Notice of decision to grant a Special Export Permit (AUH16-042) to The Trustees of the PC & SE Family Trust T/A PF Metals Pty Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste, ensuring that such activities do not pose a threat to human health and the environment. This Act provides a legislative framework to regulate the transboundary movement of hazardous waste, thereby aligning Australia’s practices with international standards such as the Basel Convention. The objective of the Act is to protect public health and the environment from the potential risks associated with hazardous waste movements. The legislation is administered by the Parliament of Australia, with specific responsibilities falling to the Department of the Environment and Energy. The policy objective is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment both within Australia and internationally.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to individuals and entities involved in the export and import of hazardous wastes within Australia and internationally. The Act regulates the movement of hazardous wastes to ensure they are managed in an environmentally sound manner, and includes provisions for the issuance of export and import permits. The permit granted under this Act to The Trustees of the PC & SE Family Trust T/A PF Metals Pty Ltd, specifies the type of hazardous waste (powders from waste crushed lithium batteries), the quantity, containment and transportation methods, destination, intended recovery operation, financial guarantees, and the period during which the waste can be exported. The Act applies across the Commonwealth of Australia, and the permit's conditions and restrictions must be adhered to. There are no stated exclusions or exemptions in this specific permit, although the Act itself may contain provisions for such matters. The scope and application of the Act can be further defined or restricted through subordinate instruments or regulations.

Key Provisions

The key operative sections of the Gazette notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertain to the granting of a special export permit (section 33) for the export of powders from waste crushed lithium batteries (Basel Code A1180) from Australia to South Korea. This permit, AUH16-042, was granted to The Trustees of the PC & SE Family Trust T/A PF Metals Pty Ltd, and it specifies several conditions that must be adhered to during the export process (section 33(1)). The permit allows for the export of up to 200 tonnes of waste, which must be contained in bulk bags on pallets and secured by shrink-wrap (section 33(2)). It also dictates the transportation route from Campbellfield, Victoria, to the port of Melbourne, then by sea to Busan, South Korea, and finally by road to the Sungeel Hitech facility (section 33(3)). The waste is only permitted to be exported during the permit period and must undergo a recovery operation (R4) at the Sungeel Hitech facility (section 33(4) and (5)). Additionally, a financial guarantee of at least AUD $20,000 must be in place from the issuance of the permit until six months after its expiry (section 33(6)). The permit is effective from the date of issuance and expires on 30 November 2017, with all transboundary movements required to be completed by this date (section 33(7)). The obligations imposed on the parties governed by this Act include strict compliance with the conditions outlined in the permit. The permit holder, The Trustees of the PC & SE Family Trust T/A PF Metals Pty Ltd, must ensure that the waste is contained and transported in accordance with the specified methods, adhere to the outlined route, and complete all movements within the permit period. Furthermore, the permit holder must maintain the required financial guarantee to cover any potential environmental liabilities arising from the transboundary movement of the waste. Additionally, the permit holder must ensure that the recovery operation at the Sungeel Hitech facility is conducted as specified, in this case, R4 – Recycling/reclamation of metals and metal compounds. Failure to comply with the conditions of the permit or the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in serious consequences. Offences under the Act may lead to both civil and criminal penalties. Civil penalties can include fines up to a maximum of AUD $66,000 for individuals and AUD $330,000 for corporations, as stipulated under section 56 of the Act. Additionally, criminal penalties may apply, including fines of up to AUD $5.5 million and/or imprisonment for up to 10 years for individuals, and up to AUD $27.5 million and/or imprisonment for up to 20 years for corporations, as outlined under section 57 of the Act. These penalties underscore the importance of strict adherence to the permit conditions and the Act’s requirements to avoid legal repercussions.