NOTICE OF DECISION TO GRANT WAIGANI IMPORT 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 27 March 2014, permit AUH348124D was granted to Hazmat Services Pty Ltd (Hazmat) (ACN 43 127 055 743), 1st Floor, 17 Gipps Street, Carrington, NSW 2294 (Telephone +61 2 4961 1887; Facsimile +61 2 4969 5887).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is used lead acid batteries (Basel Code A1160);
(b) the quantity of the waste to be imported is a maximum of 240 tonnes;
(c) the waste is to be imported in up to 12 shipments:
(i) by sea from Port Moresby direct to Newcastle, NSW; and
(ii) then by land to the facility operated by Toxfree Solutions Ltd at 42 Heather Street, Heatherbrae, NSW 2324;
(d) at that facility, the waste is to undergo operation R13 – Accumulation of material;
(e) the waste is then to be forwarded to the facility of Australian Refined Alloys, 202-212 Euston Road, Alexandria, NSW 2015, to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds; and
(f) the permit expires on 31 January 2015 and all transboundary movements of the used lead acid batteries must be completed by that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection 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, listed under 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 Parliament of Australia to address the problem of the improper management and transboundary movement of hazardous waste, which can pose significant risks to human health and the environment. The Act establishes a regulatory framework to control the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The policy objective of the Act is to prevent and minimise the generation of hazardous waste, and to ensure the safe management and disposal of hazardous waste, including through the control of transboundary movements. The Act provides for the issuance of import and export permits for hazardous waste, and sets out conditions that must be met by those who wish to import or export such waste. The Act also provides for the establishment of a system for the tracking and monitoring of hazardous waste movements, and for the enforcement of the Act through penalties and other measures.
Scope and Application
The notice pertains to the granting of an import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically for Hazmat Services Pty Ltd. This permit, AUH348124D, authorises the import of used lead acid batteries, classified under Basel Code A1160, with a maximum quantity of 240 tonnes to be transported in up to 12 shipments. The importation is to occur by sea from Port Moresby to Newcastle, NSW, and subsequently by land to Toxfree Solutions Ltd's facility in Heatherbrae, NSW, where the waste will be accumulated. Following this, the waste will be forwarded to Australian Refined Alloys' facility in Alexandria, NSW, for recycling. The permit, which includes specific conditions, expires on 31 January 2015, necessitating that all transboundary movements of the waste must be completed by this date. The legislation applies to entities involved in the hazardous waste import process, including Hazmat Services Pty Ltd, and is regulated at the Commonwealth level. The Act does not specify any exclusions or exemptions, and its application can be extended or restricted through subordinate instruments.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 establishes the framework for regulating the import and export of hazardous waste in Australia. Section 33 of the Act provides for the granting of import permits for hazardous waste, which includes the particulars of the waste, the quantity, the method of transport, the location of the facility where the waste will be treated, and the expiry date of the permit. In this instance, permit AUH348124D (section 33) was granted to Hazmat Services Pty Ltd for the import of used lead acid batteries, up to a maximum of 240 tonnes, to be transported by sea and land to Toxfree Solutions Ltd and Australian Refined Alloys facilities for accumulation and recycling operations respectively. The permit is subject to conditions and expires on 31 January 2015.
Under the Act, Hazmat Services Pty Ltd is required to comply with the conditions of the permit, which may include ensuring the safe transport and treatment of the hazardous waste, maintaining records of the transboundary movement, and adhering to any environmental or safety regulations in place. The Department of the Environment is responsible for monitoring and enforcing compliance with the permit conditions and the Act. Hazmat Services Pty Ltd must also ensure that all transboundary movements of the hazardous waste are completed by the expiry date of the permit.
The Act imposes several obligations on Hazmat Services Pty Ltd and other parties involved in the import of hazardous waste. These include ensuring the safe and environmentally sound management of the hazardous waste, obtaining any necessary permits or approvals, and providing information to the Department of the Environment as required. The Act also requires Hazmat Services Pty Ltd to notify the Department of the Environment of any incidents or accidents related to the import of hazardous waste, and to take appropriate action to mitigate any adverse effects on the environment or human health.
Failure to comply with the requirements of the Act or the conditions of the import permit may result in civil or criminal penalties. Under the Act, a person who contravenes a provision of the Act may be liable to a fine of up to $330,000 for an individual and $1.65 million for a body corporate, or imprisonment for up to five years, or both. In addition, a person who causes or permits the transboundary movement of hazardous waste in a manner that is inconsistent with the conditions of the import permit may be liable to a fine of up to $660,000 for an individual and $3.3 million for a body corporate, or imprisonment for up to ten years, or both. The maximum penalties may be increased in certain circumstances, such as where the contravention is deliberate or reckless, or where there is a significant risk of harm to the environment or human health.