Notice of three applications received from Metalman New Zealand Limited for permits to transit used lead acid batteries through Brisbane en route from New Zealand to the Republic of Korea

Overview

The notice pertains to applications under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which was enacted by the Australian Parliament to regulate the export and import of hazardous wastes, ensuring they are managed in an environmentally sound manner. The Act was introduced to address the issue of improper handling and illegal trading of hazardous waste, which could pose significant risks to human health and the environment. Metalman New Zealand Limited has applied for special transit permits for the export of used lead acid battery scrap from New Zealand through Australia to the Republic of Korea for recycling. The policy objective is to ensure that hazardous waste is managed in a way that minimises risks to human health and the environment during transit and processing.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports across Australia. It governs the entities involved in the movement of hazardous waste, including companies such as Metalman New Zealand Limited, and specifies the types of hazardous waste subject to the legislation. This Act extends to the transit of hazardous waste through Australian territories, as seen in the applications for special transit permits for used lead acid battery scrap (Basel code: A1160) from New Zealand to the Republic of Korea via Brisbane. The applications indicate the specific waste quantities and recovery operations at designated facilities in the Republic of Korea. The Act’s jurisdictional reach is national, with the Commonwealth administering the application process for special transit permits and allowing public scrutiny through the comment period. Exclusions or specific exemptions from the permit requirements are not detailed in the notice, but the Act likely includes provisions for such scenarios within its broader legislative framework. The scope of the Act may be further defined or expanded through subordinate instruments, such as regulations or guidelines, which detail procedural and technical requirements for handling hazardous waste.

Key Provisions

The notice provided under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs that three special transit permit applications (AUH15-068, AUH15-071, and AUH15-074) have been submitted by Metalman New Zealand Limited. These applications are for the transit of used lead acid battery scrap (Basel code: A1160) through Brisbane, en route from New Zealand to the Republic of Korea, where it will be used for metal recycling and reclamation operations. Specifically, AUH15-068 involves up to 3,000 tonnes of waste destined for Kook Jea Metallic, AUH15-071 involves up to 6,000 tonnes for Segi Recycling Technology Co. Limited, and AUH15-074 involves up to 5,000 tonnes for Samji Metal Industry Co Ltd. The Act imposes obligations on Metalman New Zealand Limited, the applicant, to ensure that the hazardous waste is managed in a way that minimises risk to human health and the environment. This includes providing detailed information about the waste, the intended recovery processes, and the facilities involved in the transit and recovery operations. Additionally, the applicants must ensure that all relevant permits and authorisations are in place for the transit and recovery of the waste. The Department of the Environment is required to review the applications, consider any public comments received within the specified 28-day period, and make a decision on whether to grant the special transit permits. There are significant consequences for breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Under Section 68 of the Act, individuals or entities that contravene the Act may be liable for penalties. The penalties can be substantial, with fines up to $1,100,000 for corporations and $220,000 for individuals, depending on the nature and severity of the breach. In addition to financial penalties, breaches of the Act may also lead to criminal charges, with potential imprisonment for individuals found guilty of serious or repeated offences. These provisions underscore the importance of compliance with the Act's requirements to ensure the safe and environmentally sound management of hazardous waste.