NOTICE OF DECISION TO GRANT AN EXPORT 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 29 April 2014 permit number AUH136238K was granted to Hydromet Corporation Pty Limited, Level 9, Suite 903, 1 Castlereagh Street, Sydney, NSW 2000, Australia (Phone +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 20,000 tonnes in up to one hundred (100) shipments;
(c) the method of transport by which the waste is to be exported is:
(i) by land to Port Botany, Sydney;
(ii) by sea to Port of Gydnia in Poland, transiting ports in Singapore and Germany;
(iii) by land from Gydnia to the recovery facility of Orzel Bialy S.A. at Piekary Slaskie in Poland;
(d) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds;
(e) no shipment is authorised under this permit before the date above or after 28 February 2015.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection 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 need for stringent control over the export and import of hazardous waste, aiming to protect the environment and public health from potential harm. This legislation was introduced by the Parliament of Australia and seeks to regulate the movement of hazardous waste across international borders. The Act provides a framework to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment. The decision to grant an export permit, such as the one issued to Hydromet Corporation Pty Limited on 29 April 2014, is a demonstration of the Act's role in overseeing the export of specific hazardous materials under strict conditions, ensuring compliance with national and international environmental standards.
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, including waste exporters, importers, carriers, and generators. This legislation specifically targets the management of hazardous waste to ensure it is handled in a manner that minimises environmental and health risks. The Act operates within the Commonwealth jurisdiction and is applicable to all exports and imports of hazardous waste from Australia, regardless of the destination or origin. The permit process, as evidenced by the grant of permit number AUH136238K to Hydromet Corporation Pty Limited for the export of lead waste, is a key mechanism through which the Act regulates such activities. The Act may also extend its application through subordinate instruments, which can further detail specific requirements or restrictions related to hazardous waste transactions. Notably, there are no stated exclusions or exemptions in the provided text, although the Act typically includes provisions for certain types of waste or transactions under specific conditions.
Key Provisions
The main operative sections of this notice are pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which details the process and conditions for granting export permits for hazardous waste. Specifically, section 33 requires the Minister to notify the public of decisions to grant export permits, ensuring transparency and accountability in the exportation of hazardous waste. In this case, permit number AUH136238K has been granted to Hydromet Corporation Pty Limited for the export of lead waste and scrap from used lead acid batteries. The permit specifies the type of waste (Basel Code A1020), the maximum quantity (20,000 tonnes), the transport method, and the destination. It also outlines the authorised period for the shipments, which is from the date of the notice until 28 February 2015.
The obligations imposed by this Act on Hydromet Corporation Pty Limited include adhering strictly to the conditions set forth in the export permit. This includes ensuring that the waste is transported via the specified route—by land to Port Botany, Sydney, by sea to the Port of Gydnia in Poland with transit stops in Singapore and Germany, and finally by land to the recovery facility of Orzel Bialy S.A. at Piekary Slaskie in Poland. Hydromet Corporation must also ensure that the waste is disposed of through the recovery operation R4, which involves recycling or reclamation of metals and metal compounds. Failure to comply with these conditions could result in the permit being revoked or other legal consequences.
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any breach of the permit conditions or other provisions of the Act could lead to serious consequences. Potential penalties for non-compliance may include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties are not explicitly stated in the notice, but they are outlined in the relevant sections of the Act. Additionally, there may be civil consequences such as compensation for environmental damage or other harm caused by the breach. The Act also provides for the revocation of the export permit if it is found that the conditions have not been met. Legal action may also be taken to enforce compliance, ensuring that the environmental and public health protections afforded by the Act are upheld.