NOTICE OF DECISION TO GRANT A 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 23 December 2015, special export permit AUS15-033 was granted to Mount Isa Mines Limited (ACN 009 661 447), Level 38, 1 Macquarie Place, Sydney, NSW, 2000; Telephone: +61 2 8247 6315; Facsimile: +61 2 9251 4740.
The particulars of the permit are as follows:
(i) the recipient of the waste is Umicore Precious Metal Refining, 14, A. Greinerstraat, B 2660 Hoboken, Belgium (Telephone: +32 3 8221 6911) (Facsimile: +32 3 821 7864);
(ii) the type of the waste is lead copper dross (Basel Code A1020);
(iii) the maximum quantity of the waste that may be exported is 20 000 tonnes;
(iv) the waste is to be contained during export in containers;
(v) the waste is to be transported by rail or road to the port of export, shipped by sea, and then by inland waterway from the port of destination to the recovery facility;
(vi) the waste may only be exported during the permit period;
(vii) the waste is to be exported from Townsville Port;
(viii) the waste is to be exported to Antwerp Port of Belgium;
(ix) the transit countries are The Philippines, Singapore, Malaysia, Egypt, The United Kingdom,
The Netherlands and Germany;
(x) the waste is to undergo a recovery operation at the Umicore Precious Metal Refining facility; and
(xi) the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.
The permit period is from the date below until the permit expiry date of 31 July 2016. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Paul Kesby
Delegate to the Minister
Chemicals and Waste Branch
Department of the Environment
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 issue of the export and import of hazardous waste in a manner that protects the environment and human health from potential risks. This legislation provides a regulatory framework for the transboundary movement of hazardous waste, ensuring that such movements are conducted in an environmentally sound manner. The Act was enacted by the Parliament of Australia, with the primary policy objective of safeguarding the environment from the adverse effects of hazardous waste, including the prevention of illegal traffic in hazardous waste. The Act empowers the Minister to grant special export permits for hazardous waste, subject to stringent conditions that ensure the waste is managed responsibly throughout its journey, from the point of origin to the final destination.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export or import hazardous waste. This includes companies such as Mount Isa Mines Limited, which in this instance, have applied for and received a special export permit for the export of a specific type of hazardous waste. The Act is of Commonwealth jurisdiction, meaning it applies across the entire nation, and its regulatory reach extends to any hazardous waste exported from or imported into Australia. The Act specifies conditions under which hazardous waste may be exported, including details of the waste, the recipient, the quantity, and the transportation and recovery processes. In this case, the permit issued to Mount Isa Mines Limited allows for the export of up to 20,000 tonnes of lead copper dross to a specified facility in Belgium, subject to various conditions, such as the use of containers during transport and the completion of all movements by a specified date. The Act also provides avenues for review and appeal, ensuring that affected parties can challenge the decisions made under its authority.
Key Provisions
The main operative sections of the notice (Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989) declare the grant of special export permit AUS15-033 to Mount Isa Mines Limited, outlining the specifics of the permit. This includes the recipient of the waste, which is Umicore Precious Metal Refining in Belgium, the type of waste which is lead copper dross, and the maximum quantity of 20,000 tonnes. The permit also details the transportation methods and route, the permitted period of export, and the specific ports for export and import. Moreover, the recovery operation to be conducted is specified as R4 – Recycling/reclamation of metals and metal compounds.
The obligations imposed by this Act on the parties involved are multifaceted. Mount Isa Mines Limited must ensure that the waste is exported according to the specified conditions, including the type, quantity, and route. The company must also ensure that the waste is contained in appropriate containers during the entire export process. Umicore Precious Metal Refining, as the recipient, is obligated to undertake the specified recovery operation at their facility. The transit countries named in the permit must also comply with the international regulations for the transport of hazardous waste.
The legislation outlines potential consequences for non-compliance with the terms of the permit. Breaches of the permit conditions could lead to civil or criminal penalties. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, failure to comply with the permit conditions could result in hefty fines, imprisonment, or both. For instance, knowingly making a false statement in the application for a permit or breaching the conditions of a permit can result in a fine of up to $1,100,000 or imprisonment for up to 10 years, or both, for individuals, and a fine of up to $5,500,000 for bodies corporate. Furthermore, if the waste is exported in a manner that does not comply with the permit conditions, it could lead to the permit being revoked, and the waste could be returned at the exporter's expense.