NOTICE OF DECISIONS 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 27 March 2014, permits AUH369124Q and AUH357124E 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 resins (AUH369124Q; Basel Code A3050) and waste organic phosphorous compounds (AUH357124E; Basel Code A3130);
(b) the quantities of the wastes to be imported are a maximum of 50 000 litres of waste resins and a maximum of 25 000 litres of waste organic phosphorous compounds;
(c) the waste resins are to be imported in up to 10 shipments and the waste organic phosphorous compounds are to be imported in up to 2 shipments:
(i) by sea from Port Moresby direct to Newcastle, NSW; and
(ii) then by land to the facility operated by Toxfree Solutions Ltd at 42 Heather Street, Heatherbrae, NSW 2324;
(d) at that facility, the wastes are to undergo operation R13 – Accumulation of material;
(e) all of the wastes are to be forwarded to the facility of Geocycle SPF Pty Ltd, 1/92-94 Ordish Road, Dandenong South, VIC 3175, to be blended in the manufacture of fuel used in cement kilns, undergoing operation R1 - Use as a fuel (other than in direct incineration); and
(f) the permits expire on 31 January 2015 and all transboundary movements of the waste resins and waste organic phosphorous compounds 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, listed under the 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 to control the import and export of hazardous wastes in Australia, aiming to protect the environment and public health from the potential risks associated with such activities. This Act provides the legal framework for the regulation of hazardous waste movements across borders, ensuring that they are managed in a way that minimises environmental harm and human health risks. The policy objective is to align Australia's practices with international standards, particularly those set by the Basel Convention, to prevent the transboundary movement of hazardous wastes into countries unable to deal with them in an environmentally sound manner. The legislation was enacted by the Parliament of Australia to address the growing concern over the improper disposal and management of hazardous waste, which could lead to significant environmental degradation and health hazards.
Scope and Application
The notice pertains to the granting of two Waigani Import Permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, a Commonwealth legislation designed to regulate the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner. The Act applies to entities and individuals involved in the import of hazardous waste into Australia, specifically requiring them to obtain permits and adhere to stipulated conditions. The permits in question were granted to Hazmat Services Pty Ltd, a company registered in Australia, for the import of specific types of hazardous waste from Port Moresby to various facilities within Australia for further processing and use. These permits are subject to conditions that govern the importation process, including the quantities, routes, and end-use of the waste materials. The geographic reach of the Act is national, with the permits covering transboundary movements into Australia. The Act does not specify exclusions or exemptions, but it allows for conditions to be attached to permits, which may effectively tailor the application of the Act to specific circumstances. The application and scope of the Act can be extended or modified through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) mandates that permits for the import of hazardous wastes must be granted under specific conditions. In this case, permits AUH369124Q and AUH357124E were issued to Hazmat Services Pty Ltd, allowing the import of waste resins and waste organic phosphorous compounds respectively. These permits outline the types of wastes, their quantities, and the methods of transportation and handling. Specifically, the waste resins and organic phosphorous compounds are to be imported via sea and land routes, reaching designated facilities for accumulation and eventual use as fuel in cement kilns. These permits are valid until 31 January 2015, and all transboundary movements must be completed by this date.
The obligations imposed on Hazmat Services Pty Ltd by these permits are stringent. They must adhere to the specified quantities and types of wastes being imported, ensure that all shipments are made in compliance with the stipulated routes and destinations, and undertake the operations of accumulation and fuel blending at the specified facilities. Hazmat Services Pty Ltd must also ensure that all transboundary movements of the hazardous wastes are completed by the expiration date of the permits. Any failure to comply with the conditions set out in the permits could lead to serious legal repercussions.
Failure to comply with the conditions of the permits could result in significant legal consequences. Under the Act, breaches of permit conditions can lead to both civil and criminal penalties. The maximum penalties for contravening the Act can include substantial fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach, but the potential for serious repercussions underscores the importance of strict adherence to the conditions set out in the permits. Additionally, the Act provides for the possibility of review and appeal, allowing affected parties to seek clarification or challenge the decision if they believe it to be unjust or erroneous.