NOTICE OF DECISION TO GRANT AN EXPORT 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, on 10 November 2014, permit number AUH 143977N was granted to MRI (Aust) Pty Ltd (ABN 76 007 391 335) of 20-24 Dennis Street, Campbellfield VIC 3061 (phone: +61 3 9303 1824; facsimile: +61 3 9305 4491).
The particulars of the permit are as follows:
- the hazardous waste to be exported is leaded glass cullet from waste cathode ray tubes (Basel Code A2010);
- the quantity of the waste to be exported is a maximum of 1320 tonnes in up to seventy (70) shipments;
- the waste is to be exported by sea from Melbourne, Sydney, Brisbane, Perth, Adelaide, Hobart, Wollongong and Townsville direct to Busan in the Republic of Korea, with no transit countries;
- from Busan the waste is to be transported by land to Korea Zinc Co Ltd at 139, Ijin-ro, Onsan-eup, Ulju-gun, Ulsan, 689-892;
- at the facility of Korea Zinc Co Ltd, the waste is to undergo recovery operation R4 - Recycling/reclamation of metals and metal compounds; and
- no shipment is authorised under this permit before the date below and all transboundary movements are to be completed by 30 September 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy Branch
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 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 Deputy Registrar, Administrative Appeals Tribunal in your capital city, as listed in the Commonwealth Government Section in the White Pages.)
Further enquiries 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; e-mail hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the problem of the improper export and import of hazardous waste, which could pose significant risks to both human health and the environment. The Act was designed to ensure that the export and import of hazardous waste are carried out in a manner that minimises the potential for harm. The legislation provides a regulatory framework that includes the requirement for export permits, thereby enabling the government to control and monitor the movement of hazardous waste across borders. This act aligns with the policy objective of protecting Australia and other countries from the adverse effects of hazardous waste by ensuring that it is managed in an environmentally sound manner.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, particularly affecting entities involved in the movement of such waste across borders. Specifically, this Act applies to any person or entity involved in the export of hazardous waste, as evidenced by the permit granted to MRI (Aust) Pty Ltd for the export of leaded glass cullet from waste cathode ray tubes to Korea Zinc Co Ltd. The legislation has a national jurisdictional reach as it is a Commonwealth Act, thereby regulating activities that involve interstate or international movement of hazardous waste. The Act sets out conditions under which such exports can take place, ensuring environmental protection and proper waste management practices are followed. There are no stated exclusions or exemptions within this particular notice, but the Act itself may contain provisions that exclude certain types of waste or transactions under specific circumstances. The application and scope of the Act can be further defined or modified through subordinate instruments or regulations, which may provide additional details or conditions for exports and imports of hazardous waste.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates the publication of a decision to grant an export permit, as seen with permit number AUH 143977N granted to MRI (Aust) Pty Ltd. This permit allows the company to export a specific quantity of hazardous waste, in this case, leaded glass cullet from waste cathode ray tubes, under certain conditions. The permit outlines the type of waste, the maximum quantity of 1320 tonnes, and the number of shipments allowed, which is up to seventy (70). The waste is to be exported directly to a specified location in the Republic of Korea, with no intermediate countries involved. Upon arrival in Korea, the waste will undergo a specific recovery operation, R4 - Recycling/reclamation of metals and metal compounds. Additionally, the permit specifies the ports of departure and the final destination, as well as a deadline for the completion of all transboundary movements by 30 September 2015.
The Act imposes several obligations on the parties involved. MRI (Aust) Pty Ltd must ensure compliance with all conditions of the permit, which includes adhering to the specified waste type, quantity, and shipment details. The company is also required to export the waste directly to the designated location in Korea and ensure that the waste undergoes the specified recovery operation. The Department of the Environment, through its Hazardous Waste Section, retains the right to review and enforce compliance with the permit conditions. Furthermore, the permit is subject to the Administrative Appeals Tribunal Act 1975, which allows affected persons to seek reasons for the decision and apply for an independent review if necessary.
Breach of the conditions outlined in the export permit may result in various consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, failure to comply with the permit conditions could lead to the permit being revoked or modified. In more severe cases, violations may result in legal action, including fines and penalties as stipulated by the Act. The maximum penalties for breaches related to hazardous waste management and export regulations can be substantial, reflecting the serious environmental and health risks associated with improper handling of hazardous materials. Legal action may also be pursued by the Department of the Environment or through the Administrative Appeals Tribunal, depending on the nature and severity of the breach.