NOTICE OF DECISION TO GRANT A PERMIT UNDER THE
HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that permit AUH15-062 was granted to Lewer Corporation Pty Ltd (ACN 000 995 611), 64 Moncur Street, Woollahra, NSW 2025 Telephone: +61 2 9363 9741; Facsimile: +61 2 9326 2043).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is waste zinc skimmings (Basel Code A1080);
b) the quantity of the waste to be exported is a maximum of 1000 tonnes;
c) the waste is to be transported by road from Port Kembla, NSW to the port of Sydney, NSW, then by sea to Bangkok, Thailand, where it will then travel by road to Global Chemical Company, Limited, 545 Bangpoo Industrial Estate, Sukumvit Road, Muang District, Samutprakarn 20380, Thailand;
d) At that facility, all of the waste is to undergo recovery operation R4-Recyling/reclamation of metals and metal compounds;
e) Any residues arising from the recovery of metals and metal compounds are to be immobilised in concrete and transported by road to the facility of Better World Green Public Company Limited, 140 Moo 8, Tambon Huai Haeng, Amphoe Kaeng Khoi, Saraburi Province, 18110, Thailand;
f) At that facility, all of the immobilised residues arising from the recovery of metals and metal compounds are to undergo disposal operation D1-deposit into landfill; and
g) No shipment is authorised before the date below or after 23 March 2017.
The permit includes and is subject to conditions.
Rochelle Christian
Delegate of the Minister
Chemicals and Waste Branch
Department of the Environment
7 July 2016
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision.
An application for independent merits review of the decision may be made to the Administrative Appeals Tribunal on payment of the relevant fee by the applicant within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if the reasons for the decision are not sought. Applications should be made to the Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment
GPO Box 787
CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls over the export and import of hazardous waste, ensuring that such activities do not pose undue risks to human health and the environment. The Act was introduced by the Australian Parliament with the policy objective of preventing the transboundary movement of hazardous waste that could lead to environmental degradation or pose a risk to human health. The legislation was designed to align with international frameworks such as the Basel Convention, which seeks to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries. This Act ensures that any export or import of hazardous waste is subject to appropriate oversight and conditions, thereby safeguarding environmental and public health.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity engaged in the export or import of hazardous waste, as well as any waste transporters or recovery and disposal facility operators involved in the movement or treatment of such waste. The Act has a national reach across Australia, encompassing both state and territory jurisdictions, and is enforced by the Department of the Environment. The Act does not apply to domestic movements of hazardous waste within Australia. The permit granted under the Act specifies the type of hazardous waste, the quantity, and the detailed process for its transportation and treatment in the destination country, subject to certain conditions. Any exclusions or exemptions are not detailed in the gazetted notice, but typically, the Act may exclude certain types of waste or operations under specific circumstances, which could be detailed in subordinate instruments or regulations. The permit is subject to conditions and can be reviewed or appealed under the Administrative Appeals Tribunal Act 1975.
Key Provisions
The main operative sections of the notice concern the grant of a hazardous waste export permit (Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989). The notice specifies the details of the permit granted to Lewer Corporation Pty Ltd (AUH15-062), which includes the type of hazardous waste to be exported (waste zinc skimmings, Basel Code A1080), the maximum quantity of 1000 tonnes, and the transportation and recovery operations involved. The waste is to be transported from Port Kembla to Sydney, then by sea to Bangkok, Thailand, where it will be processed at Global Chemical Company, Limited. Any residues from the recovery process are to be immobilised in concrete and transported to Better World Green Public Company Limited for landfill disposal. The permit is valid from an unspecified start date until 23 March 2017, and it includes conditions that must be adhered to.
The Act imposes several obligations on the parties involved. Lewer Corporation Pty Ltd must ensure that the waste is transported and processed according to the specified methods and locations. The company is also required to comply with all conditions of the permit, including any additional conditions imposed by the Department of the Environment. Moreover, the recovery facility in Thailand and the disposal facility must also adhere to the stipulated operations and processes, ensuring that the waste is handled in an environmentally sound manner as per the permit's requirements.
Breach of any provisions of the Act or conditions of the permit can result in significant legal consequences. The legislation does not explicitly state the offences or penalties within the notice itself, but it is understood that violations could lead to criminal charges under the Act, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, but they could potentially include substantial fines and/or imprisonment for individuals involved in the management or oversight of the waste export. Additionally, failure to comply with the permit conditions could result in the revocation of the permit and possible civil liability for any environmental damage caused by the breach.