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 2 June 2015, permit AUH 458137R was granted to Beverich Holdings International Pty Ltd trading as Reverse E-waste (ACN 132 013 097), 1024-1028 Canley Vale Road, Wetherill Park NSW 2164 (Phone +61 2 97574847; Facsimile: +61 2 9757 4867).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is comprised of waste lithium ion, nickel cadmium and nickel metal hydride batteries (Basel Code A1170);
(b) the quantity of the waste to be exported is a maximum of 1 000 tonnes in up to fifty (50) shipments;
(d) the waste will be exported from Sydney, Melbourne, Brisbane and Perth and shipped directly to Busan in the Republic of Korea with no transit ports;
(e) from Busan, the waste will be transported by road to the facility of Kobar Limited, 296-2 Daech-li, Chilseo-myun, Haman-kun, Kyung-Do Nam, 637-940, where the waste will undergo recovery operation R4–Recycling/reclamation of metals and metal compounds; and
(f) no shipment is authorised under this permit before the date below and all transboundary movements of the waste must be completed by 30 June 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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, listed under the 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; Email hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste in Australia, aiming to address the problem of improper disposal and management of hazardous waste, which can pose significant environmental and health risks. This Act was introduced to ensure that any export or import of hazardous waste complies with stringent regulations to mitigate these risks. The legislation was passed by the Parliament of Australia with the objective of protecting human health and the environment from the adverse effects of hazardous waste. The Act provides a framework for the issuance of export permits, subject to certain conditions, and allows for oversight and enforcement to ensure compliance with environmental standards.
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, ensuring these activities are conducted in an environmentally sound manner. This Act specifically governs the management and regulation of the transboundary movement of hazardous waste, which includes waste such as lithium-ion, nickel cadmium, and nickel metal hydride batteries, as exemplified in the export permit granted to Beverich Holdings International Pty Ltd. The permit allows for the export of up to 1,000 tonnes of specified waste from Australian ports to a designated facility in the Republic of Korea, subject to strict conditions. The Act extends to the Commonwealth level, ensuring uniform regulation across Australia, and allows for the grant of export permits with specified conditions to ensure compliance with environmental protection standards. The Act does not specify exclusions but permits conditions to be set by the relevant authorities to manage risks associated with hazardous waste movements. The application and enforcement of the Act may be extended through subordinate instruments, such as regulations and guidelines issued by the Department of the Environment.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 specifies that an export permit for hazardous waste must be granted in accordance with the provisions of the Act, and that the granting of such a permit should be notified to relevant stakeholders. In this case, permit AUH 458137R was issued to Beverich Holdings International Pty Ltd, trading as Reverse E-waste, allowing the export of up to 1,000 tonnes of hazardous waste consisting of lithium-ion, nickel cadmium and nickel metal hydride batteries. These wastes are classified under Basel Code A1170 and will be exported from designated Australian ports to a specific facility in the Republic of Korea for recycling operations. The waste will be transported directly from Australia to Busan and then by road to Kobar Limited's facility in Haman-kun, Kyung-Do Nam. The permit is valid for shipments originating no earlier than the date of the notice and requires all movements to be completed by 30 June 2015.
The Act imposes several obligations on the permit holder, Beverich Holdings International Pty Ltd. The permit holder must ensure that the waste exported is accurately described and that the export complies with all conditions attached to the permit. The hazardous waste must be managed in a manner that prevents environmental harm and human health risks during the entire export process. The company must also ensure that all transboundary movements are completed by the specified deadline and that all waste is handled according to the stated recovery operations at the recipient facility in Korea. Additionally, the permit holder is required to maintain records and documentation that can be submitted to the Department of the Environment upon request.
Failure to comply with the conditions of the permit or the requirements of the Act can result in significant consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of permit conditions or the Act can lead to criminal charges. The maximum penalties for such offences can include substantial fines and imprisonment. For example, section 75 of the Act provides for fines of up to $66,000 for individuals and $330,000 for corporations, alongside potential imprisonment terms. Additionally, the Act empowers authorised officers to take enforcement actions, including the seizure of non-compliant waste and the imposition of compliance orders. Civil liabilities may also arise for any environmental damage caused by non-compliance, with potential compensation claims from affected parties.