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 19 May 2015, transit permit number AUS15-009 was granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini, Auckland 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +64 9 274 8567).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is used lead acid batteries (Basel code: A1160);
(b) the quantity of the waste to be transited is a maximum of 6 000 tonnes in up to 100 shipments;
(c) the batteries will be strapped and wrapped with clear plastic wrapping on to wooden pallets in shipping containers with a plastic liner or sealed in plastic containers or drums and stacked in shipping containers;
(d) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en route to the Republic of Korea;
(e) the carrier transporting the waste is CFR Line New Zealand Limited, 270 Neilson Street, Onehunga, Auckland 1061 (Telephone: +64 9 475 5185; Facsimile: +64 9 475 5186);
(f) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Delegate to the Minister
Acting 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 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 to address the need for stringent controls on the export and import of hazardous waste in Australia. This legislation was introduced by the Australian Parliament to ensure that the movement of hazardous wastes across borders is managed in a way that protects human health and the environment. The Act establishes a framework for regulating the export and import of hazardous wastes, including the issuance of transit permits and the imposition of conditions to safeguard against potential risks. The policy objective of the Act is to prevent the transboundary movement of hazardous wastes that could lead to detrimental effects on human health and the environment. In this context, the notice of the grant of a transit permit under this Act highlights the importance of carefully managing the movement of specific hazardous wastes, such as used lead acid batteries, to ensure compliance with environmental protection standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste, including used lead acid batteries, across international borders. This Act regulates the transit of hazardous waste through Australian territory, thereby affecting entities such as Metalman New Zealand Limited, who are granted specific permits for such transit operations. The Act has a national reach within Australia and impacts on international trade practices by controlling the movement of hazardous materials. Exclusions or exemptions from the permit requirements are determined on a case-by-case basis, with conditions and restrictions outlined in the specific permit granted. The application of this Act is further extended and defined through subordinate instruments, which may include additional regulations and guidelines that specify operational and procedural requirements.
Key Provisions
The notice informs that under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, a transit permit (AUS15-009) was granted to Metalman New Zealand Limited on 19 May 2015. This permit authorises the company to transit a maximum of 6000 tonnes of used lead acid batteries, classified under Basel code A1160, in up to 100 shipments. The waste must be securely strapped and wrapped in clear plastic, placed on wooden pallets, and then either placed in shipping containers with a plastic liner or sealed in plastic containers or drums, before being stacked in shipping containers. The transit will occur by sea, from New Zealand, through the port of Brisbane in Australia, en route to the Republic of Korea. The carrier responsible for the transportation is CFR Line New Zealand Limited. It is important to note that no shipment is permitted under this permit before 19 May 2015 or after twelve months from that date. The permit is also subject to specific conditions and requirements.
The Act imposes certain obligations on the permit holder, Metalman New Zealand Limited, to ensure compliance with the hazardous waste transit regulations. Firstly, the company must adhere to the specified quantity limit of 6000 tonnes and must not exceed the number of shipments allowed, which is 100. The hazardous waste must be packed and transported in the manner prescribed, ensuring that it is securely strapped, wrapped, and placed on wooden pallets, either in shipping containers with a plastic liner or sealed in plastic containers or drums. The transit must follow the designated route, from New Zealand, through the port of Brisbane in Australia, to the Republic of Korea. Additionally, the company must maintain records and documentation to demonstrate compliance with the permit conditions and the requirements of the Act.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 or the conditions of the transit permit may result in civil or criminal penalties. The Act outlines various offences related to the unauthorised export, import, or transit of hazardous waste, as well as the contravention of permit conditions. The maximum penalties for these offences may include fines and imprisonment, depending on the severity of the breach. The specific penalties are determined by the courts and may vary based on factors such as the nature of the offence, the degree of harm caused, and any previous convictions. It is essential for the permit holder to strictly adhere to the requirements and conditions set out in the Act and the transit permit to avoid potential legal consequences.