NOTICE OF APPLICATION RECEIVED UNDER THE HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that application AUH15-078 has been received from Hydromet Corporation Pty Ltd, 201 Five Islands Road, Unanderra, NSW, 2526, Telephone: +64 9 914 8594, Facsimile: +64 9 309 9264.
The application relates to the export of up to 6 000 tonnes of lead waste and scrap derived from used lead acid batteries (Basel Code A1020) to Spain for recovery operation R4 - Recycling/reclamation of metals and metal compounds at Exide Technologies SLU.
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by email to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the Applicant and should not contain commercial-in-confidence information.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
8 December 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to ensure the responsible management of hazardous waste exports and imports in Australia, addressing the problem of illicit trafficking and improper disposal of hazardous substances. This legislation was introduced by the Australian Parliament to align with international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to protect human health and the environment from the adverse effects of hazardous waste by controlling the export and import of such waste. The notice of application received under this Act highlights the process through which entities like Hydromet Corporation Pty Ltd seek approval to export hazardous waste, in this case, lead waste and scrap derived from used lead acid batteries to Spain for recycling operations. This notice provides the public with an opportunity to comment on the application, ensuring transparency and community involvement in the regulatory process.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous wastes in Australia, establishing a framework to ensure these activities are managed in an environmentally sound manner. The Act applies to any person or entity involved in the export or import of hazardous wastes, including corporations like Hydromet Corporation Pty Ltd, which have applied for a permit to export waste to another country. The geographic scope of the Act is national, as it pertains to activities conducted within Australian territory and extends to overseas transactions initiated from Australia. The Act covers a range of hazardous wastes, including those classified under the Basel Convention, such as the lead waste and scrap mentioned in the application from Hydromet Corporation. The application process under the Act is rigorous, requiring detailed information about the waste, the proposed recovery operation, and the destination country, ensuring that the exporting party complies with both Australian regulations and international obligations. There are no specific exclusions noted within the Act itself, though it allows for the creation of subordinate instruments to further specify requirements or to list exempted categories of waste or operations. The Act thereby regulates the export and import of hazardous waste to safeguard environmental and public health both domestically and internationally.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) require that notice must be given when an application has been received for the export of hazardous waste. In this case, Hydromet Corporation Pty Ltd has applied to export up to 6000 tonnes of lead waste and scrap derived from used lead acid batteries (Basel Code A1020) to Spain. The application pertains to recovery operation R4, which involves the recycling or reclamation of metals and metal compounds at Exide Technologies SLU.
The Act imposes several obligations on the parties involved in the export of hazardous waste. Firstly, it mandates that Hydromet Corporation must submit an application to the Department of the Environment detailing the specifics of the proposed export. This includes the type and quantity of waste, the destination, and the intended recovery operation. Additionally, the Act requires that written comments on the application be made available for public scrutiny and that these comments be shared with the applicant. This transparency ensures that stakeholders can voice their concerns or support regarding the proposed export.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties and consequences. Under the Act, unauthorised exports of hazardous waste can lead to criminal charges against the responsible parties, potentially resulting in substantial fines. Additionally, the Act may impose civil penalties for breaches, which can further include orders for the recovery of costs incurred by the government in managing the unauthorised waste. The maximum penalties for such offences can be severe, reflecting the serious environmental and health risks associated with improper hazardous waste management.
In summary, the Act's key provisions require detailed notification and public consultation regarding hazardous waste export applications. It obligates the applicant to provide comprehensive details and allows for public comment. Breaches of the Act can result in both criminal and civil penalties, highlighting the importance of strict adherence to its requirements.