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 18 December 2015, transit permit number AUH15-073 was granted to Chempro Group Limited, 40 Seaview Road, Lower Hutt, Wellington, New Zealand (Telephone: +64 9 914 8594; Facsimile: +64 9 309 9264).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is lead paste and lead grid derived from used lead acid batteries (Basel code: A1020);
(b) the quantity of the waste to be transited is a maximum of 3 000 tonnes in up to 30 shipments;
(c) the wastes are to be segregated so that the lead grid and lead paste is packed in separate jumbo bags, which are then to be loaded without pallets into heavy duty shipping containers and sealed;
(d) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en-route to Spain, where the wastes are to land at either Barcelona, Cartagena or Valencia; and
(e) no shipment is authorised under this permit before the date above or after 1 January 2017.
The permit includes and is subject to conditions.
Andrew McNee
Delagate to the Minister
Assistant Secretary
Chemicals and Waste 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,
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 to provide for the regulation of the export and import of hazardous waste and to establish a system of permits for such activities. The Act was introduced to address the problem of the improper disposal and management of hazardous waste, which poses significant risks to human health and the environment. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was passed by the Parliament of Australia with the policy objective of ensuring that the export and import of hazardous waste are managed in a way that protects human health and the environment, and that such waste is not exported or imported in a manner that would cause harm. The Act provides a framework for the regulation of hazardous waste exports and imports, including the establishment of a permit system and the imposition of conditions on permits to ensure that such waste is managed in a responsible manner.
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 within Australia, providing regulatory oversight to ensure that such activities are conducted in a manner that protects human health and the environment. This Act applies to all hazardous waste exported from or imported into Australia, governing the procedures, permits, and conditions under which such movements can occur. The geographic reach of the Act is national, applying across all states and territories within the Commonwealth of Australia. The Act includes provisions for the granting of import and export permits, with conditions that must be met to ensure the safe handling and transport of hazardous waste. There are specific exclusions and exemptions outlined within the Act, which may apply to certain types of waste or movements under particular circumstances. The application and scope of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on the implementation of the Act’s provisions.
Key Provisions
The notice provided under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs that a Waigani Import Permit, number AUH15-073, was granted to Chempro Group Limited on 18 December 2015. This permit allows for the transit of hazardous waste, specifically lead paste and lead grid derived from used lead acid batteries, from New Zealand to Spain. The waste must be transported by sea, transiting through the port of Brisbane in Australia, and must adhere to strict packaging and shipment conditions. These include the segregation of waste into separate jumbo bags, loaded without pallets into heavy duty shipping containers and sealed, with a maximum quantity of 3,000 tonnes spread across up to 30 shipments. The permit is valid from the date of issue until 1 January 2017, and no shipment is authorised outside this period.
The obligations imposed by this Act on the parties involved are comprehensive and designed to ensure the safe and regulated movement of hazardous waste. Chempro Group Limited must comply with the specified conditions of the permit, which include detailed requirements for the segregation, packaging, and transportation of the hazardous waste. Additionally, they must ensure that the waste is only transited through the specified ports and within the permitted timeframe. Failure to comply with these conditions could result in the revocation of the permit and potential legal action under the Act.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for various offences and penalties for breaches of its provisions. Any person who contravenes the Act or the conditions of a permit, such as by transporting waste outside the specified timeframe or failing to adhere to packaging requirements, commits an offence. The maximum penalties for these offences can be substantial, reflecting the serious environmental and health risks associated with the improper handling of hazardous waste. Enforcement of the Act may result in fines and, in severe cases, imprisonment for individuals, as well as financial penalties for corporations. The Act also allows for the recovery of costs incurred by the government in dealing with breaches.