Notice of application from Hydromet Corporation Pty Limited for a permit to export lead waste and scrap derived from used lead acid batteries from Australia to Spain for the recovery of metals

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The Act was introduced by the Australian Parliament to align with international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, aiming to control and reduce the movement of hazardous waste between nations, particularly from developed to less developed countries. The policy objective of the Act is to provide a regulatory framework that minimises the risk of harm to human health and the environment from the export and import of hazardous waste. The notice of application received under this Act highlights the process through which companies must seek approval for the export of hazardous waste, ensuring that such activities are transparent and subject to public scrutiny and expert evaluation.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the management and control of hazardous waste movements across international borders within Australia. This Act applies to entities and individuals engaged in the export or import of hazardous waste, including companies such as Hydromet Corporation Pty Limited, which have submitted applications for approval under the Act. The application in question involves the export of up to 6,000 tonnes of lead waste and scrap derived from used lead acid batteries to Spain for recycling. The Act's jurisdiction spans the Commonwealth level, meaning it regulates nationwide activities concerning hazardous waste exports and imports, ensuring compliance with international agreements such as the Basel Convention. The Act does not specify exclusions or thresholds within the gazetted notice itself but generally addresses various types of hazardous waste, subject to the permit process. Any further details regarding exclusions or specific criteria for approval would be detailed in subordinate instruments or the Act itself. Written comments on such applications can be made to the Department of the Environment, and these will be considered alongside the applicant's submissions.

Key Provisions

The key provision of the Gazetted notice pertains to the receipt of an application under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, the notice informs that application AUH15-056 from Hydromet Corporation Pty Limited has been received. This application concerns the export of up to 6,000 tonnes of lead waste and scrap derived from used lead acid batteries, classified under Basel Code A1020, to Spain for recycling operations at Azor Ambiental SA (section 33). This section allows the public to be informed of applications related to hazardous waste exports, thereby providing an opportunity for public scrutiny and comment. The Act imposes several obligations on Hydromet Corporation Pty Limited as the applicant, and on the Department of the Environment which is responsible for processing the application. Hydromet Corporation must provide detailed information about the waste, the proposed export, and the recycling operations, including the Basel Code classification and the identity of the recipient, Azor Ambiental SA. The Department, in turn, must review the application, consider any public comments, and decide whether to grant or refuse the permit within a specified timeframe (section 33). Additionally, Hydromet must ensure that the waste is managed in a manner that complies with all relevant environmental and hazardous waste regulations both in Australia and Spain. Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. If Hydromet Corporation fails to comply with the permit conditions or if it is found that the export of hazardous waste is not conducted in a manner that protects human health and the environment, it may face civil or criminal penalties. The Act allows for the imposition of fines and imprisonment for those found in violation of its provisions. Specifically, under section 127, a person who contravenes a direction given under the Act can be fined up to $1,260,000 for a company, or $252,000 for an individual, and/or imprisonment for up to five years. The seriousness of these penalties underscores the importance of strict compliance with the legislative requirements for the export of hazardous waste.