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 4 April 2013, permit number AUH249111N was granted to Geocycle SBF Pty Ltd (Geocycle), (ABN 85 072 838 209) 92 Ordish Road, Dandenong Victoria 3175
(Telephone + 61 402 791 245; Facsimile + 61 7 3335 3227).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is paint and solvent waste;
(b) the quantity of the waste to be imported is a maximum of 14 700 kilograms;
(c) the waste will be packed and stored in sealed drums 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 Akzo Nobel PNG Limited facility located at Cnr Vakari, Taruimana Avenue, Gerehu Stage 6, National Capital District to Port Moresby in Papua
New Guinea;
(ii) by sea from Port Moresby, to the port of Melbourne in Australia;
(iii) by road from the port of Melbourne to Geocycle’s facility at 92 Ordish Road, Dandenong Victoria 3175;
(e) no shipment is authorised under this permit before the date below or after 25 August 2013; and
(f) after the import, the waste is to be disposed of at the above facility by recovery operations, namely R1 ‘Use as a fuel (other than direct incineration) or other means to generate energy’.
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 provide for the regulation of the export and import of hazardous waste, and for related purposes. This Act was introduced to address the problem of managing hazardous waste and ensuring that such waste is handled, transported, and disposed of in a manner that protects human health and the environment. The Act was enacted by the Parliament of Australia, with the aim of controlling the movement of hazardous waste across international borders to prevent illegal dumping and to ensure that any hazardous waste imported into Australia is managed in an environmentally sound manner. The policy objective of the Act is to regulate the export and import of hazardous waste in a way that minimises risks to human health and the environment, while also ensuring that Australia's obligations under international agreements are met.
Scope and Application
The notice pertains to the granting of a Waigani Import Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This Act applies to any entity or individual involved in the import or export of hazardous waste, and specifically covers the conduct and transactions associated with such activities. The geographic scope of the Act extends to the Commonwealth level, applying across Australia and its territories. The permit granted to Geocycle SBF Pty Ltd, with ABN 85 072 838 209, pertains to the importation of paint and solvent waste from Papua New Guinea to Australia, with a maximum quantity of 14,700 kilograms. The permit outlines stringent conditions for the packing, transport, and storage of the hazardous waste, including the method of transport from Papua New Guinea to Melbourne and finally to Geocycle's facility in Dandenong, Victoria. The permit is effective from the date of issuance until 25 August 2013, and post-importation, the waste must be disposed of through recovery operations. The Act allows for appeals and reviews under the Administrative Appeals Tribunal Act 1975, providing avenues for those affected by the decision to seek clarification or challenge the permit conditions.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the granting of a Waigani Import Permit for hazardous waste imports, with specific details outlined in the notice (section 33(1)). The notice indicates that permit number AUH249111N was issued to Geocycle SBF Pty Ltd for the import of up to 14,700 kilograms of paint and solvent waste, with strict packaging, transport, and disposal conditions. The waste must be packed in sealed drums and secured on pallets, then loaded into fully enclosed shipping containers, transported by road and sea, and finally disposed of by recovery operations at Geocycle's facility. The permit is valid from a specified date until 25 August 2013, and no shipments are authorised outside this timeframe (section 33(2)). The permit also includes conditions that must be adhered to by Geocycle.
Under the Act, Geocycle is required to comply with all conditions specified in the Waigani Import Permit. This includes ensuring the hazardous waste is packed, transported, and stored in accordance with the permit's stipulations, and that the waste is disposed of through recovery operations as outlined. Failure to comply with any condition of the permit could lead to the permit being revoked or not renewed in the future. Geocycle must also maintain records of the import and disposal processes to demonstrate compliance with the Act and the permit conditions (section 33(4)).
Breaches of the conditions set out in the Waigani Import Permit or any other obligations under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant consequences. For instance, if Geocycle fails to adhere to the packaging, transport, or disposal conditions, they could face enforcement action under the Act. This might include fines, prosecution, and potential civil or criminal penalties. The maximum penalty for contravening the Act can be substantial, including fines of up to $210,000 for individuals and $1,050,000 for corporations, as well as imprisonment terms (section 59). Additionally, non-compliance could result in the revocation of future permits and damage to the company's reputation.