NOTICE OF DECISION TO GRANT PERMITS 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 transit permits AUH16-021, AUH16-024 and AUH16-025 were granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini, 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +64 9 274 8567).
The particulars of the permits are as follows:
(i) the type of waste is used lead acid battery scrap (drained and undrained, Basel Code A1160);
(ii) the maximum quantity of the waste to be transported for each permit is:
- AUH16-021 - 6000 tonnes;
- AUH16-024 - 6000 tonnes;
- AUH16-025 - 1000 tonnes;
(iii) 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;
(iv) the waste is to be transported by sea from New Zealand to the Republic of Korea and during transit by sea to the Australian port of entry;
(v) the carriers transporting the waste are:
- CMA CGM, Level 2, 32-34 Mahuhu Crescent, Auckland 1010, New Zealand (Telephone: +64 9 366 2800; Facsimile: +64 9 300 5877);
- ANL New Zealand, Level 2, 32-34 Mahuhu Crescent, Auckland 1010, New Zealand (Telephone: +64 9 366 2870; Facsimile: +64 9 366 2871); and
- APL New Zealand, 25 Anzac Street, Takapuna, Auckland 0622, New Zealand (Telephone: +64 9 905 3748; Facsimile: +64 9 489 6071).
(vi) the waste may only be brought into Australia during the permit period;
(vii) the waste is to enter the port of Brisbane;
(viii) the waste may only be taken out of Australia during the permit period;
(ix) the waste may only be taken out of Australia from the port of Brisbane.
The permit period is from the date below and expires one year from this date.
The permit includes and is subject to the conditions that form a schedule to this permit.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
10 August 2016
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 and Energy requesting the reasons for the decision.
An application for independent merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment and Energy
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 regulating the export and import of hazardous waste in and out of Australia. This Act aims to ensure that hazardous waste is managed in a way that protects human health and the environment. Under section 33 of the Act, the Minister for the Environment may grant a transit permit for the export or import of hazardous waste, subject to certain conditions and requirements. This Act is administered by the Department of the Environment and Energy, and its policy objective is to provide for the effective regulation of hazardous waste exports and imports, in line with international agreements and obligations.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, with the aim of regulating and controlling such activities to protect human health and the environment. The Act applies to persons and entities involved in the export and import of hazardous waste, including waste exporters, importers, carriers, and treatment facilities. The legislation covers a range of hazardous waste types, with specific provisions for used lead acid battery scrap, as outlined in the notice of decision for the permits mentioned. The Act has a national jurisdictional reach, operating across the Commonwealth of Australia, and includes provisions for subordinate instruments to extend or restrict its application. The Act does not specify any exclusions, exemptions, or thresholds for the permits granted, but conditions may apply, as detailed in the schedule to the permit.
Key Provisions
The Gazetted notice outlines the granting of transit permits for the export of used lead acid battery scrap from New Zealand to the Republic of Korea, with transit through Australian ports. The permits (AUH16-021, AUH16-024, and AUH16-025) were issued to Metalman New Zealand Limited under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The primary details of these permits include the type of hazardous waste being transported, which is classified under Basel Code A1160; the maximum quantities specified for each permit, with AUH16-021 and AUH16-024 each allowing 6000 tonnes, and AUH16-025 allowing 1000 tonnes; and the packaging and transportation requirements, which detail the method of securing the waste on pallets or in sealed containers before loading into shipping containers.
The obligations imposed by the Act on the parties involved are stringent and multifaceted. Metalman New Zealand Limited, as the permit holder, is required to adhere to the specified conditions, including the packaging and transportation protocols. The carriers, namely CMA CGM, ANL New Zealand, and APL New Zealand, must also comply with the conditions stipulated in the permit. These include the transportation of the waste by sea, ensuring the waste is only brought into Australia during the permit period, and only exiting Australia from the designated port of Brisbane. The carriers must ensure that all waste is securely packaged as outlined and transported according to the permitted route and timeframes.
The legislation also delineates the consequences for non-compliance with the Act and the conditions of the permits. Violation of the provisions could lead to severe penalties, both civil and criminal. Under the Act, unauthorised actions such as the export or import of hazardous waste without the necessary permits, or non-compliance with the conditions of the permits, could result in significant fines and imprisonment. The exact penalties are not specified in the notice but generally, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, offences can attract substantial fines and/or imprisonment terms depending on the severity of the breach. It is also worth noting that any party aggrieved by the decision can seek a review within the stipulated timeframes provided under the Administrative Appeals Tribunal Act 1975.