NOTICE OF DECISION TO GRANT SPECIAL 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 21 December 2015, import permit number AUH15-072 was granted to Sims Group Holdings Australia Limited, 148 Dunn Road, Rocklea QLD 4106 (Telephone: 07 3277 3000; Facsimile: 07 3277 8866).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is used lead acid batteries (Basel code: A1160);
(b) the quantity of the waste to be imported is a maximum of 500 tonnes in up to 25 shipments;
(c) the exporter of the waste is ETV Sarl ZI Ducos, 10 Ave Baie de Koutio, Nouméa, New Caledonia, Telephone +687 238 383, F acsimile +687 238 384;
(d) the wastes are to be packed with card or fibre board and lime to neutralize spillage, then strapped to pallets and shrink wrapped before being placed in ventilated, closed containers for transport;
(e) the wastes are to be transported by sea from New Caledonia direct to the port of Brisbane;
(f) all of the wastes are to be forwarded by road to the facility of Hydromet Corporation Pty Ltd, 201 Five Islands Road, Unanderra, NSW, 2526, to undergo operation R4 ‑ recycling/reclamation of metal and metal compounds; and
(g) no shipment is authorised under this permit before the date of this permit or after 30 November 2016.
The permit includes and is subject to conditions.
Paul Kesby
Delegate to the Minister
Acting 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 regulate the export and import of hazardous wastes in Australia, addressing the need for strict control over the movement of hazardous materials to protect human health and the environment. The Act was enacted by the Australian Parliament and its primary policy objective is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment. This legislation provides a framework for the issuance of special import permits, allowing the Minister to approve the import of hazardous wastes under certain conditions, as evidenced by the recent granting of permit AUH15-072 to Sims Group Holdings Australia Limited for the import of used lead acid batteries. The Act empowers the Minister to impose conditions on these permits to ensure compliance with environmental and health standards, reflecting a commitment to rigorous oversight of hazardous waste transactions.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports, governing entities involved in the movement of such waste across international borders. Specifically, this legislation pertains to companies like Sims Group Holdings Australia Limited, which, in this case, is granted a special import permit for used lead acid batteries. The Act mandates that such entities must comply with stringent conditions governing the import of hazardous waste, including the packaging, transport, and processing of the waste, as well as the facilities to which the waste is to be delivered, such as Hydromet Corporation Pty Ltd in this instance. The Act's jurisdiction extends nationally, encompassing all states and territories within Australia, and it imposes regulatory oversight to ensure the environmentally sound management of hazardous waste. Exclusions or exemptions from the permit requirements are not explicitly detailed in the provided text, but the permit itself is subject to specific conditions that must be adhered to by the permit holder. The Act can also extend or restrict its application through subordinate instruments, although these are not elaborated upon in the notice.
Key Provisions
The Gazetted notice of the decision to grant a special import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 specifies the permit number AUH15-072 granted to Sims Group Holdings Australia Limited, detailing the type of hazardous waste to be imported, the maximum quantity, the exporter, the method of packing and transportation, the destination facility, and the time frame for the shipments (sections 33). The permit is for used lead acid batteries, with a maximum import quantity of 500 tonnes in up to 25 shipments, to be exported by ETV Sarl and transported by sea to Brisbane before being forwarded to Hydromet Corporation Pty Ltd in Unanderra, NSW, for recycling operations. The waste must be packed in a specific manner and transported within the permit's authorised time frame.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on the parties involved. Sims Group Holdings Australia Limited must adhere to the conditions outlined in the permit, including the proper packing, transportation, and recycling of the hazardous waste. ETV Sarl must ensure the waste is exported according to the specifications and within the authorised timeframe. Hydromet Corporation Pty Ltd is responsible for the final processing of the waste according to the outlined operation R4. Each party must comply with all relevant conditions to ensure the safe and lawful handling of hazardous waste.
Breaches of the conditions outlined in the permit or any other provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in civil or criminal consequences. The Act provides for various offences, including the unauthorised export or import of hazardous waste, failure to comply with permit conditions, and non-compliance with packaging and transportation requirements. Penalties for breaches can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act that have been contravened.