Notice of application received from Dodd & Dodd Pty Ltd to export used lead acid batteries to the Republic of Korea for recovery operation

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the issue of hazardous waste being improperly exported or imported, potentially causing harm to the environment and human health. The Act was introduced to regulate the transboundary movement of hazardous waste and ensure that it is managed in a manner that minimises risks to human health and the environment. The policy objective of the Act is to protect Australia and other countries from the improper disposal and treatment of hazardous waste, and to promote the environmentally sound management of such waste. The Act requires that any person who wishes to export hazardous waste from Australia must first obtain a permit from the relevant authority, and that any person who wishes to import hazardous waste into Australia must comply with the conditions of the permit. The Act also establishes a system for tracking and monitoring the movement of hazardous waste across international borders, and provides for penalties for non-compliance.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the transboundary movement of hazardous waste, including used lead acid batteries, across Australia's borders. The Act ensures that such movements comply with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which Australia is a signatory to. This legislative framework extends to the application process for permits related to the export and import of hazardous waste, covering entities such as Dodd & Dodd Pty Ltd, as demonstrated in the application for the export of used lead acid batteries to the Republic of Korea. The application must specify details such as the type of waste, the quantity, the destination, and the method of transport. The Act is enforced by the Commonwealth government, and the Department of the Environment is responsible for managing applications and public consultation on these movements. The application process and the associated public notification allow for stakeholder input before a permit is issued, ensuring that all transboundary movements of hazardous waste are conducted in an environmentally sound manner.

Key Provisions

The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) provide for the notification of applications for permits to export hazardous waste. In this case, Dodd & Dodd Pty Ltd has applied for a permit to export up to 3600 tonnes of used lead acid batteries (Basel Code A1160) to the Republic of Korea for recycling. This notification specifies the type of hazardous waste, the destination, the recovery operation, and the route of transportation, including the ports and transit points. The application is subject to review and approval by the relevant authorities, and the public is given an opportunity to comment on the application within 28 days of the publication of the notice. The Act imposes several obligations on parties seeking to export hazardous waste. Firstly, applicants must submit a detailed application outlining the specifics of the proposed transboundary movement, including the type and quantity of waste, the destination, the recovery operation, and the transportation route. The applicant must also ensure that the waste is managed in accordance with environmental and safety standards, and that all necessary notifications and permits are obtained prior to the movement of the waste. Additionally, the applicant must provide any relevant information and documentation requested by the authorities during the review process. Breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Under section 62 of the Act, any person who contravenes a provision of the Act, or who fails to comply with a direction or requirement, is liable to a penalty of up to $222,200 for a corporation and $44,440 for an individual. Additionally, under section 63, any person who causes or permits the export of hazardous waste in contravention of the Act is guilty of an offence and may be liable to imprisonment for up to five years, or both imprisonment and a fine. The Act also provides for the recovery of costs associated with the remediation of any environmental harm caused by the contravention.