Notice of application received from TES-AMM Australia Pty Ltd to export waste alkaline and manganese batteries to the Republic of Korea for recovery operation

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of improper management and disposal of hazardous waste, including its transboundary movement, which poses significant risks to human health and the environment. This legislation aims to regulate the export and import of hazardous waste to ensure that such activities are conducted in an environmentally sound manner, in accordance with the principles of the Basel Convention. The Act empowers the Minister for the Environment to grant or refuse permits for the export of hazardous waste and establishes a framework for monitoring and enforcement. The policy objective of the Act is to protect human health and the environment from the potential hazards associated with the transboundary movement of hazardous waste, while facilitating the responsible management of such waste within the international trade framework. The Act was passed by the Parliament of Australia, reflecting a commitment to uphold international environmental standards and to mitigate the risks associated with hazardous waste exports and imports.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports within Australia, ensuring they are conducted in an environmentally sound manner. This Act is applicable to entities, such as TES-AMM Australia Pty Ltd, who intend to export hazardous waste, and to the specified hazardous waste types, in this case waste alkaline and manganese batteries classified under Basel Code A1170. The geographic reach of this Act is national, with the Commonwealth governing the transboundary movement of hazardous waste. The Act provides a framework within which applications for such movements must be made, including the requirement for written comments to be submitted to the Department of the Environment. The application in question outlines a specific case where waste is to be exported to the Republic of Korea for recycling purposes, subject to approval and adherence to the conditions stipulated in the permit. The Act does not specify any exclusions, exemptions, or thresholds within the text, although the application process may be extended or restricted through subordinate instruments. The public is invited to provide feedback on the application within 28 days of the notice publication, ensuring transparency and public participation in the regulatory process.

Key Provisions

The primary operative sections of the notice pertain to the notification requirements under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as detailed in the gazetted notice (Section 33). This section mandates that an application for the export of hazardous waste must be submitted, and it must include specific details about the waste, its intended destination, and the proposed method of transportation. In this case, TES-AMM Australia Pty Ltd has applied to export up to 150 tonnes of waste alkaline and manganese batteries (Basel Code A1170) to the Republic of Korea for recycling operations (Section 33). The waste will be transported via sea from major Australian ports to the Port of Busan in Korea, with up to seven shipments planned over the permit period, should the permit be granted. The Act imposes several obligations on the parties involved in the transboundary movement of hazardous waste. Firstly, the applicant, TES-AMM Australia Pty Ltd, must provide detailed information about the waste, the proposed recovery operation, and the transportation logistics to the Department of the Environment. This includes the type and quantity of waste, the destination, and the recovery operation R4, which involves the recycling/reclamation of metals and metal compounds. Secondly, the Department of the Environment must review the application and make a decision based on the information provided and any feedback received from the public during the comment period. Additionally, the Act requires that any comments submitted by the public must be considered in the decision-making process, and such comments will be shared with the applicant. The legislation outlines specific consequences for breaches of its provisions. While the notice itself does not detail specific offences or penalties, the Hazardous Waste (Regulation of Exports and Imports) Act 1989 contains provisions for enforcement actions against those who fail to comply with the Act. This could include civil or criminal penalties, with the potential for substantial fines and imprisonment, depending on the severity of the breach. The Act empowers the Department of the Environment to take enforcement actions against non-compliance, ensuring that hazardous waste is managed and transported in a manner that protects human health and the environment. The maximum penalties for breaches of the Act are not specified in the notice but are detailed elsewhere within the legislation.