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 AUH15-078 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 Exide Technologies SLU, Crtra Nal 122 Km 229-42330- San Esteban de Gomaz, Spain (Telephone: +34 976700314; Facsimile: +34 670649612);
(ii) the type of the 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 6000 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, Australia;
(viii) the waste is to be exported to Port Algeciras, Spain;
(ix) the transit countries are Malaysia, Singapore, Egypt and Italy;
(x) the waste is to undergo a recovery operation at Exide Technologies SLU in San Esteban de Gomaz, Spain; and
(xi) the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.
The permit period is from the date below until the permit expiry date of 31 March 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
Chemicals and Waste Branch
Department of the Environment
13 June 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 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
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 need for stringent control over the export and import of hazardous waste, ensuring that such activities do not adversely affect human health or the environment. This Act was introduced to fill the gap in regulatory frameworks that were previously insufficient to manage the risks associated with the transboundary movement of hazardous materials. The policy objective of this Act is to protect human health and the environment from the potential hazards posed by hazardous waste, while facilitating the environmentally sound management of such waste through international cooperation. The Act provides a legal framework for the issuance of export permits, ensuring that hazardous waste is managed in a manner that minimises risks to human health and the environment, both domestically and internationally.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities or individuals seeking to export or import hazardous waste across international borders, with a specific focus on controlling the movement of waste to and from Australia. This Act imposes a requirement for permits for such activities, ensuring that they are conducted in a manner that minimises environmental harm and respects international agreements such as the Basel Convention. The Act applies nationally across Australia, extending its jurisdictional reach to regulate the export and import of hazardous waste regardless of the state or territory in which the activity originates or is intended to take place. The permit granted to Hydromet Corporation Pty Limited for the export of lead waste to Spain exemplifies the Act's application. The permit includes specific conditions, such as the type of waste, the quantity, the method of transport, and the location of the recipient, thereby ensuring compliance with both national and international standards. The Act allows for the application of additional conditions or restrictions through subordinate instruments, thereby providing flexibility in managing the complexities of hazardous waste movements.
Key Provisions
The key operative sections of the notice are contained in Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section mandates the issuance of a notice when a special export permit is granted for hazardous waste. The notice specifies the particulars of the permit, including the type of waste, the recipient, the quantity, the method of transport and containment, and the recovery operation. In this instance, the notice informs that permit AUH15-078 has been granted to Hydromet Corporation Pty Limited for the export of up to 6000 tonnes of lead waste from Australia to Spain, with specific conditions attached.
The Act imposes several obligations and requirements on the parties involved. Hydromet Corporation Pty Limited, the permit holder, must adhere to the conditions of the permit, ensuring that the export and recovery of the hazardous waste comply with the specified parameters. These include the proper containment of the waste in bulk bags in sealed shipping containers, the designated transport routes, and the recovery operation at Exide Technologies SLU in Spain. The permit holder must also ensure that all transboundary movements of the waste are completed before the permit expiry date of 31 March 2017.
Failure to comply with the conditions of the permit or the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to various civil or criminal consequences. Under the Act, breaches may result in the imposition of penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for offences under the Act can be significant, reflecting the importance of proper hazardous waste management and the potential environmental and health risks associated with improper handling. In addition to criminal penalties, the Act allows for the revocation of permits and other administrative actions to enforce compliance.