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 13 September 2012 a permit was refused to Dodd & Dodd Group Pty Ltd of 11 Kennedy Street, Maylands, Western Australia 6051 to export up to 4500 tonnes of used lead acid batteries (ULABs) to Kookjea Metallic Co. Ltd, San 10 Ogye-Ri Geumho-Eup Yeongcheon-Si, Gyeongsangbuk-Du in the Republic of Korea for recycling and reclamation of metals and metal compounds.
Dr Barry Reville
Assistant Secretary
Environment Protection Branch
Department of Sustainability, Environment, Water, Population and Communities
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities
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 regulating the export and import of hazardous waste in Australia. This legislation was introduced to ensure that hazardous waste is managed in a manner that protects human health and the environment, both within Australia and internationally. The Act is administered by the Parliament of Australia, aiming to prevent the transboundary movement of hazardous waste that could pose risks to human health and the environment. The policy objective of the Act is to control and manage the export and import of hazardous waste to mitigate potential environmental harm and ensure that waste is disposed of in a manner that minimises environmental impact. The notice of the refusal of a permit under this Act highlights the enforcement of these objectives, as demonstrated in the case of Dodd & Dodd Group Pty Ltd, where the export of used lead acid batteries was refused due to potential environmental and health risks associated with the proposed transboundary movement.
Scope and Application
The notice of refusal of a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to specific entities involved in the proposed export of hazardous waste. In this instance, the decision pertains to Dodd & Dodd Group Pty Ltd, a company based in Maylands, Western Australia, which sought to export used lead acid batteries to Kookjea Metallic Co. Ltd in the Republic of Korea. The Act regulates the export and import of hazardous waste, and the decision is made pursuant to Section 33 of the Act. The scope of the Act encompasses the regulation of hazardous waste transactions, ensuring that such activities are conducted in compliance with environmental protection standards and international obligations. The geographic reach of the Act is national, applying to all hazardous waste exports and imports within Australia. While the Act primarily governs the movement of hazardous waste, there may be exclusions or exemptions specified within subordinate instruments or regulations that further define the scope of application.
Key Provisions
The primary operative section referenced in the notice is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section empowers the Department of Sustainability, Environment, Water, Population and Communities to refuse a permit for the export of hazardous waste, such as used lead acid batteries, if it deems the export not in the public interest or if it poses a risk to human health or the environment. In this specific instance, the department has refused a permit to Dodd & Dodd Group Pty Ltd to export 4500 tonnes of used lead acid batteries to Kookjea Metallic Co. Ltd in the Republic of Korea for recycling and reclamation purposes.
The Act imposes obligations on parties seeking to export hazardous waste by requiring them to obtain a permit from the relevant authority. This includes providing detailed information about the waste, the proposed export, and the intended recycling or disposal methods. The authority then assesses whether the export is likely to harm human health or the environment. Additionally, entities like Dodd & Dodd Group Pty Ltd must ensure that they comply with all conditions and requirements set forth by the Act to avoid potential legal repercussions.
Failure to comply with the Act’s provisions can result in civil or criminal penalties. For example, exporting hazardous waste without a permit can be considered a serious breach and may lead to substantial fines. The exact penalties are not specified in the notice but can be found in the relevant sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. If the breach is deemed to have significant adverse environmental impacts, criminal charges may also be pursued, potentially resulting in imprisonment for the responsible individuals or entities. The notice also clarifies the avenues for appeal, providing a structured process for those whose interests are affected by the decision to seek clarification or request a review by the Administrative Appeals Tribunal.