NOTICE OF DECISION TO GRANT A 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 permit AUS15-049 was granted to Decmil Australia Pty Ltd (Decmil) (ACN 116 776 991), Level 5, 60 Edward Street, Brisbane, QLD 4000 (Telephone + 61 7 3640 4600; Facsimile + 61 7 3640 4690).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste asbestos in bonded form (Basel Code A2050);
(b) the quantity of the waste to be imported is a maximum of 15 tonnes;
(c) the waste is to be imported in 1 shipment:
(i) by sea from Manus Island, Papua New Guinea to Brisbane, QLD via any combination of the ports of Melbourne, VIC; Hobart, TAS; or Sydney, NSW; and
(ii) then by road to the facility operated by Remondis Australia Pty Ltd at Swanbank Road, Swanbank, QLD 4306; and
(d) at that facility, all of the waste is to undergo operation D1 – deposit into landfill; and
(e) the permit expires on 30 September 2016 and all transboundary movements of the waste asbestos must be completed by that date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Chemicals and Waste Branch
Department of the Environment
31 MARCH 2016
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, as listed 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 to regulate the export and import of hazardous waste in Australia, addressing the potential risks associated with the transboundary movement of such waste. The Act was introduced to ensure that hazardous waste is managed in a manner that protects human health and the environment. The legislation was enacted by the Australian Parliament, with the primary policy objective being to control the movement of hazardous waste and ensure that it is dealt with in a safe and environmentally sound manner. The Act aims to prevent illegal traffic in hazardous waste and to ensure that waste is managed in a way that minimises the risk of harm to human health and the environment.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste within Australia. In this specific case, the Act governs the activities of Decmil Australia Pty Ltd, a company authorised to import a limited quantity of hazardous waste, namely waste asbestos in bonded form, from Manus Island, Papua New Guinea to a facility in Queensland. The geographic reach of the Act is national, with the Federal Government exercising oversight over the transboundary movement of hazardous waste. The Act’s application can be extended or restricted through subordinate instruments, which may include regulations and conditions attached to specific permits. This permit, AUS15-049, includes conditions such as the maximum quantity of waste, the shipment route, the method of disposal, and an expiry date. Any person whose interests are affected by the decision to grant this permit can seek a review or request reasons for the decision within specified timeframes, as stipulated in the Administrative Appeals Tribunal Act 1975.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the notification of any granted permit to the public. Pursuant to this section, permit AUS15-049 was granted to Decmil Australia Pty Ltd, allowing the import of up to 15 tonnes of waste asbestos in bonded form from Manus Island, Papua New Guinea to Brisbane, QLD. This waste will be transported by sea, potentially through Melbourne, Hobart, or Sydney, and then by road to a Remondis facility in Swanbank, where it will be deposited into landfill. The permit is valid until 30 September 2016, and all movements of the waste must be completed by this date.
The Act imposes several obligations on Decmil Australia Pty Ltd and Remondis Australia Pty Ltd. Firstly, Decmil must ensure that the waste is transported according to the permit's specifications, including the route and method of transport. Secondly, Remondis must ensure that the waste is deposited into landfill as per the permit's conditions, and must comply with all relevant environmental regulations regarding the disposal of hazardous waste. Both companies must also keep accurate records of the waste's movement and disposal, and make these records available to the Department of the Environment upon request.
Failure to comply with the conditions of the permit or the requirements of the Act may result in civil or criminal penalties. Under section 43 of the Act, a person who contravenes a condition of a permit may be liable to a penalty of up to $22,200 for a individual and $111,000 for a body corporate. Furthermore, under section 44, a person who causes or permits the unlawful export, import, or transit of hazardous waste may be liable to a penalty of up to $666,000 for an individual and $3,330,000 for a body corporate, or imprisonment for up to five years, or both. These penalties reflect the serious nature of the offences and the potential harm that may result from non-compliance with the Act.