Notice of Application received from Hydromet Corporation Pty Limited to export lead waste and scrap derived from used lead acid batteries to the Republic of Korea for recovery operations

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, ensuring that such activities do not pose a risk to human health or the environment. This legislation was introduced by the Parliament of Australia to regulate the movement of hazardous waste across international borders, aligning with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to prevent the export of hazardous waste to countries that do not have the capability to manage such waste safely and to ensure that any such waste is managed in an environmentally sound manner. The notice of application received under this Act highlights the specific instance where Hydromet Corporation Pty Limited has applied for the export of lead waste to the Republic of Korea, illustrating the Act's application in regulating and overseeing the export of hazardous materials.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export or import of hazardous wastes within Australia and between Australia and other countries. This legislation imposes obligations and requirements on those who seek to export hazardous waste, ensuring that such waste is managed in a manner that minimises risks to human health and the environment. The Act's jurisdiction extends to Commonwealth, state and territory levels, ensuring a consistent approach to hazardous waste management across Australia. The Act applies to any person or entity seeking to export hazardous waste, including companies like Hydromet Corporation Pty Limited, which in this instance, has applied to export up to 6000 tonnes of lead waste derived from used lead acid batteries to Kook Jea Metallic Co Ltd in the Republic of Korea. The application process includes a public notice period for written comments, which must be submitted within 28 days of publication and are subject to disclosure to the applicant, thus ensuring transparency while safeguarding commercial-in-confidence information. This Act is supported by subordinate instruments that may further define specific exclusions, exemptions, or thresholds, thereby extending or restricting its application as necessary.

Key Provisions

The main operative sections of the Gazetted notice, pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, concern the receipt and public notification of an application for the export of hazardous waste. Section 33 requires the Minister to give public notice of applications received for permits to export hazardous waste, which this notice does by providing details of the application and inviting public comment (section 33(1)). The notice specifies the applicant, Hydromet Corporation Pty Limited, the type and amount of hazardous waste to be exported, the destination country, and the intended recovery operation (Basel Code A1020). The obligations and requirements imposed by the Act on the parties involved include the necessity for the applicant to submit a detailed application for a permit to export hazardous waste, and for the Minister to publicise the receipt of such an application. The notice informs the public and interested parties of the proposed export and invites them to submit written comments within 28 days. The Department of the Environment is responsible for receiving and considering these comments, ensuring transparency in the process and allowing stakeholders to voice their concerns or objections. The applicant must also ensure that all information provided is accurate and complete to facilitate the assessment process. Breach of the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Offences under the Act include unauthorised export of hazardous waste, failure to comply with permit conditions, or providing false or misleading information in an application. The maximum penalties for these offences can be significant, including fines and imprisonment. For example, under section 48, a person who contravenes a condition of a permit may be liable to a fine of up to $66,000 for a corporation or $13,200 for an individual, or both. Additionally, under section 53, a person who knowingly makes a false statement in an application may face a fine of up to $165,000 for a corporation or $33,000 for an individual, or both, and imprisonment for up to two years. The seriousness of these penalties underscores the importance of compliance with the Act's requirements.