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 16 May 2014, permit number AUH 148884K was granted to Dodd & Dodd Group Pty Ltd (ACN 009 238 671), 11 Kennedy St, Maylands, Western Australia 6051 (Phone +61 8 9448 5750) (Facsimile: +61 8 9448 5750).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste nickel cadmium batteries (Basel Code A1170)
(b) the quantity of the waste to be exported is a maximum of 150 tonnes in up to three (3) shipments;
(c) the waste batteries will be packaged in accordance with UN guidelines. The batteries will be drained of electrolyte and packaged and strapped to prevent any residual leakage and potential short circuit and labelled appropriately for safe handling;
(d) The waste will leave Australia by ship from the Port of Fremantle to the Port of Busan in the Republic of Korea from where it will be transported by road to Kobar Limited, 296-2 Daech-li, Chilseo-myun, Haman-kun, Kyungnam-do, 637-940;
(e) the waste will be disposed of at the Kobar facility by recovery operation R4–Recycling/reclamation of metals and metal compounds;
(f) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Jane O’Sullivan
Delegate to the Minister
Acting Assistant Secretary
Environment Protection Branch
Department of the Environment
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 E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the problem of the unregulated export of hazardous waste, which posed significant risks to environmental and human health both within Australia and internationally. The Act was introduced with the policy objective of ensuring that any export of hazardous waste is managed in a manner that protects human health and the environment. The Act provides a framework for the regulation of the export and import of hazardous waste, including the requirement for permits and the imposition of conditions to ensure safe handling, transport, and disposal. The 1989 Act was updated in 2012 with the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2012, which further strengthened the regulatory framework.
Scope and Application
The notice of decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Dodd & Dodd Group Pty Ltd, a company based in Western Australia, which has been granted permit number AUH 148884K to export waste nickel cadmium batteries to the Republic of Korea. The permit is limited to a maximum of 150 tonnes of waste to be shipped in up to three shipments, with the waste being properly packaged and labelled in accordance with UN guidelines to ensure safe handling and prevent leakage. The geographic reach of this Act is national, applying to the entire Commonwealth of Australia, and it extends to any entity involved in the export of hazardous waste. The Act includes provisions for exemptions and conditions that may be imposed on permits, though no specific exclusions or thresholds are mentioned in this particular permit. Subordinate instruments may further detail the application and enforcement of the Act, but this notice does not elaborate on such provisions.
Key Provisions
The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, published on 16 May 2014, informs of the granting of export permit number AUH 148884K to Dodd & Dodd Group Pty Ltd (section 33). The permit allows the company to export up to 150 tonnes of waste nickel cadmium batteries (Basel Code A1170) in up to three shipments. These shipments must adhere to UN guidelines, which include draining the batteries of electrolyte and securely packaging them to prevent leakage and short circuits. The batteries are to be labelled for safe handling and exported from the Port of Fremantle to the Port of Busan in the Republic of Korea, after which they will be transported to Kobar Limited for disposal through metal recovery operations. The permit is valid for twelve months from the date of issue and specifies that no shipment can occur outside this timeframe.
The Act imposes several obligations on Dodd & Dodd Group Pty Ltd and other parties involved. The company must ensure that all hazardous waste is packaged and labelled in accordance with the stipulated guidelines to prevent environmental harm during transportation and disposal. The waste must only be exported to the specified location and disposed of through the approved recovery operation. Additionally, all parties involved must comply with any additional conditions imposed on the permit, which could include reporting requirements, documentation, and adherence to local regulations in the receiving country.
Failure to comply with the provisions of the Act or the conditions of the permit can result in legal consequences. Breaches of the Act may lead to civil or criminal penalties. For instance, unauthorised export of hazardous waste could result in fines or imprisonment under the Act. The exact penalties depend on the severity of the breach and the specific provisions of the legislation. It is crucial for all parties to adhere strictly to the conditions and guidelines to avoid these consequences.