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 permit number AUS15-040 was granted to Dodd & Dodd Group Pty Ltd (ACN 009 238 671), 521 Dundas Road, Forrestfield, Western Australia, 6058 (Telephone: +61 8 9448 5750) (Facsimile: +61 8 9448 5750).
The particulars of the permit are as follows:
(i) The proposed recipient of the waste is Coy Co Ltd, Room 1603 Union Centre 837-11, Yeoksam-Dong Gangam-Gu, Seoul, Korea (Telephone: +82 70 8688 2717) (Facsimile: +82 70 8688 2818);
(ii) The hazardous waste to be exported is used nickel cadmium batteries;
(iii) The maximum quantity of the waste that may be exported is 150 tonnes; and
(iv) The waste is to be contained during export in Dangerous Goods grade sealed drums lined with polyethylene, in accordance with UN and International Maritime Dangerous Goods guidelines;
(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 is to be exported from the port of Fremantle, Western Australia, transiting through Singapore and Malaysia, to the port of Busan in the Republic of Korea;
(vii) The waste will undergo recovery operation R4: Recycling/reclamation of metals and metal compounds at the facility operated by Kobar Limited in the Republic of Korea; and
The permit period commences on the date below and expires on 30/06/2016. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
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,
see 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 uncontrolled and potentially harmful exports and imports of hazardous waste, ensuring that these materials are managed in a manner that protects human health and the environment. The Act was introduced by the Parliament of Australia to provide a framework for the regulation of hazardous waste exports and imports, aiming to safeguard against improper disposal and to ensure that such waste is treated in an environmentally sound manner. The policy objective of the Act is to control and monitor the movement of hazardous waste across borders to prevent illegal traffic and to promote environmentally sound management practices. The Act empowers the Minister to grant export permits, subject to specific conditions, to ensure that hazardous waste is handled responsibly and in accordance with international guidelines.
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 within Australia. This includes companies, organisations, and individuals that engage in the physical movement or handling of hazardous waste across international borders. The Act regulates the export of hazardous waste to ensure it is managed in a manner that protects human health and the environment. The Act applies nationally across Australia, with the Commonwealth having the primary responsibility for regulating transboundary movements of hazardous waste. The permit granted under this Act, such as the one issued to Dodd & Dodd Group Pty Ltd, allows for the export of a specific type and quantity of hazardous waste under certain conditions and to a designated recipient in a foreign country. The Act also provides mechanisms for appeal and review of decisions made under it, ensuring that affected parties can seek clarification or contest decisions if they believe their interests are adversely impacted. The permit includes conditions that must be adhered to, such as the type of hazardous waste, the method of transport, and the destination and recovery process for the waste.
Key Provisions
Pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the Act requires that notice be given when an export permit has been granted. In this instance, permit number AUS15-040 was granted to Dodd & Dodd Group Pty Ltd, with specific details regarding the waste to be exported, the recipient, and the conditions under which the export must occur (sections 33 and 34). The permit allows the export of used nickel cadmium batteries to Coy Co Ltd in Seoul, Korea, with a maximum quantity of 150 tonnes. The waste must be contained in Dangerous Goods grade sealed drums lined with polyethylene, in compliance with UN and International Maritime Dangerous Goods guidelines, and must be transported by road to the port of export, shipped by sea, and then transported by road to the recovery facility in Korea.
The Act imposes several obligations on the parties involved. Dodd & Dodd Group Pty Ltd must ensure that the waste is exported only to the specified recipient, Coy Co Ltd, and that it adheres to the outlined transportation and containment requirements. They must also ensure that the recovery operation occurs at the facility operated by Kobar Limited in Korea and that all transboundary movements are completed by the permit expiry date of 30 June 2016. The permit is subject to specific conditions, which must be met to comply with the terms of the grant.
Breach of any of the conditions or requirements set forth in the permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, offences can lead to both civil and criminal penalties. The maximum penalties for contravening the Act can include substantial fines and imprisonment. For instance, a person who knowingly contravenes a condition of a permit may be liable for a fine of up to $1,100,000 for a corporation or $220,000 for an individual, or imprisonment for up to five years, or both, depending on the severity of the breach. Additionally, any person who causes or permits the unlawful export of hazardous waste may also face similar penalties.