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 on 13 February 2015 a permit was granted to Hydromet Corporation Pty Limited (ABN 71 002 802 646), Level 9, Suite 903, 1 Castlereagh Street, Sydney, NSW 2000, Australia (Telephone: +64 9 914 8594; Facsimile: +64 9 309 9264).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is lead waste and scrap from used lead acid batteries (Basel Code A1020);
(b) the quantity of the waste to be exported is a maximum of 1500 tonnes in up to sixty (60) shipments;
(c) the recipient of the waste is Hwachang Co. Ltd, Room, 78 Gongdanbuk-gil, Haman-gun, Gyeongsangnam-do, Korea;
(d) the waste is to be contained in plastic lined jumbo bags placed in shipping containers and shipped by sea from Sydney to Port Busan in the Republic of Korea, from where it will travel to the recovery facility;
(e) the waste is to be disposed of at the recovery facility by recovery operation R4–Recycling/reclamation of metals and metal compounds;
(f) no shipment is authorised under this permit before the date above or after 23 November 2015.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Delegate to the Minister
Waste Policy Branch
Department of the Environment
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 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 Deputy Registrar, Administrative Appeals Tribunal in your capital city, as listed under Commonwealth Government Section in the White Pages. Further enquiries 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 E-mail 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 uncontrolled and potentially harmful export and import of hazardous waste. This legislation was introduced to ensure that any export or import of hazardous waste is managed in a way that minimises risks to human health and the environment, thereby aligning with international obligations under the Basel Convention. The Act establishes a regulatory framework that includes the issuance of permits for such activities, subject to specific conditions designed to protect against adverse environmental and health impacts. The policy objective of the Act is to regulate the export and import of hazardous waste in a manner that ensures they are managed responsibly and sustainably, reflecting Australia's commitment to environmental protection and international cooperation in managing hazardous materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia. The legislation aims to control and regulate the movement of hazardous waste across borders to ensure it is managed in a way that protects human health and the environment. This includes imposing requirements for permits for the export or import of hazardous waste and setting out conditions that must be met. The Act extends to the entire Commonwealth of Australia, and its application is not restricted by state or territory boundaries. However, specific exclusions may apply, such as waste that is subject to other legislative regimes or waste that is exported for the purpose of disposal at sea. The Act may also be extended or restricted through subordinate instruments such as regulations or guidelines. The permit granted to Hydromet Corporation Pty Limited under this Act allows for the export of a specific quantity of lead waste from used lead acid batteries to a designated recipient in Korea, subject to certain conditions aimed at ensuring safe and environmentally sound management of the waste.
Key Provisions
The main operative sections of the notice of decision pertain to the granting of a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically as per Section 33 of the Act. The notice indicates that a permit was granted to Hydromet Corporation Pty Limited, allowing them to export lead waste and scrap from used lead acid batteries (Basel Code A1020) to Hwachang Co. Ltd in Korea. The exported waste is to be contained in plastic lined jumbo bags and shipped by sea from Sydney to Port Busan, Korea. The waste is intended to be disposed of at the recipient’s recovery facility through recycling/reclamation of metals and metal compounds (recovery operation R4). The permit authorises a maximum of 1500 tonnes of waste to be exported in up to sixty (60) shipments, with no shipment permitted before 13 February 2015 or after 23 November 2015.
The Act imposes several obligations on the parties involved. Hydromet Corporation Pty Limited, as the permit holder, must adhere to the specified conditions outlined in the permit. These include ensuring the hazardous waste is correctly contained and shipped within the permitted timeframes and quantities. Additionally, they must ensure that the waste is transported to the recovery facility in Korea and is disposed of in accordance with the permit conditions. Hwachang Co. Ltd, as the recipient, must accept the waste only for the specified recovery operation and ensure that the waste is processed appropriately. Both parties are required to maintain records of all shipments and disposal activities in compliance with the permit terms.
Failure to comply with the conditions of the permit may result in various civil and criminal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, non-compliance can lead to enforcement actions, including the revocation of the permit, fines, and potential prosecution. The specific penalties are not detailed in the notice but can be substantial, reflecting the serious nature of hazardous waste management. The Act allows for penalties that can include fines up to a significant amount, reflecting the gravity of non-compliance with hazardous waste export regulations. Additionally, criminal liability may be imposed on individuals found to be in breach of the Act, leading to potential imprisonment.