Environmental Protection Amendment Regulation (No. 2) 2005 (Qld)

Queensland Environmental Protection Amendment Regulation (No. 2) 2005 Subordinate Legislation 2005 No. 322 made under the Environmental Protection Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 38W (Purpose of pt 3B). . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 38X (Definitions for pt 3B) . . . . . . . . . . . . . . . . . 2 5 Amendment of s 38Y (General) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Replacement of pt 3B, div 2, hdg (Responsibilities of brand owners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 38Z (Application of div 2) . . . . . . . . . . . . . . . . . 4 8 Amendment of s 38ZA (Action plans). . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s 38ZB (Brand owner to keep information) . . . . . 6 10 Amendment of s 38ZE (Authorised person may give notice to comply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s 38ZH (Expiry of pt 3B). . . . . . . . . . . . . . . . . . . . 7

s1 2 s4 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 1 Short title This regulation may be cited as the Environmental Protection Amendment Regulation (No. 2) 2005 . 2 Regulation amended This regulation amends the EnvironmentalProtectionRegulation 1998. 3 Amendment of s 38W (Purpose of pt 3B) (1) Section 38W, after ‘Measure’— insert — ‘dated 14 July 1999’. (2) Section 38W, from ‘section 14’— omit, insert— ‘the National Environment Protection Council (Queensland) Act 1994 , and particular Acts of other States.’. 4 Amendment of s 38X (Definitions for pt 3B) (1) Section 38X, definitions brand owner, consumer packaging material, covenant, kerbside recycling collection service, and UPM-NEPM— omit . (2) Section 38X— insert — ‘ brand owner means— (a) for an imported product—the first person to sell it in Australia; or (b) for in-store packaging—a person who supplies it to a retailer; or (c) for plastic bags— (i) a person who imports or manufactures them; or

s4 3 s4 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 (ii) a retailer who supplies them to consumers to transport, from the point of sale, products bought by the consumers from the retailer; or (d) otherwise— (i) a person who owns, or is the licensee in Australia of, a trade mark under which a product is sold or otherwise distributed in Australia, whether the trade mark is registered or not; or (ii) the franchisee in Australia of a business arrangement that allows a person to operate a business under the name of an already established business. consumer packaging material means a packaging product, whether made of a single or composite material, used to contain, handle, market or protect a consumer product sold by retail. Examples — consumer paper and material for distribution packaging used to contain a consumer product sold by retail consumer paper means all cardboard or paper, other than paper used to publish magazines or newspapers, from domestic premises. covenant means— (a) the document called ‘The National Packaging Covenant 15 July 2005 to 30 June 2010’ dated July 2005, referred to in the measure mentioned in section 38W; and (b) the annexures and schedules to the document mentioned in paragraph (a). kerbside recycling collection means collection from the roadside of commercial, domestic or industrial waste that has been separated for the purpose of recycling. plastic bags means lightweight (between 2g and 8g in weight), singlet-style, single-use high density polyethylene carry bags made to supply to consumers for them to transport goods purchased.’.

s5 4 s7 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 5 Amendment of s 38Y (General) (1) Section 38Y, ‘UPM-NEPM’, first mention— omit, insert— ‘measure mentioned in section 38W’. (2) Section 38Y, ‘UPM-NEPM’, second mention— omit, insert— ‘measure’. 6 Replacement of pt 3B, div 2, hdg (Responsibilities of brand owners) Part 3B, division 2, heading— omit, insert— ‘Division 2 Responsibilities of particular brand owners’. 7 Amendment of s 38Z (Application of div 2) (1) Section 38Z(1)(b)(ii)’— omit, insert— ‘(ii) the brand owner’s business has, in the most recent financial year, had a gross turnover of less than $2m.’. (2) Section 38Z(2)— omit, insert — ‘(2) However, this division does not apply to a brand owner in relation to plastic bags if the chief executive is satisfied the brand owner— (a) is a retailer; and (b) is complying with the plastic bag code of practice, whether or not the retailer is a signatory to that code. ‘(3) In this section— ‘ plastic bag code of practice means—

s8 5 s8 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 (a) until 31 December 2005—the document made by the Australian Retailers’ Association called ‘Australian Retailers Association Code of Practice for the Management of Plastic Bags’ dated 8 October 2003, set out in schedule 7 of the covenant; or (b) after 31 December 2005—any document, however called, made by the Australian Retailers’ Association that deals with the managed reduction and recycling of plastic bags.’. 8 Amendment of s 38ZA (Action plans) (1) Section 38ZA(1), ‘A brand owner’— omit, insert — ‘The brand owner’. (2) Section 38ZA(1)(a), after ‘an action plan’— insert — ‘that complies with subsections (2) to (4)’. (3) Section 38ZA(3)— omit, insert — ‘(3) The quantity mentioned in subsection (2)(b) must consist of at least the following percentage of consumer packaging materials recovered by or for the brand owner— (a) for consumer paper—80%; (b) for glass—60%; (c) for steel—65%; (d) for aluminium—75%; (e) for plastics—35%. ‘(4) The action plan must state— (a) that all consumer packaging materials to be recovered by or for the brand owner will be reused, recycled, or used for energy recovery in the following order (the preferred order )—

s9 6 s9 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 (i) for re-use in the packaging of the brand owner’s own products; (ii) for use within the State as a secondary resource; (iii) for use within Australia as a secondary resource; (iv) for export as a secondary resource; or (b) if the brand owner considers it will be impracticable to reuse, recycle, or use for energy recovery the materials in the preferred order— (i) reasons why the brand owner considers the preferred order impracticable; and (ii) the order in which the materials will be reused, recycled, or used for energy recovery. ‘(5) In this section— secondary resource means a resource used or to be used— (a) to manufacture new consumer packaging or another product to replace raw or virgin materials; or (b) for energy recovery.’. 9 Amendment of s 38ZB (Brand owner to keep information) (1) Section 38ZB(1)— omit, insert — ‘(1) The brand owner must, for each financial year, keep for at least 5 years from the end of the year— (a) the following information about each type of consumer packaging material used by the brand owner in the year— (i) the number of consumer packaging items made from the type; (ii) the total weight of the type sold in Australia; and (b) the following information about consumer packaging material recovered by or for the brand owner in the year and reused, recycled or used for energy recovery—

s 10 7 s 11 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 (i) the total weight of the material; (ii) how much of the material was reused or recycled in Australia; (iii) how much of the material was exported for re-use or recycling; (iv) how much of the material was used for energy recovery; (v) the recovery rate of the material; and (c) the weight of the consumer packaging material recovered by or for the brand owner in the year that was disposed of at a landfill. Maximum penalty—20 penalty units.’. (2) Section 38ZB(3), definition recovery rate , before ‘means the rate’— insert — ‘, for consumer packaging material,’. (3) Section 38ZB(3), definition recovery rate , ‘brand owner’s’— omit. 10 Amendment of s 38ZE (Authorised person may give notice to comply) Section 38ZE(1), ‘a brand owner’— omit, insert— ‘the brand owner’. 11 Amendment of s 38ZH (Expiry of pt 3B) Section 38ZH, ‘1 January 2006’— omit, insert— ‘1 July 2010’.

8 Environmental Protection Amendment Regulation No. 322, 2005 (No. 2) 2005 ENDNOTES 1 Made by the Governor in Council on 15 December 2005. 2 Notified in the gazette on 16 December 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Environmental Protection Agency. © State of Queensland 2005