Notice of decision to grant a permit to Hydromet Corporation Pty Limited to export lead waste and scrap to Poland

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste in Australia, aiming to protect the environment and human health from the risks associated with such activities. The Act provides a legal framework for the management of hazardous waste movements across international borders, ensuring they are conducted in a manner that minimises potential harm. This legislation was introduced to address the problem of improper and unsafe transboundary movement of hazardous waste, which could lead to environmental degradation and health risks both within Australia and in countries receiving the waste. The Act is administered by the Australian Parliament, with the overarching policy objective of maintaining strict controls over hazardous waste exports and imports to safeguard 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 and individuals who intend to export or import such waste. The Act ensures that the movement of hazardous waste across international borders is conducted in a manner that protects human health and the environment. This applies to all hazardous waste, including specific categories such as lead waste and scrap derived from used lead acid batteries, as outlined in the Basel Code. The Act extends its jurisdiction to the Commonwealth level, impacting entities like Hydromet Corporation Pty Limited, which must obtain special export permits for their operations. The permit, as detailed in the notice, is subject to strict conditions regarding the type, quantity, and manner of waste transportation and disposal. Additionally, the Act allows for the creation of subordinate instruments that may further specify or restrict the application of the Act, ensuring compliance and oversight in the hazardous waste export and import processes.

Key Provisions

The main operative sections of the notice pertain to the grant of a special export permit under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit, AUS15-032, was granted to Hydromet Corporation Pty Limited for the export of lead waste and scrap derived from used lead acid batteries to Orzel Bialy S.A. in Poland. This permit includes specific details regarding the type and maximum quantity of waste, the method of containment and transportation, the export and transit countries involved, and the recovery operation to be performed (Section 33(1)). The permit also specifies the period during which the waste may be exported, which is from the date of the notice until 31 August 2016 (Section 33(2)). Under this Act, Hydromet Corporation Pty Limited, as the permit holder, is obligated to ensure that the export of the hazardous waste complies with all conditions set out in the permit. This includes adhering to the specified method of containment and transportation, and ensuring that the waste is only exported during the permitted period and to the designated recovery facility in Poland. Additionally, Hydromet Corporation Pty Limited must comply with any additional conditions that may be imposed by the Department of the Environment as part of the permit (Section 33(3)). Failure to comply with the conditions of the permit may result in various consequences. The Act does not specify the exact offences, penalties, or civil/criminal consequences for breach within the notice itself. However, it is implied that breaches of the permit conditions may lead to enforcement actions by the Department of the Environment, including the revocation of the permit or the imposition of fines. The precise penalties would be determined according to the specific provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any other relevant legislation. Affected parties have the right to request reasons for the decision and apply for an independent review within 28 days of the notice, as per the Administrative Appeals Tribunal Act 1975.