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 3 August 2015, permit AUS15-029 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 are as follows:
(a) the hazardous waste to be imported is waste acids (Basel Code A4090);
(b) the quantity of the wastes to be imported is a maximum of 50 000 litres;
(c) the waste acids 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 to undergo operation R13 – Accumulation of material;
(e) all of the waste inorganic acids are to be forwarded by road to the facility of Transpacific Technical Services at 6-8 Rayben St, Glendenning NSW 2761 and then to the facility of Transpacific Industries Pty Ltd, Cnr Hill road and Pondage Link, Homebush Bay NSW 2127, undergoing operation D9 – physico-chemical treatment;
(f) all of the waste organic acids 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
(g) the permit expires on 30 June 2016 and all transboundary movements of the waste acids must be completed by that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Chemicals and Waste 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,
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 email 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 unregulated export and import of hazardous waste, which posed significant risks to human health and the environment. The Act aims to ensure that the export and import of hazardous waste are managed in a way that protects public health and the environment, aligning with international standards such as those set by the Basel Convention. Under the authority of this Act, specific permits must be granted for the importation of hazardous waste, subject to stringent conditions to mitigate potential risks. This legislative framework ensures that entities such as Toxfree Australia Pty Ltd, which have applied for and been granted a permit, adhere to detailed protocols for the handling, transportation, and processing of hazardous waste, as illustrated by the specific permit details outlined in the notice.
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 in Australia. Specifically, the Act governs the issuance of import permits for hazardous waste, as demonstrated in the notice regarding permit AUS15-029 granted to Toxfree Australia Pty Ltd. This permit allows for the import of up to 50,000 litres of waste acids, with specific conditions on the transportation and treatment of these acids once they have entered Australia. The geographic scope of the Act extends to the entire Commonwealth of Australia, and the permit details particular routes and facilities for handling the waste. The Act does not explicitly state exclusions, but its provisions and the specific conditions of the permits likely delineate what is permissible and what is not in terms of hazardous waste management. Subordinate instruments, such as the conditions attached to the permit, further refine the application of the Act, ensuring compliance with national environmental and safety standards.
Key Provisions
The gazetted Notice of Decision under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs that on 3 August 2015, a Waigani Import Permit (AUS15-029) was granted to Toxfree Australia Pty Ltd. This permit allows the importation of waste acids (Basel Code A4090) into Australia. The hazardous waste, which comprises a maximum of 50,000 litres of waste acids, is to be imported in up to 10 shipments by sea from Port Moresby to Newcastle or Sydney, NSW. From these ports, the waste will be transported by land to various facilities for specific operations. The inorganic acids will be treated physico-chemically at facilities in Glendenning and Homebush Bay, NSW, while organic acids will be blended into fuel for use in cement kilns at a facility in Dandenong South, VIC. The permit is valid until 30 June 2016, and all transboundary movements of the waste acids must be completed by this date.
The permit holder, Toxfree Australia Pty Ltd, is required to adhere to the conditions set forth in the permit. This includes ensuring the proper handling, transportation, and treatment of the hazardous waste as outlined in the permit. Toxfree must also comply with any additional requirements or conditions imposed by the relevant authorities during the importation and processing of the hazardous waste. Failure to comply with these conditions could result in legal consequences, including the revocation of the permit or other regulatory actions.
The Act imposes several obligations on the parties involved. Toxfree Australia Pty Ltd must ensure that all transboundary movements of the hazardous waste are conducted in accordance with the permit conditions and applicable laws. This includes obtaining any additional permits or approvals required for the transport and treatment of the waste. Additionally, Toxfree must maintain records of the waste movements and operations and make these records available to the authorities upon request. Furthermore, Toxfree is responsible for ensuring that all waste is treated in an environmentally sound manner and that any incidents or non-compliance are promptly reported to the relevant authorities.
Failure to comply with the conditions of the Waigani Import Permit or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in civil or criminal penalties. Under the Act, breaches can lead to fines, imprisonment, or both, depending on the severity of the offence. For example, knowingly making a false statement in an application for a permit can result in a fine of up to 500 penalty units or imprisonment for up to two years, or both. Additionally, any person who causes, or is recklessly indifferent to, a breach of a condition in a permit may also be subject to penalties. The maximum penalties for such offences can be significant, reflecting the importance of adhering to the regulatory framework governing the import of hazardous waste.