Notice of application received from Sims Group Australia Holdings Ltd to import used lead acid batteries from New Caledonia for metals recovery

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the growing issue of transboundary movement of hazardous wastes, particularly the export and import of such materials that could potentially harm the environment and human health. This legislation was introduced by the Australian Parliament to ensure that hazardous waste is managed responsibly, aligning with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective of the Act is to regulate the export and import of hazardous wastes in a manner that protects the environment and public health, by requiring permits for such activities and ensuring that they comply with stringent environmental standards. The Act facilitates the control and oversight of hazardous waste movements, ensuring they are conducted in an environmentally sound manner, thereby addressing the gap in national regulations concerning hazardous waste management.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the management of hazardous waste movement across international borders within Australia. This Act applies to any person or entity intending to export or import hazardous waste, including companies such as Sims Group Australia Holdings Ltd, which in this instance is seeking to import used lead acid batteries from New Caledonia for recycling purposes. The legislation mandates that an application for such imports must be submitted and approved before any transboundary movement occurs. The geographic reach of this Act is national, with the Commonwealth overseeing the regulation of hazardous waste movements. The Act's application is not restricted by state or territory boundaries but extends across Australia to ensure a unified approach to hazardous waste management. Notably, the Act does not specify any exclusions or exemptions but requires detailed documentation and adherence to outlined procedures for any hazardous waste import or export activity. Additionally, the Act allows for the extension or restriction of its application through subordinate instruments, which may further detail the specific requirements and conditions for handling various types of hazardous waste.

Key Provisions

The primary operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, relevant to this notice, include Section 33, which mandates that an application for a permit to export or import hazardous waste must be made in writing and include specific details about the proposed movement. Section 34 outlines the requirements for a permit, including the type and amount of hazardous waste, the method of transport, and the location of the recovery operation. Section 35 specifies that the Director must consider certain environmental and health factors when deciding whether to grant a permit. Section 42(1) provides for the public to comment on a permit application, allowing interested parties to lodge written submissions within a specified period. The Act imposes several obligations on parties seeking to import hazardous waste, including Sims Group Australia Holdings Ltd in this case. They must provide a detailed application with all necessary information, as mandated by Section 33. The applicant must also ensure that the waste is managed in an environmentally sound manner, as per Section 35(2), which includes the use of best available techniques and practices. Furthermore, the applicant must comply with all conditions set out in the permit if it is granted, such as those relating to the transport and recovery of the waste. Hydromet Operations (Southern) Limited, as the operator of the recovery facility, must ensure that the facility is equipped to handle the hazardous waste safely and in accordance with the permit conditions. The Act contains provisions for offences and penalties in cases of non-compliance with its requirements. Under Section 42A, any person who contravenes a condition of a permit commits an offence and may be subject to civil and/or criminal penalties. For civil penalties, Section 42A(2) allows for fines of up to $222,200 for individuals and up to $1,111,000 for bodies corporate, depending on the severity and nature of the breach. Criminal penalties are also applicable, with Section 42A(3) providing for imprisonment for up to five years for individuals and up to ten years for bodies corporate. These penalties underscore the importance of adhering to the Act's provisions to avoid severe legal consequences.