Notice of variation to an application (AUH15-083) from Beverich Holdings International Pty Ltd to export waste alkaline and manganese primary batteries to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the improper export and import of hazardous waste, thereby ensuring that such activities are conducted in an environmentally sound manner and in compliance with international agreements. The primary objective of this Act is to prevent or minimise the export and import of hazardous wastes that could pose a risk to human health and the environment. This is achieved through a regulatory framework that requires prior written notification and, where necessary, the granting of permits for the export and import of hazardous wastes. The Act aligns with international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, aiming to protect human health and the environment from the adverse effects of hazardous wastes. The notice of variation to an application received under this Act, as detailed in the gazette, highlights the dynamic nature of regulatory compliance in hazardous waste management. In this instance, the application AUH15-083 from Beverich Holdings International Pty Ltd, originally submitted on 25 May 2016, has been amended to reflect changes in the proposed shipment period, the importer's identity, and the quantities involved. The variation, made under the authority of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996, demonstrates the regulatory oversight and adaptability required to manage the complexities of international hazardous waste trade. The public is invited to comment on the application, ensuring transparency and community involvement in the decision-making process.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste. Specifically, the Act governs the export of hazardous waste, including the processes of application, assessment, and monitoring to ensure compliance with environmental protection standards. The application in question, AUH15-083 from Beverich Holdings International Pty Ltd, pertains to the export of up to 200 tonnes of waste alkaline and manganese primary batteries to the Republic of Korea for recycling. The geographic reach of this Act is national, as it applies across Australia, including territories, and is administered by the Commonwealth. The application must comply with the conditions stipulated in the Act and the associated regulations, including the OECD Decision regulations, which detail specific export criteria and processes. Any variation to an application, such as the one made to AUH15-083, must be submitted to and approved by the relevant authorities, in this case, the Director, Hazardous Waste Section, Department of the Environment. The public is invited to provide feedback on the application within a specified period, ensuring transparency and community involvement in hazardous waste management decisions.

Key Provisions

The key provisions of the notice detail the variation to an application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. According to section 33, the application AUH15-083 from Beverich Holdings International Pty Ltd, trading as Reverse E-waste, has been amended. The original application, received on 25 May 2016, was altered on 7 July 2016 as per regulation 10 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. The variation includes adjustments to the shipment period, the name of the importer, the quantity of waste to be exported, and the number of shipments. The shipment period has been set from 01/08/2016 to 31/07/2017, the importer's name has been changed to ER Co., Ltd, the export quantity has been reduced to 200 tonnes, and the number of shipments has been reduced to 20. All other details from the original application remain unchanged. The notice imposes certain obligations and requirements on the parties involved. The applicant, Beverich Holdings International Pty Ltd, must ensure that the varied application aligns with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and the associated regulations. The Department of the Environment must review the variation and consider any comments received from the public. Public entities and individuals are invited to lodge written comments on the application within 28 days of the notice's publication in the Gazette. It is important for respondents to be aware that their comments will be shared with the applicant, and they should avoid including any commercial-in-confidence information. Failure to comply with the provisions of the Act and its regulations may result in various consequences. While the notice does not explicitly state specific offences, breaches of the Act or regulations could potentially lead to civil or criminal penalties. The Act provides for enforcement actions, including fines and potential criminal charges for individuals and corporations that do not adhere to the regulatory requirements. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Act and subsidiary legislation.