NOTICE OF DECISION TO GRANT A PERMIT 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 special export permit AUH15-058 was granted to Hydromet Corporation Pty Limited (ACN 002 802 646), 201 Five Islands Road, Unanderra, NSW, 2526 (Telephone: +64 9 914 8594; Facsimile: +64 9 309 9264).
The particulars of the permit are as follows:
(i) the proposed recipient of the waste is Dansuk Industrial Co Ltd, 165 Hyeomnyeok-Do, Shiheung-Si, Kyonggi-Do, the Republic of Korea (Telephone: +82 10 8983 5278; Facsimile: +82 31 488 3909);
(ii) the type of the waste is lead waste and scrap derived from used lead acid batteries (Basel Code A1020);
(iii) the maximum quantity of the waste that may be exported is 3500 tonnes;
(iv) the waste is to be contained during export in bulk bags in sealed shipping containers;
(v) the waste is to be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility;
(vi) the waste may only be exported during the permit period;
(vii) the waste is to be exported from Port Botany, Australia;
(viii) the waste is to be exported to Port Busan, the Republic of Korea;
(ix) the waste will not transit any countries en route to the Republic of Korea;
(x) the waste is to undergo a recovery operation at Dansukgunsan Industrial Co Ltd in Jeollabuk-do, the Republic of Korea; and
(xi) the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.
The permit period is from the date below until the permit expiry date of 31 December 2016. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment
23 March 2016
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision.
An application for independent review of the decision may be made to the Administrative Appeals Tribunal on payment of the relevant fee by the applicant within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if the reasons for the decision are not sought. Applications should be made to the Deputy Registrar, Administrative Appeals Tribunal in your capital city, as listed under Commonwealth Government Section in the White Pages. Further enquiries should be directed to:
Director, Hazardous Waste Section
Department of the Environment
GPO Box 787 CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the uncontrolled export and import of hazardous waste, which posed significant environmental and public health risks. The Act was introduced by the Commonwealth Parliament with the policy objective of regulating the export and import of hazardous waste to ensure it is managed in an environmentally sound manner. The Act provides a framework for the control of hazardous waste movements across borders, including the issuance of export permits under Section 33, as demonstrated by the notice of the grant of special export permit AUH15-058 to Hydromet Corporation Pty Limited for the export of lead waste and scrap derived from used lead acid batteries to Dansuk Industrial Co Ltd in the Republic of Korea. This legislative measure ensures that hazardous waste is managed responsibly and in compliance with international standards, thereby protecting both Australian and international environments from potential harm.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any entity or person engaged in the export or import of hazardous waste within Australia and between Australia and other countries. Specifically, the Act covers the export and import of hazardous waste, such as lead waste derived from used lead acid batteries, and mandates the need for a permit to facilitate such transactions. The Act's geographic reach is national, impacting entities operating within Australia as well as those involved in international waste shipments. The permit granted under this Act to Hydromet Corporation Pty Limited for the export of lead waste to Dansuk Industrial Co Ltd in the Republic of Korea exemplifies the application of this legislation. The permit includes specific conditions concerning the type and quantity of waste, method of containment, transport routes, and the intended recovery operation, which must be strictly adhered to. The Act's jurisdiction extends to the regulation of waste movement across borders, ensuring compliance with environmental protection standards both domestically and internationally. The Act does not specify exclusions or thresholds but permits conditions and further regulation through subordinate instruments, allowing for detailed oversight and control over hazardous waste transactions.
Key Provisions
The notice given under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that a special export permit, AUH15-058, has been granted to Hydromet Corporation Pty Limited. The permit allows for the export of lead waste and scrap derived from used lead acid batteries (Basel Code A1020) to Dansuk Industrial Co Ltd in the Republic of Korea. The permit specifies that the maximum quantity of the waste that may be exported is 3500 tonnes, to be contained in bulk bags in sealed shipping containers. The waste must be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility in the Republic of Korea. The waste can only be exported during the permit period, which runs from the date of the notice until 31 December 2016, and must be exported from Port Botany, Australia, to Port Busan, the Republic of Korea, without transiting any other countries.
The permit imposes several obligations on Hydromet Corporation Pty Limited and Dansuk Industrial Co Ltd. Hydromet Corporation must ensure that the waste is exported in compliance with the permit conditions, including the type of waste, the quantity, the method of containment, and the routes and locations specified. Dansuk Industrial Co Ltd must ensure that the waste is received and processed according to the permit conditions, specifically that it undergoes a recovery operation at Dansukgunsan Industrial Co Ltd in Jeollabuk-do, the Republic of Korea, which is R4 – Recycling/reclamation of metals and metal compounds. Both parties must ensure that the waste is not diverted to any other use or location without the prior approval of the Department of the Environment.
Breach of the permit conditions or any other provision of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in criminal or civil liability. Under section 70 of the Act, any person who contravenes a condition of a permit is guilty of an offence and is liable to a fine of up to $220,000 for an individual and $1,100,000 for a body corporate. In addition, under section 71 of the Act, any person who causes or permits the unauthorised export of hazardous waste is guilty of an offence and is liable to a fine of up to $550,000 for an individual and $2,750,000 for a body corporate. The Act also provides for the imposition of administrative penalties, including fines and imprisonment, for breaches of other provisions of the Act. The maximum penalties for these offences are set out in section 76 of the Act.