NOTICE OF DECISION TO GRANT A SPECIAL 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 on 19 March 2014, permit number AUH375130Y was granted to
Powercell (Australia) Trading Pty Ltd (ABN 65 109 461 896), 230 Halifax Street, Adelaide, SA 5000 (Telephone +61 8 8223 2011; Facsimile: +61 8 8223 2157).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is nickel cadmium, nickel metal hydride and lithium ion batteries (Basel Code A1170);
(b) the quantity of the waste to be exported is a maximum of 100 tonnes;
(c) the waste will be contained in barrels or drums;
(d) the method of transport by which the waste is to be exported in up to six (6) shipments is:
(i) by land to the port of Adelaide in South Australia;
(ii) by sea to Kobe in Japan, transiting no other ports; and
(iii) by land to facilities operated by Nippon Recycle Center Corp at: 6-10-39 Tsukuda, Nishiyodogawa-Ku 555-0001 and 2-9-141 Nakajima, Nishiyodogawa-Ku, 555-0041 in Osaka;
(e) the waste is to be disposed of at these facilities by recovery operation R4 - Recycling and reclamation of metals and metal compounds; and
(f) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 13 February 2015.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
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, E-mail hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls over the export and import of hazardous waste, ensuring that these activities do not harm human health or the environment. The Act was introduced by the Australian Parliament, with a policy objective to align Australia's hazardous waste management practices with international standards and obligations, particularly those under the Basel Convention. This legislative framework allows the Minister for the Environment to regulate the transboundary movement of hazardous waste, thereby preventing improper disposal and promoting environmentally sound management practices. Through the issuance of special export permits, such as the one granted to Powercell (Australia) Trading Pty Ltd for the export of specific battery waste to Japan, the Act ensures that hazardous waste is managed in a manner that protects both Australian and international environmental standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity intending to export hazardous waste from Australia, with the specific focus on the export of designated hazardous materials. The Act governs the entire process of exporting hazardous waste, including the issuance of export permits, and sets out the conditions that must be adhered to during the export and disposal of such materials. This Act has a national reach, applying across all states and territories within Australia, as it is a Commonwealth Act. In the context of the provided gazette notice, the Act facilitated the granting of a special export permit to Powercell (Australia) Trading Pty Ltd for the export of specific types of batteries. The geographic scope of this permit is limited to the exportation of waste from Australia to Japan, with precise locations outlined for the disposal facilities in Osaka. The Act does not specify exclusions or exemptions within the gazette notice, but it does include provisions for appeals and independent reviews as stipulated under the Administrative Appeals Tribunal Act 1975. The Act's application can be extended or restricted through subordinate instruments, which may include regulations or guidelines issued by the relevant authorities.
Key Provisions
The Gazetted notice informs that a special export permit (AUH375130Y) has been granted to Powercell (Australia) Trading Pty Ltd under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit allows for the export of up to 100 tonnes of nickel cadmium, nickel metal hydride and lithium ion batteries (Basel Code A1170) contained in barrels or drums. The waste will be exported in up to six shipments by land to the port of Adelaide, then by sea to Kobe in Japan, with no other ports being transited, and finally by land to facilities operated by Nippon Recycle Center Corp in Osaka. The waste will be disposed of at these facilities by recovery operation R4, which involves recycling and reclamation of metals and metal compounds. The transboundary movement of the waste must be completed by 13 February 2015.
The permit imposes several obligations on the permit holder, including the requirement to adhere to the specified method of transport and disposal, to ensure that the hazardous waste is contained in barrels or drums, and to ensure that no shipment is made before the date specified in the permit. The permit also includes and is subject to conditions, although these are not detailed in the notice. The permit holder is required to provide evidence of compliance with the permit conditions and any applicable laws and regulations.
Failure to comply with the requirements of the permit or any applicable laws and regulations may result in civil or criminal penalties. The maximum penalties for offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 are set out in the Act and may include fines of up to $525,000 for individuals and $2.6 million for bodies corporate, as well as imprisonment for up to five years. In addition, the permit holder may be subject to administrative penalties, such as the suspension or revocation of the permit, or the imposition of additional conditions. It is therefore important that the permit holder complies with all applicable requirements to avoid any potential consequences.