NOTICE OF DECISION TO GRANT AN EXPORT 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 permits AUH149761S and AUH141161K were granted to Umicore Australia Limited (ACN 008 638 917), 414 Somerville Road, Tottenham, Victoria, 3012 (Telephone: +61 3 9362 6508) (Facsimile: +61 3 9362 6555).
The particulars of the permits are as follows:
a) the hazardous wastes to be exported in relation to permits AUH149761S and AUH141161K are crude zinc skimmings (Basel Code A1080) and zinc fines (Basel Code A1080), respectively;
b) the quantities of the waste to be exported are a maximum of 3 000 tonnes crude zinc skimmings and 3 000 tonnes of zinc fines;
c) the crude zinc skimmings and zinc fines will be packaged in accordance with the relevant Dangerous Goods guidelines. The waste will be packed in Dangerous Goods grade bulk bags or 200 L drums and packed into containers;
d) the waste is to be shipped by sea from Sydney, Melbourne, Brisbane or Perth and will transit through Singapore, Egypt, The Netherlands, Germany and Great Britain, en route to Antwerp in Belgium, from where it will travel by land to the recovery facility of:
- Rezinal NV at Dellestraat 17 – Industriezone Zolder, B-3550 Zolder for the processing of zinc skimmings; and
- Umicore NV at 3550 Heusden Zolder (Belgium) Industriezone Zolder – Lummen Zuid for the processing of zinc fines.
e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds;
f) no shipment is authorised under this permit before the date below or after 31 October 2015.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Delegate to the Minister
Assistant Secretary
Waste Policy 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 E-mail at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the issue of regulating the export and import of hazardous waste, thereby ensuring that such activities are conducted in an environmentally sound manner and with adequate safeguards. This Act was designed to prevent the improper disposal and potential environmental harm caused by the transboundary movement of hazardous waste, aligning Australia's practices with international standards set by the Basel Convention. The policy objective of the Act is to control the export and import of hazardous wastes in a way that protects human health and the environment from the adverse effects of such wastes, and to promote the reduction of hazardous waste generation and its environmentally sound management.
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 wastes within Australia and abroad. The Act specifically governs the issuing of permits for the export of hazardous wastes and regulates the associated conduct and transactions. In this case, the Act applies to Umicore Australia Limited, as evidenced by the permits granted to the company for the export of crude zinc skimmings and zinc fines. The geographic reach of the Act extends to international waters and foreign jurisdictions, as indicated by the specified route of the shipment through various countries en route to Belgium. The Act allows for the imposition of conditions on the permits to ensure compliance with environmental and safety standards. The Act's application may be extended or restricted through subordinate instruments, which may detail specific requirements or exemptions for particular types of hazardous wastes or export scenarios.
Key Provisions
The main operative sections of the Notice of Decision to Grant an Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as referenced in section 33 of the Act, detail the granting of permits AUH149761S and AUH141161K to Umicore Australia Limited for the export of hazardous wastes. Specifically, section 33 mandates the notification of such decisions. Permits AUH149761S and AUH141161K authorize the export of up to 3,000 tonnes of crude zinc skimmings and 3,000 tonnes of zinc fines, respectively. These permits specify the types of hazardous wastes (Basel Code A1080), the packaging methods in compliance with Dangerous Goods guidelines, and the shipping routes and destinations in Belgium for processing and recovery operations.
The Act imposes several obligations on the parties involved, primarily Umicore Australia Limited in this instance. The company must adhere to the conditions specified in the permits, ensuring the waste is packaged correctly and shipped according to the outlined routes and timelines. They must also ensure the waste is disposed of through approved recovery operations, specifically R4–Recycling/reclamation of metals and metal compounds. Compliance with these conditions is crucial to maintaining the validity of the permits and avoiding any legal repercussions.
The legislation also outlines the consequences for any breaches of the Act's provisions. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, failure to comply with the terms of the export permits can lead to civil or criminal penalties. The maximum penalties for breaches of hazardous waste regulations can include substantial fines and imprisonment. These penalties underscore the importance of strict adherence to the Act’s requirements to avoid legal and financial consequences. In addition, the Notice provides a mechanism for review and appeal, allowing affected parties to seek reasons for the decision or apply for an independent review within the stipulated timeframes.