NOTICE OF DECISION TO GRANT TWO EXPORT PERMITS 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 AUH16-001 and AUH16-002 were granted to Umicore Australia Limited (ACN 008 638 917), 1/49 Calarco Drive, Derrimut, Victoria, 3030 (Telephone: +61 3 8348 8908) (Facsimile: +61 3 8348 8955).
The particulars of the permits are as follows:
(i) the proposed recipients of the wastes are:
- Crude zinc skimmings: Rezinal NV, Dellestraat 17 – Industriezone Zolder, Lummen Zuid, B-3550 Zolder, (Telephone: +32 4 366 6431) (Facsimile: +32 4 366 6403), and
- Zinc fines: Umicore Zinc Chemicals Belgium NV/SA, Broekstraat 31, Rue De Marais, 1000 Brussels, Belgium (Telephone: +32 4 366 6431) (Facsimile: +32 4 366 6403);
(ii) the types of the waste are crude zinc skimmings (Basel Code A1080), and zinc fines (Basel Code A1080);
(iii) the maximum quantity of the waste that may be exported under each permit is 3000 tonnes over the period of 13 May 2015 to 31 October 2017, inclusive;
(iv) the crude zinc skimmings and zinc fines will be packaged in accordance with the relevant Dangerous Goods guidelines. The wastes will be packed in Dangerous Goods grade bulk bags or 200 L drums and packed into containers;
(v) the wastes may only be exported during the permit period;
(vi) the wastes are to be exported from ports in Sydney, Melbourne, Brisbane or Perth; and
(vii) the waste are to be exported to Antwerp in Belgium;
(viii) the transit countries are Singapore, Egypt, The Netherlands, Germany and Great Britain;
(ix) the crude zinc skimmings are to undergo a recovery operation at the Rezinal NV facility;
(x) the zinc fines are to undergo a recovery operation at the Umicore Zinc Chemicals Belgium NV/SA facility; and
(xi) the recovery operation for both wastes is R4 – Recycling/reclamation of metals and metal compounds.
The permit period is from the date below until the permit expiry date of 31 October 2017. All transboundary movements must be completed by the permit expiry date. Any movements between 1 November 2016 and 31 October 2017 will require transit consent from Singapore and Egypt covering the period of the movements.
The permit includes and is subject to conditions.
Andrew McNee
Delegate 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, 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 by the Commonwealth Parliament to address the problem of the uncontrolled export of hazardous waste from Australia, which posed significant environmental and health risks both domestically and internationally. The Act aims to ensure that the export of hazardous waste is managed in a manner that protects human health and the environment, both within Australia and in the countries to which the waste is exported. The Act provides a regulatory framework for the export and import of hazardous waste, including the issuance of export permits subject to specific conditions. The policy objective of the Act is to prevent the transboundary movement of hazardous waste that could lead to detrimental effects on human health or the environment, in line with international agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export of hazardous waste from Australia, governing the process through which such exports are permitted and regulated. This legislation applies to entities involved in the export of hazardous waste, including companies such as Umicore Australia Limited in this instance, and specifies the types of waste, the quantities, and the conditions under which the export may occur. The geographic reach of this Act is national, as it is a Commonwealth Act, but it pertains to international movements of hazardous waste. The Act does not specify exclusions or thresholds within the text, but permits such as AUH16-001 and AUH16-002 illustrate how the Act is applied through subordinate instruments, detailing the specific waste types, quantities, and logistics of the export. The application of the Act is extended through these permits, which must adhere to the conditions set out in the Act and any additional stipulations imposed by the Department of the Environment.
Key Provisions
The main operative sections of the notice (section 33) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 detail the granting of export permits AUH16-001 and AUH16-002 to Umicore Australia Limited. These permits allow for the export of up to 3000 tonnes of crude zinc skimmings and zinc fines to specified recipients in Belgium during the period from 13 May 2015 to 31 October 2017. The permits require that the wastes be packaged in compliance with Dangerous Goods guidelines and exported through designated ports in Australia. The permits also specify that the wastes will undergo a recovery operation in Belgium and detail the recovery operation code, R4, which pertains to the recycling/reclamation of metals and metal compounds.
The obligations imposed by these permits on Umicore Australia Limited include strict adherence to the specified quantities, packaging requirements, and export windows. Umicore must ensure that the wastes are exported only during the permit period and via the designated ports and transit countries. The permits further require that the crude zinc skimmings be processed at the Rezinal NV facility and the zinc fines at the Umicore Zinc Chemicals Belgium NV/SA facility. Any deviation from these requirements could potentially render the export non-compliant with the conditions of the permits.
Breaches of the conditions set out in these permits may result in enforcement actions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The specific penalties for non-compliance are not detailed in the notice, but generally, the Act allows for enforcement actions including fines and, in severe cases, criminal charges. The precise penalties would be determined based on the nature and extent of the breach, but they could potentially include substantial fines and imprisonment for individuals found guilty of serious violations.