Notice of Variation to an Application received from Beverich Holdings International Pty Ltd (trading as Reverse E-waste) to export unsorted waste batteries to the Republic of Korea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide for the regulation of the export and import of hazardous waste, and specifically to control the export of hazardous wastes to ensure that such wastes are managed in an environmentally sound manner. This legislation was introduced to address the problem of the illegal export and dumping of hazardous waste in developing countries, which can cause severe environmental and health issues. The Act is administered by the Australian Government's Department of the Environment and Energy, and its policy objective is to protect human health and the environment from the adverse effects of the international movement of hazardous wastes. The Act provides a regulatory framework that ensures hazardous waste is managed responsibly and in accordance with international standards, such as the Basel Convention.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export hazardous waste from Australia. This Act regulates the export of hazardous waste to ensure it is managed in an environmentally sound manner and in compliance with international agreements. The Act specifically applies to the export of hazardous waste and covers entities like Beverich Holdings International Pty Ltd, which in this case is exporting unsorted waste batteries to the Republic of Korea. The jurisdiction of this Act is national, as it is a Commonwealth Act, meaning it applies across Australia. While the Act broadly regulates the export of hazardous waste, it does not specify exclusions or exemptions in this particular notice; however, the OECD Decision and related regulations do provide certain frameworks and standards that must be adhered to. The application process and any variations are subject to subordinate instruments such as the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996, which govern specific aspects of the application and permit process.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 allows for the variation of an application for the export or import of hazardous waste. In this case, application AUH15-082, originally submitted by Beverich Holdings International Pty Ltd, has been amended to adjust the intended period of shipments and the types of waste batteries to be exported. This variation was made on 26 July 2016, under regulation 10 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. The amended application now concerns the export of up to 330 tonnes of unsorted waste batteries, specifically used rechargeable lithium ion and used rechargeable nickel metal hydride batteries, to the Republic of Korea for recycling purposes. Notably, the variation removes used rechargeable nickel cadmium batteries from the list of waste to be exported and includes provisions for special handling of waste lithium ion batteries. Beverich Holdings International Pty Ltd, as the applicant, is required to ensure that all modifications to the application are accurately detailed and comply with the regulations set forth by the Act. The company must also make the amended application details publicly available to allow for any written comments from the public within 28 days of the Gazette publication. Furthermore, the company is obligated to share these comments with the Department of the Environment and Energy, ensuring transparency in the process. Respondents are advised that any comments submitted should not include commercial-in-confidence information. Failure to comply with the provisions of the Act and its regulations can result in various consequences. While the specific penalties for non-compliance are not detailed in the Gazette notice, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and its regulations can potentially lead to both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties such as imprisonment may apply. Additionally, any person found to have provided false or misleading information in an application may be subject to further penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Act.