NOTICE OF DECISION TO GRANT TWO WAIGANI IMPORT PERMITS 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 25 March 2014, permits AUH366124N and AUH341124O were granted to Hazmat Services Pty Ltd (Hazmat) (ACN 43 127 055 743), 1st Floor, 17 Gipps Street, Carrington, NSW 2294 (Telephone +61 2 4961 1887; Facsimile +61 2 4969 5887).
The particulars of the permits are as follows:
(a) the hazardous wastes to be imported are waste acids (AUH366124N; Basel Code A4090) and waste bases (AUH341124O; Basel Code A4090);
(b) the quantities of the wastes to be imported are a maximum of 50 000 litres of waste acids and a maximum of 50 000 litres of waste bases;
(c) the wastes are to be imported in up to 10 shipments for each type of waste:
(i) by sea from Port Moresby direct to Newcastle, NSW; and
(ii) then by land to the facility operated by Toxfree Solutions Ltd (Toxfree) at 42 Heather Street, Heatherbrae, NSW 2324, to undergo operation D15 – Storage;
(d) from there, all of the wastes are to be disposed of using either, or both, of the following pathways:
(i) the wastes are to be forwarded to the Toxfree facility, Christie Street, St Mary’s, NSW 2760, to undergo disposal operation D9 – Physico-chemical treatment not specified elsewhere;
(ii) the wastes are to be forwarded to the facility of Transpacific Technical Services, 19 Egret Street, Kooragang Island, NSW 2304, for operation D15 – Storage, and then transferred to the facility of Transpacific, Cnr Hill Road and Pondage Link, Homebush Bay, NSW 2127, for operation D9 – Physico-chemical treatment not specified elsewhere;
(e) the permits expire on 31 January 2015 and all transboundary movements of the waste acids and waste bases must be completed by that date.
The permits include and are subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
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; E-mail 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 the transboundary movement of hazardous wastes, ensuring that such movements are conducted in a manner that protects human health and the environment. This legislation provides a framework for the control and regulation of the export and import of hazardous wastes, requiring permits for such activities and setting out conditions to manage potential risks. The policy objective of the Act is to minimise the generation of hazardous waste, to promote environmentally sound management practices, and to prevent illegal traffic in hazardous wastes. The notice of decision to grant two Waigani Import Permits under this Act, issued on 25 March 2014, demonstrates the application of the legislative framework in regulating the import of hazardous wastes, specifically waste acids and waste bases, into Australia for treatment and storage, highlighting the Act's role in safeguarding against environmental harm and ensuring compliance with international obligations under the Basel Convention.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to individuals and entities involved in the export and import of hazardous wastes. The Act's jurisdiction is Commonwealth, with a national reach, and it extends to cover any person or entity engaged in the export, import, or transit of hazardous wastes through Australian territory. The Act specifies conditions and requirements for permits, such as those granted to Hazmat Services Pty Ltd for the import of waste acids and waste bases, ensuring compliance with environmental protection standards and international agreements, including the Basel Convention. Permits are subject to specific conditions regarding the type and quantity of waste, the transportation routes, and the disposal methods. The permits in question are limited to a maximum of 50,000 litres of each type of waste, with a clear timeline for completion of the transboundary movements by 31 January 2015. The Act does not specify exclusions or exemptions but provides avenues for review and appeal under the Administrative Appeals Tribunal Act 1975.
Key Provisions
The primary operative sections of the notice are outlined under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which details the granting of specific import permits for hazardous wastes. In this instance, the Act facilitates the import of waste acids and waste bases by Hazmat Services Pty Ltd, with precise conditions governing the importation, transportation, and disposal of these materials. Permits AUH366124N and AUH341124O were issued to Hazmat Services Pty Ltd, detailing the types of waste to be imported, the quantities, the method of transportation, and the final disposal operations (Section 33(a)-(e)). The permits also specify the expiration date, which is 31 January 2015, by which all transboundary movements must be completed.
The obligations imposed by the Act on the entities involved are stringent and multifaceted. Hazmat Services Pty Ltd must adhere to the conditions set forth in the permits, which include the importation of a maximum of 50,000 litres of waste acids and waste bases, respectively. These wastes are to be transported by sea and land to specific facilities, primarily those operated by Toxfree Solutions Ltd and Transpacific Technical Services, where they will undergo operations such as storage and physico-chemical treatment (Section 33(a)-(d)). Furthermore, Hazmat Services Pty Ltd is responsible for ensuring that all transboundary movements are completed by the specified expiration date.
The Act also delineates the penalties and consequences for non-compliance with its provisions. Any breach of the conditions outlined in the permits may result in severe civil and criminal penalties. Under the Act, penalties for non-compliance can include fines and imprisonment. The exact penalties are not specified in this notice but generally, breaches of hazardous waste regulations can lead to substantial fines and, in more severe cases, imprisonment for directors or officers of the company. The severity of the penalties underscores the importance of adhering to the conditions set out in the permits and the overarching regulations designed to protect the environment and public health.