Tyre Stewardship Australia · PDF fileTyre Stewardship Australia Best Practice Guidelines for Downstream Vender Management and Verification Version 1.3 20 June 2016 2 Tables and Figures

Tyre Stewardship Australia

Best Practice Guideline for Downstream Vendor Management and Verification

Version 1.3

20 June 2016

Tyre Stewardship Australia Best Practice Guidelines for Downstream Vender Management and Verification Version 1.3 20 June 2016 1

Contents

Disclaimer ............................................................................................................................................................... 2About the Tyre Product Stewardship Scheme .................................................................................................... 2

Member commitments .......................................................................................................................................... 2Abbreviations.......................................................................................................................................................... 3Glossary .................................................................................................................................................................. 31. Introduction .................................................................................................................................................. 52. About these Guidelines ............................................................................................................................... 53. Consultation process .................................................................................................................................. 64. Tyre processing and domestic re-use and export opportunities ............................................................ 65. Regulations relating to the domestic recovery and disposal and exportation of tyres from Australia 8

5.1 Domestic recovery and disposal regulations ............................................................................................. 85.2 Regulations relating to export of tyres and tyre derived products ............................................................. 85.3 Australia’s obligations ............................................................................................................................... 85.4 Exporter obligations and reporting requirements ...................................................................................... 95.5 Classification and import codes ................................................................................................................ 95.6 Exportation arrangements and contracts ................................................................................................ 10

6. Aspects relating to the domestic recovery and disposal and exportation of tyres and tyre derived

products ................................................................................................................................................................ 106.1 Evidence pertaining to the export of tyre and tyre derived products ....................................................... 10

6.1.1 Evidence of import countries (Basel Convention) ................................................................................ 116.1.2 Tyre and product form ......................................................................................................................... 126.1.3 Export declaration from Australia ........................................................................................................ 136.1.4 Current/future sales contract documentation/agreements ................................................................... 136.1.5 Sales/remittance documentation ......................................................................................................... 136.1.6 Export bill of ladings for monthly export sales ..................................................................................... 14

6.2 Evidence to support the environmentally sound use of end-of-life tyres within Australia and other evidence pertaining to the legitimacy of end-use in export markets ................................................................... 14

6.2.1 Exact location of end use .................................................................................................................... 146.2.2 Description of end use ......................................................................................................................... 146.2.3 Destruction / use certificates ............................................................................................................... 146.2.4 Environmental permits / licenses / accreditations / systems ............................................................... 156.2.5 Occupational health and safety measures .......................................................................................... 156.2.6 Industry or association accreditation(s) ............................................................................................... 156.2.7 Secondary broker details (if applicable) for legitimacy ........................................................................ 166.2.8 Other evidence (photos). ..................................................................................................................... 16

6.3 Transparency and confidentiality of sales and contract information ....................................................... 16Appendix A – Tyre management by jurisdiction ............................................................................................... 17

Victoria ................................................................................................................................................................ 17New South Wales ............................................................................................................................................... 18Queensland ........................................................................................................................................................ 21South Australia ................................................................................................................................................... 23Western Australia ............................................................................................................................................... 26Tasmania ............................................................................................................................................................ 27

Appendix B – Regulations relating to the exportation of tyres from Australia .............................................. 29Basel convention ................................................................................................................................................ 29Australian Hazardous Waste (Regulation of Exports and Imports) Act 1989 ..................................................... 31

Organisation for Economic Cooperation and Development (OECD) Decision Regulations ............................ 31Controls on Exports of Green List Waste to non-OECD Countries .................................................................. 32Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 .................. 33

Department of Immigration and Border Protection - Customs Regulations ....................................................... 33


Tables and Figures

Figure 1. Waste hierarchy and re-use and disposal pathways .................................................................................. 6Figure 2. Tyre processing and domestic re-use and export pathways ...................................................................... 7

Disclaimer

The information contained in this guideline has been provided by Tyre Stewardship Australia (TSA) for information purposes only. This information does not constitute legal, professional or commercial advice. While every care has been taken to ensure that the content is useful and accurate, TSA gives no guarantees, undertakings or warranties in this regard, and does not accept any legal liability or responsibility for the content or the accuracy of the information so provided, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information. Any errors or omissions brought to the attention of TSA will be corrected as soon as possible.

About the National Tyre Product Stewardship Scheme

The National Tyre Product Stewardship Scheme (“the Scheme”) is a voluntary scheme aimed at improving the management of end-of-life tyres in Australia. Its objective is to:

• Increase resource recovery and recycling and minimise the environmental, health and safety impacts of all end-of-life tyres generated in Australia.

• Develop Australia’s tyre recycling industry and markets for tyre derived products.

Tyre Stewardship Australia (TSA), is a not-for-profit company established to administer the Scheme. It is funded by tyre importers at a rate proportional to the number of tyres they import into Australia.

Participants in the Scheme commit to play their part in ensuring end-of-life tyres are disposed of in a way that represents environmentally sound use.

There are a number of categories of Participants in the Scheme:

• Tyre importers and vehicle importers and manufacturers • Retailers • Fleet operators • Local governments • Collectors • Recyclers • Miners

Businesses and organisations apply to become Participants in the Scheme. On becoming Participants, they are required to meet the commitments that are relevant to them. These commitments are set out in the Tyre Product Stewardship Scheme Guidelines. Participants are permitted to use the Scheme logo and, if they choose to do so, they are required to comply with the conditions of use that are set out in the Tyre Product Stewardship Scheme Guidelines.

Member commitments

In order to participate in the scheme accredited members commit to contribute to:

• the environmentally sound use of end-of-life tyres; • elimination of the inappropriate export of baled tyres from Australia; • elimination of the illegal dumping of end-of-life tyres; • elimination of disposal of end-of-life tyres to landfill (except where no viable alternative is available and subject to

state and territory legislation; for example, in rural and remote areas where appropriate recycling facilities are not available, or transportation costs are prohibitive).


Abbreviations

Abbreviation Description

AHECC Australian Harmonized Export Commodity Classification

APS Annual Performance Statement

CFA Country Fire Authority

EDN Export Declaration Number

EPA Environmental Protection Authority

ERA Environmentally Relevant Act

EU European Union

ICS Integrated Cargo System

MFB Metropolitan Fire Brigade

OECD Organisation for Economic Co-operation and Development

SCBA Self-Contained Breathing Apparatus

TSA Tyre Stewardship Australia

TPSS Tyre Product Stewardship Scheme

Glossary

Term Definition

Accreditation Means recognition by Tyre Stewardship Australia (TSA) that a business or organisation has made a commitment to, and meets the requirements of, the scheme.

Annex IVA operations

The Basel Convention defines wastes as “substances or objects which are disposed of or are intended to be disposed of or are required to be disposed of by the provisions of national law”. In paragraph 4, it defines disposal as “any operation specified in Annex IV” to the Convention. In paragraph 8, it defines the environmentally sound management of hazardous wastes or other wastes as “taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes”.

Annex III characteristics

Hazardous waste characteristics include: • Explosive • Flammable liquids • Flammable solids • Substances or wastes liable to spontaneous combustion • Substances or wastes which, in contact with water emit flammable gases • Oxidizing • Organic Peroxides • Poisonous (Acute) • Infectious substances • Corrosives • Liberation of toxic gases in contact with air or water • Toxic (Delayed or chronic) • Ecotoxic • Capable, by any means, after disposal, of yielding another material, e.g., leachate, which

possesses any of the characteristics listed above.

Bills of lading A document issued by a carrier which details a shipment of merchandise and gives title of that shipment to a specific party. It also serves as a receipt of shipment when the good is delivered to the predetermined destination.

Casing The tyre casing is the inner structure of the tyre

Domestic Means recovery or disposal of tyres and tyre derived products within Australia


Term Definition

Environmentally sound use

The Tyre Product Stewardship Scheme defines environmentally sound use as follows: I. recycling into tyre crumb, shred, chips, granules, steel and other tyre components;

II. use as a fuel (other than in direct incineration without effective energy recovery and unsustainable burning for energy recovery) or other means to generate energy;

III. production of tyre derived products, including tyre derived fuel; (iv) civil engineering.

Environmentally sound disposal

The Basel Convention describes environmentally sound disposal including recovery, recycling and reuse as:1

(a). Ambient/Cryogenic grinding (b). Devulcanization/Reclamation (c). Pyrolysis (d). Civil engineering

i. Landfill engineering ii. Light Weight Fill and soil enforcement iii. Erosion control iv. Noise Barriers v. Thermal insulation vi. Applications in rubber-modified concrete vii. Road applications

(e). Industrial and consumer products (f). Co-processing

i. Co-processing in the Cement Industry ii. Co-processing in Plants for electric power generation

Export Means export of tyres and tyre derived products from Australia

Freight forwarding/freight forwarders

Freight forwarders act as independent agents to facilitate the shipments of exported goods. As an agent of the exporter (either directly or through an export broker or agent), the forwarder becomes the port representative for the exporter. The freight forwarder oversees and coordinates the movement of the export shipment. The exporter pays for the freight forward or shippings costs which may include FOB end user or FOB vessel. Free on Board (FOB) refers to the requirement that the recycler or export broker or agent delivers at their costs the exported goods via a specific route to a destination designated by the end user of the end-of-life tyres.

Landfilling Disposing of tyres to landfill

Pneumatic tyres A tyre made of reinforced rubber and filled with compressed air

Pyrolysis plant Facility that recycles tyre through thermal decomposition in the absence of oxygen

Retreading Retread, also known as "recap," or a "remold" is a re-manufacturing process for tires that replace the tread on worn tires.

Stockpiling Bulk storage of tyres

1 Revised technical guidelines for the environmentally sound management of used and waste pneumatic tyres, 2013. Revised final version (31 October 2011) As adopted by the tenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (decision BC-10/6)


1. Introduction

The vast majority of Australia’s end-of-life tyres are currently disposed of through landfill, exported, stockpiled, illegally dumped or have an unknown fate. Only a small proportion of end-of-life tyres are recycled (for use as a civil engineering product or an industrial/consumer product produced from granulated or crumbed rubber), used as a fuel for energy (as tyre derived fuel) or within the emerging pyrolysis industry within Australia.

The export of end-of-life tyres for use as a fuel (referred to as TDF or tyre-derived fuel) in particular has risen significantly in recent years due to low barriers to entry and traditionally cheap freight costs between Australia and Asia. At present, more than 30% of end-of-life tyres are exported as TDF compared to just 5% of material which is recycled domestically.

Given the domestic market for tyre-derived products in Australia remains relatively weak compared to the international market for TDF, the export of tyres and tyre derived products remains one of the best commercial options for collectors and recyclers to dispose of tyres. However, it is recognised that some exported tyres are primarily burned for fuel in an environmentally unsustainable way or used within poor performing pyrolysis plants with limited environmental and pollution management systems.

Tyres and tyre derived products that are exported, and irrespective of their end use, could be subject to use or processing in countries with less stringent environmental controls, safety levels or human health standards. For TSA accredited manufacturers, importers and retailers this poses a risk to their brand and the reputation of the industry. There are also legal, environmental and social and geographical risks to the collection and recycling industry operating both domestically and exporting to international destinations.

The export of TDF (including chipped tyres and whole baled tyres) is permitted under the Scheme on the proviso that participants can provide suitable evidence that the material is being managed in an environmentally sound way as defined by the Tyre Product Stewardship Scheme Guidelines. To assist Scheme participants, and also third party intermediaries such as export brokers and agents, in understanding their obligations related to the export of end-of-life tyres, TSA has developed a Best Practice Guideline for Downstream Vendor Management and Verification (herein referred to as the “DSV Guidelines”).

2. About the DSV Guidelines

The purpose of the DSV Guidelines is to enable collectors and recyclers to identify and manage downstream verification as required by the Scheme. The DSV Guidelines are a systematic approach to enable the checking and verification of the downstream use of end-of-life tyres. It applies to uses within Australia as well as the export of tyres and tyre derived products to international markets from Australia for environmentally sound use 2.

The DSV Guidelines have been developed to enable accredited Scheme participants to understand the necessary legal and other requirements relating to appropriate domestic use and export activities.

Inappropriate uses include:

• disposal through dumping, landfill, direct incineration or burning; • stockpiling as an end point; • unsustainable burning for energy recovery from of end-of-life tyres • export of baled tyres for the above operations.

The DSV Guidelines provide a basis for accredited participants to review their practices and provide assurance to the TSA that the tyres are being put to an environmentally sound use that does not pollute the environment and enables tyres and tyre derived products to be used as a resource in an appropriate manner.

The risks associated with the domestic and export of tyres and tyre derived products have been based on the 2 The TSA defines environmentally sound use as follows:

I. recycling into tyre crumb, shred, chips, granules, steel and other tyre components; II. use as a fuel (other than in direct incineration without effective energy recovery and unsustainable burning for energy recovery)

or other means to generate energy; III. production of tyre derived products, including tyre derived fuel; (iv) civil engineering.


waste hierarchy. The order of preference for the proper management of tyres and tyre derived products follows:

Figure 1. Waste hierarchy and re-use and disposal pathways

3. Consultation process

Prior to release of the DSV Guidelines for public comment (i.e. this current version of the document), consultation has been undertaken with both accredited Scheme participants and other industry representatives (including brokers and traders of tyres and tyre derived products); State and Commonwealth Government environmental agencies; and Immigration and Border Protection departments, in order to determine what information is currently available, requested or obtained from industry participants relating to the re-use of tyres and tyre derived products.

Furthermore, the consultation process also provided the opportunity to review what information would be valuable to understand supply chain activities and the available evidence that could be used to ensure the tyre and tyre derived products end up being used for the intended environmentally sound use.

4. Tyre processing and domestic re-use and export opportunities

The recovery and disposal pathways for tyres and tyre derived products can be wide and varied depending on the application and end-use opportunities.

Tyres and tyre derived products that fall within the scope of these guidelines include:

• Whole and baled tyres (where they are not exported for reuse or re-treading). • Tyre derived fuel (i.e. shredded tyres) for domestic and export markets:

o Energy recovery (i.e. co-processing for use within cement kilns). o Energy generation (i.e. incineration for use in power plants).

• Domestic tyre use for re-use and re-treading. • Pyrolysis (thermal decomposition in the absence of oxygen) for the recovery of steel, fuel oil and/ or

syngas for energy recovery and activate carbon or carbon black – both domestically (emerging) and internationally.

• Domestic civil engineering products (structural and road and train beds). • Domestic industrial and consumer products derived from granulation/crumbed rubber (i.e. for road

applications, flooring and playground surfaces).

Avoidance

Reuse

Recycling

Recovery of energy

Treatment

Containment

Disposal

Seconds, casings and retreading

Granulation and crumb products

Co-processing (kilns) Incineration (power plants)

Pyrolysis

Direct incineration or burning Landfilling Stockpiling as an end point Illegal dumping

Most preferred

Least preferred


Figure 2, below shows a number of the pathways including those considered as part of the development of these guidelines.

Figure 2. Tyre processing and domestic re-use and export pathways


5. Regulations relating to the domestic recovery and disposal and exportation of tyres from

Australia

5.1 Domestic recovery and disposal regulations

Control of the recovery and disposal of tyres and tyre derived products (including transportation) within Australia is regulated at State and Territory level.

These regulations relate to the handling and storage, transportation, end-of-life use and disposal, fire safety and other environmental management aspects relating to operating a tyre processing facility.

A list of the relevant legislation for waste tyres (including collection, storage and processing) by jurisdiction is presented in Appendix A.

In relation to energy recovery and the emerging pyrolysis technology, a number of states have released guidance material of the siting, design and construction of processing facilities and environmental controls which would apply to facility emissions relating to processing of waste (which would include tyres and tyre derived products). Victoria has published Guidelines, Western Australia has a Position Statement and New South Wales has developed a Policy Statement for energy from waste. However, there are no national standards or guidelines for the processing of waste to energy.

Further due diligence is required by retailers to ensure that the end use conforms with state based regulations of guidelines. Relevant evidence and information that can be used to ensure that tyres are being used in an environmentally sound manner is presented in Section 6.1.6.

5.2 Regulations relating to export of tyres and tyre derived products

The export of tyres and tyre derived products must be undertaken in accordance with Australia’s obligations under the Basel Convention, the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and with the regulations and policies of the recipient country.

The Act deals with the export of B3080 Waste parings and scrap rubber and B3140 Waste pneumatic tyres, excluding those destined for Annex IVA operations cause them to exhibit Annex III characteristics.

Further information on the regulations applicable to Australia’s obligations relating to the export of tyres and tyres derived products can be found in Appendix B.

A summary of the international export requirements is presented as follows:

5.3 Australia’s obligations

As a signatory to the Basel Convention, Australia is required to only export waste to countries that can be managed in an environmentally sound manner in the country of import.

The waste which is intended to be disposed of or are required to be disposed must be done in accordance with the provisions of national law within the country accepting the waste (the importer). The environmentally sound management of hazardous or other wastes must be managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes.

Tyres and tyre derived products are not 'hazardous waste' for the purposes of the Basel Convention, where they are being used as fuel (other than in direct incineration) or recycled and are not subject to the Basel control procedure.

While the Basel Convention does not define waste tyres as a List A hazard, it identifies toxic properties and the known hazards from waste tyres and transboundary movements as a result of improper processing for recovery and disposal and therefore can be subject to the Basel control procedure.

Countries receiving waste can also inform the Secretariat of the Basel Convention that it considers or defines tyres as hazardous under its national legislation and of any requirements and therefore not accept the transboundary movement of such wastes into their country.


If a country has not informed the Secretariat, however can confirm the environmentally sound use of end of life tyres within their country, then a written notification between the relevant parties can be used to fulfil the export and import of tyres provided they are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes.

The Department of the Environment administers and implements the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The Act was developed to enable Australia to comply with specific obligations under the Basel Convention to control the international movements of hazardous wastes.

As a member of the Organisation for Economic Co-operation and Development (OECD), Australia is required to adhere to the transboundary movement procedures identified by the Decision Recommendations.

Green list wastes do not typically exhibit hazardous characteristics and are deemed to pose negligible risks for human health and the environment during their transboundary movement for recovery within the OECD area.

Unless a waste has been specifically prohibited by a country they may require an Annex VII form to accompany a waste shipment. Where it has been defined as a green list waste local import controls must be observed.

Wastes falling under the Amber control procedure usually, but not always, exhibit one or more hazardous characteristic(s). Due to their hazardousness or other reason they may pose a risk for human health and the environment during their transboundary movement for recovery within the OECD area and are therefore subject to specific control procedures under the OECD Decision.

If the waste is characterised as Amber, then specific notification and consent must be obtained from the receiving country.

An example of the list of controls on exports of Green list waste to non-OECD countries under the EU directive has been provided in Appendix B. This should be used as guidance to demining specific controls that might be in place for export of waste tyres.

Under the Waigani Convention an exporting party is required to notify, or require the generator or exporter to notify, in writing, of any proposed transboundary movement of hazardous wastes to the Pacific Islands region

Prior to the export of waste tyres and tyre derived products to the Pacific Island region the ban, partial ban or consent required must be reviewed or obtained.

5.4 Exporter obligations and reporting requirements

The Australian Government Department of Immigration and Border Protection controls the exportation of goods from Australia. The exportation of goods may be prohibited absolutely, prohibited in specified circumstances, prohibited to specified places, or prohibited unless prescribed conditions are complied with. Goods must be reported to Immigration and Border Protection before being taken on board the ship or aircraft on which they are to be exported.

Goods may not be exported, or loaded on a ship or aircraft for export, unless they have been entered for export (some exemptions apply) and the Department has given approval to export by means of a "cleared" Export Declaration Number (EDN).

Export declarations provide Customs and Border Protection with details about goods intended for export. Information entered into Integrated Cargo System (ICS) is used to issue an Export Declaration Number (EDN).

5.5 Classification and import codes

The Australian Harmonized Export Commodity Classification (AHECC) system is used to classify goods for export and applies to every shipment that is exported from Australia.


AHECC codes that are applicable to the export of end-of-life tyres and tyre derived products include the following:

40030000 Reclaimed rubber, in primary forms or in plates, sheets or strip, whether or not mixed with virgin rubber or other added substances, provided that the product has the essential character of reclaimed rubber

40040000 Waste, parings and scrap of rubber (excl. of hard rubber (HS 4017)) and powders and granules obtained therefrom

40061000 Camel-back strips, of unvulcanised rubber, for retreading rubber tyres, whether or not compounded

40121100 Retreaded pneumatic rubber tyres, of a kind used on motor cars (incl. station wagons and racing cars)

40121200 Retreaded pneumatic rubber tyres, of a kind used on buses or lorries

40121300 Retreaded pneumatic rubber tyres, of a kind used on aircraft

40121900 Retreaded pneumatic rubber tyres (excl. those of a kind used on motor cars (incl. station wagons and racing cars), buses, lorries and aircraft)

40122000 Used pneumatic rubber tyres, whether or not subject to recutting or regrooving

40129000 Solid or cushion tyres, interchangeable tyre treads and tyre flaps of rubber

These classifications must be used when completing the exportation declaration within the Integrated Cargo System (ICS) and accompany any information such as Bills of Lading documentation.

5.6 Exportation arrangements and contracts

It has been identified that there a two main types of arrangements that recyclers of end-of-life tyres use for the export of tyres and tyre derived products from Australia. These arrangements being:

• Direct buyer/seller contract with the end user for the export of tyres or tyre derived products • Export broker or agent who may represent either the recycler or end user of the end-of-life tyres acting

in-between the buyer and seller.

Either of these arrangements may or may not require a freight forwarder as an intermediary partner. However, as they are an important element to international exportation and shipping they have been included in these guidelines for completeness.

Depending on terms of sale the freight forwarder may organise for the required export declaration, import/export license, cargo clearance permit, bills of lading, letter of authorisation or other consignment documentation in addition to the terms of payment. They will co-ordinate the shipping route including the export/dispatch country and port any transit locations and the final import/destination country and port which may or may not include insurance certificates for the cargo shipped.

If it is the responsibility of the freight forwarder to obtain this information, then it is the responsibility of the recycler/export to request copies of the documentation and maintain these for verification purposes.

6. Aspects relating to the domestic recovery and disposal and exportation of tyres and tyre

derived products

6.1 Evidence pertaining to the export of tyre and tyre derived products

Australia’s obligations under the Basel Convention and the requirements for exporters of wastes under the Hazardous Waste (Regulation of Exports and Imports) Act, the Waigani Convention and the OECD Decision Recommendations, means exporters should require that specific information be obtained from the receiving country irrespective of the buyer and seller arrangements.


The following table has been prepared to assist the recycler, export broker or agent or freight forwarder of tyre and tyre derived products identify the source of the information. This is in order to request and obtain the relevant level of assurance that the international movements of tyres are controlled and that the exported tyres are managed in an appropriate manner.

The following key has been used demonstrate the requirements to obtain and retain key information to enable the verification of downstream vendors.

Evidence required to be retained by the recycler/exporter.

Evidence required to be obtained prior to transport/shipping.

Evidence required to be forwarded to the recycler/exporter following receipt or use (i.e. for energy recovery, energy generation, pyrolysis or re-use) of the tyres and tyre derived products by the end user.

Evidence required to be forwarded to the recycler/exporter and maintained for life of the contract period for the end use of the tyres and tyre derived products.

Where a direct relationship with the end-user does not exist, then the recycler should request all of the necessary information from the export broker or agent. Information relating to other parties to the relationship (for example secondary brokers or agents) should also be obtained and reconciled against the primary agent or broker activities.

The responsibility for maintaining evidence remains with the recycler operating within Australia. Evidence is in relation to export/import activities including notification and consents, export declarations, sales documentation and other end-use evidence which could be used to verify the legitimacy of the relationship and environmentally sound use of end-of-life tyres

Failure to obtain and maintain evidence of one or more of these sources of information may lead to de-accreditation from the TSA.

6.1.1 Evidence of import countries (Basel Convention)

Information

source/evidence

Requirements to obtain the necessary evidence/documentation

Recycler/exporter Export broker or agent Freight forwarder

Review the list of export against the Controls on Exports of Green List Waste to non-OECD Countries (Appendix A).

Review the Green List Waste for specific controls in place for the exported tyres and tyre products. Where the country is not listed, undertake further research and investigation into what requirements may exist for the export. Evidence should be obtained from the relevant regulatory authorities from the receiving party.

Control measures in place for the export of Green list waste relevant to the list of export countries.

Green list controls Use the Annex VII form & local import controls must be observed.

Evidence relating to the final end use to forwarded to the recycler/exporter.


Information

source/evidence



Written notification and consent must be obtained from the relevant regulatory authority from the receiving party.

Must be maintained for the contract period.

Must be maintained for the contract period.

6.1.2 Tyre and product form

Controls measures may be in place for certain forms of tyres or tyre derived products. For example, whole tyres may be prohibited from being imported, whereas there may not be a ban in place on the import of tyres that have had the bead cut rendering the tyre incapable of being re-used (for example).

Consideration needs to be given to the form of the tyre for export and whether transboundary movements are controlled. Tyre and product forms include:

• Whole tyres • Modified whole tyres (i.e. the tyre is not capable of being re-used due to one bead that has been cut or

a section of the sidewall has been removed) • Baled tyres • Tyre shred • Tyre crumb

Information

source/evidence



Evidence that whole tyres (or modified whole tyres), baled tyres or tyre derived products are allowed to be imported in the exported form.

Undertake further research and investigation into what requirements may exist for the export of tyre and tyre derived products. Evidence should be obtained from the relevant regulatory authorities from the receiving party.

Evidence to be forwarded to the recycler/exporter.

Evidence to be forwarded to the recycler/exporter.


6.1.3 Export declaration from Australia

Information

source/evidence



Export declarations including Export Declaration Number (EDN) for each shipment and monthly reports from the Integrated Cargo System (ICS).

To be reconciled against monthly sales/purchase orders and receipts and shipping consignments

To be forwarded to the recycler/exporter

To be forwarded to the recycler/exporter

6.1.4 Current/future sales contract documentation/agreements

Information

source/evidence



Contract relating to the supply of tyres and tyre derived material. Contract to specify the amounts, period of supply and document final end use including country and location of the import destination. The form of the export whether it be shred, baled or whole tyres is to be documented.

Contract documentation to be maintained and reconciled against shipping documentation

Evidence relating to the final end use to forwarded to the recycler/exporter

Evidence of the final destination of the products to be maintained for the contract period

6.1.5 Sales/remittance documentation

Information

source/evidence



Monthly sales/purchase orders and receipts.

To be reconciled against sales contract documentation /agreements and shipping documentation

Evidence relating to sales/purchases to forwarded to the recycler/exporter

Evidence of shipping receipts to be forwarded to the recycler/exporter


6.1.6 Export bill of ladings for monthly export sales

Information

source/evidence



Bills of lading to be obtained including loading/receival dates and transport consignment numbers

To be reconciled against monthly sales/purchase orders and receipts

Shipping evidence to be forwarded to the recycler/exporter

Shipping evidence to be forwarded to the recycler/exporter

6.2 Evidence to support the environmentally sound use of end-of-life tyres within Australia and

other evidence pertaining to the legitimacy of end-use in export markets

Other evidence that can be used to verify the legitimacy downstream vendors and product end-use should be obtained and maintained by the recycler/exporter for the contract period. These aspects are both applicable to both domestic use and export markets.

It may be requested from the export/broker where the direct relationship with the end-user does not exist.

6.2.1 Exact location of end use

The location of the final destination of the tyres or tyre derived products should be ascertained by the recycler/exporter by reference of facility address and or geolocation where the products may have been used for civil engineering purposes. The final location in addition to the import/destination location should be matched for accuracy in the case of exported products and all environmental permits, licences, accreditations or systems should reference the final location and all operational activities.

6.2.2 Description of end use

A description of the final end use of the tyres and tyre derived products should match the description of the processing activities, location of the facility and be referenced in the relevant permits, licences, accreditation or system documents. Monthly throughput volumes should be provided as evidence of the plant/process capacity. Photographic evidence of the processing facility should be obtained to verify that it accepts tyres and tyre derived products in the form that recycler/exporter provides it in. Other photographs that should be obtained could include recieval area showing material being unloaded, general factory floor conditions and the front of the building displaying the business name and relevant contact details.

6.2.3 Destruction / use certificates

Where required evidence of destruction certificates should be provided to demonstrate that the tyres or tyre derived products have been processed and can no longer be re-used. The form of destruction (i.e. energy recovery, energy generation, pyrolysis etc.). These should be matched to monthly sales/purchase orders and receipts and be verified against production throughput volumes.


6.2.4 Environmental permits / licenses / accreditations / systems

In relation to the domestic recovery the end-user is required to meet the legislative requirements outlined in Appendix A. When the specific end use of the tyre and tyre derived products include baling or landfilling then appropriate evidence must be produced these are the most sustainable end use options given the existence of other markets and opportunities for re-use. Where tyres are exported relevant documentation relating to the level of appropriate licencing and permits is required to be obtained from the receiving facility. These may include environmental licences, transport licences, licences to operate, emission and monitoring standards (including stack testing results), annual regulatory reporting and environmental statements in line with the import/destination country legislative requirements. Production/processing capacity of the facility should be clearly detailed and reconciled against volumes of material exported. The licence should also clearly define if the facility is permanent or temporary and the date of approval and/or date of expiration of the licence or specific operational conditions. The licence should also include a number of key documents including site location and layout and in the case of energy generation, recovery or pyrolysis plants system diagrams and emission reduction (i.e. scrubber) system design and specifications. The facility should have an appropriate and adequate training programme for site personnel operating at the facility. The facility should also have an active emergency management plan and post closure plan. Evidence that the end-user operates to minimum or best practice environment protection standards should be obtained.

6.2.5 Occupational health and safety measures

The facility should have sufficient measures to ensure the safeguard the occupational health and safety of site personnel and adhere to any regulatory requirements around minimum or best practice human health protection standards.

6.2.6 Industry or association accreditation(s)

Industry or association accreditations can be used to verify that the end user has achieved or maintains an operational standard that is consistent with industry best practice. Evidence that should be obtained could include yearly performance reporting against industry or association standards or expectations, action plans, resource recovery performance indicators or awards/recognitions. The industry association should be independent of the operating company to ensure that any claims that are made are not self-claims and have been independently verified for authenticity and accuracy. Any claims against a label or program should also be reviewed to ensure that fairly represents the industry and is again not a self-claim.


6.2.7 Secondary broker details (if applicable) for legitimacy

Information relating to the activities of secondary brokers or agents operating on behalf of the recycler/exporter should be obtained and verified to ensure that the destined end use of the tyre and tyre derived products are as intended by the contractual arrangments. Information relating to the use intermediary parties should reflect the primary contracts. Where any documentation is developed and submitted by the secondary broker or agent this should be forwarded and maintained by the recycler/exporter. Information could include sales remittance, import or export declaraions and internal transportation documentation. This should be maintained by the recycler/exporter to the term of the contract.

6.2.8 Other evidence (photos).

Other evidence could include georeferenced photo’s that have been captured at the import/destination port clearing showing the shipping container no’s and then at the receiving facility again clearly showing the containers arriving and being unloaded for processing. Shipping containers numbers should be referenced against bills of lading, consignment notes and export and import declarations to demonstrate that each container arrived at the contracted final destination for processing.

6.3 Transparency and confidentiality of sales and contract information

Given the confidential nature of arrangements between collectors/recyclers and intermediary brokers or agents (primary or secondary) and the final destination of the tyres and tyre derived products there may be a requirement to remove commercially sensitive information such as pricing (sales/cost) details.

The following will be required at a minimum to satisfy that the material has gone to an environmnentally sound use:

• Export Declaration Number (EDN) for each consignment. • Bills of lading including loading/receival dates and transport consignment numbers. • Written notification and consent from the relevant regulatory authority from the receiving party. • Environmental licences, transport licences, licences to operate, emission and monitoring standards

(including stack testing results), annual regulatory reporting and environmental statements in line with the import/destination country legislative requirements.

• Site location and layout and in the case of energy generation, recovery or pyrolysis plants system diagrams and emission reduction (i.e. scrubber) system design and specifications.

• Sales/purchase orders and receipts with pricing details removed. • Contract to specify the amounts, period of supply and document final end use including country and

location of the import destination (with pricing details removed).


Appendix A – Tyre management by jurisdiction

Victoria

Tyre storage regulations Environment Protection (Scheduled Premises and Exemptions) Regulations 2015 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/C729EEA6CD963AF7CA257E27001D2AA8/$FILE/15-025sra%20authorised.pdf Waste Management Policy (Storage of Waste Tyres) 2014 http://www.gazette.vic.gov.au/gazette/Gazettes2014/GG2014S139.pdf Premises that store more than 40 tonnes or 5,000 waste tyres are required to obtain a works approval and/or licence from EPA Victoria. • Businesses already storing more than 40 tonnes or 5,000 EPU of waste tyres had until

29 October 2015 to apply to EPA Victoria for a licence to continue their waste tyre storage operations.

• Businesses that do not currently store waste tyres but are proposing to store more than 40 tonnes or 5,000 EPU of them will need to apply to EPA Victoria for a works approval (to build the site), prior to applying for a licence (to operate).

http://www.epa.vic.gov.au/business-and-industry/guidelines/waste-guidance/storage-of-waste-tyres-in-victoria

Transportation The transportation of waste tyres is not currently legislated in Victoria.

End-of-life use/disposal Environment Protection Act 1970 http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/ltobjst9.nsf/DDE300B846EED9C7CA257616000A3571/B42E2FAEFC97B051CA257E760000B9E4/$FILE/70-8056aa192%20authorised.PDF Waste Management Policy (Siting, Design and Management of Landfills) 2004. http://www.gazette.vic.gov.au/gazette/Gazettes2004/GG2004S264.pdf Under section 27A (2) of the Environment Protection Act 1970, it is an indictable offence to dump or deposit industrial waste on a site that is not licensed to receive such waste. The EP Act provides for levies to be paid in relation to each tonne of waste deposited at a landfill. Waste tyres attract the standard landfill levy. To be accepted however, the Waste Management Policy (Siting, Design and Management of Landfills) specifies that they must be shredded into pieces no greater than 250mm in any direction. Unacceptable reuse or disposal of used tyres include: • erosion control works • fences • artificial reefs • to assist burning of other wastes (eg. stumps, dead stock) • drains constructed from half-tyres • dumping or burial at unlicensed premises

Energy from Waste Guideline (Publication 1559) http://www.epa.vic.gov.au/~/media/Publications/1559.pdf

The Guideline outlines how the Environment Protection Act 1970 (‘the Act’) and associated statutory policies and regulations are applied to the assessment of proposals that recover energy from waste.

The document provides high-level guidance for industry, government and the community on EPA Victoria’s (EPA) expectations and requirements for the siting, design, construction and operation of such facilities.

Fire safety requirements The Country Fire Authority (CFA) and Metropolitan Fire Brigade (MFB) have published guidelines for the safe storage of tyres for both outdoor and indoor locations. http://www.cfa.vic.gov.au/fm_files/attachments/Publications/Fire_Services_Guideline_Ope


n_Air_Storage_of_New_or_Used_Tyres.pdf http://www.cfa.vic.gov.au/fm_files/attachments/Publications/Fire_Services_Guideline_Indoor_Storage_of_New_or_Used_Tyres.pdf Operators are required to undertake a fire risk assessment which will determine all fire hazards at the site, determine the likelihood that a fire will occur, and then determine the consequences of a fire incident in terms of fire safety, property protection and the environment. The tyre storage area must be adequately bunded or contained so that, in the event of a fire, no contaminated water is allowed to escape beyond the property boundaries. Operators should develop and document an emergency plan and tactical fire plan in addition to emergency procedures. Operators are required to ensure equipment is maintained or easily accessible to contain and manage emergency incidents. Operators of fork lift equipment should be trained in the use of Self Contained Breathing Apparatus (SCBA) and appropriately trained in the site emergency plan and emergency response procedures. Storage pile sizes should be minimised to restrict the available fuel in the event of a fire: • Maximum pile dimensions of 20m long x 6m wide x 3m high is recommended. • A minimum separation distance of 20m between piles is recommended, but is not

guaranteed to prevent fire spread. • Storage pile heights should be determined by the stability of the pile and must not

exceed 3m. • Separation distance of storage piles to buildings will depend on the building

construction. For buildings without appropriate fire resistant construction, this distance should not be less than 20m.

• Separation distance to boundaries facing public roads should be not less than 6m, and not less than 20m to the far boundary of the public road.

• Separation distance between the edges of storage piles to other boundaries should be no less than 20m.

The premises fire service is required to comply with Australian Standard (AS 2419.1) or be in accordance with the requirements of the CFA or MFB.

Other environmental

management aspects

Licence and works approval process must include the development of location and site plans, operational activity documentation, development of a fire risk assessment and management plan and environmental impact risk assessment. Licensed sites must develop a monitoring program and submit an annual performance statement. Licence holders must lodge an annual performance statement (APS) with the EPA each year. The licence holder must indicate whether it has complied or not with each licence condition. Licence holders must notify EPA at the earliest practicable moment as soon as they become aware of: • any discharge to air, water or land that is not covered in their licence • an imminent threat to the environment or human health • a situation that may affect or generate complaints from neighbours • any other breach of their licence obligations

Local development

approvals/applications

Local planning guidelines vary across each state and local government area. Specific guidance as to whether planning/development applications are required should be directed to the local government area.

New South Wales

Tyre storage regulations Protection of the Environment Operations (Waste) Regulation 2014 http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2014-666.pdf A licence is required under the Protection of the Environment Operations Act 1997 to


store more than 5 tonnes of waste tyres (being casings, seconds, shredded tyres or tyre pieces) or 500 waste tyres at any time or a business involved processing more than 5,000 tonnes of waste tyres per year.

Licences require compliance with NSW Fire Brigade Storage Guidelines.

Transportation Section 143 of the Protection of the Environment Operations Act 1997 (POEO Act) requires that waste must be transported to a place that can lawfully accept it.

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+156+1997+cd+0+N

If a facility recovers, recycles, processes or stores waste, it is liable for the waste levy. The premises were also required to install a weighbridge by 1 February 2016 to accurately record waste movements. Development or building approvals might be required before a business can install a weighbridge. http://www.epa.nsw.gov.au/resources/wasteregulation/150489-waste-levy-guidelines.pdf

Tyres that are transported to interstate destinations are required to be tracked in accordance with laws in NSW.

Tyre consignors, transporters and facilities receiving waste tyres must report the movement of waste tyres within NSW to the EPA.

Clause 76 of the Protection of the Environment Operations (Waste) Regulation 2014 requires generators and transporters of waste tyres to provide information to the EPA regarding the movement of any load in NSW of waste tyres greater than 200 kilograms or more than 20 waste tyres, whichever weighs less.

http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2014-666.pdf

Companies involved in with transporting, or arranging the transport of, waste tyres in NSW need to register for WasteLocate to report the movement of tyres within NSW.

https://wastelocate.epa.nsw.gov.au/register

End-of-life use/disposal The Protection of the Environment Operations Act 1997 requires that waste tyres must be transported to a place that can legally accept it. Whole tyres are not permitted to be landfilled in the Sydney and surrounding metropolitan areas. In regional and rural areas, the disposal of tyres to landfill is at the discretion of local government.

http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2014-666.pdf

The EPA has issued a resource recovery order and exemption to enable the lawful land application of waste tyres. http://www.epa.nsw.gov.au/resources/waste/rro14-tyres.pdf

http://www.epa.nsw.gov.au/resources/waste/rre14-tyres.pdf

NSW Energy from Waste Policy Statement (2015).

http://www.epa.nsw.gov.au/resources/epa/150011enfromwasteps.pdf

The NSW Energy from Waste Policy Statement encourages the recovery of embodied energy from waste while offsetting the use of non-renewable energy sources and avoiding methane emissions from landfill.

The Policy Statement sets out the considerations and criteria that apply to recovering energy from waste in NSW. It ensures this energy recovery:

• poses minimal risk of harm to human health and the environment • will not undermine higher order waste management options, such as avoidance, re-

use or recycling.

End-of-life tyres used only in approved cement kilns have been categorised as eligible


waste fuels.

Fire safety requirements The NSW Fire Brigades Guidelines for Bulk Storage of Rubber Tyres has minimum requirements for the storage of rubber tyres, including those in an open yard or within buildings and structure. https://www.fire.nsw.gov.au/gallery/files/pdf/guidelines/rubber_tyres.pdf Acceptable rubber tyre storage: • Bundled tyres – tyres strapped together in bundles and stacked together in a

system or on their sides • Pallet system – a system containing a number of tyres which includes stringers for

material handling equipment • Horizontal system – a system (pallets, shelving, racks) where tyres are stacked

upright along a horizontal length exceeding 1.5m • Laced storage (outside only) – tyres which are stacked overlapping to create a

woven or laced arrangement • Portable system – small portable systems that can be readily moved by fork lift

External tyre storage: • The site should be level, clear of all rubbish and combustible materials, and

enclosed by fences or walls constructed of non-combustible materials. • A hydrant system complying with AS 2419.1 should be provided when the total

quantity of outdoor storage will exceed 50 tonnes. • Individual tyre stacks should not exceed 3.7 m in height, 60 m2 in area and 12.5

tonnes in weight. • A maximum of four small individual tyre stacks can be grouped into a stack pile. A

minimum clear separation of 2.5m must be maintained between each stack. • A minimum clear separation of 18m must be maintained between each stack pile of

four small stacks.

Small tyre facilities (less than 50 tonnes) • Tyres should be stacked at least 6m from all non-combustible boundaries and

buildings, and 18m from combustible boundaries or buildings. • Tyre stacks must be at least 6m from the site boundary facing the public road.

Large tyre facilities (50 tonnes or more): • Tyre stacks should be at least 18m from any boundary or any building. • Any external tyre storage facility should have at least two site access points each

being not less than 4m wide.

Indoor tyre storage: • Buildings with a floor area of 2,000m2 or more and containing more than 20 tonnes

of tyres should have a sprinkler system complying with AS 2118.1. • Buildings with a floor area of 2,000m2 or more and containing more than 10 tonnes

of tyres should have smoke and heat vents complying with specification E2.2c of the Building Code of Australia (BCA) - Volume One.

• Individual tyre stacks within buildings should not exceed 3.7m in height and 30m2 in area.

• Stored tyres must remain at least 1m clear in all directions from the underside of the building’s roof or ceiling, roof structural members, lights (including light fixtures), and sprinkler heads.

• A minimum clearance of 1m must be maintained along paths of travel to required exits and firefighting equipment (e.g. hose reels, extinguishers, hydrants). The paths of travel must be kept clear and unobstructed at all times.

Unsprinklered buildings: • A minimum clearance of 3m should be provided between stacks.


• A minimum clearance of 3m should be provided between tyre stacks and any building structural member.

• Minimum containment runoff water containment capacity should be calculated at three hydrants operating simultaneously at 10 L/sec each for a period of 90 minutes.

Sprinklered buildings: • A minimum clearance of 2m should be provided between tyre stacks. • A minimum clearance of 1.5m should be provided between tyre stacks and any

building structural member. Provision should be made for the retention of contaminated water runoff. The minimum containment capacity should be calculated on the basis of two hydrants operating simultaneously at 10 L/sec each for a period of 20 minutes.

Local development



In NSW, a company wishing to start operating a waste tyre processing facility must first contact the local council and ensure the activity is permitted in the proposed location. Council will then refer the application to the NSW Environment Protection Authority (EPA) if required.

Queensland

Tyre storage regulations Transport, storage, recycling and disposal of regulated wastes are environmentally relevant activities (ERAs). Environmentally relevant activities that are prescribed activities are generally industrial activities. To conduct a prescribed ERA, companies require an environmental authority. Environmental Protection Regulation 2008, Schedule 2 https://www.legislation.qld.gov.au/legisltn/current/e/envprotr08.pdf Fire and Emergency Services Act 1990 https://www.legislation.qld.gov.au/legisltn/current/f/firearescsea90.pdf

Public Health Act 2005 https://www.legislation.qld.gov.au/legisltn/current/p/pubhealr05.pdf

The storage of tyres is not licensed. However, various other requirements are in place such as: • the Fire and Rescue Service Act which requires occupants of premises to ensure

the risk of a fire occurring at the premised is properly managed to mitigate the risk • the Public Health Act, which prescribes mosquitoes as a public health risk and

requires all persons to ensure that there is no breeding ground for mosquitoes through the accumulation of water

Tyre recycling facilities remain licensed – that is, commercial facilities that receive and recycle or receive and reprocess 1,000 or more equivalent passenger units of tyres, or parts of tyres, in a year.

The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises.

Transportation The transporting, recycling and disposing of regulated wastes are environmentally relevant activities. Code of environmental compliance under Schedule 3 of the Environmental Protection Regulation 2008 https://www.legislation.qld.gov.au/legisltn/current/e/envprota94.pdf


Companies who transport waste tyres must obtain a certificate of registration under the Code of environmental compliance, ERA 57—Regulated waste transport Threshold 1 – transporting tyres. A generator of trackable waste must not give the waste to another person to transport it commercially, or in a load of more than 250 kilograms, in a vehicle unless the other person holds, or is acting under, the required authority for transporting the waste in the vehicle. Code of environmental compliance, ERA 57—Regulated waste transport https://www.ehp.qld.gov.au/licences-permits/compliance-codes/pdf/code-waste-transport-em731.pdf

End-of-life use/disposal The Environmentally Relevant Activity (ERA) 60—Waste disposal, states that regulated waste is allowed to be disposed of at any licensed landfill. Companies that process waste tyres must obtain a certificate of registration under the Code of environmental compliance, ERA 59—Tyre Recycling – operating a facility on a commercial basis for receiving and recycling or receiving and processing 1,000 or more equivalent units of tyres, or parts of tyres in a year. https://publications.qld.gov.au/dataset/eligibility-criteria-and-standard-conditions-for-tyre-recycling-era-59-em1214/resource/7744116a-2f1e-4f86-9216-7262d1f77dd8 To be eligible to recycle tyres, a facility must meet the following conditions: • The facility is not within 500 metres of a residential premise, educational institution,

medical centre, hospital, a protected area under the Nature Conservation Act 1992, a public park or gardens.

• The facility is not in any category A or B environmentally sensitive area. • The facility is not in a high preservation, special floodplain management area or

floodplain management area in any declared wild river area. • The combustion of fuel, other than natural gases, does not exceed 500 kilograms

per hour. There is no release of aqueous waste from the activity to waters.

Fire safety requirements Queensland Government Gazette No. 78 (1 April 2011) pages 539 – 544 Fire and Rescue Service Act 1990 Fire and Rescue Service Act Requisition No. 1 2011 https://publications.qld.gov.au/storage/f/2013-02-21T230337/01.04.11Combined.pdf The requisition applies to any person who stores or stockpiles in excess of 500 tyres of any type and in any condition (new, second-hand, re-conditioned, scrap, shredded or crumbed) or their equivalent parts with a dimension exceeding 100 mm in the open. • Single stack tyre dimensions must not exceed the following:

o Maximum width of base – 5m o Maximum length of base – 45m o Maximum height – 3m o Maximum distance between stacks – 10 m o Average side slope – 1:1

• The longest dimension of a stack must be at right angles to the direction of the prevailing winds

• Multiple stacks may be separated by a protective wall with a fire rating of 4 hours provided that: o the protective wall protrudes 1.5 metres above the highest point and 1.5 metres

beyond the widest point to each side o only two stacks abut on the longest axis and two stacks on the shortest axis (i.e.

four individual stacks in any one group) o any individual stack must not exceed the dimensions specified above (except

that tyres may be stacked against such wall with a side slope batter only on the exposed sides)

o such groups of stacks do not exceed an aggregate width of 10 metres and an aggregate length of 90 metres

o such groups of stacks are separated from any other group of stacks, individual stacks of tyres or any combustible or flammable material including grass and weeds by a distance of 10 metres or more


• Machinery capable of creating a break 10 metres wide between burning and unburnt tyres must be kept on site 24 hours a day. A competent operator for this equipment must be available 24 hours a day.

• A system to have the operator on site within 20 minutes must be in place 24 hours a day. This system must be approved by the Commissioner, Queensland Fire and Rescue Service.

• A stockpile of sand or soil and the resources to load and transport it to the tyre storage site, and to place it on the tyre stacks must be readily available. The volume of sand or soil must be sufficient to completely cover the largest stack to a depth of 1 metre over the entire exposed surface area of the stack.

• A water supply system capable of delivering high volumes of water with minimum delay is required. The source may be reticulated town water or a dam.

• The on-site water reticulation system is to have the following characteristics: o A minimum of three standpipes with fittings approved by the Commissioner,

Queensland Fire and Rescue Service are to be located so that at least one is no closer than 50 metres and no further than 90 metres from any part of any stack and is up-wind or cross-wind no matter what the wind direction.

o Each standpipe is to be able to deliver 1,800 litres/minute when any two are operating. This flow rate must be able to be continuously maintained for a minimum of 3 hours.

o Three 30 metre lengths of 64 millimetre hose and fittings, one branch and one nozzle must be kept readily available at a specified Fire Point.

o This equipment is to be maintained in accordance with AS 1851 and to meet the specifications of the Commissioner, Queensland Fire and Rescue Service.

o If water is to be drawn from a dam, a volume of 648,000 litres must always be available for pumping.

o Provision should be made to contain firewater runoff. • More than one access point to the storage area shall be available to allow for

varying wind directions. A perimeter road shall be developed to aid security and access. All roads to, and lanes between stacks, shall be maintained in a condition suitable for Queensland Fire and Rescue Service vehicles.

• If water is to be drawn from a dam, a hard standing area of a design and location approved by the Commissioner, Queensland Fire and Rescue Service must be provided adjacent to the dam for the sole use of a Queensland Fire and Rescue Service pumping unit.

• A security system meeting the approval of the Commissioner, Queensland Fire and Rescue Service is to be provided.

A plan of action for a fire emergency must be developed. This plan must be approved by the Commissioner, Queensland Fire and Rescue Service.

Local development



South Australia

Tyre storage regulations Environment Protection Act 1993 http://www.legislation.sa.gov.au/LZ/C/A/ENVIRONMENT%20PROTECTION%20ACT%201993/CURRENT/1993.76.UN.PDF An environmental authorisation (works approval, licence or exemption) is required for the reception, storage, treatment or disposal of waste, other than in certain circumstances. In the case of waste tyres or tyre pieces, an environmental authorisation is not required if: • the tyres are handled solely for recycling or reuse and are not in quantities exceeding

five (5) tonnes per year (approximately 500 passenger vehicle tyres), or


• the EPA is satisfied that the waste or recycling depot will be conducted for such limited purposes that requiring an environmental authorisation would not be justified

Transportation Environment Protection Act 1993 http://www.legislation.sa.gov.au/LZ/C/A/ENVIRONMENT%20PROTECTION%20ACT%201993/CURRENT/1993.76.UN.PDF Under the Environment Protection Act 1993, an environmental authorisation is required to transport solid waste—including tyres— if transported for fee or reward. Licensed waste transporters must complete a waste tracking form (supplied by the EPA) identifying where tyres are collected and where they are taken. The form must be completed by the producer of the waste (in most cases the retailer), the licensed transporter and the licensed waste depot operator (the disposal operator).

End-of-life use/disposal The Environment Protection (Waste to Resources) Policy 2010 http://www.legislation.sa.gov.au/LZ/C/POL/ENVIRONMENT%20PROTECTION%20(WASTE%20TO%20RESOURCES)%20POLICY%202010/CURRENT/2010.-.UN.PDF The Environment Protection (Waste to Resources) Policy 2010 formally bans whole tyres from being disposed to landfill. An exception is earth mover tyres and those exposed to radioactive materials through mining. Should waste tyres be unsuitable for recycling or other uses, they can be shredded into pieces not larger than 250mm in any direction and can be deposited at a waste depot licensed to dispose of shredded waste tyres. The waste levy applies to tyres disposed of at landfills. Proposals for the structural use of waste tyres (such as barriers for sporting activities, erosion control or for silage production) involving more than five (5) tonnes of tyres per annum will require development approval from the planning authority. Following development approval, a completed licence application form must be submitted to the EPA before any environmental authorisation can be issued. In some circumstances, the EPA may be satisfied that an environmental authorisation is not required. EPA Guideline: Waste tyres (2010) http://www.epa.sa.gov.au/files/4771416_guide_tyres.pdf

The Interim Consultation Position Paper on Waste to Energy (Interim Position Paper), in combination with the Waste to Energy Background Paper, provides a platform for Zero Waste SA to commence dialogue with stakeholders and other relevant Government agencies with the aim of developing and securing endorsement to formulate a State Government position on waste to energy.

http://www.zerowaste.sa.gov.au/resource-centre/publications/waste-to-energy

Fire safety requirements General Guidelines for Rubber Tyre Storage issued by the South Australian Fire Authorities

https://www.mfs.sa.gov.au/public/download.jsp?id=71013

Used tyres should be stored in a manner that minimises risks to the environment and human health, therefore minimising the risk of fire. Tyre storage in buildings must comply with the Building Code of Australia, Part E of Book 1. Outdoor tyre storage must be arranged as piles of tyres or contained in metal cages, in rows not exceeding the dimensions set out below: • Storage heights should be determined by the stability of the pile and must not exceed

3 metres high due to the potential for instability. • “on-flat” or “laced” tyre storage will be employed for all outdoor tyre piles • Tyre piles shall be arranged in “thin” rows to assist firefighting operations and shall be

no more than 6 metres wide. • Tyre pile rows shall be no more than 20 metres in length to limit the total volume of

tyres contained in a pile to a maximum of 360m3.


• Tyre piles shall be arranged to provide suitable aisle separation in order to reduce the risk of fire spread between piles, and allow safe travel of fire appliances through the site. These aisles must remain clear at all times, be free from combustible materials and tyre scraps, and shall have a minimum width of 20 metres.

• Tyre piles shall be kept from allotment boundaries as follows: o Where the pile narrow ends face the boundary – 12 metres, and where the long

sides face the boundary – 20 metres. o Where the allotment boundary adjoins a public road affording perimeter fire

appliance access, the total applicable distance may include the far boundary of the roadway and should be not less than 3 metres.

o Where the allotment boundary is of fire resisting construction to a minimum height of 3 metres, the boundary distance may be reduced to a minimum of 6 metres.

o Separation distances of tyre piles from buildings on the same allotment shall be 12/20 metres (as applicable from above) where the building’s exposed facade is not protected.

o Where the building’s exposed facade is protected with an automatic fire sprinkler system in accordance with AS2118.1, or a wall wetting sprinkler system in accordance with AS2118.2, the separation distance may be reduced to 10 metres.

o Notwithstanding the requirements of AS2419.1, where the total storage volume on site is less than or equal to 750m3 (up to two piles as defined above), the facility shall have a hydrant system capable of providing simultaneous hydrant flows of two outlets (10l/s each).

o Large storage facilities where the total tyre storage volume on site is greater than 750m3, the facility shall have a hydrant system capable of providing minimum simultaneous hydrant flows of three outlets (10l/s each).

• Indoor storage: o Storage of tyres indoors shall be within open framed fixed or portable racking

systems, or palletised, and shall be arranged to prevent tyres from becoming dislodged and falling/rolling from the storage system.

o Buildings of greater than 500m2 floor area used as tyre storage facilities should be provided with the following fixed fire suppression/smoke hazard management provisions in addition to any other fire and life safety measures required by the Building Codes of Australia:

o Tyre storage >10 tonnes or 1000 tyres (whichever is the lesser) § permanent natural ventilation or automatic smoke hazard management systems

or automatic smoke and heat vents o Tyre storage >20 tonnes or 2000 tyres (whichever is the lesser)

§ automatic fire sprinkler protection and automatic smoke hazard management systems or automatic smoke and heat vents

• Bund walls, sealed kerbing and blind sumps/catchment pits should be provided to contain water run-off from the site during firefighting activities. o Non-sprinkler protected premises

§ The bunded capacity shall be designed to cater for a run off of not less than 30 litres a second (fire hydrant flows) for 90 minutes, which equates to 162,000 litres (162kl).

o Sprinkler protected premises

The bunded capacity shall be designed to cater for a run off of not less than the combined volume of 20 litres a second (fire hydrant flows) for 90 minutes (108kl) AND the design sprinkler system flow rate for 20 minutes.

Other environmental

management aspects

Tyres should be stored on a level site away from surface watercourses, flood zones and groundwater recharge points. The site should be securely fenced and have access gates wide enough to allow the entry of emergency vehicles.

Flammable or combustible liquids, hazardous wastes or other ignitable materials should not be stored close to tyre stockpiles.

Local development Local planning guidelines vary across each state and local government area. Specific guidance as to whether planning/development applications are required should be


approvals/applications directed to the local government area.

Western Australia

Tyre storage regulations Environmental Protection Regulations 1987 http://www.slp.wa.gov.au/pco/prod/filestore.nsf/Documents/MRDocument:22433P/$FILE/EnvPRegs1987_01-00-00.pdf?OpenElement Environmental Protection (Controlled Waste) Regulations 2004 http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:26787P/$FILE/Environmental%20Protection%20(Controlled%20Waste)%20Regulations%202004%20-%20[01-a0-01].pdf?OpenElement

Both the Environmental Protection Act 1986 and the Waste Avoidance and Resource Recovery Act 2007 have provisions that can be relevant to the control of used tyre waste.

Up to 500 tyres can be stored at a tyre fitting business (or at a place connected with one) or up to 100 tyres can be stored in any other place.

Any premises storing more than 500 tyres per year are required to obtain a licence.

Transportation The Environment Protection (Controlled Waste) Regulations 2004 governs the licensing requirements regarding the transportation of waste tyres. http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:26787P/$FILE/Environmental%20Protection%20(Controlled%20Waste)%20Regulations%202004%20-%20[01-a0-01].pdf?OpenElement Used tyres are a controlled waste, as listed in Schedule 1 of the Environmental Protection (Controlled Waste) Regulations 2004, and as such, permitting and tracking of used tyres is required when transported from commercial premises. The commercial transport of used tyres from any premises must be conducted by a licensed controlled waste carrier. Failure to ensure this occurs is an offence by the premises manager under Western Australian legislation. Furthermore, under Western Australian legislation, records of any controlled waste movement away from any premises must be retained for at least 3 years.

End-of-life use/disposal Environment Protection Regulations 1987 http://www.slp.wa.gov.au/pco/prod/filestore.nsf/Documents/MRDocument:22433P/$FILE/EnvPRegs1987_01-00-00.pdf?OpenElementDisposal of used tyres is partially restricted in Western Australia within the Tyre Landfill Exclusion Zone in and around the Perth Metropolitan Area. Tyres may be disposed of by incineration if emissions do not exceed certain levels, or if they are approved by the Chief Executive Officer. Disposal by burying batches of tyres needs to occur at a waste disposal site licensed under the Health Act 1911 or with approval from the Chief Executive Officer. There needs to be a minimum soil cover of 500mm, and a minimum 100mm of soil separation distance between tyre batches. Tyre volume must not exceed 40m3 of reduced tyre pieces or 1000 whole tyres or must have been already in a dump existing at the commencement of the Environmental Protection Amendment Regulations (No. 3) 1992. Under the Environmental Protection Act 1986, it is an offence to discharge or abandon waste into water to which the public has access or into any place other than water to which the public has access. Waste Authority: Tyres legislation (2013) http://www.wasteauthority.wa.gov.au/publications/tyres-legislation

Waste Authority Waste to Energy Position Statement (May 2013)

http://www.wasteauthority.wa.gov.au/media/files/documents/W2E_Position_Statement.pdf

Fire safety requirements In Western Australia, there are no prescribed Essential Fire Safety Measures provisions other than those outlined in Part I1 of the Building Code of Australia (BCA) for new


buildings.

Best practice would dictate that AS1851-2005 should be the standard all Fire Services Providers should be using for the inspection, testing and maintenance of fire safety measures in the absence of any legislation. There is no requirement at this time for display or submission of annual certificates or statements. Applicable OH&S legislation would apply and building owners and managers are still responsible for the health and safety of all occupants and visitors in their buildings.

Local development



Tasmania

Tyre storage regulations Environmental Management and Pollution Control (Waste Management) Regulations 2010 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B104%2B2010%2BAT%40EN%2B20150818000000 Landfills licensed by EPA Tasmania have licence conditions specifying that they must not openly store end-of-life tyres at any place in excess of 200 EPU, unless: • storage is in accordance with reuse options, • as otherwise approved, or • it is at a place that is a legitimate tyre-fitting business (cannot exceed 500 EPU/year)

A number of temporary tyre stockpiles have site-specific conditions within local planning instruments. Any facility using chemical (or similar means) to process large amounts of waste tyres would be assessed and regulated by EPA as a level 2 Activity. The EPA licence for any such facility would include conditions around tyre storage.

Transportation The transportation of tyres is regulated by the Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010.

http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B12%2B2010%2BAT%40EN%2B20150831000000

The regulation requires the registration of controlled waste handlers and therefore all parties involved with the production, transportation and receiving of tyres.

End-of-life use/disposal Environmental Management and Pollution Control (Waste Management) Regulations 2010 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B104%2B2010%2BAT%40EN%2B20150818000000 As a listed controlled waste, tyres may only be accepted at secure landfills, unless at the discretion of the Director of the EPA, where they may be accepted at putrescible landfills. Whole tyres are prohibited from going to landfill and must be shredded. Under the Landfill Sustainability Guide 2004, tyres may be stockpiled and managed separately as long as the stockpile does not exceed 500 tyres and is stored in individual piles of 150 tyres or less. Their disposal can only occur at landfills with specific approval from the EPA. It should be noted however, that this is not legally enforced and is a recommended guideline for landfill operators in Tasmania. http://epa.tas.gov.au/Documents/Landfill_Sustainability_Guide_2004.pdf

Fire safety requirements General Fire Regulations 2010 http://www.thelaw.tas.gov.au/tocview/content.w3p;doc_id=+136+2010+AT@EN+20120903000000;rec=0

Local development Local planning guidelines vary across each state and local government area. Specific guidance as to whether planning/development applications are required should be


approvals/applications directed to the local government area.


Appendix B – Regulations relating to the exportation of tyres from Australia

Basel convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal puts an onus on exporting countries to ensure that hazardous wastes are managed in an environmentally sound manner in the country of import.

The Basel Convention which entered into force on 5 May 1992 stipulates that transboundary movement of wastes (export, import or transit) are permitted only when the movement itself and the disposal of the hazardous or other wastes involved are environmentally sound.

The Basel Convention places obligations on countries that are party to The Convention, including Australia, to:

• Minimise generation of hazardous waste; • Ensure adequate disposal facilities are available; • Control and reduce international movements of hazardous waste; • Ensure environmentally sound management of wastes; and • Prevent and punish illegal traffic.

The Basel Convention 3 defines wastes as “substances or objects which are disposed of or are intended to be disposed of or are required to be disposed of by the provisions of national law”. In paragraph 4, it defines disposal as “any operation specified in Annex IV” to the Convention. In paragraph 8, it defines the environmentally sound management of hazardous wastes or other wastes as “taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes”.

All transboundary movements of hazardous wastes which are destined for operations according to Annex IVA are prohibited.

Annex IVA operations are operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses.

Section A encompasses all such disposal operations which occur in practice, such as

D1 Deposit into or onto land, (e.g., landfill, etc.)

D2 Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc.)

D3 Deep injection, (e.g., injection of pumpable discards into wells, salt domes of naturally occurring repositories, etc.)

D4 Surface impoundment, (e.g., placement of liquid or sludge discards into pits, ponds or lagoons, etc.)

D5 Specially engineered landfill, (e.g., placement into lined discrete cells which are capped and isolated from one another and the environment, etc.)

D6 Release into a water body except seas/oceans

D7 Release into seas/oceans including sea-bed insertion

D8 Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A

D9 Physico chemical treatment not specified elsewhere in this Annex which results in final compounds

3 Revised Technical guidelines for the environmentally sound management of used and waste pneumatic tyres, Revised Final Version (31 October 2011) as adopted adopted by the tenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (decision BC-10/6)


or mixtures which are discarded by means of any of the operations in Section A, (e.g., evaporation, drying, calcination, neutralization, precipitation, etc.)

D10 Incineration on land

D11 Incineration at sea

D12 Permanent storage (e.g., emplacement of containers in a mine, etc.)

D13 Blending or mixing prior to submission to any of the operations in Section A

D14 Repackaging prior to submission to any of the operations in Section A

D15 Storage pending any of the operations in Section A

Hazardous and other wastes should, as far as is compatible with their environmentally sound management, be disposed of in the country in which they were generated. Transboundary movements of such wastes are permitted only:

(a) If conducted under conditions that do not endanger human health and the environment; (b) If exports are managed in an environmentally sound manner in the country of import or elsewhere; (c) If the country of export lacks the technical capacity and the necessary facilities to dispose of the wastes in question in an environmentally sound and efficient manner; (d) If the wastes in question are required as a raw material for recycling or recovery industries in the country of import; or (e) If the transboundary movements in question are in accordance with other criteria decided by the parties.

Parties can exercise their right to prohibit the import of hazardous wastes or other wastes for disposal under Article 4, paragraph 1, by informing the other parties of their decision. Paragraph 1 (a) states: “Parties exercising their right to prohibit the import of hazardous or other wastes for disposal shall inform the other parties of their decision pursuant to Article 13”. Paragraph 1 (b) states: “Parties shall prohibit or shall not permit the export of hazardous or other wastes to the parties which have prohibited the import of such waste when notified pursuant to subparagraph (a)”.

Article 1 defines the types of waste subject to the Convention. Subparagraph (a) of that article sets forth a two-step process for determining whether a waste is a hazardous waste subject to the Convention: first, the waste must belong to one of the categories of Annex I to the Convention, and second, the waste must possess at least one of the characteristics listed in Annex III to the Convention.

It should be noted that a party is not bound by the definition of hazardous waste (and other residues) established by the Convention and each party is free to decide whether it considers a specific waste to be “hazardous” for the purpose of the Convention, pursuant to its national legislation.

For the purpose of these guidelines tyres and tyre derived products are not 'hazardous waste' for the purposes of the Basel Convention, where they are being used as fuel (other than in direct incineration) or recycled and are not subject to the Basel control procedure.

Australia’s legislation controlling the export of hazardous waste does not specifically consider tyre and tyre derived products (whole and processed tyres) as hazardous waste unless they are destined for final disposal (which does not include energy recovery). Therefore, the import, export and transit of waste tyres are generally allowed if the product does not fall under Annex IVA which specifies "operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses is recovered and not landfilled, illegally dumped or stockpiled as an endpoint.”

The export of baled tyres is considered to fall under paragraph vii of The Basel Convention in the absence of evidence for the environmentally sound use of end of life tyres as defined in paragraphs (i) - (iv).

While the Basel Convention does not define waste tyres as an Annex VII List A hazard, it identifies toxic properties and the known hazards from waste tyres and transboundary movements as a result of improper processing for recovery and disposal and therefore can be subject to the Basel control procedure.


Under Article 3 of the Basel Convention, however, a party may inform the Secretariat of the Basel Convention of wastes, other than those listed in Annexes I and II, which are considered or defined as hazardous under its national legislation and of any requirements concerning transboundary movement procedures applicable to such wastes.

In the absence of a party informing the evidence for the environmentally sound use of end of life tyres may include a copy of a written contract between the relevant parties provided they are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes.

Australian Hazardous Waste (Regulation of Exports and Imports) Act 1989

The Department of the Environment administers and implements the Act. The Act was developed to enable Australia to comply with specific obligations under the Basel Convention to control the international movements of hazardous wastes.

The main functions performed by the Department in relation to hazardous waste export and imports include:

• Processing of export, import and transit permit applications under the Act; • Ensuring compliance and enforcement with the Act; • Preparing, implementing and amending legislation relating to the international movements of

hazardous waste to, from or through Australia; • Formulating and implementing policies relating to the international movements of hazardous waste to,

from or through Australia; • Providing administrative assistance to the Hazardous Waste Technical Group which has been

established to provide guidance to the Department on hazardous waste management; • Participating in International forums such as the Basel Convention and OECD (Organisation for

Economic Cooperation and Development) which deal with the international movements of hazardous waste; and

• Consulting, preparing and providing information to stakeholders on the Act and the permit process.

The Department of the Environment is the official competent authority for Australia under the Basel Convention and this function is administered by the Hazardous Waste Section.

As waste shipments may only take place between countries which are Parties to the Basel Convention, except where a specific arrangement exists with a non-Party under Article 11 of the Basel Convention. An Article 11 arrangement is implemented in Australia through a particular set of Regulations. There are two sets of these Regulations:

• The Organisation for Economic Cooperation and Development (OECD) Decision Regulations which control all movements for recovery operations within the Organisation for Economic Cooperation and Development (OECD) area; and

• The Waigani Convention Regulations covers countries in the South Pacific region.

Organisation for Economic Cooperation and Development (OECD) Decision Regulations

The Organisation for Economic Co-operation and Development (OECD) has produced a Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes

As a member, Australia is required to adhere to the transboundary movement procedures. A copy of the manual can be found here:

http://www.oecd.org/env/waste/42262259.pdf

The waste lists determining wastes subject to control are harmonised with the Basel Convention. Annexes II, VIII and IX of the Basel Convention have been allocated two categories of waste requiring different levels of control when destined for recover in another OECD member country.


Wastes falling under the Green control procedure are listed in Appendix 3 to the OECD Decision (see Annex A). These wastes do not typically exhibit hazardous characteristics and are deemed to pose negligible risks for human health and the environment during their transboundary movement for recovery within the OECD area.

Wastes falling under the Amber control procedure are listed in Appendix 4 to the OECD Decision (see Annex A). These wastes usually, but not always, exhibit one or more hazardous characteristic(s). Due to their hazardousness or other reason referred to in Appendix 6 to the OECD Decision, they may pose a risk for human health and the environment during their transboundary movement for recovery within the OECD area and are therefore subject to specific control procedures under the OECD Decision.

Controls on Exports of Green List Waste to non-OECD Countries

The following table has been taken from a guidance document for waste shipments under the EU directive which lists Green-listed wastes (i.e. not controlled under Basel) from the EU to a non-OECD country that are subject to EU notification if the destination country has an import ban (irrespective of whether the country has notified the Basel Secretariat that it considers the waste hazardous under legislation implementing the Basel Convention).

Although it should be noted that EU requirements do not apply in Australia the following list has been adopted as the basis for determining where there could be specific controls in place that would warrant further research and investigation into what requirements may exist for the export of end-of-life tyres and tyre derived products.

Green list waste codes include the following classifications from the Basel Convention.:

• B3080 Waste parings and scrap of rubber • B3140 Waste pneumatic tyres, excluding those destined for Annex IVA operations.

Country Control Measures

Bangladesh Prohibited

Bosnia Herzeg. Green list controls using the Annex VII form & local import controls must be observed.

Brazil Prohibited

Bulgaria Written notification and consent

Czech Rep. Green list controls using the Annex VII form & local import controls must be observed.

China Prohibited

Chinese Taipei Written notification and consent

Egypt Written notification and consent

Ghana Written notification and consent

Hong Kong Green list controls using the Annex VII form & local import controls must be observed.

Hungry Green list controls using the Annex VII form

Iran Written notification and consent

India Green list controls using the Annex VII form & local import controls must be observed.

Indonesia Green list controls using the Annex VII form & local import controls must be observed.

Latvia Green list controls using the Annex VII form

Lithuania Green list controls using the Annex VII form

Malaysia Written notification and consent

Nigeria Written notification and consent

Pakistan Prohibited

Philippines Prohibited


Country Control Measures

Poland Green list controls using the Annex VII form

Romania Written notification and consent

Qatar Prohibited

Russia Prohibited

Serbia Green list controls using the Annex VII form & local import controls must be observed.

Singapore Written notification and consent

Slovakia Green list controls using the Annex VII form

Slovenia Green list controls using the Annex VII form

South Korea4 Green list controls using the Annex VII form

Sri Lanka Written notification and consent

Tanzania Written notification and consent

Thailand Prohibited

UAE Prohibited

Ukraine Written notification and consent

Vietnam Prohibited

Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999

The Waigani Convention was established to ban the importation into forum island countries of hazardous and radioactive wastes and to control the trans-boundary movement and management of hazardous wastes within the South Pacific Region.

The Waigani Convention is similar to the Basel Convention, with the exception that the Waigani Convention does include radioactive wastes, and applies only to the Pacific Islands region. The Region's obligations under the Waigani Convention are similar to that under the Basel Convention. There are currently thirteen Pacific Region countries who are signatories to the Waigani Convention.

As Australia is a Party to the Waigani Convention, it is obliged to:

• Ban the exportation of hazardous and radioactive wastes to parties of the Convention; • Prohibit shipment to and from non-Parties, unless there is a special agreement; and • Follow established procedures for the trans-boundary movement of hazardous waste to other Parties

for environmentally sound disposal.

Under Article 6 of the Waigani Convention the exporting Party shall notify, or shall require the generator or exporter to notify, in writing, through its competent authority, the competent authority of the countries concerned of any proposed transboundary movement of hazardous wastes. Such notification shall contain the declarations and information specified in Annex VI A of this Convention, written in a language acceptable to the importing Party.

Department of Immigration and Border Protection - Customs Regulations

The role of Department of Immigration and Border Protection in the exportation of goods is to:

• ensure that all goods being exported from Australia are reported as required; • administer controls on behalf of permit issuing agencies on the export of restricted or prohibited

goods; and

4 Note, South Korea (Republic of Korea) is a member of the OECD.


• gather information regarding the nature and volume of exports to assist government and industry in policy and decision-making.

Part VI of the Customs Act 1901 (the Act) provides the legislative basis for Immigration and Border Protection control over the exportation of goods. The exportation of goods may be prohibited absolutely, prohibited in specified circumstances, prohibited to specified places, or prohibited unless prescribed conditions are complied with. Goods must be reported to Immigration and Border Protection before being taken on board the ship or aircraft on which they are to be exported.

The specific regulations and control of exported products are outlined in Volume 12 of the Export Control Manual

https://www.border.gov.au/Exportinggoods/Documents/111026volume12version5.2.pdf

Goods may not be exported, or loaded on a ship or aircraft for export, unless they have been entered for export (some exemptions apply) and the Department has given approval to export by means of a "cleared" Export Declaration Number (EDN).

Export declarations provide Customs and Border Protection with details about goods intended for export. The Integrated Cargo System (ICS) processes the information provided and issues an Export Declaration Number (EDN).

Requirements for completing Export Declarations are provided in the following reference document:

https://www.border.gov.au/Exportinggoods/Documents/completingexportdeclarations.pdf

Goods for export are classified in accordance with the Australian Harmonized Export Commodity Classification (AHECC). The AHECC is maintained by the Australian Bureau of Statistics (ABS) and applies to every shipment that is exported from Australia.

AHECC codes that are applicable to the export of end-of-life tyres and tyre derived products include the following:

• 40030000 - Reclaimed rubber, in primary forms or in plates, sheets or strip, whether or not mixed with virgin rubber or other added substances, provided that the product has the essential character of reclaimed rubber

• 40040000 - Waste, parings and scrap of rubber (excl. of hard rubber (HS 4017)) and powders and granules obtained therefrom

• 40061000 - Camel-back strips, of unvulcanised rubber, for retreading rubber tyres, whether or not compounded

• 40121100 - Retreaded pneumatic rubber tyres, of a kind used on motor cars (incl. station wagons and racing cars)

• 40121200 - Retreaded pneumatic rubber tyres, of a kind used on buses or lorries • 40121300 - Retreaded pneumatic rubber tyres, of a kind used on aircraft • 40121900 - Retreaded pneumatic rubber tyres (excl. those of a kind used on motor cars (incl. station

wagons and racing cars), buses, lorries and aircraft) • 40122000 - Used pneumatic rubber tyres, whether or not subject to recutting or regrooving • 40129000 - Solid or cushion tyres, interchangeable tyre treads and tyre flaps of rubber

It should be noted that the requirements of the Hazardous Waste Act are not mirrored in the Customs (Prohibited Imports) Regulations 1956 nor the Customs (Prohibited Exports) Regulations 1958.

Australian Border Force officers are not classified as inspectors under s42 of the Hazardous Waste Act although, under s53, they must “provide reasonable assistance” to the inspector in relation to the exercise of those powers. The responsibility for inspecting any export loads should they be found to be incorrect is the responsibility of Hazardous Waste Section of the Department of the Environment.

The Department has recently (July 2015) released the Australian Trusted Trader program which is a voluntary accreditation programme that recognises secure and compliant industry supply chain practices.


This programme is a partnership between government and business underpinned by shared responsibility and transparency. It aims to streamline and facilitate trade and enhance supply chain security. Accreditation is available to all Australian businesses big and small who are active in the international trade supply chain and meet or exceed the required standards.

Businesses that demonstrate that they meet requirements relating to supply chain security and a history of trade compliance will be formally recognised as low-risk and accredited as Trusted Traders consistent with international standards, the Australian Trusted Trader aligns with the World Customs Organization’s Standards to Secure and Facilitate Global Trade (the SAFE Framework).

It is anticipated that Australian Trusted Trader will be fully operational from 1 July 2016. More information on the program can be found here:

https://www.border.gov.au/Busi/Trus