NOTICE OF APPLICATION RECEIVED UNDER THE
HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that application AUH15-070 has been received from Century TS Pty Ltd, 45/19-25 Shirley Street, Carlingford NSW 2122: + 64 9 579 2603.
The application relates to the export of up to 2000 tonnes of used lead acid batteries
(Basel Code 1160) to the Republic of Korea for recovery operation R4 – Recycling/reclamation of metals and metal compounds at SEGI Recycling Technology Co. Limited, South Korea.
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by email to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the applicant and should not contain commercial-in-confidence information.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
16 November 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a regulatory framework for the export and import of hazardous waste in Australia, ensuring that such activities do not pose a risk to human health or the environment. This Act was introduced to address the growing concern over the improper disposal and management of hazardous waste, which can have detrimental effects on both domestic and international environments. The policy objective of this legislation is to safeguard public health and the environment by controlling the movement of hazardous waste across borders, in alignment with international conventions such as the Basel Convention. The Act is administered by the Australian Parliament, which enacts the necessary legal provisions to implement and enforce these regulations. The notice of application received under this Act serves as a public announcement, enabling stakeholders to provide feedback on the proposed export of hazardous waste, thereby facilitating transparency and public participation in the regulatory process.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the management and regulation of hazardous waste exports and imports within Australia. The Act applies to any person or entity intending to export or import hazardous waste, including businesses and corporations. It mandates that written applications for permits to export hazardous waste, such as used lead acid batteries, must be submitted to the relevant authorities, with the specified details of the waste and the intended recovery operations. This Act reaches across the Commonwealth of Australia, ensuring that all exports and imports of hazardous waste are managed uniformly. However, the Act does not specify exclusions or exemptions for particular types of hazardous waste or specific industries, and it allows for the application to be extended or restricted through subordinate instruments issued by the Minister. This ensures that the Act can adapt to new developments in hazardous waste management and international standards.
Key Provisions
The primary operative sections of the notice include the formal receipt of the application AUH15-070 (section 33), which outlines the details of the export application and invites public comment on it. This section also specifies the nature of the hazardous waste being exported, in this case up to 2000 tonnes of used lead acid batteries, and the intended recovery operation in the Republic of Korea. The application details are necessary to inform the public and stakeholders about the specifics of the export, including the type of hazardous waste and the intended processing operation overseas.
The obligations and requirements imposed by the Act on Century TS Pty Ltd include the submission of a detailed application to the Department of the Environment, which must include the type and quantity of hazardous waste, the destination country, and the intended recovery operation. The company must also ensure that the proposed operation complies with both Australian regulations and the importing country's regulations. Additionally, Century TS Pty Ltd must facilitate the public comment period by allowing interested parties to submit their written comments to the Department within 28 days of the notice's publication. This transparency requirement is intended to ensure that all relevant stakeholders have an opportunity to voice their concerns or approvals regarding the export.
Any breach of the obligations or requirements outlined in the Act could lead to significant legal consequences. Although the notice itself does not explicitly detail specific offences or penalties, violations of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in substantial fines or even imprisonment, depending on the severity of the breach. The Act mandates strict adherence to the outlined procedures for exporting hazardous waste, and non-compliance can result in legal action being taken by the Department of the Environment or other relevant authorities. The exact penalties are not specified within the notice but are detailed in the Act itself, which would need to be referred to for precise information on potential sanctions.