NOTICE OF DECISION TO REFUSE A TRANSIT 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 30 September 2015, a permit was refused to S.P.E., BP 377, Papeete, Tahiti 98713, French Polynesia.
The permit proposal related to the transit through Sydney and Melbourne of up to 40 tonnes of wood treated with creosote (Basel code: AC170) en route from French Polynesia to France for recovery operation R1 - For use as a fuel (other than in direct incineration) or other means to generate energy.
Andrew McNee
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment
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 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, or by E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the movement of hazardous waste both into and out of Australia. This legislation was introduced by the Australian Parliament to provide a regulatory framework for managing the export and import of hazardous waste, aiming to protect public health and the environment from potential risks associated with such waste. The Act establishes a permit system to ensure that hazardous waste is managed in a manner that minimises environmental impact and human health risks. The policy objective of the Act is to prevent the improper disposal of hazardous waste and to facilitate the environmentally sound management of such waste through international cooperation and strict regulatory oversight.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste, including the transit of such waste through Australia, and covers the processes by which permits are issued or refused. The geographic reach of this Act extends to the Commonwealth of Australia and its territories, and it governs the conduct and transactions related to the movement of hazardous waste, including the management and regulation of its export, import, and transit. In this instance, the Act was applied to a permit refusal concerning the transit of wood treated with creosote through Sydney and Melbourne. The Act may also be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on the types of hazardous waste covered, the permit application process, and other related matters. While the Act aims to regulate the handling and transit of hazardous materials, there may be exclusions or exemptions specified within the legislation or through subsidiary legislation, catering to particular circumstances or types of waste.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides the authority for the refusal of a transit permit, as evidenced in the notice issued on 30 September 2015. The permit, which was refused to S.P.E. based in Papeete, Tahiti, was intended for the transit of up to 40 tonnes of wood treated with creosote (Basel code: AC170) through Sydney and Melbourne en route from French Polynesia to France. The purpose of the transit was for recovery operation R1, which involves using the wood as a fuel, excluding direct incineration, or for energy generation. The decision was made by Andrew McNee, Assistant Secretary of the Chemicals and Waste Branch at the Department of the Environment.
The Act imposes specific obligations on entities and individuals involved in the export and import of hazardous waste, including the necessity to obtain a transit permit for the movement of such waste through Australia. The legislation mandates that the Department of the Environment thoroughly assesses the potential environmental and health risks associated with the transit of hazardous materials. The refusal of the permit under Section 33 indicates that the application did not meet the criteria set out in the Act, likely due to concerns over the environmental impact or the adequacy of the proposed recovery operation.
Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to serious consequences. The Act does not explicitly detail the offences, penalties, or civil/criminal consequences in the notice provided. However, generally, unauthorised export, import, or transit of hazardous waste can attract hefty fines and imprisonment under Australian law. For instance, under the Environment Protection and Biodiversity Conservation Act 1999, a person can face a fine of up to $666,000 or imprisonment for up to 5 years, or both, for contravening the regulations concerning hazardous waste. These penalties underscore the importance of compliance with the Act to protect public health and the environment.