Notice of application received from Schlumberger Australia Pty Ltd to export up to 2 000 kilograms of waste lithium metal batteries

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, aiming to protect human health and the environment from the risks associated with the movement of hazardous materials across international borders. This Act was introduced to address the need for stringent control over the transboundary movement of hazardous waste to prevent environmental harm and ensure that such waste is managed in an environmentally sound manner. The policy objective of the Act is to provide a framework for the environmentally sound management of hazardous waste, including its transboundary movement, by imposing restrictions and requirements on the export and import of such waste. The Act was enacted by the Australian Parliament, reflecting a commitment to international obligations under agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the movement of hazardous waste across international borders, specifically targeting entities and individuals involved in such activities within Australia. This Act imposes stringent controls over the export and import of hazardous waste, aiming to mitigate potential environmental and health risks associated with the transboundary movement of such materials. The legislation is applicable to any entity or person intending to export hazardous waste from Australia, including companies like Schlumberger Australia Pty Ltd, as evidenced by their recent application under the Act. The geographic scope of this legislation extends beyond Australian borders, reaching international waters and other countries, as highlighted in the case of the proposed export of waste lithium metal batteries to Toxco Waste Management Ltd in Canada. The Act's jurisdictional reach is national, governing all transboundary movements of hazardous waste originating from Australia, subject to approval by the relevant authorities. While the Act broadly encompasses various industries and types of hazardous waste, specific exclusions or exemptions are not detailed in this particular application notice. However, the Act does allow for the extension or restriction of its application through subordinate instruments, which may include detailed regulations and guidelines further defining the scope and conditions under which hazardous waste can be exported.

Key Provisions

Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, Section 33 requires that notice be given when an application is received for the export of hazardous waste from Australia. In this case, Schlumberger Australia Pty Ltd has applied to export up to 2000 kilograms of waste lithium metal batteries contained in equipment to Toxco Waste Management Ltd in Canada for the purpose of recycling metals and metal compounds (Section 33). The application details that the waste will leave Australia through Port Botany, with potential transit stops in New Zealand and the USA, before reaching Toxco's facility in Trail, British Columbia. This journey is planned to occur in six shipments, as outlined in the permit application. The Act imposes several obligations on the parties involved in the transboundary movement of hazardous waste. Schlumberger Australia Pty Ltd, as the exporter, must ensure that the waste is managed in a manner that minimises risk to human health and the environment (Section 30). Toxco Waste Management Ltd, as the importer, must have appropriate facilities and processes to handle the hazardous waste in compliance with Canadian regulations. Both parties are required to provide detailed documentation about the waste, its management, and the proposed recovery operations (Section 34). The exporters must also ensure that the waste is accompanied by a Movement Document that contains specific details of the transboundary movement (Section 35). Failure to comply with the provisions of the Act may result in civil or criminal penalties. Under Section 39, any person who contravenes the Act, or any regulations or orders made under it, is liable to a penalty. The maximum penalty for an individual is $500,000 or imprisonment for five years, or both. For a body corporate, the maximum penalty is $2,500,000 or, in the case of a continuing offence, $50,000 for each day the offence continues (Section 40). Additionally, the Act provides for the imposition of other civil remedies and enforcement actions to ensure compliance and to address any environmental harm resulting from non-compliance (Section 41).