Notice of application received from V.H. International Holding Pty Ltd T/A V Resource to export lead paste to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the potential environmental and health risks associated with the export and import of hazardous waste. The Act was introduced to ensure that hazardous waste is managed in a manner that protects human health and the environment, both in Australia and in the countries to which the waste is exported. This legislation was enacted by the Parliament of Australia, reflecting a policy objective to regulate the transboundary movement of hazardous waste to prevent illegal traffic and ensure that it is conducted in an environmentally sound manner. The Act provides a framework for the control of exports and imports of hazardous waste, including the requirement for prior written consent from the relevant authorities in both the exporting and importing countries. The notice of application received under this Act highlights the specific details of an application for the export of hazardous waste, indicating the intent to manage and regulate such movements to mitigate potential risks.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste and other wastes, regulating these activities to protect the environment and human health. The Act governs entities and individuals involved in the transboundary movement of waste, ensuring compliance with national and international standards. The legislation is applicable on a national level across Australia, providing a framework for managing hazardous waste movement, including the export and import processes. The Act includes provisions for permit requirements and the monitoring of waste shipments, with specific application to entities such as V.H. International Holding Pty Ltd, as illustrated in the notice of application for exporting lead paste from used lead-acid batteries. The Act does not specify exclusions or exemptions explicitly in the notice but relies on the permit application process to determine eligibility and compliance with hazardous waste management practices. Subordinate instruments and guidelines may extend or refine the application of the Act, ensuring detailed regulation of hazardous waste movements. The notice indicates that V.H. International Holding Pty Ltd, trading as V Resource, has applied under the Act to export hazardous waste to a facility in the Republic of Korea. The application covers up to 3600 tonnes of lead paste from used lead-acid batteries, categorised under Basel Code A1010, for recycling purposes. The geographic scope of the Act extends to international transboundary movements, encompassing the export from Australia to another country. The notice also specifies the logistics of the movement, including the number of shipments and the ports of departure and arrival. This application exemplifies the Act’s role in controlling and overseeing the export of hazardous waste to protect both domestic and international environmental and health standards.

Key Provisions

The primary operative section relevant to this notification is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act). This section mandates that any party wishing to export hazardous waste must first submit an application to the relevant authorities. Section 33(1) requires that such applications be accompanied by detailed information about the hazardous waste, the proposed method of transport, and the intended recipient. The Act further specifies in Section 33(2) that the application must include a description of the waste, its classification under the Basel Convention, and the purpose of the export, which in this case is the recycling and reclamation of metals and metal compounds. The Act imposes several obligations on the parties involved in the export of hazardous waste. Firstly, as per Section 34, the applicant, V.H. International Holding Pty Ltd T/A V Resource, must ensure that the hazardous waste is managed in a manner that minimises risks to human health and the environment. This includes providing detailed information on the waste's composition and handling procedures. Additionally, Section 35 requires that the applicant obtain a permit from the relevant authority before proceeding with the export. The permit process involves a thorough assessment of the proposed export to ensure compliance with the Act and international obligations under the Basel Convention. In terms of penalties and consequences for non-compliance, Section 51 of the Act outlines that any person who exports hazardous waste without a permit or in breach of the conditions of the permit is liable to face significant penalties. Under Section 51(1), the maximum penalty for such an offence is a fine of up to $330,000 for an individual or $1.65 million for a corporation, or both imprisonment for up to five years and the aforementioned fines. Furthermore, Section 51(2) provides that any person who knowingly causes or permits the export of hazardous waste in breach of the Act can also be subject to these penalties. These provisions underscore the importance of adhering to the regulatory requirements to avoid severe legal repercussions.