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 - AUH16-021

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the need for controlling the export and import of hazardous waste, thereby protecting the environment and public health from potential hazards. This Act was introduced to fill the gap in regulation concerning hazardous waste movement across borders, ensuring that such waste is managed in a way that minimises risks. The policy objective of the Act is to prevent or reduce the generation of hazardous waste, and to ensure that any waste generated is managed in an environmentally sound manner. The Act provides a framework for the regulation of the export and import of hazardous waste, including the requirement for permits and the establishment of procedures for making and varying permits. The notice of application received under this Act, such as the one published on 2 August 2016, reflects the Act's role in overseeing and regulating the transit of hazardous materials to ensure compliance with environmental standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the management and control of hazardous waste, including the transit of such waste through Australia. This Act governs entities or individuals involved in the export, import, or transit of hazardous waste, including companies like Metalman New Zealand Limited as seen in this case. The application received under this Act involves the transit of up to 6000 tonnes of used lead acid battery scrap through Brisbane, which is subject to scrutiny and approval processes under the Act. The geographic reach of this Act is national, encompassing all hazardous waste exports, imports, and transits within Australia. While the Act applies broadly to any hazardous waste, it does not specify exclusions or exemptions within the provided notice, though it is likely that certain categories of waste or specific conditions could be excluded under the full Act or its regulations. The Act's application can be further defined through subordinate instruments, which may detail specific types of hazardous waste or particular conditions under which waste movement is permitted or prohibited.

Key Provisions

The main operative sections of the notice provided under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) include section 33, which requires the notification of applications received for the export or import of hazardous waste. The notice informs the public and relevant stakeholders that an application, AUH16-021, has been submitted by Metalman New Zealand Limited, detailing the transit of up to 6000 tonnes of used lead acid battery scrap through Brisbane. This waste, classified under Basel Code A1160, is intended for recycling at Dongyang Metal Co., Ltd. in the Republic of Korea. The application specifies the recovery operation R4, which involves the recycling and reclamation of metals and metal compounds. The Act imposes several obligations on the parties involved in the hazardous waste export or import process. Metalman New Zealand Limited must provide a detailed application outlining the nature of the waste, the proposed transit route, and the intended recovery operation. The Department of the Environment and Energy is required to publish the notice of the application, enabling public comments on the proposed transit and operation. The Department must also ensure that the comments received are shared with the applicant, provided they do not contain confidential commercial information. Failure to comply with the provisions of the Act can lead to significant legal consequences. While the notice itself does not specify particular offences or penalties, the Act generally provides for both civil and criminal penalties for breaches of hazardous waste regulations. Under section 41, a person who contravenes a provision of the Act can be fined up to a maximum of $360,000 for a corporation and $72,000 for an individual, or imprisonment for up to five years, or both. The Act also allows for the recovery of costs incurred by the Department in investigating and enforcing compliance. Additionally, section 46A stipulates that failure to comply with a direction issued by the Department can result in further penalties, including fines and imprisonment.