NOTICE OF DECISION 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 24 March 2014 export permit number AUH 139883U was granted to TES-AMM Australia Pty Ltd (TES-AMM) (ABN 20 118 833 346), 1 Marple Avenue, Villawood, NSW 2163
(Telephone + 61 2 8188 0088; Facsimile: + 61 2 9755 7717).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste dry cell alkaline and zinc carbon batteries;
(b) the quantity of the waste to be exported is a maximum of 120 tonnes in six (6) shipments;
(c) the method of transport by which the waste is to be exported is:
(i) by sea from Sydney, Melbourne, Brisbane and Fremantle to the port of Barcelona in Spain and transiting ports in Singapore, Malaysia, India, Sri Lanka, Egypt and Malta;
(ii) by land from the port of Barcelona to the recycling facility;
(d) the waste is to be disposed of at Recupyl Espana, Avenida de Lyon, 10 P Industrial Rodano, Azuqueca de Henares, 19200 Guadalajara, Spain by recovery operation R4 – Recycling and reclamation of metals and metal compounds; and
(e) no shipment is authorised under this permit before the date above and all transboundary movement of the waste is to be completed by 1 March 2015.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
Department of the Environment
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 hazardous waste being exported from Australia without proper regulation, which posed risks to human health and the environment both domestically and internationally. This legislation was introduced by the Commonwealth Parliament to provide a regulatory framework for the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The policy objective of the Act is to control the transboundary movement of hazardous waste to ensure it is managed in an environmentally sound manner, in accordance with international agreements and conventions. The Act facilitates the export and import of hazardous waste under strict conditions and permits, ensuring that waste is managed responsibly and that any potential harm to human health and the environment is minimised.
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, including waste dry cell alkaline and zinc carbon batteries. This Act governs the processes and conditions under which such hazardous waste can be exported, ensuring that it is done in an environmentally responsible manner and in compliance with international agreements. The Act extends to the Commonwealth jurisdiction, covering the entire nation and its territories, ensuring a uniform regulatory approach to hazardous waste management across Australia. Specific exclusions and exemptions from the Act are not detailed in this notice, but generally, the Act allows for exclusions based on particular types of waste or under specific circumstances as determined by the relevant authorities. The Act also provides for subordinate instruments that may further detail or extend its application, such as regulations that define what constitutes hazardous waste or set out specific conditions for export permits. In this instance, the Act facilitates the export of up to 120 tonnes of hazardous waste by TES-AMM Australia Pty Ltd, subject to the conditions of the granted permit.
Key Provisions
The primary operative sections of this notice (sections 33 and 34 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989) establish the framework for issuing export permits for hazardous waste. Section 33 allows for the issuance of such permits, while section 34 specifies the details that must be included in the permit, such as the type of hazardous waste, quantity, transport method, destination, and conditions attached to the permit. In this case, the export permit (AUH 139883U) has been granted to TES-AMM Australia Pty Ltd for the export of up to 120 tonnes of waste dry cell alkaline and zinc carbon batteries, to be transported by sea and then by land to a recycling facility in Spain. The permit is subject to specific conditions that must be adhered to by the permit holder.
The Act imposes several obligations and requirements on the parties involved. The permit holder, TES-AMM Australia Pty Ltd, must ensure compliance with all conditions outlined in the permit. This includes adhering to the specified transport methods and timelines, ensuring the hazardous waste is disposed of in accordance with the designated recovery operation, and maintaining all necessary documentation throughout the export process. Additionally, the permit holder must notify the Department of the Environment of any changes to the details of the export or if the export is not completed by the stipulated date. The Act also requires that the waste must not be shipped before the permit is issued, and all transboundary movement must be completed by the specified deadline, in this instance, 1 March 2015.
Breach of the conditions of the export permit or non-compliance with the requirements of the Act can result in various civil and criminal consequences. Under section 55 of the Act, any person who contravenes the Act, including the conditions of an export permit, is liable to a civil penalty. The maximum penalty for an individual is 500 penalty units (approximately AUD 55,000 as of 2023), while the maximum penalty for a corporation is 5,000 penalty units (approximately AUD 550,000). Additionally, any person found guilty of a criminal offence under the Act could face imprisonment, with the maximum penalty depending on the severity of the offence. It is crucial for the permit holder to adhere strictly to the conditions and requirements to avoid such penalties and consequences.