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 issue of the transboundary movement of hazardous wastes, including their regulation to ensure they are managed in an environmentally sound manner. This Act was passed by the Parliament of Australia to provide a legislative framework that aligns with international conventions such as the Basel Convention, aiming to control and reduce the movement of hazardous waste between countries. The policy objective of the Act is to prevent the export of hazardous wastes to countries that do not have the capacity to manage them safely, thereby protecting human health and the environment. The Act operates by requiring permits for the export and import of hazardous wastes, ensuring that such movements are subject to stringent controls and oversight.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste within Australia, encompassing any person or entity involved in the transboundary movement of such waste. This legislation ensures that hazardous waste is managed in an environmentally sound manner and in compliance with international conventions, such as the Basel Convention. It specifically applies to the management of hazardous waste, including its movement, treatment, and disposal, and extends to the issuance of special transit permits for the transit of hazardous waste through Australia. The application for the special transit permit, in this instance, involves Metalman New Zealand Limited, which seeks to transport used lead acid batteries through Brisbane. The Act's jurisdictional reach is national, ensuring consistent regulation across all states and territories of Australia. While the Act broadly covers hazardous waste, it does not specify exclusions or exemptions within the notice itself, though these may be addressed in subordinate legislation or specific permit conditions. The Act's application can be further defined or restricted through subordinate instruments, which may detail specific waste types, handling procedures, or additional reporting requirements.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires that notice be given when an application for a special transit permit has been received, as is the case with the application from Metalman New Zealand Limited (section 33). This particular application, AUS15-009, involves the transit through Brisbane of up to 6,000 tonnes of used lead acid batteries en route from New Zealand to Korea for recycling/reclamation of metals and metal compounds, as specified under operation R4 as defined by the Basel Convention. The transit will involve up to 100 shipments, and the carrier responsible for the transport is CFR Line New Zealand Limited. The application is subject to review and potential approval by the Department of the Environment, which is tasked with ensuring compliance with the Act’s provisions. The Act imposes obligations on various parties, including the applicant, the carrier, and the Department of the Environment. The applicant must submit a detailed application that includes specific information about the waste, the transit route, and the intended recovery operation (section 30). The carrier is responsible for ensuring that the waste is transported in accordance with all applicable laws and regulations, including those related to hazardous waste management (section 32). The Department of the Environment is tasked with reviewing the application, assessing any potential environmental impacts, and deciding whether to grant the permit (section 33). Breaches of the provisions set out in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to both civil and criminal consequences. For instance, if an applicant provides false or misleading information in their permit application, they may face penalties under section 41, which can include fines of up to $220,000 for individuals and $1,100,000 for corporations. Additionally, section 42 provides for criminal penalties, including fines and imprisonment, for wilful breaches of the Act. Specifically, individuals can be fined up to $55,000 and/or imprisoned for up to five years, while corporations can be fined up to $2,750,000 for such breaches. The Act also allows for the recovery of costs incurred by the Department in reviewing applications and enforcing compliance, further ensuring that the legislative framework is upheld effectively.