Notice of Decision to grant an Export Permit (AUH144626T) to Halliburton Australia Pty Ltd

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2015G00634 In force Gazette

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NOTICE OF DECISION TO GRANT AN 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 30 April 2015, permit number AUH144626T was granted to Halliburton Australia Pty Ltd (ACN 009 000 775), Level 10, 12-14 The Esplanade, Perth, Western Australia 6000 (Telephone +61 8 6424 4818).

The particulars of the permit are as follows:

(a)  the hazardous waste to be exported is waste lithium metal batteries;

(b)  the quantity of the waste to be exported is a maximum of 5 000 kilograms;

(c)  at all times involving transfer and transportation, the waste must be packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’;

(d)  the method of transport by which the waste is to be exported in up to six (6) shipments is:

(i) by sea from Port Botany, to transit ports in New Zealand and the United States of America (USA);

(ii) by land from the USA to the Toxco Waste Management Ltd (Toxco) facility located at 9384 Highway 22A, Trail, British Columbia V1R 4W6 in Canada;

(e)  the permit expires on 31 December 2015 and all transboundary movements of the waste lithium metal batteries must be completed by that date; and

(f)  the waste is to be disposed of at the Toxco facility, by recovery operation
R4 - Recycling/reclamation of metals and metal compounds.

The permit includes and is subject to conditions.
 

 

 

 

 

Bruce Edwards

Delegate to the Minister

Assistant Secretary

Waste Policy Branch

 

 

 

 

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,
see under 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, or by E-mail at hwa@environment.gov.au


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,
see under 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, or by E-mail at hwa@environment.gov.au

 

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of uncontrolled and potentially harmful exports and imports of hazardous waste. This Act provides a legislative framework to regulate the transboundary movement of hazardous waste, ensuring that it is managed in a way that protects human health and the environment. The Parliament of Australia enacted this Act with the policy objective of controlling the export and import of hazardous waste in a manner that minimises risks to human health and the environment, both domestically and internationally. On 30 April 2015, the Act was applied in a specific instance by granting an export permit to Halliburton Australia Pty Ltd for the export of waste lithium metal batteries under strict conditions, highlighting the Act's role in regulating hazardous waste movements.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity that intends to export hazardous waste, including waste lithium metal batteries, out of Australia. This Act, which operates on a national level across all states and territories of Australia, is designed to regulate the export of hazardous waste to ensure it is managed in an environmentally sound manner, in accordance with international conventions. The Act imposes obligations on permit applicants to ensure the safe and environmentally sound export of hazardous waste, which is evidenced in the specific conditions attached to the export permit granted to Halliburton Australia Pty Ltd for waste lithium metal batteries. These conditions include adherence to international transport regulations and a defined method of disposal through recovery operations at a specified facility in Canada. The Act allows for its scope to be extended or refined through subordinate instruments, which may include regulations and guidelines detailing specific requirements and procedures for permit applications and waste management practices.

Key Provisions

The main operative sections of the Gazetted Notice of Decision to Grant an Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the “Act”) include section 33, which provides the framework for the notice of the grant of an export permit. This notice specifies the permit details, including the type and quantity of hazardous waste to be exported, the method and route of transportation, and the destination and disposal method. In this particular case, permit number AUH144626T was granted to Halliburton Australia Pty Ltd for the export of waste lithium metal batteries, up to a maximum of 5,000 kilograms, to be transported by sea and land, and disposed of at the Toxco Waste Management Ltd facility in Canada. The permit is subject to specific conditions and expires on 31 December 2015. The obligations and requirements imposed by the Act on the parties governed by it are stringent. The permit holder, in this case, Halliburton Australia Pty Ltd, must ensure that the hazardous waste is packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods’ Recommendations on the Transport of Dangerous Goods. The permit also includes specific conditions that the permit holder must adhere to, such as completing all transboundary movements of the waste by the permit’s expiry date and disposing of the waste at the specified facility through a recovery operation. The Act also provides for offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the Gazetted Notice does not specify the maximum penalties for breaches of the Act. In general, the Act may impose fines, imprisonment, or both for breaches of its provisions. The specific penalties will depend on the nature and severity of the breach, as well as any relevant circumstances. In summary, the Gazetted Notice of Decision to Grant an Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides details of the permit granted to Halliburton Australia Pty Ltd for the export of waste lithium metal batteries. The Act imposes strict obligations and requirements on the permit holder, including adherence to specific conditions and compliance with transportation regulations. Breaches of the Act may result in civil or criminal consequences, including fines and imprisonment, although the specific penalties are not outlined in the Gazetted Notice.

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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.