Notice of Applications Received From MRI (Aust) Pty Ltd to Export Waste Alkaline, Lithium Primary and Lithium Ion Ferrous Batteries (AUH16-003) and Waste Nickel/Cadmium, Nickel/Metal Hydride, and Lithium Ion Ferrous Batteries to the Republic of Korea (AUH16-004)

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the need for strict control over the export and import of hazardous waste, ensuring it is managed in a way that protects human health and the environment. This legislation is crucial in preventing the illicit movement of hazardous waste and ensuring that any export complies with international agreements and obligations, such as those under the Basel Convention. The policy objective of the Act is to regulate the transboundary movement of hazardous waste to safeguard Australia's environment and public health from potential risks associated with such waste. This includes imposing requirements for prior written notification and consent for the export and import of hazardous waste, thereby providing a mechanism for the government to assess and control these activities effectively.

Scope and Application

The notice provided under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs the public of applications received by MRI (Aust) Pty Ltd for the export of hazardous waste materials to the Republic of Korea. This Act applies to the regulation of the export and import of hazardous waste and applies to any entity or individual involved in such activities within Australia. The scope of the Act extends to all hazardous waste materials as defined under the Basel Convention, and includes specific applications such as the export of certain types of waste batteries for recycling operations. The Act has a national reach across Australia, with its provisions overseen by the Department of the Environment. There are no stated exclusions or exemptions in this notice, and the applications are subject to review and public comment. The Act's application may be extended or restricted through subordinate instruments, which allow for further regulation and management of hazardous waste exports and imports.

Key Provisions

The main operative sections of the notice relate to applications received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (sections 33). Specifically, applications AUH15-003 and AUH15-004, submitted by MRI (Aust) Pty Ltd, have been received for the export of specific types of hazardous waste to the Republic of Korea. Application AUH15-003 concerns the export of up to 600 tonnes of waste alkaline, lithium primary, and lithium ion ferrous batteries (Basel code A1170) for recycling operations at ER Co., Ltd., while AUH15-004 pertains to the export of up to 400 tonnes of waste nickel/cadmium, nickel/metal hydride, and lithium ion ferrous batteries for similar operations at Kobar Ltd. The obligations imposed by the Act on the parties and entities it governs primarily include the requirement for written applications to be made for the export of hazardous waste, as seen in applications AUH15-003 and AUH15-004. These applications must detail the type and quantity of waste, the destination, and the intended recovery operations. Additionally, the Act mandates that the Department of the Environment provide a notice of these applications and invite public comments within 28 days of publication. This ensures transparency and allows stakeholders to provide input on the proposed exports. In terms of offences and consequences for breaches, the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for both civil and criminal penalties. Under the Act, unauthorised exports of hazardous waste can result in significant fines and imprisonment. For instance, section 33A(1) of the Act stipulates that individuals or entities found guilty of exporting hazardous waste without a permit can face a penalty of up to $330,000 or imprisonment for up to five years, or both. Additionally, section 33A(2) allows for further penalties, including daily fines of up to $110,000 for each day the offence continues. These stringent penalties underscore the importance of compliance with the regulatory framework governing hazardous waste exports.