ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 (NO 2 OF 2011)
Table of Provisions
PART 1--INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Definitions
- 5 Application of Part IIAA of Criminal Code
PART 2--CONTAINER DEPOSIT SCHEME
Division 1--Basic concepts
- 6 Meaning of container
- 7 Meaning of beverage
- 8 Meaning of beverage retailer
- 9 Containers exempted from application of CDS
Division 2--Establishment, waste management arrangements and CDS principles
- 10 CDS established
- 11 Waste management arrangement
- 12 CDS principles
Division 3--Supply of beverages in regulated containers
- 13 Supply of regulated container to beverage retailer
- 14 Beverage retailer sale of beverages in approved container
Division 4--Approval requirements for CDS participants
- 15 Approval required for CDS coordinator
- 16 Approval required for collection depot operator
Division 5--Refund amount entitlement and payments
- 17 No refund for container purchased outside Territory or corresponding jurisdiction
- 18 Collection depot to pay refund amount for empty containers
- 19 How refund amount paid
- 20 Operator of collection depot may be reimbursed for costs
Division 6--CDS approvals
Subdivision 1--Application process for CDS approvals
- 21 Making application
- 22 CEO may require further information
- 23 Considering application
- 24 Conditions of approval
- 25 Notice of decision on application
- 26 Duration of approval
- 27 Renewal of approval
- 28 Approval not transferable
Subdivision 2--Variation of conditions of CDS approvals
- 29 Definitions
- 30 Variation of conditions – CEO's initiative
- 31 Variation of conditions – application by holder
- 32 CEO may require further information
- 33 Consideration of application
- 34 Notice of decision on application
- 35 Failure to decide application
- 36 When variation of conditions takes effect
Subdivision 3--Suspension and cancellation of CDS approvals
- 37 Grounds for suspending or cancelling approval
- 38 Show cause notice
- 39 Representations about show cause notices
- 40 Ending show cause process without further action
- 41 Suspension or cancellation
Subdivision 4--Miscellaneous matters
- 42 Contravention of condition
- 43 CDS approval holders to keep records
- 44 Annual returns by CDS approval holders
- 45 Sign at retail premises
Division 7--Reviews
- 46 Application for review of decision
- 47 Operation and implementation of decision
- 48 Conduct of hearing
Division 8--General
- 49 Minister may establish targets for reuse, recycling or other disposal of approved containers
- 50 Review of CDS
PART 3--PLASTIC BAGS
Division 1--Basic concepts
- 51 Meaning of prohibited plastic bag
- 52 Meaning of biodegradable bag
- 53 Meaning of phase out period and prohibition day
- 54 Part does not apply to exempt person
Division 2--Obligations of retailers and others
- 55 Retailer must make alternative bags available during phase out period
- 56 Retailer must display notices during phase out period
- 57 Obligations of retailer after phase out period
- 58 Manufacturers and distributors must not represent prohibited plastic bags are not prohibited plastic bags
Division 3--General
PART 4--ENFORCEMENT
Division 1--Preliminary matters
- 60 Definitions
- 61 When thing is connected with offence
Division 2--Powers of authorised officers to enter places
- 62 Entry of place – general
- 63 Consent to entry
- 64 Entry of place – search warrant
- 65 Additional powers for entry of vehicle
Division 3--Powers of authorised officers on entry of places
- 66 Powers on entry of place
- 67 Seizure of things
- 68 Retention of things seized
- 69 Authorised officer may use help and force in exercising powers
Division 4--Other enforcement powers
- 70 Power to require name and address
- 71 Power to require information from certain persons
- 72 Power to require CDS approval holder to produce document
Division 5--Offences
- 73 Confidentiality of information
- 74 Misleading information or document
- 75 Obstruction of person acting in official capacity
- 76 Falsely representing to be authorised officer
Division 6--Criminal liability for offences
- 77 Definitions
- 78 Conduct of representative
- 79 Criminal liability of partner in partnership
- 80 Criminal liability of manager of unincorporated association
- 81 Criminal liability of executive officer of body corporate
Division 7--Legal proceedings and evidentiary matters
- 82 Alternative verdicts
- 83 Judicial notice
- 84 Evidentiary certificate
PART 5--ADMINISTRATIVE MATTERS
- 85 Approved forms
- 86 Delegation by CEO
- 87 Authorised officers
- 88 Identity card
- 89 Production of identity card
- 90 Return of identity card
PART 6--MISCELLANEOUS MATTERS
- 91 Protection from liability
- 92 Annual report
- 93 Regulations