Notice of Decision to grant special transit permit to Metalman NZ Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the unregulated export and import of hazardous waste, which posed significant risks to human health and the environment. This legislation was introduced to ensure that hazardous waste is managed in a manner that minimises potential harm, by regulating the export and import of such waste and requiring permits for transit. The policy objective of the Act is to provide stringent controls over the movement of hazardous waste, ensuring it is managed responsibly and in compliance with international standards. The Act empowers the relevant authorities to issue permits with specific conditions to manage the transit of hazardous waste, as exemplified by the grant of permit number AUH367116S to Metalman NZ Ltd for the transit of used lead acid batteries.

Scope and Application

The Gazette notice provides the particulars of a special transit permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit, numbered AUH367116S, was issued to Metalman NZ Ltd, a company based in New Zealand, authorising the transit of used lead acid batteries. The permit allows for up to 10,000 tonnes of hazardous waste to be transported in up to 48 shipments, by road from Metalman's facility in Takanini, Auckland to the ports of exit in New Zealand, and then by ship, transiting the Australian ports of Sydney and Melbourne, en route to the Republic of Korea. The transit is subject to strict conditions, including compliance with relevant transport regulations based on the United Nations Committee of Experts on the Transport of Dangerous Goods' recommendations. The permit is valid for a period of twelve months from the date of issue and is subject to review by the Administrative Appeals Tribunal.

Key Provisions

Under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the main operative section of this legislation, notice has been given that a special transit permit was granted to Metalman NZ Ltd for the transit of used lead acid batteries. The permit, numbered AUH367116S, authorises the transit of a maximum of 10,000 tonnes of hazardous waste by Metalman and CFR Line New Zealand, through Australian ports, from New Zealand to the Republic of Korea (section 33(1)(a)-(c)). This transit is to occur in up to 48 shipments, transported by road within New Zealand and by ship from New Zealand, via Sydney and Melbourne in Australia, to the Republic of Korea (section 33(1)(d)-(e)). The permit is valid for 12 months from the date of issuance, 28 June 2013, and no shipment is authorised before this date or after the expiry of the 12-month period (section 33(1)(f)). The Act imposes several obligations and requirements on the parties involved. Metalman NZ Ltd, as the permit holder, is required to ensure that the hazardous waste is packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’ (section 33(1)(c)). Furthermore, Metalman and CFR Line New Zealand must adhere to the conditions specified in the permit, including the transportation routes and timings. The Department of Sustainability, Environment, Water, Population and Communities must also ensure that all documentation and compliance checks are completed correctly to facilitate the transit without any adverse environmental impact. Failure to comply with the conditions of the permit or the requirements of the Act may result in civil or criminal consequences. Offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in penalties, with the maximum penalty depending on the nature and severity of the breach. For example, contravening the permit conditions may lead to fines or imprisonment, as outlined in section 58 of the Act. Additionally, any environmental damage caused by non-compliance may result in further civil liabilities and penalties. It is essential for all parties to adhere strictly to the permit conditions and the Act’s requirements to avoid these consequences.