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 permit number AUH144977S was granted to MRI (Aust) Pty Ltd (ACN 007 391 335), 20-24 Dennis Street, Campbellfield, Victoria, 3061 (Telephone: +61 3 9303 1824) (Facsimile: +61 3 9305 4491).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is waste batteries (Basel Code A1170), comprising alkaline and manganese batteries;
b) the quantity of the waste to be exported is a maximum of 500 tonnes;
c) the alkaline and manganese batteries will be packaged in accordance with the relevant International Maritime Dangerous Goods guidelines. The batteries will be packed in Dangerous Goods grade sealed drums, which are lined with polyethylene;
d) the waste is to be shipped by sea from Sydney or Melbourne to Port Busan in the Republic of Korea, from where it will travel by land to the recovery facility of ER Co Ltd at 42, Anha-ro 116beon-gil, Hanrim-myeon, Gyeongsangnam-do;
e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds
f) no shipment is authorised under this permit before the date below or after 1 September 2015.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Delegate to the Minister
Acting 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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the issue of the improper exportation of hazardous waste, which poses significant risks to both the environment and public health. This legislation was introduced to fill a critical gap in the regulation of the export of hazardous waste, ensuring that such waste is managed in a manner that minimises potential harm. The policy objective, as stated within the text, is to provide a framework for the control and oversight of the export and import of hazardous waste, ensuring that these activities are conducted in an environmentally sound manner. The Act aims to prevent the transboundary movement of hazardous wastes that could result in detrimental effects on human health and the environment.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export or import of hazardous waste, providing a regulatory framework designed to control and monitor these activities. This Act specifically applies to the export of hazardous waste, such as waste batteries in this case, and sets out the conditions under which such activities can be carried out. The legislation applies nationally across Australia, with the federal government having jurisdiction over hazardous waste exports and imports to ensure compliance with international agreements like the Basel Convention. The permit granted under this Act to MRI (Aust) Pty Ltd is an example of the practical application of the legislation, allowing the company to export a specified quantity of waste batteries under certain conditions. The permit is subject to strict packaging and transportation guidelines, and the waste must be disposed of by a specified recovery operation. Any person or entity whose interests are affected by the permit may seek review of the decision, highlighting the Act's provision for oversight and accountability.
Key Provisions
The notice of decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that permit number AUH144977S was issued to MRI (Aust) Pty Ltd. The permit allows for the export of up to 500 tonnes of waste batteries, specifically alkaline and manganese batteries, as classified under Basel Code A1170. The waste must be packaged in accordance with International Maritime Dangerous Goods guidelines, using sealed drums lined with polyethylene. The shipment is to be transported by sea from either Sydney or Melbourne to Port Busan in the Republic of Korea, and then by land to the recovery facility of ER Co Ltd in Gyeongsangnam-do. The waste will be disposed of through a recovery operation, specifically recycling or reclaiming metals and metal compounds, as designated by recovery operation R4. This permit is effective from 1 September 2015 and is subject to specific conditions outlined in the permit.
The obligations imposed by the Act on the permit holder include strict adherence to the packaging and transportation guidelines specified in the permit. MRI (Aust) Pty Ltd must ensure that the hazardous waste is securely packaged in accordance with the International Maritime Dangerous Goods guidelines, using the specified type of drums lined with polyethylene. Furthermore, the shipment must follow the designated route and must only be undertaken from 1 September 2015 onwards. Any deviation from these conditions would constitute a breach of the permit requirements.
Failure to comply with the conditions of the permit or the obligations under the Act may result in serious consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of permit conditions can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment and fines, depending on the severity of the breach. The maximum penalties are prescribed by the Act, with specific details available in the relevant sections of the legislation. Additionally, the Act allows for enforcement actions by the Department of the Environment, including the revocation of the permit and legal proceedings against the offending party.