Notice of Decision to grant a permit (AUH15-082) to Beverich Holdings International Pty Ltd to export used rechargeable lithium-ion batteries (cobalt based only) and used rechargeable nickel metal hydride batteries to South Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper management and potential environmental harm from the transboundary movement of hazardous wastes. This legislation was designed to regulate the export and import of hazardous wastes, ensuring they are handled in a manner that minimises risks to human health and the environment. The Act was enacted by the Parliament of Australia, aiming to protect Australia's environment and public health by controlling the movement of hazardous wastes. The policy objective is to ensure that hazardous waste is managed responsibly and sustainably, both within Australia and in international contexts. This is achieved by requiring permits for the export and import of hazardous wastes, and by imposing strict conditions on such movements to safeguard against potential adverse impacts.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste, as well as to the hazardous waste itself. This Act imposes obligations on entities seeking to export or import hazardous waste, including obtaining necessary permits and adhering to specified conditions. The Act covers a broad range of industries and types of hazardous waste, including used rechargeable lithium ion and nickel metal hydride batteries, as exemplified in the permit for Beverich Holdings International Pty Ltd. Geographically, the Act applies across the Commonwealth of Australia, with specific reference to ports of export and import. It also includes jurisdictional provisions that allow for the application of additional conditions through subordinate instruments, thereby extending or restricting the scope of the Act as necessary. Exclusions and exemptions are not detailed in the provided notice, but the Act generally excludes non-hazardous waste and may contain specific exclusions for certain types of waste or activities as defined in subordinate legislation or regulations.

Key Provisions

The notice provided pertains to the granting of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, permit AUH15-082 was granted to Beverich Holdings International Pty Ltd, allowing them to export used rechargeable lithium-ion (cobalt based only) and nickel metal hydride batteries to Sungeel HiTech Co., Ltd in the Republic of Korea. The permit permits the export of up to 330 tonnes of waste, which must be contained in drums and boxes during transit. The waste will be transported by road to one of the specified Australian ports (Sydney, Melbourne, Brisbane, Perth, or Adelaide), shipped by sea, and then transported by road to the recovery facility in Busan. The export must occur within the permit period, which begins on the date of the notice and expires on 31 July 2017. Under this Act, entities such as Beverich Holdings International Pty Ltd must adhere to stringent conditions governing the export of hazardous waste. These conditions include ensuring the waste is contained and labelled properly, adhering to the specified transportation routes and methods, and completing the export within the stipulated timeframe. Compliance with these conditions is mandatory to avoid legal repercussions. The permit is also subject to any additional conditions outlined in the schedule attached to the permit, which further detail the regulatory framework within which the export must occur. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in severe consequences. Breaches of the Act may lead to both civil and criminal penalties. Civil penalties can include substantial fines, which may be proportionate to the severity and impact of the breach. Additionally, criminal offences can be charged against individuals or entities responsible for non-compliance, leading to imprisonment. The specific maximum penalties for breaches are not detailed in the notice but are defined within the Act itself, reflecting the seriousness with which the regulation of hazardous waste exports is treated under Australian law.