Notice of Application from Hydromet Corporation Pty Limited to export lead waste and scrap derived from used lead acid batteries to Poland (AUH16-017)

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the improper management and disposal of hazardous waste, particularly in the context of international trade. The Act empowers the Australian government to regulate the export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner and do not harm human health or the environment. The policy objective of the Act is to prevent and minimise the transboundary movement of hazardous wastes, particularly to developing countries, and to promote the responsible management of waste through international cooperation. The Act was introduced by the Australian Parliament to fill the gap in existing legislation that did not adequately address the risks associated with the export and import of hazardous waste. The notice of application received under the Act highlights the government's commitment to regulating the movement of hazardous waste and facilitating public participation in the decision-making process.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the management of hazardous waste movement across Australia's borders, ensuring that exports and imports of such wastes are conducted in an environmentally sound manner. This Act applies to any person or entity seeking to export or import hazardous waste, including but not limited to industrial waste producers, waste management companies, and transport operators. The scope of the Act extends nationally and involves international transactions where hazardous waste is exported from or imported into Australia. The Act imposes obligations on applicants to obtain permits for hazardous waste exports, ensuring that the waste is managed in accordance with international and national standards, particularly under the Basel Convention. The Act’s jurisdiction is reinforced through the issuance of subordinate instruments that can extend or restrict its application, allowing for detailed regulation of specific types of waste and practices. Notably, the Act excludes certain types of waste from its purview, such as radioactive waste, which is governed by other specific legislative frameworks. The application received from Hydromet Corporation Pty Limited for the export of lead waste to Poland is a clear instance of the Act's application, demonstrating the necessity for thorough scrutiny and adherence to the legislative requirements.

Key Provisions

The main sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to the notice of application AUH16-017 (section 33) pertain to the notification requirements for the export of hazardous waste. Under section 33, the Act requires that any person intending to export hazardous waste must lodge an application with the Department of the Environment. This application must include specific details about the waste, the intended recovery operation, and the destination country. Section 34 then stipulates that once the application is received, the Department must publish a notice of the application in the Gazette, providing the public with an opportunity to comment on the application within a set timeframe, in this case, 28 days. The obligations imposed by the Act on Hydromet Corporation Pty Limited, as the applicant, include providing all necessary information regarding the hazardous waste, the proposed recovery operation, and the details of the importer in Poland. Hydromet must ensure that the waste is properly classified according to the Basel Convention, which in this case is listed as Basel Code A1020 for lead waste and scrap derived from used lead acid batteries. Additionally, the applicant must comply with any conditions set by the Department during the review process and respond to any queries or concerns raised by the Department or members of the public. Failure to comply with the requirements of the Act, including providing incomplete or inaccurate information, can result in serious consequences. Under section 55, the Act provides that any person who contravenes an order made by the Minister can be liable to a civil penalty of up to $66,000 for a corporation and $6,600 for an individual, as well as potential criminal penalties. Specifically, section 56 outlines that a person who exports hazardous waste in contravention of the Act can be fined up to $660,000 for a corporation and $66,000 for an individual. Moreover, if the waste causes environmental harm, further penalties and liabilities under other environmental legislation may apply, compounding the repercussions for non-compliance.