Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Amendment Regulations 2024 (Vic)

Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Amendment Regulations 2024

S.R. No. 55/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6New regulations 10A and 10B inserted

7New regulation 10C inserted

8New Part 8 inserted

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Endnotes

STATUTORY RULES 2024

S.R. No. 55/2024

Circular Economy (Waste Reduction and Recycling) Act 2021

Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

Responsible Minister:

STEVE DIMOPOULOS
Minister for Environment

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022 to prescribe matters for the purposes of Part 6 of the Circular Economy (Waste Reduction and Recycling) Act 2021, including the following—

(a)operation and performance requirements for network operators;

(b)material recovery facilities.

2Authorising provision

These Regulations are made under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021.

3Commencement

(1)These Regulations, except regulation 7, come into operation on 1 July 2024.

(2)Regulation 7 comes into operation on 1 August 2024.

4Principal Regulations

In these Regulations, the Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022[1] are called the Principal Regulations.

5Definitions

In regulation 4 of the Principal Regulations insert the following definitions—

'community access standard means the community access standard specified in regulation 10C(2);

community operating standard means the community operating standard specified in regulation 10B(2);

General Community Profile for Statistical Area 1 means the Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Statistical Area 1 (SA1) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 28 June 2022;

General Community Profile for Urban Centres and Localities means the Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Urban Centres and Localities (UCL) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 12 October 2022;

Local Government Area Structure means the Australian Statistical Geography Standard (ASGS) Edition 3—Non ABS Structures, "Local Government Areas—2023" (Allocation file), as published by the Australian Bureau of Statistics on 25 July 2023;

Main Structure and Greater Capital City Statistical Areas means the Australian Statistical Geography Standard (ASGS) Edition 3—Main Structure and Greater Capital City Statistical Areas, "Mesh Blocks 2021" (Allocation file), as published by the Australian Bureau of Statistics on 20 July 2021;

major urban area means any part of Victoria classified as "Major Cities of Australia" under the Remoteness Structure;

network operation zone (major urban area) population, in relation to a network operation zone, means the population of any major urban area within that network operation zone, as determined by reference to—

(a)the Local Government Area Structure; and

(b)the Main Structure and Greater Capital City Statistical Areas; and

(c)the General Community Profile for Statistical Area 1;

Note

The network operation zone (major urban area) population will be equal to the total area population of the major urban area if one network operator is appointed in relation to the major urban area. The network operation zone (major urban area) population will be less than the total area population of the major urban area if more than one network operator is appointed in relation to the major urban area.

ordinary hour means an hour between 7 a.m. and 8 p.m. on a weekday;

public holiday means a day appointed as a public holiday under section 6 of the Public Holidays Act 1993;

regional area means any part of Victoria classified as "Inner Regional Australia" or "Outer Regional Australia" under the Remoteness Structure;

regional town means any part of a regional area that—

(a)is classified under the Urban Area Structure as an Urban Centre and Locality (Major Urban, Other Urban or Bounded Locality); and

(b)has a population of not less than 750;

remote area means any part of Victoria classified as "Remote Australia" or "Very Remote Australia" under the Remoteness Structure;

remote town means any part of a remote area that—

(a)is classified under the Urban Area Structure as an Urban Centre and Locality (Major Urban, Other Urban or Bounded Locality); and

(b)has a population of not less than 300;

Remoteness Structure means the Australian Statistical Geography Standard (ASGS) Edition 3—Remoteness Structure, "Remoteness Areas—2021" (Allocation file), as published by the Australian Bureau of Statistics on 21 March 2023;

total area population, in relation to a major urban area, regional town or remote town, means the total population for that major urban area, regional town or remote town (as appropriate) as specified in the General Community Profile for Urban Centres and Localities;

Urban Area Structure means the Australian Statistical Geography Standard (ASGS) Edition 3—Significant Urban Areas, Urban Centres and Localities, Section of State and Section of State Range, "Urban Centres and Localities, Section of State and Section of State Range—2021" (Allocation file), as published by the Australian Bureau of Statistics on 5 October 2022;

weekday means a day other than a Saturday or Sunday;

weekend day means a Saturday or Sunday;

weekend hour means an hour between 7 a.m. and 8 p.m. on a weekend day;'.

6New regulations 10A and 10B inserted

After regulation 10 of the Principal Regulations insert—

"10A   General prescribed operation and performance requirements

For the purposes of section 88 of the Act, a duty, obligation, requirement or responsibility of a network operator that is contained in any of the following is a prescribed operation and performance requirement—

(a)the Act or regulations made under the Act;

(b)a network operator agreement entered into by the network operator.

10BPrescribed operation and performance requirements—community operating standard

(1)For the purposes of section 88 of the Act, it is a prescribed operation and performance requirement for a network operator to ensure that, in each of its network operation zones, it meets the community operating standard specified in subregulation (2).

(2)A network operator meets the community operating standard in a network operation zone if each refund collection point in that zone (other than a mobile collection point) that is open to the general public and located in an area specified in column 1 of the Table to this subregulation is, during each corresponding period specified in column 3, open for not less than the corresponding hours specified in column 2.

Table

Column 1	Column 2	Column 3
Major urban area	27 ordinary hours and 8 weekend hours	One week
Regional area	16 ordinary hours and 8 weekend hours	One week
Remote area	8 ordinary hours and 8 weekend hours	Two weeks

(3)For the purposes of subregulation (2)—

(a)if a public holiday falls on a weekend day during a period specified in column 3, the corresponding number of weekend hours specified in column 2 for that period is to be reduced by the same proportion as the proportion of the weekend days of that period that are a public holiday; and

(b)if a public holiday falls on a weekday during a period specified in column 3, the corresponding number of ordinary hours specified in column 2 for that period is to be reduced by the same proportion of the weekdays of that period that are a public holiday.

(4)If the number of hours calculated in accordance with subregulation (3) is not a whole number, that number must be rounded down to the nearest whole number.".

7New regulation 10C inserted

After regulation 10B of the Principal Regulations insert—

"10C   Prescribed operation and performance requirements—community access standard

(1)For the purposes of section 88 of the Act, it is a prescribed operation and performance requirement for a network operator to ensure that, in each of its network operation zones, it meets the community access standard specified in subregulation (2).

(2)A network operator meets the community access standard in a network operation zone if the network operator ensures that—

(a)the number of refund collection points (other than mobile collection points) operating in each major urban area in that network operation zone is not less than the number calculated using the following formula—

where—

xis the network operation zone (major urban area) population; and

(b)the number of refund collection points (other than mobile collection points) operating in each regional town or remote town in that network operation zone is not less than the number calculated using the formula—

where—

xis the total area population of the regional town or remote town; and

(c)any refund collection point (other than a mobile collection point) operating in a regional area or remote area in that network operation zone is located within 5 km of a regional town or remote town.

(3)If a number calculated in accordance with subregulation (2)(a) and (b) is not a whole number, that number must be rounded down to the nearest whole number.".

8New Part 8 inserted

After Part 7 of the Principal Regulations insert—

"PART 8—MISCELLANEOUS

20Prescribed material recovery facilities

For the purposes of the definition of material recovery facility in section 3(1) of the Act, a facility is a prescribed material recovery facility if it provides a service to crush and collect glass for recycling purposes.".

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ENDNOTES

[1] Reg. 4: S.R. No. 94/2022 as amended by S.R. Nos 78/2023, 91/2023 and 107/2023.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, which amends regulation 4 (definition of General Community Profile for Statistical Area 1) of the Principal Regulations	Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Statistical Area 1 (SA1) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 28 June 2022	Table G01
Regulation 5, which amends regulation 4 (definition of General Community Profile for Urban Centres and Localities) of the Principal Regulations	Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Urban Centres and Localities (UCL) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 12 October 2022	Table G01
Regulation 5, which amends regulation 4 (definition of Local Government Area Structure) of the Principal Regulations	Australian Statistical Geography Standard (ASGS) Edition 3—Non ABS Structures, as published by the Australian Bureau of Statistics on 25 July 2023	"Local Government Areas—2023" (Allocation file)

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, which amends regulation 4 (definition of Main Structure and Greater Capital City Statistical Areas) of the Principal Regulations	Australian Statistical Geography Standard (ASGS) Edition 3—Main Structure and Greater Capital City Statistical Areas, as published by the Australian Bureau of Statistics on 20 July 2021	"Mesh blocks—2021" (Allocation file)
Regulation 5, which amends regulation 4 (definition of Remoteness Structure) of the Principal Regulations	Australian Statistical Geography Standard (ASGS) Edition 3—Remoteness Structure, as published by the Australian Bureau of Statistics on 21 March 2023	"Remoteness Areas—2021" (Allocation file)
Regulation 5, which amends regulation 4 (definition of Urban Area Structure) of the Principal Regulations	Australian Statistical Geography Standard (ASGS) Edition 3—Significant Urban Areas, Urban Centres and Localities, Section of State and Section of State Range, as published by the Australian Bureau of Statistics on 5 October 2022	"Urban Centres and Localities, Section of State and Section of State Range—2021" (Allocation file)