NOTICE OF DECISION TO VARY A SPECIAL 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 15 November 2013, a variation to permit AUH 135950H was granted to Caltex Australia Pty Ltd (ABN 17 000 032 128), 2 Market Street, Sydney, New South Wales, 2000 (Telephone +61 7 3362 7114; Facsimile: +61 7 3362 7111).
The particulars of the permit as varied are:
(a) the hazardous waste to be exported is spent precious metal bearing catalysts (A2030);
(b) the quantity of the waste to be exported is a maximum of 400 tonnes;
(c) the waste will be packed for shipment in accordance with paragraph 2 of Schedule 1 attached to this permit;
(d) the waste is to be transported in up to twenty-four (24) shipments:
(i) by land from Caltex Refineries (NSW) Pty Ltd, 2 Solander Street, Kurnell, NSW 2231 to the port of Sydney or by land from Caltex Refineries (QLD) Pty Ltd South Street, Lytton, QLD 4178 to the port of Brisbane;
(ii) by sea transiting through the ports of Auckland in New Zealand, Suva in Fiji and Honolulu and Oakland in the United States of America, to arrive at the port of Tacoma, Washington in the United States of America;
(iii) by land from the port of Tacoma to the Sabin Metal West Corporation (Sabin) facility, located at 15-12th Avenue East, Williston, North Dakota, United States of America, 58802 (Telephone 701 572 6828; Facsimile: 701 572 7142);
(e) the waste is to be disposed of at the Sabin facility by recovery operation R8 – Recovery of components from catalysts;
(f) no movement of this waste is authorised before the date below or after 30 April 2014.
Andrew McNee
Assistant Secretary
Environment Protection 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 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 information or enquiries should be directed to:
Director, NPI & 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 growing issue of hazardous waste being exported from Australia without adequate oversight, which posed potential risks to both the environment and human health. The Act was introduced by the Australian Parliament and aimed to establish a regulatory framework to control the export and import of hazardous waste, ensuring that such activities are conducted in a manner that minimises environmental harm. The Act provides mechanisms for the regulation of hazardous waste movements, including the issuance of special export permits that detail the conditions under which such waste may be exported. This legislative framework helps to protect Australia’s environment by ensuring that hazardous waste is managed responsibly both within the country and when exported abroad.
Scope and Application
The notice of decision to vary a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to the permit holder, Caltex Australia Pty Ltd, and concerns the export of spent precious metal bearing catalysts (A2030) for disposal. This legislation governs the export and import of hazardous waste within Australia and is administered by the Department of the Environment. The Act applies to entities engaged in the export of hazardous waste, ensuring that such activities are carried out in compliance with stringent regulatory requirements. The geographic scope of the Act extends to the exportation of hazardous waste from Australia to other countries, as demonstrated by the specified export route through various international ports to a facility in the United States of America. The permit variation restricts the maximum quantity of waste that can be exported to 400 tonnes and outlines specific conditions for the packing, transportation, and disposal of the waste. The application of this Act is subject to subordinate instruments, which may further detail the conditions and requirements for the export of hazardous waste. There are no stated exclusions, exemptions, or thresholds in the notice, but the permit's conditions and the Act's broader provisions provide a regulatory framework within which the export must occur.
Key Provisions
The Notice of Decision to Vary a Special Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Section 33) specifies that a variation to permit AUH 135950H has been granted to Caltex Australia Pty Ltd on 15 November 2013. The variation allows for the export of up to 400 tonnes of spent precious metal bearing catalysts (A2030) from two locations in Australia to a specified facility in the United States of America. This export is permitted for the sole purpose of disposal by a recovery operation at the Sabin Metal West Corporation facility in Williston, North Dakota. The variation includes specific packing and transportation details, including the route and ports of transit, and explicitly states that no movement of waste is authorised before the permit's effective date or after 30 April 2014.
The Act imposes several obligations on Caltex Australia Pty Ltd and Sabin Metal West Corporation, including ensuring compliance with all conditions outlined in the permit variation. This includes adherence to the prescribed packing and transportation methods, timely reporting of the shipment, and ensuring that the waste is only used for the authorised recovery operation. Both entities are responsible for any necessary documentation and reporting to the Department of the Environment, including any updates or changes to the shipment process.
Breach of the conditions specified in the permit variation may result in legal consequences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The Act includes provisions for both civil and criminal penalties for non-compliance. For civil offences, penalties can include fines and orders for remediation. The specific penalties are determined by the court but can be significant, reflecting the seriousness of the environmental risks involved in the export of hazardous waste. Criminal penalties may also apply, particularly if the breach is deemed to have caused significant harm to the environment or public health, potentially resulting in imprisonment for individuals or fines for the company.