Notice of decision to grant a permit to Beverich Holdings International Pty Ltd to export alkaline and manganese primary batteries to Korea - AUH15-083

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01214 In force Gazette

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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 AUH15-083 was granted to Beverich Holdings International Pty Ltd (ACN 132 013 097) 3 Hume Road, Smithfield, NSW, 2164 (Telephone: + 61 2 97574847, Facsimile: + 61 2 97574867).

The particulars of the permit are as follows:

(i)             the proposed recipient of the waste is ER Co., Ltd, 42, Anha-ro 116 beon-gil, Hanrim-myeon, Gimhae-si, Gyeongsangnam-do, Republic of Korea (Telephone: +82 55 321 2203, Facsimile: +82 55 321 2244); and

(ii)           the type of the waste is alkaline and manganese primary batteries; and

(iii)         the maximum quantity of the waste that may be exported is 200 tonnes; and

(iv)         the waste is to be contained during export in drums and boxes; and

(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; and

(vi)         the waste may only be exported during the permit period; and

(vii)       the waste is to be exported from the port of Sydney, Melbourne, Brisbane, Perth or Adelaide; and

(viii)      the waste is to be exported to Busan port of the Republic of Korea; and

(ix)         the waste is to undergo a recovery operation at ER Co. Ltd facility; and

(x)           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 July 2017. All transboundary movements must be completed by the permit expiry date.

 

The permit includes and is subject to the conditions that form a schedule to this permit.

Andrew McNee

Delegate of the Minister

Assistant Secretary

Chemicals and Waste Branch

Department of the Environment and Energy

9 September 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 and Energy requesting the reasons for the decision.

An application for independent merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.

Further information or enquiries relating to the decision should be directed to:

Director, Hazardous Waste Section

Department of the Environment and Energy

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 need for regulation of the export and import of hazardous waste, ensuring that such activities are managed in a manner that protects human health and the environment. The Act was introduced by the Parliament of Australia with the policy objective of providing a framework for the control of transboundary movements of hazardous waste, thereby preventing illegal traffic in hazardous waste and minimising its impact. This Act allows for the granting of permits for the export and import of hazardous waste, subject to specific conditions that are designed to safeguard against potential environmental harm and ensure that waste is managed in an environmentally sound manner. The notice provided pertains to the grant of a special export permit under this Act, specifying details such as the type and quantity of waste, the recipient, and the method of transport, among other conditions.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste in Australia, encompassing individuals, corporations, and other entities involved in such activities. In this specific instance, the Act applies to Beverich Holdings International Pty Ltd, which has been granted a special export permit for the export of alkaline and manganese primary batteries to ER Co., Ltd in the Republic of Korea. The Act's jurisdiction extends nationally across Australia, governing the transboundary movement of hazardous waste, subject to the terms and conditions outlined in the permit. The Act does not specify exclusions or exemptions; however, it does establish thresholds for the types and quantities of waste that can be exported, as seen in the 200 tonnes limit in this case. The application and interpretation of the Act can be extended or restricted through subordinate instruments, such as the conditions attached to the export permit, which detail specific requirements for the waste's containment, transport, and recovery processes.

Key Provisions

The notice of decision to grant a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs the public that a special export permit, AUH15-083, has been awarded to Beverich Holdings International Pty Ltd (ACN 132 013 097). This permit permits the export of alkaline and manganese primary batteries, up to a maximum of 200 tonnes, from Australia to ER Co., Ltd in the Republic of Korea. The waste must be contained in drums and boxes and transported by road to the port of export, then shipped by sea, and transported again by road from the destination port to the recovery facility. The export is limited to specific ports in Australia and Busan port in the Republic of Korea and must occur during the permit period, which ends on 31 July 2017. The waste will be subject to a recovery operation, specifically R4 – Recycling/reclamation of metals and metal compounds, at ER Co. Ltd facility. Beverich Holdings International Pty Ltd, as the permit holder, is obligated to adhere to the conditions outlined in the permit. These conditions dictate how the waste must be contained, transported, and ultimately processed upon arrival in the Republic of Korea. The permit also specifies that the export of the hazardous waste must be completed by the expiry date of 31 July 2017, and any deviation from the outlined procedures may result in the permit being revoked or not renewed. The Department of the Environment and Energy reserves the right to inspect and monitor the activities to ensure compliance with the permit conditions. Failure to comply with the conditions set forth in the permit or the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in civil or criminal penalties. For instance, exporting hazardous waste without a permit, or in violation of the permit conditions, could lead to fines or imprisonment. The specific penalties vary depending on the severity and intent behind the breach but can include substantial financial penalties and imprisonment for serious violations. The Act empowers authorised officers to enforce compliance and take appropriate action against those found to be in breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.