Dodd & Dodd Group Pty Ltd and Minister for the Environment

The Administrative Appeals Tribunal reviewed a decision by the Minister for the Environment to refuse an application by Dodd & Dodd Group Pty Ltd for a permit to export approximately 6,000 tonnes of used lead acid batteries (ULAB) to the Republic of Korea for recycling. The applicant, which collects scrap metals and ULAB in Western Australia, had previously had mixed success with similar export applications. Objections to the current application were lodged by other companies asserting their capacity to process the ULAB within Australia.

The Tribunal was required to determine whether the refusal to grant the export permit was the correct or preferable decision. This involved considering the applicant's compliance with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cth) and its associated regulations, particularly in light of Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Key issues included whether the ULAB could be disposed of safely and efficiently in Australia, whether such disposal would be consistent with the environmentally sound management of waste, and whether the refusal was justified under the discretionary powers provided by the regulations.

The Tribunal affirmed the refusal, exercising its discretion under regulation 16(4) of the OECD Regulations. The reasoning was that the ULAB could be processed safely and efficiently within Australia, aligning with the principle of environmentally sound waste management. The Tribunal considered it desirable to utilise Australian facilities for hazardous waste disposal, thereby reducing transboundary movements of such waste, which is consistent with Australia's international obligations under the Basel Convention, specifically articles 4.2(b), 4.2(d), and 4.9(a). Consequently, the decision to refuse the export permit was upheld.