NOTICE OF DECISION TO VARY TWO EXPORT PERMITS 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 Schlumberger Australia Pty Ltd (ABN 74 002 459 225), Level 5, 256 St. Georges Terrace, Perth, Western Australia, 6000 (Telephone: +61 8 9420 4643) were granted variations to two permits to add an additional port of export, Fremantle, to:
- permit AUS15-024 to export waste lithium metal batteries (Basel Code: A1170)
- permit AUS15-025 to export waste lithium metal batteries contained in equipment (Basel Code: A1180);
The further particulars of the permits are as follows:
a) the quantity of the waste to be exported in up to six shipments is a maximum of:
- 20 tonnes (permit AUS15-024)
- 2 tonnes (permit AUS15-025)
b) the waste lithium metal batteries and waste lithium metal batteries in equipment will be packaged in accordance with the relevant Dangerous Goods guidelines. The waste will be packed individually in either the original, or similar, packaging to prevent short circuit. The individually packaged batteries will then be packed into suitable fibreboard drums which are appropriately labelled to indicate their contents and the requirements for safe handling;
c) the waste is to be transported by sea from Port Botany, NSW or the Port of Fremantle, WA, transiting ports in New Zealand and the US; then by land to the Toxco Waste Management Ltd facility located at 9384 Highway 22A, Trail, British Columbia V1R 4W6 in Canada;
d) the waste is to be disposed of at the facility by the recovery operation R4 – Recycling / reclamation of metals and metal compounds;
e) no shipment is authorised before the date below or after 30 April 2016 and all transboundary movements of the waste must be completed by this date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
14 December 2015
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 stringent regulation of hazardous waste exports and imports to protect Australia's environment and public health from potential harm. The Act aims to ensure that such waste is managed in an environmentally sound manner, in line with international obligations, and to prevent illegal traffic in hazardous waste. This legislation was introduced by the Australian Parliament, reflecting the policy objective of maintaining rigorous control over the movement of hazardous materials across borders, thereby contributing to global environmental protection efforts.
In accordance with the Act, the Department of the Environment has the authority to issue and vary export permits for hazardous waste, such as the variation granted to Schlumberger Australia Pty Ltd for the export of waste lithium metal batteries to Canada. This decision allows for the addition of Fremantle as an export port and is subject to specific conditions to ensure safe handling and environmentally sound disposal of the waste. The permit variation is a demonstration of the Department's commitment to enforcing the regulatory framework established by the Act, while facilitating legitimate trade in hazardous waste under strict oversight.
Scope and Application
The notice of decision to vary two export permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to Schlumberger Australia Pty Ltd, which has been granted variations to two existing export permits. The permits, AUS15-024 and AUS15-025, allow for the export of waste lithium metal batteries and waste lithium metal batteries contained in equipment respectively, to an additional port of export, Fremantle, in addition to Port Botany. These permits are specifically tailored to the export of up to 20 tonnes of waste lithium metal batteries and 2 tonnes of waste lithium metal batteries contained in equipment, which must be packaged according to Dangerous Goods guidelines to prevent short circuits. The waste is to be transported by sea to a facility in British Columbia, Canada, for recycling. The Act applies to the entities involved in the export process, the geographic scope includes interstate and international movements, and the permits are subject to specific conditions and timeframes. The Act provides avenues for review and appeal through the Administrative Appeals Tribunal.
Key Provisions
The primary operative sections of the notice (section 33) indicate that Schlumberger Australia Pty Ltd has been granted variations to two export permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, permit AUS15-024, which concerns the export of waste lithium metal batteries (Basel Code: A1170), and permit AUS15-025, which pertains to the export of waste lithium metal batteries contained in equipment (Basel Code: A1180), have been updated to include an additional port of export, Fremantle, in addition to the existing port, Port Botany. These permits now authorise up to six shipments of the waste, with a maximum of 20 tonnes for AUS15-024 and 2 tonnes for AUS15-025. The waste must be packaged according to relevant Dangerous Goods guidelines to prevent short circuits, and it will be transported by sea to a waste management facility in Trail, British Columbia, Canada, where it will be disposed of through a recovery operation (R4).
The obligations imposed on Schlumberger Australia Pty Ltd and any other parties governed by this Act include strict adherence to the conditions set forth in the permits. This involves ensuring that the waste is packaged and transported in compliance with Dangerous Goods regulations, using appropriately labelled fibreboard drums to prevent accidents. Additionally, the company must ensure that all shipments are made within the authorised period, which ends on 30 April 2016. It is also essential that the waste is only exported through the specified ports and that all transboundary movements are completed by the stipulated date.
Failure to comply with the terms and conditions of the permits can result in significant consequences. The Act does not explicitly state the penalties for non-compliance, but breaches of hazardous waste regulations can generally lead to enforcement actions by the Department of the Environment. Such actions may include fines, suspension or revocation of export permits, and legal proceedings. The specific penalties would depend on the nature and severity of the breach, but they can be substantial, reflecting the importance of adhering to hazardous waste export regulations to protect public health and the environment.