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 Powercell (Australia) Trading Pty Ltd, 230 Halifax Street, Adelaide, South Australia, 5000.
The application relates to the export of up to 100 tonnes of waste comprising nickel cadmium, nickel metal hydride and lithium ion batteries (Basel Code A1170) to Osaka, Japan, for recovery operation R4 – Recycling/reclamation of metals and metal compounds at the facilities of Nippon Recycle Center Corp.
The waste would be transported by sea from Melbourne direct to the Port of Kobe, or the Port of Osaka, Japan.
The proposed transboundary movement would take place in up to 6 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 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
Acting Assistant Secretary
Waste Policy Branch
15 May 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the transboundary movement of hazardous waste, ensuring it is managed in an environmentally sound manner. This Act was introduced by the Parliament of Australia, with the policy objective of aligning Australia's waste management practices with international standards and agreements, particularly the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The legislation aims to provide a framework for the regulation of hazardous waste exports and imports, thus protecting human health and the environment from the adverse effects of improper waste management practices. The notice of application under this Act signifies an effort to comply with these regulatory measures by seeking permission to export specific types of waste to another country for recycling, subject to stringent environmental and safety standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste within Australia, including the transboundary movement of such waste to and from other countries. The Act governs the export of hazardous waste, ensuring that it is managed in an environmentally sound manner and in compliance with international agreements such as the Basel Convention. The legislation applies to any person or entity proposing to export hazardous waste, including Powercell (Australia) Trading Pty Ltd in this particular case, which is seeking to export up to 100 tonnes of specific battery waste to Japan for recycling purposes. The geographic reach of this Act is national, extending to the regulation of hazardous waste movements across international borders, thereby ensuring compliance with both Australian and international standards. Exclusions and exemptions within the Act are determined by the nature of the waste and the intended process, with certain types of waste or movements potentially qualifying for exemptions under specific conditions. The Act may also be extended or restricted by subordinate instruments, such as regulations or guidelines, which provide further detail on the implementation and enforcement of the legislative provisions.
Key Provisions
The main operative section of the legislation in question is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section requires that notice be given when an application has been received for the export of hazardous waste, allowing for public comment and oversight. In this instance, the application (paragraph 2) from Powercell (Australia) Trading Pty Ltd pertains to the export of up to 100 tonnes of specified battery waste, classified under Basel Code A1170, to Japan for recycling purposes. This movement is planned to occur in up to six shipments, directly from Melbourne to Japanese ports.
Under the Act, the obligations imposed on the parties involved are quite clear. The applicant, Powercell (Australia) Trading Pty Ltd, must provide detailed information about the waste, the intended recovery operations, and the transport logistics. Additionally, the Department of the Environment is tasked with managing the review process, which includes allowing a 28-day window (paragraph 4) for the public to submit written comments on the proposed export. The public can lodge their comments either by post or email, with a specific address provided for submissions. It is important to note that any information shared in the comments will be disclosed to the applicant.
Breaching the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant consequences. If an entity fails to comply with the notification and review provisions, they could face civil penalties. Furthermore, if the export of hazardous waste without proper authorisation occurs, it could result in criminal penalties. The exact penalties are not specified in the notice but are outlined elsewhere in the Act, which may include fines or imprisonment depending on the severity and intent of the breach. The potential for both civil and criminal repercussions underscores the importance of adherence to the legislative framework governing the export of hazardous waste.