Notice of Variation to Application received from Hydromet Corporation Pty Limited to Export Lead Waste and Scrap to the Republic of Korea - AUH15-075

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, ensuring that these activities are carried out in an environmentally sound manner and in compliance with international agreements, including the Basel Convention. This legislation was introduced to address the need for strict controls on hazardous waste movements to prevent illegal traffic and to protect human health and the environment from potential risks associated with such activities. The Act is administered by the Australian Parliament, with the policy objective of maintaining high standards in the management and transboundary movement of hazardous waste. The Act aims to ensure that hazardous waste is managed in a way that minimises the risk to human health and the environment, both domestically and internationally, and to prevent the export of hazardous waste to countries that do not have the capacity to manage it safely.

Scope and Application

The notice of variation to the application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 specifies modifications made to an application submitted by Hydromet Corporation Pty Limited, a company based in Unanderra, New South Wales. The application pertains to the export of up to 6000 tonnes of lead waste and scrap from used lead acid batteries to the Republic of Korea for recycling and reclamation operations at a designated recovery facility. This Act applies to any person or entity proposing to export hazardous waste, ensuring that such activities comply with national and international regulations designed to protect human health and the environment from the harmful effects of hazardous waste. The jurisdictional reach of the Act is Commonwealth-wide, imposing consistent standards across Australia for the export and import of hazardous waste. The notice indicates that the original application, submitted on 26 November 2015, has been altered to reflect changes in the recovery facility, shipment period, and quantity of waste to be exported. This adjustment aligns with the regulatory framework established under the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. Any exclusions or exemptions from the application of the Act are not detailed in the notice but would typically be governed by the specific regulations and guidelines under which the application is processed.

Key Provisions

The key provision in the notice (Gazette) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) is the variation to application AUH15-075 made by Hydromet Corporation Pty Limited. The original application, which was received on 26 November 2015, has been amended to reflect changes in the recovery facility, shipment dates, and quantity of hazardous waste to be exported. The variation was made on 17 March 2016 in accordance with regulation 10 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. The updated application now pertains to the export of up to 6000 tonnes of lead waste and scrap derived from used lead acid batteries to the Republic of Korea for recycling/reclamation of metals and metal compounds at the Sang Shin recovery facility in Gyeonggi-do. The Act imposes several obligations on the parties involved, primarily focusing on the application and review process for the export of hazardous waste. Hydromet Corporation must submit a detailed application that includes specific information about the waste, the recovery facility, and the intended shipment dates. Once the application is submitted, it is subject to review and variation if necessary, as seen in this case. Additionally, the Department of the Environment is responsible for facilitating public comment on the application, ensuring transparency and stakeholder engagement in the decision-making process. Failure to comply with the provisions of the Act or the regulations may lead to various civil or criminal consequences. While the Gazette does not detail specific offences or penalties within its text, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 could result in substantial fines and even imprisonment. The maximum penalties for contravening the Act can vary depending on the nature and severity of the breach but can include fines of up to $66,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment terms. These penalties underscore the importance of adhering to the regulatory requirements set forth by the Act and the associated regulations.