Notice of Applications Received from Metalman NZ Ltd to Transit Used Lead Acid Batteries Through Brisbane En Route from New Zealand to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the issue of hazardous waste being exported from and imported into Australia without proper oversight, which could pose risks to human health and the environment. This Act aims to ensure that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally. The Act establishes a regulatory framework for the export and import of hazardous waste, including the requirement for special transit permits for certain hazardous wastes. The notice of applications received under this Act for special transit permits, as exemplified by the applications from Metalman New Zealand Limited for the transit of used lead acid batteries through Brisbane, underscores the Act's role in regulating the movement of hazardous materials across borders to prevent illegal trafficking and ensure compliance with environmental standards.

Scope and Application

The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs stakeholders that applications for special transit permits have been received for the movement of used lead acid batteries (ULABs) through Australia. This Act applies to any person or entity seeking to import, export, or transit hazardous waste, including used lead acid batteries, which are classified under the Basel Convention as hazardous waste. The application for special transit permits in this case involves Metalman New Zealand Limited, which is based in New Zealand, and it concerns the transit of these batteries through Brisbane en route to the Republic of Korea. The geographic reach of this Act is national, as it is a Commonwealth Act, and it governs the movement of hazardous waste across state and territory borders. The applications specify the quantities of waste to be transited and the intended recovery operations at designated facilities in the Republic of Korea. Exclusions or exemptions from the permit requirements are not mentioned in the notice, and any such provisions would need to be referenced within the Act itself or through relevant subordinate instruments. The public is invited to submit written comments on the applications, which will be considered by the Department of the Environment.

Key Provisions

The key operative sections of the notice pertain to the receipt of two special transit permit applications (AUH15-054 and AUH15-077) under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. These applications were submitted by Metalman New Zealand Limited for the transit of used lead acid batteries (Basel code: A1160) through Brisbane, from New Zealand to the Republic of Korea. The intended recovery operation for the batteries is R4, which involves the recycling/reclamation of metals and metal compounds at specified facilities in South Korea. Application AUH15-054 concerns the transit of up to 6,000 tonnes of used lead acid batteries to Emax Inc Co, whereas application AUH15-077 involves the transit of up to 1,000 tonnes to Joong-il Metals Inc. The obligations imposed by the Act on the parties involved include the submission of these permit applications and the provision of all necessary details regarding the waste and its intended recovery process. Metalman New Zealand Limited is required to ensure that the transit and recovery operations comply with the Act's provisions, including any conditions that may be imposed on the special transit permits. Furthermore, the Department of the Environment is obligated to review the applications, consider any comments received from the public, and make a decision on whether to grant the permits within a specified timeframe. There are potential civil and criminal consequences for breaches of the Act. For instance, if Metalman New Zealand Limited fails to comply with the terms and conditions of the special transit permits, or if they engage in unauthorised export or import activities, they could face penalties under the Act. The maximum penalties for contravening the Act can include substantial fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are determined by the courts, taking into account the specific circumstances of the case. Additionally, failure to provide accurate and complete information in the permit applications could result in the applications being refused, thereby preventing the intended transit and recovery operations from proceeding.