Notice of Application received from Dodd & Dodd Pty Ltd to export used lead acid batteries to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, including the transboundary movement of such waste, in order to protect human health and the environment from the potential risks associated with hazardous waste management. This Act was introduced to address the problem of improper management of hazardous waste, which could potentially harm human health and the environment both domestically and internationally. The Act is overseen by the Parliament of Australia and aims to ensure that hazardous waste is managed in a manner that minimises potential adverse effects on human health and the environment. This notice of application received under the Act highlights the processes involved in applying for and potentially granting permission for the export of hazardous waste, in this case, used lead acid batteries for recycling, from Australia to a specified foreign facility.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export or import hazardous waste, as defined under the Act, into or out of Australia. This includes corporations, businesses, and individuals responsible for the transboundary movement of hazardous waste. The Act covers a broad range of hazardous waste, such as used lead acid batteries, which are specified by Basel codes, and mandates strict regulatory controls over their export and import. Geographically, the Act's jurisdiction extends to the entire Commonwealth of Australia, encompassing all states and territories, ensuring a unified regulatory framework for hazardous waste movement across borders. The Act specifies certain exclusions and exemptions, including waste that is not classified as hazardous under the Basel Convention, and sets thresholds for the quantities of waste that require regulatory oversight. The application of the Act can be extended or modified through subordinate instruments, allowing for updates and refinements to align with international standards and environmental protection objectives.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates that when an application for the export of hazardous waste is received, a notice must be published. In this case, the application from Dodd & Dodd Group Pty Ltd (ABN 65 874 186 779), to export up to 5500 tonnes of used lead acid batteries (Basel code A1160) to Kookjea Metallic Co Ltd in the Republic of Korea, has triggered the notice under Section 33. This notice informs the public that the application is under consideration and provides details about the proposed export, including the type of waste, the destination, and the intended recovery operation R4 – recycling/reclamation of metals and metal compounds. Under the Act, the primary obligation of the applicant, Dodd & Dodd Group Pty Ltd, is to ensure that all necessary information is provided in the application, including details about the waste, the exporter and importer, the proposed transport routes, and the recovery operation. Additionally, the applicant must ensure that the export complies with all provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which Australia has ratified. This includes obtaining prior informed consent from the importing country, which in this case, is the Republic of Korea. The Act imposes several requirements on the parties involved. For Dodd & Dodd Group Pty Ltd, this includes providing a detailed notification as per Section 33, ensuring that the waste is managed in an environmentally sound manner, and complying with any conditions set by the Minister. The importing entity, Kookjea Metallic Co Ltd, must also ensure that the import is consistent with their national laws and regulations regarding hazardous waste. Both parties must cooperate with any investigations or audits conducted by the Environment Protection Authority. In terms of penalties and consequences, breaches of the Act can result in both civil and criminal sanctions. Civil penalties can include fines of up to $66,000 per offence for individuals and $330,000 for corporations, as per Section 61 of the Act. Additionally, criminal penalties may apply, with maximum fines of up to $6.6 million for individuals and $33 million for corporations, along with potential imprisonment for up to five years, as outlined in Section 62. These penalties underscore the seriousness with which the Act treats non-compliance and aim to ensure the proper management and disposal of hazardous waste.