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 March 2014 a permit was refused to Supercharge Batteries Pty Ltd of 1B Chicago Avenue, Blacktown, NSW 2148.
The permit proposal related to the export of up to 12 600 tonnes of used lead acid batteries (ULABs) (Basel Code A1160) to the facility operated in the Philippines by Evergreen Environmental Resources Inc. The ULABs were destined to undergo recovery operations R4 and R5 – Recycling/reclamation of metals, metal compounds and other inorganic materials.
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 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 by the Parliament of Australia to address the problem of the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner. The Act was introduced to fill the gap in existing legislation by providing a regulatory framework to control the export and import of hazardous waste, thus aligning with international standards set by the Basel Convention. The primary policy objective of the Act is to prevent the transfer of hazardous waste from countries with stringent environmental regulations to countries with less stringent regulations, thereby protecting human health and the environment. The Act empowers the Minister for the Environment to grant or refuse permits for the export or import of hazardous waste, ensuring that such activities are subject to rigorous scrutiny and compliance with environmental standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, with the aim of preventing the transboundary movement of hazardous waste that could harm human health or the environment. The Act applies to entities and individuals involved in the export and import of hazardous waste, ensuring that these activities are conducted in a manner that safeguards environmental and public health. The Act's jurisdiction extends to the entire Commonwealth of Australia, establishing a national regulatory framework for the management of hazardous waste movements. While the Act sets out the general requirements for the regulation of hazardous waste exports and imports, specific details and operational guidelines may be elaborated through subordinate instruments, such as regulations or guidelines, issued under the authority of the Act. This allows for the refinement and adaptation of the regulatory approach to meet changing circumstances and technological advancements. Notably, the Act does not specify exclusions, exemptions, or thresholds within the gazetted notice, but these may be defined in other parts of the legislation or related regulations.
Key Provisions
The main operative sections of the legislation reference the refusal of a permit under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This notice indicates that a permit application by Supercharge Batteries Pty Ltd, located at 1B Chicago Avenue, Blacktown, NSW, for the export of up to 12,600 tonnes of used lead acid batteries (ULABs) to the Philippines was refused on 5 March 2014. These ULABs were intended for recycling operations R4 and R5, which involve the recovery of metals and other inorganic materials. The decision was made by Andrew McNee, the Assistant Secretary of the Environment Protection Branch, Department of the Environment.
The Act imposes several obligations on entities seeking to export hazardous waste. These obligations include providing detailed information about the waste, the intended recovery operations, and the destination facility. The entities must also ensure that the waste will be managed in a way that is environmentally sound and complies with the regulations of both the exporting and importing countries. The Act mandates that the Department of the Environment carefully assess the permit application, taking into account the potential environmental impacts of the proposed export.
Failure to comply with the requirements of the Act can lead to various consequences. For instance, exporting hazardous waste without a valid permit is an offence under Section 41 of the Act, which may result in substantial penalties. The maximum penalty for an individual is AUD 525,000 or imprisonment for up to five years, or both. For corporations, the maximum penalty can be significantly higher, up to AUD 2.6 million. Additionally, the Act provides for civil penalties for breaches, which can be enforced by the Federal Court of Australia. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the regulatory framework established by the Act.