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 application AUH16-031 has been received from MRI (Aust) Pty Ltd (ACN 007 391 335), 20-24 Dennis Street, Campbellfield, VIC, 3061 (Telephone: +61 3 9303 1824, Facsimile: +61 3 9305 4491).
The application relates to the export of up to 460 tonnes of waste nickel-cadmium, nickel-metal hydride, lithium primary, and lithium-ion batteries (Basel Code A1170) to the Republic of Korea for recovery operation R4 – Recycling/reclamation of metals and metal compounds at Kobar Limited.
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 and Energy, 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.
Paul Starr
A/g Director
Hazardous Waste Section
Department of the Environment and Energy
13 October 2016
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner. The Act was introduced by the Australian Parliament with the policy objective of protecting human health and the environment from the adverse effects of the international movement of hazardous wastes. The legislation provides a regulatory framework to control the export and import of hazardous waste, thereby ensuring that these activities are carried out responsibly and sustainably. The gazette notice, C2016G01364, exemplifies the Act in action, detailing an application received for the export of various types of hazardous batteries to the Republic of Korea, which must be assessed and approved in accordance with the stringent guidelines established under the Act. The public is invited to provide written comments on the application, reinforcing the Act's commitment to transparency and public participation in hazardous waste management decisions.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, including the movement of such waste to and from Australia. This legislation specifically governs the activities of entities engaged in the export and import of hazardous waste, ensuring that these operations are conducted in a manner that safeguards environmental and human health. The Act applies to both individuals and corporate entities, requiring them to obtain necessary permits and adhere to the regulations set forth by the Department of the Environment and Energy. Its jurisdiction extends across the Commonwealth of Australia, imposing a national framework for the management of hazardous waste exports and imports. Notably, the Act does not specify exclusions or thresholds but instead relies on the classification of waste types under the Basel Convention, which is incorporated into Australian law. The application process and the conditions under which permits are granted can be further detailed through subordinate instruments, which may include regulations and guidelines issued by the relevant authorities.
Key Provisions
The key operative sections of the Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, particularly section 33, inform the public and stakeholders that an application has been lodged for the export of hazardous waste. This section mandates that when a company, in this case MRI (Aust) Pty Ltd, intends to export hazardous waste, it must submit an application to the Department of the Environment and Energy. This application must include specific details such as the type and quantity of waste, the destination, and the intended recovery operation. In this instance, the application AUH16-031 pertains to the export of up to 460 tonnes of various types of batteries, specifically waste nickel-cadmium, nickel-metal hydride, lithium primary, and lithium-ion batteries, to the Republic of Korea for recycling purposes.
The Act imposes several obligations on the parties involved. Firstly, the applicant, MRI (Aust) Pty Ltd, must provide comprehensive details of the proposed export in the application. This includes the type of hazardous waste, the quantity, the intended destination, and the specific recovery operation to be undertaken. The company is also required to inform the public and stakeholders by publishing a notice of the application, as seen in the provided notice. Additionally, the Department of the Environment and Energy must review the application and make it available for public comment for a specified period, which in this case is 28 days. The Act also ensures that any comments received are shared with the applicant, allowing for a transparent process.
Failing to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties and legal consequences. If an application is found to be incomplete or misleading, the Department may refuse the permit, preventing the export of hazardous waste. Furthermore, if a company exports hazardous waste without the necessary permit or in violation of the terms of the permit, they could face criminal charges under section 39 of the Act, which carries a maximum penalty of $330,000 for individuals and $1.65 million for corporations. These stringent measures are in place to ensure that hazardous waste is managed responsibly and in compliance with environmental regulations.