Notice of Application Received from Supercharge Batteries Pty Ltd to export of up to 12 600 tonnes of used lead acide batteries

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the export and import of hazardous waste in Australia. This legislation was introduced to ensure that hazardous waste is managed in a manner that protects human health and the environment both within Australia and in other countries. The Act establishes a regulatory framework to oversee the transboundary movement of hazardous waste, thereby fulfilling Australia's obligations under international agreements like the Basel Convention. The policy objective of the Act is to prevent and control the export of hazardous waste unless it is done in a manner that is environmentally sound and in accordance with the laws of the importing country. Enacted by the Parliament of Australia, the Act empowers the Minister for the Environment to issue permits for the export of hazardous waste, subject to rigorous assessment and approval processes to safeguard against potential environmental risks and ensure proper waste management practices.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the transboundary movement of hazardous waste, including the export of specified quantities of used lead acid batteries. In this instance, the Act applies to Supercharge Batteries Pty Ltd, which is seeking to export up to 12,600 tonnes of used lead acid batteries to the Philippines. The application is for the export of these batteries to be transported by ship from various Australian ports, with a transit stop in Singapore, to reach the Evergreen Environmental Resources Inc facility in the Philippines, where they will undergo recycling processes R4 and R5. The Act’s jurisdiction covers the movement of hazardous waste across international borders, necessitating compliance with the permit process to ensure environmentally sound management. The application specifies the geographic scope, detailing the movement from Australian ports through Singapore to the Philippines, and the Act extends its reach to regulate such movements through the issuance of permits. No exclusions, exemptions, or thresholds are detailed in the notice, implying that the application is subject to the full scope of the regulatory provisions. Subordinate instruments may further refine the requirements and conditions of such permits.

Key Provisions

The notice of application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as detailed in section 33 of the Act, informs the public that Supercharge Batteries Pty Ltd has submitted an application for the export of up to 12,600 tonnes of used lead acid batteries. This application is for the export of these hazardous materials to a recovery facility operated by Evergreen Environmental Resources Inc, located in Santa Maria, Bulacan, Philippines. The export is planned to occur via sea transport from Australian ports, including Fremantle, Adelaide, Melbourne, Botany, and Brisbane, with a transit stop in Singapore before reaching Manila in the Philippines. The recovery process at the facility will involve operations R4 and R5, which include the recycling and reclamation of metals, metal compounds, and other inorganic materials. The notice also indicates that the entire export operation, if permitted, is expected to be conducted over up to 58 separate shipments. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on parties involved in the export of hazardous waste. Firstly, section 33 requires the delegate to the Minister to give notice of any received application, which has been fulfilled in this case. This notice ensures transparency and public awareness of the proposed export. Additionally, the Act mandates that the application must provide detailed information about the waste, the intended recovery operations, and the logistics of the export, as specified in the notice. The Act also requires that any exports must comply with the conditions set out in the permit, if granted, and that the exporting party must adhere to all environmental protection measures and waste management practices stipulated by the Act. The Act also outlines specific consequences for breaches of its provisions. Section 106 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 states that any person who contravenes a provision of the Act may be subject to civil or criminal penalties. For civil penalties, section 106(2) stipulates that an offence can result in a penalty of up to $275,000 for an individual and up to $1,375,000 for a body corporate. Criminal penalties are also available under section 106(3), where an individual can face imprisonment for up to five years, or a body corporate can face fines of up to $5,000,000. These penalties underscore the seriousness of compliance with the Act and the potential ramifications for any breaches.