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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Container Deposit and Recovery Scheme Bill 2016 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 -- Beverage Container Deposit and Recovery Scheme 4. Beverage Container Deposit and Recovery Scheme 4 5. Functions of the Authority 4 6. Producer or importer of beverage containers liable to pay beverage container environmental levy 5 7. Amount of beverage container environmental levy 5 8. When beverage container environmental levy must be paid 6 9. Beverage Container Environmental Levy Account 6 10. Beverage containers must be labelled as refundable 7 11. Prescribed labelling requirements 7 12. Authorised collection depots 7 13. Authorised transfer stations 8 14. Offence to claim refund on beverage container purchased outside Western Australia or a recognised jurisdiction 9 15. Authorised collection depot or authorised transfer station to pay refund 10 16. Exemption from section 6 11 17. Records and enforcement 12 18. Review of refund amount 12 211--1 page i Container Deposit and Recovery Scheme Bill 2016 Contents Part 3 -- General provisions 19. Relationship with aspects of the Waste Avoidance and Resource Recovery Act 2007 14 20. Protection from liability for wrongdoing 14 21. Regulations 14 22. Transitional provision: Act does not extend to existing beverage containers 15 Defined terms page ii Western Australia LEGISLATIVE ASSEMBLY (Introduced by Mr Christopher Tallentire, MLA) Container Deposit and Recovery Scheme Bill 2016 A Bill for An Act to establish a beverage container deposit and recovery scheme to be administered by the Waste Authority, to impose a levy as part of that scheme, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Container Deposit and Recovery Scheme Bill 2016 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Container Deposit and Recovery Scheme Act 2016. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent(assent day); 8 (b) the rest of the Act -- on the last day of the period of 9 12 months after assent day. 10 3. Terms used 11 authorised collection depot means premises authorised by the 12 Authority under section 12 to be an authorised collection depot; 13 authorised transfer station means premises authorised by the 14 Authority under section 13 to be an authorised transfer station; 15 Authority means the Waste Authority established by the Waste 16 Avoidance and Resource Recovery Act 2007 section 8; 17 BCEL Account means the Beverage Container Environmental 18 Levy Account established under section 9; 19 beverage means -- 20 (a) any carbonated or non-carbonated soft drink, fruit juice 21 or water; or 22 (b) liquor (as defined in the Liquor Control Act 1988 23 section 3(1)) that is a liquid at 20o Celsius; or 24 (c) milk, including animal milk, soy milk or processed milk; 25 or 26 (d) any other liquid intended for human consumption by 27 drinking that is prescribed to be a beverage, 28 but does not include a beverage of a class that is prescribed not 29 to be a beverage; page 2 Container Deposit and Recovery Scheme Bill 2016 Preliminary Part 1 s. 3 1 beverage container means a container, containing a beverage, 2 that is produced for the sale of the beverage in a sealed form to 3 the consumer, that has a capacity not exceeding 3 litres and that 4 is -- 5 (a) a plastic or glass bottle; or 6 (b) an aluminium or steel can; or 7 (c) a liquid paperboard or composite carton; or 8 (d) a composite container, 9 but does not include a beverage container of a class that is 10 prescribed not to be a beverage container; 11 beverage container environmental levy means the levy imposed 12 by this Act; 13 import means to bring, or cause to be brought, into Western 14 Australia; 15 label includes emboss, paint or stamp; 16 recognised jurisdiction means a State or Territory that -- 17 (a) has a beverage container deposit and recovery scheme 18 that is similar to the Scheme under this Act; and 19 (b) is prescribed for the purposes of this definition; 20 refund amount means 10 cents, or any higher amount 21 prescribed following a review conducted in accordance with 22 section 18; 23 Scheme means the Beverage Container Deposit and Recovery 24 Scheme established under section 4. page 3 Container Deposit and Recovery Scheme Bill 2016 Part 2 Beverage Container Deposit and Recovery Scheme s. 4 1 Part 2 -- Beverage Container Deposit and 2 Recovery Scheme 3 4. Beverage Container Deposit and Recovery Scheme 4 The Authority must establish and administer a scheme called the 5 Beverage Container Deposit and Recovery Scheme. 6 5. Functions of the Authority 7 (1) In administering the Scheme the Authority is to -- 8 (a) manage the operation of the Scheme having regard to 9 the provision of environmentally sustainable uses of 10 resources and best practice in waste management; and 11 (b) collect the beverage container environmental levy; and 12 (c) grant exemptions under section 16; and 13 (d) authorise premises to be an authorised collection depot; 14 and 15 (e) authorise premises to be an authorised transfer station; 16 and 17 (f) enter into agreements with the operators of authorised 18 collection depots and authorised transfer stations; and 19 (g) facilitate and promote the Scheme; and 20 (h) provide grants or other financial incentives to encourage 21 the use of recyclable and reusable beverage containers 22 and the increased use of recycled material from 23 beverage containers; and 24 (i) provide information and advice to the Minister in 25 relation to the operation of the Scheme. 26 (2) Without limiting subsection (1), the Authority may use any 27 available funds for any of the following purposes -- 28 (a) market creation and support for collected beverage 29 containers and materials; page 4 Container Deposit and Recovery Scheme Bill 2016 Beverage Container Deposit and Recovery Scheme Part 2 s. 6 1 (b) financial support for kerbside recycling services (that is, 2 services involving the collection by or on behalf of local 3 governments of beverage containers that have been 4 separated for recycling by occupants of residences or 5 businesses); 6 (c) further offsetting the costs of the collection industry 7 from the operation of the Scheme; 8 (d) product development to improve the recyclability and 9 reusability of beverage containers; 10 (e) assistance with supporting recycling of beverage 11 containers in regional and remote communities; 12 (f) other activities and programmes connected with 13 recycling of beverage containers which the Authority 14 considers will facilitate environmentally sustainable use 15 of resources and promote best practice in waste 16 management. 17 6. Producer or importer of beverage containers liable to pay 18 beverage container environmental levy 19 (1) A person who produces a beverage container in Western 20 Australia, or who imports a beverage container into Western 21 Australia, for the purpose of sale within Western Australia is 22 liable to pay a levy (the beverage container environmental 23 levy) for each such beverage container. 24 (2) Subsection (1) does not apply to a person to the extent to which 25 the person is exempt from the subsection under section 16. 26 7. Amount of beverage container environmental levy 27 The beverage container environmental levy is, for each 28 beverage container -- 29 (a) 10 cents; or 30 (b) if the regulations prescribe a higher amount for the 31 purposes of this section, that amount. page 5 Container Deposit and Recovery Scheme Bill 2016 Part 2 Beverage Container Deposit and Recovery Scheme s. 8 1 8. When beverage container environmental levy must be paid 2 A person who is liable to pay a beverage container 3 environmental levy must pay the levy to the Authority within 4 14 days after the end of the month in which the beverage 5 container was sold by that person in Western Australia. 6 Penalty: a fine of $50 000, and a daily penalty of $5 000 for 7 each day during which the offence continues. 8 9. Beverage Container Environmental Levy Account 9 (1) There is to be established and kept as an agency special purpose 10 account established under the Financial Management Act 2006 11 section 16 an account to be called the "Beverage Container 12 Environmental Levy Account". 13 (2) The BCEL Account is to be administered by the Authority. 14 (3) The BCEL Account is to be credited with -- 15 (a) any beverage container environmental levy paid; and 16 (b) income derived from the investment of money forming 17 part of the BCEL Account; and 18 (c) any other money lawfully payable to the credit of the 19 BCEL Account. 20 (4) Money held in the BCEL Account may be applied by the 21 Authority -- 22 (a) for the purposes set out in section 5(2); and 23 (b) in payment of the costs of administering the BCEL 24 Account (including the costs of collecting the beverage 25 container environmental levy). 26 (5) The provisions of the Financial Management Act 2006 and the 27 Auditor General Act 2006 regulating the financial 28 administration, audit and reporting of departments apply to and 29 in relation to the BCEL Account. 30 (6) The administration of the BCEL Account is for the purposes of 31 the Financial Management Act 2006 section 52 to be regarded page 6 Container Deposit and Recovery Scheme Bill 2016 Beverage Container Deposit and Recovery Scheme Part 2 s. 10 1 as a service of the department of the Public Service principally 2 assisting in the administration of this Act. 3 10. Beverage containers must be labelled as refundable 4 (1) A person must not sell a beverage container unless the container 5 is labelled to the following effect: [X] refund at collection 6 depots when sold in Western Australia. 7 Penalty: a fine of $15 000. 8 (2) In subsection (1) -- 9 X means the refund amount. 10 11. Prescribed labelling requirements 11 If any labelling requirements are prescribed in relation to 12 beverage containers, a person must not sell a beverage container 13 unless the container is labelled in accordance with the relevant 14 prescribed labelling requirements. 15 Penalty: a fine of $15 000. 16 12. Authorised collection depots 17 (1) The Authority may authorise premises to be an authorised 18 collection depot, and may amend or revoke such an 19 authorisation. 20 (2) The Authority may enter into an agreement with the operator of 21 an authorised collection depot in respect of the location, 22 operation and functions of the authorised collection depot. 23 (3) Without limiting subsection (2), an agreement may include 24 provisions relating to the following -- 25 (a) the delivery of sorted empty beverage containers to an 26 authorised transfer station; 27 (b) the payment to the operator of the authorised collection 28 depot of an amount equal to the refund amounts paid by 29 the operator in a period; page 7 Container Deposit and Recovery Scheme Bill 2016 Part 2 Beverage Container Deposit and Recovery Scheme s. 13 1 (c) the keeping of records and the inspection of them; 2 (d) the payment of any penalty by the operator of the 3 authorised collection depot for a failure to comply with 4 the agreement. 5 (4) Without limiting the types of collection depots that may be 6 authorised -- 7 (a) collection depots may involve manual or mechanised 8 handling facilities, including reverse vending machines; 9 and 10 (b) any of the following may be authorised as collection 11 depots -- 12 (i) local government sites; 13 (ii) community centres and community-based 14 facilities; 15 (iii) shopping centres and centre car parks; 16 (iv) service stations or other retailers; 17 (v) schools; 18 (vi) "drive through" recycling centres; 19 (vii) authorised transfer stations. 20 13. Authorised transfer stations 21 (1) The Authority may authorise premises to be an authorised 22 transfer station, and may amend or revoke such an authorisation. 23 (2) The Authority may enter into an agreement with the operator of 24 an authorised transfer station in respect of the location, 25 operation and functions of the authorised transfer station. 26 (3) Without limiting subsection (2), an agreement may include 27 provisions relating to the following -- 28 (a) the receiving and processing of empty beverage 29 containers; page 8 Container Deposit and Recovery Scheme Bill 2016 Beverage Container Deposit and Recovery Scheme Part 2 s. 14 1 (b) the payment to the operator of the authorised transfer 2 station of an amount equal to the refund amounts paid 3 by the operator in a period; 4 (c) the sale of processed materials; 5 (d) the keeping of records and the inspection of them; 6 (e) the submission of a monthly report to the Authority on 7 the number and types of empty beverage containers 8 received and processed; 9 (f) the payment of any penalty by the operator of the 10 authorised transfer station for a failure to comply with 11 the agreement. 12 (4) After the period of 12 months from the commencement of this 13 Act, an agreement may include, or may be amended to include, 14 provisions relating to accepting and paying a refund on crushed 15 and broken empty beverage containers using an estimate of the 16 refund amount due. 17 14. Offence to claim refund on beverage container purchased 18 outside Western Australia or a recognised jurisdiction 19 (1) A person must not present to an authorised collection depot or 20 authorised transfer station for the purpose of claiming the refund 21 amount a beverage container which the person knows or has 22 reason to believe was not purchased in Western Australia or a 23 recognised jurisdiction. 24 Penalty: a fine of $30 000. 25 (2) The operator of an authorised collection depot or authorised 26 transfer station may request any person presenting a beverage 27 container for the purpose of claiming the refund amount to 28 complete a declaration in the prescribed form stating that the 29 person has no reason to believe that the beverage container was 30 not purchased in Western Australia or a recognised jurisdiction. 31 (3) Subject to subsection (6), if within any period of 48 hours a 32 person presents 3000 or more beverage containers to an 33 authorised collection depot or authorised transfer station for the page 9 Container Deposit and Recovery Scheme Bill 2016 Part 2 Beverage Container Deposit and Recovery Scheme s. 15 1 purpose of claiming the refund amount, the operator of the 2 authorised collection depot or authorised transfer station must 3 request the person to complete the declaration referred to in 4 subsection (2). 5 Penalty: a fine of $15 000. 6 (4) The operator of an authorised collection depot or authorised 7 transfer station must not pay the refund amount to a person who 8 has not complied with a request made under subsection (2) 9 or (3). 10 Penalty: a fine of $15 000. 11 (5) The operator of an authorised collection depot or authorised 12 transfer station must -- 13 (a) keep any declaration made under this section for a 14 period of 3 years after it is made; and 15 (b) have the declaration readily available for inspection at 16 any reasonable time by an authorised officer. 17 Penalty: a fine of $50 000. 18 (6) Subsection (3) does not apply in respect of beverage containers 19 returned to a reverse vending machine. 20 15. Authorised collection depot or authorised transfer station to 21 pay refund 22 (1) A person who accepts the return of an unbroken empty beverage 23 container at an authorised collection depot or authorised transfer 24 station must pay the person who returns it the refund amount. 25 (2) Subject to subsections (3) and (5), the operator of an authorised 26 collection depot must not unreasonably refuse to accept any 27 unbroken empty beverage container labelled in accordance with 28 section 10 that is returned to the authorised collection depot. 29 Penalty: a fine of $5 000. page 10 Container Deposit and Recovery Scheme Bill 2016 Beverage Container Deposit and Recovery Scheme Part 2 s. 16 1 (3) The operator of an authorised collection depot or authorised 2 transfer station may refuse to accept the return of a beverage 3 container if -- 4 (a) the beverage container is in an unsafe condition; or 5 (b) the operator has reason to believe that the beverage 6 container was not sold in Western Australia or a 7 recognised jurisdiction; or 8 (c) a request to complete a declaration under section 14 in 9 respect of the beverage container has not been complied 10 with. 11 (4) The capacity of an operator of an authorised transfer station to 12 refuse to accept the return of a beverage container that is in an 13 unsafe condition is subject to an agreement under section 13(4). 14 (5) A reverse vending machine may be operated so as to not accept 15 the return of a beverage container in a condition which prevents 16 the reverse vending machine from reading the label referred to 17 in section 10. 18 16. Exemption from section 6 19 (1) A person may apply to the Authority, in the form approved by 20 the Authority, to be wholly or partly exempt from section 6(1). 21 (2) The Authority must within the prescribed period grant an 22 exemption to the person if the Authority is satisfied that the 23 criteria and considerations prescribed for the purposes of this 24 section apply in respect of the person. 25 (3) The Authority must within the prescribed period advise the 26 applicant in writing -- 27 (a) as to the decision of the Authority; and 28 (b) if the Authority grants the exemption, as to the terms 29 and conditions applying to the exemption; and 30 (c) if the Authority refuses to grant the exemption, of the 31 reasons for refusing to grant the exemption. page 11 Container Deposit and Recovery Scheme Bill 2016 Part 2 Beverage Container Deposit and Recovery Scheme s. 17 1 (4) If any of the criteria and considerations prescribed for the 2 purposes of this section cease to apply in respect of a holder of 3 an exemption, the Authority -- 4 (a) may by notice in writing to the holder of the exemption 5 revoke the exemption; and 6 (b) if the exemption is revoked, must specify in the 7 notice -- 8 (i) the reason for revoking the exemption; and 9 (ii) a reasonable period of time by the end of which 10 the person will need to comply with this Act. 11 (5) If an exemption is revoked under subsection (4), the person who 12 held the exemption need not comply with this Act during the 13 period specified in the notice under subsection (4)(b)(ii). 14 17. Records and enforcement 15 (1) A person liable to pay the beverage container environmental 16 levy must keep the records necessary to substantiate the amount 17 of levy paid or payable by the person. 18 Penalty: a fine of $50 000. 19 (2) Records under subsection (1) in relation to a levy amount need 20 not be kept for more than 3 years after the last day on which the 21 levy amount must be paid under section 8. 22 (3) The Waste Avoidance and Resource Recovery Act 2007 Part 8 23 has effect as if this Act were part of that Act and as if premises 24 that are or were authorised collection depots or authorised 25 transfer stations were premises to which Division 1 of that Part 26 applied. 27 18. Review of refund amount 28 (1) The Authority must review the refund amount at least once 29 every 5 years after the commencement of this Act. page 12 Container Deposit and Recovery Scheme Bill 2016 Beverage Container Deposit and Recovery Scheme Part 2 s. 18 1 (2) In conducting a review, the Authority must have regard to the 2 minimum refund amount necessary to maintain the appropriate 3 level of incentive -- 4 (a) for producers, distributors and consumers of beverages 5 in beverage containers to reuse or recycle beverage 6 containers; and 7 (b) to ensure high rates of recovery of beverage containers; 8 and 9 (c) to reduce litter and litter-related costs; and 10 (d) to reduce waste, disposal and recycling costs; and 11 (e) to conserve resources. page 13 Container Deposit and Recovery Scheme Bill 2016 Part 3 General provisions s. 19 1 Part 3 -- General provisions 2 19. Relationship with aspects of the Waste Avoidance and 3 Resource Recovery Act 2007 4 This Act does not prevent -- 5 (a) a product stewardship plan in relation to beverage 6 containers from being registered under the Waste 7 Avoidance and Resource Recovery Act 2007; and 8 (b) the implementation and operation of extended producer 9 responsibility schemes under the Waste Avoidance and 10 Resource Recovery Act 2007 that deal with containers 11 not covered by the Scheme. 12 20. Protection from liability for wrongdoing 13 (1) An action in tort does not lie against a person for anything that 14 the person has done, in good faith, in the performance or 15 purported performance of a function under this Act. 16 (2) The protection given by subsection (1) applies even though the 17 thing done as described in that subsection may have been 18 capable of being done whether or not this Act had been enacted. 19 (3) Despite subsection (1), the State is not relieved of any liability 20 that it might have for another person having done anything as 21 described in that subsection. 22 21. Regulations 23 (1) The Governor may make regulations prescribing all matters 24 required or permitted by this Act to be prescribed or necessary 25 or convenient to be prescribed for carrying out this Act. 26 (2) The Waste Avoidance and Resource Recovery Act 2007 27 section 97(1), (3) and (4) and section 98 apply with respect to 28 regulations made under this Act. page 14 Container Deposit and Recovery Scheme Bill 2016 General provisions Part 3 s. 22 1 22. Transitional provision: Act does not extend to existing 2 beverage containers 3 This Act does not apply to beverage containers produced in or 4 imported into Western Australia before this Act came into 5 operation. 6 page 15 Container Deposit and Recovery Scheme Bill 2016 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) assent day .............................................................................................................. 2 authorised collection depot ................................................................................... 3 authorised transfer station ..................................................................................... 3 Authority ............................................................................................................... 3 BCEL Account ...................................................................................................... 3 beverage ................................................................................................................ 3 beverage container ................................................................................................ 3 beverage container environmental levy ....................................................... 3, 6(1) import.................................................................................................................... 3 label ...................................................................................................................... 3 recognised jurisdiction .......................................................................................... 3 refund amount ....................................................................................................... 3 Scheme .................................................................................................................. 3 X .................................................................................................................... 10(2)
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