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 22 August 2014 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 10 000 tonnes in up to fifty (50) shipments;
(c) the recipient of the waste is Minmetals Korea Co. Ltd Room No. 701-1, Gwanghwamun Officia Bldg, Sinmunno 1-GA, Seoul, 110-999, Korea;
(d) the waste is to be contained in bulka bags in shipping containers and shipped by sea from Sydney to Port Kwangyang in the Republic of Korea, from where it will travel by road to the recovery facility;
(e) the waste is to be disposed of at the Dong Yang Metal Co. Ltd 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 17 August 2015.
The permit includes and is subject to the conditions.
Bruce Edwards
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,
see 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 to address the problem of improper management and potential harm from the export and import of hazardous waste. This legislation, enacted by the Australian Parliament, aims to ensure that such waste is managed in an environmentally sound manner, protecting both human health and the environment. The Act provides a regulatory framework that includes the requirement for permits to be issued for the export and import of hazardous waste, ensuring that activities are conducted under strict oversight and compliance with environmental standards. Through this legislative measure, Australia seeks to uphold its international obligations under agreements such as the Basel Convention, while also safeguarding its domestic environmental integrity.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity engaged in the export or import of hazardous waste, with a focus on ensuring that such activities do not adversely impact the environment or public health. This Act has a national reach within Australia, governing the movement of hazardous waste across state and territory borders. The Act also extends to the export and import of hazardous waste to and from Australia, thereby covering international transactions. Notably, the Act includes specific exemptions and thresholds, such as the requirement for a permit for certain quantities or types of hazardous waste, which is illustrated by the permit granted to Hydromet Corporation Pty Limited for the export of up to 10,000 tonnes of lead waste. The application and enforcement of the Act can be further detailed through subordinate instruments, which may specify additional conditions or requirements for permits and waste management practices.
Key Provisions
The notice of decision to grant a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that on 22 August 2014, a permit was granted to Hydromet Corporation Pty Limited to export hazardous waste. The specific details of the permit are outlined, including the type of hazardous waste (lead waste and scrap from used lead acid batteries, Basel Code A1020), the maximum quantity of 10,000 tonnes in up to fifty shipments, the recipient (Minmetals Korea Co. Ltd), the mode of transport (by sea from Sydney to Port Kwangyang, Republic of Korea, then by road to the recovery facility), the recovery operation (recycling/reclamation of metals and metal compounds), and the timeframe for shipments (no shipment before 22 August 2014 or after 17 August 2015). The permit is subject to certain conditions that are not detailed in the notice.
The obligations imposed by the Act on Hydromet Corporation Pty Limited include ensuring that the hazardous waste is exported in accordance with the permit's conditions and specifications. This includes properly packaging the waste in bulk bags in shipping containers, ensuring the waste is shipped by the specified mode and route, and ensuring that the waste is received and processed at the designated recovery facility by Dong Yang Metal Co. Ltd. Hydromet Corporation Pty Limited must also comply with any additional conditions attached to the permit, which could include environmental protection measures, reporting requirements, and monitoring by regulatory authorities.
Failure to comply with the conditions of the permit or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in civil and criminal consequences. Civil penalties for breaches can include fines, and in serious cases, criminal penalties may apply, which could include imprisonment. The specific penalties are determined based on the nature and severity of the breach, and are set out in the relevant sections of the Act. For instance, unauthorised export of hazardous waste can result in a maximum penalty of $330,000 for individuals and $1.65 million for corporations, as stipulated under the Act.