NOTICE OF DECISION TO GRANT WAIGANI IMPORT 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 8 September 2014, permit AUH445134S was granted to Toxfree Australia Pty Ltd (Toxfree) (ACN 31 127 853 561), 42 Heather Street, Heatherbrae NSW 2324 (Telephone +61 2 4987 7022; Facsimile +61 24987 7622).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste containing isocyanates (Basel Code A4050);
(b) the quantity of the waste to be imported is a maximum of 50 000 litres;
(c) the waste is to be imported in up to 6 shipments:
(i) by sea from Port Moresby direct to Newcastle or Sydney, NSW;
(ii) then by land to the facility operated by Toxfree at 42 Heather Street, Heatherbrae NSW 2324;
(iii) then by land to the facility of Transpacific Technical Services Pty Ltd (Transpacific), 20 George Street, Wingfield SA 5013, generating solid residue; and
(iv) then the solid residue is to be transferred to the facility of Waste Management Pacific (SA) Pty Ltd, Primes Road, Inkerman, SA 5500;
(d) the waste is to undergo operation R13 – Accumulation of material at the Toxfree facility and operation D9 – Physico-chemical treatment at the Transpacific facility, generating solid residue that is to undergo operation D1 – Deposit into or onto land at the facility of Waste Management Pacific (SA) Pty Ltd; and
(e) the permit expires on 31 August 2015 and all transboundary movements of the waste must be completed by that date.
The permit includes and is subject to conditions.
Bruce Edwards
Assistant Secretary
Waste Policy 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 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 address the need for stringent control over the import and export of hazardous waste, ensuring that it is managed in an environmentally sound manner. This Act was introduced by the Commonwealth Parliament to provide a legislative framework that aligns with international conventions, particularly the Basel Convention, to prevent illegal traffic in hazardous waste and to manage its transboundary movements effectively. The policy objective of the Act is to protect human health and the environment from the adverse effects of hazardous waste, while facilitating the environmentally sound management of such waste through the establishment of a permit system. On 8 September 2014, under this Act, a Waigani Import Permit was granted to Toxfree Australia Pty Ltd for the importation of hazardous waste containing isocyanates, subject to specific conditions designed to ensure the waste is managed in an environmentally responsible manner.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities engaged in the export or import of hazardous waste, specifically targeting the control and management of hazardous waste across Australia's borders. The Act governs the issuance of import permits for hazardous waste, ensuring that such waste is handled in an environmentally responsible manner and complies with national and international regulations, including the Basel Convention. This legislation encompasses various industries and entities that handle hazardous waste, ensuring that they adhere to specific conditions and operational guidelines. The geographic reach of the Act extends across Australia, with the Commonwealth overseeing the regulation of transboundary movements of hazardous waste. Subordinate instruments may extend or restrict the application of the Act, such as regulations specifying detailed requirements for hazardous waste imports and exports. The Act does not specify exclusions or exemptions but operates under a permit system that subjects each import to specific conditions tailored to the type and quantity of waste, the proposed transportation routes, and the facilities involved in handling the waste.
Key Provisions
The notice of decision under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, particularly section 33, indicates that a Waigani Import Permit (AUH445134S) was granted to Toxfree Australia Pty Ltd on 8 September 2014. The permit allows for the importation of up to 50,000 litres of hazardous waste containing isocyanates, identified by the Basel Code A4050, into Australia. The waste is to be imported via sea and land transport in up to six shipments, directly to a specified facility in Heatherbrae, NSW, and subsequently to another facility in Wingfield, SA, where it will undergo specific operations including accumulation and physico-chemical treatment. The permit stipulates that the waste will be treated to generate solid residue, which will then be deposited into or onto land at a facility in Inkerman, SA. The permit is valid until 31 August 2015, and all transboundary movements of the waste must be completed by this date.
The Act imposes specific obligations on the permit holder, Toxfree Australia Pty Ltd. These obligations include adhering to the detailed conditions stipulated in the permit, such as the types of waste to be imported, the quantities, the transportation routes, and the treatment processes to be undertaken. Toxfree is also required to ensure that all transboundary movements are completed within the stipulated timeframe, which ends on 31 August 2015. Additionally, the permit includes conditions that Toxfree must comply with, which may involve reporting, monitoring, and ensuring the safe handling and treatment of the hazardous waste. The permit is also subject to review and compliance measures by the Department of the Environment.
Breaches of the conditions outlined in the permit or failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in civil or criminal penalties. The specific offences and consequences for non-compliance are not detailed in the notice, but under the Act, breaches may be subject to fines and other penalties as stipulated by the law. The severity of penalties can vary depending on the nature and extent of the breach, but they can include significant financial penalties and potential criminal charges for serious or repeated violations. It is important for Toxfree to adhere strictly to the permit conditions to avoid any legal repercussions.