NOTICE OF DECISION TO GRANT A 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 on 27 May 2015 special export permit AUS15-018 was granted to Hydromet Corporation Pty Limited (ACN 002 802 646), Level 9, Suite 903, 1 Castlereagh Street, Sydney, NSW, 2000 (Telephone: +64 9 914 8594; Facsimile: +64 9 309 9264).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is lead waste and scrap from used lead acid batteries (Basel Code A1020);
(b) the maximum quantity of the waste to be exported is 12 000 tonnes in up to 50 shipments;
(c) the waste is to be contained in bulka bags in sealed shipping containers during export;
(d) the waste is to be shipped by sea from Port Botany, Sydney to the Port of Busan, the Republic of Korea, from where it will travel by road to the recovery facility;
(e) the waste is to be disposed of at the facility of Energy Networks Co Ltd in the Republic of Korea by recovery operation R4–Recycling/reclamation of metals and metal compounds;
(f) a financial guarantee of at least AUD $155 000 is to be in place for the duration of this permit; and
(g) no shipment is authorised under this permit before the date below or after 9 March 2016.
The permit includes and is subject to the conditions.
Bruce Edwards
Delegate to the Minister
Waste Policy 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, as listed 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 email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous wastes, which can pose significant risks to human health and the environment. This Act was introduced by the Parliament of Australia to establish a regulatory framework that ensures hazardous waste is managed in a manner that protects human health and the environment, while also facilitating legitimate trade in hazardous waste. The policy objective behind this legislation is to control and minimise the export and import of hazardous waste, ensuring that such activities are conducted in a responsible and environmentally sound manner. The Act provides the legal basis for the regulation of hazardous waste exports and imports, including the issuance of permits and the imposition of conditions to ensure compliance with environmental protection standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia and abroad. This Act governs the processes, requirements, and conditions for the movement of hazardous waste, including the issuance of permits for such activities. The Act applies nationally, encompassing all states and territories within Australia. It sets out provisions for the regulation of hazardous waste exports and imports to ensure they are managed in an environmentally sound manner, in accordance with international standards such as the Basel Convention. Specific exclusions or thresholds are outlined in the Act, which may include certain types of waste or quantities that are exempt from permit requirements. The application of the Act can be extended or restricted through subordinate instruments, which may include regulations or guidelines issued by the Department of the Environment. These instruments provide further detail on the implementation and enforcement of the Act, ensuring compliance with its provisions by all relevant parties.
Key Provisions
The primary sections of the Notice of Decision to Grant a Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) detail the specific conditions under which Hydromet Corporation Pty Limited has been granted permission to export lead waste and scrap from used lead acid batteries from Australia to the Republic of Korea. This permit, numbered AUS15-018, allows for the export of up to 12,000 tonnes of hazardous waste in up to 50 shipments, which must be contained in sealed shipping containers during transport. The waste is to be shipped by sea from Port Botany, Sydney, to the Port of Busan, Korea, and subsequently transported by road to the recovery facility of Energy Networks Co Ltd. The disposal method at the facility involves a recovery operation, specifically R4 – Recycling/reclamation of metals and metal compounds. Additionally, a financial guarantee of at least AUD $155,000 is mandated for the duration of this permit. The permit is effective from the date of notice until 9 March 2016, and it includes and is subject to the specified conditions.
Entities and individuals governed by this legislation are required to adhere to a number of obligations and requirements. Hydromet Corporation Pty Limited, as the permit holder, must ensure that the hazardous waste is exported in strict compliance with the permit conditions, including the proper packaging and labelling of the waste, the method of transport, and the destination facility. They are also obligated to maintain the stipulated financial guarantee throughout the permit period. The Department of the Environment retains the right to inspect and verify compliance with these conditions and may revoke the permit if any terms are breached. Further, the permit holder must ensure that all waste shipments occur within the specified timeframe and adhere to the outlined conditions.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in serious consequences. The Act stipulates that breaches of the permit conditions can lead to both civil and criminal penalties. Civil penalties can include fines up to a maximum of AUD $1,100,000 for corporations and AUD $220,000 for individuals, as stipulated under section 44 of the Act. In addition to financial penalties, criminal offences may result in imprisonment for up to five years, as outlined in section 43 of the Act. The severity of the penalties reflects the potential environmental and public health risks associated with the improper handling and disposal of hazardous waste. The Department of the Environment is responsible for enforcing these provisions and may take legal action against entities or individuals found to be in breach of the Act.