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 has been received from Orbitas Pty Ltd, 18 Station Street, Wagga Wagga, New South Wales 2650 to import up to 80 tonnes of Used Lead Acid Batteries (ULABs) from SA Pacific Sud Accumulatear, Zi de Titioro, PO Box 537 Papeete, Tahiti, in French Polynesia for recovery operations R1, R4 and R6, namely for “use as a fuel or other means to generate energy”; “recycling/reclamation of metals and metal compounds” and “regeneration of acids or bases” respectively.
The export would take place in four (4) shipments during a twelve (12) month period commencing on the date of the permit, if granted.
The waste will be transported by road from the SA Pacific Sud Accumulatear facility to the Port of Papeete in Tahiti. The waste will depart by ship from the Port of Papeete and will transit the Port of Lautoka, Fiji and the Port of Noumea, New Caledonia on its voyage to the Port of Botany, Australia. The waste will then be transported by road from the Port of Botany to the recovery facility, Australian Refined Alloys, 202-212 Euston Road, Alexandria, New South Wales in Australia.
Andrew McNee
Assistant Secretary
Environment Protection Branch
11 February 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was introduced to address the need for stringent control and regulation over the export and import of hazardous waste materials across Australia. This legislation was enacted by the Parliament of Australia with the primary objective of protecting the environment and public health from the potential risks associated with the movement of hazardous waste. By requiring permits for such activities, the Act ensures that any export or import of hazardous waste is carried out under strict conditions that mitigate potential harm. The Act empowers the responsible authorities to monitor, control and manage hazardous waste flows, thereby reinforcing Australia's commitment to international environmental protection standards and obligations. The notice of application received from Orbitas Pty Ltd under this Act highlights the practical implementation of these regulatory measures to oversee the importation of hazardous materials for specified recovery operations.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to the regulation of the export and import of hazardous waste, with its application extending across the Commonwealth of Australia. This Act is pertinent to entities involved in the export or import of hazardous waste, such as Orbitas Pty Ltd in this case, and applies to specific hazardous waste materials, including Used Lead Acid Batteries (ULABs) in the mentioned notice. The geographic reach of the Act includes both domestic and international transactions, as evidenced by the cross-border movement of hazardous waste from French Polynesia to Australia. The Act’s provisions are designed to control the movement of hazardous waste to prevent environmental harm and ensure safe handling, transport, and processing of such materials. The Act provides mechanisms for approving or rejecting applications for hazardous waste imports, as demonstrated by Orbitas Pty Ltd’s application to import ULABs for specified recovery operations. The Act does not detail specific exclusions or exemptions but allows for subordinate instruments to further define application details and operational standards.
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 to import hazardous waste is received. Orbitas Pty Ltd has applied to import up to 80 tonnes of Used Lead Acid Batteries (ULABs) from French Polynesia, for specific recovery operations including generating energy, recycling metals, and regenerating acids. The import is planned in four shipments over a twelve-month period. The batteries will be transported by road and sea, with intermediate stops in Fiji and New Caledonia before reaching their final destination in Australia. This notice ensures transparency and allows for scrutiny of the proposed import to protect environmental and public health.
The Act imposes several obligations on parties involved in the import of hazardous waste. Under section 33, an applicant like Orbitas Pty Ltd must provide detailed information about the waste, the intended recovery operations, and the transportation route. This includes specifying the type and quantity of waste, the export and import locations, and the recovery processes to be undertaken. Additionally, the applicant must comply with any conditions set by the Minister for Environment, including obtaining necessary permits and ensuring the waste is managed in an environmentally sound manner. These obligations ensure that hazardous waste is handled responsibly and that risks to human health and the environment are minimised.
Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Under section 47A of the Act, any person who contravenes the Act can be fined up to $330,000 for an individual offence and $1.65 million for a corporate offence. Additionally, section 47D imposes stricter penalties for offences related to the illegal import of hazardous waste, with fines up to $660,000 for individuals and $3.3 million for corporations. These penalties reflect the serious nature of mishandling hazardous waste and the potential risks to health and the environment. Furthermore, ongoing non-compliance may lead to the revocation of permits and further legal action, reinforcing the importance of adherence to the Act’s requirements.