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 permits AUS15-024 and AUS15-025 were 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).
The particulars of the permits are as follows:
a) the hazardous wastes to be exported in relation to permits AUS15-024 and AUS15-025 are waste lithium metal batteries (Basel Code A1170) and waste lithium metal batteries in equipment (Basel Code A1180), respectively;
b) the quantities of the waste to be exported are a maximum of 20 tonnes waste lithium metal batteries and 2 tonnes of waste lithium metal batteries in equipment;
c) the waste lithium metal batteries and waste lithium metal batteries in equipment will be packaged in accordance with the relevant Dangerous Goods guidelines. The waste will be packed individually in either the 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 the requirements for safe handling;
d) the waste is to be shipped by sea from Port Botany and will transit through New Zealand and the United States of America, from where it will travel by land to the recovery facility of Toxco Waste Management Ltd facility located at 9384 Highway 22A, Trail, British Columbia V1R 4W6 in Canada;
e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds;
f) no shipments are authorised under these permits before the date below or after 30 April 2016.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
31 July 2015
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 need for stringent regulation of hazardous waste exports and imports in Australia. The Act was introduced to ensure that such waste is managed in a manner that protects human health and the environment, both domestically and internationally. The Parliament of Australia enacted this legislation to provide a regulatory framework that aligns with international agreements such as the Basel Convention. The policy objective of the Act is to control the transboundary movement of hazardous wastes to prevent illegal traffic and ensure that hazardous wastes are managed in an environmentally sound manner. This notice of decision to grant export permits under the Act highlights the regulatory process and the specific conditions attached to the permits, ensuring compliance with both domestic and international standards for hazardous waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous wastes within Australia. This Act governs the management and regulation of hazardous waste to protect human health and the environment from potential harm. It applies to any person or entity that is involved in the export or import of hazardous waste, including businesses, corporations, and individuals who are either originating or receiving the waste. The Act's jurisdictional reach is national, applying across all states and territories of Australia, ensuring consistent regulation of hazardous waste movements. Permits are required for the export of hazardous wastes, and these are subject to specific conditions that ensure safe handling, packaging, and disposal of the waste. In the instance of the permits AUS15-024 and AUS15-025, the Act facilitates the export of waste lithium metal batteries to a recovery facility in Canada, subject to stringent packaging and shipment conditions. The Act does not specify exclusions or exemptions within this gazette, but typically, it may exclude certain categories of waste or operations under specific conditions or thresholds set by the regulations. The application and scope of the Act may be extended or restricted through subordinate instruments such as regulations or guidelines issued by the relevant authorities.
Key Provisions
The primary sections of the Gazette notification under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, particularly section 33, provide for the issuance of export permits for hazardous waste. In this case, permits AUS15-024 and AUS15-025 were granted to Schlumberger Australia Pty Ltd (paragraph 1). These permits allow for the export of up to 20 tonnes of waste lithium metal batteries and 2 tonnes of waste lithium metal batteries in equipment, with specific packaging and handling requirements outlined in paragraph 2. The waste is to be shipped by sea from Port Botany, transiting through New Zealand and the United States before reaching a recovery facility in Canada. Paragraph 3 specifies that the waste will be disposed of through a recovery operation involving the recycling or reclamation of metals and metal compounds.
The obligations imposed by the Act on the permit holders, Schlumberger Australia Pty Ltd, include ensuring that the waste is packaged and labelled in accordance with relevant guidelines to prevent short circuits and other hazards. The company must also adhere to the specified shipping route and ensure that no shipments occur before the permitted start date or after 30 April 2016. Furthermore, the permits are subject to conditions, which must be met to maintain compliance with the Act.
The Gazette notification includes provisions for review and appeal under the Administrative Appeals Tribunal Act 1975. Affected persons have the right to request reasons for the decision from the Department of the Environment within 28 days of the notice (paragraph 4). An independent review can be sought by applying to the Administrative Appeals Tribunal, with the application fee, within 28 days of receiving the reasons or, if not requested, within 28 days of the notice itself (paragraph 5). Breaches of the conditions outlined in the permits may result in civil or criminal penalties, although specific penalties are not detailed in the notice. However, general provisions of the Act may impose fines or other penalties for non-compliance.