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 permit AUH16-003 was granted to MRI (Aust) Pty Ltd (ACN 007 391 335) of 20-24 Dennis Street, CAMPBELLFIELD VIC 3061 (Telephone: +61 3 9093 1824; Facsimile + 61 3 9305 4491).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste alkaline and manganese batteries (A1170);
(b) the quantity of the waste to be exported is a maximum of 500 tonnes;
(c) the waste is to be exported in up to 30 shipments:
(i) by sea from the Port of Melbourne, VIC or the Port of Sydney, NSW to the port of Busan, Republic of Korea; and
(ii) then by road to the facility of ER Co., Ltd., 42, Anha-ro 116 beon-gil, Hanrim-myeon, Gimhae-si, Gyeongsangnam-do, Republic of Korea;
(d) at that facility, all of the waste alkaline and manganese batteries are to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds; and
(e) the permit expires 1 September 2016 and all transboundary movements of the waste alkaline and manganese batteries must be completed by that date.
The permit includes and is subject to conditions.
Rochelle Christian
Delegate of the Minister
Chemicals and Waste Branch
Department of the Environment
18 March 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 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 email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for strict regulation of the export and import of hazardous waste, thereby protecting both the environment and public health from potential harm. This Act was passed by the Australian Parliament, aiming to align Australia's hazardous waste management practices with international standards and obligations. The policy objective of this legislation is to ensure that any export or import of hazardous waste is conducted in a manner that prevents illegal traffic, protects human health and the environment, and promotes environmentally sound management of hazardous waste. Through this Act, the Australian government seeks to control and monitor the movement of hazardous waste across borders, imposing stringent requirements and oversight to mitigate risks associated with such activities.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, regulating the movement of such waste to ensure it is managed in an environmentally sound manner. This Act applies to any person or entity intending to export or import hazardous waste, covering transactions and shipments that involve the transboundary movement of such waste. The Act's jurisdiction spans the entire Commonwealth of Australia, with its provisions extending to all states and territories. It includes specified exclusions, such as waste that is not classified as hazardous under the Act, and may also incorporate additional conditions or requirements through subordinate instruments or regulations. The issuance of permits, such as the one granted to MRI (Aust) Pty Ltd for the export of up to 500 tonnes of waste alkaline and manganese batteries, exemplifies the Act's application, ensuring that the waste undergoes a specified recovery operation in the destination country, in this case, recycling at a facility in the Republic of Korea.
Key Provisions
The main operative sections of this legislation, as evidenced by the notice, pertain to the grant of a hazardous waste export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). Specifically, the notice details the issuance of permit AUH16-003 to MRI (Aust) Pty Ltd, allowing them to export up to 500 tonnes of waste alkaline and manganese batteries, to be shipped in up to 30 shipments by sea from Melbourne or Sydney to Busan, South Korea, and then transported by road to a specified facility for recycling and reclamation of metals and metal compounds. This permit is valid until 1 September 2016, and all transboundary movements of the waste must be completed by that date. The permit is subject to certain conditions, although the specific conditions are not detailed in the notice.
Under this Act, the obligations imposed on MRI (Aust) Pty Ltd include strict adherence to the terms of the permit, including the specified quantity and type of hazardous waste to be exported, the approved routes and transport methods, and the destination facility. The company is also required to ensure that all waste is processed in accordance with the specified recovery operation, which in this case is recycling and reclamation of metals and metal compounds. Compliance with these obligations is essential to avoid any legal repercussions under the Act.
The Act also outlines potential penalties and consequences for any breaches of its provisions. While the notice does not provide specific details on penalties, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, unauthorised exports of hazardous waste can result in substantial fines and potential criminal charges. The severity of penalties can vary based on the nature and extent of the breach but may include fines up to several hundred thousand dollars and imprisonment for individuals involved in the illegal activities. Furthermore, the Act provides for the revocation of permits and the prohibition of future applications, which could significantly impact the company’s operations.