Notice of Decision to grant a transit permit - Metalman New Zealand Limited (25/7/2014)

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 are managed in a way that minimises risks to human health and the environment. This legislation was introduced to provide a comprehensive regulatory framework that aligns with international conventions such as the Basel Convention, thus protecting Australia from the improper disposal and transboundary movement of hazardous waste. The Act was passed by the Parliament of Australia and its policy objective is to effectively regulate the export and import of hazardous waste, thereby preventing environmental degradation and promoting sustainable waste management practices. This particular gazette notice pertains to the granting of a transit permit under this Act, highlighting the ongoing commitment to stringent oversight and compliance with both national and international standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports, ensuring that such activities are conducted in an environmentally sound manner and with proper oversight. The Act specifically pertains to entities and individuals involved in the export, import, and transit of hazardous waste within Australia and to other countries. It applies to the movement of specified hazardous wastes as listed under the Basel Convention, which includes materials such as used lead acid batteries. The Act's jurisdictional reach extends to the Commonwealth level, with provisions allowing for the granting of transit permits for hazardous waste moving through Australian territory, subject to the conditions set out in the permit. In this particular case, the permit issued under the Act allows Metalman New Zealand Limited to transit used lead acid batteries from New Zealand to a facility in the Republic of Korea, with transit through Brisbane, Australia. The Act does not explicitly state exclusions or thresholds but provides for conditions that must be met by the permit holder. The application and enforcement of the Act may be extended or detailed further through subordinate instruments or regulations.

Key Provisions

The main operative sections of the notice pertain to the grant of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act provides the framework for issuing such permits, and the notice specifies the details of permit number AUH473116E granted to Metalman New Zealand Limited. According to the notice, the hazardous waste in question is used lead acid batteries (Basel Code A1160), with a maximum transit quantity of 4000 tonnes. The transit will occur via sea from New Zealand, passing through Brisbane in Australia, and then by land to a facility in Busan, South Korea, operated by Energy Newworks Limited. The permit is valid for up to 150 shipments, with each shipment not exceeding the stipulated quantity, and the transit must occur within twelve months from the date of the permit, 25 July 2014. The obligations and requirements imposed by the Act on the parties involved include ensuring that the hazardous waste is transported according to the specified route and conditions. Metalman New Zealand Limited must comply with all conditions attached to the permit, including the method of transport and the destination facility where the recovery operation will take place. The recovery operation, R4 – Recycling and reclamation of metals and metal compounds, must be carried out at the designated facility in Busan. Furthermore, all shipments must adhere to the maximum quantity limit and the timeframe stipulated in the permit, and any changes to the plan must be reported to the Department of the Environment. Breaching the conditions of the permit or failing to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to various consequences. Offences under the Act may result in civil or criminal penalties, with the specifics of penalties not explicitly detailed in the notice but generally subject to the relevant provisions of the Act. The Department of the Environment has the authority to take action against any non-compliance, which could include the revocation of the permit, fines, and legal proceedings. Given the hazardous nature of the waste being transported, strict adherence to the permit conditions is crucial to avoid severe repercussions.