Notice of Decision to Grant a Permit to Hydromet Corporation Pty Limited to export lead waste and scrap to Spain

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the transboundary movement of hazardous waste, ensuring that such movements are managed in a manner that protects human health and the environment. This Act provides a regulatory framework to control the export and import of hazardous waste, including the issuance of export permits that outline specific conditions and requirements for the movement of hazardous materials. The Act was enacted by the Parliament of Australia, aiming to align Australia's practices with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective is to safeguard against the improper disposal of hazardous waste and to facilitate environmentally sound management of such waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste, requiring them to obtain special export permits for such activities. In this particular instance, the Act facilitates the export of lead waste and scrap derived from used lead acid batteries from Hydromet Corporation Pty Limited, based in Unanderra, New South Wales, to Azor Ambiental, SA, in Spain. This permit, AUH15-056, specifies the type of waste, the maximum quantity permitted for export, the export and import ports, and the countries through which the waste will transit. The permit also outlines the recovery operation to be conducted on the waste, which is recycling of metals and metal compounds. The Act's jurisdiction is national, with the permit issued under the Commonwealth's regulatory framework. The Act does not specify exclusions or exemptions, and its application is not extended or restricted through subordinate instruments in this notice. The permit is subject to conditions and must be adhered to strictly, including the requirement that all transboundary movements must be completed by the specified expiry date.

Key Provisions

The primary operative sections of the notice pertain to the grant of special export permit AUH15-056 under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of this Act mandates the publication of such decisions, ensuring transparency and accountability in hazardous waste export activities (Section 33). The notice specifies the details of the permit, including the exporter (Hydromet Corporation Pty Limited), the recipient (Azor Ambiental, SA), the type of waste (lead waste and scrap derived from used lead acid batteries), the maximum quantity (6000 tonnes), the method of containment (bulk bags in sealed shipping containers), the transportation route (road to sea to road), the export and import ports (Port Botany, Australia, and Port Algeciras, Spain), the transit countries (Malaysia, Singapore, Egypt, and Italy), the recovery operation (R4 – Recycling/reclamation of metals and metal compounds), and the permit period (commencing on the date of the notice until 14 January 2017). The Act imposes specific obligations and requirements on the parties involved. Hydromet Corporation Pty Limited must ensure that the waste is contained and transported according to the specified conditions of the permit, including the method of containment and the route of transportation. They are also required to export the waste within the specified period and avoid transit through Egypt after 1 April 2016 unless the Competent Authority of Egypt extends its consent period. The Department of the Environment, as the issuing authority, must ensure that all conditions of the permit are met and that the waste is not exported in a manner that poses a risk to human health or the environment. Breach of the conditions of the permit may result in various offences and penalties. Under the Act, unauthorised export of hazardous waste is an offence, which may lead to criminal charges, fines, and imprisonment. Specifically, the maximum penalty for contravening the Act can be up to AUD 210,000 for an individual and AUD 1,050,000 for a corporation, depending on the severity of the breach. Additionally, any person whose interests are affected by the decision may apply to the Administrative Appeals Tribunal for an independent review of the decision within 28 days of receiving the reasons for the decision or the notice, as applicable. This ensures that there is a mechanism for review and recourse in case of dissatisfaction with the decision.