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 AUH15-082 has been received from Beverich Holdings International Pty Ltd (trading as Reverse E-waste), 3 Hume Road, Smithfield, NSW, 2164, Telephone: + 61 2 9757 4847, Facsimile: + 61 2 9757 4867.
The application relates to the export of up to 330 tonnes of unsorted waste batteries, including used rechargeable lithium ion (cobalt based only), used rechargeable nickel cadmium and used rechargeable nickel metal hydride batteries (Basel Code A1170) to the Republic of Korea for recovery operation R4 – Recycling/reclamation of metals and metal compounds at Sungeel HiTech Co, Ltd.
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.
Peter Brisbane
Delegate to the Minister
A/g Assistant Secretary
Chemicals and Waste Branch
25 May 2016
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the unregulated export of hazardous waste, which posed significant risks to human health and the environment both in Australia and in importing countries. This Act was introduced by the Australian Parliament with the policy objective of ensuring that hazardous waste is managed in a way that minimises risks to human health and the environment. The legislation provides a regulatory framework for the export and import of hazardous waste, requiring exporters to obtain permits and ensuring that waste is disposed of in an environmentally sound manner. This Act aims to align Australia’s practices with international conventions, such as the Basel Convention, which seeks to control the transboundary movements of hazardous wastes and their disposal.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any entity or individual intending to export, import, or transship hazardous waste within, from, or to Australia. This includes businesses such as Beverich Holdings International Pty Ltd, as evidenced by their application AUH15-082 for the export of waste batteries to the Republic of Korea. The Act extends to the regulation of specific types of hazardous waste, such as unsorted waste batteries, and governs the processes for obtaining permits to facilitate these exports. The application must comply with the requirements set out in the Act, including adhering to the Basel Code classifications. Geographically, the Act operates at a national level, administered by the Commonwealth, with the Department of the Environment handling the applications and public notices. Exclusions and exemptions from the Act are detailed within the legislation itself, ensuring that only relevant waste and waste management operations fall under its purview. The application process may be further refined or extended through subordinate instruments, such as regulations or guidelines, issued by the Department to provide clarity and ensure compliance with both domestic and international standards.
Key Provisions
The main operative sections of the Gazette C2016G00741 under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as indicated in section 33, involve the notification of the receipt of an application for a permit to export hazardous waste. In this case, the application (AUH15-082) was made by Beverich Holdings International Pty Ltd, trading as Reverse E-waste, which plans to export up to 330 tonnes of unsorted waste batteries to the Republic of Korea for recycling operations (Section 33). The specified type of waste includes used rechargeable lithium-ion (cobalt-based only), nickel cadmium, and nickel metal hydride batteries, identified under Basel Code A1170.
The Act imposes several obligations and requirements on the parties involved in the export of hazardous waste. Firstly, it mandates that applications for such permits must be lodged with the relevant authorities, as demonstrated by the submission of application AUH15-082. Secondly, the Act requires that the application details be made public to allow for written comments from interested parties within a specified period, in this instance, 28 days (Section 33). This transparency ensures that stakeholders can voice their concerns or support regarding the proposed export. Additionally, it is necessary for the applicant to provide comprehensive details about the waste to be exported, including the type and quantity, as well as the intended recovery operation and the location of the importer.
Failure to comply with the provisions of the Act may result in various consequences. Section 34 of the Act stipulates that unauthorised exports of hazardous waste are subject to penalties, which may include fines and imprisonment. The exact penalties are not specified in the notice but generally align with the severity and impact of the breach. The Act also provides for the recovery of costs incurred by the Department of the Environment in reviewing and processing the application. Moreover, if the comments received raise significant environmental or safety concerns, the Department may choose to reject the application or impose additional conditions to mitigate any identified risks. These measures are intended to ensure that hazardous waste is managed in a manner that protects human health and the environment.