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 Dodd & Dodd Group Pty Ltd (ACN 009 238 671), 521 Dundas Road, Forrestfield, Western Australia, 6058 (Telephone: +61 8 9448 5750) (Facsimile: +61 8 9448 5750) to export up to 7200 tonnes of used lead acid batteries 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.
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 need for strict regulation of the export and import of hazardous waste in Australia. This Act was introduced to ensure that hazardous waste is managed in a way that protects the environment and human health, both domestically and internationally. The policy objective of the Act is to prevent the export of hazardous waste to countries that lack the capacity to manage it safely, thereby protecting the environment and human health. The Act provides a framework for the regulation of hazardous waste exports and imports, including the issuance of export permits and the imposition of conditions to ensure safe handling, transport, and disposal. The enactment of this legislation was driven by the need to prevent the transboundary movement of hazardous waste, which can pose significant environmental and health risks if not managed properly.
Scope and Application
The notice of decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities involved in the export of hazardous waste, specifically in this case Dodd & Dodd Group Pty Ltd. The Act regulates the export and import of hazardous waste to ensure environmental protection and proper management of such materials. The geographic and jurisdictional reach of this Act is national, as it falls under the purview of the Commonwealth government, with the Department of the Environment responsible for overseeing its implementation. Exclusions, exemptions, or thresholds are not explicitly mentioned in the notice, but the permit refusal decision suggests that the application did not meet the necessary criteria for approval. The application process may extend or restrict the application through subordinate instruments, as indicated by the availability of reasons for the decision and the option for an independent review by the Administrative Appeals Tribunal.
Key Provisions
The main provisions of this legislation are found in Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section outlines the process for granting or refusing export permits for hazardous waste. In this instance, the Act was invoked to refuse a permit to Dodd & Dodd Group Pty Ltd to export 7200 tonnes of used lead acid batteries to Kookjea Metallic Co. Ltd in the Republic of Korea. This decision was communicated through a Notice of Decision, which includes details of the parties involved and the reasons for the refusal, though the reasons are not provided in the notice itself.
The Act imposes obligations on entities seeking to export hazardous waste. It requires that an application for an export permit be made, and that the Department of the Environment reviews this application. The review process includes consideration of the potential environmental impact of the waste export, compliance with international agreements, and any relevant domestic legislation. Entities must provide detailed information about the waste, the proposed destination, and the intended use or disposal of the waste at the destination.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a maximum of $66,000 per offence for corporations and $13,200 for individuals. Criminal penalties may also be imposed, including fines of up to $660,000 for corporations and $132,000 for individuals, as well as potential imprisonment terms. These penalties underscore the seriousness with which the Act regards the regulation of hazardous waste exports.
For those affected by the decision to refuse the export permit, there are avenues for review and appeal. Under the Administrative Appeals Tribunal Act 1975, individuals or entities can apply for a review of the decision within 28 days of receiving the Notice of Decision. This review can be sought to understand the reasons for the decision or to challenge it if the applicant believes there has been an error. Further, an independent review can be requested from the Administrative Appeals Tribunal, which requires the payment of a relevant fee. This process ensures that there is a mechanism for challenging decisions made under the Act, providing a safeguard against potential injustices.