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 AUH16-025 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 1000 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 Bytec Ltd.
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 by the Parliament of Australia to address the issue of hazardous waste being exported from or imported into the country without proper oversight or regulation, which could potentially harm the environment and public health. This Act empowers the Australian government to control the transboundary movement of hazardous waste and ensures that such waste is managed in a way that protects human health and the environment. The policy objective of the Act is to ensure that hazardous waste is exported or imported only with the necessary safeguards and consent, and that the activities are carried out in an environmentally sound manner. The notice of application received under this Act highlights the practical application of the legislation, as it involves the transit of used lead acid battery scrap through Australia, and provides an opportunity for public comment on the proposed export.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous wastes in Australia, specifically focusing on the environmental impacts and safety concerns associated with such activities. The Act governs the entities involved in the transportation of hazardous waste, including Metalman New Zealand Limited in this case, and the industries associated with the waste's origin, transit, and destination. This legislation extends its reach to both Commonwealth and international jurisdictions, as evidenced by the transit of used lead acid battery scrap from New Zealand to the Republic of Korea via Brisbane. The Act sets out the procedure for applications such as the one made by Metalman New Zealand Limited, which must include details of the hazardous waste, the intended route, and the purpose of the transit. The Act does not specify exclusions or exemptions but allows for the issuance of permits subject to conditions that may be outlined in subordinate instruments. The public is given an opportunity to provide feedback on the application, ensuring transparency and community involvement in hazardous waste management decisions.
Key Provisions
The notice provided under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that an application AUH16-025 has been received from Metalman New Zealand Limited for the transit of up to 1000 tonnes of used lead acid battery scrap through Brisbane. This application is for the movement of this waste from New Zealand to the Republic of Korea for recycling operations at Bytec Ltd. The notice invites written comments from the public, which can be submitted to the Director of the Hazardous Waste Section within 28 days of the notice publication. It is important that these comments are not confidential as they will be shared with the applicant.
The Act imposes several obligations on the parties involved. Firstly, Metalman New Zealand Limited must ensure that the hazardous waste is managed in a way that does not harm human health or the environment, complying with all relevant regulations and conditions outlined in the Act. Additionally, the transit through Brisbane must adhere to any specific conditions or requirements set by the authorities overseeing hazardous waste management in Australia. The Act also requires Metalman New Zealand Limited to notify the Department of the Environment and Energy about the transit, providing detailed information about the waste, the route, and the intended recovery operations.
Failure to comply with the provisions of the Act can result in various consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches may lead to enforcement actions, including fines and legal proceedings. Specifically, section 48 of the Act provides for penalties of up to $66,000 for individuals and $330,000 for bodies corporate for non-compliance. Additionally, the Act allows for the issuance of directions or orders to rectify any breaches, and in severe cases, the suspension or cancellation of permits related to hazardous waste management. It is crucial for all parties to adhere to the regulatory requirements to avoid these penalties and ensure the safe and lawful handling of hazardous waste.