Notice of Application received from Metalman New Zealand Ltd to transit used lead acid batteries through Brisbane en route from New Zealand to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the unregulated export and import of hazardous waste, which posed significant environmental and health risks both within Australia and internationally. The Act was established to ensure that the movement of hazardous waste across borders is controlled and monitored to prevent illegal traffic and improper disposal. The policy objective behind the Act is to protect human health and the environment from the adverse effects of hazardous waste by regulating its transboundary movement. The Act is administered by the Australian Parliament, which enacted the legislation to provide a legal framework for the control of hazardous waste exports and imports, ensuring compliance with international agreements such as the Basel Convention. The notice of application for a special transit permit under this Act highlights the regulated process for the movement of hazardous materials, in this case, used lead acid batteries, from New Zealand through Australia to Korea for recycling.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the transboundary movement of hazardous waste, including the export, import, and transit of such materials, with specific focus on those involved in the handling and transportation of hazardous substances. This Act regulates entities and individuals who are responsible for the movement of hazardous waste across international borders, ensuring that such movements are conducted in a manner that protects human health and the environment. The Act's jurisdictional reach is national, applying to the entirety of Australia, and it governs the conduct of both Australian and foreign entities when their activities involve the movement of hazardous waste through Australian territory. The application received under this Act concerns Metalman New Zealand Limited and pertains to the transit of used lead acid batteries through Brisbane, which are to be exported from New Zealand to Korea for recycling. While the Act applies broadly to various hazardous wastes, it does not specify exclusions or exemptions in the notice provided, although such provisions may exist elsewhere in the legislation. The application process for special transit permits is further governed by the Act, which may be extended or restricted through subordinate instruments, ensuring comprehensive regulatory oversight of hazardous waste movements.

Key Provisions

The notice of application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to an application for a special transit permit submitted by Metalman New Zealand Limited. The application, received on 19 March 2015, involves the transit of up to 4,000 tonnes of used lead acid batteries from New Zealand to Korea, specifically for recovery operations at the Samji Metal Industry Co Ltd facility. This transit is to occur through Brisbane, with up to 100 shipments planned during the period stipulated in the permit if granted. This notice, pursuant to Section 33 of the Act, invites public comments on the application, which must be submitted within 28 days of the Gazette publication to the Director, Hazardous Waste Section, Department of the Environment. The obligations under this legislation require Metalman New Zealand Limited to provide detailed information about the hazardous waste being transported, including the type, quantity, and destination. The company must also ensure compliance with all applicable regulations governing the transit and handling of hazardous waste, including obtaining necessary permits. Furthermore, the waste facility in Korea, Samji Metal Industry Co Ltd, must be equipped to handle and process the hazardous waste according to the stated recovery operations. Additionally, the legislation mandates that any comments submitted by the public must not include commercial-in-confidence information, as they will be shared with the applicant. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. The Act outlines various offences, including the unauthorised export or import of hazardous waste, which can lead to substantial fines. Under the Environment Protection and Biodiversity Conservation Act 1999, the maximum penalty for such offences can be up to AUD 210,000 for an individual and AUD 1,050,000 for a corporation. Additionally, the Act provides for civil and criminal consequences, including injunctions and imprisonment, for serious breaches. The specific penalties and consequences are determined by the severity and nature of the offence, with the court considering factors such as the volume of waste involved and the intent behind the violation.