NOTICE OF DECISION TO GRANT WAIGANI 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 12 August 2013, permit number AUH132074T was granted to the
Australian Government Department of Defence (Defence)(telephone + 61 2 6128 4438;
Facsimile + 61 2 6128 4076).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste lithium sulphur dioxide and lithium manganese dioxide type batteries;
(b) the quantity of the waste to be imported is a maximum of 1656 kilograms;
(c) the method of transport by which the waste batteries are to be imported in one shipment is:
(i) by sea from the port of Honiara in the Solomon Islands to the port of Brisbane in Australia;
(ii) by road from the port of Brisbane to the defence Joint logistic unit – South Queensland (JLU-SQ), Damascus Barracks, Sugarmill Road, Meeandah, Qld 4008;;
(d) the waste batteries are to be stored at the JLU-SQ for operation R13 – accumulation of material;
(e) a Defence contractor will arrange for the export of the waste batteries under permit to undergo recovery operation R4 – recycling/reclamation of metals and metal compounds; and
(f) no shipment is authorized under this permit before the date above or after 8 September 2013.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
Department of Sustainability, Environment, Water, Population and Communities
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 Sustainability, Environment, Water, Population and Communities 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 information or enquiries should be directed to:
Director, NPI & Hazardous Waste Section
Department of Sustainability, Environment, Water, Population and Communities
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 to establish a regulatory framework governing the export and import of hazardous waste in Australia. The Act was introduced to address the problem of improper disposal and management of hazardous waste, which could pose significant risks to human health and the environment. The Act aims to ensure that hazardous waste is managed in a way that protects public health and the environment, both domestically and internationally. The policy objective of the Act is to regulate the transboundary movement of hazardous waste and other wastes, ensuring that such movements are carried out in a manner that is safe for human health and the environment. The enactment of this Act by the Parliament of Australia reflects a commitment to stringent oversight and regulation of hazardous waste activities to prevent environmental degradation and protect public health.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the import and export of hazardous waste in Australia, ensuring that these activities are conducted in a manner that protects human health and the environment. The Act applies to any person or entity involved in the import or export of hazardous waste, including the Australian Government Department of Defence, as demonstrated in the notice regarding the Waigani Import Permit. The permit specifically applies to the importation of hazardous waste, namely waste lithium sulphur dioxide and lithium manganese dioxide type batteries, up to a maximum of 1656 kilograms, transported by sea and road to a designated storage location in Queensland, and then arranged for export to undergo recycling or reclamation. The Act’s jurisdiction covers the entire Commonwealth of Australia, including its territories, ensuring a unified regulatory approach to hazardous waste management across the nation. The permit includes conditions that must be adhered to, and the Act allows for review and appeal processes, providing avenues for those affected by permit decisions to seek clarification or contest the permit’s terms.
Key Provisions
The main operative sections of this legislation (Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989) involve the grant of a Waigani import permit (AUH132074T) to the Australian Government Department of Defence. This permit allows the importation of a specific type of hazardous waste, namely waste lithium sulphur dioxide and lithium manganese dioxide type batteries, up to a maximum of 1656 kilograms. The importation is to be conducted by sea from Honiara, Solomon Islands, to Brisbane, Australia, followed by road transport to the Defence Joint logistic unit – South Queensland (JLU-SQ) in Meeandah, Queensland. The waste is to be stored at JLU-SQ for the accumulation of material, and subsequently, a Defence contractor will arrange for its export under permit to undergo recycling/reclamation of metals and metal compounds. This shipment is authorised only between 12 August 2013 and 8 September 2013.
The Act imposes specific obligations on the parties involved. The Australian Government Department of Defence must ensure that the importation and storage of the hazardous waste adhere to the conditions set out in the permit. This includes the transportation of the waste from Honiara to Brisbane by sea, followed by road transport to JLU-SQ. The Department must also ensure that the waste is stored appropriately at JLU-SQ and that it is subsequently exported for recycling/reclamation by a Defence contractor within the specified timeframe. The Defence contractor is responsible for the export process, ensuring it complies with the permit's conditions and timelines.
Failure to comply with the conditions of the permit may result in legal consequences. The Act does not explicitly state the penalties for breach, but breaches of environmental and hazardous waste legislation can typically lead to significant fines and imprisonment under Australian law. In cases where the breach is severe or repeated, penalties can be substantial, reflecting the seriousness of mishandling hazardous waste. Additionally, any party found in breach of the permit conditions may also face civil liability for any damage caused by the breach, including remediation costs and compensation for affected parties.