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 9 July 2015, permit AUS15-012 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 permit is as follows:
(a) the hazardous waste to be imported is waste resins (Basel Code A3050);
(b) the quantity of waste resins to be imported is a maximum of 50 000 litres;
(c) the waste resins are to be imported in up to 10 shipments:
(i) by sea from Port Moresby direct to Newcastle, NSW or Sydney, NSW; and
(ii) then by land to the facility operated by Toxfree Solutions Ltd at 42 Heather Street, Heatherbrae, NSW 2324;
(d) at that facility, the wastes are to undergo operation R13 – Accumulation of material;
(e) all of the waste resins are to be forwarded to the facility of Geocycle SPF Pty Ltd, 1/92-94 Ordish Road, Dandenong South, VIC 3175, to be blended in the manufacture of fuel used in cement kilns, undergoing operation R1 - Use as a fuel (other than in direct incineration); and
(f) the permit expires on 30 June 2016 and all transboundary movements of the waste resins 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 by the Parliament of Australia to address the problem of the transboundary movement of hazardous waste, ensuring that such movements are managed in a way that protects human health and the environment. The Act aims to regulate the import and export of hazardous waste, ensuring that any such movements are conducted under strict conditions and oversight. This was achieved by establishing a permit system for the import and export of hazardous waste, thereby providing a framework for the control and monitoring of hazardous waste movements to and from Australia. The policy objective of the Act is to prevent or minimise the generation of hazardous waste and the transboundary movement of hazardous waste, particularly to and from developing countries and countries in the process of transition to a market economy, in a manner consistent with the sound environmental management of hazardous wastes.
Scope and Application
The notice of decision to grant Waigani Import Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Toxfree Australia Pty Ltd, a corporation registered under the Corporations Act 2001 (Cth) with ACN 127 853 561. The permit pertains to the importation of hazardous waste, specifically waste resins identified under Basel Code A3050, with a maximum quantity of 50,000 litres to be imported in up to 10 shipments. The import pathway involves a maritime journey from Port Moresby to either Newcastle or Sydney, NSW, followed by land transport to Toxfree Solutions Ltd's facility in Heatherbrae, NSW. There, the waste resins will undergo accumulation, before being forwarded to Geocycle SPF Pty Ltd's facility in Dandenong South, VIC, for blending in the manufacture of fuel used in cement kilns. The geographic and jurisdictional reach of this Act is national, operating under the Commonwealth of Australia, with the permit being subject to specific conditions and the overarching regulatory framework set by the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit expires on 30 June 2016, mandating the completion of all transboundary movements of the waste resins by that date.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, a permit (AUS15-012) was granted to Toxfree Australia Pty Ltd on 9 July 2015. This permit allows Toxfree to import a specific type of hazardous waste, namely waste resins (Basel Code A3050), in a maximum quantity of 50,000 litres. This importation is to be conducted through up to 10 shipments, which will travel by sea from Port Moresby to either Newcastle or Sydney, NSW, and then be transported by land to Toxfree’s facility at Heather Street, Heatherbrae. Once at the Heatherbrae facility, the waste will undergo operation R13, which is the accumulation of material, before being forwarded to Geocycle SPF Pty Ltd’s facility in Dandenong South, VIC, where it will be blended in the manufacture of fuel for cement kilns, undergoing operation R1, which is the use of the waste as a fuel, but not in direct incineration. The permit stipulates that all transboundary movements of the waste must be completed by 30 June 2016, the date on which the permit expires.
The permit is not only a grant of authority but also comes with specific conditions that Toxfree must adhere to. These conditions include the manner and route of transportation, the operations to be performed on the waste at both the Heatherbrae and Dandenong South facilities, and the final disposal method. Furthermore, Toxfree must ensure that the waste is handled in a manner that complies with all environmental and safety regulations. Failure to comply with these conditions could result in the permit being revoked or legal action being taken against Toxfree.
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, there are obligations placed on Toxfree, including the requirement to handle and transport the hazardous waste in accordance with the permit conditions. Toxfree must also ensure that all waste is managed in a way that minimises environmental harm and complies with all relevant environmental protection laws. Additionally, Toxfree is required to maintain records of the importation and processing of the waste, which must be made available to regulatory authorities upon request. Failure to meet these obligations could result in administrative and legal consequences.
Breach of the conditions outlined in the permit, or failure to comply with the obligations imposed by the Hazardous Waste (Regulation of Exports and Imports) Act 1989, can lead to significant legal consequences. The Act provides for both civil and criminal penalties for non-compliance. For example, individuals or corporations found to be in breach of the Act may be subject to fines, with the maximum penalty varying depending on the nature and severity of the breach. In more serious cases, individuals may also face imprisonment. Additionally, the Department of the Environment has the authority to take enforcement actions, such as revoking the permit or initiating legal proceedings against Toxfree. These measures are designed to ensure that hazardous waste is managed in a manner that protects public health and the environment.