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Environment Protection Amendment (Beverage Container Deposit and Recovery Scheme) Bill 2011

TABLE OF PROVISIONSClause Page

1 Purpose 12 Commencement 23 Amendment of section 4—Definitions 24 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 352A Purpose 452B Beverage Container Deposit and Recovery Scheme 452C Functions of the Authority 452D Importer or producer of beverage container is liable

to pay beverage container environmental levy 652E Amount of beverage container environmental levy 652F When beverage container environmental levy must be

paid 652G Beverage containers must be labelled as refundable 752H Prescribed labelling requirements 752I Authorised collection depots 752J Authorised transfer stations 952K Offence to claim refund on beverage container

purchased outside Victoria 1052L Authorised collection depot or authorised transfer

station to pay refund 1152M Review of refund value 1252N Exemption 1352O Division does not extend to existing beverage

containers 145 Amendment of section 70—Environment Protection Fund 146 Amendment of section 71—Regulations 147 Repeal of amending Act 15

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ENDNOTES 16

PARLIAMENT OF VICTORIA

571PM1B.I-14/6/2011 BILL LC INTRODUCTION 14/6/20111

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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 to be administered by the Environment Protection Authority.

2 Commencement

Introduced in the Council by Ms Colleen Hartland

Environment Protection Amendment (Beverage Container Deposit and

Recovery Scheme) Bill 2011


PARLIAMENT OF VICTORIA

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This Act comes into operation on 1 July 2012.

3 Amendment of section 4—Definitions

In section 4(1) of the Environment Protection Act 1970 insert the following definitions—

"authorised collection depot means a premises authorised by the Authority under section 52I for the collection of empty beverage containers;

authorised transfer station means a premises authorised by the Authority under section 52J to be an authorised transfer station;

beverage means—

(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, 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 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 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 3 litres and is of any of the following types—

(a) a plastic or glass bottle;

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See:Act No.8056.Reprint No. 16as at16 July 2007and amendingAct Nos62/2005, 4/2008, 20/2008 and 44/2008.LawToday:www.legislation.vic.gov.au

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(b) an aluminium or steel can;

(c) a liquid paperboard or composite carton;

(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 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 amount prescribed following a review conducted in accordance with section 52M;

Scheme means the Beverage Container Deposit and Recovery Scheme established by section 52B;".

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 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 beverage containers.

52A Purpose

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The purpose of this Division is to give effect to the objective specified in section 52 by establishing a Beverage Container Deposit and Recovery Scheme the operation of which is to be funded by the beverage container environmental levy.

52B Beverage Container Deposit and Recovery Scheme

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 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 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 transfer station;

(f) enter into agreements with the operators of authorised collection depots and authorised transfer stations;

(g) facilitate and promote the Scheme;

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(h) provide grants or other financial incentives to encourage the use of recyclable and reusable containers and the increased use of recycled material from beverage containers;

(i) provide information and advice to the Minister in relation to the operation of 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—

(a) market creation and support for collected beverage containers and materials;

(b) financial support for kerbside recycling services (that is, services involving the 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 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 with recycling which the Authority considers will facilitate environmentally sustainable uses of resources and promote best practices in waste management.

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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 beverage container into Victoria for the purpose of sale within Victoria or produces a beverage container in Victoria for the purpose of sale within Victoria is liable to pay a beverage container environmental levy payable for each beverage container in accordance with section 52F.

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 service by the Authority on the defendant of notice of contravention of this section.

52E Amount of beverage container environmental levy

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, that amount—

for each beverage container.

52F When beverage container environmental levy must be paid

A person who is liable to pay the beverage container environmental levy must pay the levy to the Authority within 14 days after the end of the month in which the beverage

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container was sold by that person in Victoria to a wholesaler, retailer or individual.

Penalty: 100 penalty units.

52G Beverage containers must be labelled as refundable

A person must not sell a beverage container unless the container is labelled "X refund at an authorised collection depot when sold in Victoria".

Penalty: 100 penalty units.Note

X means 10 cents or the higher amount prescribed 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 container is labelled in accordance with the relevant prescribed labelling requirements.


52I Authorised collection depots

(1) The Authority may approve a premises to be 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 depot.

(3) Without limiting the generality of subsection (2), an agreement under subsection (2) may include provisions relating to—

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(a) the delivery of sorted empty beverage containers to an authorised transfer station;

(b) the payment to the operator of the authorised collection depot of the refund value paid by the authorised collection depot;

(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 depots that may be authorised—

(a) collection depots may involve manual or mechanised handling facilities, including reverse vending machines; and

(b) any of the following may be authorised as collection depots—

(i) council sites;

(ii) community centres and community-based facilities;

(iii) shopping centres and centre car parks;

(iv) service stations or other retailers;

(v) schools;

(vi) "drive through" recycling centres;

(vii) authorised transfer stations.

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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 with the operator of an authorised transfer station in respect of the location, operation and functions of the authorised transfer station.

(3) Without limiting the generality of subsection (2), an agreement under subsection (2) may include provisions relating to—

(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 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 agreement;

(e) the submission of a monthly report to the Authority on the number and types of empty beverage containers received and processed.

(4) After the period of 12 months from the commencement of the Environment Protection Amendment (Beverage Container Deposit and Recovery Scheme) Act 2011, an agreement entered into under subsection (2) may include, or may be amended to include, provisions relating to accepting and paying a refund on crushed

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and broken empty beverage containers using an estimate of the refund value.

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 refund value a beverage container which the person knows or has reason to believe was not purchased in Victoria.


(2) Subject to subsection (3), the operator of an 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 prescribed form stating that the person has no reason to believe that the beverage container was not purchased in Victoria.

(3) Subject to subsection (6), if within any period of 48 hours a person presents 3000 or more beverage containers to 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 person to complete the declaration referred to in subsection (2).


(4) The operator of an authorised collection depot or authorised transfer station must not pay the amount of the refund value to a person who has not complied with a request made under subsection (2) or (3).

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(5) The operator of an authorised collection 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

(b) have the declaration readily available for inspection at any reasonable time by an authorized officer.


(6) Subsection (3) does not apply in respect of beverage containers returned to a reverse vending machine.

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 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 unbroken empty beverage container labelled in accordance with section 52G that is returned to the authorised collection depot.


(3) The operator of an authorised collection depot may refuse to accept the return of a beverage container if—

(a) the beverage container is in an unsafe condition; or

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(b) the operator has reason to believe that 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 beverage container has not been complied with.

(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 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 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—

(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 beverage containers;

(c) to reduce litter and litter-related costs;

(d) to reduce waste, disposal and recycling costs;

(e) to conserve resources.

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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.

(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.

(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, 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.

(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 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 which the person must comply with this Division.

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(5) If an exemption is revoked under subsection (4), the person who held the exemption must comply with this Division within the period 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 produced in Victoria before the commencement of the Environment Protection Amendment (Beverage Container Deposit and Recovery Scheme) Act 2011.".

5 Amendment of section 70—Environment Protection Fund

(1) After section 70(3)(aba) of the Environment Protection Act 1970 insert—

"(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—

"(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

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;

(jc) prescribing a class of beverage container not to be a beverage container for the purposes

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of the definition of beverage container;

(jd) prescribing a higher amount for the purposes of section 52E;

(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;".

7 Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

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).

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ENDNOTES

By Authority. Government Printer for the State of Victoria.

Endnotes

Environment Protection Amendment (Beverage Container Deposit and Recovery Scheme) Bill 2011


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