Notice of decision to grant permits to Hydromet Corporation Pty Ltd to export waste nickel-cadmium batteries - AUH16-047

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent regulation of the export and import of hazardous waste to protect human health and the environment from potential risks. This legislation was introduced by the Commonwealth Parliament to ensure that hazardous waste is managed in a way that minimises environmental harm and adheres to international conventions such as the Basel Convention. The policy objective of the Act is to control the movement of hazardous waste across borders to safeguard Australia's environment and public health while facilitating legitimate trade in hazardous waste for recycling or recovery purposes under strict conditions. The granting of special export permits, such as AUH16-047 to Hydromet Corporation Pty Ltd for the export of waste nickel-cadmium batteries to Kobar Limited in Korea, exemplifies the Act's application in managing and regulating hazardous waste exports.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, specifically targeting entities and individuals involved in such transactions. This federal legislation is designed to regulate the movement of hazardous waste across Australia's borders, ensuring that exports comply with environmental protection standards and international agreements such as the Basel Convention. The Act applies to companies like Hydromet Corporation Pty Ltd, which must obtain a special export permit before exporting hazardous materials. The permit, in this case, specifies details such as the type of waste, the quantity, the recipient, and the route of transportation, as well as conditions such as the requirement for a financial guarantee to cover potential environmental damages. The permit also stipulates that the waste must only be exported within a specific period and must undergo a specified recovery operation at the recipient's facility. While the Act regulates hazardous waste exports broadly, it does not specify exclusions or thresholds within the permit itself but rather through subordinate instruments and conditions attached to individual permits.

Key Provisions

The notice of decision under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that special export permit AUH16-047 was granted to Hydromet Corporation Pty Ltd, allowing them to export a specific quantity and type of hazardous waste. The waste in question is waste nickel-cadmium batteries, identified by Basel Code A1170, with a maximum export limit of 500 tonnes. The permit specifies that the waste must be contained in drums, bags, or bulk during export and transported by road to the Port of Botany, then shipped by sea to the Port of Busan, Korea, with transit through Yokohama and Osaka, Japan. The waste can only be exported during the permit period and must undergo recovery operations at the Kobar Limited facility in Kyungnam-Do, Korea, specifically operation R4, which involves recycling or reclamation of metals and metal compounds. Furthermore, a financial guarantee of at least AUD $155,000 must be in place before any movement of the waste and remain valid until 14 January 2018. The Act imposes several obligations on the parties involved. Hydromet Corporation Pty Ltd, as the permit holder, must ensure compliance with all conditions of the permit, including the proper containment, transportation, and recovery of the hazardous waste. They must also maintain the required financial guarantee throughout the duration of the permit. Additionally, they must adhere to the specified routes and ports for the export and transit of the waste, as well as ensure that the waste is only exported to the recipient, Kobar Limited, and that the recovery operations are carried out as per the permit conditions. Failure to comply with these obligations can lead to revocation of the permit or other regulatory actions. Under the Act, there are potential civil and criminal consequences for non-compliance with the permit conditions. Specifically, section 57 of the Act allows for penalties for breaches related to the export of hazardous waste. These penalties can include fines of up to AUD $525,000 for individuals and AUD $2,625,000 for corporations, depending on the nature and severity of the breach. Additionally, the permit holder may face criminal charges if their actions are deemed to cause significant harm to human health or the environment. Such breaches can also result in the revocation of the permit and potential legal action to recover any damages caused by the non-compliance.