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 an application for a special transit permit (AUS15-044) was received on 10 August 2015 from Metalman New Zealand Limited, 1 Rangi Road, Takanini, Auckland 2105, New Zealand.
The application relates to the proposed transit through Brisbane of up to 1 000 tonnes of used lead acid batteries (Basel code: A1160) en route from New Zealand to Korea for recovery operation R4 - recycling/reclamation of metals and metal compounds.
The transboundary movements would take place in up to 40 shipments, during the time period stated in the permit, if granted. The carrier transporting the waste is CFR Line New Zealand Limited, 270 Neilson Street, Onehunga, Auckland 1061 (Telephone: +64 9 475 5185; Facsimile: +64 9 475 5186).
Written comments on the permit application may be lodged with the Department within 28 days of Gazette publication addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or by email at 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
Chemicals and Waste Branch
Department of the Environment
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a legal framework for the management of hazardous waste, including its export and import, to ensure that such waste is handled in an environmentally sound manner and in compliance with international agreements such as the Basel Convention. This Act was introduced to address the need for stringent controls over the transboundary movement of hazardous waste, which can pose significant risks to human health and the environment if not properly managed. The policy objective of the Act is to protect Australia and other nations from the potential hazards associated with the export and import of hazardous waste by regulating these activities through the issuance of special transit permits. The enacting body for this legislation is the Australian Parliament, which recognises the importance of international cooperation in managing hazardous waste and the necessity of safeguarding the environment from its harmful effects.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and persons involved in the transboundary movement of hazardous waste, including used lead acid batteries, and specifically regulates the export and import of such waste within Australia. In the case of Metalman New Zealand Limited's application for a special transit permit, the Act governs the transit of up to 1 000 tonnes of used lead acid batteries from New Zealand through Brisbane to Korea. The legislation applies to the proposed movement of the waste, the entities involved in the transit, and the carrier, CFR Line New Zealand Limited, ensuring compliance with environmental and hazardous waste regulations. The Act's jurisdictional reach extends to Commonwealth level, ensuring a cohesive regulatory framework across Australia. The application of the Act is not limited by any stated exclusions or exemptions in this specific case, though the Act may contain provisions for exclusions or exemptions in other circumstances. The application of the Act can be extended or restricted through subordinate instruments, which provide further detail and operational guidelines.
Key Provisions
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the main operative sections relevant to this notice include Section 33, which requires the Minister to publish a notice in the Gazette when an application for a special transit permit is received (Section 33(1)(a)). This notice informs the public of the application details and invites any interested parties to submit their comments on the proposed transit of hazardous waste (Section 33(1)(b)). The act also stipulates the conditions under which such a permit may be granted, ensuring that the hazardous waste is managed in a manner that minimises risks to human health and the environment (Section 34).
The Act imposes obligations on both the applicant, Metalman New Zealand Limited, and the carrier, CFR Line New Zealand Limited, to ensure that the hazardous waste is managed in compliance with all relevant Australian and international regulations. Metalman New Zealand Limited must provide detailed information about the waste, its intended recovery operations, and the transit route, including any environmental and safety measures planned for the transit (Section 32). The carrier, CFR Line New Zealand Limited, must ensure that the waste is transported in a safe and environmentally sound manner, including adherence to any conditions specified in the permit (Section 35). Both parties are required to cooperate with any inspections or audits conducted by the Department of the Environment to verify compliance with the permit conditions.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. If a party breaches the permit conditions or any other requirements of the Act, they may face civil or criminal penalties. Under Section 74, the maximum penalty for contravening the Act can be substantial, including fines of up to AUD 330,000 for individuals and AUD 1,650,000 for corporations, as well as potential imprisonment for serious offences. Additionally, the court may order the recovery of costs associated with the enforcement action, and the Minister may apply for an injunction to prevent further breaches. These stringent penalties underscore the importance of strict compliance with the Act's provisions to protect human health and the environment from the risks associated with the transboundary movement of hazardous waste.