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This is a Bill, not an Act. For current law, see the Acts databases.
WASTE MINIMISATION (CONTAINER RECOVERY) AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Dr Deb Foskey)
Waste Minimisation
(Container Recovery) Amendment Bill 2008
A Bill for
An Act to amend the
Waste Minimisation Act
2001, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Waste Minimisation (Container Recovery) Amendment Act
2008.
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Waste Minimisation Act 2001.
4 New part 2A
insert
Part 2A Container
recovery
Division 2A.1 General
20A Definitions—pt 2A
beverage means a liquid intended for human
consumption by drinking, including—
(a) any carbonated or non-carbonated soft drink, fruit juice or water;
or
(b) any alcoholic drink; or
(c) milk, including animal milk, soy milk and flavoured or processed milk;
or
(d) any other liquid declared by regulation.
beverage container means a sealed container, containing a
beverage, that is produced for sale to the consumer of the beverage.
beverage container contribution—see section
20I.
collection depot—see section 20H.
container deposit fund means the fund established under
section 20Q.
labelled includes embossed, painted or stamped.
management committee—see section 20O.
national packaging covenant means The National Packaging
Covenant: a commitment to the sustainable manufacture, use and recovery of
packaging agreed to by the Environment Protection and Heritage Council on 1
July 2005 and to which the Territory is a signatory.
Note For information about the Environment Protection and Heritage
Council—see www.ephc.gov.au.
post-consumer packaging means material (including empty used
beverage containers) that—
(a) is generated by householders or by commercial, industrial and
institutional facilities as end users of products that were packaged;
and
(b) can no longer be used for its intended purpose.
refund value means 10 cents, or any higher amount prescribed
by regulation.
Note A higher amount may be prescribed following a review of the
refund value (see s 20Y).
relevant material means paper (including cardboard), glass,
steel, aluminium or plastic.
scheme administrator—see section
20N.
sell means sell, or offer to sell, to a person in the ACT or
for delivery in the ACT.
Division 2A.2 Introduction and application
of container recovery scheme
20B Application of pt 2A—declaration by
Minister
(1) This part applies to beverage containers made wholly or mainly of a
relevant material only if the Minister declares that this part applies to
beverage containers made wholly or mainly of that material.
(2) However, this does not apply to the beverage containers
until—
(a) 6 months after the declaration is made; or
(b) if another date is stated in the declaration—that
date.
(3) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
20C No application to existing
containers
This part does not apply to a beverage container manufactured before the
day this part would, apart from this section, apply to the beverage
container.
Note A regulation may exempt beverage containers from the
application of this part (see s 20W).
20D Declaration following 2008
review
(1) The Minister must declare that this part applies to beverage
containers made wholly or mainly of a relevant material if, not later than 3
months after the day the Minister is given the 2008 review it appears to the
Minister that—
(a) for beverage containers made wholly or mainly of paper or
cardboard—
(i) less than 68.5% of post-consumer packaging that is made wholly or
mainly of paper or cardboard (paper packaging) is being recycled;
or
(ii) the target of recycling 70–80% of paper packaging by
31 July 2010 will not be met; or
(b) for beverage containers made wholly or mainly of
glass—
(i) less than 46.25% of post-consumer packaging that is made wholly or
mainly of glass (glass packaging) is being recycled; or
(ii) the target of recycling 50–60% of glass packaging by
31 July 2010 will not be met; or
(c) for beverage containers made wholly or mainly of
steel—
(i) less than 56% of post-consumer packaging that is made wholly or mainly
of steel (steel packaging) is being recycled; or
(ii) the target of recycling 60–65% of steel packaging by
31 July 2010 will not be met; or
(d) for beverage containers made wholly or mainly of
aluminium—
(i) less than 68.5% of post-consumer packaging that is made wholly or
mainly of aluminium (aluminium packaging) is being recycled;
or
(ii) the target of recycling 80–85% of aluminium packaging by
31 July 2010 will not be met; or
(e) for beverage containers made wholly or mainly of
plastic—
(i) less than 33.75% of post-consumer packaging that is made wholly or
mainly of plastic (plastic packaging) is being recycled;
or
(ii) the target of recycling 40–45% of plastic packaging by
31 July 2010 will not be met.
(2) In this section:
2008 review means the 2008 review required by the national
packaging covenant.
20E Declaration following expiry of national
packaging covenant
(1) This section applies if, before 30 June 2010 (the expiry
date), a declaration has not been made under section 20D (Declaration
following 2008 review) in relation to beverage containers made wholly or mainly
of a relevant material.
Note The national packaging covenant expires on 30 June
2010.
(2) The Minister must, before 1 October 2010, declare that this part
applies, on and from 1 January 2011, to beverage containers made wholly or
mainly of the relevant material if, it appears to the Minister
that—
(a) for beverage containers made wholly or mainly of paper or
cardboard—less than 70% of post-consumer packaging that is made wholly or
mainly of paper or cardboard is being recycled by the expiry date; or
(b) for beverage containers made wholly or mainly of glass—less than
50% of post-consumer packaging that is made wholly or mainly of glass is being
recycled by the expiry date; or
(c) for beverage containers made wholly or mainly of steel—less than
60% of post-consumer packaging that is made wholly or mainly of steel is being
recycled by the expiry date; or
(d) for beverage containers made wholly or mainly of aluminium—less
than 80% of post-consumer packaging that is made wholly or mainly of aluminium
is being recycled by the expiry date; or
(e) for beverage containers made wholly or mainly of plastic—less
than 30% of post-consumer packaging that is made wholly or mainly of plastic is
being recycled by the expiry date.
Division 2A.3 Labelling
containers
20F Container must be labelled
A beverage container must bear a label that—
(a) contains the statement “refund payable at any authorised ACT
collection depot”; and
(b) is in accordance with anything prescribed by regulation.
Example
a regulation may prescribe the size of a label for a particular kind of
container
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
20G Offence to sell unlabelled
container
(1) A person commits an offence if—
(a) the person sells a beverage container; and
(b) the container does not bear a label that complies with
section 20F.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability
offence.
Division 2A.4 Collection
depots
20H Establishment or approval of collection
depots
(1) The Minister may establish or approve a depot (a collection
depot) for the collection of empty beverage containers for this
part.
(2) Without limiting subsection (1), any of the following may be approved
as a collection depot:
(a) a community centre or community based facility;
(b) a depot at a shopping centre or centre car park;
(c) a drive-through recycling centre;
(d) a depot at a service station or other retailer.
(3) A regulation may make provision in relation to—
(a) the establishment or approval of collection depots; or
(b) the design of collection depots; or
(c) the operation and location of collection depots.
Example—par (b)
manual or mechanised handling facilities
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Division 2A.5 Contribution, refund and
reimbursement
20I Beverage container
contributions
(1) This section applies if a person manufactures, or brings into the ACT,
a beverage container.
(2) The person is liable to pay a contribution (the beverage
container contribution) for each beverage container.
(3) The amount of the contribution is 10 cents, or any higher amount
prescribed by regulation.
(4) The contribution must be paid to the scheme administrator no later
than 14 days after the last day of the month in which the person became liable
to pay the contribution.
Note An amount recovered under this section by the scheme
administrator must be paid into the container deposit fund
(see s 20S).
20J Collection depot must pay refund
value
(1) The operator of a collection depot commits an offence
if—
(a) the operator accepts delivery from a person of an unbroken empty
beverage container at a collection depot; and
(b) the person requests the amount of the refund value for the beverage
container; and
(c) the operator does not give the amount of the refund value to the
person.
Maximum penalty: 50 penalty units.
(2) The operator of a collection depot commits an offence
if—
(a) a person delivers an unbroken empty beverage container to the
collection depot; and
(b) the operator refuses to accept delivery of the beverage
container.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability
offence.
20K Collection depot must report on refund value
paid
(1) The operator of a collection depot must give the scheme administrator
a report detailing—
(a) the number of empty beverage containers accepted at the collection
depot in each month; and
(b) the amount of refund value paid in relation to the beverage
containers.
(2) The report must be in the form, and contain the information,
prescribed by regulation.
20L Reimbursement to collection
depots
The scheme administrator must, after receiving a collection depot’s
report under section 20K, pay to the depot from the container deposit
fund—
(a) the total amount of refund value paid by the collection depot for
unbroken empty beverage containers in the period covered by the report;
and
(b) any processing fee prescribed by regulation.
20M Use of unused refund value
amounts
(1) This section applies if, at the end of a financial year, there is a
credit amount in the container deposit fund.
(2) The management committee may direct the scheme administrator to use,
or distribute, all or part of the credit amount for a purpose mentioned in
section 20R (Purpose of container deposit fund).
(3) A regulation may make provision in relation to the working out, use or
distribution of a credit amount for this section.
Division 2A.6 Administration of
scheme
20N Scheme administrator
(1) The Minister must appoint a beverage container deposit scheme
administrator (the scheme administrator).
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(2) The scheme administrator has the following functions:
(a) to oversee the operation of this part;
(b) to make payments from the container deposit fund;
(c) to report to the management committee on the following:
(i) the operation of this part generally;
(ii) the administration of the container deposit fund;
(iii) data about recycling rates and individual collection
depots;
(iv) any other matter the Minister or management committee
requests.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
(3) A regulation may make provision in relation to how records and
accounts are to be kept by the scheme administrator.
20O Container deposit management
committee
(1) The container deposit management committee (the management
committee) is established.
(2) The management committee consists of 4 members appointed by the
Minister.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(3) The Minister must ensure that the committee members
include—
(a) a government representative; and
(b) a representative of community or environmental groups; and
(c) a representative of the beverage packaging industry; and
(d) another person who, in the Minister’s opinion, has
qualifications or experience relevant to assisting the committee to carry out
its functions.
(4) A regulation may provide for the procedure of the management
committee.
20P Functions of management
committee
The management committee has the following functions:
(a) to advise the Minister on any matter on which the Minister requests
advice and on any other matter concerning the operation of this part that the
management committee thinks fit;
(b) to oversee the administration of the container deposit fund;
(c) any other function relating to the operation of this part determined
by the Minister.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Division 2A.7 Container deposit
fund
20Q Establishment of container deposit
fund
The scheme administrator must establish a container deposit fund.
20R Purpose of container deposit
fund
The purpose of the container deposit fund is to provide
funding—
(a) to create and support a market for collected beverage containers and
material derived from them; and
(b) for financial support for kerbside recycling services; and
(c) to offset the costs incurred by collection depots; and
(d) to develop ways of improving the recyclability and reusability of
beverage containers; and
(e) to support other activities and programs connected with recycling that
are approved by the management committee.
Example—par (e)
education campaigns
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
20S Payments into container deposit
fund
The following must be paid into the container deposit fund:
(a) all money received from beverage container contributions;
(b) all money appropriated by the Territory for the fund;
(c) the proceeds of the investment of money in the fund;
Note The scheme administrator may invest money in the container
deposit fund which is not immediately required for the fund
(see s 20V).
(d) all other money directed or authorised to be paid into the fund under
this Act or another Act.
20T Payments out of container deposit
fund
There is payable from the container deposit fund—
(a) payments required to be made under section 20L (Reimbursement to
collection depots); and
(b) payments authorised under section 20M (Use of unused refund value
amounts); and
(c) any payments required to meet administrative expenses related to the
fund; and
(d) any other payments authorised under this or any other Act.
20U Administration of container deposit
fund
(1) The scheme administrator administers the container deposit
fund.
(2) The scheme administrator must report to the management committee on
the administration of the container deposit fund in the way, and when, the
management committee requires.
(3) A regulation may make provision in relation to the administration of
the container deposit fund.
20V Investment of money in the container deposit
fund
The scheme administrator may invest money in the container deposit fund
which is not immediately required for the fund—
(a) in any way that the Treasurer is authorised to invest money under the
Financial Management Act 1996; or
(b) in any other way approved by the Minister or provided for under a
regulation.
Division
2A.8 Exemptions
20W Regulation may exempt
A regulation may exempt beverage containers from the application of this
part.
Division
2A.9 Miscellaneous
20X Barcodes to be notified
(1) This section applies if a person manufactures in the ACT, or brings
into the ACT, a beverage container that has a barcode on it.
(2) The person commits an offence if the person does not give the
management committee details of the barcode—
(a) as prescribed by regulation; and
(b) within the time prescribed by regulation.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability
offence.
20Y Review of refund value
(1) The Minister must review the refund value at least once every 5
years.
(2) In conducting the review, the Minister must have regard to the minimum
refund value necessary to—
(a) encourage manufacturers, distributors and consumers of beverages in
beverage containers to reuse or recycle beverage containers; and
(b) ensure high rates of recovery of the beverage containers to which this
part applies or will apply; and
(c) reduce litter and litter-related costs; and
(d) conserve resources generally.
5 Dictionary, new definitions
insert
beverage, for part 2A (Container recovery)—see section
20A.
beverage container, for part 2A (Container
recovery)—see section 20A.
beverage container contribution, for part 2A (Container
recovery)—see section 20I.
collection depot, for part 2A (Container recovery)—see
section 20H.
container deposit fund, for part 2A (Container
recovery)—see section 20A.
6 Dictionary, definition of
covenant
omit
7 Dictionary, new definitions
insert
labelled, for part 2A (Container recovery)—see section
20A.
management committee, for part 2A (Container
recovery)—see section 20O.
national packaging covenant, for part 2A (Container
recovery)—see section 20A.
post-consumer packaging, for part 2A (Container
recovery)—see section 20A.
refund value, for part 2A (Container recovery)—see
section 20A.
relevant material, for part 2A (Container recovery)—see
section 20A.
scheme administrator, for part 2A (Container
recovery)—see section 20N.
sell, for part 2A (Container recovery)—see section
20A.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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