NOTICE OF DECISION TO GRANT AN EXPORT PERMIT 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 15 July 2016, Basel export permit number AUH16-080 was granted to Newline Metals International Pty Ltd (ACN 131 028 969), 17 Judge Street, Sunshine, Victoria, 3020 (Telephone: +61 3 8338 9065).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is dismantled and segregated e-waste (Basel Code: A1180);
b) the quantity of the waste to be exported is a maximum of 4000 tonnes;
c) the waste is to be transported by road to the ports of Melbourne, Sydney, Brisbane or Perth, then by sea to the Port of Singapore, from where it will travel by road to the recovery facility, Cimelia Resource Recovery Pte Ltd, No. 3 Tuas Avenue 2, Singapore, 639443;
d) the waste is to undergo the recovery operation R4-recycling / reclamation of metals and metal compounds;
e) no shipment is authorised before the date below or after 14 June 2017.
The permit includes and is subject to the conditions that form the schedule to this permit.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
15 July 2016
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, or by E-mail at hwa@environment.gov.au
Overview
The notice issued under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, relates to a Basel export permit granted to Newline Metals International Pty Ltd for the export of dismantled and segregated e-waste to Singapore for recycling. This Act was enacted by the Parliament of Australia to address the need for stringent controls on the export and import of hazardous waste, ensuring that such activities do not harm the environment or public health. The policy objective of this legislation is to regulate the export and import of hazardous waste in a manner that protects human health and the environment, in line with international obligations such as the Basel Convention. The grant of this specific permit exemplifies the Act’s role in overseeing the export of hazardous materials under controlled conditions, thereby preventing illegal trafficking and ensuring environmentally sound management of waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste within Australia. The Act regulates the movement of hazardous waste across international borders to ensure that it is managed in a manner that protects human health and the environment. The Act applies to the export and import of hazardous waste, regardless of the industry or type of waste, and encompasses various types of waste, including but not limited to, e-waste, chemical waste, and medical waste. The Act has a national jurisdictional reach and applies to all states and territories in Australia. However, the Act does not apply to waste that is exported or imported for the purposes of transit through Australia or if the waste is exported or imported for research or educational purposes. The Act may also be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further detail on the application of the Act.
Key Provisions
The main operative sections of this legislation concern the granting of a Basel export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as evidenced in section 33. Specifically, the notice confirms the grant of Basel export permit number AUH16-080 to Newline Metals International Pty Ltd, detailing the hazardous waste to be exported, its quantity, transportation routes, recovery operation, and the authorised time frame for the shipment. These sections serve to officially record and communicate the permit's specifics and conditions (section 33).
The Act imposes several obligations on the parties involved. Newline Metals International Pty Ltd must ensure that the hazardous waste, specifically dismantled and segregated e-waste, is transported and managed in accordance with the permit's conditions. The waste must be moved via the designated routes and reach the recovery facility in Singapore within the stipulated time frame. Additionally, the waste must undergo the specified recovery operation, which is the recycling or reclamation of metals and metal compounds. Compliance with these conditions is crucial to avoid legal repercussions and ensure the environmentally sound management of the hazardous waste.
Failure to comply with the conditions set out in the permit may result in various consequences. Under the Act, breaches of the conditions can lead to civil or criminal penalties, which may include fines and imprisonment. While the exact penalties are not detailed in the notice, they are typically stipulated in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 or related regulations. The enforcement of these penalties aims to uphold the regulatory standards for the export and recovery of hazardous waste, thereby protecting the environment and public health.
For those whose interests are affected by the decision, there are provisions for seeking review. Within 28 days of the notice, an individual or entity may request the reasons for the decision from the Department of the Environment. Additionally, an application for independent review can be submitted to the Administrative Appeals Tribunal within 28 days of receiving the reasons for the decision or, if no reasons are sought, within 28 days of the notice. These provisions ensure transparency and offer a mechanism for challenging the decision if there are concerns about its validity or impact.