Notice of Decision to grant a Special Export Permit (AUH1277847) to Dodd & Dodd Group Pty Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, which could pose significant risks to human health and the environment. This legislation was introduced by the Parliament of Australia with the policy objective of regulating the export and import of hazardous waste in a manner that protects public health and the environment both domestically and internationally. The Act provides a framework for the management of hazardous waste, including the issuance of permits for the export and import of such waste under specific conditions, as demonstrated by the grant of permit AUH127784Z to Dodd & Dodd Group Pty Ltd for the export of used nickel cadmium batteries to the Republic of Korea. The Act ensures that hazardous waste is managed in a manner that minimises potential harm, aligning with international standards and obligations.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste in Australia, and this Act governs the issuance of special export permits for such activities. This legislation imposes regulatory oversight over entities involved in the export or import of hazardous waste, ensuring that such activities comply with environmental protection standards and are conducted in a manner that minimises risks to human health and the environment. The Act applies to entities such as Dodd & Dodd Group Pty Ltd, which in this case has been granted a special export permit for used nickel cadmium (NiCad) batteries. This permit is specifically tailored to the entity and the nature of the hazardous waste being exported, including the method and logistics of transport and the ultimate disposal process. The permit is subject to strict conditions to ensure compliance with the Act. The Act extends its jurisdiction to cover the entire Commonwealth of Australia, regulating activities that have an international component. The application for the special export permit is subject to review under the Administrative Appeals Tribunal Act 1975, providing a legal recourse for affected parties.

Key Provisions

The key operative sections of the notice detail the granting of permit AUH127784Z to Dodd & Dodd Group Pty Ltd, allowing the export of used nickel cadmium (NiCad) batteries. Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides the legal basis for this decision. The permit specifies the type of hazardous waste (used NiCad batteries), the maximum quantity (120 metric tonnes), and the method of packing and transportation, including road and sea transport, and the designated ports of origin and destination. It also outlines the timeframe for the shipment, which is between 1 January 2013 and 31 December 2013, and specifies the disposal method at the Kobar Limited facility in the Republic of Korea. The obligations imposed by the Act on Dodd & Dodd Group Pty Ltd include adhering to the specified conditions of the permit, such as the method of packaging and transportation, and ensuring that the export occurs within the prescribed timeframe. The company must also ensure that the hazardous waste is disposed of in accordance with the designated recovery operation R4 at the Kobar Limited facility. Failure to comply with these conditions could result in legal repercussions. Breach of the terms and conditions of the permit may result in both civil and criminal consequences. Under the Act, non-compliance could lead to penalties for the company, including fines and imprisonment. The specific penalties are not detailed in the notice but generally, offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can attract significant fines and imprisonment terms, depending on the severity and nature of the breach. For instance, offences involving hazardous waste can incur fines of up to $66,000 for individuals and substantially higher amounts for corporations, along with potential imprisonment terms. The notice also informs affected parties of their rights to request reasons for the decision and to seek an independent review by the Administrative Appeals Tribunal.