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 for a special export permit was received on 6 July 2015 from Beverich Holdings International Pty Ltd trading as Reverse E-waste, 1024-1028 Canley Vale Road, Wetherill Park, NSW 2164 (ACN 132 013 097).
The application relates to the proposed export of of up to 1 000 tonnes of waste cathode ray tube glass (Basel code: A2010) to a facility operated by Taeyoung Environmental Development Co Ltd in the Republic of Korea. The waste would undergo recovery operation R4 – Recycling / reclamation of metals and metal compounds.
The waste will be transported by road to the ports of Sydney, Melbourne, Brisbane, Perth or Adelaide to travel by sea to the port of Busan in the Republic of Korea and from there it will travel by road to the recovery facility.
The transboundary movements would take place in up to 200 shipments, during the time period stated in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of Gazette publication addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or by e-mail at 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 Kesby
Delegate to the Minister
Department of the Environment
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the uncontrolled export and import of hazardous waste, which could pose significant environmental and health risks both domestically and internationally. The Act was designed to ensure that such waste is managed responsibly, thereby protecting the environment and human health from the potential hazards associated with its movement across borders. The enacting body was the Australian Parliament, which recognised the need for stringent controls on the export and import of hazardous waste to prevent illegal dumping and to ensure that hazardous waste is treated in an environmentally sound manner. The policy objective of the Act is to provide a framework for the regulation of the transboundary movement of hazardous waste, ensuring that it is managed in a way that minimises risks to human health and the environment.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste within Australia and abroad. In this instance, the Act governs the application for a special export permit by Beverich Holdings International Pty Ltd, a company trading as Reverse E-waste, for the export of up to 1,000 tonnes of waste cathode ray tube glass to a facility in the Republic of Korea. The legislation ensures that such exports are conducted in a manner that minimises risks to human health and the environment. The Act applies nationally across Australia, and its provisions extend to regulating the transboundary movement of hazardous waste, as evidenced by the current application for a special export permit. The Act provides for the regulation of hazardous waste exports through the issuance of permits and may impose conditions to mitigate any potential risks associated with the waste export. The Act’s scope is not restricted by geographic boundaries and applies to any exports that fall under its definition of hazardous waste, as outlined in the Basel Convention. There are no exclusions or exemptions specified in the Act for the issuance of special export permits, but the application process involves public consultation to allow for community input on the proposed export.
Key Provisions
The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to this notice include Section 33, which mandates the publication of an application for a special export permit once it is received by the Department of the Environment (Section 33(1)). This section also allows for a 28-day window for interested parties to lodge comments on the application (Section 33(2)). The Act governs the export of hazardous waste, ensuring that such activities are conducted in a manner that minimises risks to human health and the environment (Section 4). It also establishes the process for applying for and granting special export permits for the transboundary movement of hazardous waste (Section 20).
Under this Act, entities such as Beverich Holdings International Pty Ltd, which seeks to export hazardous waste, must comply with several obligations. They are required to apply for and obtain a special export permit before initiating the export of hazardous waste (Section 20(1)). The application must include detailed information about the waste, its intended recovery operations, and the logistics of its transport (Section 20(2)). Furthermore, the Act mandates that the applicant provide a public notice of the application, allowing for public scrutiny and comment (Section 33). The Department of the Environment, upon receiving an application, must consider the potential environmental and health impacts of the proposed export, consulting with relevant authorities as necessary.
Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant penalties. For example, exporting hazardous waste without a valid special export permit is an offence under Section 20(4), carrying a maximum penalty of up to AUD 1.1 million for a corporation or AUD 220,000 for an individual, or both. Additionally, the Act provides for civil penalties for non-compliance with permit conditions, which can further escalate the financial and reputational consequences for the offending entity. Enforcement of these provisions ensures that the export of hazardous waste is conducted responsibly and in accordance with the legislative framework designed to protect human health and the environment.