Notice of Decision to grant an Export Permit (AUH239125N) to Schlumberger Australia Pty Ltd

Administered by Department of the Environment and Energy

Legislation au C2013G00248 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 1 February 2013, permit number AUH239125N was granted to Schlumberger Australia Pty Ltd   (ABN 74 002 459 225), Level 5, 256 St. Georges Terrace, Perth, Western Australia 6000 (Telephone +61 8 9420 4643; Facsimile: +61 8 9420 4752).

The particulars of the permit are as follows:

(a)  the hazardous waste to be exported is waste lithium metal batteries, not contained in equipment;

(b)  the quantity of the waste to be exported is a maximum of 15 000 kilograms;

(c)  the waste batteries will be packaged individually in original, or similar, packaging to prevent short circuit. The individually packaged batteries will then be packed into suitable fibreboard drums which are appropriately labelled to indicate their contents and requirements for safe handling. The drums are then placed: on pallets, which are then shrink wrapped, strapped or banded; or into wooden crates which are then sealed by either nails, screws or metal bands and labelled to indicate the contents and the requirements for safe handling. The pallets or wooden crates are then packed into suitable sea containers and lashed to the floor, ceiling and walls of the sea container to prevent movement during transport;

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

(i) by road and ship to Port Botany in Australia;

(ii) by ship from Port Botany, to transit the ports of Auckland, Napier, Port Chalmers and Tauranga in New Zealand; and Honolulu, Long Beach, Los Angeles, Oakland, and Seattle in the United States of America (USA);

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

(e)  no shipment is authorised under this permit before the date above or after 31 January 2014; and

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

The permit includes and is subject to conditions.

 

 

           Chris Videroni

Delegate to the Minister

Acting Assistant Secretary

Environment Protection Branch

Department of Sustainability, Environment, Water, Population and Communities

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 Sustainability, Environment, Water, Population and Communities 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 information or enquiries should be directed to:

Director, NPI & Hazardous Waste Section

Department of Sustainability, Environment, Water, Population and Communities

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 growing concern over the improper disposal and management of hazardous waste, which posed significant risks to both human health and the environment. The Act establishes a regulatory framework to control the export and import of hazardous waste, ensuring that these materials are managed in a manner that minimises potential harm. The policy objective of the Act is to protect Australia's environment and public health from the risks associated with the transboundary movement of hazardous waste. This is achieved through stringent controls on the export and import of hazardous waste, including the requirement for export permits and adherence to strict packaging, labelling, and transportation standards. The Act also facilitates international cooperation in managing hazardous waste by aligning with international conventions and agreements.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export of hazardous waste within Australia and to foreign entities exporting hazardous waste into Australia. This federal legislation imposes strict regulations on the export and import of hazardous waste, ensuring that such activities are conducted in a manner that minimises environmental and human health risks. The Act applies to the specified hazardous waste—waste lithium metal batteries in this instance—that is to be exported by Schlumberger Australia Pty Ltd. The geographic reach of the Act is national, with the specific permit in question authorising the export of waste lithium metal batteries under defined conditions to a facility in Canada. The permit includes specific conditions concerning the packaging, transport, and disposal of the hazardous waste, and it sets a maximum limit of 15,000 kilograms for the waste to be exported. The permit is valid only for shipments occurring between 1 February 2013, and 31 January 2014, and is restricted to the specified method of transport and disposal outlined in the permit particulars. Any broader application or amendments to the permit conditions are subject to subordinate instruments, which may extend or restrict the permit's application based on further assessment or changes in regulatory requirements.

Key Provisions

The main operative sections of the notice pertain to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act requires the publication of a notice when a permit is granted. This notice specifies the details of the permit, including the type and quantity of hazardous waste to be exported, the packaging and transportation methods, and the disposal location (sections 33(a)-(f)). The notice details that permit number AUH239125N was granted to Schlumberger Australia Pty Ltd for the export of up to 15,000 kilograms of waste lithium metal batteries. The batteries must be individually packaged and labelled, then placed in fibreboard drums or wooden crates, secured in sea containers for transport. The shipment will transit through several ports in New Zealand and the United States before reaching its final destination at Toxco Waste Management Ltd in Canada. The obligations imposed by the Act and the permit on the parties involved are comprehensive. Schlumberger Australia Pty Ltd must ensure that the hazardous waste is packaged and labelled according to the specified requirements to prevent any risk of short circuit or other hazards during transport. The company is also obligated to transport the waste via the prescribed route and within the stipulated timeframe, which is from 1 February 2013 until 31 January 2014. The waste must be disposed of at the Toxco facility by specified recovery operations, in this case, recycling/reclamation of metals and metal compounds (section 33(f)). Any deviation from these conditions would constitute a breach of the permit terms. Breaches of the permit conditions or the Act itself can lead to severe consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, failure to comply with the conditions of an export permit may result in penalties. The maximum penalties for contravening the Act are substantial, with fines up to $220,000 for individuals and up to $1,100,000 for corporations, as well as potential imprisonment terms. Furthermore, any person whose interests are affected by the permit decision can apply for reasons or seek an independent review within 28 days of the notice. Should the permit conditions be breached, legal action could be initiated against Schlumberger Australia Pty Ltd, resulting in financial penalties and potential legal repercussions.

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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.