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 has been received 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.
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 e-mail 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.
Declan O’Connor-Cox
Delegate to the Minister
Waste Policy Branch
Department of the Environment
3 March 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the environmental risks associated with the transboundary movement of hazardous waste. This legislation was introduced to ensure that the export, import, and transit of hazardous waste are carried out in a manner that protects human health and the environment. The Act is overseen by the Australian Government and specifically aims to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective behind the Act is to regulate the movement of hazardous waste to prevent illegal traffic and to ensure that it is managed in an environmentally sound manner. In accordance with this objective, the Act requires that permits be obtained for the export, import, and transit of hazardous waste, thereby providing a framework for controlling and monitoring these activities.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the transboundary movement of hazardous waste and other wastes, including their import and export, between Australia and other countries. This legislation governs the process for issuing special transit permits for the movement of hazardous waste through Australian territory, ensuring compliance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act applies to entities and individuals involved in the export and import of hazardous waste, specifically those seeking transit permits for the movement of such waste through Australian jurisdiction. The geographic reach of the Act is national, encompassing all states and territories of Australia, as it pertains to the regulation of transboundary movements of hazardous waste.
In this particular instance, the Act is applied to Metalman New Zealand Limited, which has submitted an application for a special transit permit for the transit of up to 1,000 tonnes of used lead acid batteries from New Zealand to Korea, passing through Brisbane. The application for this permit is a mechanism provided by the Act to regulate and monitor the movement of hazardous waste through Australia, ensuring adherence to both national and international environmental and waste management standards. The Act does not specify exclusions or exemptions but provides a framework for the issuance of permits and the imposition of conditions to govern such movements. The Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on the permit application process and the criteria for approval.
Key Provisions
The notice of application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Section 33) informs stakeholders that Metalman New Zealand Limited has applied for a special transit permit to transport up to 1,000 tonnes of used lead acid batteries from New Zealand to Korea via Brisbane. This application pertains to the transit of hazardous waste for recycling/reclamation of metals and metal compounds, as designated under Basel code A1160. The proposed movement involves up to 40 shipments during the period specified in the permit if granted.
The Act imposes several obligations on parties involved with hazardous waste transit. Firstly, Metalman New Zealand Limited must ensure compliance with all requirements of the Act, including the proper classification, packaging, and documentation of the hazardous waste. The application must include detailed information about the waste, the intended route, and the recovery operation. Furthermore, the company must allow for public comment on the application and share any comments received with the relevant authorities. The Department of the Environment is responsible for reviewing the application and deciding whether to grant the permit.
Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. For instance, if Metalman New Zealand Limited fails to comply with the permit conditions or the Act’s requirements, they may face civil penalties, including fines. The maximum penalty for contravening the Act can be substantial, often reaching up to several hundred thousand dollars. In severe cases, criminal charges may also be pursued, leading to imprisonment. Additionally, the Department of the Environment may take enforcement actions to prevent further breaches and protect public health and the environment.