Environment Protection (Beverage Containers And Plastic Bags) Regulations 2011 (NT)
NORTHERN TERRITORY OF AUSTRALIA
ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) REGULATIONS 2011
As in force at 3 March 2023
northern territory of australia
As in force at 3 March 2023
ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) REGULATIONS 2011
Regulations under the Environment Protection (Beverage Containers and Plastic Bags) Act 2011
These Regulations may be cited as the
In these Regulations:
(a) contains the following ingredients (whether or not it also contains other ingredients):
(i) water;
(ii) a sweetener (whether natural or artificial);
(iii) colouring or flavouring, or both (whether natural or artificial); and
(b) is intended to be diluted before consumption.
(a) included in the Australian Register of Therapeutic Goods under the
Therapeutic Goods Act 1989 (Cth); and(b) supplied with a label or other accompanying document stating:
(i) the liquid is for medicinal purposes; and
(ii) a recommended maximum dosage.
(a) ultra heat treated or reconstituted milk;
(b) reduced fat milk;
(c) milk with added protein, milk fat, calcium, vitamins, minerals or other supplements.
(a) wine and another beverage that is not a grape product; and
(b) less than 10% alcohol by volume at 20°C.
(1) A
spiritous liquor is a liqueur or other alcoholic beverage produced by distillation.Examples for subregulation (1)
Brandy, gin, rum, vodka and whisky.
(2) However, a pre-mixed beverage containing a beverage mentioned in subregulation (1) and another beverage is not a spiritous liquor.
(1) Wine is:(a) a beverage produced by fermentation of grapes (whether or not with additives permitted under the Food Standards Code); or
(b) a beverage that is a blend of a beverage mentioned in paragraph (a) and other grape products.
(2) However, a pre-mixed beverage containing a beverage mentioned in subregulation (1)(a) or (b) and another beverage that is not a grape product is not wine.
For the definition
(1) For the definition
approved refund marking in section 4 of the Act, an approved refund marking for a regulated container is a mark or label that clearly and legibly states:(a) "10c refund at collection depots when sold in NT"; or
(b) "10c refund at SA/NT collection depots in State/Territory of purchase"; or
(c) "10c refund at collection depots/points in participating State/Territory of purchase".
Note for subregulation (1)(c)
The 10c refund is payable only by an operator of an approved collection depot. The approved refund marking mentions "collection points" because that term is used instead of "collection depots" in New South Wales.
(2) However, for subregulation (1)(a), it is irrelevant if the marking reads "Northern Territory" instead of "NT".
For section 7(2) of the Act, each of the following liquids is not a beverage:
(a) concentrated fruit or vegetable juice, or a mixture of concentrated fruit and vegetable juices, intended to be diluted before consumption;
(b) a health tonic;
(c) cordial.
For section 9 of the Act, the CDS does not apply to containers of the following classes:
(a) glass containers used for containing wine or spiritous liquor;
(b) containers used for containing milk (other than flavoured milk);
(c) containers used for containing 1 L or more of flavoured milk;
(d) containers used for containing 1 L or more of pure juice (comprising at least 90% fruit or vegetable juice or a mixture of fruit and vegetable juices);
(e) containers used for containing more than 3 L of beverage;
(f) containers made of cardboard and plastic, cardboard and foil or cardboard, plastic and foil (commonly known as casks or aseptic packs) used for containing 1 L or more of wine, wine‑based beverage or water (including mineral water and spring water);
(g) containers made of plastic or foil or plastic and foil (commonly known as sachets) used for containing 250 ml or more of wine.
(1) This regulation applies if, in the collection approval for a collection depot that is a reverse vending machine, the NT EPA has authorised the operator to pay refund amounts from the reverse vending machine in the way provided in this regulation.
(2) For section 19(3) of the Act, a refund amount may be paid to the person delivering the container:
(a) by issuing to the person a redeemable voucher for the refund amount; or
(b) by crediting the refund amount to a recognised account nominated by the person.
(3) Subregulation (2) has effect subject to any conditions imposed on the collection approval for the depot that limit the way in which the operator may pay refund amounts.
(4) In this regulation:
recognised account means:(a) an account at a bank or other ADI; or
(b) an account:
(i) with a provider of goods or services; and
(ii) the balance of which may be withdrawn as cash.
Example
An account with a retailer accessible through the use of a swipe card that is issued by the retailer and swiped through the reverse vending machine when the container is deposited to credit the refund amount to the account.
redeemable voucher means a voucher that may be redeemed for the refund amount in cash (whether or not it may instead be redeemed as payment for goods or services).
For section 24C(c) of the Act, the prescribed number of material types is 9.
For section 44(1) of the Act, 1 September in each year is prescribed.
The Australian Standard for the definition
For the definition
(1) For section 56(1)(b) of the Act, the retailer must display, in a prominent position at each place in the premises where the retailer makes a prohibited plastic bag available, a notice that:
(a) subject to subregulation (2), is not less than 95 mm in height and 150 mm in width; and
(b) includes the following statement in legible letters:
The Territory Government is banning the supply of lightweight, single use, non-biodegradable plastic bags from 1 September 2011. Alternative bags are available from this retail outlet.
(2) The requirement in subregulation (1)(a) does not apply to a notice in electronic form.
In this Part:
(1) An
infringement notice offence is an offence against a provision specified in the Schedule.(2) The
prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule.
If an authorised officer reasonably believes a person has committed an infringement notice offence, the officer may give a notice (an
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the
Fines and Penalties (Recovery) Act 2001 , to whom the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect under section 21 of the
Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;(c) if the person does nothing in response to the notice, enforcement action may be taken under the
Fines and Penalties (Recovery) Act 2001 , including (but not limited to) action for the following:(i) suspending the person’s licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person’s wages or salary;
(iv) registering a statutory charge on land owned by the person;
(v) making a community work order for the person and imprisonment of the person if the person breaches the order.
(3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).
If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.
(1) The NT EPA may withdraw the infringement notice by written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
(b) before payment of the prescribed amount.
12 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
(c) prevent more than one infringement notice for the same offence being given to a person.
(3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
(1) For the definition
approved refund marking in section 4 of the Act, the following approved refund marking under Part 8, Division 2 of theEnvironment Protection Act 1993 (SA) for a container is taken to be an approved refund marking for a regulated container of the same type until 30 June 2014:"10c refund at collection depots when sold in SA".
(2) For subregulation (1), it is irrelevant if the marking reads "South Australia" instead of "SA".
regulation 7
sections 13(2) and 14(2) of Act | 2 |
section 17(4) and (6) of the Act | 1 |
sections 20A(3) and 20B(4) and (5) of the Act | 2 |
section 41P(1) of the Act | 1 |
section 42(1) of the Act | 2 |
sections 43(1) and 44(1) of the Act | 1 |
sections 45(2), 55(1), 56(1) and 57(1) of Act | 2 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 13 April 2011 |
Commenced | 1 May 2011 (r 2, s 2 |
Notified | 27 July 2011 |
Commenced | 3 January 2012 (r 2, s 2 |
Notified | 30 August 2011 |
Commenced | r 5: 30 August 2011; rem: 3 January 2012 (r 3, r 2 |
Notified | 23 November 2011 |
Commenced | 3 January 2012 (r 2, r 3 |
Notified | 20 December 2011 |
Commenced | 3 January 2012 (r 2, r 2 |
Notified | 4 September 2013 |
Commenced | 4 September 2013 |
Assent date | 2 June 2014 |
Commenced | ss 9 (to extent it ins s 20), 11 (to extent it ins s 24C), 20 (to extent it ins s 101) and 25: 1 January 2017 ( |
Notified | 2 March 2018 |
Commenced | 2 March 2018 |
Assent date | 31 August 2021 |
Commenced | pt 6: 2 October 2021; rem: 29 September 2021 ( |
Assent date | 2 March 2023 |
Commenced | 3 March 2023 (s 2) |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 2 sub No. 32, 2011, r 4
amd No. 55, 2011, r 4
rr 2A – 2B ins No. 32, 2011, r 4
pt 1A hdg ins No. 32, 2011, r 4
r 2C ins No. 32, 2011, r 4
amd Act No. 4, 2023, s 23
r 2D ins No. 32, 2011, r 4
amd No. 44, 2011, r 4; No. 49, 2011, r 4; No. 4, 2018, r 4; Act No. 19, 2021, s 64
r 2E ins No. 32, 2011, r 4
amd No. 55, 2011, r 5
r 2F ins No. 32, 2011, r 4
r 2FA ins No. 55, 2011, r 6
amd Act No. 17, 2014, s 24
r 2FB ins Act No. 17, 2014, s 25
amd Act No. 4, 2023, s 23
r 2G ins No. 32, 2011, r 4
r 7 amd No. 44, 2011, r 5
r 11 amd Act No. 17, 2014, s 26
pt 4 hdg ins No. 32, 2011, r 5
r 13 ins No. 32, 2011, r 5
sub No. 44, 2011, r 6
amd No. 33, 2013, r 3
sch sub No. 32, 2011, r 6
amd No. 44, 2011, r 7; Act No. 19, 2021, s 65
0
0
0