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 an application for a special transit permit was received from Metalman New Zealand Limited, 1 Rangi Road, Takanini, Auckland 2105, New Zealand on 27 February 2015.
The application relates to the proposed transit through Brisbane of up to 3 000 tonnes of used lead acid batteries (Basel code: A1160) en route from New Zealand to Korea for recovery operation R4 - recycling/reclamation of metals and metal compounds.
The transboundary movements would take place in up to 80 shipments, during the time period stated in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of Gazette publication addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or by e-mail at hwa@environment.gov.au. Respondents should be aware that comments will be shared with the applicant and should not contain commercial-in-confidence information.
Declan O’Connor-Cox
Delegate to the Minister
Waste Policy Branch
Department of the Environment
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the need for stringent control over the export and import of hazardous waste, aiming to protect human health and the environment from the risks associated with such activities. This Act was introduced to fill the legislative gap in managing transboundary movements of hazardous waste, ensuring that they are conducted in an environmentally sound manner. The Act provides a framework for the regulation of hazardous waste movements, including the requirement for special transit permits for certain types of hazardous waste. This notice of application under the Act, published in the Gazette, indicates that Metalman New Zealand Limited has applied for such a permit to transit used lead acid batteries through Brisbane, underscoring the Act's role in overseeing and controlling the movement of hazardous materials across international borders. The policy objective of the Act is to ensure that hazardous waste is managed in a way that minimises potential harm to human health and the environment, both within Australia and in relation to transboundary movements.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any entity or person proposing to export or import hazardous waste within Australia and its territories. This includes the management, control, and transit of hazardous wastes, ensuring they are handled in a manner that safeguards human health and the environment. The Act's jurisdictional reach is national, extending to all states and territories, as well as to transboundary movements as regulated by international agreements such as the Basel Convention. The application of this Act is broad, encompassing all hazardous wastes listed under the Basel Convention, including but not limited to used lead acid batteries, which are subject to the application in question. The Act does not specify exclusions or exemptions explicitly in the text, but the requirement for a special transit permit indicates a stringent regulatory approach for certain hazardous waste movements. Additionally, the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on permit conditions and waste classifications.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) requires that notice be given when an application for a special transit permit has been received. In this case, the notice pertains to an application from Metalman New Zealand Limited, a company based in Auckland, New Zealand, which seeks to transit up to 3,000 tonnes of used lead acid batteries from New Zealand to Korea through Brisbane. The proposed recovery operation involves recycling and reclaiming metals and metal compounds, as denoted by Basel code A1160. The transit will occur in up to 80 shipments, and the permit, if granted, will stipulate the time period for these movements.
The Act imposes certain obligations on both the applicant and the Department of the Environment. The applicant, Metalman New Zealand Limited, must submit a detailed application that includes the type and quantity of hazardous waste, the route of transit, the method of recovery, and the countries involved. The Department, upon receiving the application, must process it and make it publicly available, allowing for a period of 28 days for written comments from interested parties. The Department must also ensure that all comments received are shared with the applicant, keeping in mind the confidentiality of the information shared.
Failure to comply with the provisions of the Act may result in legal consequences. For instance, if Metalman New Zealand Limited does not adhere to the terms of the permit, or if the Department fails to properly process the application and public comments, both parties could face enforcement actions. Additionally, if any party submits information that is deemed commercially sensitive and is later disclosed, it could lead to legal disputes. While the Act does not specify particular penalties for these breaches, they could potentially lead to fines or other enforcement actions under broader environmental and hazardous waste legislation.