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 July 2015, permit AUS15-011 was granted to Toxfree Australia Pty Ltd (Toxfree) (ACN 127 853 561), 42 Heather Street, Heatherbrae, NSW 2324 (Telephone +61 2 4987 7022; Facsimile +61 2 4987 7622).
The particulars of the permits are as follows:
(a) the hazardous waste to be imported is waste oxidisers (Basel Code A4140);
(b) the quantity of waste oxidisers to be imported is a maximum of 10 000 kilograms;
(c) the waste oxidisers are to be imported in up to 6 shipments:
(i) by sea from Port Moresby direct to Melbourne, VIC; and
(ii) then by land to the facility operated by Toxfree Solutions Ltd at 83 Dohertys Road, Laverton North, VIC 3026;
(d) at that facility, the waste is to undergo operation D9 – physico-chemical treatment; and
(e) the permit expires on 30 June 2016 and all transboundary movements of the waste oxidisers must be completed by that date.
The permit includes and is subject to conditions.
Paul Kesby
Acting Assistant Secretary
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; email hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issues associated with the transboundary movement of hazardous waste, aiming to protect human health and the environment from potential harm. The Act empowers the Australian Government to regulate the import and export of hazardous waste, ensuring that such activities are conducted in a manner that minimises risks. This legislation was introduced by the Parliament of Australia, with a clear policy objective of controlling the import of hazardous waste in a way that aligns with international obligations, such as those under the Basel Convention. The Act establishes a permit system to oversee and manage the import of hazardous materials, ensuring that all activities are conducted under stringent conditions designed to protect public health and the environment.
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, particularly focusing on the regulation and control of such activities within Australia. This Act governs the importation of hazardous waste by imposing stringent requirements and controls, including the need for permits such as the one granted to Toxfree Australia Pty Ltd. The permit issued under this Act is specific to the import of waste oxidisers, limited to a maximum quantity of 10,000 kilograms, to be transported by sea and land to a designated facility in Victoria. The legislation also mandates conditions for the treatment of the waste and sets a clear expiry date for the permit, ensuring compliance with national environmental standards and international obligations. The Act's jurisdiction spans the entire Commonwealth of Australia, with the enforcement and administration overseen by the Department of the Environment, which can also be subject to review by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975. The permit conditions and requirements are subject to change through subordinate instruments, allowing for flexibility and adaptation to emerging environmental and safety concerns.
Key Provisions
The main sections of this legislation are Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which provides the authority for granting the Waigani import permit to Toxfree Australia Pty Ltd. The permit, numbered AUS15-011, allows for the importation of a specific type and quantity of hazardous waste – waste oxidisers, coded as Basel Code A4140 – with a maximum total weight of 10,000 kilograms, to be transported in up to six shipments. The waste is to be imported by sea from Port Moresby to Melbourne, Victoria, and then transported by land to Toxfree Solutions Ltd’s facility in Laverton North, Victoria, where it will undergo physico-chemical treatment as operation D9. The permit is valid until 30 June 2016, after which all transboundary movements of the waste must be completed.
The obligations and requirements imposed by this Act on Toxfree Australia Pty Ltd include adhering strictly to the terms and conditions of the permit, ensuring that all shipments of hazardous waste are transported as specified, and completing the designated treatment process at the facility within the timeframe stipulated. The permit is conditional and must be complied with to avoid any legal repercussions. Any deviation from the conditions of the permit without proper authorisation could result in legal action.
Breach of the conditions of this permit may result in civil or criminal consequences, depending on the nature and severity of the breach. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the penalties for non-compliance can include fines, imprisonment, or both, depending on the specific breach. The maximum penalties for offences under this Act can vary, but they are substantial, reflecting the potential environmental and public health risks associated with hazardous waste. The exact penalties are not specified in the notice, but they are likely to be severe given the hazardous nature of the waste involved.