NOTICE OF DECISION OF A VARIATION TO A SPECIAL IMPORT 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 10 January 2013, a variation to permit number AUH123483I was granted to TES-AMM Australia Pty Ltd (ABN 20 118 833 346) (TES-AMM),
1 Marple Avenue, Villawood, NSW 2163 (Telephone +61 2 8188 0088;
Facsimile +61 2 9755 7717).
Noting the particulars of the permit variation below:
To remove reference to TES-AMM’s former contact details of “11 Epic Place, Villawood, New South Wales 2163 (Telephone +61 2 9644 6499; Facsimile +61 2 9644 4418)”, and to replace with “1 Marple Avenue, Villawood, NSW 2163 (Telephone +61 2 8188 0088; Facsimile +61 2 9755 7717)”.
There are no other changes to the permit or conditions.
Jane O’Sullivan
Acting Assistant Secretary
Environment Protection Branch
Department of Sustainability, Environment, Water, Population and Communities
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities
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 regulation of the export and import of hazardous waste in Australia, ensuring that such activities do not harm the environment or public health. This Act was designed to align Australia with international standards for the management and control of hazardous waste, thereby preventing illegal trafficking and the improper disposal of hazardous materials. The Act was passed by the Parliament of Australia and its overarching policy objective is to protect the environment and public health from the potential risks associated with the movement of hazardous waste across borders.
On 10 January 2013, a variation to a special import permit under this Act was granted to TES-AMM Australia Pty Ltd, updating the company's contact details. This update ensures that the regulatory framework remains current and effective, facilitating compliance and enforcement activities by relevant authorities. The permit, originally issued under the Act, was varied to reflect the company’s new address, thereby maintaining accurate and accessible information for oversight purposes.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export or import of hazardous waste in Australia. This Act regulates the movement of hazardous waste across Australia's borders, ensuring that it is managed in an environmentally sound manner and does not pose a risk to human health or the environment. The legislation specifically applies to permit holders such as TES-AMM Australia Pty Ltd, which was granted a special import permit under the Act. The geographic reach of this Act is national, extending to the entire Commonwealth of Australia. Notably, this legislation does not specify exclusions, exemptions, or thresholds within the given text. However, the Act may extend its application through subordinate instruments, which could provide further details on specific exclusions or exemptions. The Act ensures compliance with international obligations under agreements such as the Basel Convention, which aims to minimise the movement of hazardous waste between nations, especially from developed to less developed countries.
Key Provisions
The main operative sections of the Notice of Decision for the variation to Special Import Permit number AUH123483I, as outlined in the Gazette C2013G00100, relate to the amendment of the contact details for TES-AMM Australia Pty Ltd, as stated in section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit variation, which was granted on 10 January 2013, involves removing the outdated contact information of “11 Epic Place, Villawood, New South Wales 2163 (Telephone +61 2 9644 6499; Facsimile +61 2 9644 4418)”, and replacing it with the current contact details of “1 Marple Avenue, Villawood, NSW 2163 (Telephone +61 2 8188 0088; Facsimile +61 2 9755 7717)”. Importantly, no other changes have been made to the permit or its conditions.
Entities and parties governed by this Act must ensure that their contact details are kept up-to-date and accurate as per the terms of their permits. This obligation extends to promptly notifying the relevant authorities of any changes to their physical address, telephone number, or facsimile number. Failure to maintain accurate contact information may result in difficulties in communication, potentially affecting the compliance and enforcement processes associated with hazardous waste import activities.
In terms of the consequences of non-compliance or breaches of the Act, the Notice of Decision itself does not explicitly state any specific offences, penalties, or consequences for breach. However, under the broader framework of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, there are provisions that could apply. For example, section 50 of the Act outlines that failure to comply with the provisions of the Act can result in civil and/or criminal penalties. The exact penalties can vary depending on the nature and severity of the breach, and may include fines and imprisonment. It is advisable for entities subject to the Act to consult the full text of the legislation for detailed information on potential penalties and enforcement actions.