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 a special export permit was refused on 22 December 2015 to Beverich Holdings International Pty Ltd trading as Reverse E-waste, 1024-1028 Canley Vale Road, Wetherill Park, NSW 2164 (ACN 132 013 097) to export up to 1 000 tonnes of waste cathode ray tube glass (Basel code: A2010) to a facility operated by Taeyoung Environmental Development Co Ltd in the Republic of Korea for recycling/reclamation of other inorganic materials.
Paul Kesby
Delegate to the Minister
Acting 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 E-mail at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the issue of the improper export and import of hazardous waste, which poses significant environmental and public health risks. This legislation was introduced to ensure that the export and import of hazardous waste are conducted in a manner that safeguards the environment and human health, aligning with international standards such as the Basel Convention. The Act provides mechanisms for the regulation of these activities, including the issuance of export and import permits and the ability to refuse permits when necessary. The policy objective of the Act is to prevent the transboundary movement of hazardous wastes that may cause harm to human health or the environment, thereby promoting responsible waste management practices both domestically and internationally.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste in Australia, and specifically to entities or individuals seeking to export hazardous waste from Australia. The Act provides for the regulation of the export and import of hazardous waste, including the issuance of special export permits, and applies to all hazardous waste as defined by the Basel Convention. The Act extends to the Commonwealth of Australia and has extra-territorial application to Australian citizens and entities, as well as to foreign citizens and entities exporting hazardous waste from Australia. The Act excludes certain wastes from its application, such as radioactive waste and waste that is solely for the purpose of repair or recycling. The Act also includes provisions for subordinate instruments to be made to extend or restrict its application. In this case, the Act was applied to refuse a special export permit to Beverich Holdings International Pty Ltd for the export of up to 1 000 tonnes of waste cathode ray tube glass to the Republic of Korea.
Key Provisions
The key operative sections of the Gazette notice concern the refusal of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). This legislation provides the framework for the regulation of hazardous waste exports and imports in Australia. In this particular case, the permit refusal was issued to Beverich Holdings International Pty Ltd, trading as Reverse E-waste, for the proposed export of up to 1000 tonnes of waste cathode ray tube glass to a facility in the Republic of Korea for recycling purposes.
Under the Act, certain hazardous wastes require a permit for export, and the Minister or their delegate has the authority to refuse such permits if the export does not meet specific criteria. The Act ensures that hazardous wastes are managed in a manner that protects human health and the environment both domestically and internationally. The notice specifies the reasons for the refusal, including any breaches of the Act or its regulations, or any other considerations that led to the decision.
The obligations imposed by the Act on parties such as Beverich Holdings International Pty Ltd include ensuring that any proposed export of hazardous waste complies with the requirements of the Act and any associated regulations. This includes providing accurate and comprehensive information about the waste, the intended recipient, and the recycling or disposal processes. Companies must also adhere to any conditions imposed by the Minister or their delegate to mitigate any potential risks associated with the export of hazardous waste.
Failure to comply with the provisions of the Act can result in significant legal consequences. For example, exporting hazardous waste without a permit, or contravening the conditions of a permit, can lead to criminal charges. Under the Act, the maximum penalty for an individual offender can be substantial, including fines up to AU$330,000 for individuals and AU$1.65 million for bodies corporate, as well as potential imprisonment terms. Additionally, civil penalties may apply, which can further compound the financial and reputational damage to the offending party. These penalties are designed to enforce compliance and deter non-compliance with hazardous waste export regulations.