Notice of Application received from Hydromet Corporation Pty Ltd for a permit to export hazardous waste to the Republic of Korea for recovery of metals

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the management and control of hazardous waste exports and imports within Australia, ensuring that such activities are conducted in an environmentally sound manner. This legislation was introduced to fill the legislative gap in effectively regulating the transboundary movement of hazardous waste, thereby preventing illegal dumping and ensuring that waste is managed responsibly. The Act empowers the Minister for the Environment to grant permits for the export and import of hazardous waste, with the objective of protecting human health and the environment from the adverse effects of hazardous waste. The policy objective of the Act is to align Australia's waste management practices with international standards and obligations under relevant treaties, thus contributing to global environmental protection efforts. The notice of application for the export of hazardous waste, as given by the Department of the Environment, is a procedural requirement under Section 33 of the Act, allowing for public consultation and providing an opportunity for stakeholders to voice their concerns or support regarding the proposed transboundary movement.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports, specifically targeting entities such as Hydromet Corporation Pty Limited that seek to export hazardous waste materials. The Act applies to the conduct of exporting hazardous waste, including the processes and approvals necessary for such activities. In this instance, Hydromet Corporation has applied for an export permit to send lead waste and scrap from used lead acid batteries to the Republic of Korea for recycling. The geographic reach of the Act is national, governing the export of hazardous waste across Australia's borders. The Act does not specify exclusions or exemptions but allows for the establishment of conditions and criteria for permits through subordinate instruments. The application process includes a public notification period where stakeholders can provide comments, ensuring transparency and community involvement in hazardous waste management decisions.

Key Provisions

Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the Act requires that notice be given when an application for the export of hazardous waste has been received. In this case, Hydromet Corporation Pty Limited has applied to export up to 1500 tonnes of lead waste and scrap from used lead acid batteries to the Republic of Korea (Section 33). This notice ensures transparency and provides the public with an opportunity to comment on the application. The waste will be transported from Port Botany in Sydney to the Port of Busan in Korea, where it will be delivered to Hwachang Co. Ltd. for recycling and reclamation of metals and metal compounds. Under the Act, Hydromet Corporation Pty Limited must comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, including obtaining the necessary permits and ensuring that the export of hazardous waste adheres to international standards (Section 4). The corporation must also provide detailed information about the waste, including its composition, quantity, and intended recycling process, to facilitate the assessment of the application. Furthermore, Hydromet Corporation Pty Limited is required to implement measures to ensure the safe transport and handling of the hazardous waste throughout the journey. The Act imposes several obligations on Hydromet Corporation Pty Limited and any other parties involved in the export of hazardous waste. These include ensuring that the waste is managed in a manner that minimises the risk to human health and the environment (Section 6). This involves adhering to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which governs the international movement of hazardous waste. Additionally, Hydromet Corporation Pty Limited must notify the relevant authorities in both Australia and the Republic of Korea of the transboundary movement of the hazardous waste. This ensures that all parties are informed and can take appropriate measures to manage any potential risks associated with the waste. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Under Section 83, any person who contravenes the Act may be liable for a penalty of up to $222,200 per day for each day of the contravention. Furthermore, under Section 84, an individual who is convicted of an offence under the Act may face imprisonment for up to five years. These penalties serve as a deterrent to non-compliance and underscore the importance of adhering to the regulations governing the export of hazardous waste.