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 (AUH15-072) has been received from Sims Group Australia Holdings Pty Ltd, 148 Dunn Road, Rocklea, Queensland, 4106.
The application relates to the import of up to 500 tonnes of used lead acid batteries (Basel Code A1160) from New Caledonia for recovery operation R4 – Recycling/reclamation of metals and metal compounds.
The waste would be transported by sea from New Caledonia direct to Brisbane.
The proposed transboundary movement would take place in up to 25 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 email 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.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
26 November 2015
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision.
An application for independent review of the decision may be made to the Administrative Appeals Tribunal on payment of the relevant fee by the applicant within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if the reasons for the decision are not sought. Applications should be made to the Deputy Registrar, Administrative Appeals Tribunal in your capital city, as listed under Commonwealth Government Section in the White Pages. Further enquiries should be directed to:
Director, Hazardous Waste Section
Department of the Environment
GPO Box 787 CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a regulatory framework for the export and import of hazardous waste, with the primary objective of protecting the environment and human health from the risks associated with the transboundary movement of hazardous waste. The Act was introduced to address the need for stringent controls on the movement of hazardous waste, particularly in light of the growing concerns about environmental degradation and the need for international cooperation in managing hazardous waste. The Act empowers the Australian Government to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thereby ensuring compliance with international standards for the safe management of hazardous materials. The legislation was enacted by the Parliament of Australia and aims to prevent the uncontrolled movement of hazardous waste that could potentially harm the environment and public health.
Scope and Application
The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to an application received by the Department of the Environment from Sims Group Australia Holdings Pty Ltd for the import of up to 500 tonnes of used lead acid batteries from New Caledonia. This legislation applies to the entities involved in the transboundary movement of hazardous waste, ensuring that such activities comply with Australian regulations and international agreements, such as the Basel Convention. The act's jurisdictional reach is national, overseeing the import and export of hazardous waste across state and territory borders. The application must adhere to the specific guidelines and criteria set out in the act, which includes the potential for exemptions or exclusions depending on the type and amount of waste involved. The permit application is open for public comment for 28 days, allowing stakeholders to voice their concerns or objections. Additionally, the act allows for review of decisions by the Administrative Appeals Tribunal, providing a mechanism for redress if the applicant or affected parties believe the decision is flawed.
Key Provisions
The main operative sections of the notice pertain to the receipt of an application (AUH15-072) from Sims Group Australia Holdings Pty Ltd under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This application is for the import of up to 500 tonnes of used lead acid batteries from New Caledonia for recycling purposes (section 33). The proposed import involves the transboundary movement of hazardous waste and requires specific authorisation under the Act. The notice indicates that the waste will be transported by sea from New Caledonia to Brisbane, with up to 25 shipments anticipated over the period specified in the permit if granted. Public comments on this application can be submitted within 28 days of the Gazette publication to the Department of the Environment.
The Act imposes several obligations on the parties involved. Firstly, Sims Group Australia Holdings Pty Ltd must ensure that all aspects of the import comply with the Hazardous Waste (Regulation of Exports and Imports) Act 1989, including the conditions specified in the permit if granted. The Department of the Environment is tasked with reviewing the application and making a decision based on the criteria outlined in the Act. Additionally, the public has the right to comment on the application, which must be done within the stipulated 28-day period. The department must also ensure that any confidential commercial information is protected when sharing comments with the applicant.
There are significant consequences for breaches of the Act. Should Sims Group Australia Holdings Pty Ltd or any other party fail to comply with the provisions of the Act, they may face civil or criminal penalties. The Act does not specify maximum penalties within the notice itself, but typically, breaches can lead to substantial fines, imprisonment, or both, depending on the severity and intent of the violation. Additionally, any party whose interests are adversely affected by the decision can request reasons for the decision and apply for an independent review by the Administrative Appeals Tribunal within the prescribed timeframes. Failure to adhere to these processes may result in further legal repercussions.