NOTICE OF DECISION TO GRANT AN EXPORT 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 27 July 2015, permit AUS15-038 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 non-halogenated solvents (Basel Code A3140);
(b) the quantity of the wastes to be imported is a maximum of 100 000 litres;
(c) the waste non-halogenated solvents 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; or
(iii) by sea from Port Moresby direct to Melbourne, VIC;
(e) all of the wastes 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 non-halogenated solvents 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 E-mail at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide for the regulation of the transboundary movement of hazardous waste and other wastes. This Act was introduced to address the growing concern over the improper disposal and management of hazardous wastes, which can pose significant risks to human health and the environment. The objective of the Act is to ensure that such wastes are managed in a manner that protects human health and the environment, both in Australia and in the countries to which they are exported. The Act is administered by the Parliament of Australia, and it provides a framework for the regulation of the export and import of hazardous waste, including the granting of export permits under certain conditions. The policy objective of the Act is to prevent the export of hazardous waste to countries that do not have the capacity to manage such waste in an environmentally sound manner, and to promote the responsible management of hazardous waste within Australia.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to persons or entities involved in the export or import of hazardous waste within Australia. Specifically, the Act governs the movement of hazardous wastes across international borders, ensuring compliance with stringent regulations designed to protect the environment and public health. The Act applies to the conduct of individuals, companies, and other entities engaged in the transboundary movement of hazardous waste, such as Toxfree Australia Pty Ltd, as evidenced by the issuance of export permit AUS15-038. The jurisdictional reach of the Act is national, with the Commonwealth responsible for overseeing the regulation of hazardous waste exports and imports. The permit granted to Toxfree Australia Pty Ltd outlines specific conditions regarding the type, quantity, and destination of hazardous waste, with exclusions or exemptions not explicitly stated in the notice. The Act allows for the extension or restriction of its application through subordinate instruments, which may include regulations and guidelines that further define the requirements and procedures for hazardous waste management.
Key Provisions
The main sections of the notice pertain to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). This notice informs that on 27 July 2015, a permit, identified as AUS15-038, was granted to Toxfree Australia Pty Ltd. The permit specifies the details of the hazardous waste to be imported, which in this case are waste non-halogenated solvents (Basel Code A3140). The permit allows for the importation of up to 100,000 litres of these solvents in up to 10 shipments, to be transported by sea from Port Moresby to either Newcastle or Sydney, NSW, or Melbourne, VIC. The waste will either be accumulated at a facility operated by Toxfree Solutions Ltd or blended by Geocycle SPF Pty Ltd in the manufacture of fuel used in cement kilns. The permit is set to expire on 30 June 2016, and all transboundary movements of the waste must be completed by this date. The permit is subject to certain conditions which must be adhered to by the permit holder.
The obligations imposed by this legislation on the parties involved are comprehensive and detailed. Toxfree Australia Pty Ltd must ensure that the waste non-halogenated solvents are imported and handled in accordance with the terms and conditions of the permit. This includes adhering to the specified routes and quantities, as well as ensuring that all waste is transported to the designated facilities. The entity must also ensure that the transboundary movement of the waste is completed before the permit expires. Failure to comply with these obligations could result in legal consequences.
In the event of a breach of the conditions outlined in the permit, there are several potential legal repercussions. The legislation allows for civil and criminal penalties to be imposed for non-compliance. The maximum penalties for breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can be significant, reflecting the potential environmental and public health risks associated with the improper handling of hazardous waste. The specifics of the penalties would depend on the nature and severity of the breach, but could include fines or imprisonment. It is crucial for Toxfree Australia Pty Ltd and any other entities involved in the import and handling of the waste to fully understand and comply with the conditions of the permit to avoid these consequences.