NOTICE OF DECISION TO VARY 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 (the Act), notice is given that an application was received from, and granted to The New Zealand Refining Company Limited, Port Marsden Highway, Ruakaka, Northland, 0171, New Zealand (Telephone: +64 9 432 8311; Facsimile: +64 0 432 8035), to vary transit permit AUH16-007, notice of which was published on 24 May 2016 in the Commonwealth of Australia Gazette.
In accordance with Section 27 of the Act, on 7 July 2016 a variation application was received to increase the number of shipments from 1 to 5. The permit has been modified to remove the number of shipments, which, under Section 21A of the Act and Section 31 of the Hazardous Waste (Regulation of Exports and Imports)(OECD Decision) Regulations 1996, was not required to be included in the original permit granted on 20 May 2016.
All other particulars of the original application are identical.
The particulars of the permit, as varied, are:
(i) the hazardous waste to be transited is spent catalyst (Basel Code: B1120, containing controlled waste category Y6 – Wastes from the production, formulation and use of organic solvents);
(ii) the quantity of the waste to be transited is a maximum of 735 tonnes;
(iii) the spent catalyst will be packaged in accordance with the relevant International Maritime Dangerous Goods guidelines, in hermetically sealed steel drums or in “Cougar” catalyst containers designed specifically for the transportation of spent and fresh catalyst, then loaded into 20 foot shipping containers;
(iv) the waste is to be transported by sea from New Zealand to Singapore, transiting the port of Brisbane in Australia;
(v) the carrier approved to transport the waste is ANL Singapore Agencies, 9 North Buona Vista Drive, #03-02 The Metropolis Tower 1, Singapore, 138588 (Tel: +65 65893288; Facsimile: +65 65893289);
The permit period is from the date below and expires 20 May 2017.
The permit includes and is subject to the conditions that form a schedule to this permit.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
15 July 2016
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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 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 problem of regulating the export and import of hazardous waste, ensuring that such activities do not pose a risk to human health and the environment. The policy objective of this legislation is to control the movement of hazardous waste between countries by requiring permits for exports and imports, thereby preventing illegal trafficking and ensuring that such waste is managed in an environmentally sound manner. The Act provides a legal framework for the regulation of hazardous waste movements, allowing for the imposition of conditions on permits to manage potential risks associated with the transit, treatment, or disposal of such waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of exports and imports of hazardous waste, governing the movement of hazardous waste across international borders, including transit through Australian territory. This Act applies to entities such as The New Zealand Refining Company Limited, which in this case sought and was granted a variation to a transit permit for the export of hazardous waste from New Zealand to Singapore, with transit through Australia. The geographic reach of the Act is national, as it pertains to the control and regulation of hazardous waste movements within Australia and its territories. The Act provides a framework for the issuance of permits and specifies the conditions under which such hazardous waste movements are allowed. Notably, the Act allows for exclusions or exemptions, which can be defined through subordinate instruments such as regulations or guidelines, although specific exclusions are not detailed in the notice itself. The Act's provisions are enforced through the issuance of permits, the conditions of which are subject to modification as needed, as seen in the variation granted to The New Zealand Refining Company Limited.
Key Provisions
The main operative sections of this notice pertain to the variation of a hazardous waste transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). The permit in question, AUH16-007, was initially granted to The New Zealand Refining Company Limited to transit spent catalyst from New Zealand to Singapore via Brisbane, Australia. The permit was varied to increase the number of shipments from one to five (section 27). Under sections 21A and 31 of the Act and the Hazardous Waste (Regulation of Exports and Imports)(OECD Decision) Regulations 1996, the number of shipments has been removed from the permit as it was not required. The modified permit details include the type of hazardous waste, the maximum quantity of 735 tonnes, the packaging and transportation methods, and the carrier, ANL Singapore Agencies. The permit period runs until 20 May 2017 and is subject to the conditions outlined in the schedule attached to the permit.
The obligations imposed by this Act on the parties involved include ensuring that the hazardous waste is packaged and transported according to the relevant guidelines and regulations, specifically those set out by the International Maritime Dangerous Goods guidelines. The New Zealand Refining Company Limited must also ensure that the waste is transported by the approved carrier, ANL Singapore Agencies, and that all conditions outlined in the permit are adhered to. The carrier, in turn, is responsible for ensuring the safe and compliant transit of the hazardous waste as per the permit's conditions. Any party found to be in breach of these obligations could face legal consequences.
Failure to comply with the provisions of the Act and the conditions of the permit may result in both civil and criminal penalties. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches can lead to fines and, in severe cases, imprisonment. The maximum penalty for contravening the Act can reach up to $330,000 for individuals and $1,650,000 for bodies corporate, as stipulated in section 53. Additionally, the Act allows for the imposition of administrative penalties, including the revocation of permits, which can significantly impact the operations of the companies involved. It is therefore imperative for all parties to strictly adhere to the requirements and conditions set forth in the legislation and the permit.