NOTICE OF VARIATION TO A PERMIT RECEIVED 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 Alchemy Trading Company Pty Ltd (Alchemy) located at Rossmoyne, Western Australia 6148 has requested a variation to a permit AUH225121Y, that was published on 26 July 2012 in the Commonwealth of Australia Gazette, No GN 26. The permit relates to the export of up to 15 tonnes of spent catalyst to BMT Services bv, Adriaan Pauwlaan 2, 2101 AK Heemstede, The Netherlands for R4 operation recycling/reclamation of metals and metal compounds.
The variation adds further transit ports to the permit. The waste will now additionally transit the ports of Zeebrugge and Antwerp in Belgium on its way to the final destination in Rotterdam, The Netherlands.
Andrew McNee
Assistant Secretary
Environment Protection Branch
29 November 2012
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of controlling the export and import of hazardous waste, ensuring that it is managed in a manner that protects the environment and human health. This legislation provides a framework for the regulation of hazardous waste movements across international borders, thereby mitigating the risks associated with the improper handling and disposal of such waste. Alchemy Trading Company Pty Ltd, based in Rossmoyne, Western Australia, has applied for a variation to their existing permit AUH225121Y, as outlined in the Commonwealth of Australia Gazette, No GN 26, published on 26 July 2012. The proposed variation involves an amendment to the transit ports for the export of up to 15 tonnes of spent catalyst, which is to be recycled and reclaimed by BMT Services bv in Heemstede, The Netherlands. The additional transit ports of Zeebrugge and Antwerp in Belgium have been included in the variation request, reflecting a modification to the original logistics plan detailed in the initial permit. This change was communicated by Andrew McNee, Assistant Secretary of the Environment Protection Branch, on 29 November 2012.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the management of hazardous wastes exported from and imported into Australia, ensuring they are handled in an environmentally sound manner. This legislation applies to entities and individuals involved in the export or import of hazardous waste, including companies such as Alchemy Trading Company Pty Ltd, as evidenced by the variation to permit AUH225121Y. The Act's jurisdictional reach is national, applying across the Commonwealth of Australia, and its application extends to all hazardous waste transactions governed by permits issued under its authority. Notably, this Act does not specify particular exclusions or thresholds, but the specifics of individual permits, such as the one under variation here, may contain detailed conditions and limitations. The application and enforcement of the Act can be further refined and detailed through subordinate instruments, which may include guidelines, codes of practice, and regulations that provide additional clarity on implementation and compliance requirements.
Key Provisions
The primary operative section in this context is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates the giving of notice when there is a request for a variation to a permit. Alchemy Trading Company Pty Ltd has requested a variation to permit AUH225121Y, initially published on 26 July 2012, to include additional transit ports for the shipment of spent catalyst. The permit allows for the export of up to 15 tonnes of spent catalyst to BMT Services bv in The Netherlands, where it will undergo recycling/reclamation of metals and metal compounds as an R4 operation.
This Act imposes specific obligations on Alchemy Trading Company Pty Ltd, the permit holder, and BMT Services bv, the recipient. Alchemy must ensure that the variation adheres to the conditions set out in the original permit and must notify relevant authorities of the proposed changes. This includes providing detailed information about the additional transit ports and any changes in the logistics of the shipment. BMT Services bv must ensure that it is compliant with the regulations governing the import of hazardous waste and must be prepared to receive the shipment according to the terms of the permit. Both parties must ensure that all environmental and safety protocols are strictly followed throughout the transit and recycling processes.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Offences under the Act can lead to both civil and criminal penalties. Civil penalties may include fines and orders for remediation, while criminal penalties can include imprisonment. The maximum penalties for breaches can vary depending on the severity of the offence. For example, individuals or companies found guilty of knowingly exporting hazardous waste without a permit could face substantial fines and imprisonment terms, reflecting the seriousness of non-compliance with hazardous waste regulations. It is crucial for all parties involved to adhere strictly to the conditions of the permit and the requirements of the Act to avoid these severe consequences.