Notice of Decision to grant Waigani Import Permit (AUH148405V) to NQ Resource Recovery Pty Ltd to import waste oil from Papua New Guinea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste within Australia. This Act was developed to mitigate the environmental and health risks associated with the transboundary movement of hazardous waste, ensuring that such activities are conducted in a manner that protects public health and the environment. The Act is administered by the Australian Government through the Department of the Environment, and its overarching policy objective is to regulate hazardous waste movements to prevent illegal trafficking and improper disposal. The legislation enables the issuance of import permits under specific conditions, ensuring that hazardous waste is managed responsibly and in compliance with international standards such as the Basel Convention.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the transboundary movement of hazardous waste within Australia, ensuring that such activities are conducted in a manner that safeguards human health and the environment. Specifically, this legislation governs the importation of hazardous waste, including waste lubricating oil, as exemplified by the permit granted to NQ Resource Recovery Pty Ltd. This permit allows the company to import up to 250,000 litres of waste lubricating oil from Port Moresby to Townsville, with further transportation to their facility in Bohle, Queensland. The permit, which expires on 29 February 2016, is subject to conditions that must be adhered to, ensuring compliance with the Dangerous Goods guidelines and other regulatory requirements. The jurisdictional reach of this Act is national, as it is a Commonwealth Act, and it does not specify any exclusions or exemptions beyond those outlined in the permit conditions. Any further details or extensions of the Act's application are managed through subordinate instruments and regulations.

Key Provisions

The notice of decision (Gazette: C2015G00923) indicates that permit number AUH148405V was granted to NQ Resource Recovery Pty Ltd (ACN 057 294 265), allowing them to import hazardous waste lubricating oil (Basel Code A3020) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). The permit specifies that a maximum of 250,000 litres of waste will be imported, packaged in isotainers, Intermediate Bulk Containers (IBCs), and 200-litre drums, in compliance with Dangerous Goods guidelines. The waste will be shipped from Port Moresby to Townsville, QLD, via up to four shipments, and then transported by land to the NQRR facility in Bohle, QLD. The waste will be disposed of through operation R9, which involves the re-refining or other uses of the used oil. The permit expires on 29 February 2016, and all transboundary movements of the waste must be completed by this date. The permit is subject to conditions as outlined in the legislation. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, NQ Resource Recovery Pty Ltd must adhere to several obligations and requirements. Firstly, they must ensure that the waste lubricating oil is imported in compliance with the permit conditions, including the specified quantity and packaging methods. Secondly, they must adhere to the transportation guidelines, ensuring the waste is shipped from Port Moresby to Townsville and then transported to the Bohle facility in compliance with the Dangerous Goods guidelines. Thirdly, they must ensure that the waste is disposed of through operation R9, as stated in the permit. Finally, all transboundary movements of the waste must be completed by the expiry date of the permit, 29 February 2016. Failure to comply with these obligations may result in legal consequences. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several potential consequences for breach of its provisions. Firstly, any person or entity whose interests are affected by the decision to grant the permit may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision (Administrative Appeals Tribunal Act 1975). Secondly, 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. Failure to comply with the conditions of the permit or the provisions of the Act may result in civil or criminal penalties, depending on the severity of the breach. The specific penalties are not outlined in the notice, but they may include fines, imprisonment, or both, as prescribed by the relevant legislation.