Notice of Application from Hydromet Corporation Pty Limited to export lead waste and scrap derived from used lead acid batteries from Australia to Spain for recovery operations – AUH17-003

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the uncontrolled and unsafe movement of hazardous waste across international borders. This legislation was introduced by the Australian Parliament to regulate the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The policy objective of this Act is to prevent and control the transboundary movement of hazardous waste, promoting environmentally sound management and minimising the potential for illegal traffic and dumping. This notice of application under the Act pertains to a specific case where Hydromet Corporation Pty Limited has applied for permission to export a certain quantity of lead waste to Spain for recycling, and it invites public comments on the application within a specified timeframe.

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, including companies such as Hydromet Corporation Pty Limited, which in this case is applying to export lead waste and scrap derived from used lead acid batteries to Spain. The Act regulates the export and import of hazardous waste to ensure it is managed in an environmentally sound manner, with the aim of protecting human health and the environment from the potential risks associated with such waste. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia and applies to all hazardous waste exports and imports. The Act does not explicitly detail exclusions, exemptions, or specific thresholds; however, its application can be extended or restricted through subordinate instruments such as regulations and guidelines issued by the Department of the Environment and Energy. The notice provided highlights a particular instance where Hydromet Corporation has applied to export a specified quantity of hazardous waste, inviting public comment on the proposed export, which must be submitted within a stipulated timeframe.

Key Provisions

The main operative sections of the notice pertain to the application for the export of hazardous waste, as outlined in section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section mandates that when an application is made for a permit to export hazardous waste, the government must publish a notice of the application's receipt. This notice informs the public and stakeholders of the proposed export and invites them to provide their comments within a specified period. In this case, the notice refers to application AUH17-003, which was submitted by Hydromet Corporation Pty Limited, a company based in Unanderra, NSW, and it concerns the export of up to 6000 tonnes of lead waste and scrap, derived from used lead acid batteries, to Spain for recycling purposes at Exide Technologies SLU. The Act imposes certain obligations on the parties involved in the export of hazardous waste. Hydromet Corporation Pty Limited must have lodged the application with the Department of the Environment and Energy and provided detailed information about the waste to be exported, the intended recipient, and the proposed recovery operation. The Department is responsible for publishing the notice of the application's receipt and for managing the public comment period. Additionally, any person who wishes to comment on the application must do so within 28 days of the notice's publication, ensuring that their comments are submitted to the Director, Hazardous Waste Section, either by post or email. It is crucial that respondents bear in mind that their comments will be shared with the applicant, and thus, should not include any commercial-in-confidence information. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in various consequences, both civil and criminal. Under the Act, breaches can lead to penalties which may include fines and imprisonment. The Act does not specify maximum penalties within the notice itself, but generally, the penalties for contravening environmental protection legislation can be substantial, reflecting the seriousness of the potential environmental and public health risks associated with the improper handling of hazardous waste. The precise penalties for a breach of this Act would depend on the nature and severity of the offence, as well as other relevant factors that a court would consider in imposing a penalty.