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,
notice is given that on 10 January 2014 a variation to export permit AUH 288103C was granted to Alcoa Portland Aluminium Pty Ltd (ABN 006 306 752), Quarry Road, Portland, VIC 3305 (Telephone: +61 3 5521 5400; Facsimile +61 3 5521 5630), to extend the shipment authorisation period.
The particulars of the permit as varied are as follows:
a. the hazardous waste to be exported is spent pot liner (Basel Code A4050) and the quantity of the waste to be exported is a maximum of 12000 tonnes in multiple shipments;
b. the waste will be packed in lined bulk containers, stacked on pallets and shrink wrapped with plastic and then loaded into general purpose freight containers for transport;
c. the waste will be transported by sea from the Port of Melbourne to the Port of Felixstowe in the United Kingdom and by road to JBM International’s (JBMI) Kingsilver Refinery at Hixon, Staffordshire, ST18 OPY;
d. the waste may transit ports in Singapore, Malaysia, Sri Lanka, Egypt, Germany, France, Netherlands and Belgium en route to the United Kingdom;
e. after the export, the waste is to be disposed of at the JBMI facility by recovery operation R5 - Recycling/reclamation of other inorganic materials; and
f. no shipment is authorised before the date below or after 31 December 2014.
There are no changes to the permit conditions.
The permit is in effect for three years commencing from the 22 February 2013.
10 January 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 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 information or 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 notice of decision to vary a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 was introduced to address the need for flexible and responsive regulation of hazardous waste exports. Enacted by the Australian Parliament, the Act aims to provide a regulatory framework that ensures hazardous waste is managed in a way that protects human health and the environment. This specific notice pertains to the variation of export permit AUH 288103C, granted to Alcoa Portland Aluminium Pty Ltd, allowing an extension of the shipment authorisation period for the export of spent pot liner waste from Australia to the United Kingdom. The policy objective of the Act is to safeguard against the risks associated with the transboundary movement of hazardous waste, ensuring that such waste is treated in an environmentally sound manner.
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 and its territories. The Act governs the conditions under which hazardous waste can be exported, including the requirement for permits and adherence to specified packaging, transportation, and disposal practices. The Act’s jurisdictional reach extends across the Commonwealth of Australia and applies to any export activities that involve hazardous waste. Notably, the Act does not specify exclusions or exemptions but allows for variations to permits under certain conditions, as evidenced by the recent variation granted to Alcoa Portland Aluminium Pty Ltd for the export of spent pot liner. The Act also provides a framework for reviewing and appealing permit decisions, ensuring compliance and addressing any concerns raised by affected parties.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 outlines the provisions for varying a permit related to the export of hazardous waste. In this case, the legislation specifies that a variation to export permit AUH 288103C was granted to Alcoa Portland Aluminium Pty Ltd. The permit variation allows for the shipment of a maximum of 12,000 tonnes of spent pot liner, which is classified under Basel Code A4050, from the Port of Melbourne to the Port of Felixstowe in the United Kingdom. The waste will be transported via sea and road, with potential transit stops in Singapore, Malaysia, Sri Lanka, Egypt, Germany, France, the Netherlands, and Belgium. The waste is to be disposed of at the JBM International’s Kingsilver Refinery in Staffordshire through recovery operation R5, which involves the recycling or reclamation of other inorganic materials.
The Act imposes several obligations on the parties involved. The exporter, Alcoa Portland Aluminium Pty Ltd, must ensure that the hazardous waste is packed according to the specified method: lined bulk containers, stacked on pallets, shrink wrapped with plastic, and loaded into general purpose freight containers. Furthermore, the company must adhere to the stipulated timeline for shipments, with no exports allowed before 10 January 2014 or after 31 December 2014. The permit conditions remain unchanged, and the permit itself is effective for three years starting from 22 February 2013.
Failure to comply with the provisions of the Act may result in legal consequences. The Act does not explicitly detail offences, penalties, or civil/criminal consequences for breaches within the notice itself. However, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, unauthorised exports of hazardous waste can lead to significant penalties. For example, the Act may impose fines and imprisonment for individuals or corporations found guilty of contravening its provisions. The exact penalties are detailed in other sections of the Act and can vary based on the severity and intent of the breach. It is essential for the parties involved to strictly adhere to the permit conditions and the guidelines set forth in the Act to avoid any legal repercussions.