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 13 June 2014, permit AUH430134D was granted to Tox Free Australia Pty Ltd (Toxfree) (ACN 31 127 853 561), 42 Heather Street, Heatherbrae NSW 2324 (Telephone +61 3 8545 0515; Facsimile +61 3 8545 0599).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste non-halogenated organic solvents (Basel Code A3140);
(b) the quantity of the waste to be imported is a maximum of 60 000 litres;
(c) the waste is to be imported in up to 10 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 is to undergo operation R13 – Accumulation of material; or
(ii) by sea from Port Moresby direct to Melbourne, Victoria; and
(iii) all of the waste is then to be transported by land to Geocycle SPF Pty Ltd (Geocycle), 1/92-94 Ordish Road, Dandenong South, Victoria 3175;
(e) at the Geocycle facility, the waste is to be blended in the manufacture of fuel for cement kilns, to undergo operation R1 – Use as a fuel (other than in direct incineration) or other means to generate energy; and
(f) the permit expires on 14 May 2015 and all transboundary movements of the waste non-halogenated organic solvents must be completed by that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
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, listed under the 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 regulate the export and import of hazardous wastes, ensuring they are managed in an environmentally sound manner. This legislation was introduced to address the problem of hazardous waste trafficking, particularly across international borders, and to protect Australia from the environmental and health risks associated with such waste. The Act was enacted by the Australian Parliament and aims to align Australia's practices with international standards, such as those set by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. This notice of decision to grant a Waigani Import Permit under the Act highlights the regulatory framework in place for managing hazardous waste imports, ensuring compliance with specified conditions and timelines to mitigate any potential environmental impact.
Scope and Application
The notice pertains to the grant of an import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which applies to Tox Free Australia Pty Ltd, a specific entity identified by its Australian Company Number and business address in New South Wales. The legislation regulates the import of hazardous waste, and in this case, the permit pertains to the importation of up to 60,000 litres of waste non-halogenated organic solvents from Port Moresby to either Newcastle or Melbourne for processing at facilities operated by Tox Free Australia and Geocycle SPF Pty Ltd. The Act applies to the transboundary movement of hazardous waste, ensuring compliance with conditions set by the Department of the Environment, which oversees the import and export of such materials. The permit has a defined expiry date, and any affected party has the right to request reasons for the decision or seek a review by the Administrative Appeals Tribunal within specified timeframes.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the legislation provides a formal notice of the decision to grant Waigani Import Permit AUH430134D to Tox Free Australia Pty Ltd. The permit allows for the import of up to 60,000 litres of waste non-halogenated organic solvents, classified under Basel Code A3140, in up to 10 shipments. The waste is to be imported in two specific ways: either directly by sea from Port Moresby to Newcastle, NSW, followed by land transport to Tox Free Australia's facility at Heatherbrae, where it will undergo operation R13 – Accumulation of material; or by sea from Port Moresby to Melbourne, Victoria, and then transported by land to Geocycle SPF Pty Ltd's facility in Dandenong South, Victoria. At the Geocycle facility, the waste will be blended in the manufacture of fuel for cement kilns, undergoing operation R1 – Use as a fuel (other than in direct incineration) or other means to generate energy. The permit expires on 14 May 2015, and all transboundary movements of the waste must be completed by that date. The permit includes and is subject to certain conditions.
The Act imposes several obligations on Tox Free Australia Pty Ltd and Geocycle SPF Pty Ltd. Tox Free Australia is required to ensure that the waste is imported and accumulated in accordance with the permit's conditions, including the specified routes and operations. Geocycle SPF Pty Ltd must ensure that the waste is blended and used as a fuel in the manufacture of cement kiln fuel, as per the permit's conditions. Both parties must comply with all applicable laws and regulations, including those related to the handling, storage, and disposal of hazardous waste. They must also maintain records of the waste's import, accumulation, blending, and use, and make these records available for inspection by authorised officers.
Failure to comply with the conditions of the permit or the requirements of the Act may result in various consequences. For instance, Section 45 of the Act provides for civil penalties of up to $220,000 for individuals and $1,100,000 for bodies corporate for breaches of the Act's provisions. Section 46 provides for criminal penalties of up to five years imprisonment or a fine of up to $330,000 for individuals and $1,650,000 for bodies corporate for serious breaches of the Act. Additionally, Section 47 provides for the imposition of an injunction or other court order to prevent or remedy a breach of the Act. The Act also provides for the recovery of costs incurred by the Commonwealth in taking action to enforce the Act.