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 Halliburton Australia Pty Ltd (ACN 009 000 775), Level 10, 12-14 The Esplanade, Perth, Western Australia 6000 (Telephone: +61 8 6424 4818) were granted variations to two permits to add an additional port of export, Fremantle, to:
- permit AUH144626T to export lithium waste metal batteries (Basel Code: A1170)
- permit AUH144726U 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:
- 5 000 kg (permit AUH144626T)
- 2 000 kg (permit AUH144726U);
b) the waste batteries will be packaged in accordance with applicable requirements, including those of the International Maritime Dangerous Goods Code, and packed in sealed stainless steel housings with strong outer packaging (wooden crates);
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 31 December 2015 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
13 November 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 ensure the proper management of hazardous waste and its exports and imports, thereby protecting human health and the environment. This legislation was introduced to address the problem of improper management and illegal trafficking of hazardous waste, which could pose significant risks to both domestic and international communities. The Act is administered by the Australian Government, through the Department of the Environment, and its policy objective is to regulate the export and import of hazardous waste to prevent adverse effects on human health and the environment. This notice of decision to vary two export permits under the Act involves Halliburton Australia Pty Ltd, granting them permission to export specific types of lithium waste metal batteries to Canada, subject to certain conditions and limitations.
Scope and Application
The notice pertains to variations granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which regulates the export and import of hazardous wastes within Australia. Specifically, it applies to Halliburton Australia Pty Ltd, granting them variations to two export permits for the export of lithium waste metal batteries. The permits in question are AUH144626T and AUH144726U, and the variations allow for an additional port of export, Fremantle, alongside the existing port of export, Port Botany. The Act governs the management and control of hazardous waste exports to ensure environmental protection and public safety. The geographic reach of the Act is national, as it applies to the entire Commonwealth of Australia. The Act’s provisions can be extended or restricted through subordinate instruments, such as regulations or guidelines, which further detail the requirements and conditions for hazardous waste management and transboundary movements.
Key Provisions
Pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that Halliburton Australia Pty Ltd (ACN 009 000 775) have been granted variations to two export permits (AUH144626T and AUH144726U) to add an additional port of export, Fremantle, for the purpose of exporting lithium waste metal batteries. This decision allows Halliburton to export up to 5,000 kg of waste lithium metal batteries under permit AUH144626T and up to 2,000 kg under permit AUH144726U. The waste must be packaged in accordance with the International Maritime Dangerous Goods Code, using sealed stainless steel housings with strong outer packaging. The waste will be transported by sea from either Port Botany, NSW or the Port of Fremantle, WA, transiting ports in New Zealand and the US, and then by land to a facility in Canada for recycling and recovery operations. The permits are subject to conditions and must be completed by 31 December 2015.
The Act imposes several obligations on the parties involved. Halliburton Australia Pty Ltd must ensure that all exports comply with the conditions outlined in the permits, including the packaging, transport, and disposal of the waste. The Department of the Environment, as the regulatory body, must ensure that the export of hazardous waste is conducted in a manner that protects human health and the environment. Additionally, Halliburton must keep records of the export and any transboundary movements of the waste, and provide these records to the Department upon request. The Act also requires that the waste is disposed of in a manner that is consistent with the permit conditions, and that any incidents or non-compliance are reported to the Department.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in civil or criminal penalties. Under section 102 of the Act, a person who contravenes a condition of a permit is liable to a penalty of up to $1,000,000 for a corporation and up to $200,000 for an individual. Additionally, under section 103, a person who exports hazardous waste without a permit or in contravention of the permit conditions is liable to a penalty of up to $10,000,000 for a corporation and up to $2,000,000 for an individual. These penalties are in addition to any other civil or criminal penalties that may apply under other laws. The Act also provides for the possibility of imprisonment for individuals who are found guilty of certain offences under the Act.