NOTICE OF DECISION TO GRANT A 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 9 January 2015, permit AUH403134E was granted to Tox Free Australia Pty Ltd (Toxfree) (ACN 31 127 853 561), 42 Heather Street, Heatherbrae NSW 2324 (Telephone +61 2 4987 7022; Facsimile +61 2 4987 7622).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste lubricating oil (Basel Code A3020);
(b) the quantity of the waste to be imported is a maximum of 500 000 litres;
(c) the waste is to be imported in up to 20 shipments;
(d) each shipment is to follow one or other of two alternate routes :
(i) by sea from Port Moresby direct to Newcastle, NSW, then by land to the facility operated by Toxfree at Heatherbrae, where the waste oil will undergo operation R13 – Accumulation of material; or
(ii) by sea from Port Moresby direct to Brisbane, QLD, then by land to the facility operated by Toxfree at Coopers Plains, where the waste oil will undergo operation R13 – Accumulation of material;
(iii) from Heatherbrae, the waste will be transported by land to the Southern Oil Refinery at 42 Lewington Street, Wagga Wagga, NSW; or
(iii) from Brisbane, the waste will be transported by land to the Northern Oil Refinery at Guerassimoff Road, Yarwun, QLD.
(e) at the Southern Oil Refinery and Northern Oil Refinery facilities, both operated by Southern Oil Refining, the waste oil will undergo operation R9 – Used oil re-refining or other uses of previously used oil; and
(f) the permit expires on 31 October 2015 and all transboundary movements of the waste lubricating oil must be completed by that date.
The permit includes and is subject to conditions.
Peter Brisbane
Acting Assistant Secretary
Waste Policy Branch
9 January 2015
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, 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 the improper management and transboundary movement of hazardous waste. This legislation was introduced to ensure that hazardous waste is managed in an environmentally sound manner, in line with Australia's international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective of the Act is to regulate the import and export of hazardous waste to prevent illegal traffic, protect human health, and safeguard the environment. The granting of a Waigani Import Permit, such as permit AUH403134E to Tox Free Australia Pty Ltd, is one of the mechanisms through which the Act is implemented, ensuring that the import of hazardous waste, such as waste lubricating oil, is conducted in compliance with stringent conditions and oversight.
Scope and Application
The Gazetted notice of the decision to grant a Waigani Import Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Tox Free Australia Pty Ltd (Toxfree), a company incorporated in Australia with an Australian Company Number (ACN). The permit pertains to the importation of hazardous waste, specifically waste lubricating oil, with a maximum quantity of 500,000 litres, to be imported in up to 20 shipments. The geographic scope of the Act is national, as it involves the transboundary movement of hazardous waste into Australia. The permit outlines specific routes for the importation of waste oil, detailing the sea and land transport to designated facilities in Newcastle, Brisbane, Wagga Wagga, and Yarwun. The permit is subject to conditions and expires on 31 October 2015. The legislation allows for judicial review under the Administrative Appeals Tribunal Act 1975, providing avenues for affected parties to seek reasons for the decision or apply for an independent review within specified timeframes.
Key Provisions
The key operative sections of this legislation pertain to the granting of a Waigani Import Permit (Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989) and the conditions attached to the permit. Section 33 provides the legal basis for the grant of the permit, while the permit itself details the specifics of the hazardous waste to be imported, including the type, quantity, and routes of transportation. The permit also specifies the operations that will be performed on the hazardous waste at the receiving facilities, namely accumulation and re-refining. Furthermore, the permit outlines the timeframe within which the import must be completed, which in this case is by 31 October 2015.
The legislation imposes certain obligations and requirements on the parties involved, primarily Tox Free Australia Pty Ltd (Toxfree), which is the entity granted the permit. Toxfree must ensure that the import of the hazardous waste complies with all the conditions specified in the permit. This includes adhering to the specified routes of transportation, the operations to be performed on the waste, and the timeframe within which the import must be completed. Toxfree must also ensure that all transboundary movements of the hazardous waste are completed by the expiry date of the permit, which is 31 October 2015. Failure to comply with these conditions could result in legal consequences.
The legislation also outlines potential consequences for breach of the permit conditions. While the specific penalties for breach are not stated in the notice, the legislation generally provides for both civil and criminal penalties for non-compliance with the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Civil penalties can include fines of up to $66,000 for individuals and $330,000 for corporations, while criminal penalties can include fines of up to $330,000 for individuals and $1.65 million for corporations, as well as imprisonment. Furthermore, the legislation provides for the possibility of an application for reasons for the decision and an application for independent review of the decision.