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 AUH396124I 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 oil filters (Basel Code A3020);
(b) the quantity of the waste to be imported is a maximum of 75 000 kilograms;
(c) the waste is to be imported in up to 6 shipments:
(i) by sea from Port Moresby to Newcastle, NSW; and
(ii) then by land to the facility operated by Transpacific Technical Services, 19 Egret Street, Kooragang, NSW 2304;
(d) at that facility, the waste is to undergo operation R13 – Accumulation of material, followed by separation of the waste oil and filters;
(e) all of the waste oil is to be forwarded to the facility of Transpacific Refiners Pty Ltd at 11 Kyle Street, Rutherford, NSW 2320, to undergo operation R9 – Used oil re-refining;
(f) all of the oil filters are to be forwarded to the facility of Sims Group Limited at Cormorant Road, Kooragang Island, NSW 2304, to undergo operation R4 – Recycling/reclamation of metals and metal compounds; and
(e) the permit expires on 31 December 2014 and all transboundary movements of the used oil filters 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 by the Parliament of Australia to address the problem of the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner. The policy objective of the Act is to control the export and import of hazardous waste in a way that protects human health and the environment from the potential risks associated with such waste. The Act provides a framework for the regulation of the movement of hazardous waste, including the granting of import permits subject to specific conditions, to ensure that the waste is treated and disposed of in a manner that minimises environmental impact. The notice of decision to grant a Waigani Import Permit under this Act for waste oil filters to be imported by Hazmat Services Pty Ltd highlights the practical application of the legislation in managing the importation of specific hazardous waste types.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste across Australia's borders, ensuring that such activities are managed in a way that protects human health and the environment from the potential risks associated with hazardous waste. The Act applies to any person or entity involved in the import or export of hazardous waste, including waste oil filters as specified in the Waigani Import Permit granted to Hazmat Services Pty Ltd. The permit, which is subject to specific conditions, allows for the importation of up to 75,000 kilograms of waste oil filters from Port Moresby to Newcastle, NSW, and subsequent transportation to facilities for specific waste treatment operations. The geographic scope of the Act is national, encompassing all states and territories within Australia. Exclusions and exemptions are defined within the Act and can be further detailed in subordinate instruments, which may provide additional regulations or clarifications on the types of waste, processes, and conditions applicable to the import and export activities.
Key Provisions
The main operative sections of the legislation, as outlined in the notice, concern the grant of an import permit for hazardous waste, specifically waste oil filters, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of this Act mandates the publication of such decisions to provide transparency and allow interested parties to seek clarification or review the decision. In this case, permit number AUH396124I was granted to Hazmat Services Pty Ltd, allowing the import of up to 75,000 kilograms of waste oil filters in six shipments, with specific conditions attached to the permit. These conditions include the transportation of the waste by sea from Port Moresby to Newcastle, NSW, and then by land to designated facilities for processing.
The obligations imposed on Hazmat Services Pty Ltd by this Act include adherence to the conditions stipulated in the permit, which detail the handling, transportation, and processing of the waste oil filters. They must ensure that all transboundary movements are completed by the permit's expiry date of 31 December 2014. Additionally, Hazmat Services must comply with the operations outlined, such as the accumulation of material and separation of the waste oil and filters at the Transpacific Technical Services facility, and the forwarding of the separated components to Transpacific Refiners Pty Ltd and Sims Group Limited for further processing.
Breach of any conditions specified in the import permit may result in civil or criminal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, non-compliance with the conditions of an import permit can lead to enforcement actions by the Department of the Environment. In the case of serious violations, this may include fines and other penalties. The maximum penalties for breaches of hazardous waste regulations can be significant, reflecting the importance of adhering to environmental protection laws. Affected parties have the right to request reasons for the decision and may seek a review by the Administrative Appeals Tribunal if they believe the permit conditions have been improperly applied or enforced.