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 application AUH15-061 has been received from Mehar and Sons Pty Ltd, (Trading as: J and J Exports), 10 Ambrie Crescent, Noble Park, Victoria, 3174, Telephone: 0415 766 078.
The application relates to the export of up to 8000 tonnes of used lead acid batteries (Basel Code A1160) to India for recovery operation R4 – Recycling/reclamation of metals and metal compounds at Gravita India Limited.
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by email to 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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the issue of the transboundary movement of hazardous waste and to regulate the export and import of such materials. This Act plays a crucial role in ensuring that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally. The legislation requires that any person who intends to export hazardous waste must first apply for a permit, which will only be granted if the proposed export complies with stringent environmental and health protection standards. This public notice serves as a formal announcement that an application for such a permit has been received, inviting stakeholders and the public to provide their comments on the proposed export within a specified period. This process is integral to the policy objective of the Act, which is to prevent or minimise the negative effects of the transboundary movement of hazardous waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the management of hazardous waste movements across Australian borders, aiming to protect the environment and public health from the adverse effects of hazardous waste. The Act applies to any person or entity intending to export or import hazardous waste, ensuring that such activities comply with stringent regulatory standards. This legislation encompasses a broad range of hazardous waste materials, including but not limited to, used lead acid batteries as detailed in the Basel Convention codes. The Act extends its jurisdictional reach across the Commonwealth, thereby enforcing uniform regulations throughout Australia. Notably, the Act does not specify exclusions or exemptions but allows for the issuance of permits for hazardous waste exports, subject to thorough scrutiny and assessment by the relevant authorities. The application process for such permits, as illustrated by the example of Mehar and Sons Pty Ltd, includes a public comment period, ensuring transparency and community involvement in regulatory decisions.
Key Provisions
The main operative sections of the Gazette notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 inform the public that an application (section 33) for the export of hazardous waste has been received from Mehar and Sons Pty Ltd (trading as J and J Exports). The application, AUH15-061, concerns the export of up to 8000 tonnes of used lead acid batteries (Basel Code A1160) to India, intended for recycling operations at Gravita India Limited (section 33). The notice mandates that any interested party can lodge written comments on the permit application within 28 days of the notice's publication (section 33).
The Act imposes several obligations and requirements on both the applicant and the Department of the Environment. Mehar and Sons Pty Ltd must ensure that all details in the application are accurate and complete, providing all necessary information about the hazardous waste, the intended recovery operation, and compliance with both Australian and Indian regulations. The Department of the Environment must review the application and any comments received, ensuring that all relevant environmental and legal standards are met before granting or denying the permit. Both parties are required to handle all communications with transparency and without sharing commercially sensitive information (section 33).
Breaches of the provisions outlined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant civil and criminal consequences. Offences under this Act can include the unauthorised export of hazardous waste, failure to provide accurate information, or non-compliance with the permit conditions. Penalties for such breaches can be severe and may include substantial fines and imprisonment. While the exact penalties are not specified in the notice, the Act provides for significant deterrents to ensure compliance, reflecting the serious environmental and health risks associated with the mismanagement of hazardous waste.