Notice of Decision to Grant an Export Permit (AUH139138N) to Hydromet Corporation Pty Limited

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a regulatory framework for the export and import of hazardous waste, ensuring that such activities do not adversely affect human health or the environment. This legislation was introduced by the Parliament of Australia to address the problem of uncontrolled and potentially harmful cross-border movements of hazardous waste, aligning with international standards and obligations under the Basel Convention. The policy objective of the Act is to regulate the export and import of hazardous waste in a manner that protects human health and the environment, while also facilitating the environmentally sound management of hazardous waste through international cooperation. The Act empowers the Minister for the Environment to grant export permits for hazardous waste, ensuring that exports are managed in an environmentally responsible manner.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, specifically targeting entities involved in such activities within Australia. The Act regulates the movement of hazardous waste across international borders, ensuring that such transactions are managed in a manner that protects human health and the environment. The permit granted under this Act specifies the types of hazardous waste, the quantity, the method of containment, the destination, and the intended recovery operations, all of which must be adhered to by the permit holder. The jurisdictional reach of the Act is national, extending across Australia, as it governs the export and import of hazardous waste on a Commonwealth level. The Act does not explicitly state exclusions or exemptions but relies on the issuance of permits and compliance with the outlined conditions. The application and enforcement of the Act can be extended through subordinate instruments, which may provide further detail on specific waste categories or operational standards.

Key Provisions

The key provision of the legislation pertains to the grant of an export permit for hazardous waste under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The Act specifies the details of the permit, including the type of hazardous waste being exported, the quantity, the method of containment, the destination, and the disposal method (sections 33(a)-(f)). In this particular case, the permit granted to Hydromet Corporation Pty Limited (AUH139138N) allows for the export of up to 6,000 tonnes of lead waste and scrap from used lead acid batteries, in up to fifty shipments, to be shipped by sea from Sydney to Port Busan in South Korea, and then transported by road to the Minmetals Korea Co Ltd recovery facility for recycling operations. The waste must be contained in bulk bags in shipping containers, and no shipment is authorised before 6 February 2014 or after 31 December 2014. The Act imposes several obligations on the parties it governs, including Hydromet Corporation Pty Limited, which must ensure compliance with the terms of the permit. This involves adhering to the specified quantity and method of containment and transport, as well as the designated destination and disposal method. Hydromet Corporation must also ensure that all shipments occur within the authorised timeframe. The Department of the Environment is responsible for overseeing the compliance with these obligations, including the granting of permits and the provision of reasons for decisions related to permit applications. Failure to comply with the provisions of the Act may result in civil and criminal consequences. While specific offences and penalties are not outlined in the text, breaches of hazardous waste regulations can generally lead to fines and imprisonment under section 45 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The maximum penalties for breaches of environmental laws in Australia can be significant, often reaching up to AUD 1.1 million for corporations and AUD 550,000 for individuals, along with potential imprisonment terms. Additionally, the Administrative Appeals Tribunal Act 1975 provides a mechanism for individuals or entities to seek review of decisions related to permit applications, further ensuring compliance and accountability.