NOTICE OF DECISION TO GRANT AN EXPORT 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, on 1 July 2015, permit AUH140137N was granted to Beverich Holdings International Pty Ltd t/a Reverse E-waste (ACN 132 013 097), 1024-1028 Canley Vale Road, Wetherill Park NSW 2164 (Phone +61 2 97574847; Facsimile: +61 2 9757 4867).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is comprised of waste alkaline and manganese batteries (Basel Code A1170);
(b) the quantity of the waste to be exported is a maximum of 1 000 tonnes in up to fifty (50) shipments;
(c) the waste will be exported from Sydney, Melbourne, Brisbane and Perth and shipped directly to Busan in the Republic of Korea with no transit ports;
(d) from Busan, the waste will be transported by road to the recovery facility of ER Co Ltd at 42, Anha-ro 116 beon-gil, Hanrim-myeon, Gimhae-si, Gyeongsangnam-do; and
(e) no shipment is authorised under this permit before the date below and all transboundary movements of the waste must be completed by 30 September 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
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, listed under the 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; Email hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. This legislation was introduced by the Parliament of Australia, aiming to prevent the improper disposal of hazardous waste and to ensure that any export or import of such materials adheres to international standards and agreements. The overarching policy objective of the Act is to safeguard against the potential risks associated with the transboundary movement of hazardous waste by imposing a permit system that requires detailed scrutiny and approval before any such movement can occur. The Act thus serves as a regulatory framework that aligns with Australia's obligations under the Basel Convention, which aims to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, and its scope applies to all persons and entities involved in such activities. Specifically, the Act provides the legal framework for granting export permits, ensuring that hazardous waste is managed in an environmentally sound manner, and regulating transboundary movements of hazardous waste. The Act applies to a wide range of hazardous waste, including but not limited to waste alkaline and manganese batteries, and covers the entire process from exportation to the final destination. The legislation is applicable nationally, as it is a Commonwealth Act, and extends its jurisdictional reach across all states and territories within Australia. The Act can extend or restrict its application through subordinate instruments, such as regulations or guidelines, which provide further detail on the implementation and enforcement of the Act. The Act does not specify any exclusions or exemptions, but permits are granted subject to conditions that ensure the environmentally sound management of the hazardous waste. In this particular case, the permit granted to Beverich Holdings International Pty Ltd is specific to the export of up to 1,000 tonnes of waste alkaline and manganese batteries to the Republic of Korea, with strict timelines and conditions in place to ensure compliance with the Act.
Key Provisions
The notice under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the "Act") informs that on 1 July 2015, a permit (AUH140137N) was granted to Beverich Holdings International Pty Ltd t/a Reverse E-waste. This permit authorises the export of up to 1,000 tonnes of waste alkaline and manganese batteries (Basel Code A1170) in up to fifty shipments from Sydney, Melbourne, Brisbane, and Perth to Busan in the Republic of Korea. The waste will be directly shipped with no transit ports and will be transported by road to the recovery facility of ER Co Ltd in Gimhae-si, Gyeongsangnam-do. The transboundary movements must be completed by 30 September 2015.
The permit comes with conditions that must be adhered to. These conditions are designed to ensure that the export and recovery of hazardous waste are conducted in a manner that minimises environmental risks and complies with international standards. The permit conditions may include specific requirements for packaging, labelling, documentation, and the management of the waste at the destination. Failure to comply with these conditions could result in the revocation of the permit or other enforcement actions.
Entities subject to the Act, such as Beverich Holdings International Pty Ltd, are obligated to comply with the permit conditions and all other requirements of the Act. This includes ensuring that the hazardous waste is managed and transported in a way that does not harm human health or the environment. Additionally, they must keep detailed records of the waste, including the shipment details, and provide these records to the relevant authorities upon request. The Act also requires entities to notify the authorities of any changes in the circumstances of the waste export and to obtain any necessary consents or approvals from the authorities in the destination country.
The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines, with the maximum penalty varying depending on the nature and severity of the breach. Criminal penalties may also be imposed, with maximum fines and imprisonment terms specified in the Act. For instance, knowingly making a false statement in an application for a permit could result in a substantial fine or imprisonment for up to two years. It is also an offence to contravene a condition of a permit, which may result in similar penalties. The enforcement of these penalties is overseen by the relevant authorities, including the Department of the Environment and the courts.