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 7 November 2013, permit number AUH138084C was granted to
Dodd & Dodd Group Pty Ltd (ABN 65 874 186 779) of 11 Kennedy Street, Maylands,
Western Australia 6051 (Telephone & Facsimile: + 61 8 9448 5750).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is used lead acid batteries;
(b) the quantity of the waste to be exported is a maximum of 5500 tonnes;
(c) the method of transport by which the waste is to be exported is:
(i) by land to the port of Fremantle, Western Australia;
(ii) by sea to the port of Busan in the Republic of Korea; and
(iii) by land from the port of Busan to the facility of Kookjea Metallic Co. Ltd located at
San 10 Ogye-Ri Geumho-Eup Yeongcheon-Si, Gyeongsangbuk-Du;
(d) the waste is to be disposed of at the above facility by recovery operation R4 - Recycling and reclamation of metals and metal compounds; and
(e) no shipment is authorised under this permit before the date above and all transboundary movement of the waste is to be completed by 31 July 2014.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection 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 information or enquiries should be directed to:
Director, NPI & 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 uncontrolled and unsafe export of hazardous waste, which could potentially harm the environment and public health. The Act establishes a regulatory framework to ensure that the export, import and transboundary movement of hazardous waste are managed in a manner that protects human health and the environment. The policy objective of the Act is to control the export and import of hazardous waste to prevent illegal traffic and to ensure that hazardous waste is managed in an environmentally sound manner. The Act provides for the issuance of special export permits for the export of hazardous waste, which are subject to conditions to ensure that the waste is managed in a safe and environmentally sound manner. The Act also provides for the establishment of a National Pollutant Inventory to monitor the export and import of hazardous waste.
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, ensuring such activities comply with the regulatory framework established by the Commonwealth of Australia. This legislation governs the movement of hazardous waste across national boundaries, with the primary objective of protecting human health and the environment from the adverse effects of improper waste management. The Act extends to all persons and entities within Australia and applies to hazardous waste intended for export or import, regardless of the destination or origin, thereby encompassing a wide range of industries involved in waste management and related activities. The permit granted to Dodd & Dodd Group Pty Ltd for the export of used lead acid batteries exemplifies the Act's application, setting out specific conditions for the type and quantity of waste, method of transport, and disposal procedures, ensuring compliance with environmental protection standards. The Act’s jurisdiction is national, and while it covers all hazardous waste, specific exclusions and exemptions may apply depending on subordinate instruments and regulations.
Key Provisions
The main operative sections of this notice pertain to the granting of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as indicated in Section 33 of the Act. The notice specifies that on 7 November 2013, permit number AUH138084C was granted to Dodd & Dodd Group Pty Ltd. This permit allows for the export of used lead acid batteries, with a maximum quantity of 5500 tonnes, by land to the port of Fremantle, by sea to the port of Busan in the Republic of Korea, and finally by land to the Kookjea Metallic Co. Ltd facility in Yeongcheon-Si, Gyeongsangbuk-Du. The permit also stipulates that the waste must be disposed of via a recovery operation focused on the recycling and reclamation of metals and metal compounds. Moreover, the permit mandates that no shipment can commence before the specified date, and all transboundary movement must be completed by 31 July 2014.
The Act imposes several obligations and requirements on the parties involved, particularly Dodd & Dodd Group Pty Ltd. Firstly, they must comply with the specified conditions of the permit, ensuring that the hazardous waste is transported and disposed of in accordance with the outlined method and timeframe. Additionally, they must ensure that all regulatory requirements are met at each stage of the export process, including the transportation and final disposal of the waste. The permit's conditions are designed to safeguard against environmental harm and ensure the proper management of hazardous waste.
The legislation also outlines potential offences, penalties, or consequences for non-compliance with the provisions of the Act. Breaches of the conditions set out in the permit or failure to adhere to the specified method and timeframe for the export and disposal of hazardous waste may result in civil or criminal penalties. The maximum penalties for such offences are not explicitly stated in the notice, but generally, they can include fines and imprisonment under the Act. It is imperative for Dodd & Dodd Group Pty Ltd to comply fully with the permit conditions to avoid any legal repercussions. Failure to do so could lead to enforcement actions by the Department of the Environment or other relevant authorities.