12 October 2023
1. MEMBER EVENT - SEEKING APPROVAL FOR BATTERY TRANSFER STATIONS AND PROCESSING FACILITIES - KEY PLANNING AND REGULATORY MATTERS – 2 NOVEMBER 2-3PM ONLINE
Mark Jackson will discuss the complex development and approval process for new infrastructure for the receival, sorting and processing of household batteries through to large battery storage systems. In this presentation, a review of key planning, assessment and environmental regulatory matters will be covered to assist developers through the planning and licensing system with minimal delays. The focus will be on NSW.
Register here for this online session on 2 November (2-3pm).
Mark is a Director at Jackson Environment and Planning which he founded in 2016. He is an infrastructure specialist and has 29 years’ experience in the field. He has supported the environmental planning, approvals and licensing of some of the largest waste and recycling infrastructure projects in NSW. Previously, he worked for the NSW Environment Protection Authority, leading some of the largest recycling industry development, regulatory support and infrastructure investment programs in the country’s history.
He has led the development and delivery of major planning and regulatory approvals for a range of clients such as Sell & Parker, Bingo Industries, Mint Biomining Pty Ltd, AGL and Origin Energy Ltd.
Mark’s qualifications include a Bachelor of Science (Hons., First Class), PhD (industrial waste management), Certified Impact Assessment Specialist (IA11071) through the Environment Institute of Australia and New Zealand, and a NSW Registered Environmental Assessment Practitioner REAP (R80020).
2. VICTORIA – NEW OBLIGATIONS TO MINIMISE SERVICE DISRUPTION RISKS FOR COLLECTORS, TRANSPORTERS, STORERS, SORTERS AND PROCESSORS OF USED BATTERIES
The new Victorian Circular Economy (Waste Reduction and Recycling) Act 2021 framework places high-level obligations on waste and recycling services providers to manage risks to service disruption. This includes those in the battery recycling collection, transporting, storing, sorting and processing parts of the value chain. It will commence in 2024.
Battery recycling is proposed to be prescribed as an essential service as batteries cannot be disposed in landfill in Victoria. The draft regulations categorise battery recycling as E-waste (battery recycling). Confusingly, many governments are categorising all used batteries as e-waste when they regulate. This occurs even though estimates of the volume of batteries entering the resource recovery value chain through e-waste products suggest they are a negligible part of the supply chain. That is, less than 0.5% of the total tonnage of used batteries and this percentage will only shrink as EV batteries grow in volume. Clarity, ease of access and fit for purpose rules governing batteries is critical for all industry participants. ABRI is working with governments to build knowledge on the used battery market and logistics chains for different applications and chemistries.
For collectors, transporters, storers, sorters and/or processors of used batteries the draft regulations mean that as far as is reasonably practicable, you must minimise the risk of serious failure, disruption or hinderance of the service (see section 74 of the draft Regulations). The penalty caps for non compliance are estimated to be $96,155 for an individual and $480,775 for a corporation in 2023/24.
Battery recycling entities that have a significant share are known as Responsible Entities. A Responsible Entity is proposed to be one which holds 20% or more of the Victorian market share for a service (e.g. processing). Feedback from stakeholders is that this definition will be difficult to implement and challenging for businesses to determine. Recycling Victoria is currently working through stakeholder feedback.
Under the draft regulations, existing companies who consider they are Responsible Entities must notify Recycling Victoria by February 2024 of their status. These entities must prepare each year a Responsible Entity Risk, Consequence and Contingency Plans (RERCC Plans) and comply with their plan. The RERCC plans must be supported by a statement of assurance that the plan has been prepared in accordance with the Circular Economy Act and regulations and that it has regard to, and complies with, Recycling Victoria’s CERCC Plan. Recycling Victoria is proposing to release the draft CERCC in November.
ABRI is in discussions with Recycling Victoria about the need for greater clarity in the proposed regulations and has notified Recycling Victoria that the battery market is national and there are options for interstate battery recycling. ABRI notes for lithium battery recycling some of these are under development and are expected to be operational in 2024.
3. WA DRAFT REGULATIONS TO BAN BATTERIES (AND E-WASTE) FROM LANDFILL
The WA Government is consulting on draft regulations to ban e-waste from landfill. The regulations will capture ALL battery types, that is every application and chemistry. Consultation closes 22 November and the new rules are expected to commence in 2024. No firm date has been set for commencement.
As with Victoria, batteries are categorised under e-waste. ABRI has raised with the WA Government that they need to be clear to stakeholders that the e-waste ban captures batteries.
However, in the interim, this means that ABRI members should watch for implications of e-waste policy changes on the entire battery resource recovery market.
For further information, read the draft regulation and supporting information paper.
4. PROVING EXPORT PRODUCTS ARE PRODUCED USING RENEWABLE ENERGY – COMMONWEALTH CONSULTATION ON PROPOSED VOLUNTARY REGISTRY
The Commonwealth is developing a voluntary scheme to independently verify that products (e.g. materials produced from recycled batteries) have been produced using renewable energy. One outcome of the scheme is to provide Australia’s export markets with confidence that products are produced by renewable energy and therefore are low emissions.
The scheme is called the Renewable Electricity Guarantee of Origin or REGO scheme. Detailed information on the scheme design can be found on the website and consultation on the proposed scheme approach closes on 17 October.
5. ABRI BUILDING INDUSTRY PROFILE THROUGH STRENGTHENED ENGAGEMENT AND COMMUNICATION CAPABILITIES
ABRI is building its government engagement and communication capabilities to lead industry response to growing government and media interest in batteries, safety and the circular economy.
The ABRI Executive Committee has approved the engagement of Mark Sutton of Policy Solutions Group to develop a government engagement and communication strategy so the battery recycling industry can:
Influence policy debates and regulatory outcomes to support safe, sustainable industry growth
Build the industry’s profile and recognition of its contribution to industry development, critical minerals security and the net zero transition
Demonstrate what ‘good’ looks like in industry performance and target policy solutions at priority areas such as logistics costs, insurance, and capex to be up and running at scale
Recent media releases include:
6 October – Battery recycling industry backs consumer watchdog’s report
3 October – Battery recycling industry backs plans to stop waste going to landfill
22 September – Australian battery recycling industry poised to grow as focus returns to advanced manufacturing
18 September – Need to accelerate action to increase safety across the battery value chain
5 September – Battery recycling industry calls for government backing to grow
ABRI CEO, Katharine Hole, presented (8 September) to the Australasian Institute of Dangerous Goods annual conference on preparing for electrification and observations from the lead acid battery recycling market.
6. NSW PARLIAMENT ROAD SAFETY COMMITTEE INQUIRY INTO ELECTRIC AND HYBRID VEHICLES
The NSW Parliament Joint Standing Committee on Road Safety is conducting an inquiry into:
the risk and management of fires and other issues caused by batteries in electric and hybrid vehicles, including light electric vehicles
the risk to workers in the automotive industry and emergency services personnel caused by batteries in electric and hybrid vehicles
the adequacy of training and equipment for workers in the automotive industry and emergency services personnel regarding potential hazards of batteries in electric and
hybrid vehiclesany other related matters
Submissions are due by 24 November 2023.