Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 - Hydromet Corporation Pty Limited

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the environmental and health risks associated with the transboundary movement of hazardous wastes. This legislation aims to ensure that such wastes are managed in an environmentally sound manner, thereby protecting human health and the environment from the potential adverse effects of their movement and disposal. The Act was introduced by the Parliament of Australia to provide a regulatory framework that aligns with international conventions, specifically the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, thereby reflecting Australia's commitment to responsible waste management practices. The policy objective of the Act is to control and regulate the export and import of hazardous wastes to prevent illegal traffic and ensure that waste is treated in an environmentally sound manner in the country of destination.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export hazardous waste from Australia or import hazardous waste into the country. In this instance, Hydromet Corporation Pty Limited has made an application to export up to 3,500 tonnes of lead waste and scrap, derived from used lead acid batteries, to Dansuk Industrial Co. Ltd. in the Republic of Korea for the purpose of recycling metals and metal compounds. The application is made pursuant to Section 33 of the Act and the notice of the application must be published to allow for public comment. The Act has a national jurisdictional reach, applying across all states and territories of Australia, as well as to any exports and imports of hazardous waste. The Act does not specify any exclusions or exemptions, but does note that subordinate instruments may extend or restrict its application. Interested parties have 28 days from the publication of this notice to submit written comments to the Department of the Environment.

Key Provisions

The key sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to the notice of application received pertain primarily to the export of hazardous waste. Section 33, which is referenced in the notice, mandates that any party intending to export hazardous waste must lodge an application with the Department of the Environment, as demonstrated by Hydromet Corporation Pty Limited’s submission of application AUH15-058. The application details the export of up to 3,500 tonnes of lead waste and scrap derived from used lead acid batteries to the Republic of Korea for recycling at Dansuk Industrial Co. Ltd. This aligns with the Basel Convention requirements, specifically under Basel Code A1020. The Act imposes certain obligations on the parties involved in the export of hazardous waste. Hydromet Corporation Pty Limited, as the applicant, must provide detailed information about the waste to be exported, including the type, quantity, and destination, as well as the method of recovery operation. The Department of the Environment, upon receiving the application, has a duty to assess the information provided, ensuring that it meets all regulatory requirements and does not pose a risk to human health or the environment. Additionally, the Act mandates that the Department makes the application details publicly available, allowing for a 28-day period during which the public can submit written comments. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Under the Act, the unauthorised export of hazardous waste is an offence that can lead to substantial penalties. For individuals, the maximum penalty can include fines up to $1,650,000 or imprisonment for up to 10 years, or both, as stipulated by Section 46 of the Act. For corporations, the fines can be even higher, potentially reaching up to $8,250,000. Furthermore, the Act provides for both civil and criminal enforcement mechanisms, allowing for legal action against those who fail to adhere to the Act’s requirements, thereby ensuring compliance and protection of public health and the environment.