Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection Amendment (Beverage
Container Deposit and Recovery Scheme) Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Amendment of section 4--Definitions 2
4 New Division 6 inserted in Part IX of the Environment
Protection Act 1970 3
Division 6--Beverage Container Deposit and Recovery
Scheme 3
52 Objective 3
52A Purpose 4
52B Beverage Container Deposit and Recovery Scheme 4
52C Functions of the Authority 4
52D Importer or producer of beverage container is liable to
pay beverage container environmental levy 5
52E Amount of beverage container environmental levy 6
52F When beverage container environmental levy must be
paid 6
52G Beverage containers must be labelled as refundable 7
52H Prescribed labelling requirements 7
52I Authorised collection depots 7
52J Authorised transfer stations 8
52K Offence to claim refund on beverage container
purchased outside Victoria 9
52L Authorised collection depot or authorised transfer
station to pay refund 11
52M Review of refund value 12
52N Exemption 12
52O Division does not extend to existing beverage
containers 13
5 Amendment of section 70--Environment Protection Fund 14
6 Amendment of section 71--Regulations 14
7 Repeal of amending Act 15
ENDNOTES 16
561PM10B.I-5/5/2009 i BILL LC INTRODUCTION 5/5/2009
PARLIAMENT OF VICTORIA
Introduced in the Council by Ms Colleen Hartland
Environment Protection Amendment
(Beverage Container Deposit and
Recovery Scheme) Bill 2009
A Bill for an Act to amend the Environment Protection Act 1970 to
make further provision for environmentally sustainable uses of
resources and best practices in waste management by establishing a
beverage container deposit and recovery scheme to be administered by
the Environment Protection Authority and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Environment Protection Act 1970 to establish a
beverage container deposit and recovery scheme
5 to be administered by the Environment Protection
Authority.
561PM10B.I-5/5/2009 1 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 2
2 Commencement
This Act comes into operation on 1 July 2010.
3 Amendment of section 4--Definitions
See: In section 4(1) of the Environment Protection
Act No.
5 8056. Act 1970 insert the following definitions--
Reprint No. 16
as at "authorised collection depot means a premises
16 July 2007
and
authorised by the Authority under
amending section 52I for the collection of empty
Act Nos
62/2005,
beverage containers;
4/2008,
10 20/2008 and authorised transfer station means a premises
44/2008. authorised by the Authority under
LawToday:
www. section 52J to be an authorised transfer
legislation. station;
vic.gov.au
beverage means--
15 (a) any carbonated or non-carbonated soft
drink, fruit juice or water; or
(b) any alcoholic drink, including brandy,
gin, rum, whisky, cordials containing
spirits, wine, cider, perry, mead, ale,
20 porter, beer or any other spirituous,
malt, vinous or fermented liquor; or
(c) milk, including animal milk, soy milk
or processed milk; or
(d) any other liquid intended for human
25 consumption by drinking that is
prescribed to be a beverage--
but does not include a beverage of a class
that is prescribed not to be a beverage;
beverage container means a container containing
30 a beverage that is produced for the sale of the
beverage in a sealed form to the consumer,
being a container which has a capacity not
exceeding 4 litres and is of any of the
following types--
561PM10B.I-5/5/2009 2 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
(a) a plastic or glass bottle;
(b) an aluminium or steel can;
(c) a liquid paperboard or composite
carton;
5 (d) a composite container--
but does not include a beverage container of
a class that is prescribed not to be a beverage
container;
beverage container environmental levy means the
10 levy imposed under section 52D;
import means import or bring into Victoria from
another State or a Territory or other country;
labelled includes embossed, painted or stamped;
refund value means 10 cents, or any higher
15 amount prescribed following a review
conducted in accordance with section 52L;
Scheme means the Beverage Container Deposit
and Recovery Scheme established by
section 52B;".
20 4 New Division 6 inserted in Part IX of the
Environment Protection Act 1970
After Division 5 of Part IX of the Environment
Protection Act 1970 insert--
"Division 6--Beverage Container Deposit and
25 Recovery Scheme
52 Objective
The objective of this Division is to promote
the principles of environment protection by
regulating the use, sale and recovery of
30 beverage containers.
561PM10B.I-5/5/2009 3 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
52A Purpose
The purpose of this Division is to give effect
to the objective specified in section 52 by
establishing a Beverage Container Deposit
5 and Recovery Scheme the operation of
which is to be funded by the beverage
container environmental levy.
52B Beverage Container Deposit and Recovery
Scheme
10 There is established a Beverage Container
Deposit and Recovery Scheme which is to be
administered by the Authority.
52C Functions of the Authority
(1) The functions of the Authority in
15 administering the Scheme are to--
(a) manage the operation of the Scheme
having regard to the objective specified
in section 52;
(b) collect the beverage container
20 environmental levy;
(c) grant exemptions under section 52N;
(d) authorise a premises to be an authorised
collection depot;
(e) authorise a premises to be an authorised
25 transfer station;
(f) enter into agreements with the
operators of authorised collection
depots and authorised transfer stations;
(g) facilitate and promote the Scheme;
30 (h) provide grants or other financial
incentives to encourage the use of
recyclable and reusable containers and
561PM10B.I-5/5/2009 4 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
the increased use of recycled material
from beverage containers;
(i) provide information and advice to the
Minister in relation to the operation of
5 the Scheme.
(2) Without limiting the generality of
subsections (1)(g) and (1)(h), the Authority
may use any available funds for any of the
following purposes--
10 (a) market creation and support for
collected beverage containers and
materials;
(b) financial support for kerbside recycling
services (that is, services involving the
15 collection by or on behalf of municipal
councils of containers that have been
separated for recycling by occupants of
residences or businesses);
(c) further offsetting the collection industry
20 costs for the operation of the Scheme;
(d) product development to improve the
recyclability and reusability of
beverage containers;
(e) other activities and programs connected
25 with recycling which the Authority
considers will facilitate
environmentally sustainable uses of
resources and promote best practices in
waste management.
30 52D Importer or producer of beverage
container is liable to pay beverage
container environmental levy
Unless an exemption granted under
section 52N applies, a person who imports a
35 beverage container into Victoria or produces
561PM10B.I-5/5/2009 5 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
a beverage container in Victoria is liable to
pay a beverage container environmental levy
payable for each beverage container in
accordance with section 52F.
5 Penalty: 2400 penalty units and in the case
of a continuing offence a daily
penalty of 1200 penalty units for
each day the offence continues
after a finding of guilt or after
10 service by the Authority on the
defendant of notice of
contravention of this section.
52E Amount of beverage container
environmental levy
15 The amount of the beverage container
environmental levy is--
(a) 10 cents; or
(b) if the regulations prescribe a higher
amount for the purposes of this section,
20 that amount--
for each beverage container.
52F When beverage container environmental
levy must be paid
A person who is liable to pay the beverage
25 container environmental levy must pay the
levy to the Authority within 14 days after the
end of the month in which the beverage
container was sold by that person in Victoria
to a wholesaler, retailer or individual.
30 Penalty: 100 penalty units.
561PM10B.I-5/5/2009 6 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
52G Beverage containers must be labelled as
refundable
A person must not sell a beverage container
unless the container is labelled "X refund at
5 an authorised collection depot when sold
in Victoria".
Penalty: 100 penalty units.
Note
X means 10 cents or the higher amount prescribed
10 under section 52E.
52H Prescribed labelling requirements
If any labelling requirements are prescribed
in relation to beverage containers, a person
must not sell a beverage container unless the
15 container is labelled in accordance with the
relevant prescribed labelling requirements.
Penalty: 100 penalty units.
52I Authorised collection depots
(1) The Authority may approve a premises to be
20 an authorised collection depot.
(2) The Authority may enter into an agreement
with the operator of an authorised collection
depot in respect of the location, operation
and functions of the authorised collection
25 depot.
(3) Without limiting the generality of subsection
(2), an agreement under subsection (2) may
include provisions relating to--
(a) the delivery of sorted empty beverage
30 containers to an authorised transfer
station;
561PM10B.I-5/5/2009 7 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
(b) the payment to the operator of the
authorised collection depot of the
refund value paid by the authorised
collection depot;
5 (c) the payment of any penalty by the
operator of the authorised collection
depot for a failure to comply with the
agreement.
(4) Without limiting the types of collection
10 depots that may be authorised--
(a) collection depots may involve manual
or mechanised handling facilities,
including reverse vending machines;
and
15 (b) any of the following may be authorised
as collection depots--
(i) council sites;
(ii) community centres and
community-based facilities;
20 (iii) shopping centres and centre car
parks;
(iv) service stations or other retailers;
(v) schools;
(vi) "drive through" recycling centres;
25 (vii) authorised transfer stations.
52J Authorised transfer stations
(1) The Authority may approve a premises to be
an authorised transfer station.
(2) The Authority may enter into an agreement
30 with the operator of an authorised transfer
station in respect of the location, operation
and functions of the authorised transfer
station.
561PM10B.I-5/5/2009 8 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
(3) Without limiting the generality of
subsection (2), an agreement under
subsection (2) may include provisions
relating to--
5 (a) the receiving and processing of empty
beverage containers;
(b) the payment to the operator of the
authorised transfer station of the refund
value paid by the authorised transfer
10 station;
(c) the sale of processed materials;
(d) the payment of any penalty by the
operator of the authorised transfer
station for a failure to comply with the
15 agreement;
(e) the submission of a monthly report to
the Authority on the number and types
of empty beverage containers received
and processed.
20 (4) After the period of 12 months from the
commencement of the Environment
Protection Amendment (Beverage
Container Deposit and Recovery Scheme)
Act 2009, an agreement entered into under
25 subsection (2) may include, or may be
amended to include, provisions relating to
accepting and paying a refund on crushed
and broken empty beverage containers using
an estimate of the refund value.
30 52K Offence to claim refund on beverage
container purchased outside Victoria
(1) A person must not present to an authorised
collection depot or authorised transfer station
for the purpose of claiming the amount of the
35 refund value a beverage container which the
561PM10B.I-5/5/2009 9 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
person knows or has reason to believe was
not purchased in Victoria.
Penalty: 240 penalty units.
(2) Subject to subsection (3), the operator of an
5 authorised collection depot or authorised
transfer station may request any person
presenting a beverage container for the
purpose of claiming the amount of the refund
value to complete a declaration in the
10 prescribed form stating that the person has
no reason to believe that the beverage
container was not purchased in Victoria.
(3) If within any period of 48 hours a person
presents 3000 or more beverage containers to
15 an authorised collection depot or authorised
transfer station for the purpose of claiming
the amount of the refund value, the operator
of the authorised collection depot or
authorised transfer station must request the
20 person to complete the declaration referred
to in subsection (2).
Penalty: 100 penalty units.
(4) The operator of an authorised collection
depot or authorised transfer station must not
25 pay the amount of the refund value to a
person who has not complied with a request
made under subsection (2) or (3).
Penalty: 100 penalty units.
(5) The operator of an authorised collection
30 depot or authorised transfer station must--
(a) keep any declaration made under this
section for a period of 3 years after it is
made; and
561PM10B.I-5/5/2009 10 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
(b) have the declaration readily available
for inspection at any reasonable time by
an authorized officer.
Penalty: 300 penalty units.
5 52L Authorised collection depot or authorised
transfer station to pay refund
(1) A person who accepts the return of an
unbroken empty beverage container at an
authorised collection depot or authorised
10 transfer station must pay the person who
returns it the amount of the refund value.
(2) Subject to subsections (3) and (4), the
operator of an authorised collection depot
must not unreasonably refuse to accept any
15 unbroken empty beverage container labelled
in accordance with section 52G that is
returned to the authorised collection depot.
Penalty: 35 penalty units.
(3) The operator of an authorised collection
20 depot may refuse to accept the return of a
beverage container if--
(a) the beverage container is in an unsafe
condition; or
(b) the operator has reason to believe that
25 the beverage container was not sold to a
wholesaler, retailer or individual in
Victoria; or
(c) a request to complete a declaration
under section 52K in respect of the
30 beverage container has not been
complied with.
561PM10B.I-5/5/2009 11 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
(4) A reverse vending machine may be operated
so as to not accept the return of a beverage
container labelled in accordance with
section 52G which is returned in a condition
5 which prevents the reverse vending machine
from reading the label.
52M Review of refund value
(1) The Authority must review the amount of the
refund value at least once every 5 years after
10 the commencement of this Division.
(2) In conducting that review, the Authority
must have regard to the minimum refund
value necessary to maintain the appropriate
level of incentive--
15 (a) for producers, distributors and
consumers of beverages in beverage
containers to reuse or recycle beverage
containers;
(b) to ensure high rates of recovery of
20 beverage containers;
(c) to reduce litter and litter-related costs;
(d) to reduce waste, disposal and recycling
costs;
(e) to conserve resources.
25 52N Exemption
(1) A person may apply to the Authority in the
form approved by the Authority for an
exemption wholly or partly from
section 52D.
30 (2) The Authority must within the prescribed
period grant an exemption under this section
if the Authority is satisfied that the criteria
and considerations prescribed for the
purposes of this section apply.
561PM10B.I-5/5/2009 12 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 4
(3) The Authority must within the prescribed
period advise the applicant in writing--
(a) as to the decision of the Authority;
(b) if the Authority grants the exemption,
5 as to the terms and conditions applying
to the exemption;
(c) if the Authority refuses to grant the
exemption, of the reasons for refusing
to grant the exemption.
10 (4) If any of the criteria and considerations
prescribed for the purposes of this section
ceases to apply, the Authority--
(a) may by notice in writing to the holder
of the exemption revoke the exemption
15 granted under this section;
(b) must specify in the notice--
(i) the reason for revoking the
exemption; and
(ii) a reasonable period of time within
20 which the person must comply
with this Division.
(5) If an exemption is revoked under subsection
(4), the person who held the exemption must
comply with this Division within the period
25 specified in the notice under subsection (4).
52O Division does not extend to existing
beverage containers
This Division does not apply to beverage
containers imported into Victoria or
30 produced in Victoria before the
commencement of the Environment
Protection Amendment (Beverage
Container Deposit and Recovery Scheme)
Act 2009.".
561PM10B.I-5/5/2009 13 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 5
5 Amendment of section 70--Environment Protection
Fund
(1) After section 70(3)(aba) of the Environment
Protection Act 1970 insert--
5 "(abb) any money collected as beverage container
environmental levy under Division 6 of
Part IX; and".
(2) After section 70(6C) of the Environment
Protection Act 1970 insert--
10 "(6D) Money paid into the Environment Protection
Fund under subsection (3)(abb) is to be
applied by the Authority for the purposes of
Division 6 of Part IX.".
6 Amendment of section 71--Regulations
15 After section 71(1)(ja) of the Environment
Protection Act 1970 insert--
"(jb) prescribing a class of beverage not to be a
beverage for the purposes of the definition of
beverage;
20 (jc) prescribing a class of beverage container not
to be a beverage container for the purposes
of the definition of beverage container;
(jd) prescribing a higher amount for the purposes
of section 52E;
25 (je) prescribing labelling requirements in relation
to beverage containers for the purposes of
section 52H;
(jf) prescribing criteria and considerations for the
purposes of section 52N;".
561PM10B.I-5/5/2009 14 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
s. 7
7 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561PM10B.I-5/5/2009 15 BILL LC INTRODUCTION 5/5/2009
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561PM10B.I-5/5/2009 16 BILL LC INTRODUCTION 5/5/2009
[Index] [Search] [Download] [Related Items] [Help]