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 AUS15-010 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 2 000 tonnes in up to 60 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 by the Parliament of Australia to address the problem of the improper management and transboundary movement of hazardous wastes, which posed significant risks to human health and the environment. This legislation established a framework for the regulation of the export and import of hazardous wastes, ensuring that such activities are conducted in a manner that protects public health and the environment. The policy objective of the Act is to prevent and reduce the transboundary movement of hazardous wastes where such movement may lead to detrimental effects on human health and the environment, while facilitating the environmentally sound management of hazardous wastes through the provision of a permit system and associated conditions. The notice of the grant of a transit permit under this Act is an example of the regulatory measures implemented to achieve these policy objectives, demonstrating the Act's role in controlling the transit of hazardous wastes through Australian territory.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the movement of hazardous waste across international borders, including transit through Australia. Specifically, the Act applies to any person or entity involved in the export, import, or transit of hazardous waste within Australia, with a particular focus on ensuring the environmentally sound management of such waste. This legislation applies on a national level across the Commonwealth of Australia and extends to any hazardous waste that requires regulation under the Basel Convention, including the specific case of used lead acid batteries as mentioned in the notice. There are certain exclusions and exemptions provided within the Act, but they are not detailed in this specific notice of decision. The Act can extend its application through subordinate instruments, which may include regulations and guidelines that provide further detail on the types of hazardous waste covered, the conditions of transport, and the enforcement mechanisms available to the Department of the Environment.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for the granting of transit permits for the movement of hazardous waste through Australian territory. The notice provided under this section specifies the particulars of the transit permit granted to Metalman New Zealand Limited, including the type of hazardous waste (used lead acid batteries), the maximum quantity, the method of transportation, the route, and the carrier involved. The permit is valid for a period of twelve months from the date of issue, which is 19 May 2015.
The obligations imposed on the parties governed by this Act include strict adherence to the conditions specified in the transit permit. Metalman New Zealand Limited must ensure that the hazardous waste is packaged and transported in accordance with the permit's specifications, which includes the use of wooden pallets, clear plastic wrapping, and sealed containers. The carrier, CFR Line New Zealand Limited, must also comply with these conditions and any additional requirements imposed by Australian authorities. Both parties are required to maintain proper documentation and records of the transit process, which may be subject to inspection and verification by the relevant authorities.
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. Under section 84 of the Act, a person who contravenes a provision of the Act may be liable to a penalty of up to $220,000 for an individual and $1,100,000 for a body corporate. In addition, under section 86, a person who is found guilty of an offence against the Act may also be subject to imprisonment for up to five years. The specific penalties for a given offence would depend on the nature and severity of the breach, as well as any relevant mitigating or aggravating factors.