NOTICE OF DECISIONS TO GRANT TRANSIT 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 26 February 2016, transit permit numbers AUH15-054 and AUH15-077 were granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini, Auckland 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +64 9 274 8567).
The particulars of the permits are as follows:
(a) the hazardous waste to be transited is used lead acid batteries (Basel code: A1160);
(b) the quantities of waste to be transited are: a maximum of 6000 tonnes (AUH15-054); and a maximum of 1000 tonnes (AUH15-077);
(c) the batteries will be strapped and wrapped onto pallets and stacked in plastic lined shipping containers, with any damaged batteries contained in sealed plastic containers or drums;
(d) the waste is to be transported by sea from New Zealand to the Republic of Korea, transiting the port of Brisbane in Australia;
(e) the carriers approved to transport the waste are:
(i) CMA CGM, Level 2, 32-34 Mahuhu Crescent, Auckland 1010, New Zealand (Telephone: +64 9 366 2800; Facsimile: +64 9 300 5877);
(ii) ANL New Zealand, Level 2, 32-34 Mahuhu Crescent, Auckland 1010, New Zealand (Telephone: +64 9 366 2870; Facsimile: +64 9 366 2871); and
(iii) APL New Zealand, 25 Anzac Street, Takapuna, Auckland 0622, New Zealand (Telephone: +64 9 905 3748; Facsimile: +64 9 489 6071).
(f) no shipment is authorised under this permit before the date below or after twelve (12) months from that date.
The permits include and are subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste 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, as listed 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, or by email at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, aiming to prevent the movement of hazardous waste to countries that do not have adequate facilities or practices to manage such waste properly. The Act was introduced to address the problem of the improper disposal and management of hazardous waste, which can pose serious environmental and health risks. The legislation was enacted by the Australian Parliament with the policy objective of ensuring that hazardous waste is managed in an environmentally sound manner. The Act establishes a framework for the regulation of hazardous waste movements, including the requirement for permits for the export and import of such waste, as well as for the transit of hazardous waste through Australian territory.
Scope and Application
The notice of decisions to grant transit permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Metalman New Zealand Limited, a company based in Auckland, New Zealand, which has been granted transit permits for the transportation of used lead acid batteries from New Zealand to the Republic of Korea, transiting the port of Brisbane in Australia. The Act applies to the entities involved in the transportation of hazardous waste and the conduct of such transportation, with the specific permits in question being AUH15-054 and AUH15-077. The geographic reach of the Act is national, applying throughout Australia, and the jurisdictional reach is Commonwealth, as it involves interstate and international transportation of hazardous waste. The Act extends its application through subordinate instruments such as the permits themselves, which include specific conditions for the transportation of the waste. There are no stated exclusions, exemptions, or thresholds in this particular notice; however, the Act generally provides for these in its various provisions and regulations.
Key Provisions
The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) specifies the grant of transit permits for the transportation of hazardous waste, namely used lead acid batteries, from New Zealand to the Republic of Korea. Two permits, AUH15-054 and AUH15-077, were granted to Metalman New Zealand Limited. The key details of these permits are the type of waste, the maximum quantities allowed for transit (6000 tonnes for AUH15-054 and 1000 tonnes for AUH15-077), the method of packaging, and the approved carriers. The transit must occur by sea, passing through the port of Brisbane in Australia. The permits are valid only for the specified quantities and methods and must be completed within twelve months of the date of the notice.
The obligations imposed by the Act on the parties involved include ensuring that the hazardous waste is properly packaged according to the specified method (section 33(b)(c)), adhering to the approved carriers listed (section 33(e)), and completing the transit within the twelve-month period (section 33(f)). The Act also mandates that any shipments must not occur before the date specified in the notice or after the expiry of the twelve-month period. Additionally, the parties must comply with all other conditions stipulated in the permits.
Breaches of the conditions set out in the permits may result in legal consequences. The Act does not explicitly state the penalties for non-compliance, but violations of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 generally attract significant penalties. Offences under this Act may lead to civil penalties, such as fines up to $66,000 for individuals and $330,000 for corporations, as per section 141 of the Act. Criminal penalties may also apply, with fines up to $660,000 for individuals and $3.3 million for corporations, and imprisonment for up to five years, as per section 142 of the Act. Additionally, failure to comply with the permit conditions may result in permit revocation and potential legal action to recover any environmental damages caused by the breach.