Notice of Application received from Metalman NZ 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 transboundary movement of hazardous waste, including the need for stringent controls and oversight to protect human health and the environment. This Act empowers the Australian government to regulate the import and export of hazardous waste, ensuring that such activities are conducted in a manner that minimises risks. The policy objective of this legislation is to safeguard Australia’s environmental integrity and public health by controlling the movement of hazardous substances, thus aligning with international protocols such as the Basel Convention. The Act provides mechanisms for the issuance of permits and the imposition of conditions to ensure that hazardous waste is managed responsibly. This notice of application under the Act highlights the practical implementation of these regulatory measures, as exemplified by the proposed transit of used lead acid batteries from New Zealand to Korea via Brisbane.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the transboundary movement of hazardous waste, including special arrangements for the export and import of such waste within Australia. This Act applies to any person or entity intending to export or import hazardous waste, with a specific focus on the management and regulation of these activities to prevent harm to human health and the environment. The application of the Act extends to the entire Commonwealth of Australia and involves the coordination between federal and state authorities to ensure compliance with both domestic and international agreements, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The Act does not explicitly state exclusions or exemptions, but its application can be influenced by subordinate instruments, which may provide further clarification on specific types of waste or particular circumstances. In the given example, Metalman New Zealand Limited’s application for a special transit permit to move used lead acid batteries through Brisbane illustrates the practical application of the Act, requiring adherence to prescribed procedures and oversight by the Department of the Environment.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates the notification of applications for special transit permits (Section 33(1)). This particular notice pertains to an application (AUS15-010) from Metalman New Zealand Limited, which seeks to transport up to 2000 tonnes of used lead acid batteries (Basel code: A1160) from New Zealand to Korea via Brisbane. The transit is proposed to occur in up to 60 shipments, contingent upon the permit being granted, and the carrier responsible for the transportation is CFR Line New Zealand Limited. The movement of hazardous waste across international borders is subject to stringent regulatory scrutiny under the Act. The Act imposes several obligations on the applicant, Metalman New Zealand Limited, including the requirement to provide detailed information regarding the nature and quantity of the waste, the intended route and method of transport, and the facilities involved in the recovery operation. The applicant must also ensure that the transit complies with all relevant international agreements, such as the Basel Convention, and must demonstrate that the proposed transit does not pose a risk to human health or the environment. The Department of the Environment has the authority to request additional information or clarification from the applicant to assess the application adequately. Failure to comply with the requirements of the Act can lead to significant consequences. Under Section 42 of the Act, an unauthorised transboundary movement of hazardous waste can result in civil penalties of up to $220,000 per breach or imprisonment for up to five years, or both. Additionally, criminal sanctions can be imposed for more severe violations, including fines of up to $2,750,000 and imprisonment for up to ten years for individuals, or fines of up to $13,750,000 for corporations. The Act also provides for the imposition of administrative penalties, which can include orders to rectify breaches, cease certain activities, or pay compensation for any harm caused by the non-compliance. Members of the public have the opportunity to lodge written comments on the permit application within 28 days of the Gazette publication. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, and should be mindful that they will be shared with the applicant. This provision allows for public participation in the regulatory process, ensuring that the interests and concerns of the community are considered in the decision-making process. It is important to note that comments should not include any commercial-in-confidence information, as they will be made available to the applicant.