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 AUH15-076 was received from Orbitas Pty Ltd, Building 10, Level 1, 658 Church Street, Richmond, Victoria, 3121, Telephone: 1300 783 879, Fax: 1300 783 870.
The application relates to the import of up to 400 tonnes of used lead acid batteries (Basel Code A1160) for recovery operations R1 – Use as a fuel (other than in direct incineration) or other means to generate energy – use principally as a fuel or other means to generate energy, R4 – Recycling/reclamation of metals and metal compounds and R6 – Regeneration of acids or bases at Renewed Metal Technologies Pty Ltd.
The waste would be transported by sea from Auckland, New Zealand direct to Port Botany and then by road to the facility operated by Renewed Metal Technologies Pty Ltd.
The transboundary movement would take place in up to 12 shipments during the time period specified in the permit, if granted.
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, 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.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
2 December 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Commonwealth Parliament to address the need for stringent control over the transboundary movement of hazardous waste. This legislation was introduced to ensure that Australia could effectively manage and regulate the import and export of hazardous waste, thereby protecting the environment and public health from potential risks associated with such activities. The Act provides a framework for the assessment and approval of hazardous waste movements, as well as for monitoring and enforcement to ensure compliance with national and international obligations. In this context, the policy objective of the Act is to prevent the improper disposal and management of hazardous waste, which can have detrimental effects on both human health and the environment. The notice of application received under this Act pertains to an application for the import of used lead acid batteries for specific recovery operations, highlighting the Act's role in regulating such activities to ensure they are conducted in a safe and environmentally responsible manner.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia, including the management and transportation of such waste. This Act is of national jurisdiction and is overseen by the Commonwealth Government, with a focus on regulating the transboundary movement of hazardous materials to ensure they are managed in an environmentally sound manner. The Act applies to specific entities and individuals involved in the process of exporting or importing hazardous waste, such as Orbitas Pty Ltd in this instance, which has applied for the import of used lead acid batteries for specified recovery operations at Renewed Metal Technologies Pty Ltd. This transboundary movement, from Auckland to Port Botany and then to the facility in New South Wales, is subject to the provisions of the Act, which includes requirements for notification, assessment, and potentially the issuance of a permit. Exclusions or exemptions from the application of this Act are not specified within the scope of this notice; however, the Act does provide mechanisms for subordinate instruments to further detail application and enforcement. The public is invited to provide comments on the permit application, ensuring transparency and stakeholder engagement in the regulatory process.
Key Provisions
The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to this application are Sections 32 and 33, which govern the notification process and the import of hazardous waste. Section 32 mandates that an applicant must submit an application to the Minister for a permit to import hazardous waste, while Section 33 requires the Minister to publish a notice of the application in the Commonwealth Gazette, inviting public comment (s32, s33). In this instance, the application AUH15-076 from Orbitas Pty Ltd seeks to import up to 400 tonnes of used lead acid batteries for specified recovery operations at Renewed Metal Technologies Pty Ltd. The waste will be transported from Auckland, New Zealand, to the facility in Port Botany, Sydney, and then by road.
The Act imposes several obligations on the parties involved. Firstly, Orbitas Pty Ltd must ensure that the import of the hazardous waste complies with all conditions stipulated in the permit if granted. This includes adhering to the specified recovery operations and ensuring the waste is transported and managed in a manner that minimises risk to human health and the environment (s32(2)). Renewed Metal Technologies Pty Ltd, as the facility operator, must also comply with any conditions attached to the permit that govern the handling, storage, and processing of the imported waste. Both entities must provide any necessary information to the Department of the Environment to facilitate the assessment of the application.
In terms of compliance and enforcement, breaches of the Act can lead to various consequences. Section 36 of the Act outlines offences such as importing hazardous waste without a permit or contravening the conditions of a permit. The maximum penalties for such offences are substantial, with individuals facing fines of up to $5.5 million or imprisonment for up to 10 years, or both, for serious or repeated breaches. Companies may face even higher penalties, reflecting the serious nature of mishandling hazardous materials. Additionally, failure to comply with the permit conditions can result in the permit being revoked, effectively halting the import operation and potentially leading to further legal action. The Act also provides for civil penalties and remedies for any harm caused by non-compliance with its provisions.