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 application AUH16-024 has been received from Metalman New Zealand Limited, 1 Rangi Road, Takanini, 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +64 9 274 8567).
The application relates to the transit of up to 6000 tonnes of used lead acid battery scrap (drained and undrained, Basel Code A1160) through Brisbane en route from New Zealand to the Republic of Korea for recovery operation R4 – Recycling/reclamation of metals and metal compounds at Joong-il Metals Inc.
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment and Energy, GPO Box 787 CANBERRA ACT 2601, or forwarded by email to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the applicant and should not contain commercial-in-confidence information.
Paul Kesby
Director
Hazardous Waste Section
Department of the Environment and Energy
2 August 2016
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for regulation of the export and import of hazardous waste in Australia. This legislation was introduced to ensure that hazardous waste is managed in a way that protects human health and the environment. The Act is administered by the Australian Government, specifically through the Department of the Environment and Energy, and aims to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The notice of application received under this Act indicates that the Department has received an application from Metalman New Zealand Limited for the transit of used lead acid battery scrap through Brisbane, highlighting the ongoing commitment to regulate hazardous waste movements to prevent environmental harm and ensure safe practices in waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the application process for the transit of hazardous wastes between countries, ensuring that such movements are managed in an environmentally sound manner. This Act applies to any person or entity seeking to export, import, or transit hazardous waste, including Metalman New Zealand Limited, as evidenced by the application AUH16-024 for the transit of used lead acid battery scrap. The Act operates under the Commonwealth jurisdiction, with its regulatory reach extending to cover the transit of hazardous waste through Australian territory, in this case, from New Zealand to the Republic of Korea via Brisbane. The Act does not specify any particular exclusions or exemptions, implying that all applications for the transit of hazardous waste through Australia must adhere to its provisions. The Act may also be extended or restricted through subordinate instruments, ensuring that the regulation of hazardous waste remains flexible and responsive to environmental and safety considerations.
Key Provisions
The main operative sections of the notice pertain to the receipt of an application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). This notice informs that Metalman New Zealand Limited has applied for a permit to transit 6000 tonnes of used lead acid battery scrap through Brisbane. The scrap, classified under Basel Code A1160, is intended for recovery operations in the Republic of Korea by Joong-il Metals Inc. This transit and intended recovery operation are subject to the regulations and oversight stipulated in the Act.
The Act imposes several obligations and requirements on both the applicant and the Department of the Environment and Energy. The applicant, Metalman New Zealand Limited, must provide detailed information about the hazardous waste, its transit route, and the recovery operations planned in Korea. This includes specifications on the type and quantity of waste, the method of transport, and the recovery process at the destination. The Department, in turn, must review the application and consider any public comments received within the specified 28-day period. The Department must ensure that the proposed operations comply with environmental protection standards and hazardous waste management practices.
Failure to comply with the requirements of the Act can result in significant civil and criminal consequences. Under the Act, unauthorised export or import of hazardous waste can lead to enforcement actions by the Department. The Act empowers authorised officers to inspect premises, seize non-compliant waste, and take legal action against offenders. Penalties for breaches can include substantial fines and, in severe cases, imprisonment. Specifically, the Act may impose fines of up to AUD 5.5 million for corporations and AUD 1.1 million for individuals, alongside potential imprisonment terms of up to seven years for serious offences. These penalties underscore the importance of adhering to the legislative requirements and highlight the seriousness with which the Act treats non-compliance.