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 23 December 2015, transit permit numbers AUH15-068, AUH15-071 and AUH15-074 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 battery scrap (Basel code: A1160);
(b) the quantities of waste to be transited are: a maximum of 3 000 tonnes in up to 50 shipments (AUH15-068); a maximum of 6 000 tonnes in up to 50 shipments (AUH15-071); and a maximum of 5 000 tonnes in up to 100 shipments (AUH15-074).
(c) the waste is to be transported by sea from New Zealand to the Republic of Korea, transiting the port of Brisbane in Australia;
(d) the carriers transporting the waste are: CFR Line New Zealand Limited, 270 Neilson Street, Onehunga, Auckland 1061, New Zealand, Telephone: +64 9 475 5185; Facsimile: +64 9 475 5186 (AUH15-068 and AUH15-071); and Cosco New Zealand, Level 2, Cosco House, 9 Nelson Street, Auckland 1010, New Zealand, Telephone: +64 9 302 7393; Facsimile: +64 9 357 0744 (AUH15-074).
(e) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
The permits include and are subject to conditions.
Paul Kesby
Delegate to the Minister
Acting 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 E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a regulatory framework for the export and import of hazardous waste, thereby addressing the need to control and manage the transboundary movement of hazardous materials to protect human health and the environment. This Act was enacted by the Parliament of Australia and its primary policy objective is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment both within Australia and internationally. The notice of decisions to grant transit permits under this Act, such as those issued to Metalman New Zealand Limited, exemplifies the application of this legislative framework in facilitating the regulated transit of hazardous waste, in this case, used lead acid battery scrap, through Australian ports. Affected parties have the right to request reasons for the permit decisions and to seek independent review through the Administrative Appeals Tribunal, as stipulated in the Act and the Administrative Appeals Tribunal Act 1975.
Scope and Application
The notice of decisions to grant transit permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 specifies the grant of transit permits to Metalman New Zealand Limited for the transit of used lead acid battery scrap from New Zealand to the Republic of Korea, with a transit through the port of Brisbane in Australia. The Act applies to entities involved in the export, import, and transit of hazardous waste, specifically targeting Metalman New Zealand Limited and the carriers CFR Line New Zealand Limited and Cosco New Zealand. The geographic reach of the Act is national, as it pertains to waste transiting through Australian territory. The Act does not specify exclusions or exemptions, but it does impose conditions on the permits, which must be adhered to by the permit holders. The application of the Act may be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the management and transit of hazardous waste.
Key Provisions
Pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the legislation mandates that notice be given when transit permits are granted. In this instance, transit permit numbers AUH15-068, AUH15-071, and AUH15-074 were issued to Metalman New Zealand Limited on 23 December 2015. The permits allow for the transit of used lead acid battery scrap (Basel code: A1160) from New Zealand to the Republic of Korea, with a specified transit through the port of Brisbane in Australia. Each permit specifies the maximum quantity of waste that can be transported and the number of shipments allowed, with AUH15-068 permitting up to 3,000 tonnes in 50 shipments, AUH15-071 allowing up to 6,000 tonnes in 50 shipments, and AUH15-074 enabling up to 5,000 tonnes in 100 shipments. The waste is to be transported by sea, with carriers CFR Line New Zealand Limited and Cosco New Zealand designated for the respective permits. It is important to note that no shipment is authorised under these permits before 23 December 2015 or after twelve months from that date.
The obligations imposed by the Act on the parties involved include adhering to the conditions stipulated in the permits and ensuring that all shipments of hazardous waste are conducted in accordance with the specified quantities and timeframes. Metalman New Zealand Limited, as the permit holder, must ensure that the waste is transported by the designated carriers and through the designated port in Brisbane. The carriers, CFR Line New Zealand Limited and Cosco New Zealand, must also comply with the terms of the permits, which include the transportation of the specified quantities of waste within the allowed timeframe. All parties must comply with any additional conditions that may be imposed on the permits.
For any breach of the conditions outlined in the permits or any unauthorised shipment of hazardous waste, there are potential civil and criminal consequences. The specific penalties for breach are not detailed in the notice but are likely to include fines and potential imprisonment, as stipulated by the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The severity of the penalties may depend on the nature and extent of the breach. Parties who believe their interests have been adversely affected by the granting of these permits have the right to seek reasons for the decision from the Department of the Environment within 28 days of the notice and may also apply for an independent review by the Administrative Appeals Tribunal within the same period.