Notice of Application received from Hydromet Corporation Pty Ltd to export lead waste and scrap (paste and grid) derived from used lead acid batteries from Australia to Spain for Recovery Operations - AUH16-038

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the need for stringent control over the export and import of hazardous waste. The Act was introduced to mitigate the risks associated with the movement of hazardous materials across international borders, ensuring that such activities are conducted in an environmentally sound manner and do not adversely affect human health or the environment. This legislative framework establishes a regulatory system that mandates the assessment and approval of applications for the export and import of hazardous waste, thereby preventing improper disposal and promoting responsible waste management practices. In line with its policy objectives, the Act aims to protect public health and the environment from the potential hazards posed by hazardous waste, while also ensuring that Australia adheres to its international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act facilitates the effective implementation of these objectives by requiring that any person intending to export or import hazardous waste must first lodge an application with the relevant authority, which in this case is the Department of the Environment and Energy. The Act also allows for public consultation, ensuring transparency and community involvement in decisions related to hazardous waste management.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, encompassing both the entities that undertake such activities and the waste itself. Specifically, the Act pertains to companies and individuals involved in the export of hazardous waste, including Hydromet Corporation Pty Limited in this instance, as well as the waste materials such as lead paste and grid derived from used lead acid batteries. This legislation operates at the Commonwealth level, thereby having a national jurisdictional reach across Australia. The Act mandates the approval process for the export of hazardous waste, ensuring that such activities comply with environmental and safety standards. Notably, the Act does not specify exclusions or exemptions, though the application and approval process is subject to the discretion of the relevant authorities. The scope of the Act can be further refined through subordinate instruments, which may detail specific procedures or criteria for various types of hazardous waste. The Act thus provides a framework for regulating the export and import of hazardous materials to safeguard public health and the environment.

Key Provisions

The primary operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 that are pertinent to the notice of application received relate to the export and import of hazardous waste. Section 33 of the Act requires that notice be given when an application is received, as seen in the notice for application AUH16-038 from Hydromet Corporation Pty Limited. This section ensures transparency and public participation in the decision-making process regarding the export of hazardous materials. Additionally, section 34 mandates that written comments can be lodged within a specified period, in this case 28 days, allowing stakeholders to provide their input on the proposed export. The Act imposes specific obligations on the parties involved in the export of hazardous waste. Hydromet Corporation Pty Limited, as the applicant, must provide detailed information about the proposed export, including the type and quantity of waste, the destination, and the intended recovery operation. This is essential for the Department of the Environment and Energy to assess the potential environmental and health impacts of the export. The Department, in turn, must review the application and any public comments, ensuring that the export complies with national and international regulations. Furthermore, the Act requires that any written comments submitted during the public notice period be shared with the applicant, promoting transparency and allowing for a thorough evaluation of all relevant concerns. Breach of the provisions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal consequences. Under section 58, any person who exports hazardous waste without the necessary permit or in contravention of the Act can be liable for civil penalties. The maximum penalty for such an offence is significant, with fines that can reach up to $2,200,000 for corporations and $440,000 for individuals, depending on the severity and frequency of the breach. Additionally, criminal penalties may apply, including imprisonment, with the potential for up to five years for individuals and much higher fines for corporations. These stringent penalties underscore the importance of compliance with the Act to protect environmental and public health.