NOTICE OF DECISION TO GRANT A 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 18 August 2014, permit number AUH141866R was granted to
Sims E-Recycling Pty Ltd (ABN 74 114 176 493), 82 Marple Avenue, Villawood NSW 2163 (Telephone +61 2 8708 2013; Facsimile: +61 2 9755 7871).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste lithium ion batteries (Basel Code A1170);
(b) the quantity of the waste to be exported is a maximum of 60 tonnes;
(c) the method of transport by which the waste is to be exported in up to three (3) shipments is:
(i) by sea from Australia, transiting New Zealand, Panama, Jamaica, the United States of America, the United Kingdom, and The Netherlands en route to Belgium;
(ii) by land to the facility operated by Umicore Battery Recycling located at
Adolf Greinerstraat 14, B-2660 Hoboken;
(d) at that facility, the waste is to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds; and
(e) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 30 November 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, listed under the Commonwealth Government Section in the White Pages. Further enquiries 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; E-mail: 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 regulation of the export and import of hazardous waste, ensuring it is managed in a way that protects human health and the environment. This Act was designed to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to control the transboundary movement of hazardous waste to prevent improper disposal and to ensure that such waste is managed in an environmentally sound manner. The Act provides a framework for the licensing and monitoring of the export and import of hazardous waste, ensuring that these activities are conducted in compliance with international standards and national regulations.
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, ensuring that these activities are conducted in a manner that protects human health and the environment. This Act governs the processes and conditions under which hazardous waste can be exported from Australia, as evidenced by the grant of export permit AUH141866R to Sims E-Recycling Pty Ltd. The permit specifies that up to 60 tonnes of waste lithium-ion batteries can be exported via sea and land transport to a facility in Belgium for recycling. The Act's jurisdictional reach is national, and it extends its application through subordinate instruments that detail specific permit conditions and the procedures for the transboundary movement of hazardous waste. Entities seeking to export hazardous waste must comply with the Act and any additional conditions set forth in their export permits.
Key Provisions
The notice, issued under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, details the granting of export permit number AUH141866R to Sims E-Recycling Pty Ltd on 18 August 2014. This permit allows for the export of up to 60 tonnes of waste lithium-ion batteries, classified under Basel Code A1170, via a specified route through various countries en route to a facility in Belgium. The export is to be completed by 30 November 2014, and the waste will undergo recycling/reclamation of metals and metal compounds at the Umicore Battery Recycling facility in Hoboken, Belgium. The permit is subject to certain conditions that are not detailed in the notice.
Entities such as Sims E-Recycling Pty Ltd must comply with the requirements outlined in the permit, including adhering to the specified export route, ensuring the waste is transported in up to three shipments, and completing the transboundary movement of waste by the stipulated date. They must also ensure that the waste undergoes the recovery operation R4 at the designated facility and that all conditions attached to the permit are met. Any failure to comply with these requirements could lead to legal repercussions.
The Act imposes obligations on the parties involved to ensure that the export of hazardous waste is conducted in an environmentally sound manner. This includes compliance with all conditions set out in the permit and adherence to the outlined route and procedures for the export and recovery of the waste. Entities must also keep detailed records of the transboundary movement of the waste, including documentation of each shipment, which may be subject to verification by regulatory authorities.
Breach of the conditions or failure to comply with the requirements set out in the permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, offences can include unauthorised transboundary movement of hazardous waste, failure to comply with permit conditions, and non-compliance with the Act's provisions. Penalties for such breaches can be substantial, including fines up to a maximum of $275,000 for individuals and $1,375,000 for bodies corporate, as well as potential criminal charges and imprisonment. The exact penalties may vary depending on the severity and nature of the breach.