Notice of Application from Hydromet Corporation Pty Limited to export lead waste and scrap (grid) derived from used lead acid batteries from New Zealand to Australia for recovery operations – AUH16-046

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste and to prevent illegal trade in such waste, thereby protecting human health and the environment. The Act was introduced to address the problem of hazardous waste being improperly managed and potentially causing significant environmental and health risks. The legislation was enacted by the Parliament of Australia and its policy objective is to ensure that hazardous waste is managed in a manner that minimises potential harm. The Act provides a framework for the regulation of hazardous waste movements across borders, ensuring that such waste is managed responsibly and in accordance with international conventions and agreements. This particular notice pertains to an application received by the Department of the Environment and Energy for the import of lead waste and scrap from New Zealand, indicating the Act's role in overseeing and regulating cross-border hazardous waste movements.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous and prescribed goods, with a specific focus on ensuring that such waste is managed in a manner that does not adversely affect human health or the environment. This Act applies to individuals and entities involved in the import or export of hazardous waste, including businesses like Hydromet Corporation Pty Limited, as evidenced by the application AUH16-046 for importing up to 100 tonnes of lead waste from New Zealand. The scope of the Act extends to all states and territories within Australia, thereby enforcing a national standard for hazardous waste management. Notably, the Act allows for the exclusion of certain types of waste from its purview through subordinate instruments, which can provide specific exemptions or additional regulatory measures. The Act’s jurisdictional reach is comprehensive, covering both the Commonwealth and the states and territories, ensuring a unified approach to the regulation of hazardous waste across the nation.

Key Provisions

The main sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 that pertain to this application are section 33, which mandates the notification of an application received by the Department of the Environment and Energy, and the specific provisions regarding the export and import of hazardous waste, including the need for a permit for the import of such materials. Section 33 (1) specifies that a notice must be given when an application has been received and section 33 (2) allows for public comment on the application. The permit application from Hydromet Corporation Pty Ltd pertains to the import of up to 100 tonnes of lead waste and scrap derived from Used Lead Acid Batteries (Basel Code A1020) from New Zealand. This application must comply with the requirements set out in the Act, including obtaining the necessary permit for the import and adhering to the outlined recovery operation, R4 – Recycling/reclamation of metals and metal compounds. The Act imposes various obligations and requirements on Hydromet Corporation Pty Ltd, including the submission of a detailed permit application that includes specifics of the waste to be imported, the proposed recovery operation, and the location of the facility in Victoria where the operation will take place. Additionally, Hydromet Corporation Pty Ltd is required to ensure that all operations comply with the environmental standards and regulations set out in the Act. The Department of the Environment and Energy also has obligations under the Act, including the assessment of the permit application, the consideration of any public comments received, and the issuance of a decision on the application. The Act outlines potential offences, penalties, and consequences for breaches. Section 49 of the Act specifies that failure to comply with a permit condition, or any other provision of the Act, can result in criminal and civil penalties. The maximum penalty for an individual offender under section 50 is AUD 5.5 million or imprisonment for up to 10 years, or both, for each offence. For corporate offenders, the maximum penalty under section 51 is AUD 27.5 million or both, depending on the severity and frequency of the offence. The Act also provides for the enforcement of compliance through administrative actions, including fines and court orders, and the potential for public disclosure of non-compliance.