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

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the transboundary movement of hazardous waste, which includes hazardous substances that could pose a risk to human health and the environment if not managed properly. This Act aims to regulate the export and import of hazardous waste to ensure it is managed in an environmentally sound manner, aligning with international conventions such as the Basel Convention. The Act was introduced by the Parliament of Australia and the policy objective is to protect human health and the environment from the adverse effects of hazardous waste movement by controlling and monitoring the transboundary movement of such waste. This legislative framework ensures that hazardous waste is managed responsibly, reducing the risk of illegal traffic and improper disposal that could harm both domestic and international ecosystems.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity that intends to export or import hazardous waste within Australia's jurisdiction. This includes the proposed export of up to 20 tonnes of used lithium batteries from Schlumberger Australia Pty Ltd to Toxco Waste Management Ltd in Canada. The Act regulates the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner. The application in question pertains to the export of Basel Code A1170 waste, which involves the recycling/reclamation of metals and metal compounds at a specified facility in Canada. The geographic reach of the Act is national, extending to the regulation of hazardous waste movements across international borders. The application process, as outlined in Section 33 of the Act, allows for public comment within 28 days of publication, providing an opportunity for stakeholders to voice their opinions or concerns regarding the proposed waste movement. The Act does not specify particular exclusions or thresholds but rather leaves room for detailed regulation through subordinate instruments which may further define the scope and specifics of hazardous waste management and transboundary movements.

Key Provisions

The primary operative sections of the Gazetted notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 inform the public that an application has been received for the export of hazardous waste. Specifically, Section 33 of the Act mandates that notice of such an application be given to the public. In this instance, Schlumberger Australia Pty Ltd has applied to export up to 20 tonnes of used lithium batteries (Basel Code A1170) to Toxco Waste Management Ltd in Canada. The waste is intended to undergo recycling/reclamation of metals and metal compounds (recovery operation R4). The transportation of this waste will be conducted in multiple shipments via sea from Sydney, Australia, to the United States and then to Canada. The application specifies that this transboundary movement could occur in up to six shipments within the permit period if granted. The Act imposes several obligations and requirements on the parties involved in this application. Firstly, Schlumberger Australia Pty Ltd must provide detailed information about the hazardous waste, including its nature, quantity, and intended recovery operation. The company is also required to detail the transportation route and method. Furthermore, the notice mandates that the waste must adhere to all relevant Australian and international regulations governing hazardous waste export. The notice further provides a 28-day window for public comments, ensuring transparency and allowing interested parties to voice their concerns or objections. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. Section 52 of the Act outlines that unauthorised exports of hazardous waste are subject to penalties. The maximum penalty for an individual can be up to AUD $1.65 million or imprisonment for up to 20 years, or both. For a corporation, the maximum penalty can be up to AUD $8.25 million. These stringent penalties underscore the importance of adhering to the regulations and ensuring that all processes are followed correctly to avoid legal repercussions.