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 18 February 2014, permit number AUH312124L was granted to Hazmat Services Pty Ltd (Hazmat) (ACN 43 127 055 743), 1st Floor, 17 Gipps Street, Carrington, NSW 2294 (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 oxidisers (Basel Code A4140);
(b) the quantity of the waste to be imported is a maximum of 10 000 kilograms;
(c) the waste is to be imported in up to 6 shipments:
(i) by sea from Port Moresby to Melbourne, Victoria; and
(ii) then by land to the facility operated by Toxfree Solutions (Toxfree), 83 Dohertys
Road, Laverton North, VIC 3026;
(d) at that facility, all of the waste is to undergo operation D9 – Physico-chemical treatment not specified elsewhere; and
(e) the permit expires on 14 January 2015 and all transboundary movements of the waste oxidisers must be completed by that date.
The permit includes and is subject to conditions.
Dane Roberts
Acting 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. Telephone 1800 803 772; Facsimile (02) 6274 1164; E-mail hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control and regulation of hazardous waste movements across international borders, with a focus on preventing the export of hazardous waste to countries with less stringent environmental protection laws. This legislation was introduced by the Parliament of Australia to safeguard the nation's environment and public health from the potential dangers associated with hazardous waste. The policy objective of the Act is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment, both domestically and internationally, by implementing a robust permit system for the export and import of hazardous waste. The Act aims to align Australia's practices with international conventions, such as the Basel Convention, to effectively regulate and control hazardous waste movements.
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 or into Australia, including the issuance of import permits for such waste. The Act is a Commonwealth legislation that imposes controls on the transboundary movement of hazardous wastes to ensure they are managed in an environmentally sound manner. The permit granted to Hazmat Services Pty Ltd under this Act specifies the import of waste oxidisers, limited to a maximum of 10,000 kilograms, to be shipped from Port Moresby to Melbourne and subsequently transported to a facility in Laverton North, Victoria. The permit, numbered AUH312124L, includes specific conditions that must be adhered to, and it expires on 14 January 2015, after which no further transboundary movements of the waste are permitted. The application process and review mechanisms for such permits are outlined within the Act, with avenues for seeking reasons for a decision and applying for independent review through the Administrative Appeals Tribunal.
Key Provisions
The notice under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs of the grant of permit number AUH312124L to Hazmat Services Pty Ltd, a company based in Carrington, NSW. This permit allows for the import of a specific type of hazardous waste: waste oxidisers, classified under Basel Code A4140. The total quantity permitted for import is capped at 10,000 kilograms, and it can be imported in up to six shipments. The first leg of the journey is by sea from Port Moresby to Melbourne, Victoria, and then by land to a facility operated by Toxfree Solutions in Laverton North, VIC. Once at the Toxfree facility, the waste is to undergo a specific treatment process, operation D9 – physico-chemical treatment not specified elsewhere. The permit is set to expire on 14 January 2015, and all transboundary movements of the waste oxidisers must be completed by that date.
Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on Hazmat Services Pty Ltd, the permit holder. Firstly, Hazmat must adhere strictly to the quantity limits and shipment details specified in the permit. Secondly, the waste must only be imported through the routes and to the facility mentioned in the permit. Additionally, Hazmat must ensure that the waste undergoes the specified treatment process at the Toxfree facility. The permit also includes and is subject to conditions, which Hazmat must comply with. Failure to meet these conditions can lead to the revocation of the permit and potential legal consequences.
Breach of the provisions outlined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various civil or criminal consequences. If Hazmat Services Pty Ltd fails to comply with the permit conditions or exceeds the specified limits, they may face fines, penalties, or even imprisonment. The specific penalties for breaches are not detailed in the notice, but they can be severe given the hazardous nature of the waste involved. Additionally, any party found to be in violation of the Act could face legal action, including court proceedings that could result in further fines or penalties. It is crucial for Hazmat Services Pty Ltd to strictly adhere to the permit conditions to avoid any adverse outcomes.