Notice of Application Received from Hydromet Corporation Pty Ltd to export lead waste to Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the export and import of hazardous waste, ensuring such activities do not harm human health or the environment. This legislation was introduced by the Parliament of Australia, reflecting a policy objective to protect Australia and other nations from the adverse effects of improper hazardous waste management. The Act provides a framework for the regulation of hazardous waste movement across borders, including requirements for notifications, permits, and adherence to international agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. This notice of application under the Act exemplifies its application, highlighting the regulatory process for approving the export of specific hazardous materials, in this case, lead waste from Australia to Korea, ensuring compliance with both national and international environmental protection standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity intending to export or import hazardous waste within Australia and abroad. Specifically, the Act regulates the transboundary movement of hazardous waste to ensure it is managed in an environmentally sound manner. This legislation imposes obligations on exporters and importers to ensure compliance with both Australian and international regulations, including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act's jurisdictional reach extends to the Commonwealth of Australia, encompassing all entities involved in the export or import of hazardous waste, regardless of the destination or origin outside Australia. While the Act provides a comprehensive framework, certain categories of waste and movements may be excluded or subject to exemptions, often detailed in subordinate instruments or regulations. In this instance, Hydromet Corporation Pty Limited has applied for permission to export lead waste, subject to strict conditions and oversight to mitigate environmental risks associated with such transboundary movements.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) provides a mechanism for the notification of applications to export hazardous waste. The Act requires that any person or entity wishing to export hazardous waste must apply for a permit, and upon receipt of such an application, a notice must be issued to inform the public of the application (Section 33(1)). The notice includes details such as the applicant's information, the type and quantity of waste, the destination, and the proposed method of transport. In this case, Hydromet Corporation Pty Limited has applied to export up to 12,000 tonnes of lead waste and scrap from used lead acid batteries to Dansuk Industrial Co. Ltd. in the Republic of Korea. The application outlines that the export will involve up to one hundred shipments, with the waste being transported by ship from Port Botany in Sydney directly to the Port of Busan, Republic of Korea, and then by road to the recycling facility. The Act imposes several obligations on applicants and relevant authorities. Firstly, applicants must provide detailed information regarding the nature of the waste, the intended process of treatment or disposal at the destination, and the measures to be taken to ensure environmentally sound management of the waste (Section 4). The authorities are required to assess the application, considering environmental and public health impacts, and may consult with other relevant agencies or countries. Once assessed, authorities can grant, refuse, or impose conditions on the permit. Additionally, the Act mandates that the exporting country ensure that the waste is managed in an environmentally sound manner, in accordance with international agreements such as the Basel Convention (Section 5). The Act also delineates various offences and penalties for non-compliance. For instance, exporting hazardous waste without a permit, or contravening the conditions of a permit, is an offence (Section 21). Those found guilty of such offences may face substantial penalties. The maximum penalty for an individual can be up to $66,000 or imprisonment for up to five years, or both (Section 21(1)). For corporations, the penalties can be significantly higher, with fines reaching up to $3.3 million (Section 21(2)). Furthermore, any person who causes, or is likely to cause, environmental harm due to the export of hazardous waste without a permit can be liable for civil penalties, which can also include compensation for the harm caused (Section 22). The Act thus ensures that stringent measures are in place to regulate and monitor the export of hazardous waste, protecting both the environment and public health.