Notice of Decision to grant a permit to Hydromet Corporation Pty Limited to import lead waste and scrap derived from used lead acid batteries from New Zealand – AUH16-046

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for regulation of the export and import of hazardous waste in Australia, ensuring it is managed in a way that protects human health and the environment. The Act was introduced by the Parliament of Australia, aiming to control the transboundary movement of hazardous waste, particularly in response to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to prevent the export and import of hazardous waste in a manner that could lead to improper disposal or harm to people and the environment. The Act provides a framework for the regulation of hazardous waste movements, including the issuance of permits for such activities and the imposition of conditions to ensure compliance with environmental standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste within Australia, regulating the movement of such waste to ensure it is managed in an environmentally sound manner. This legislation applies to individuals and entities, such as Hydromet Corporation Pty Limited, who are involved in the import or export of hazardous waste. The Act covers specific types of hazardous waste, including lead waste and scrap derived from Used Lead Acid Batteries, as indicated in the permit granted to Hydromet Corporation. The Act's jurisdiction extends nationally, but this particular permit relates to the importation of waste from New Zealand to Australia, specifically from the Centre Port Wellington and Port of Auckland to the Port of Melbourne. The Act provides for exclusions and exemptions, but these are not explicitly detailed in the notice of the permit. The Act can be extended or restricted through subordinate instruments, which would provide further conditions or clarifications on the types of waste and processes involved.

Key Provisions

The main operative sections of this Notice of Decision, pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, pertain to the granting of special import permit AUH16-046 to Hydromet Corporation Pty Limited, detailing the specifics of the import of lead waste and scrap derived from Used Lead Acid Batteries. The permit outlines the particulars of the waste, including the type of waste (Basel Code A1020), the maximum quantity allowed (100 tonnes), and the conditions for containment, transportation, and recovery of the waste. The waste must be contained in plastic lined drums with pallets, transported by road and sea, and cannot transit any countries. The import must occur from specific New Zealand ports to the Port of Melbourne, Australia, and the waste must undergo a recovery operation R4 – Recycling/reclamation of metals and metal compounds at the Hydromet Corporation Pty Ltd facility in Laverton North, Victoria, within the permit period. The Act imposes several obligations and requirements on the parties involved. Hydromet Corporation Pty Limited, as the permit holder, must comply with all conditions outlined in the permit, including the importation of the waste within the specified period and the use of the waste only for the recovery operation at the designated facility. Chempro Group Limited, the exporter, must ensure that the waste is exported in accordance with the permit conditions. Additionally, both parties must ensure that the waste is properly contained and transported as specified, and that the waste is not allowed to transit any countries outside the agreed route. Breach of the conditions specified in the permit or failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant consequences. The Act does not specify particular offences or penalties within the notice itself, but breaches of the Act can generally result in civil or criminal penalties. The potential penalties can include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties would be determined by the relevant courts based on the specifics of the breach and the provisions of the Act. It is important for both the permit holder and the exporter to adhere strictly to the permit conditions to avoid any legal repercussions.