Notice of application received from Hydromet Corporation Pty Limited to export up to 20,000 tonnes of lead waste and scrap used from lead acid batteries

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, ensuring that it is managed in an environmentally sound manner. This Act was introduced to address the growing issue of transboundary movements of hazardous waste, which can pose significant risks to human health and the environment if not properly managed. The Act was passed by the Parliament of Australia with the policy objective of protecting the environment and public health from the potential risks associated with hazardous waste exports and imports. This legislation requires exporters to notify the relevant authorities of their intention to export hazardous waste and for importers to provide consent to receive such waste. The 1989 Act was instrumental in aligning Australia with international agreements, such as the Basel Convention, which aims to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous wastes and prescribed controlled wastes within Australia. This Act governs the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner and in compliance with international agreements. The legislation applies to entities such as Hydromet Corporation Pty Limited, which seeks to export hazardous waste, and other businesses involved in the transboundary movement of waste. The geographic reach of the Act extends to Australia's international borders, encompassing the entire nation. The Act does not specify exclusions or exemptions but requires that applications for export and import of hazardous waste are submitted and approved by the Minister for the Environment. The Act's application may be extended or restricted through subordinate instruments, such as regulations or ministerial orders, which provide further detail on the types of waste and conditions for transboundary movement.

Key Provisions

Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, Section 33 requires that notice must be given when an application for the export of hazardous waste has been received. In this case, Hydromet Corporation Pty Limited has submitted an application to export up to 20,000 tonnes of lead waste and scrap from used lead acid batteries to Orzel Bialy S.A. in Poland. The export will be conducted in up to one hundred shipments over a specified period, as outlined in the permit if granted. The waste will be transported from the Port of Sydney by ship, passing through Singapore and Germany, before reaching Poland, where it will be transported by road to the recycling facility. The Act imposes several obligations on the parties involved in this transboundary movement of hazardous waste. Hydromet Corporation must ensure that the waste is managed in a manner that does not harm human health or the environment, both in Australia and in Poland. This includes providing detailed information about the waste, the proposed method of disposal or recycling, and the route of transport. Additionally, Hydromet Corporation must obtain all necessary permits and comply with any conditions attached to those permits. The importer, Orzel Bialy S.A., must also comply with Polish regulations concerning the import and recycling of hazardous waste. Both parties are required to keep records of the waste's journey and the methods of disposal or recycling. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. Under Section 107, any person who contravenes the Act can be fined up to $220,000 for an individual offence and $1,100,000 for a corporate offence. Additionally, a court may order the person to take specific actions to remedy the breach, such as the removal of waste or the restoration of the environment. Criminal prosecution may also be pursued in cases of serious non-compliance, which can result in imprisonment for up to five years. These stringent measures are in place to ensure the protection of human health and the environment from the potential hazards associated with the transboundary movement of hazardous waste.