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 17 April 2015, a permit was refused to E.M.C. SARL, 14 Avenue Baie de Koutio, Z.I. Ducos, Noumea, New Caledonia.
The permit proposal related to the export of up to 300 tonnes of electronic waste to the facility operated by Cimelia Resource Recovery Pte Ltd, 3 Tuas Avenue 2, Singapore 639443. The waste was to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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,
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 by the Parliament of Australia to address the growing concern of hazardous waste being exported from and imported into Australia. This legislation was designed to regulate the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner. The policy objective of the Act is to protect the environment and human health from the potential risks associated with the movement of hazardous waste across international borders. The Act empowers the Minister for the Environment to issue or refuse permits for the export and import of hazardous waste, and it provides mechanisms for review and enforcement to ensure compliance with its provisions.
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 within Australia or its territories. The Act covers a wide range of industries and transactions involving hazardous waste, including electronic waste as evidenced by the specific case of E.M.C. SARL's proposed export of electronic waste to Singapore. The geographic reach of the Act is national, applying across Australia, and extends to international dealings as illustrated by the refusal of a transit permit for the export of hazardous waste to another country. The Act does not specify exclusions or exemptions in the provided notice, but it may be subject to interpretation and further regulation through subordinate instruments which can detail specific types of waste or particular processes that are excluded or require additional scrutiny. This ensures that the Act can adapt to new developments in waste management and international trade practices.
Key Provisions
The main operative sections of this legislation pertain to the refusal of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically Section 33, which empowers the Minister to refuse a permit if they believe it necessary to protect the environment or human health. In this case, the decision to refuse a permit to E.M.C. SARL for the export of up to 300 tonnes of electronic waste to Singapore was made on 17 April 2015. The waste was intended for recovery operations at the facility of Cimelia Resource Recovery Pte Ltd, involving recycling or reclamation of metals and metal compounds. This decision was made in accordance with the provisions that allow the Minister to consider the potential environmental and health risks associated with the waste and its transportation.
The Act imposes several obligations and requirements on the parties involved. Firstly, it requires the Minister to carefully evaluate the application for a transit permit, considering factors such as the nature of the waste, the intended recovery operations, and the potential environmental and health impacts. The Minister must also ensure that the exporting and importing entities comply with relevant regulations and standards. Additionally, the Act mandates that the decision to refuse a permit must be communicated to the applicant, providing clear reasons for the refusal. This ensures transparency and allows the applicant to understand the basis for the decision.
Breaching the provisions of the Act can lead to significant consequences. The Act does not explicitly detail criminal or civil penalties within the provided text, but it does indicate that affected parties may seek reasons for the decision from the Department of the Environment. Furthermore, those dissatisfied with the decision can apply to the Administrative Appeals Tribunal for an independent review, highlighting the legal recourse available to challenge the decision. While the specific penalties for non-compliance are not stated in the text, the potential for judicial review and the obligation to comply with environmental regulations underscore the seriousness of adhering to the Act's requirements.