Notice of Application received from Schlumberger Australia Pty Ltd to export used lithium batteries in equipment to Canada for recovery operations

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. This legislation was introduced to fill a significant gap in environmental protection by regulating the transboundary movement of hazardous waste, ensuring that such waste is managed in an environmentally sound manner. The policy objective of the Act is to prevent the transfer of hazardous waste to countries that may not have the capacity to handle such waste safely, thereby protecting human health and the environment from potential harm. The Act provides a framework for the permitting of hazardous waste movements, requiring applicants to demonstrate compliance with both Australian and international standards, including those set by the Basel Convention. The Act empowers the relevant authorities to make informed decisions on applications for hazardous waste movements, ensuring that any potential risks are adequately assessed and managed.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity that intends to export, import, or transit hazardous waste through Australia. The Act governs the management and regulation of the movement of hazardous waste to ensure it is handled, treated, and disposed of in an environmentally sound manner. The application of this Act extends to all Commonwealth territories and includes the regulation of specific hazardous wastes listed under the Basel Convention, which aims to control transboundary movements of hazardous wastes and their disposal. In this instance, Schlumberger Australia Pty Ltd, a company based in Perth, has applied for a permit to export used lithium batteries, classified under Basel Code A1180, to a facility in Canada operated by Toxco Waste Management Ltd. The geographic reach of the Act is national, as it governs the movement of hazardous waste across Australian borders and is applicable to international movements as well. The Act may be subject to exclusions or exemptions based on specific conditions outlined in subordinate instruments, but in this case, no such exclusions or thresholds are mentioned. The proposed movement of hazardous waste from Sydney to Canada involves multiple stages, including sea transport to the United States before continuing to Canada. The public is invited to provide written comments on the permit application to the Department of the Environment within 28 days of the notice publication in the Commonwealth of Australia Gazette, with the understanding that shared comments will be disclosed to the applicant and should not contain any confidential commercial information.

Key Provisions

The main operative sections of the Gazetted notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 include Section 33, which mandates that notice must be given when an application has been received for the export of hazardous waste. In this particular case, Schlumberger Australia Pty Ltd has applied for the export of up to 2 tonnes of used lithium batteries in equipment, which are classified under Basel Code A1180, to Toxco Waste Management Ltd in Canada. This export is intended for the purpose of recovery operation R4 – Recycling/reclamation of metals and metal compounds. The waste will be transported from Sydney by sea to the United States and then either by road or sea to Canada. The notice specifies that this transboundary movement could involve up to six shipments, contingent upon the permit being granted. The Act imposes several obligations and requirements on the parties involved in this process. Firstly, the applicant, Schlumberger Australia Pty Ltd, must provide detailed information about the nature of the hazardous waste, the intended recipient, the method of transportation, and the proposed recovery operations. The Department of the Environment, through its Hazardous Waste Section, must then review this application to ensure it complies with all relevant regulations and international agreements, such as the Basel Convention. Additionally, the notice allows for a 28-day period during which written comments can be submitted by interested parties. This transparency ensures that stakeholders can provide input, although they must be mindful that their comments will be shared with the applicant and should not include any commercial-in-confidence information. In terms of potential breaches and the associated penalties, the Act stipulates that failure to comply with the requirements for exporting hazardous waste can result in severe consequences. For instance, if the applicant does not adhere to the outlined procedures or if the waste is not handled in accordance with the approved recovery operations, they may face civil or criminal penalties. Although the exact penalties are not specified in the notice, under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, breaches of hazardous waste regulations can result in substantial fines, both for individuals and corporations. In more severe cases, criminal charges may be pursued, leading to imprisonment. These provisions underscore the importance of strict adherence to the regulations governing the export of hazardous waste in Australia.