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 24 March 2014, permit number AUH1370111A was granted to Geocycle SBF Pty Limited (ABN 85 072 838 209), 92 Ordish Raod, Dandenong, VIC 3175 (Telephone + 61 4 0279 1245; Facsimile + 61 7 3335 3227).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste paint (Basel Code A4070);
(b) the quantity of the waste to be imported is a maximum of 13 000 kilograms in one (1) shipment;
(c) the waste is to be imported by sea from Port Moresby directly to Melbourne, Victoria and then travel by land to the facility operated by Geocycle, 92 Ordish Raod, Dandenong, VIC 3175;
(d) the waste is to be disposed of at the facility by recovery operation R1 – Use as a fuel or other means to generate energy; and
(e) no shipment is authorised before the date above or after 4 March 2015.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
Department of the Environment
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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the need for stringent control over the importation of hazardous waste, ensuring it is managed in a manner that protects human health and the environment. This legislation was introduced to fill the legislative gap in effectively regulating the transboundary movement of hazardous waste into Australia, aligning with international protocols such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective of the Act is to prevent the illegal traffic of hazardous waste and ensure that such waste is treated in a manner that minimises the risk to human health and the environment. The Act empowers the Minister to grant import permits subject to specific conditions that must be adhered to by the permit holder.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia. The legislation sets out the requirements for obtaining an import permit for hazardous waste and establishes the conditions under which such waste can be imported, ensuring that it is managed in an environmentally sound manner. The Act applies to all hazardous waste that is subject to the Basel Convention, including waste paint, which is specified in this particular permit as waste paint (Basel Code A4070). The permit granted under this Act to Geocycle SBF Pty Limited pertains to the importation of up to 13,000 kilograms of waste paint from Port Moresby to Melbourne, Victoria, and subsequent disposal at their facility through a recovery operation. This legislation operates on a national level, with the Commonwealth Government having the authority to regulate and permit the import of hazardous waste. The Act allows for the extension of its application through subordinate instruments, such as permits and conditions, as evidenced by the specific terms and conditions outlined in the permit for Geocycle SBF Pty Limited. There are no exclusions or exemptions specified in this notice, though the permit itself is subject to various conditions that must be adhered to by the permit holder.
Key Provisions
The main operative sections of the document are those that outline the specifics of the permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act allows for the notification of decisions regarding import permits for hazardous waste. This particular notification pertains to permit number AUH1370111A, granted to Geocycle SBF Pty Limited. The permit specifies the type and quantity of hazardous waste to be imported, the route and method of transportation, the location for disposal, and the timeframe for shipment. In this case, the permit allows for the importation of up to 13,000 kilograms of waste paint (Basel Code A4070) from Port Moresby to Melbourne, Victoria, to be disposed of by recovery operation R1 – Use as a fuel or other means to generate energy.
The obligations and requirements imposed by the Act on the parties involved are stringent. Geocycle SBF Pty Limited, as the permit holder, must adhere to the conditions outlined in the permit. This includes ensuring that the waste is transported and disposed of according to the specified methods and locations. The company must also ensure that no shipment of waste occurs before the permit's effective date of 24 March 2014 or after the expiry date of 4 March 2015. Additionally, the permit is subject to conditions that may include specific environmental and safety measures to mitigate any risks associated with the importation and disposal of hazardous waste.
Failure to comply with the provisions of the Act or the conditions of the permit can result in significant legal consequences. Breaches of the Act may lead to civil or criminal penalties. The exact penalties depend on the severity and nature of the breach. For example, knowingly making a false statement in relation to the import of hazardous waste can result in a fine of up to $275,000 for an individual or $1.375 million for a corporation, as per section 32 of the Act. Additionally, the Act empowers the Department of the Environment to take enforcement actions, which may include the revocation of permits, issuance of compliance notices, or legal proceedings to ensure adherence to the regulatory framework. The potential penalties underscore the importance of strict compliance with the Act’s provisions and the permit conditions.