Notice of Decision to grant an Export Permit (AUH144726U) to Halliburton Australia Pty Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the need for stringent regulation of hazardous waste exports and imports. This legislation was introduced to mitigate environmental risks associated with the improper disposal and movement of hazardous substances across international borders. The Act establishes a framework to ensure that hazardous waste is managed in a manner that protects human health and the environment. The policy objective is to prevent the transboundary movement of hazardous wastes that may cause harm and to facilitate environmentally sound management of such wastes. The Act empowers the Minister for the Environment to grant export permits under specific conditions, as exemplified by the permit granted to Halliburton Australia Pty Ltd in 2015 for the export of waste lithium metal batteries, highlighting the Act’s role in controlling and monitoring hazardous waste movements to safeguard environmental and public health.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity engaged in the export or import of hazardous waste, particularly focusing on the management and control of transboundary movements to prevent environmental harm. The Act covers the entire Commonwealth of Australia and applies to any waste exported or imported, irrespective of the waste type, quantity, or the entities involved. The legislation allows for the granting of permits for such activities, subject to certain conditions to ensure safe and environmentally sound management. The application and issuance of permits are governed by specific statutory provisions, and the Act also provides for administrative and judicial review mechanisms for those affected by permit decisions. Notably, the Act does not detail specific exclusions or exemptions, but rather relies on the permit conditions to tailor the application to specific circumstances. The scope of the Act can be extended through subordinate legislation or regulations, which may introduce additional requirements or address specific types of hazardous waste.

Key Provisions

The notice of decision under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) grants an export permit number AUH144726U to Halliburton Australia Pty Ltd. The permit allows for the export of a maximum of 2,000 kilograms of hazardous waste, specifically waste lithium metal batteries in equipment, from Australia to a Toxco Waste Management Ltd facility in Canada. The export must occur via sea transport from Port Botany, with transit through ports in New Zealand and the United States of America, and then by land transport from the USA to the Toxco facility in Trail, British Columbia. The export must adhere to the United Nations Committee of Experts on the Transport of Dangerous Goods' recommendations and all movements must be completed by 31 December 2015. Entities governed by this legislation must ensure that the hazardous waste is properly packed and transported according to the prescribed regulations. They must also complete all transboundary movements by the expiry date of the permit. The export permit includes specific conditions that must be met, including the method of transport, the destination facility, and the disposal method, which in this case is recovery operation R4 - Recycling/reclamation of metals and metal compounds. Failure to comply with these conditions may result in the permit being revoked or other legal consequences. For those affected by the decision, the Administrative Appeals Tribunal Act 1975 provides recourse. Individuals or entities whose interests are affected by the decision can apply for reasons for the decision in writing to the Department of the Environment within 28 days. Further, an application for independent review of the decision can be made to the Administrative Appeals Tribunal within the same timeframe, either from receipt of the reasons for the decision or directly from the notice if the reasons are not sought. Such applications must be made to the Deputy Registrar, Administrative Appeals Tribunal, and should be accompanied by the relevant fee. Enquiries can be directed to the Director of the Hazardous Waste Section at the Department of the Environment.