Notice of Decision to grant Waigani Import Permit (AUH223124E) to Hazmat Services Pty Ltd

Administered by Department of the Environment and Energy

Legislation au C2012G00052 In force Gazette

Legislation content

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  28  September 2012, permit number AUH223124E was granted to Hazmat Services Pty Ltd, (ABN 43 127 055 743) 42 Heather Street, Heatherbrae  NSW  2324

(Telephone + 61 2 4961 1887; Facsimile + 61 2 4969 5887).

The particulars of the permit are as follows:

(a)  the hazardous waste to be imported is waste mineral oil, oil rags and absorbents;

(b)  the quantity of the waste to be imported is a maximum of 450 000 litres of waste mineral oil and a maximum 70 000 kilograms of oil rags and absorbents;

(c)  the waste will be packed and stored in sealed 205 litre steel or polypropylene drums or other suitable receptacles such as 1000 litre Intermediate Bulk Containers (IBCs) and then secured on pallets prior to being loaded into fully enclosed shipping containers;

(d)  the method of transport by which the waste is to be imported in multiple shipments is:

(i) by road from the Total Waste Management Limited facility located at Section 79, Lot 19, Merrie England Road, Korobosea, National Capital District, 131, Papua New Guinea to Port Moresby in Papua New Guinea;

(ii) by sea from Port Moresby in Papua New Guinea, to Newcastle in Australia;

(iii) by road from Newcastle to Hazmat’s facility at 42 Heather Street, Heatherbrae  NSW  2324 for sorting and storage prior to distribution;

(iv) in the case of the waste mineral oil, by road from Hazmat’s facility to Southern Oil Refining Pty Ltd, 42 Lewington Street, Wagga Wagga  NSW  2650 for re-refining;

(v) in the case of rags and absorbents containing free liquids, by road from Hazmat’s facility to Transpacific Technical Services (Transpacific Industries Group), Raven Street, Kooragang  NSW  2304, for recovery for re-refining;

(vi) in the case of rags and absorbents containing no free liquids, by road from Hazmat’s facility to SITA Australia Pty Ltd, 330 Newline Road, Raymond Terrace  NSW  2324 for disposal to landfill;

 (e)  no shipment is authorised under this permit before the date below or after twelve (12) months from the date below; and

 (f)  after the import, the waste is to be disposed of at the above facilities by recovery operation R13 accumulation of material intended for any operation in Section B [of Annex IV of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal]’.

The permit includes and is subject to conditions.

 

 

 

Mr Lee Eeles

Acting 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 by the Parliament of Australia to address the problem of unregulated and potentially harmful transboundary movements of hazardous waste. This legislation was necessary to ensure that Australia's borders were protected from hazardous waste that could pose risks to human health and the environment. The Act seeks to regulate the import and export of hazardous waste, ensuring that such activities are conducted in a manner that safeguards against environmental contamination and public health risks. The enactment of this Act was a policy objective to align Australia's waste management practices with international conventions, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, thereby promoting responsible waste management globally.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to individuals and entities engaged in the export and import of hazardous waste. Specifically, it governs the processes and conditions under which hazardous waste can be imported into Australia, as well as the management and disposal of such waste. This Act covers a range of hazardous waste materials, including waste mineral oil, oil rags, and absorbents, as outlined in the specific permit granted to Hazmat Services Pty Ltd. The Act’s jurisdiction extends nationally, applying to all states and territories within Australia, while also adhering to international conventions such as the Basel Convention. The Act does not specify exclusions but does include provisions for conditions and compliance that must be adhered to by the permit holder, Hazmat Services Pty Ltd, for the import and subsequent handling of hazardous waste. The Act can be further regulated through subordinate instruments, which may impose additional requirements or restrictions.

Key Provisions

Pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, a notice is given that on 28 September 2012, permit number AUH223124E was granted to Hazmat Services Pty Ltd (ABN 43 127 055 743). The permit allows for the import of hazardous waste, specifically waste mineral oil, oil rags, and absorbents, under a number of stringent conditions. The permit permits a maximum of 450,000 litres of waste mineral oil and 70,000 kilograms of oil rags and absorbents to be imported. The waste must be packed and stored in sealed containers such as 205 litre steel or polypropylene drums, or 1000 litre Intermediate Bulk Containers (IBCs), before being secured on pallets and loaded into fully enclosed shipping containers. The waste will be transported by road and sea, with various stages of the journey culminating in the waste being sorted, stored, re-refined, recovered, or disposed of at specific facilities in Australia. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes a number of obligations and requirements on the parties and entities it governs. Hazmat Services Pty Ltd, as the permit holder, must ensure that the import of hazardous waste complies with all conditions set out in the permit. This includes proper packing, storage, and transportation of the waste, as well as adherence to the specified methods and routes. Additionally, the permit holder must ensure that the waste is disposed of in accordance with the permit's conditions, such as through recovery operations at designated facilities. Failure to comply with the permit conditions may result in the permit being revoked, and the waste being subject to further regulatory action. The Act also includes provisions for offences, penalties, and consequences for breach of its provisions. Any person who contravenes the Act, or any condition of an import permit, may be liable to a range of penalties. For example, a person who knowingly or recklessly contravenes a condition of an import permit may be guilty of an offence and liable to a fine of up to 500,000 Australian dollars or imprisonment for up to five years, or both. Additionally, a person who causes or permits the contravention of a permit condition may also be liable to a fine of up to 50,000 Australian dollars or imprisonment for up to one year, or both. Failure to comply with the Act and its associated permit conditions may also result in civil or criminal consequences, such as legal action or prosecution by the relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.