Notice of decision to grant a permit (AUH16-006) to Hydromet Corporation Pty Limited to export lead waste and scrap to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste. The Act was introduced to ensure that any movement of hazardous waste across Australia's borders is managed in a way that protects human health and the environment. The policy objective of the Act is to implement Australia's obligations under the Basel Convention, which aims to minimise the transboundary movement of hazardous wastes and their disposal in the most environmentally sound manner. The Act was passed by the Australian Parliament and empowers the Minister for the Environment to grant permits for the export of hazardous waste, subject to stringent conditions designed to safeguard against improper handling and potential environmental harm.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste in Australia, and its primary focus is on the control and regulation of the transboundary movement of such waste. This Act applies to any person or entity involved in the export or import of hazardous waste, including companies like Hydromet Corporation Pty Limited, which in this instance has been granted a special export permit for lead waste and scrap derived from used lead acid batteries. The Act covers the geographic scope of Australia, with its application extending to any waste that is exported or imported across its borders. The permit granted to Hydromet Corporation Pty Limited specifies the type and quantity of waste, the recipient, and the conditions under which the waste can be exported, ensuring compliance with national and international regulations. The permit also outlines the exclusions and thresholds, such as the prohibition on transiting other countries, and the specific recovery operation to be conducted by the recipient in the Republic of Korea. The Act's application may be extended or restricted through subordinate instruments, providing flexibility in its enforcement and ensuring it meets the evolving needs of waste management and environmental protection.

Key Provisions

The key provision of this notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 is the grant of special export permit AUH16-006 to Hydromet Corporation Pty Limited (section 33). The permit allows the company to export 6000 tonnes of lead waste and scrap derived from used lead acid batteries (Basel Code A1020) to Kook Jea Metallic Co Ltd in the Republic of Korea for a recovery operation, specifically R4 – Recycling/reclamation of metals and metal compounds. The waste must be contained during export in bulk bags in sealed shipping containers and transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility. The waste cannot transit any countries en route and must be exported from Port Botany, Australia and imported into Port Busan, the Republic of Korea. The permit period is from the date of the notice until 3 March 2017, and all transboundary movements must be completed by the permit expiry date. The Act imposes several obligations on the parties involved. Hydromet Corporation Pty Limited must comply with all conditions of the permit, including ensuring the waste is properly contained and transported according to the permit specifications. The company is also responsible for ensuring that the waste is not transited through any countries other than those specified. Kook Jea Metallic Co Ltd, the recipient of the waste, must be prepared to receive the waste and undertake the specified recovery operation in compliance with the permit conditions. Both parties must ensure that all transboundary movements are completed by the permit expiry date. Failure to comply with the conditions of the permit or the provisions of the Act may result in various offences and penalties. Breaches of the Act can lead to civil or criminal penalties, depending on the severity and intent of the breach. For example, unauthorised export of hazardous waste can result in a fine of up to $2.7 million for a corporation or $540,000 for an individual, or imprisonment for up to five years, or both, under section 40 of the Act. Additionally, any person whose interests are affected by the decision may apply for an independent review of the decision to the Administrative Appeals Tribunal within 28 days of the notice or receipt of the reasons for the decision.