Notice of Decision to grant an Import Permit (AUH121823R) to Sims Group Australia Holdings Limited

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to regulate the export and import of hazardous waste, aiming to protect the environment and public health from potential risks associated with such waste. The Act addresses the problem of hazardous waste movement across international borders, ensuring that such movements are controlled and managed to prevent illegal trafficking and environmental harm. In the context of the gazetted decision, the Act facilitates the import of used lead acid batteries under a specific permit, subject to stringent conditions aimed at mitigating environmental risks. The policy objective of the Act is to safeguard Australia’s environmental integrity and public health by imposing rigorous controls on the transboundary movement of hazardous waste, ensuring that such movements are environmentally sound and do not pose a risk to human health or the environment.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste in Australia, regulating the activities of persons and entities involved in the transboundary movement of such waste. This Act applies to specific entities, such as Sims Group Australia Holdings Limited in this case, which are granted permits to manage hazardous waste imports. The permit issued under the Act allows for the importation of a maximum of 1000 tonnes of used lead acid batteries from Noumea, New Caledonia to Australia, with the waste being transported by road and sea, and finally delivered to the Hydromet facility in Unanderra, New South Wales for recycling operations. The jurisdictional reach of the Act is national, extending across state and territory borders, with the federal government overseeing the regulation of hazardous waste movements. The Act does not specify exclusions or exemptions but rather operates through a permit system that includes conditions to ensure compliance with hazardous waste management protocols. Subordinate instruments may further detail specific requirements or conditions for such permits.

Key Provisions

The key operative sections of the legislation (Hazardous Waste (Regulation of Exports and Imports) Act 1989) include section 33, which allows the Minister to grant an import permit for hazardous waste, and section 34, which specifies the conditions that can be attached to such permits. Section 33(1) states that the Minister may grant a permit for the import of hazardous waste if satisfied that the waste will be managed in a manner that will protect human health and the environment. Section 34(1) states that a permit may be subject to such conditions as the Minister thinks fit, and section 34(2) requires the permit to specify the conditions to which it is subject. The obligations imposed on the parties by this Act include ensuring that the hazardous waste is transported and managed in a way that protects human health and the environment. The permit holder, Sims Group Australia Holdings Limited, is required to adhere to the specified conditions of the permit, including the method of transport, storage, and disposal of the hazardous waste. The permit holder must also ensure that the waste is managed in accordance with the conditions outlined in the permit. Additionally, the permit holder must notify the Department of Sustainability, Environment, Water, Population and Communities of any changes to the waste management plan or any other relevant information. Failure to comply with the conditions of the permit or the provisions of the Act may result in civil or criminal penalties. Under section 105 of the Act, a person who contravenes a condition of a permit is liable to a penalty of up to $22,200 per day for a continuing offence, or up to $1,110,000 for a single offence. Additionally, under section 108 of the Act, a person who is found guilty of an offence against the Act is liable to a fine of up to $1,110,000 for an individual and up to $5,550,000 for a body corporate, as well as imprisonment for up to five years. In addition to these penalties, the permit may be revoked, and the person or entity may be subject to other civil or criminal consequences.