Notice of application from Certified Destruction Services Pty Ltd for a permit to export waste printed circuit boards to the Republic of Korea for recovery of metals

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the growing problem of hazardous waste management, particularly concerning the transboundary movement of such waste. This Act provides a legal framework for the regulation of exports and imports of hazardous waste, ensuring that they are managed in a manner that protects human health and the environment. The policy objective is to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, to which Australia is a signatory, thereby preventing illegal traffic and promoting environmentally sound management of hazardous wastes. The Act was passed by the Australian Parliament, reflecting the nation’s commitment to international environmental standards and the protection of both domestic and global environments from the adverse effects of hazardous waste. This legislative framework is crucial in maintaining stringent controls on the export and import of hazardous substances, ensuring that they are handled responsibly and sustainably.

Scope and Application

The notice pertains to an application made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically by Certified Destruction Services Pty Ltd, trading as CDS Recycling. This Act governs the transboundary movement of hazardous waste, including its export and import, within Australia. The application in question involves the export of up to 150 tonnes of waste printed circuit boards, classified under Basel Code A1180, to the Republic of Korea for recycling operations. This export is to occur via sea transport from Brisbane to the Port of Busan in the Republic of Korea. The Act applies to entities like CDS Recycling, which are responsible for ensuring that the waste is managed in an environmentally sound manner. The scope of the Act is national, operating under the Commonwealth jurisdiction to regulate such hazardous waste movements. Any exclusions or exemptions from the application of the Act are not specified in this notice; however, the Act may extend or restrict its application through subordinate instruments as required. Interested parties are invited to submit their written comments to the Department of the Environment within 28 days from the date of the Gazette publication.

Key Provisions

Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the main operative sections of the legislation require that a notice be given when an application for the export of hazardous waste is received. In this instance, the notice informs the public that Certified Destruction Services Pty Ltd, trading as CDS Recycling, has applied for permission to export up to 150 tonnes of waste printed circuit boards (Basel Code A1180) to the Republic of Korea (Section 33). This application specifies the type of waste, the quantity, the destination, the method of transport, and the intended recovery operation at Korea Zinc Co Ltd. The obligations imposed by the Act on the applicant, Certified Destruction Services Pty Ltd, include providing detailed information about the waste, the proposed recovery operations, and the method of transport. The applicant must ensure that the waste is managed in a manner that does not harm human health or the environment, both in Australia and in the destination country. Additionally, the applicant must allow for public comment on the application and respond to any concerns raised. The Department of the Environment is tasked with reviewing the application and facilitating the public comment process (Sections 33 and 34). In terms of penalties and consequences, the Act does not explicitly state the penalties for non-compliance with the hazardous waste export regulations. However, breaches of the Act or the conditions of the permit could lead to enforcement actions, including fines and legal proceedings. The severity of the penalties would depend on the nature and extent of the breach, as well as any harm caused to human health or the environment. It is important for the applicant to adhere to the conditions of the permit and to comply with all relevant environmental and hazardous waste management regulations to avoid any potential enforcement actions.