NOTICE OF DECISION TO REFUSE 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 5 November 2013 a permit was refused to BAT REC Battery Recyclers of 3/60 Coulson Street, Wacol, Queensland 4076.
The permit proposal related to the export of up to 2500 tonnes of used lead acid batteries to the facility operated by Kookjea Metallic Co Ltd at San 10, Ogye-Ri Geumho-Eup Yeongcheon-Si, Gyeongsangbuk-Du in the Republic of Korea. The waste was to undergo recovery operations
R4 – Recycling/reclamation of metals and metal compounds.
Andrew McNee
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 information or enquiries should be directed to:
Director, NPI & 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 problem of the transboundary movement of hazardous wastes, which can pose significant environmental and health risks if not properly managed. The Act was introduced by the Parliament of Australia and aims to control and regulate the export and import of hazardous waste, ensuring that such activities do not harm human health or the environment. The legislation establishes a permit system to oversee the movement of hazardous waste between countries and requires exporters to obtain a permit before engaging in such activities. The Act reflects Australia's commitment to international agreements on hazardous waste management, including the Basel Convention, which aims to minimise the generation of hazardous waste and to ensure its environmentally sound management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export or import of hazardous waste, specifically focusing on the management and regulation of such activities to prevent environmental harm and ensure compliance with international obligations. The Act applies to all persons and entities within Australia, encompassing both domestic and international movements of hazardous waste. This includes the requirement for permits for the export of hazardous materials, ensuring that such activities are conducted in a manner that protects human health and the environment. Notably, the Act extends its jurisdiction beyond Australian borders, influencing international transactions by requiring compliance with Australian standards for hazardous waste management. The scope of the Act is broad, covering various industries and types of hazardous waste, although it does not explicitly set out exclusions or exemptions beyond what is specified within the legislation or through subordinate instruments. The Act's provisions are enforced nationally, with the federal government playing a pivotal role in regulating these activities to uphold environmental protection standards.
Key Provisions
The primary operative section of the notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, is section 33, which mandates the publication of a notice when a permit has been refused (section 33). This notice was issued on 5 November 2013, indicating that a permit was refused to BAT REC Battery Recyclers, a company based in Wacol, Queensland. The permit in question related to the export of up to 2500 tonnes of used lead acid batteries to a facility operated by Kookjea Metallic Co Ltd in the Republic of Korea. The intended operation at the foreign facility was to perform recovery operations, specifically recycling or reclamation of metals and metal compounds (R4).
The Act imposes various obligations and requirements on entities seeking permits for the export of hazardous waste. These obligations include ensuring that the proposed export complies with all applicable regulations and standards, providing detailed information about the nature of the waste, the intended recovery operations, and the destination facility. Additionally, the applicant must demonstrate that the export will not harm the environment, public health, or animal or plant life within the importing country. The refusal notice indicates that BAT REC Battery Recyclers did not meet these requirements, leading to the denial of their permit application.
The notice also outlines potential consequences for breaches of the Act. While specific offences and penalties are not detailed in this notice, the Act generally provides for both civil and criminal penalties. For example, unauthorised export of hazardous waste can result in substantial fines and, in severe cases, imprisonment. The maximum penalties for breaches can vary depending on the nature and extent of the offence. The Act empowers authorised officers to enforce compliance and take necessary actions to prevent unlawful exports, including issuing fines, seizing goods, and prosecuting offenders.