NOTICE OF APPLICATION RECEIVED UNDER THE
HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that an application has been received from Hydromet Corporation Pty Limited, Level 9, Suite 903, 1 Castlereagh Street, Sydney, NSW 2000, Australia, to export up to 12 000 tonnes of lead waste and scrap from used lead acid batteries to Energy Networks Co. Ltd. in the Republic of Korea for recycling/reclamation of metals and metal compounds.
The transboundary movements would take place in up to fifty (50) shipments, during the time period stated in the permit, if granted.
The movements will leave Port Botany in Sydney by ship and go directly to the Port of Busan, Republic of Korea from where the waste will travel by road to the recycling facility.
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by
email to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the Applicant and should not contain commercial-in-confidence information.
Declan O’Connor-Cox
Delegate to the Minister
Waste Policy Branch
Department of the Environment
2 April 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, thereby addressing the need for stringent controls on transboundary movements of waste materials that could pose environmental and health risks. The Act was introduced by the Parliament of Australia to establish a robust framework for managing the export and import of hazardous waste, ensuring that such activities do not negatively impact human health or the environment. The primary policy objective of the Act is to prevent and mitigate potential risks associated with the transboundary movement of hazardous waste, thereby protecting both domestic and international communities. This legislative instrument ensures that hazardous waste is managed responsibly and in compliance with international standards, reflecting Australia's commitment to environmental protection and sustainable practices.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to export, import, or transport hazardous waste across Australian borders. This includes the export of lead waste and scrap from used lead acid batteries, as detailed in the notice of application received from Hydromet Corporation Pty Limited. The Act is a Commonwealth statute, meaning it applies across Australia and governs the management of hazardous waste in a way that protects human health and the environment from potential risks associated with transboundary movements of hazardous waste. The application by Hydromet Corporation Pty Limited to export lead waste to the Republic of Korea for recycling purposes is subject to the provisions of this Act, including the requirement for a permit and the opportunity for public comment on the proposed export. The Act does not specify exclusions or exemptions but relies on the assessment of risk and compliance with the permit conditions to regulate the export of hazardous waste. Subordinate instruments may further extend or restrict the application of the Act by providing detailed guidelines on the management and transportation of hazardous waste.
Key Provisions
The notice of application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) concerns Hydromet Corporation Pty Limited, which has applied to export up to 12,000 tonnes of lead waste and scrap from used lead-acid batteries to Energy Networks Co. Ltd. in the Republic of Korea. The waste is intended for recycling or reclamation of metals and metal compounds. The movement of this waste will occur in up to fifty shipments over a specified period, as outlined in the permit, if granted. The waste will leave Port Botany in Sydney by ship and will travel directly to the Port of Busan, Republic of Korea, from where it will be transported by road to the recycling facility.
The Act imposes certain obligations on Hydromet Corporation Pty Limited as well as on the importing entity, Energy Networks Co. Ltd. Hydromet must ensure that the waste is managed in a manner that does not pose a risk to human health or the environment during the export process. This includes adhering to all relevant guidelines and regulations concerning the transportation and handling of hazardous waste. Additionally, Hydromet must provide sufficient documentation and information to support the application, such as an export notification and a detailed description of the waste, its origin, and its intended use. Energy Networks Co. Ltd. must also comply with the importing country's regulations and ensure that the waste is processed in an environmentally sound manner.
Failure to comply with the provisions of the Act can lead to significant consequences. For Hydromet Corporation Pty Limited, non-compliance could result in the permit not being granted, which would prevent the export of the waste. Additionally, there could be civil and criminal penalties for contravening the Act. Under the Environmental Protection and Biodiversity Conservation Act 1999, individuals and corporations can face substantial fines and imprisonment. The maximum penalty for a serious contravention of environmental laws can be up to $210,000 for individuals and $1,050,000 for corporations, along with potential imprisonment of up to five years for individuals and seven years for corporations. These stringent measures underscore the importance of adhering to the Act's requirements to protect both human health and the environment.