Notice of application received from Metalman New Zealand Ltd for a permit to transit used lead acid battery scrap through Brisbane en route from New Zealand to the Republic of Korea - AUH16-040

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of improper management and transboundary movement of hazardous waste, ensuring that such waste is handled in an environmentally sound manner. This legislation was introduced by the Australian Parliament to regulate the export and import of hazardous waste, aligning with international conventions such as the Basel Convention. The policy objective of the Act is to prevent and minimise the adverse effects of hazardous waste on human health and the environment by imposing strict controls on the movement of such waste across borders. The Act provides a framework for the licensing and monitoring of hazardous waste movements, ensuring that any transit, disposal, or recycling of hazardous waste is conducted in compliance with national and international standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the movement of hazardous waste across Australian borders and seeks to regulate the export and import of such materials to protect human health and the environment. This Act applies to entities, including corporations and individuals, who are responsible for the export or import of hazardous waste, and specifically targets the conduct and transactions involved in these activities. The geographic and jurisdictional reach of the Act is national, as it governs movements to and from Australia. The application in question pertains to Metalman New Zealand Limited, a foreign entity, seeking to transit hazardous waste through Australia. This application exemplifies the Act's application to cross-border movements of hazardous substances. The Act provides mechanisms for the issuance of permits for such movements and allows for public comment on applications, ensuring transparency and community involvement in regulatory decisions. While the Act applies broadly, certain exclusions and exemptions may apply, often detailed in subordinate instruments that further refine the application of the legislation.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) regulates the export and import of hazardous waste, including the movement of such waste through Australia. Section 33 of the Act provides the mechanism for publishing notices of applications received for permits related to the transit of hazardous waste through Australia. This particular notice (C2016G01429) indicates that an application (AUH16-040) has been submitted by Metalman New Zealand Limited for the transit of up to 5000 tonnes of used lead acid battery scrap through Brisbane en route to the Republic of Korea. The batteries are classified under Basel Code A1160 and will undergo recovery operation R4, which involves recycling and reclamation of metals and metal compounds at Samji Metal Industry Co Ltd. The obligations under the Act for parties involved in the transit of hazardous waste include ensuring that an application is submitted to the Department of the Environment and Energy prior to the transit. Metalman New Zealand Limited must provide detailed information about the hazardous waste, the route of transit, and the recovery operations planned in the Republic of Korea. The Department must then review the application to determine whether it meets the criteria set out in the Act and any associated regulations. If satisfied, the Department may grant a permit allowing the transit to proceed. Failure to comply with the requirements of the Act can lead to significant legal consequences. For instance, transporting hazardous waste through Australia without the necessary permit can be considered an offence under section 16 of the Act, which may result in a civil penalty of up to $222,200 for a corporation and up to $44,440 for an individual, as well as criminal penalties including fines of up to $660,000 for a corporation and $132,000 for an individual. The Act also provides for the imposition of additional penalties if the hazardous waste causes harm to human health or the environment. Therefore, compliance with the Act is crucial to avoid these severe consequences.