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 number AUH15-076 was granted to Orbitas Pty Ltd (ACN 127 151 599), Building 10, Level 1, 658 Church Street, Richmond, Victoria, 3121 (Telephone: 1300 783 879; Facsimile: 1300 783 870).
The particulars of the permit are as follows:
(i) the exporter of the waste is Alco Battery Sales (NZ) Limited, Unit B, 57 Mclaughlins Road, Wiri, Auckland, New Zealand (Telephone + 64 21 478 671);
(ii) the type of the waste is Used Lead Acid Batteries (ULABs) (Basel Code A1160);
(iii) the maximum quantity of ULABs that may be imported is 400 tonnes;
(iv) the ULABs will be strapped and wrapped to standard wooden pallets;
(v) the waste is to be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility;
(vi) the waste may only be imported during the permit period;
(vii) the waste is to be imported to the port of Sydney, Australia;
(viii) the waste is to undergo a recovery operation at the Renewed Metal Technologies Pty Ltd at 509 Byrnes Road, Wagga Wagga, New South Wales, 2650;
(ix) the ULABs will undergo recovery operations R1 – Use as a fuel (other than in direct incineration) or other means to generate energy, R4 – Recycling/reclamation of metals and metal compounds, and R6 – Regeneration of acids or bases.
The permit period is from the date below and expires one year from this date. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Sara Broomhall
Delegate of the Minister
A/g Assistant Secretary
Chemicals and Waste Branch
Department of the Environment
29 January 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,
see under Commonwealth Government Section in the White Pages. Further information or 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 problem of the improper disposal and transboundary movement of hazardous waste, ensuring such waste is managed in an environmentally sound manner. This legislation was designed to control the export and import of hazardous waste, ensuring that such activities do not harm human health or the environment, and to align Australia's waste management practices with international standards. The Act aims to facilitate the environmentally sound management of hazardous waste by imposing strict controls on the export and import of such waste, thereby protecting both national and international environments from the adverse effects of improper waste disposal.
Scope and Application
The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to a permit issued to Orbitas Pty Ltd, a company based in Victoria, for the importation of used lead acid batteries from Alco Battery Sales (NZ) Limited. The permit allows for the import of up to 400 tonnes of used lead acid batteries, specifically classified as Basel Code A1160, to the port of Sydney for processing at a recovery facility operated by Renewed Metal Technologies Pty Ltd in New South Wales. The waste is intended to undergo various recovery operations including use as a fuel to generate energy, recycling of metals and metal compounds, and regeneration of acids or bases. This permit is subject to specific conditions and expires one year from the date of issuance. The Act applies to the entities involved in the transboundary movement of hazardous waste, specifically the exporter and the importer, as well as the facilities where the waste is to be processed. The jurisdictional scope of the Act is national, as it governs the export and import of hazardous waste across Australia's borders, and it does not specify any exclusions or exemptions in this instance. Any further regulation or conditions may be established through subordinate instruments under the Act.
Key Provisions
The main operative sections of the notice of decision to grant a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 include the grant of permit number AUH15-076 to Orbitas Pty Ltd (section 33). The permit allows for the export of used lead acid batteries (ULABs) from Alco Battery Sales (NZ) Limited to be imported into Australia for recovery operations. This import is restricted to a maximum quantity of 400 tonnes of ULABs, which must be strapped and wrapped to standard wooden pallets. The waste is to be transported by road to the port of export, shipped by sea, and then transported by road from the port of destination to the recovery facility. The permit specifies that the import can only occur during the permit period and that the waste is to be imported to the port of Sydney, Australia, and undergo recovery operations at the Renewed Metal Technologies Pty Ltd in Wagga Wagga, New South Wales.
The obligations and requirements imposed by the Act on the parties involved include strict adherence to the terms and conditions of the permit, including the maximum quantity of waste, the method of transportation, and the specific recovery operations permitted. The exporter, Orbitas Pty Ltd, must ensure that the waste is managed in accordance with the terms of the permit, including the correct labelling, handling, and transportation of the hazardous waste. The recovery facility, Renewed Metal Technologies Pty Ltd, must ensure that it is equipped to handle the specific type of hazardous waste and that it undertakes the permitted recovery operations only.
The legislation also outlines the potential consequences for breach of the Act, including offences and penalties. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any person who contravenes the provisions of the Act or the conditions of a permit may be liable for a range of penalties. For individuals, the maximum penalty is generally a fine of up to $220,000 or imprisonment for up to five years, or both. For bodies corporate, the maximum penalty is higher, generally a fine of up to $1,100,000 or imprisonment for up to 15 years, or both. The Act also provides for civil penalties, including fines, injunctions, and orders for the recovery of costs. Additionally, the Act may also impose criminal liability for serious or repeated breaches of the Act.