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 permit number AUH15-066 was granted to Lex Enviro Services (Aust) Pty Ltd (ABN 43 138 392 962), 6 Sunblest Crescent, Mount Druitt NSW 2770, Telephone: +61 2 9832 8268, Facsimile: +61 2 9832 8268.
The particulars of the permit are as follows:
(i) the proposed recipient of the waste is Kook Jea Metallic Co, San 10, Ogye-ri, Geumho-eup, Yeongcheon-si, Gyeongsangbuk-du, Korea (Telephone: +82 10 3103 6622) (Facsimile: +82 54 338 6622);
(ii) the type of the waste is lead waste and scrap from used lead acid batteries (Basel Code: A1160);
(iii) the maximum quantity of the waste that may be exported is 4,000 tonnes;
(iv) the waste is to be contained in bulk bags in sealed shipping containers during export;
(v) the waste is to be transported by road to the port of export, shipped by sea directly to the port of import and then by road from the port destination to the recovery facility;
(vi) the waste may only be exported during the permit period;
(vii) the waste is to be exported from Port Botany, Sydney, Australia;
(viii) the waste is to be exported to the Port of Busan, Republic of Korea;
(ix) there are no transit countries; and
(x) the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.
The permit period is from 1 June 2016 until the permit expiry date of 30 May 2017. All transboundary movements must be completed within the permit period. The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
8 April 2016
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 merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision 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 email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the uncontrolled export of hazardous waste, which can pose significant environmental and health risks both domestically and internationally. The Act aims to regulate the export and import of hazardous waste to ensure it is managed in an environmentally sound manner and to prevent illegal traffic in hazardous waste. The legislation was enacted by the Parliament of Australia and its policy objective is to provide a framework for the control of hazardous waste movements across borders, in line with international conventions and agreements such as the Basel Convention. This Act is critical in maintaining Australia's environmental integrity and ensuring compliance with international obligations concerning hazardous waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste across international borders, including businesses and other organisations based in Australia or seeking to export waste from Australia. The Act governs the conditions under which hazardous waste can be exported or imported, ensuring compliance with national and international standards to protect human health and the environment. The Act's jurisdiction covers all transboundary movements of hazardous waste, subject to the permit conditions outlined within the Act. Notably, the Act does not explicitly state exclusions or exemptions, but it does allow for the establishment of specific conditions attached to each export permit, which can dictate the scope of application for particular transactions. The permit process itself is an extension of the Act's regulatory framework, allowing the Minister to impose conditions that further refine the application of the legislation in individual cases.
Key Provisions
The primary sections of the legislation (sections 33) provide notice of the grant of an export permit for hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, permit number AUH15-066 has been granted to Lex Enviro Services (Aust) Pty Ltd, allowing the export of lead waste and scrap from used lead acid batteries to Kook Jea Metallic Co in Korea. This permit outlines detailed conditions including the type of waste, the maximum quantity of 4,000 tonnes, the method of containment and transportation, and the specified ports for export and import. The permit is valid from 1 June 2016 until 30 May 2017, with all movements of the waste required to be completed within this period.
The Act imposes several obligations on the parties involved. Lex Enviro Services (Aust) Pty Ltd must ensure that the waste is exported strictly in accordance with the conditions outlined in the permit. This includes proper containment in bulk bags within sealed shipping containers, transportation via specified routes, and adherence to the timeframe of the permit. The recipient, Kook Jea Metallic Co, must also comply with the conditions and ensure the waste is processed for the stated recovery operation, which is recycling/reclamation of metals and metal compounds. Both parties must maintain records of the export and any relevant communications with the Department of the Environment.
Breach of the conditions of the export permit or non-compliance with the provisions of the Act can lead to significant consequences. Under the Act, any person who contravenes the conditions of the permit or fails to comply with the Act may be subject to enforcement actions. Offences can result in civil penalties, including fines up to a maximum of $1,260,000 for corporations and $252,000 for individuals, as stipulated in the legislation. In addition to civil penalties, criminal charges may be brought against individuals who deliberately or recklessly breach the Act, leading to potential imprisonment. The severity of the penalties underscores the importance of strict compliance with the Act's provisions.