Environmental Protection Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 162 Environmental Protection Act 1994 ENVIRONMENTAL PROTECTION AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 38T (Minister may name occupier in report to council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new s 38V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 38V Information not to be used as evidence . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 3B—USED PACKAGING MATERIALS Division 1—Preliminary Subdivision 1—General 38W Purpose of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Subdivision 2—Interpretation 38X Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 38Y General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Responsibilities of brand owners Subdivision 1—Application 38Z Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subdivision 2—Action plans and record keeping 38ZA Action plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 38ZB Brand owner to keep information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Environmental Protection Amendment (No. 1) No. 162, 2000 38ZC Claiming exemption on ground of commercial confidentiality . . . . 9 38ZD Deciding claim for exemption on ground of commercial confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Subdivision 3—Compliance notices 38ZE Authorised person may give notice to comply . . . . . . . . . . . . . . . . . 10 Division 3—Operators of kerbside recycling collection services to give information to chief executive 38ZF Local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 38ZG Other operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4—Expiry 38ZH Expiry of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Amendment of s 39 (Devolution of powers—environmentally relevant activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Amendment of s 62 (Review of decisions and appeal) . . . . . . . . . . . . . . . . 12 9 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 ˙ Short title 1. This regulation may be cited as the Environmental Protection Amendment Regulation (No. 1) 2000 . ˙ Commencement 2. This regulation commences on 1 July 2000. ˙ Regulation amended 3. This regulation amends the EnvironmentalProtectionRegulation1998 . ˙ Amendment of s 38T (Minister may name occupier in report to council) 4. Section 38T(9)— omit. ˙ Insertion of new s 38V 5. Part 3A, division 5, after section 38U— insert— ˙ ‘ Information not to be used as evidence ‘ 38V. Information given by the occupier of a reporting facility under this part is not admissible in evidence in proceedings against the occupier, other than for an offence against section 171 or 172 1 of the Act.’. ˙ Insertion of new pt 3B 6. After part 3A— insert— 1 Section 171 (False, misleading or incomplete documents) or 172 (False or misleading information) of the Act

s6 4 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 ‘ PART 3B—USED PACKAGING MATERIALS ‘ Division 1—Preliminary ‘ Subdivision 1—General ˙ ‘ Purpose of pt 3B ‘ 38W. The purpose of this part is to give effect to, and enforce compliance with, the National Environment Protection (Used Packaging Materials) Measure made under the National Environment Protection Council Act 1994 (Cwlth), section 14. ‘ Subdivision 2—Interpretation ˙ ‘ Definitions for pt 3B ‘ 38X. In this part— “brand owner” means a person who— (a) for a product other than an imported product—owns, or is the licensee of, a trade mark under which the product is sold whether or not the trade mark is registered; or (b) for an imported product—imports the product; or (c) for in-store packaging—sells the packaging for use as primary packaging. “consumer packaging” means packages made of any material, or combination of materials, for the containment, protection, marketing, or handling of retail consumer products. “consumer packaging material” see section 38ZB. “covenant” means the agreement of 2 July 1999 called The National Packaging Covenant and mentioned in the UPM-NEPM.

s6 5 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 “in-store packaging” means a container, of any material, supplied to a consumer at the point of sale of a product for the containment, protection, handling or carriage of the product. Examples of ‘in-store packaging’ — 1. Plastic or paper carry bags. 2. Take-away food containers. “kerbside recycling collection service” means a domestic waste collection service by which domestic solid waste is collected from the roadside for recycling. “landfill” means land used as a waste disposal site for lawfully putting solid waste on the land. “owner’s packaging” see section 38ZA(2)(a). “recycle” , for consumer packaging or consumer packaging material, means to recover the packaging or material and use it as a raw material to produce other consumer packaging or consumer packaging material. “registered” , for a trade mark, means registered under the Trade Marks Act 1995 (Cwlth) as a trade mark. “UPM-NEPM” means the National Environment Protection (Used Packaging Materials) Measure made under the National Environment Protection Council Act 1994 (Cwlth), section 14. ˙ ‘ General ‘ 38Y. Unless this regulation provides otherwise, expressions used in it that are defined under the UPM-NEPM have the meaning given to them under the UPM-NEPM.

s6 6 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 ‘ Division 2—Responsibilities of brand owners ‘ Subdivision 1—Application ˙ ‘ Application of div 2 ‘ 38Z.(1) This division applies to a brand owner other than a brand owner who— (a) is a signatory to the covenant and complies with the covenant; or (b) is not a signatory to the covenant but the chief executive is satisfied— (i) the brand owner uses consumer packaging in which the brand owner’s products are sold in a way that achieves environmental outcomes at least equivalent to the environmental outcomes for the packaging under the covenant; or (ii) the brand owner carries on business in relation to the brand owner’s products only in the State and the value of annual sales of the products is no more than 1% of the notional market share. ‘ (2) In this section— “notional market share” means the estimated value of the State’s share of annual sales, in Australia, of products similar in nature to the brand owner’s products worked out using the formula— NM = A x PQ PA where— “A” means the value of annual sales, in Australia, of products similar in nature to the brand owner’s products. “NM” means the notional market share. “PA” means the population of Australia.

s6 7 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 “PQ” means the population of the State. Example of how to work out the value of a brand owner’s annual sales of the brand owner’s products as a percentage of the notional market share— If the population of the State is 3 million and the population of Australia is 18 million, and, for a particular brand owner, the value of annual sales of the brand owner’s products is $500 000 and the value, in Australia, of annual sales of products similar in nature to the brand owner’s products is $120m, then— NM = $120m x 3 18 = $20m Because the value of annual sales of the brand owner’s products is $500 000, the value of the annual sales is 2.5% of the notional market share. ‘ Subdivision 2—Action plans and record keeping ˙ ‘ Action plans ‘ 38ZA.(1) A brand owner must— (a) prepare, maintain and implement an action plan; and (b) comply with the plan. Maximum penalty—20 penalty units. ‘ (2) The action plan must contain the following information— (a) how the brand owner intends to ensure consumer packaging in which the brand owner’s products are sold (the “owner’s packaging” ), or used consumer packaging that is substantially similar to the owner’s packaging, is— (i) recovered; and (ii) re-used, recycled or used for energy recovery; (b) the quantity of each type of consumer packaging proposed to be— (i) recovered; and (ii) re-used, recycled or used for energy recovery;

s6 8 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 (c) how the brand owner intends to inform the public of the way in which the consumer packaging may be recovered. Maximum penalty—20 penalty units. ‘ (3) The quantity mentioned in subsection (2)(b) must be at least equivalent to the levels of recovery, and re-use, recycling or use for energy recovery, achieved by signatories to the covenant. ˙ ‘ Brand owner to keep information ‘ 38ZB.(1) A brand owner must, for each financial year, keep the following information for each material used by the brand owner as consumer packaging ( “consumer packaging material” ) in the year— (a) the number of consumer packaging items made from the material; (b) the weight of the material; (c) the weight of the material recovered; (d) the weight of the material re-used or recycled in Australia; (e) the weight of the material recovered and exported for re-use or recycling; (f) the weight of the material used for energy recovery; (g) the weight of the material disposed of at a landfill; (h) the recovery rate for the material. Maximum penalty—20 penalty units. ‘ (2) The brand owner must, if asked by the chief executive, give the information mentioned in subsection (1) to the chief executive within 28 days after the day the chief executive asks for it. Maximum penalty—20 penalty units. ‘ (3) In this section—

s6 9 s6 Environmental Protection Amendment (No. 1) No. 162, 2000 “recovery rate” means the rate at which the brand owner’s consumer packaging material is recovered using the formula— R = WR x 100% WS where— “R” means the recovery rate. “WR” means the weight of the brand owner’s consumer packaging material recovered. “WS” means the weight of the brand owner’s consumer packaging material sold in Australia. ˙ ‘ Claiming exemption on ground of commercial confidentiality ‘ 38ZC.(1) The brand owner may, by written notice given to the chief executive, claim information required to be given by the brand owner under section 38ZB(2) should be treated as confidential on the grounds of commercial confidentiality. ‘ (2) The notice must contain the information necessary to enable the chief executive to decide the claim. ‘ (3) The chief executive may, by written notice given to the brand owner, ask the brand owner to give the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the claim. ˙ ‘ Deciding claim for exemption on ground of commercial confidentiality ‘ 38ZD.(1) The chief executive may grant the claim only if the chief executive reasonably believes the information would be exempt matter under the Freedom of Information Act 1992 , section 45. 2 ‘ (2) If the chief executive grants the claim, the brand owner is exempted from giving the information to the chief executive. 2 Freedom of Information Act 1992 , section 45 (Matter relating to trade secrets, business affairs and research)

s 6 10 s 6 Environmental Protection Amendment (No. 1) No. 162, 2000 ‘ (3) The chief executive must give the brand owner written notice of the chief executive’s decision on the claim. ‘ (4) If the chief executive refuses to grant the claim, the notice must state— (a) the claim is refused and the reasons for the refusal; and (b) that the brand owner may, within 14 days after the notice is given, apply for a review of, or appeal against, the chief executive’s decision on the claim. ‘ (5) Subsection (6) applies if the chief executive does not give the brand owner a notice about the chief executive’s decision on the claim— (a) within 60 days after the claim is made; or (b) if the brand owner gave the chief executive further information under section 38ZC(3)—within 60 days after receiving the further information. ‘ (6) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days. ‘ Subdivision 3—Compliance notices ˙ ‘ Authorised person may give notice to comply ‘ 38ZE.(1) If an authorised person believes on reasonable grounds that a brand owner has contravened section 38ZA or 38ZB, the authorised person may give the brand owner a written notice under this section. ‘ (2) The notice must state— (a) the act or omission comprising the contravention; and (b) the action the brand owner may take to rectify the alleged contravention; and (c) the day by which the brand owner must take the action. ‘ (3) The stated day must be at least 3 months after the notice is given. ‘ (4) A brand owner must comply with the notice unless the brand owner has a reasonable excuse for not complying with it.

s 6 11 s 6 Environmental Protection Amendment (No. 1) No. 162, 2000 Maximum penalty—20 penalty units. ‘ (5) A brand owner can not be prosecuted for an alleged contravention of section 38ZA or 38ZB unless the brand owner— (a) is given a notice under subsection (1); and (b) does not comply with the notice. ‘ Division 3—Operators of kerbside recycling collection services to give information to chief executive ˙ ‘ Local governments ‘ 38ZF.(1) This section applies to a local government if it operates a kerbside recycling collection service within its local government area. ‘ (2) The local government must, within 3 months after the end of each financial year in which the service operates, give to the chief executive the following information for the year— (a) the number of residential and non-residential premises in the area; (b) the number of residential and non-residential premises serviced by the kerbside recycling collection service; (c) the participation rate for the service; (d) the fee charged to each household for the service; (e) the weight of each recyclable material collected; (f) the weight of each recyclable material disposed of at a landfill. ‘ (3) In this section— “household” , for a kerbside recycling collection service, includes residential premises and non-residential premises supplied with a container for the collection of recyclable material by the operator of the service. “participation rate” , for a kerbside recycling collection service, means the number of households participating in the service expressed as a percentage of the number of households to whom the service is provided.

s 7 12 s 8 Environmental Protection Amendment (No. 1) No. 162, 2000 “recyclable material” means material reasonably able to be recovered, reprocessed and used as raw material. ˙ ‘ Other operators ‘ 38ZG.(1) This section applies to a person, other than a local government, if the person operates a kerbside recycling collection service in a local government area. ‘ (2) The person must, within 2 months after the end of each financial year in which the service operates, give the local government for the area the information mentioned in section 38ZF(2)(b) and (d) to (f). Maximum penalty—20 penalty units. ‘ (3) The local government must give the information to the chief executive within 28 days after receiving it. ‘ Division 4—Expiry ˙ ‘ Expiry of pt 3B ‘ 38ZH. This part expires on 1 July 2004.’. ˙ Amendment of s 39 (Devolution of powers—environmentally relevant activities) 7. Section 39(4), ‘3 and 3A’— omit, insert— ‘3, 3A and 3B’. ˙ Amendment of s 62 (Review of decisions and appeal) 8.(1) Section 62(1)— insert— ‘(g) a decision of the chief executive under part 3B to—

s 9 13 s 9 Environmental Protection Amendment (No. 1) No. 162, 2000 (i) request information to decide a claim for an exemption on the ground of commercial confidentiality; or (ii) refuse to grant a claim for exemption on the ground of commercial confidentiality.’. (2) Section 62(2), ‘For subsection (1) or (1A)’— omit, insert— ‘For subsection (1)’. (3) Section 62(2)(c), ‘or (1A)’— omit. (4) Section 62(2)— insert— ‘(f) for a decision mentioned in subsection (1)(g)(i)—the person to whom the request is given; or (g) for a decision mentioned in subsection (1)(g)(ii)—the person whose claim is refused.’. ˙ Amendment of sch 9 (Dictionary) 9. Schedule 9— insert— ‘ “council” means the National Environment Protection Council under the National Environment Protection Council (Queensland) Act 1994 .’. ENDNOTES 1. Made by the Governor in Council on 29 June 2000. 2. Notified in the gazette on 30 June 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Environmental Protection Agency. © State of Queensland 2000