Notice of application received from Hydromet Corporation Pty Limited to export up to 3600 tonnes of lead waste and scrap from used lead acid batteries

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to regulate the export and import of hazardous waste, addressing the problem of illegal traffic in hazardous waste and the potential environmental and health risks associated with such activities. The Act ensures that hazardous waste is managed in a manner that protects human health and the environment, both in Australia and in the countries to which the waste is exported. The policy objective of the Act is to implement Australia’s obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which aims to reduce the movement of hazardous waste between nations, particularly from developed to less developed countries. This legislative framework provides a structured approach to the export and import of hazardous waste, ensuring that such movements are conducted in a responsible and environmentally sound manner.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, including the transportation of such waste across international borders. The Act imposes obligations on persons or entities involved in the export or import of hazardous waste, requiring them to comply with specific regulations and obtain necessary permits. This legislative framework is designed to ensure that hazardous waste is managed in an environmentally sound manner, preventing its illegal traffic and protecting human health and the environment. The Act extends to the entire Commonwealth of Australia, covering all interstate and international movements of hazardous waste. The application in question pertains to Hydromet Corporation Pty Limited, a company based in Sydney, seeking to export lead waste and scrap from used lead acid batteries to Kook Jea Metallic Co. Ltd in South Korea. The Act’s scope includes the detailed notification of the proposed export, ensuring transparency and oversight by the relevant authorities. There are no specific exclusions or exemptions mentioned in the notice, but the Act may provide for additional regulations through subordinate instruments, thereby extending or restricting its application as necessary.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) governs the export and import of hazardous waste in Australia. Section 33 of the Act (section 33) requires that any person intending to export hazardous waste must first lodge an application with the Minister, and the Minister must then give public notice of the application. This is to ensure that any interested parties, including the public, can review the application and provide feedback if necessary. In this instance, Hydromet Corporation has lodged an application under section 33 to export lead waste and scrap from used lead acid batteries to Kook Jea Metallic Co. Ltd in South Korea for recycling purposes. The notice provided states the details of the proposed export, including the amount of waste, the parties involved, and the intended route of the shipments. Under the Act, the Minister is required to consider various factors before making a decision on the application. These include the potential environmental and human health impacts of the export, the management practices of the importer, and whether the export is in accordance with international agreements and obligations. The Minister may also consult with other relevant authorities, such as the Department of Environment and Energy or the Australian Border Force. Once the Minister has made a decision, they must notify the applicant and the public of the outcome. If the Minister decides to grant the permit, Hydromet Corporation will be required to comply with various obligations set out in the Act and the conditions of the permit. These may include ensuring that the waste is properly packaged, labelled, and documented, and that it is transported in accordance with the permit conditions. The company will also be required to provide regular reports to the Minister on the export and to maintain records of the waste's journey from Australia to South Korea. Failure to comply with the Act or the conditions of the permit may result in civil or criminal penalties. Under section 62 of the Act (section 62), a person who contravenes a condition of a permit is guilty of an offence and may be subject to a fine of up to $66,000 for an individual or $330,000 for a body corporate, or imprisonment for up to two years, or both. In addition, the Minister may revoke the permit or take other enforcement action, such as requiring the waste to be returned to Australia. If the export results in significant harm to the environment or human health, the person responsible may also be subject to criminal charges under other legislation, such as the Environment Protection and Biodiversity Conservation Act 1999.