Notice of Decision to grant Export Permit (AUH227125S) to Schlumberger 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 strict regulation of the export and import of hazardous waste, ensuring that such activities do not pose unnecessary risks to human health or the environment. The Act provides a framework for the control and management of hazardous waste movements across international borders, ensuring compliance with international agreements and standards. The policy objective of the Act is to protect human health and the environment from the harmful effects of hazardous waste, while also facilitating the responsible and efficient movement of hazardous waste where it can be managed in a safe and environmentally sound manner. This legislative framework is essential for maintaining Australia's commitments under international conventions, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste within Australia and its territories, encompassing any person or entity seeking to export hazardous waste. This includes corporations like Schlumberger Australia Pty Ltd, which, as indicated by the notice of decision to grant an export permit, must comply with the regulatory framework established by the Act. The Act applies to specific hazardous waste, such as waste lithium metal batteries, detailing the permissible quantity, packaging, and transport methods. The geographic reach of the Act is national, with the export permit process overseen by the Department of Sustainability, Environment, Water, Population and Communities. The permit granted to Schlumberger Australia Pty Ltd outlines a specific export route and disposal method, ensuring compliance with safety and environmental standards. The Act also allows for review and appeal processes under the Administrative Appeals Tribunal Act 1975, providing avenues for those affected by the decision to seek clarification or contest the permit conditions.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the notification of the grant of an export permit, which was issued to Schlumberger Australia Pty Ltd (permit number AUH227125S) on 1 February 2013. The permit details the export of up to 2000 kilograms of waste lithium metal batteries, contained in metal tube equipment, to be packaged in a manner preventing short circuits and safely labelled. The waste will be transported by road and sea, with six shipments planned to reach Toxco Waste Management Ltd in Canada by 31 January 2014. The waste is intended for recovery operations at the Toxco facility, specifically for the recycling of metals and metal compounds. The Act imposes specific obligations on Schlumberger Australia Pty Ltd, including ensuring that the hazardous waste is packaged according to the stipulated conditions to prevent any risk during transport. The company must also adhere to the method of transport outlined in the permit, which includes transiting through various ports in New Zealand and the United States before reaching the final destination in Canada. Furthermore, the permit stipulates that no shipment can commence before 1 February 2013 or after 31 January 2014. Schlumberger Australia Pty Ltd must also ensure that the waste is disposed of at the Toxco facility through the recovery operations specified. Breaches of the conditions stipulated in the export permit can result in civil or criminal penalties. While the specific penalties are not detailed in the notice, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to substantial fines and potential imprisonment. The Act provides for enforcement actions by the Department of Sustainability, Environment, Water, Population and Communities, which may include legal proceedings to enforce compliance. Additionally, affected parties have the right to request reasons for the decision and may apply for an independent review by the Administrative Appeals Tribunal within 28 days of the notice or receipt of reasons for the decision.