NOTICE OF DECISION TO VARY A SPECIAL EXPORT 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 11 November 2014, a variation to permit number AUH 145884G was granted to Dodd & Dodd Group Pty Ltd (ABN 65 874 186 779) of 521 Dundas Road, Forrestfield, Western Australia 6058 (Telephone & Facsimile: + 61 8 9448 5750).
The particulars of the permit, as varied, are as follows:
(a) the hazardous waste to be exported is used lead acid batteries (Basel code: A1160);
(b) the quantity of the waste to be exported is a maximum of 5500 tonnes;
(c) the waste is to be exported in up to twenty (20) shipments:
(i) by sea from the port of Fremantle, Western Australia, transiting ports in Singapore and Malaysia en route to the port of Busan in the Republic of Korea; and
(ii) by land from the port of Busan to the facility of Kookjea Metallic Co. Ltd located at
San 10 Ogye-Ri Geumho-Eup Yeongcheon-Si, Gyeongsangbuk-Du;
(d) the waste is to be disposed of at the above facility by recovery operation R4 – Recycling/reclamation of metals and metal compounds; and
(e) all transboundary movement of the waste is to be completed by 31 August 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Assistant Secretary
Waste Policy 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, 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 Notice of Decision to Vary a Special Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, gazetted on 11 November 2014, relates to the variation of permit number AUH 145884G, issued to Dodd & Dodd Group Pty Ltd. This legislation was enacted to address the need for stringent regulation of the export and import of hazardous waste, ensuring that such activities do not pose a risk to human health or the environment. The Act was enacted by the Australian Parliament with the policy objective of aligning Australia's hazardous waste management practices with international standards, particularly under the Basel Convention, to prevent illegal traffic and ensure environmentally sound management of hazardous wastes. The variation in question pertains to the export of used lead acid batteries, with specific conditions governing the transportation, destination, and disposal of the waste, all of which must be completed by 31 August 2015.
Scope and Application
The notice issued under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to a variation of a special export permit for the export of hazardous waste, specifically used lead acid batteries. This variation applies to Dodd & Dodd Group Pty Ltd, an entity located in Western Australia, and involves the export of up to 5500 tonnes of hazardous waste to be disposed of by recycling operations at a facility in the Republic of Korea. The geographic scope of the Act is national, encompassing all exports and imports of hazardous waste within Australia, and this particular permit variation is subject to conditions which regulate the manner and conditions of the export and disposal of the waste. The Act allows for the extension or restriction of its application through subordinate instruments, which can include additional conditions or requirements imposed on the permit holder. Any person or entity whose interests are affected by this variation may apply to the Department of the Environment for reasons of the decision, and subsequently request an independent review from the Administrative Appeals Tribunal if necessary.
Key Provisions
The main operative sections of this legislation, specifically section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, provide for the variation of a special export permit for hazardous waste. The permit number AUH 145884G was varied on 11 November 2014 for Dodd & Dodd Group Pty Ltd, allowing the export of used lead acid batteries (Basel code: A1160) to Kookjea Metallic Co. Ltd in the Republic of Korea. The export is limited to a maximum of 5500 tonnes in up to twenty shipments, to be transported by sea from Fremantle to Busan and then by land to the specified facility. The waste is to be disposed of through a recovery operation that involves the recycling or reclamation of metals and metal compounds, with all transboundary movement to be completed by 31 August 2015. The permit is subject to certain conditions.
The Act imposes several obligations on Dodd & Dodd Group Pty Ltd and Kookjea Metallic Co. Ltd. They must adhere to the conditions specified in the varied permit, which includes the transportation and disposal of the hazardous waste in accordance with the outlined procedures and timeframes. Both parties are required to ensure that the export and disposal activities comply with all relevant regulations under the Act and associated international agreements, such as the Basel Convention. This includes proper documentation and reporting of the hazardous waste movement and disposal.
There are potential civil and criminal consequences for breaches of the Act. Violations may result in penalties, including substantial fines. For example, under section 64 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, an individual or corporation found guilty of contravening a provision of the Act may be subject to a penalty of up to $1,100,000 for a company and $220,000 for an individual, or both. Additionally, under section 65, a court may order the confiscation of goods involved in the breach, as well as any profits derived from the contravention. These penalties underscore the importance of compliance with the Act’s provisions and conditions.