Notice of decision to grant a Special Export Permit (AUH16-033) to Dodd & Dodd Group Pty Ltd to export waste nickel-cadmium batteries to the Republic of Korea

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01510 In force Gazette

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NOTICE OF DECISION TO GRANT PERMITS 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 special export permit AUH16-033 was granted to Dodd & Dodd Group Unit Trust T/A Dodd & Dodd Group Pty Ltd (ACN 009 238 671), 521 Dundas Road, Forrestfield,  Western Australia  6058 (Telephone: +61 8 9448 5750; Facsimile: +61 8 9448 5750).

The particulars of the permit are as follows:

(i)             the proposed recipient of the waste is KOBAR, Ltd, 296-2 Daech-li, Chilseo-myun, Haman-kun, Kyungnsam-do, Republic of Korea (Telephone: +80 55 232 3500; Facsimile: +80 55 231 6300);

(ii)           the type of waste is waste nickel-cadmium and nickel-metal hydride batteries (Basel Code A1170);

(iii)         the maximum quantity of the waste that may be exported is 150 tonnes;

(iv)         the waste wet cell nickel-cadmium batteries are to be stacked on pallets with each layer to be separated by non-conductive material, then wrapped in plastic, and strapped;

(v)           the waste dry-cell nickel-cadmium and nickel-metal hydride batteries are to be placed in vented steel drums lined with polyethylene, then stacked onto pallets and strapped;

(vi)         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;

(vii)       the waste may only be exported during the permit period;

(viii)      the waste is to be exported from the Port of Fremantle, Western Australia;

(ix)         the waste is to be exported to the Port of Busan, Republic of Korea;

(x)           the transit countries are the Republic of Singapore and Malaysia;

(xi)         the waste is to undergo a recovery operation at the facility of KOBAR, Ltd; and

(xii)       the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.

 

The permit period is from 4 January 2017 until the permit expiry date of 31 December 2017.  All transboundary movements must be completed by the permit expiry date.

 

The permit includes and is subject to conditions.
 

Andrew McNee

Delegate of the Minister

Assistant Secretary

Chemicals and Waste Branch

Department of the Environment

20 November 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 merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.

Further information or enquiries relating to the decision 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 email 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 need for stringent regulation of the export and import of hazardous waste, ensuring it is managed in a manner that safeguards public health and the environment. This legislation fills the gap by establishing a permit system that controls the transboundary movement of hazardous waste, aligning with international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective is to prevent the export of hazardous waste to countries unable to manage it safely, and to ensure that any exported waste undergoes environmentally sound management. The Act empowers the Minister to grant permits subject to conditions, ensuring compliance with both national and international standards for hazardous waste management.

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 within Australia and between Australia and other countries. This Act governs the movement of hazardous waste, ensuring that it is managed in a way that minimises risk to human health and the environment. The Act covers the transportation, treatment, storage, and disposal of hazardous waste and applies to anyone who arranges for the export or import of such waste, including businesses, corporations, and individuals. The Act has a broad jurisdictional reach, applying at the Commonwealth level, and it can also influence state and territory laws pertaining to hazardous waste management. Notably, the Act excludes certain types of waste from its purview, such as radioactive waste, which is regulated under separate legislation. The application of the Act can be extended or restricted through subordinate instruments, which provide further detail on permit conditions, classification of hazardous waste, and the procedures for obtaining permits.

Key Provisions

The primary sections of the notice pertain to the granting of a special export permit (AUH16-033) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This permit was issued to Dodd & Dodd Group Unit Trust T/A Dodd & Dodd Group Pty Ltd, allowing them to export a specific type and quantity of hazardous waste to KOBAR, Ltd in the Republic of Korea. The waste in question consists of nickel-cadmium and nickel-metal hydride batteries, with a maximum export limit of 150 tonnes. The permit outlines detailed conditions for the storage, transportation, and treatment of the waste, including specific methods for stacking and packaging the batteries and the transportation routes to be used. The obligations imposed by the Act on the parties involved are stringent and detailed. Dodd & Dodd Group Unit Trust must ensure that the waste is transported and exported in accordance with the conditions set forth in the permit. This includes adhering to the specified packing and transportation methods, ensuring that the waste is exported only during the permit period, and that it is transported via the designated routes through the Republic of Singapore and Malaysia. KOBAR, Ltd, the recipient of the waste, is also obligated to undertake the recovery operation at their facility, which must be compliant with the permit conditions, specifically involving the recycling/reclamation of metals and metal compounds. Failure to comply with the conditions outlined in the permit may result in legal consequences. The Act does not specify particular offences or penalties within the notice itself, but breaches of the permit conditions could potentially lead to enforcement actions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This could include fines, cancellation of permits, or other administrative actions to ensure compliance. For specific penalties, one would need to refer to the relevant sections of the Act or other subsidiary legislation. The notice also provides avenues for appeal and review for parties who believe their interests have been adversely affected by the decision to grant the permit.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.