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 7 September 2015 special export permit AUS15-022 was granted to Powercell (Australia) Trading Pty Ltd (ACN 109 461 896), 230 Halifax Street, Adelaide, South Australia, 5000; Telephone: +61 8 8223 2011; Facsimile: +61 8 8223 2157.
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste batteries (Basel Code A1170), comprising nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH) and lithium ion (Li-Ion) batteries;
(b) the quantity of the waste to be exported is a maximum of 100 tonnes;
(c) the waste will be packed in plastic bag lined 200 litre sealable metal barrels, separated into specific chemistries of dry cell Ni-Cd, Ni-MH and Li-Ion rechargeable end-of-life battery scraps. Four drums will be secured onto each pallet, and shipped in seaworthy containers;
(d) the waste is to be transported by rail from Adelaide to Melbourne, then shipped by sea to the Port of Kobe or Port of Osaka in Japan, from where it will travel by land to the recovery facilities of Nippon Recycle Center Corp at:
- Tsukuda Plant, 6-10-39, Tsukuda, Nishiyodogawa-ku, Osaka, 555-0001, Japan;
- Nakajima Plant, 2-9-141, Nakajima, Nishiyodogawa-ku, Osaka, 555-0041, Japan;
- KonoHana Plant, 2-3-32, Umemachi, Konohana-ku, Osaka, 554-0032, Japan.
(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 below or after 28 August 2016.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
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 controls over the export and import of hazardous wastes. The Act was designed to ensure that such wastes are managed in a way that minimises risks to human health and the environment, both domestically and internationally. This was a response to the growing global concern over the improper disposal and transboundary movement of hazardous materials, which can have detrimental effects on ecosystems and public health. The policy objective of the Act is to regulate the export and import of hazardous wastes, ensuring they are handled in an environmentally sound manner and in accordance with international agreements, such as the Basel Convention. The Act was passed by the Parliament of Australia, reflecting a commitment to environmental protection and international cooperation in managing hazardous waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to individuals, businesses, and entities engaged in the export and import of hazardous waste within Australia and internationally. The Act sets out the framework for controlling the export and import of hazardous waste, including the requirement for an export permit, which ensures that hazardous waste is managed in an environmentally sound manner. In the specific case of the permit granted to Powercell (Australia) Trading Pty Ltd, the Act applies to the export of up to 100 tonnes of waste batteries, including nickel cadmium, nickel metal hydride, and lithium ion batteries, to Japan for recovery operations. The geographic scope of the Act is national, with the Commonwealth having jurisdiction over the regulation of hazardous waste exports and imports. However, the Act also takes into account international agreements, such as the Basel Convention, which aims to reduce the movement of hazardous waste between nations, particularly from developed to less developed countries. The Act includes exclusions and exemptions for certain types of waste and activities, and its application may be extended or restricted through subordinate instruments, such as regulations and guidelines. The permit granted under the Act is subject to conditions that aim to ensure the environmentally sound management of the waste throughout the export process.
Key Provisions
The main operative sections of the legislation (Gazette C2015G01456) pertain to the grant of an export permit for hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act allows for the issuance of special export permits for the export of hazardous waste, and this Gazette provides a notice of the granting of such a permit to Powercell (Australia) Trading Pty Ltd. The permit, numbered AUS15-022, is for the export of up to 100 tonnes of waste batteries, specifically nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH) and lithium ion (Li-Ion) batteries, to Japan for recycling.
Powercell (Australia) Trading Pty Ltd is required to adhere to specific conditions outlined in the permit. These conditions include the type of hazardous waste to be exported (waste batteries), the quantity, packaging requirements (plastic bag lined 200 litre sealable metal barrels), transportation details (by rail from Adelaide to Melbourne, then by sea to Japan), and the ultimate disposal method (recovery operation R4–Recycling/reclamation of metals and metal compounds). The permit is valid only until 28 August 2016, and no shipment is authorised before or after this date.
The obligations and requirements imposed on Powercell (Australia) Trading Pty Ltd by this Act include ensuring that the waste batteries are packed and transported in accordance with the specified conditions. They must also ensure that the hazardous waste is only shipped to the Nippon Recycle Center Corp’s recovery facilities in Japan. Any deviation from the outlined conditions could potentially invalidate the permit and lead to legal consequences. Powercell (Australia) Trading Pty Ltd must also maintain records and documentation that attest to compliance with the permit conditions.
Failure to comply with the conditions of the export permit may result in significant legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, violations of the permit conditions could lead to civil and criminal penalties. The Act does not specify the exact penalties, but typically, breaches of environmental legislation can result in substantial fines, and in severe cases, imprisonment. Additionally, the permit holder may face legal action to recover costs associated with the remediation of any environmental harm caused by non-compliance.