Notice of application received from Hydromet Corporation Pty Limited to export lead waste and scrap derived from used lead acid batteries to Poland for recovery operations

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, ensuring such movements are conducted in a manner that protects human health and the environment. This Act was introduced by the Commonwealth Parliament to address the need for stringent controls on the transboundary movement of hazardous materials, reflecting Australia's obligations under international conventions such as the Basel Convention. The policy objective behind the Act is to prevent the export of hazardous waste to countries that cannot manage it safely and to ensure that any export complies with rigorous environmental standards. This legislation thus provides a framework for the assessment and regulation of hazardous waste movements, aiming to mitigate potential environmental risks associated with such activities.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, ensuring that such activities are conducted in a manner that protects the environment and human health. The Act applies to any person or entity involved in the export or import of hazardous waste, including the transportation, treatment, storage, and disposal of such waste. The legislation covers all states and territories within Australia and extends to any movement of hazardous waste that leaves or enters Australian jurisdiction. The application scope includes the management of waste streams, such as the lead waste derived from used lead acid batteries as outlined in the notice for AUS15-032. The Act is also inclusive of transboundary movements, necessitating the compliance with the Basel Convention and its protocols, which is reflected in the case of exporting to Poland. Any exclusions or exemptions from the Act are minimal and generally pertain to small quantities of waste or specific types that fall under different regulatory frameworks. The Act’s application may be extended or restricted through subordinate instruments, which detail specific procedures, standards, and controls for the management of hazardous waste.

Key Provisions

The key provisions of the notice published under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 concern a specific application for the export of hazardous waste. Section 33 of the Act requires that notice be given when an application is received for the export of hazardous waste, providing details of the applicant, the waste in question, the destination, and the proposed route of shipment. In this case, the application AUS15-032 from Hydromet Corporation Pty Limited pertains to the export of up to 20,000 tonnes of lead waste derived from used lead-acid batteries, which is classified under Basel Code A1020, to a facility in Poland operated by Orzel Bialy S.A. The waste is intended for recycling and reclamation of metals and metal compounds, which is operation R4. The Act imposes certain obligations on the applicant and other relevant parties. The applicant, Hydromet Corporation Pty Limited, must provide detailed information about the waste, the export process, and the facility where the waste will be processed. This includes specifying the type and quantity of waste, the proposed route and method of transport, and the intended recovery operations. Additionally, the notice mandates that written comments on the application be accepted from the public for a period of 28 days, allowing stakeholders to express their views on the proposed export. Comments should be directed to the Department of the Environment and must not include any confidential commercial information. Should there be a breach of the provisions outlined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989, there are potential penalties and consequences. Although the notice itself does not specify the exact penalties, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, while criminal penalties can result in imprisonment, depending on the severity and intent of the breach. It is essential for all parties involved to adhere strictly to the requirements set out in the Act to avoid these repercussions. The Act also includes provisions for the enforcement of its requirements, ensuring that hazardous waste is managed in a manner that protects human health and the environment.