Notice of Decision to grant a permit to Hydromet Corporation Pty Limited to export lead waste and scrap (paste and grid) derived from used lead acid batteries to Poland – AUH16-017

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01656 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 AUH16-017 was granted to Hydromet Corporation Pty Limited (ACN 002 802 646), 201 Five Islands Road, Unanderra, NSW, 2526 (Telephone: +64 9 914 8594; Facsimile: +64 9 309 9264).

The particulars of the permit are as follows:

(i)             the proposed recipient of the waste is Orzel Bialy S.A., UI. Harcerska 23, 41-946 Piekary Slaskie, Poland (Telephone: +48 32/779 65 00 ext 118; Facsimile: +48 32/779 65 00 ext 234);

(ii)           the type of waste is lead waste and scrap derived from used lead acid batteries
(Basel Code A1020);

(iii)         the maximum quantity of the waste that may be exported is 18,000 tonnes;

(iv)         the waste is to be contained during export in bulk bags in sealed shipping containers;

(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 may only be exported during the permit period;

(vii)       the waste is to be exported from Port Botany, the Port of Melbourne, Port Adelaide or
Port Fremantle, Australia;

(viii)      the waste is to be exported to the Port of Gdynia, Poland;

(ix)         the waste is to only transit the following ports and countries: West Port Kelang, Malaysia; Jakarta, Indonesia; Singapore, Singapore; La Havre, France; Suez Canal, Egypt; Antwerp, Belgium, Hamburg and Bremerhaven, Germany and Algeciras, Spain;

(x)           the waste is to undergo a recovery operation at the Orzel Bialy S.A. facility in Piekary Slaskie, Poland;

(xi)         the waste is to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds; and

(xii)       a financial guarantee of at least AUD $393,000 is to be in place prior to any movement of the waste and is to be valid until 14 February 2018.

 

The permit period is from the date below until the permit expiry date of 14 August 2017. All transboundary movements must be completed by the permit expiry date.

The permit includes and is subject to conditions.

Andrew McNee

Delegate of the Minister

Assistant Secretary

Chemicals and Waste Branch

Department of the Environment and Energy

12 December 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 by the Parliament of Australia to address the problem of the improper export and import of hazardous waste, ensuring it is managed in an environmentally sound manner. This Act aims to protect human health and the environment from the adverse effects of hazardous waste by regulating its transboundary movement. It provides a legal framework for the granting of permits for the export and import of hazardous waste, ensuring that such activities are conducted in compliance with environmental protection standards. The policy objective of the Act is to prevent the export of hazardous waste to countries that lack the ability to manage it properly, thereby safeguarding both Australian and international environments from potential harm.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste within Australia, including the transboundary movement of such waste. This legislation governs entities involved in the export or import of hazardous waste, ensuring that they comply with specific regulations designed to protect human health and the environment. The Act applies to any person or entity involved in the export or import of hazardous waste, with the permit system as outlined in the gazetted notice being a critical component of its enforcement. Geographically, the Act has a national reach, covering the entire Commonwealth of Australia. However, the Act's application extends beyond Australian borders, as evidenced by the permit granted for the export of lead waste to Poland. The Act does not explicitly state exclusions, but the need for a permit suggests that certain types of waste or movements may be exempt if not hazardous. The Act’s application is also extended or restricted through subordinate instruments, which provide detailed guidelines and conditions that must be adhered to by permit holders.

Key Provisions

The primary section of this notice (Section 33) informs of the decision to grant a special export permit (AUH16-017) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 to Hydromet Corporation Pty Limited. This permit allows the company to export up to 18,000 tonnes of lead waste and scrap derived from used lead acid batteries to Orzel Bialy S.A. in Poland. The waste must be contained in sealed shipping containers and transported by specified routes, only through designated ports in Australia and Poland, and it can only be exported within the permit period ending on 14 August 2017. The waste must undergo a recovery operation at the Orzel Bialy S.A. facility in Piekary Slaskie, Poland, specifically operation R4 – Recycling/reclamation of metals and metal compounds. A financial guarantee of at least AUD $393,000 is required to be in place prior to any movement of the waste, and it must remain valid until 14 February 2018. The Act imposes several obligations and requirements on Hydromet Corporation Pty Limited and Orzel Bialy S.A. Hydromet must ensure the waste is contained and transported as specified in the permit. They must also ensure that the waste is only exported during the permit period and through the designated routes and ports. Orzel Bialy S.A. must conduct the recovery operation in accordance with the permit conditions and must comply with any relevant environmental regulations in Poland. Both entities must maintain the financial guarantee throughout the permit period to cover any potential environmental liabilities arising from the waste export. Breaches of the permit conditions or the Act can result in various offences and penalties. The Act does not specify the maximum penalties for breaches in this notice; however, generally, offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to substantial fines and, in severe cases, imprisonment. Additionally, any failure to comply with the conditions of the permit or the financial guarantee can lead to civil consequences, such as financial liability for any environmental damage caused by the waste. The Department of the Environment and Energy can also take enforcement actions, including revoking the permit or taking legal action against the parties involved.

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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.