Notice of application by MRI Australia Pty Ltd to export used mixed batteries to the Republic of Korea for metals reclamation

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the unregulated movement of hazardous waste across international borders, which posed significant environmental and health risks. The Act was introduced by the Australian Parliament to ensure that hazardous waste is managed in a way that protects human health and the environment, both domestically and internationally. It establishes a regulatory framework for the export and import of hazardous waste, aiming to prevent illegal traffic and to ensure that such waste is treated in a manner that minimises environmental harm. The policy objective of the Act is to protect the environment and public health from the risks associated with the transboundary movement of hazardous waste, aligning with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the transboundary movement of hazardous waste, including used mixed batteries, between Australia and other countries. This Act applies to entities such as MRI Australia Pty Ltd that seek to export hazardous waste from Australia. The application from MRI Australia Pty Ltd concerns the export of up to 500 tonnes of used mixed batteries to the Republic of Korea for recycling operations. The legislation is nationally applicable across Australia and adheres to international agreements, including the Basel Convention, which regulates the transboundary movement of hazardous waste. The application process involves scrutiny by the Department of the Environment, and the public is invited to submit comments on the proposed export within a specified period. The Act ensures that any transboundary movement of hazardous waste is conducted in an environmentally sound manner, safeguarding both Australian and international environmental standards.

Key Provisions

The primary sections of the legislation referenced in the notice include Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates the publication of the notice in the Gazette when an application for the export of hazardous waste is received. The application in question pertains to the export of up to 500 tonnes of used mixed batteries (Basel Code A1170) from MRI Australia Pty Ltd, an entity based in Campbellfield, Victoria. This export is intended for recovery operations, specifically recycling or reclamation of metals and metal compounds, to be conducted by ER Co Ltd in the Republic of Korea. The movement of the hazardous waste is planned to occur via sea transport from Sydney directly to the Port of Busan in Korea, in up to 30 shipments, contingent upon the approval of the permit. The Act imposes several obligations on the parties involved. Primarily, it requires that the application for the export of hazardous waste be submitted to the Department of the Environment, which, upon receipt, must publish a notice in the Gazette. This notice must include details of the proposed export, such as the type and quantity of waste, the exporter and importer, the recovery operation, and the route of the shipment. The Department is also tasked with inviting written comments from the public on the application, which must be submitted within 28 days of the notice's publication. These comments must be addressed to the Director, Hazardous Waste Section, and may be submitted either by mail or email. The Act underscores the importance of transparency by ensuring that the comments received are shared with the applicant, although it advises against including commercially sensitive information. In terms of consequences for non-compliance or breaches of the provisions under the Act, the notice itself does not detail specific penalties or legal consequences for breach. However, the Act generally provides for the enforcement of its provisions through administrative, civil, or criminal sanctions, depending on the nature and severity of the breach. Penalties can include fines, imprisonment, or both, and the specific sanctions are detailed in other sections of the Act not referenced in the notice. The enforcement of these penalties would be carried out by authorised officers under the Act who have the power to investigate, prosecute, and enforce compliance with the Act’s provisions.