Notice of application (AUH16-034) received from Dodd & Dodd Group Pty Ltd to export used lead acid batteries to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste to ensure that such activities do not pose a risk to human health and the environment. The Act aims to provide a framework for the management of hazardous waste exports and imports, ensuring they are carried out in an environmentally sound manner. The Act was introduced by the Commonwealth Parliament to address the gap in the regulation of hazardous waste movements, which was increasingly becoming a concern due to potential risks to human health and the environment. The policy objective of the Act is to control the transboundary movement of hazardous wastes in a way that protects human health and the environment against the adverse effects which may result from such movements. The Act allows for the regulation of hazardous waste exports and imports by requiring the approval of the Minister for the Environment for any such activities, ensuring that they are conducted in an environmentally sound manner.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export hazardous waste from Australia. This includes businesses, corporations, and individuals who wish to undertake such activities. The Act sets out the regulatory framework for the export and import of hazardous waste, aiming to ensure that these activities are managed in a manner that protects the environment and human health. The geographic reach of the Act is national, applying across all states and territories of Australia, and it also governs exports and imports involving foreign countries, as indicated by the application from Dodd & Dodd Group Pty Ltd concerning the export of used lead acid batteries to the Republic of Korea. The Act may extend or restrict its application through subordinate instruments such as regulations and guidelines issued by the Department of the Environment. The application process, as seen in the notice for application AUH16-034, allows for public comment and ensures transparency and community involvement in decisions regarding hazardous waste movements.

Key Provisions

The main operative sections of the notice, as per section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, inform the public that an application (AUH16-034) has been received by Dodd & Dodd Group Pty Ltd for the export of up to 7200 tonnes of used lead acid batteries to the Republic of Korea. This application pertains to a specific recovery operation, namely the recycling/reclamation of metals and metal compounds, which is classified under Basel Code A1160. The intended recipient of these hazardous materials is Kookjea Metallic Co Ltd. This notification is critical as it invites the public to submit written comments regarding the permit application within a 28-day window from the date of publication. The Act imposes several obligations on the parties involved. Firstly, Dodd & Dodd Group Pty Ltd must ensure that their application complies with all relevant provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This includes providing detailed information about the nature of the hazardous waste, the proposed recovery operation, and the destination country's regulatory framework. Additionally, the company must facilitate the public comment period by allowing interested parties to submit their feedback to the Department of the Environment. Furthermore, the company should be prepared to address any concerns raised by the public or the Department to demonstrate compliance and the environmental safety of the proposed operation. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in serious consequences. The Act delineates various offences and penalties for non-compliance. For instance, unauthorised exports of hazardous waste can lead to criminal charges, with potential penalties including fines of up to $660,000 for individuals and $3.3 million for corporations, as well as imprisonment terms. Additionally, civil penalties can be applied, with fines up to $66,000 for each day of non-compliance. These stringent measures underscore the importance of adhering to the Act's requirements to protect both the environment and public health.