NOTICE OF DECISION TO GRANT A TRANSIT 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 22 May 2015, the Basel transit permit, AUS15-021, was granted to Globecare Services Inc, RM 205 Midway Court Building, 241 EDSA, Mandaluyong City, Philippines 1550 (Telephone +632 724 91 66; Facsimile +632 725 74 87).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is solids and liquid contaminated with polychlorinated biphenyls (Basel Code: A3180);
(b) the quantity of the waste to be transited is a maximum of 140 tonnes in up to 15 shipments;
(c) the waste is to transported by road to Manila, then shipped in bins and containers from the Philippines by sea, transiting Darwin en route to France, from where it will travel by train and road to the disposal facility in Saint Vulbas, France;
(d) no shipment is authorised under this permit before the date above or after 30 April 2016.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy Branch
Department of the Environment
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, see under 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, or by email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the need for stringent regulation over the export and import of hazardous waste. This legislation was introduced to ensure that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally. The Act provides a framework for controlling the transboundary movement of hazardous waste, including the issuance of transit permits for the movement of hazardous waste through Australian territory to another country. The policy objective of the Act is to align Australia's regulatory framework with the Basel Convention, an international treaty that aims to reduce the movements of hazardous waste between nations, particularly from developed to less developed countries. This legislative measure reflects Australia's commitment to environmental protection and responsible waste management on a global scale.
Scope and Application
The notice provided concerns the granting of a Basel transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, applying to specific hazardous waste transit arrangements for Globecare Services Inc. This legislation governs the regulation of hazardous waste exports and imports within Australia, and the permit granted in this case pertains to the transit of solids and liquid contaminated with polychlorinated biphenyls, with a maximum quantity of 140 tonnes in up to 15 shipments. The waste will be transported by road to Manila, then shipped by sea from the Philippines, transiting Darwin, and finally reaching its destination in France. This Act applies to entities involved in the export and import of hazardous waste, specifically in this instance, Globecare Services Inc, and covers the geographical scope of the Commonwealth, extending from Australia to France. The permit is subject to conditions and the relevant authorities retain the right to impose exclusions or exemptions as necessary. The application and interpretation of this Act may be extended or restricted by subordinate instruments as deemed appropriate by the Department of the Environment.
Key Provisions
The main operative section of this notice is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section provides for the grant of transit permits for hazardous waste moving through Australia. Specifically, it details the granting of Basel transit permit AUS15-021 to Globecare Services Inc, outlining the type and quantity of hazardous waste to be transported, the route of transit, and the timeframe for shipments. The permit allows for the transit of up to 140 tonnes of polychlorinated biphenyls-contaminated solids and liquids from the Philippines to France, with transit through Darwin. This permit is valid only from 22 May 2015 to 30 April 2016, and no shipments are authorised outside this period.
The Act imposes specific obligations and requirements on both the permit holder and the Department of the Environment. For the permit holder, Globecare Services Inc, it is mandatory to adhere strictly to the conditions outlined in the permit. This includes the type and quantity of waste, the transit route, and the timeframe for shipments. The Department of the Environment is required to monitor and ensure compliance with these conditions, and to provide reasons for the grant of the permit if requested by any affected parties within 28 days of the notice. Additionally, the Department is responsible for facilitating any applications for review by the Administrative Appeals Tribunal.
Failure to comply with the conditions of the permit may result in legal consequences. The Act does not explicitly detail offences or penalties within the notice, but breaches of hazardous waste regulations generally can lead to substantial penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, offences related to hazardous waste can result in fines of up to $660,000 for individuals and $3.3 million for corporations, along with potential imprisonment terms. Civil and criminal actions can be taken against those who do not comply with the permit conditions, further underscoring the importance of adherence to the stipulated requirements.