Notice of application received from Exide Australia Pty Ltd to export up to 2 500 tonnes of used lead acid batteries

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to ensure that hazardous waste exported from Australia is managed in an environmentally sound manner, thus protecting both human health and the environment. This Act addresses the gap in regulation of transboundary movements of hazardous waste by requiring exporters to obtain a permit before exporting such waste, thereby enforcing stringent controls on waste exports and imports. The legislation is overseen by the Australian Government, which aims to uphold international standards and protocols for hazardous waste management, particularly those under the Basel Convention. The policy objective of this Act is to prevent illegal traffic and dumping of hazardous waste, which could pose significant risks to human health and the environment both within Australia and in the importing countries.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste between Australia and other countries. The Act governs the movement of hazardous waste to ensure it is managed in an environmentally sound manner and complies with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. In the context of the notice given for the application by Exide Australia Pty Ltd, the Act applies to the proposed export of used lead acid batteries to Samji Metal Ind. Co. Ltd. in the Republic of Korea for recycling. The geographic scope of the Act is national, applying to all movements of hazardous waste across Australian borders. The Act does not specify particular exclusions or exemptions but requires compliance with the permit process for transboundary movements. The application process and subsequent regulations can be extended or restricted through subordinate instruments, ensuring that the conditions of the Basel Convention are met and that the environmental risks associated with hazardous waste movements are managed effectively.

Key Provisions

The notice provided under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to an application by Exide Australia Pty Ltd for the export of up to 2500 tonnes of used lead acid batteries to Samji Metal Ind. Co. Ltd. in the Republic of Korea. The intended operation at the destination is the recovery of metals and metal compounds (Section 33(1)). This export is planned to occur via a maritime route from Port Botany in Australia to the port of Incheon in the Republic of Korea, with no intermediate stops or transits through other ports or roadsteads (Section 33(2)). The waste will then be transported by road to the Samji Metal Ind. Co. Ltd. facility for processing, which is designated as recovery operation R4 (Section 33(3)). The obligations imposed by the Act on Exide Australia Pty Ltd and Samji Metal Ind. Co. Ltd. include the need to ensure that the export and import of hazardous waste comply with the regulations set out in the Act. This involves providing detailed information about the nature of the waste, the intended recovery operations, and the methods of transportation and disposal. Both parties are required to obtain necessary permits and adhere to any conditions stipulated by the Minister under the Act (Section 4(1)). Furthermore, they must ensure that the waste is managed in a manner that minimises environmental harm and risk to human health (Section 4(2)). Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various civil and criminal consequences. For instance, individuals or entities found in breach of the Act may be subject to fines and penalties as outlined in the Act. The maximum penalties can vary depending on the severity of the offence. For example, under Section 62, an individual can be fined up to $330,000 or face imprisonment for up to five years, or both, for serious violations. Corporate entities may face higher fines, with the potential for even greater penalties if the offence is deemed particularly egregious or if it results in significant environmental harm (Section 63). Additionally, the Minister may seek injunctions or other remedies to enforce compliance with the Act (Section 64).