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Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 No , 2008 A Bill for An Act to amend the Waste Avoidance and Resource Recovery Act 2001 to introduce a container deposit scheme in New South Wales if the targets of the latest National Packaging Covenant are not met after the mid-term review of the Covenant in 2008; and for other purposes.
Clause 1 Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Waste Avoidance and Resource Recovery (Container 3 Recovery) Act 2008. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Amendment of Waste Avoidance and Resource Recovery Act 2001 No 58 7 The Waste Avoidance and Resource Recovery Act 2001 is amended as 8 set out in Schedule 1. 9 4 Repeal of Act 10 (1) This Act is repealed on the day following the day on which this Act 11 commences. 12 (2) The repeal of this Act does not, because of the operation of section 30 13 of the Interpretation Act 1987, affect any amendment made by this Act. 14 Page 2
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Amendment Schedule 1 Schedule 1 Amendment 1 (Section 3) 2 Part 4A 3 Insert after section 18: 4 Part 4A Beverage container deposit scheme 5 Division 1 Definitions 6 18A Definitions 7 In this Part: 8 beverage means: 9 (a) any carbonated or non-carbonated soft drink, fruit juice or 10 water, or 11 (b) any alcoholic drink, including brandy, gin, rum, whisky, 12 cordials containing spirits, wine, cider, perry, mead, ale, 13 porter, beer or any other spirituous, malt, vinous or 14 fermented liquor, or 15 (c) milk, including animal milk, soy milk and flavoured or 16 processed milk, or 17 (d) any other liquid intended for human consumption by 18 drinking that is declared by the regulations to be a 19 beverage for the purposes of this Part. 20 beverage container means a sealed container, containing a 21 beverage, that is produced for sale to the consumer of the 22 beverage, being a container of any of the following types: 23 (a) a plastic or glass bottle, 24 (b) an aluminium or steel can, 25 (c) a liquid paperboard or composite carton. 26 beverage container tax means the tax imposed by the Beverage 27 Container Tax Act 2008. 28 Central Account means the account established by section 18N. 29 collection depot means a depot established or approved by the 30 Minister under Division 4 for the collection of empty beverage 31 containers. 32 labelled includes embossed, painted or stamped. 33 Management Committee means the Container Deposit 34 Management Committee constituted by section 18M. 35 Page 3
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Schedule 1 Amendment National Packaging Covenant means the covenant entitled "The 1 National Packaging Covenant: a commitment to the sustainable 2 manufacture, use and recovery of packaging" agreed to by the 3 Environment Protection and Heritage Council and other 4 signatories on 1 July 2005 and dated 15 July 2005. 5 post-consumer packaging means material (including empty used 6 beverage containers) generated by householders or by 7 commercial, industrial and institutional facilities in their role as 8 end users of products that were packaged, being material that can 9 no longer be used for its intended purpose. 10 refund value means 10 cents, or any higher amount prescribed by 11 the regulations following a review conducted in accordance with 12 section 18T. 13 relevant material means paper (including cardboard), glass, 14 steel, aluminium or plastic. 15 Scheme Administrator means the Beverage Container Deposit 16 Scheme Administrator appointed under section 18L. 17 sell means sell, or offer to sell, to a person in this State or for 18 delivery in this State. 19 Division 2 Introduction of beverage container deposit 20 scheme 21 Note. This Division requires a beverage container deposit scheme to be introduced if 22 the targets set by the National Packaging Covenant are not being met at the time that 23 progress of the Covenant is evaluated (at the end of 2008) or when the Covenant 24 expires (at the end of June 2010). 25 The main target set by the National Packaging Covenant is that signatories will work 26 together to increase the amount of post-consumer packaging recycled from its current 27 rate of 48% (determined using 2003 baseline data) to 65% by 2010. The Covenant 28 provides that packaging made from relevant materials will make a contribution to that 29 main target as follows: 30 (a) it is targeted that 7080% of post-consumer packaging that is made of paper or 31 cardboard will be recycled by 2010 (the current figure is 64%), 32 (b) it is targeted that 5060% of post-consumer packaging that is made of glass will 33 be recycled by 2010 (the current figure is 35%), 34 (c) it is targeted that 6065% of post-consumer packaging that is made of steel will 35 be recycled by 2010 (the current figure is 44%), 36 (d) it is targeted that 7075% of post-consumer packaging that is made of 37 aluminium will be recycled by 2010 (the current figure is 64%), and this target 38 has been met, 39 (e) it is targeted that 3035% of post-consumer packaging that is made of plastic 40 will be recycled by 2010 (the current figure is 20%). 41 Page 4
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Amendment Schedule 1 18B Part applies only if Minister so declares 1 This Part applies to beverage containers made wholly or mainly 2 of a relevant material only if the Minister has declared, by notice 3 in the Gazette under section 18C or 18D, that the Part applies to 4 containers made wholly or mainly of that material. 5 18C Introduction of beverage container deposit scheme following 2008 6 evaluation of progress of National Packaging Covenant 7 (1) The object of this section is to set out the circumstances in which 8 the Minister, following the 2008 review required by the National 9 Packaging Covenant (the 2008 review), must declare that this 10 Part applies to beverage containers made wholly or mainly of a 11 relevant material. 12 (2) The Minister must declare that this Part applies: 13 (a) to beverage containers made wholly or mainly of paper or 14 cardboard if, following the 2008 review, it appears to the 15 Minister that: 16 (i) less than 68.5% of post-consumer packaging that is 17 made wholly or mainly of paper or cardboard is 18 being recycled, or 19 (ii) the target of achieving 7080% of post-consumer 20 packaging that is made wholly or mainly of paper or 21 cardboard being recycled by July 2010 will not be 22 met, or 23 (b) to beverage containers made wholly or mainly of glass if, 24 following the 2008 review, it appears to the Minister that: 25 (i) less than 46.25% of post-consumer packaging that is 26 made wholly or mainly of glass is being recycled, or 27 (ii) the target of achieving 5060% of post-consumer 28 packaging that is made wholly or mainly of glass 29 being recycled by July 2010 will not be met, or 30 (c) to beverage containers made wholly or mainly of steel if, 31 following the 2008 review, it appears to the Minister that: 32 (i) less than 56% of post-consumer packaging that is 33 made wholly or mainly of steel is being recycled, or 34 (ii) the target of achieving 6065% of post-consumer 35 packaging that is made wholly or mainly of steel 36 being recycled by July 2010 will not be met, or 37 Page 5
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Schedule 1 Amendment (d) to beverage containers made wholly or mainly of 1 aluminium if, following the 2008 review, it appears to the 2 Minister that: 3 (i) less than 68.5% of post-consumer packaging that is 4 made wholly or mainly of aluminium is being 5 recycled, or 6 (ii) the revised target of achieving 8085% of 7 post-consumer packaging that is made wholly or 8 mainly of aluminium being recycled by July 2010 9 will not be met, or 10 (e) to beverage containers made wholly or mainly of plastic if, 11 following the 2008 review, it appears to the Minister that: 12 (i) less than 27.5% of post-consumer packaging that is 13 made wholly or mainly of plastic is being recycled, 14 or 15 (ii) the target of achieving 3035% of post-consumer 16 packaging that is made wholly or mainly of plastic 17 being recycled by July 2010 will not be met. 18 (3) This Part does not apply to such beverage containers until 19 6 months after the date on which the notice is published in the 20 Gazette, or until a later date specified in the notice. 21 18D Introduction of beverage container deposit scheme if National 22 Packaging Covenant targets are not met when Covenant expires in 23 2010 24 (1) The object of this section is to set out the circumstances in which, 25 following the expiry of the National Packaging Covenant on 26 30 June 2010 (the expiry date), the Minister must declare that 27 this Part applies to beverage containers made wholly or mainly of 28 a relevant material. 29 (2) The Minister must, before 1 October 2010, declare that this Part 30 applies, on and from 1 January 2011: 31 (a) to beverage containers made wholly or mainly of paper or 32 cardboard if it appears to the Minister that, by the expiry 33 date, less than 70% of post-consumer packaging that is 34 made wholly or mainly of paper or cardboard is being 35 recycled, or 36 (b) to beverage containers made wholly or mainly of glass if it 37 appears to the Minister that, by the expiry date, less than 38 50% of post-consumer packaging that is made wholly or 39 mainly of glass is being recycled, or 40 Page 6
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Amendment Schedule 1 (c) to beverage containers made wholly or mainly of steel if it 1 appears to the Minister that, by the expiry date, less than 2 60% of post-consumer packaging that is made wholly or 3 mainly of steel is being recycled, or 4 (d) to beverage containers made wholly or mainly of 5 aluminium if it appears to the Minister that, by the expiry 6 date, less than 80% of post-consumer packaging that is 7 made wholly or mainly of aluminium is being recycled, or 8 (e) to beverage containers made wholly or mainly of plastic if 9 it appears to the Minister that, by the expiry date, less than 10 30% of post-consumer packaging that is made wholly or 11 mainly of plastic is being recycled. 12 Division 3 Labelling of beverage containers 13 18E Beverage containers must be labelled as refundable 14 A person must not sell a beverage container unless the container 15 is labelled "10 cent refund payable at any authorised NSW 16 collection depot". 17 Maximum penalty: 100 penalty units. 18 18F Regulations may impose further labelling requirements 19 (1) The regulations may impose further requirements relating to the 20 labelling of beverage containers in connection with the operation 21 of this Act. 22 (2) A person must not sell a beverage in a beverage container unless 23 the container is labelled in accordance with any such regulations. 24 Maximum penalty: 100 penalty units. 25 Division 4 Establishment or approval of collection 26 depots 27 18G Establishment or approval of collection depots 28 (1) The Minister may establish, or approve the establishment of, 29 collection depots for the collection of empty beverage containers 30 for the purposes of this Part. 31 (2) Without limiting the types of collection depots that may be 32 established or approved: 33 (a) such collection depots may involve manual or mechanised 34 handling facilities (including reverse vending machines), 35 and 36 Page 7
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Schedule 1 Amendment (b) any of the following types of collection depots may be 1 approved: 2 (i) council depots, 3 (ii) community centres and community based facilities, 4 (iii) depots at shopping centres and centre car parks, 5 (iv) "drive through" recycling centres, 6 (v) depots at service stations or other retailers. 7 (3) The regulations may make provision for or with respect to the 8 following: 9 (a) the establishment or approval of the establishment of 10 collection depots, 11 (b) collection depot design, 12 (c) the operation and location of collection depots. 13 Division 5 Refund scheme 14 18H Collection depot to pay refund 15 (1) A person who accepts the return of an unbroken empty beverage 16 container to which this Part applies at a collection depot must pay 17 the person who returns it the amount of the refund value. 18 Maximum penalty: 50 penalty units. 19 (2) The operator of a collection depot must not refuse to accept any 20 unbroken empty beverage container to which this Part applies 21 that is returned to the collection depot. 22 Maximum penalty: 50 penalty units. 23 18I Collection depots to report on refunds paid 24 (1) A person in charge of a collection depot must report to the 25 Minister on the number of empty beverage containers accepted at 26 the collection depot in each month. 27 (2) That report must be made within the time, and in the manner, 28 prescribed by the regulations. 29 Page 8
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Amendment Schedule 1 Division 6 Reimbursement of collection depots 1 18J Reimbursement of collection depots 2 The Scheme Administrator is to pay to each collection depot each 3 month, from the Central Account, the sum of the following: 4 (a) the total amount of refund value paid by the collection 5 depot over the previous calendar month, and 6 (b) the processing fee prescribed by the regulations. 7 Division 7 Distribution of unredeemed deposits 8 18K Use of unredeemed deposits 9 (1) This section applies if, at the end of any calendar year, there is a 10 credit in the Central Account (that is, more beverage container 11 tax was collected than refunds or processing fees were paid out). 12 (2) If this section applies, the Management Committee may direct 13 the Scheme Administrator to use all or any part of that credit 14 amount for any of the following, or to distribute all or any part of 15 that credit amount to any person or body approved by the Scheme 16 Administrator for use for any of the following: 17 (a) market creation and support for collected beverage 18 containers and materials, 19 (b) financial support for kerbside recycling services (that is, 20 services involving the collection by or on behalf of local 21 councils of containers that have been separated for 22 recycling by occupants of residences or businesses), 23 (c) further offsetting the collection industry costs for the 24 operation of the beverage container deposit scheme 25 created by this Part, 26 (d) product development to improve the recyclability and 27 reusability of beverage containers, 28 (e) other activities and programs connected with recycling 29 that are approved by the Management Committee. 30 (3) The regulations may make provision for or with respect to the 31 calculation and distribution of the credit amount under this 32 section. 33 Page 9
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Schedule 1 Amendment Division 8 Administration and management of scheme 1 18L Scheme Administrator to be appointed by Minister 2 (1) The Minister is to appoint a person, to be known as the Beverage 3 Container Deposit Scheme Administrator to act as the 4 administrator of the scheme established by this Part. 5 (2) The functions of the Scheme Administrator are as follows: 6 (a) to oversee the operation of this Part, 7 (b) to make payments under section 18J (Reimbursement of 8 collection depots), 9 (c) to report to the Management Committee on the following: 10 (i) the administration and management of the Central 11 Account, 12 (ii) scheme operations, 13 (iii) data about recycling rates and individual collection 14 depots, 15 (iv) such other matter as the Minister or the 16 Management Committee may refer to the Scheme 17 Administrator. 18 (3) The regulations may make provision for or with respect to the 19 keeping of accounts by the Scheme Administrator. 20 18M Container Deposit Management Committee 21 (1) There is constituted by this Act a Container Deposit Management 22 Committee. 23 (2) The functions of the Management Committee are as follows: 24 (a) to provide advice to the Minister on any matter on which 25 the Minister requests advice and on any other matter 26 concerning the operation of this Part that the Management 27 Committee thinks fit, 28 (b) to oversee the expenditure of the Central Account, 29 (c) such other functions relating to the operation of this Part as 30 may be determined by the Minister. 31 (3) The Management Committee is to consist of 4 members 32 appointed by the Minister. 33 Page 10
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Amendment Schedule 1 (4) Of the members: 1 (a) one is to be appointed as a representative of local 2 government, and 3 (b) one is to be appointed as a representative of community 4 groups or environmental groups, and 5 (c) one is to be appointed as a representative of the 6 Department of Environment and Climate Change, and 7 (d) one is to be appointed as a representative of the beverage 8 packaging industry. 9 (5) Administrative support for the Management Committee is to be 10 provided by the Department of Environment and Climate 11 Change. 12 (6) The regulations may make provision for or with respect to the 13 constitution and procedure of the Management Committee. 14 Division 9 Central Account 15 18N Establishment of Central Account 16 The Minister is to establish and maintain a fund to be known as 17 the Beverage Container Deposit Scheme Central Account (the 18 Central Account). 19 18O Administration and management of Central Account 20 (1) The Central Account is to be administered and managed by the 21 Scheme Administrator. 22 (2) The Scheme Administrator is to report to the Management 23 Committee on the administration and management of the Central 24 Account as often as, and in the terms that, the Management 25 Committee requires. 26 (3) The regulations may make provision for or with respect to the 27 management of the Central Account. 28 18P Payments into Central Account 29 There is payable into the Central Account such funds as are 30 required to be paid into the Account by or under any other Act. 31 18Q Payments from the Central Account 32 The following are to be paid from the Central Account: 33 (a) payments required to be made under section 18J 34 (Reimbursement of collection depots), 35 Page 11
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Schedule 1 Amendment (b) payments authorised by section 18K (Use of unredeemed 1 deposits), 2 (c) any other payments authorised by the regulations or under 3 this or any other Act. 4 18R Investment of money in the Central Account 5 Money to the credit of the Central Account may be invested in 6 any manner authorised by the regulations. 7 Division 10 Barcoding of beverage containers 8 18S Supply of barcode 9 A person who imports or produces a beverage container must 10 supply to the Management Committee, in accordance with the 11 regulations, details of any barcode affixed to the beverage 12 container. 13 Maximum penalty: 20 penalty units. 14 Division 11 Review of refund value 15 18T Review of refund value 16 (1) The Minister must review the amount of the refund value at least 17 once every 5 years after the commencement of this Part. 18 (2) In conducting that review, the Minister must have regard to the 19 minimum refund value necessary to maintain the appropriate 20 level of incentive: 21 (a) for manufacturers, distributors and consumers of 22 beverages in beverage containers to reuse or recycle 23 beverage containers, and 24 (b) to ensure high rates of recovery of the beverage containers 25 to which this Part applies or may apply, and 26 (c) to reduce litter and litter-related costs, and 27 (d) to reduce waste, disposal and recycling costs, and 28 (e) to conserve resources. 29 Division 12 Regulations 30 18U Regulations concerning beverage container deposit scheme 31 The regulations may make provision for or with respect to any 32 matters relevant to the beverage container deposit scheme 33 established by this Part. 34 Page 12
Waste Avoidance and Resource Recovery (Container Recovery) Bill 2008 Amendment Schedule 1 Division 13 Exemptions from application of Part 1 18V Exemption of certain beverage containers by regulation 2 (1) The regulations may exempt beverage containers of a specified 3 class from the application of this Part, or specified provisions of 4 this Part, either unconditionally or subject to conditions specified 5 in the regulations. 6 (2) A regulation made for the purposes of this section must not be 7 made unless: 8 (a) the Minister has given notice of the proposal to make the 9 regulation by publishing a notice: 10 (i) in the Gazette, and 11 (ii) in a daily newspaper circulating throughout New 12 South Wales, and 13 (iii) in any relevant trade, professional, business or 14 public interest journal, and 15 (b) that notice invited comments and submissions on the 16 proposed exemption within a specified time, but not less 17 than 21 days from the last publication of the notice, and 18 (c) the Minister has taken into account all comments and 19 submissions received by the Minister within the time 20 specified in the notice, and 21 (d) the Minister has tabled in both Houses of Parliament a 22 statement of the Minister's reasons for recommending the 23 making of the regulation. 24 18W Part does not apply to existing beverage containers 25 This Part does not apply to beverage containers produced before 26 the date on which a declaration under section 18C or 18D took 27 effect in relation to beverage containers of that material. 28 Page 13
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