Notice of decision to vary a special import permit granted to Orbitas Pty Ltd to import used lead acid batteries from New Zealand - AUH15-076

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Legislation au C2016G00871 In force Gazette

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NOTICE OF DECISION TO VARY A SPECIAL IMPORT 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 xx June 2016, a variation to permit number AUH15-076 was granted to Orbitas Pty Ltd (ACN 127 151 599) of Building 10, Level 1, 658 Church Street, Richmond, Victoria, 3121 (Telephone: 1300 783 879; Facsimile: 1300 783 870).

The particulars of the permit, as varied, are as follows:

(i)             the permit is transferred from Orbitas Pty Ltd to Alco Batteries (Aust) Pty Ltd (ACN 002 915 326), Building 10, Level 1, 658 Church Street, Richmond, Victoria, 3121 (Telephone: 1300 783 879; Facsimile: 1300 783 870);

(ii)           the exporter of the waste is Alco Battery Sales (NZ) Limited, Unit B, 57 Mclaughlins Road, Wiri, Auckland, New Zealand (Telephone + 64 21 478 671);

(iii)         the type of the waste is Used Lead Acid Batteries (ULABs) (Basel Code: A1160);

(iv)         the maximum quantity of ULABs that may be imported is 400 tonnes;

(v)           the ULABs will be strapped and wrapped to standard wooden pallets;

(vi)         the waste is to be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility;

(vii)       the waste may only be imported during the permit period;

(viii)      the waste is to be imported to the port of Sydney, Australia;

(ix)         the waste is to undergo a recovery operation at the Renewed Metal Technologies Pty Ltd at                   509 Byrnes Road, Wagga Wagga, New South Wales, 2650;

(x)           the ULABs will undergo recovery operations R4 – Recycling/reclamation of metals and metal compounds, and R6 – Regeneration of acids or bases.

The permit period is from the date below until the permit expiry date of 30 December 2016. All transboundary movements must be completed by the permit expiry date.

 

The permit includes and is subject to conditions.

Andrew McNee

Delegate of the Minister

Assistant Secretary

Chemicals and Waste Branch

26 June 2016

______________________________________________________________________________

 

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, as listed 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 to provide for the control of the export and import of hazardous waste, and for related purposes. The Act was introduced to address the problem of the transboundary movement of hazardous waste, which poses significant environmental and health risks if not properly managed. The Act is administered by the Australian Parliament and its primary policy objective is to ensure that hazardous waste is managed in a manner that protects human health and the environment. This legislative instrument notifies the public of a decision to vary a special import permit under the Act, outlining the details of the variation and the conditions that apply. The variation allows for the transfer of the permit from one company to another, specifies the type and quantity of hazardous waste that can be imported, and sets out the transportation and recovery operations that must be undertaken.

Scope and Application

The notice of the decision to vary a special import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the entities Orbitas Pty Ltd and Alco Batteries (Aust) Pty Ltd, and the activity of importing used lead acid batteries from New Zealand to Australia for recovery operations. The legislation governs the export and import of hazardous waste and controlled waste, with a focus on ensuring the environmentally sound management of such waste. The permit applies to a specific quantity of waste and details the manner in which the waste is to be transported and processed, with the geographic reach extending to transboundary movements between Australia and New Zealand. The permit is subject to conditions and the specific exclusions or exemptions are not outlined in this notice. The application of the Act may be extended or restricted by subordinate instruments such as regulations or guidelines issued by the Department of the Environment.

Key Provisions

The key provisions of the notice relate to the variation of a special import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). Specifically, the permit number AUH15-076 has been varied to transfer ownership from Orbitas Pty Ltd to Alco Batteries (Aust) Pty Ltd. The variation allows for the import of used lead-acid batteries (Basel Code: A1160) from Alco Battery Sales (NZ) Limited, with a maximum quantity of 400 tonnes. The batteries must be strapped and wrapped to standard wooden pallets, transported by road to the port of export, shipped by sea, and then transported by road from the destination port to the recovery facility in Wagga Wagga, New South Wales. The import must occur within the permit period, which runs until 30 December 2016, and the waste must undergo specific recovery operations R4 and R6 at the facility operated by Renewed Metal Technologies Pty Ltd. The Act imposes several obligations on the parties involved. The new permit holder, Alco Batteries (Aust) Pty Ltd, must ensure that the transboundary movement of hazardous waste complies with all conditions of the permit, including the proper packaging and transportation of the waste. The exporter, Alco Battery Sales (NZ) Limited, must ensure that the waste is accurately described and complies with all export regulations of New Zealand. Additionally, the recovery facility must adhere to the specified recovery operations and any other conditions stipulated in the permit. Both parties must also ensure that all waste is imported and processed within the specified timeframe. Failure to comply with the conditions of the permit or the requirements of the Act may result in various consequences. While the notice does not explicitly state the penalties for non-compliance, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches can result in substantial fines and potential criminal charges. The severity of the penalties depends on the nature and extent of the breach, but they can include fines up to $5.5 million for corporations and imprisonment for individuals involved in the illegal movement of hazardous waste. Furthermore, non-compliance may also lead to the revocation of the import permit and possible legal action by affected parties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.