Notice of decision to grant a permit to Hydromet Corporation Pty Limited to export lead waste and scrap derived from used lead acid batteries to Germany – AUH15-069

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 do not pose risks to human health or the environment. This Act was introduced by the Australian Parliament with a clear policy objective of regulating the transboundary movement of hazardous waste to prevent illegal traffic and to ensure that such waste is managed in an environmentally sound manner. The Act provides a framework for the issuance of permits for the export and import of hazardous waste, ensuring that these activities are conducted under strict conditions and oversight. This notice of the granting of a special export permit to Hydromet Corporation Pty Limited exemplifies the application of the Act, where the export of lead waste to a specified recipient in Germany is permitted under stringent conditions, highlighting the Act's role in safeguarding environmental and public health.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, specifically targeting entities involved in such activities. In this instance, the Act grants a special export permit to Hydromet Corporation Pty Limited for the export of lead waste and scrap derived from used lead acid batteries to Weser-Metall GmbH in Germany. This legislation is of Commonwealth jurisdiction and therefore applies across Australia, governing the handling and movement of hazardous waste on a national level. The permit includes specific conditions, such as the type and quantity of waste, the method of transport, and the recovery operations to be undertaken, all of which must be adhered to within the permit period. The Act does not specify exclusions or exemptions but does allow for the permit to be subject to further conditions imposed by subordinate instruments. Persons or entities whose interests are affected by the permit decision may seek reasons for the decision or apply for an independent merits review through the Administrative Appeals Tribunal, within the stipulated timeframes.

Key Provisions

The main sections of the Gazette notice outline the granting of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act provides the mechanism for notifying the public of a decision to grant a permit. The permit, AUH15-069, was granted to Hydromet Corporation Pty Limited, with specific details regarding the waste to be exported, the recipients, the transportation methods, and the intended recovery operation. The waste in question is lead waste and scrap derived from used lead acid batteries, with a maximum quantity of 12,000 tonnes, and must be contained in bulk bags in sealed shipping containers during transport. The export is restricted to the period from the date of the notice until 28 February 2017, with the waste to be exported from specified Australian ports to designated German ports, and transported through several transit countries. The Act imposes specific obligations on the permit holder, Hydromet Corporation Pty Limited, and the waste recipient, Weser-Metall GmbH. The permit holder must ensure that the waste is exported only to the specified recipient and through the designated ports and transit countries. They are also responsible for ensuring that the waste is transported in compliance with the conditions outlined in the permit, including the containment and packaging specifications. The recipient must conduct a recovery operation at their facility in Nordenham, Germany, which involves the recycling or reclamation of metals and metal compounds. Both parties must adhere to the conditions set forth in the permit, including the requirement to complete all transboundary movements before the permit expiry date. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 or the conditions of the permit may result in civil or criminal penalties. The specific offences and penalties are not detailed in the Gazette notice; however, under the Act, breaches may lead to fines and potential imprisonment. The maximum penalties would depend on the nature and severity of the breach, as outlined in the Act. It is essential for both the permit holder and the recipient to fully comply with the regulatory requirements to avoid any legal repercussions.