Notice of application from PF Metals Pty Ltd to export powders from waste lithium batteries to the Republic of Korea - AUH16-042

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to establish a regulatory framework for the export and import of hazardous waste in Australia, addressing the problem of improper management and transboundary movement of hazardous materials. This legislation was introduced by the Commonwealth Parliament with the policy objective of protecting human health and the environment from the risks associated with hazardous waste. The Act aims to ensure that hazardous waste is managed in a manner that minimises potential harm, both domestically and internationally, by controlling the export and import of such waste. The gazetted notice of application under this Act, such as the one received from PF Metals Pty Ltd for the export of crushed waste lithium batteries to the Republic of Korea, highlights the Act's role in regulating the cross-border movement of hazardous materials and facilitating public participation in the decision-making process regarding such activities.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste, including specific types of waste such as powders from crushed waste lithium batteries, as outlined in the Basel Convention. This Act serves to regulate the movement of hazardous waste across international borders to ensure that such waste is managed in an environmentally sound manner and in accordance with international agreements. The application of the Act is not limited to particular industries but encompasses any entity engaging in the export or import of hazardous waste. It extends to all states and territories within Australia, thereby ensuring a national standard for the regulation of hazardous waste movements. The application received from PF Metals Pty Ltd, for the export of up to 200 tonnes of powders from crushed waste lithium batteries to the Republic of Korea, is an example of the Act's application. The application process involves public notification and the opportunity for written comments, highlighting the Act’s commitment to transparency and public participation. The Act's application can be extended or restricted through subordinate instruments, providing flexibility in its implementation.

Key Provisions

The main operative sections of the notice relate to the application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically pursuant to section 33 (1). This section mandates the publication of notice when an application is received concerning the export of hazardous waste, allowing the public to review and comment on the proposed export. In this case, the application AUH16-042 from PF Metals Pty Ltd involves the export of up to 200 tonnes of powders from crushed waste lithium batteries (Basel Code A1180) to the Republic of Korea for recycling operations at Sungeel Hitec Co., Ltd. This notice informs the public that the Department of the Environment and Energy has received the application and is inviting written comments within 28 days. The Act imposes several obligations and requirements on the parties involved. PF Metals Pty Ltd, as the applicant, must provide detailed information about the proposed export, including the type, quantity, and destination of the hazardous waste, as well as the recovery operation intended. The Department of the Environment and Energy is required to publish this notice to facilitate public scrutiny and ensure transparency in the approval process. Additionally, the Department must consider any written comments received during the 28-day period and decide whether to grant or refuse the permit based on the assessment of the application and the comments. The Act also specifies potential consequences for breaches of its provisions. Offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to both civil and criminal penalties. For example, knowingly making a false statement in an application can result in a fine of up to $1,650,000 for a corporation, as stipulated under section 34 (1). Additionally, the Department has the authority to impose administrative penalties for non-compliance, which can further include additional fines or other enforcement actions as deemed necessary. These penalties underscore the importance of accurate and truthful information in the application process to avoid severe legal repercussions.