Notice of Decision to grant Waigani Import Permit (AUH352124Z) to the Hazmat Services Pty Ltd

Administered by Department of the Environment and Energy

Legislation au C2013G01340 In force Gazette

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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 6 September 2013, permit number AUH352124Z 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;

(b)  the quantity of the waste to be imported is a maximum of 500 000 litres; 

(c)  at all times involving transfer and transportation, the waste must be packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’;

 (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 Allotment 32, Section 140, Walter Bay Industrial Center, Scratcheley Road, Badili, National Capital District to Port Moresby in Papua New Guinea;

(ii) by sea from Port Moresby to Newcastle NSW and then by road to a transfer station operated by Southern Oil Refining Pty Ltd (Southern Oil) at 11 Kurrajong Road, North St Marys NSW 2760; and

(iv) then by road to Southern Oil’s refinery at 42 Lewington Street, Wagga Wagga  NSW 2650; 

 (e)  no shipment is authorised under this permit before 15 September 2013 or after 14 September 2014; and

 (f)  after the import, the waste is to be disposed of at the above facility by recovery operation R9 – Used oil re-refining. 

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 by the Australian Parliament to address the need for stringent regulation of hazardous waste exports and imports. The Act aims to prevent the uncontrolled movement of hazardous waste and its by-products, thus protecting the environment and public health. It provides a framework for the control of hazardous waste exports and imports through the issuance of import and export permits, ensuring that such activities are conducted in a manner that minimises environmental harm and risk to human health. The Act was designed to align with international obligations and best practices in hazardous waste management, thereby enhancing Australia's capacity to manage and regulate the transboundary movement of hazardous waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities involved in the export and import of hazardous waste within Australia, and specifically governs the conditions under which such activities can be conducted. The Act encompasses businesses and individuals who engage in the import or export of hazardous waste, ensuring that such activities adhere to strict regulatory standards aimed at protecting human health and the environment. The geographic reach of the Act is national, applying to all states and territories within Australia, and it extends to activities conducted outside Australia's borders that involve Australian entities. The Act does not specify particular exclusions or exemptions, but it allows for conditions to be imposed on permits, such as those outlined in the gazetted notice for the Waigani Import Permit granted to Hazmat Services Pty Ltd. The permit, subject to the conditions outlined in the Act, specifies the type and quantity of hazardous waste to be imported, the method of transport, and the timeframes for shipment, all of which are subject to stringent regulatory compliance. Subordinate instruments may further detail specific requirements or extend the application of the Act to additional circumstances or categories of hazardous waste.

Key Provisions

The main operative sections of the legislation involve the granting of a Waigani Import Permit for hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act provides for the granting of such permits, and this particular notice (sections (a) to (f)) outlines the specifics of permit number AUH352124Z granted to Hazmat Services Pty Ltd. The permit allows for the importation of a maximum of 500,000 litres of waste mineral oil, with specific conditions governing the packing, transportation, and disposal of the waste. The waste must adhere to United Nations guidelines for the transport of dangerous goods and be imported in multiple shipments via road and sea, culminating at Southern Oil Refining Pty Ltd's refinery in Wagga Wagga, NSW, for disposal by used oil re-refining. The obligations imposed by the Act on Hazmat Services Pty Ltd and other involved parties are stringent. They must ensure that the hazardous waste is transported according to the United Nations Committee of Experts on the Transport of Dangerous Goods’ Recommendations on the Transport of Dangerous Goods. Furthermore, the waste must be imported within the specified timeframe of 15 September 2013 to 14 September 2014. After importation, the waste must be disposed of at the designated facility using the specified recovery operation R9 – Used oil re-refining. Compliance with these conditions is mandatory to maintain the validity of the permit. Failure to comply with the conditions of the permit or the provisions of the Act may result in serious consequences. Breaches of the permit conditions could lead to revocation of the permit, fines, or other penalties as prescribed by the Hazardous Waste (Regulation of Exports and Imports) Regulations 1990. For instance, knowingly transporting hazardous waste in violation of the United Nations transport guidelines could result in hefty fines. The exact penalties for breaches are outlined in the relevant regulations, but they can include substantial financial penalties and, in severe cases, criminal charges. It is imperative for Hazmat Services Pty Ltd and other involved parties to adhere strictly to the conditions to avoid these repercussions.

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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.