NOTICE OF DECISION TO GRANT A SPECIAL 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 12 September 2014, a permit (AUH 148977L) was granted to MRI (Australia) Pty Ltd (ABN 76 007 391 335), 20–24 Dennis Street, Campbellfield, Victoria, 3061 (Telephone: +61 3 9303 1824) (Facsimile: +61 3 9305 4491).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste batteries (Basel Code A1170) comprising nickel cadmium (NiCad), nickel metal hydride, lithium primary and lithium ion batteries;
(b) the quantity of the waste to be exported is a maximum of 700 tonnes in up to twenty (20) shipments;
(c) the waste is to be packaged in accordance with UN guidelines. Dry cell batteries are to be packed in sealed drums which are lined with polyethylene. NiCad batteries are to be drained of electrolyte and packaged and strapped to prevent any residual leakage and short circuit and labelled appropriately for safe handling;
(d) the waste is to leave Australia by sea from Melbourne and Sydney and travel directly to the Port of Busan in the Republic of Korea from where it will be transported to the recovery facility, Kobar Limited, 25B-1L, Chilseo District Industrial Complex, Haman-kun Kyung Nam, 637-940;
(e) the waste is to be disposed of 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 31 August 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Assistant Secretary
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 by the Parliament of Australia to address the need for stringent regulation of the export and import of hazardous waste, ensuring that such activities are conducted in a manner that minimises environmental harm and risks to human health. This Act aims to provide a framework that aligns with Australia’s international obligations under various environmental conventions and agreements, including the Basel Convention, which seeks to control the transboundary movements of hazardous wastes and their disposal. The policy objective of the Act is to prevent the illegal traffic of hazardous waste and to promote the environmentally sound management of such waste, thus protecting human health and the environment from the adverse effects of hazardous waste movements.
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 from Australia. Specifically, the Act targets those entities that are seeking to export hazardous waste, including waste batteries, to other countries for processing or disposal. The application of the Act is national, as it operates under the Commonwealth jurisdiction, thereby affecting all states and territories within Australia. The Act includes provisions for granting special export permits, which are subject to conditions, and the gazette provides details on the permits granted, including the type of hazardous waste, the quantity, packaging standards, destination, disposal method, and the timeline for shipments. Notably, the Act excludes certain transactions or entities that may not fall under the purview of hazardous waste exports or imports, although specific exclusions are not detailed in the gazette. The Act's application can be extended or restricted through subordinate instruments, which may detail additional regulations or conditions pertinent to hazardous waste management.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides the legal framework for granting special export permits for hazardous waste. In this instance, a permit (AUH 148977L) was granted to MRI (Australia) Pty Ltd on 12 September 2014, allowing the company to export up to 700 tonnes of waste batteries, including nickel cadmium, nickel metal hydride, lithium primary, and lithium ion batteries, in up to twenty shipments, to the Republic of Korea by sea. The waste must be packaged in accordance with UN guidelines, with dry cell batteries packed in sealed, lined drums and NiCad batteries drained and labelled for safe handling. The waste is to be transported directly to the Port of Busan and subsequently to Kobar Limited for recovery operations. The permit is valid until 31 August 2015 and includes specific conditions to ensure compliance with the regulations.
The Act imposes several obligations on the parties involved. MRI (Australia) Pty Ltd must adhere to the packaging and transportation guidelines stipulated in the permit to ensure the safe export and handling of hazardous waste. They must also ensure that all shipments occur within the specified timeframe and directly to the designated recovery facility. The Department of the Environment is responsible for overseeing the permit's conditions and ensuring that the export complies with national and international hazardous waste regulations. Additionally, the recovery facility, Kobar Limited, must be prepared to handle the waste in accordance with the permit's recovery operation R4 specifications, ensuring the recycling and reclamation of metals and metal compounds.
Failure to comply with the provisions of the Act or the conditions of the permit can result in legal consequences. Offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may lead to both civil and criminal penalties. For instance, exporting hazardous waste without a permit or in breach of permit conditions can result in substantial fines, imprisonment, or both. The exact penalties depend on the severity of the breach, but they can include fines up to several thousand Australian dollars and imprisonment terms that can extend to several years. Additionally, any environmental damage caused by non-compliance may result in further civil liability for the responsible party.