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 18 September 2015 a permit was refused to 3R Solutions Pty Ltd of 16A Jersey Street, Strathfield, New South Wales, 2135 to export up to 1600 tonnes of used lead acid batteries to SEGI Recycling Technology Co. Ltd, 1-67, Ogyegongdan-gil, Geumho-eup, Yeongcheon-si, Gyeongsangbuk-do, in the Republic of Korea for recycling/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 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 problem of the transboundary movement of hazardous waste, including its disposal, particularly where it may pose a risk to human health or the environment. This legislation was introduced to align Australia's regulatory framework with international conventions and agreements, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, aiming to control and reduce the movement of hazardous waste between nations, particularly from developed to less developed countries. The policy objective of the Act is to ensure that the export and import of hazardous waste are conducted in a manner that protects human health and the environment, both domestically and internationally. The Delegate to the Minister, through the Assistant Secretary of the Chemicals and Waste Branch, exercises the authority to refuse permits for such activities, as evidenced by the decision to deny a permit to 3R Solutions Pty Ltd for the export of used lead acid batteries to South Korea.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste, including used lead acid batteries, from and to Australia. The Act aims to regulate and control the movement of hazardous waste to ensure it is managed in an environmentally sound manner and does not pose a risk to human health or the environment. The Act applies nationally across Australia, covering all states and territories. However, the Act does not apply to the export or import of hazardous waste for purposes other than recycling or reclamation. The Act extends its application through subordinate instruments such as permits, which must be obtained before any export or import of hazardous waste can occur. In this particular case, the permit application by 3R Solutions Pty Ltd to export used lead acid batteries to SEGI Recycling Technology Co. Ltd was refused due to potential environmental or health risks associated with the waste.
Key Provisions
The main operative section of the notice, section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, provides the authority to refuse a permit for the export of hazardous waste. In this specific case, the notice indicates that on 18 September 2015, a permit application by 3R Solutions Pty Ltd was refused. This refusal pertained to the export of up to 1600 tonnes of used lead acid batteries to SEGI Recycling Technology Co. Ltd in the Republic of Korea. The stated purpose of the export was for the recycling and reclamation of metals and metal compounds.
The Act imposes several obligations on parties seeking to export hazardous waste. It requires that applications for permits must be detailed and specific, outlining the type and quantity of waste, the intended recipient, and the proposed recycling process. Additionally, the Act requires that the export does not pose a risk to human health or the environment. Compliance with these requirements is overseen by the Department of the Environment, which has the discretion to refuse permits if any of these criteria are not met.
Failure to comply with the provisions of the Act can result in both civil and criminal consequences. Under the Act, any person found to have contravened the provisions relating to the export of hazardous waste may be subject to penalties. Specifically, individuals and corporations can face fines up to $1,260,000 for breaches of the Act. Furthermore, the Act provides that in cases of serious or repeated breaches, criminal charges can be pursued, which may lead to imprisonment. The specific penalties are determined by the severity of the breach and the discretion of the court.