Notice of Application from TES-AMM Australia Pty Ltd to export up to 120 tonnes of waste dry cell alkaline and zinc carbon batteries

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper management and transboundary movement of hazardous waste, including hazardous waste that may be exported from Australia. This Act was introduced by the Parliament of Australia to ensure that the export and import of hazardous waste is conducted in a manner that protects human health and the environment, both in Australia and in other countries. The policy objective of the Act is to provide a regulatory framework that minimises the risks associated with the transboundary movement of hazardous waste by requiring notification and, where necessary, approval from the relevant authorities. This approach aligns with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, aiming to safeguard against the potential environmental and health hazards posed by the movement of hazardous materials across national borders.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste within Australia, encompassing both individual entities and corporate bodies seeking to export or import such materials. This Act mandates the control and oversight of hazardous waste movements to ensure they are conducted in a manner that protects human health and the environment. The Act extends its jurisdictional reach across the Commonwealth, thereby governing all interstate and international movements of hazardous waste. TES-AMM Australia Pty Ltd, a company based in New South Wales, has applied under this Act to export waste dry cell alkaline and zinc carbon batteries to Recupyl Espana in Spain for recycling operations. This specific application is for the export of up to 120 tonnes of hazardous waste, which will be shipped through various international ports and transit countries before reaching its destination. The application process involves detailed scrutiny to ensure compliance with the Act’s provisions, including the potential for subordinate instruments to refine or extend the application of the legislation.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 sets out the regulatory framework for the export and import of hazardous waste in Australia, including the notification procedures and permit requirements. Under Section 33(1) of the Act, a notice must be given when an application for a permit to export hazardous waste is received by the Minister. This notice informs the public and relevant authorities about the proposed export and allows for potential objections or further scrutiny. Section 34 outlines the application process, which requires detailed information about the waste, its origin, destination, and the intended recovery operations. The application must also include information on the shipment routes and any transshipment points. Upon receiving an application, the Minister must determine whether to grant a permit, considering various factors such as environmental impact, compliance with international agreements, and the capacity of the receiving facility to handle the waste safely. The Act imposes several obligations on the parties involved in the export of hazardous waste. The applicant, in this case, TES-AMM Australia Pty Ltd, must provide a comprehensive application detailing the nature of the waste, the proposed export route, and the recovery operations planned at the destination. They must also ensure that the waste is managed in a manner that complies with Australian regulations and international standards. The Minister, on receiving the application, must consider the information provided and consult with relevant authorities, including state and territory governments, to assess the potential environmental and health impacts of the proposed export. If the Minister decides to grant a permit, it will include specific conditions that must be adhered to by the applicant, such as the use of particular shipping routes, the timing of shipments, and the documentation required for each consignment. Breaches of the provisions set out in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to serious legal consequences. Under Section 50 of the Act, any person who exports hazardous waste without a permit, or who fails to comply with the conditions of a permit, is subject to criminal penalties. The maximum penalty for such offences can be significant, including fines of up to $360,000 for individuals and $1.8 million for corporations, as well as potential imprisonment. Additionally, Section 52 allows the Minister to take enforcement actions, including the issuance of infringement notices for less serious breaches, which can result in fines up to $66,600. Civil penalties may also apply, where a person can be sued for damages caused by non-compliance with the Act, further emphasising the importance of adherence to the regulatory requirements.