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 30 March 2015 permit AUH 144938W 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 6000 tonnes;
(c) the waste is to be contained in bulka bags in shipping containers;
(d) the waste is to be shipped by sea from Sydney to Port Busan in the Republic of Korea, from where it will travel by road to the recovery facility of Dansuk Industrial Co. Ltd;
(e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds;
(f) a financial guarantee of AUD $166 000 is to be submitted to the Department before the commencement of any shipment;
(g) no shipment is authorised under this permit before the date above or after 31 July 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 regulate the export and import of hazardous waste, aiming to prevent illegal traffic and dumping of hazardous waste, and to ensure that any such movements are conducted in an environmentally sound manner. The Act fills a critical gap in environmental protection by controlling the transboundary movement of hazardous waste, which can pose significant risks to human health and the environment if not properly managed. The policy objective of the Act is to protect Australia's environment and public health from the potential adverse effects of hazardous waste, while facilitating the environmentally sound management of such waste when its export or import is deemed acceptable.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to individuals and entities engaged in the export and import of hazardous waste, with specific reference to the regulation and management of such waste to mitigate environmental and health risks. The Act applies to all persons and entities involved in the export and import of hazardous waste within Australia, encompassing the transportation, treatment, and disposal of hazardous waste. The geographic scope of the Act is national, extending to all states and territories within Australia, and it regulates transactions involving hazardous waste both entering and leaving the country. The Act does not specify particular exclusions or exemptions but rather focuses on ensuring that hazardous waste management practices comply with stringent environmental and safety standards. The Act also allows for the issuance of permits under its authority, which can include conditions that further regulate the specific details of hazardous waste transactions. Subordinate instruments may provide further guidance and detail on the implementation of the Act.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically under Section 33, notifies the public of the grant of a permit (Section 33(1)) to Hydromet Corporation Pty Limited for the export of hazardous waste. The permit, AUH 144938W, allows the company to export up to 6000 tonnes of lead waste and scrap from used lead acid batteries (Basel Code A1020) from Sydney to Port Busan in the Republic of Korea. This waste, which is to be contained in bulk bags in shipping containers, will be shipped by sea and then transported by road to Dansuk Industrial Co. Ltd's recovery facility. The waste will undergo a recovery operation, specifically recycling or reclamation of metals and metal compounds (Section 33(2)(f)). Hydromet Corporation is required to submit a financial guarantee of AUD $166,000 to the Department before any shipment can commence (Section 33(2)(g)), and shipments are only permitted between 30 March 2015 and 31 July 2015 (Section 33(2)(h)). The permit is subject to certain conditions that must be adhered to by the company.
Hydromet Corporation, as the permit holder, has several obligations under the Act. The company must ensure that the hazardous waste is correctly classified and described as per the permit conditions. It must also ensure that the waste is packaged, labelled, and transported in compliance with the conditions outlined in the permit and in accordance with any additional regulations set by the Department of the Environment. Furthermore, Hydromet Corporation is required to submit the financial guarantee before any shipment can be made. The company must also ensure that the waste is only shipped within the specified timeframe and that it is disposed of at the designated recovery facility as per the permit conditions.
Failure to comply with the conditions of the permit or the requirements of the Act may result in various legal consequences. Under the Act, there are both civil and criminal penalties for non-compliance. For instance, if Hydromet Corporation fails to submit the required financial guarantee, the Department of the Environment may take action to revoke the permit or impose fines. Additionally, if the company fails to adhere to the conditions of the permit or the regulations set by the Department, it may be subject to prosecution under the Act. The maximum penalties for contravening the Act can include fines of up to AUD $330,000 for individuals and AUD $1.65 million for corporations, along with potential imprisonment for up to five years. These penalties are intended to enforce compliance and ensure the safe and responsible management of hazardous waste.