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 a permit was refused to Century TS Pty Ltd, 45/19-25 Shirley Street, Carlingford NSW 2122; Telephone + 64 9 579 2603 to export up to 2000 tonnes of used lead acid batteries to SEGI Recycling Technology Co. Limited, 1-67 Ogyegongdan gil, Geumho eup, Yeongcheon si, Gyeongsangbuk do in the Republic of Korea for recycling and reclamation of metals and metal compounds.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
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 email at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the growing issue of hazardous waste being exported from Australia to countries with less stringent environmental regulations. The Act was introduced to provide a legal framework for the regulation of the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The policy objective of this Act is to control the movement of hazardous waste to prevent improper disposal and the potential for environmental harm both within Australia and abroad. The decision-making authority under this Act is vested in the Minister for the Environment, who is responsible for granting or refusing export permits for hazardous waste. This legislative measure aims to uphold Australia's environmental standards and international obligations concerning the management of hazardous materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, including used lead acid batteries. This legislation applies to any person or entity seeking to export hazardous waste, with the specific case mentioned involving Century TS Pty Ltd, a company based in New South Wales, attempting to export used lead acid batteries to SEGI Recycling Technology Co. Limited in the Republic of Korea. The Act’s jurisdiction extends nationally across Australia, ensuring a consistent regulatory framework for hazardous waste management. The Act’s application is not restricted by geographic boundaries within Australia but is concerned with the cross-border movement of hazardous materials. The Act can be extended or restricted through subordinate instruments, such as regulations or codes of practice, which may specify detailed conditions or classifications of hazardous waste. However, in this specific instance, no such extensions or restrictions were noted. The decision to refuse the export permit is subject to review under the Administrative Appeals Tribunal Act 1975, providing an avenue for affected parties to seek clarification or challenge the decision.
Key Provisions
The main operative sections of the notice pertain to the refusal of an export permit under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This Act regulates the export and import of hazardous waste, and in this instance, it has been applied to refuse Century TS Pty Ltd the ability to export up to 2000 tonnes of used lead acid batteries to SEGI Recycling Technology Co. Limited in the Republic of Korea. This decision was communicated via an official notice, which includes the reason for the refusal and informs the affected parties of their right to request further information and to appeal the decision.
Under the Act, entities such as Century TS Pty Ltd that seek to export hazardous waste must obtain an export permit. The permit process involves a thorough assessment to ensure that the export is conducted in a manner that does not pose a risk to human health or the environment. The obligations of the parties governed by this Act include adherence to the permit requirements, proper documentation of the waste, and ensuring that the destination country has the necessary facilities and regulations to handle the waste safely. Any failure to comply with these obligations can result in the refusal of a permit, as seen in the case of Century TS Pty Ltd.
Breach of the provisions outlined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to various offences and penalties. The Act may impose civil or criminal penalties on individuals or entities that fail to comply with the requirements for exporting hazardous waste. While the specific penalties are not detailed in the notice, the Act provides for significant consequences, including fines and imprisonment. The maximum penalties for contravening the Act can be substantial, reflecting the importance of strict compliance with hazardous waste export regulations to protect public health and the environment.