Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2026L00843 Rules In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by authority of the Minister for the Environment and Water

 

Product Emissions Standards Act 2017

Recycling and Waste Reduction Act 2020

Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026

 

Purpose

 

The Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026 (the Amendment Rules) amend each of the following rules for the purpose of transferring functions and powers from the Minister or Secretary (as applicable) to the Chief Executive Officer (CEO) of the National Environmental Protection Agency (NEPA), to align with reforms to relevant Acts:

  • Product Emissions Standards Rules 2017 (PES Rules);
  • Recycling and Waste Reduction (Export–Waste Glass) Rules 2020 (Glass Rules);
  • Recycling and Waste Reduction (Export–Waste Paper and Cardboard) Rules 2024 (Paper and Cardboard Rules);
  • Recycling and Waste Reduction (Export–Waste Plastic) Rules 2021 (Plastic Rules);
  • Recycling and Waste Reduction (Export–Waste Tyres) Rules 2021 (Tyre Rules);
  • Recycling and Waste Reduction (Fees) Rules 2020 (Fee Rules);
  • Recycling and Waste Reduction (Product Stewardship–Television and Computers) Rules 2021 (NTCRS Rules).

Legislative authority

Section 51 of the Product Emissions Standards Act 2017 (PES Act) relevantly provides that the Minister may, by legislative instrument, make rules prescribing matters required or permitted by the PES Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the PES Act.

Section 188 of the Recycling and Waste Reduction Act 2020 (RAWR Act) relevantly provides that the Minister may, by legislative instrument, make rules prescribing matters required or permitted by the RAWR Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the RAWR Act.

The Amendment Rules are made under section 51 of the PES Act and section 188 of the RAWR Act.

Background

The National Environmental Protection Agency Act 2025 (NEPA Act) establishes Australia’s first national independent environmental protection agency, the NEPA, to undertake regulatory and implementation functions under a range of Commonwealth environmental laws. These functions include issuing permits and licences and undertaking compliance and enforcement activities.

The NEPA will be established on 1 July 2026, on commencement of the NEPA Act.

Schedule 2 of the Environment Protection Reform Act 2025 (EPR Act) enables the NEPA to undertake these functions by amending nine Commonwealth Acts to confer relevant powers and functions relating to regulatory functions and compliance and enforcement to the CEO of NEPA. Relevantly, these Acts include the PES Act and the RAWR Act.

The amendments made by Schedule 2 of the EPR Act to the PES Act and RAWR Act commence on 1 July 2026, to coincide with the establishment of the NEPA and the CEO.

Impact and effect

The Amendment Rules make amendments to the following rules to transfer powers and functions in those rules relating to regulatory functions, compliance and enforcement to the CEO of NEPA:

  • the PES Rules
  • the Glass Rules;
  • the Paper and Cardboard Rules;
  • the Plastic Rules;
  • the Tyre Rules;
  • the Fees Rules;
  • the NTCRS Rules.

These rules are made under either the PES Act or RAWR Act, which were amended by Schedule 2 of the EPR Act for the same purpose.

These functions and powers are regulatory in nature and appropriate for the NEPA as an independent regulator. The Minister retains responsibility for direction setting and Australian government policy relevant to these laws.

The Amendment Rules also make necessary consequential amendments to the listed rules to support the amendments by Schedule 2 of the EPR Act.

Pre-conditions to making the Consequential Rules

Neither the PES Act nor RAWR Act specifies any conditions that need to be satisfied before the power to make the Amendment Rules can be exercised.

Consultation

The Australian Government consulted widely, including with environment and business groups, First Nations organisations, scientists and State and Territory Governments on the reforms in the EPR Act and the NEPA Act. This included the Minister personally holding more than 90 meetings, roundtables and forums with interested stakeholders.

The Department has also consulted with a technical working groups and the public on the policy relating to the changes in the Amendment Rules. Feedback on this policy was generally positive and no negative views were raised.

As the Amendment Rules reflect the policy that was consulted on, further public consultation on the draft instrument was not considered necessary

Details and operation

Details of the Amendment Rules are set out in Attachment A.

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003.

The Amendment Rules commence on 1 July 2026.

The Amendment Rules are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.


ATTACHMENT A

 

 

Details of the Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026

 

Section 1 – Name

 

  1.              This section provides that the title of the instrument is the Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026 (the Amendment Rules).

Section 2 – Commencement

 

  1.              This section provides that the Amendment Rules commences on 1 July 2026.
  2.              This aligns with the commencement of Schedule 2 of the Environment Protection Reform Act 2025 (EPR Act) which supports the establishment of the National Environmental Protection Agency (NEPA) from that date.

Section 3 – Authority

 

  1.              This section provides that the Amendment Rules is made under each of:
    •                 the Product Emissions Standards Act 2017 (PES Act); and
    •                 the Recycling and Waste Reduction Act 2020 (RAWR Act).

Section 4 – Schedules

 

  1.              This section provides that each instrument that is specified in a Schedule to the Amendment Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

  1.              The amendments made by Schedule 1 to the Amendment Rules have the effect of transferring existing powers and functions under each of the following rules from the Minister or Secretary (as applicable) to the Chief Executive Officer (CEO) of the new NEPA:

 

  •                 the Product Emissions Standards Rules 2017 (PES Rules);

 

  •                 the Recycling and Waste Reduction (Export – Waste Glass) Rules 2020 (Glass Rules);

 

  •                 the Recycling and Waste Reduction (Export – Waste Paper and Cardboard) 2024 (Paper and Cardboard Rules);

 

  •                 the Recycling and Waste Reduction (Export – Waste Plastic) Rules 2021 (Plastic Rules);

 

  •                 the Recycling and Waste Reduction (Export -Waste Tyres) Rules 2021 (Tyre Rules);

 

  •                 Recycling and Waste Reduction (Fees) 2020 (Fee Rules);

 

  •                 Recycling and Waste Reduction (Product Stewardship – Televisions and Computers) Rules 2021 (NTCRS Rules).

 

Product Emissions Standards Rules 2017

 

Item [1] – Section 4

 

  1.              Section 4 of the PES Rules provides a simplified outline of the PES Rules.

 

  1.              Item 1 of Schedule 1 to the Amendment Rules amends section 4 of the PES Rules to omit the references to the Secretary and substitute references to the CEO.

 

  1.              This amendment is consequential to the amendments made by items 2 to 64 of Schedule 1 to the Amendment Rules, which have the effect of transferring relevant functions and powers under the PES Rules to the CEO of NEPA.

 

Item [2] – Section 5 (after paragraph (a) of the note to the heading)

 

  1.          Section 5 of the PES Rules provides definitions for key terms used in the PES Rules. The note to the heading of section 5 explains that a number of terms used in the PES Rules are defined in the PES Act, including Australia, emissions-controlled product, emissions standard, mark, product, regulatory authority, Secretary and supply.

 

  1.          Item 2 of Schedule 1 to the Amendment Rules amends section 5 of the PES Rules to insert new paragraph (aa) in the note to the heading. New paragraph (aa) has the effect that CEO is listed as an additional term used in the PES Rules that is defined in the PES Act.

 

Item [3] – Section 5 (paragraph (g) of the note in the heading)

 

  1.          Section 5 of the PES Rules provides definitions for key terms used in the PES Rules. The note to the heading of section 5 explains that a number of terms used in the PES Rules are defined in the PES Act, including Australia, emissions-controlled product, emissions standard, mark, product, regulatory authority, Secretary and supply.

 

  1.          Item 3 of Schedule 1 to the Amendment Rules amends the note to the heading of section 5 of the PES Rules to omit paragraph (g). The effect of this amendment is to remove the reference to Secretary from the note. This amendment is consequential to the amendments in items 5 to 64 of Schedule 1 to the Amendment Rules, which have the combined effect that the term Secretary is no longer used in the PES Rules.

 

Item [4] – Section 5

 

  1.          Section 5 of the PES Rules provides definitions for key terms used in the Rules.

 

  1.          Item 4 of Schedule 1 to the Amendment Rules amends section 5 of the PES Rules to insert a new definition for the term NEPA. NEPA is defined to have the same meaning as in the National Environmental Protection Agency Act 2025. The note to the definition clarifies that NEPA is short for the National Environmental Protection Agency.

 

Item [5] – Paragraph 11(3)(b)

 

  1.          Subsection 10(1) of the PES Act enables the rules to provide for an emissions-controlled product to be certified for the purposes of the PES Act. Subsection 10(2) has the effect that the rules must not provide for a product to be certified unless either of the following are met:

 

  •                 the Secretary is satisfied that the product complies with an emissions standard set out in the rules for the product (paragraph 10(2)(a)); or

 

  •                 the product is certified by a regulatory authority specified in the rules for the product, as meeting an emissions standard specified in the rules for the product (paragraph 10(2)(b)).

 

  1.          Part 3 of PES Rules sets out, for the purposes of paragraph 10(2)(a) of the PES Act, emissions standards for emissions-controlled products. Section 11 prescribes the Australian emissions standard for a propulsion marine engine and sets out the requirements of this standard. These requirements are the requirements of the specified provisions of 40 CFR 1045, subject to the modifications of that standard set out in subsections 11(3) to (5). Paragraph 11(3)(b) has the effect of modifying 40 CFR 1045 to the effect that:

 

  •                 a reference in 40 CFR 1045 to “we” or “us” is taken to be a reference to the Secretary; and

 

  •                 a reference to “our” in 40 CFR 1045 is modified in a corresponding way.

 

  1.          Item 5 of Schedule 1 to the Amendment Rules amends paragraph 11(3)(b) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is that the references to ‘we’, ‘us’ and ‘our’ in 40 CFR 1045 are, for the purposes of the Australian emissions standard for a propulsion marine engine,  taken to be a reference to the CEO.

 

  1.          This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions relating to certifying emissions-controlled products to the CEO of NEPA.

 

Item [6] – Paragraph 11(3)(g) (note)

 

  1.          Section 11 of the PES Rules prescribes the Australian emissions standard for a propulsion marine engine and sets out the requirements of this standard. These requirements are the requirements of the specified provisions of 40 CFR 1045, subject to the modifications of that standard set out in subsections 11(3) to (5).

 

  1.          Paragraph 11(3)(f) has the effect of modifying 40 CFR 1045 to the effect that paragraph, 40 CFR 1045.501(c) is taken to allow the use of unleaded petrol or premium unleaded petrol as an alternative to using fuels specified in 40 CFR 1065, subpart H, if that petrol complies with the fuel standard (within the meaning of the Fuel Quality Standards Act 2000) to which the petrol is subject. The note following paragraph 11(3)(g) explains that in 2017 the relevant fuel standard was the Fuel Standard (Petrol) Determination 2001.

 

  1.          Item 6 of Schedule 1 to the Amendment Rules amends paragraph 11(3)(g) of the PES Rules to repeal the existing note after this provision and substitute a new note. The new note explains that in 2026, the relevant fuel standard was the Fuel Quality Standards (Petrol) Determination 2024.

 

  1.          This amendment is consequential to the repeal of the Fuel Standard (Petrol) Determination 2001 on 1 October 2019 and subsequent commencement of the Fuel Quality Standards (Petrol Determination) 2024 on 24 April 2024.

 

Item [7] – Paragraph 12(3)(b)

 

  1.          Section 12 of the PES Rules prescribes the Australian emissions standard for a non-road engine and sets out the requirements of this standard. These requirements are the requirements of the specified provisions of 40 CFR 1054, subject to the modifications of that standard set out in subsections 12(3) to (5). Paragraph 12(3)(b) has the effect of modifying 40 CFR 1054 to the effect that:

 

  •                 a reference in 40 CFR 1054 to “we” or “us” is taken to be a reference to the Secretary; and

 

  •                 a reference to “our” in 40 CFR 154 is modified in a corresponding way.

 

  1.          Item 7 of Schedule 1 to the Amendment Rules amends paragraph 12(3)(b) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is that the references to ‘we’, ‘us’ and ‘our’ in 40 CFR 1054 are, for the purposes of the Australian emissions standard for a non-road engine, taken to be a reference to the CEO.

 

  1.          This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions relating to certifying emissions-controlled products to the CEO of NEPA.

 

Item [8] – Paragraph 12(3)(f) (note)

 

  1.          Section 12 of the PES Rules prescribes the Australian emissions standard for a non-road engine and sets out the requirements of this standard. These requirements are the requirements of the specified provisions of 40 CFR 104, subject to the modifications of that standard set out in subsections 12(3) to (5).

 

  1.          Paragraph 12(3)(f) has the effect of modifying 40 CFR 1054 to the effect that paragraph, 40 CFR 1054.501(b)(2) is taken to allow the use of unleaded petrol or premium unleaded petrol as an alternative to using fuels specified in 40 CFR 1065, subpart H, if that petrol complies with the fuel standard (within the meaning of the Fuel Quality Standards Act 2000) to which the petrol is subject. The note following paragraph 12(3)(f) explains that in 2017 the relevant fuel standard was the Fuel Standard (Petrol) Determination 2001.

 

  1.          Item 8 of Schedule 1 to the Amendment Rules amends paragraph 12(3)(f) of the PES Rules to repeal the existing note after this provision and substitute a new note. The new note explains that in 2026, the relevant fuel standard was the Fuel Quality Standards (Petrol) Determination 2024.

 

  1.          This amendment is consequential to the repeal of the Fuel Standard (Petrol) Determination 2001 on 1 October 2019 and subsequent commencement of the Fuel Quality Standards (Petrol Determination) 2024 on 24 April 2024.

 

Item [9] – Section 14 (heading)

 

  1.          Section 14 of the PES Rules allows the Secretary, in making a decision under an Australian emissions standard, to have regard to decisions made by other regulatory authorities under other emissions standards.

 

  1.          Item 9 of Schedule 1 to the Amendment Rules amends the heading to section 14 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendments made by item 10 of Schedule 1 to the Amendment Rules and Schedule 2 to the EPR Act which transfer the functions relating to  making decisions under an emissions standard to the CEO of NEPA.

 

Item [10] – Section 14

 

  1.          Section 14 of the PES Rules allows the Secretary, in making a decision under an Australian emissions standard, to have regard to decisions made by other regulatory authorities under other emissions standards.

 

  1.          Item 10 of Schedule 1 to the Amendment Rules amends the section 14 of the PES Rules to omit the reference to Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendments made by Schedule 2 to the EPR Act which transfer functions relating to making decisions under an emissions standard to the CEO of NEPA.

 

Item [11] – Section 14 (example)

 

  1.          Section 14 of the PES Rules allows the Secretary, in making a decision under an Australian emissions standard, to have regard to decisions made by other regulatory authorities under other emissions standards. The example following section 14 explains in considering whether to approve an alternative test cycle, the Secretary may have regard to test cycles approved by the United States Environmental Protection Agency under 40 CFR 1065.10.

 

  1.          Item 11 of Schedule 1 to the Amendment Rules amends the example following section 14 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendments made by item 10 of Schedule 1 to the Amendment Rules and Schedule 2 to the EPR Act which transfer the functions relating to  making decisions under an emissions standard to the CEO of NEPA.

 

Item [12] – Subsection 18(1)

 

  1.          Section 18 of the PES Rules deals with applying for certification of emissions-controlled products. Subsection 18(1) allows a person to apply to the Secretary for certification of specified emissions-controlled products in a single engine family.

 

  1.          Item 12 of Schedule 1 to the Amendment Rules amends subsection 18(1) of the PES Rules to omit the reference to Secretary and substitute a reference to the CEO. The effect of this amendment is that a person may instead apply to the CEO for certification of specified emissions-controlled products in a single engine family.

 

  1.          This amendment is consequential to the amendments made by items 15 to 19 of Schedule 1 to the Amendment Rules, which transfer the functions relating to certifying emissions-controlled products to the CEO of NEPA.

 

Item [13] – Paragraph 18(3)(c)

 

  1.          Section 18 of the PES Rules deals applying for certification of emissions-controlled products. Subsection 18(1) allows a person to apply to the Secretary for certification of specified emissions-controlled products in a single engine family. Paragraph 18(3)(c) requires an application under subsection 18(1) to be given to the Secretary in the manner and form (if any) approved under subsection 18(4).

 

  1.          Item 13 of the Amendment Rules amends paragraph 18(3)(c) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is that the manner and form for an application for certification of an emissions-controlled product under subsection 18(1) will be approved by the CEO of NEPA.

 

  1.          This amendment is consequential to the amendments made by items 15 to 19 of Schedule 1 to the Amendment Rules, which transfer the functions relating to certifying emissions-controlled products to the CEO of NEPA.

 

Item [14] – Subsection 18(4)

 

  1.          Section 18 of the PES Rules deals applying for certification of emissions-controlled products. Subsection 18(1) allows a person to apply to the Secretary for certification of specified emissions-controlled products in a single engine family.

 

  1.          Paragraph 18(3)(c) requires an application under subsection 18(1) to be given to the Secretary in the manner and form (if any) approved under subsection 18(4). Subsection 18(4) allows the Secretary to approve, by notice in writing published on the Department’s website, the manner and form in which an application must be given under subsection  18(1).

 

  1.          Item 14 of Schedule 1 to the Amendment Rules amends subsection 18(4) of the PES Rules to omit the references to the Secretary and the Department’s website and substitute, respectively, references to the CEO and the NEPA’s website. The effect of this amendment is to transfer the function of approving the manner and form in which an application may be made under subsection 18(1) to the CEO of NEPA.

 

  1.          This amendment is consequential to the amendments made by items 15 to 19 of Schedule 1 to the Amendment Rules, which transfer the functions relating to certifying emissions-controlled products to the CEO of NEPA.

 

Item [15] – Section 19

 

  1.          Section 19 of the PES Rules allows the Secretary, within 60 days of receiving an application under subsection 18(1) for certification of specified emissions‑controlled products in a single engine family, to request the applicant, in writing, to give to the Secretary specified information in relation to the application.

 

  1.          Item 15 of Schedule 1 to the Amendment Rules amends section 19 of the PES Rules to omit the references to the Secretary and substitute references to the CEO. The effect of this amendment is to transfer the function of requesting further information in relation to an application made under subsection 18(1) to the CEO of NEPA.

 

  1.          This amendment is consequential to the amendments made by items 16 to 19 of Schedule 1 to the Amendment Rules, which transfer the functions relating to certifying emissions-controlled products to the CEO of NEPA.

 

Item [16] – Subsection 20(1)

 

  1.          Section 20 of the PES Rules deals with certifying emissions-controlled products by issuing Australian certificates of conformity. Subsection 20(1) requires the Secretary, after receiving an application under section 18 for certification of emissions-controlled products, to either:

 

  •                 certify, by notice published on the Department’s website, that the products comply with the Australian emissions standard for the products (if the Secretary is satisfied that the conditions in subsection 20(2) are met); or

 

  •                 otherwise – refuse the application, by written notice to the applicant.

 

  1.          The notice published under paragraph 20(1)(a) is an Australian certificate of conformity (see section 4).

 

  1.          Item 16 of Schedule 1 to the Amendment Rules amends subsection 20(1) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of certifying emissions-controlled products to the CEO of NEPA.

 

Item [17] – Paragraph 20(1)(a)

 

  1.          Section 20 of the PES Rules deals with certifying emissions-controlled products by issuing Australian certificates of conformity. Subsection 20(1) requires the Secretary, after receiving an application under section 18 for certification of emissions-controlled products, to either:

 

  •                 certify, by notice published on the Department’s website, that the products comply with the Australian emissions standard for the products (if the Secretary is satisfied that the conditions in subsection 20(2) are met) (paragraph 20(1)(a)); or

 

  •                 otherwise – refuse the application, by written notice to the applicant (paragraph 20(1)(b)).

 

  1.          The notice published under paragraph 20(1)(a) is an Australian certificate of conformity (see section 4).

 

  1.          Item 17 of Schedule 1 to the Amendment Rules amends paragraph 20(1)(a) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendment made by item 16 of Schedule 1 to the Amendment Rules, which transfer the function of certifying emissions-controlled products to the CEO of NEPA.

 

Item [18] – Paragraph 20(1)(a)

 

  1.          Section 20 of the PES Rules deals with certifying emissions-controlled products by issuing Australian certificates of conformity. Subsection 20(1) requires the Secretary, after receiving an application under section 18 for certification of emissions-controlled products, to either:

 

  •                 certify, by notice published on the Department’s website, that the products comply with the Australian emissions standard for the products (if the Secretary is satisfied that the conditions in subsection 20(2) are met) (paragraph 20(1)(a)); or

 

  •                 otherwise – refuse the application, by written notice to the applicant (paragraph 20(1)(b)).

 

  1.          The notice published under paragraph 20(1)(a) is an Australian certificate of conformity (see section 4).

 

  1.          Item 18 of Schedule 1 to the Amendment Rules amends paragraph 20(1)(a) of the PES Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require an Australian certificate of conformity to be published on the NEPA’s website.

 

  1.          This amendment is consequential to the amendment made by item 16 of Schedule 1 to the Amendment Rules, which transfers the function of certifying emissions-controlled products to the CEO of NEPA.

 

Item [19] – Subsection 20(3)

 

  1.          Section 20 of the PES Rules deals with certifying emissions-controlled products by issuing Australian certificates of conformity. Subsection 20(3) provides that an Australian certificate of conformity comes into force on the day specified by the Secretary in the certificate.  

 

  1.          Item 19 of Schedule 1 to the Amendment Rules amends subsection 20(3) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is that an Australian certificate of conformity comes into force on the day specified by the CEO in the certificate.

 

  1.          This amendment is consequential to the amendment made by item 16 of Schedule 1 to the Amendment Rules, which transfers the function of certifying emissions-controlled products to the CEO of NEPA.

 

Item [20] – Section 21 (heading)

 

  1.          Section 21 of the PES Rules has the effect that the Secretary is deemed to have refused an application for certification of emissions-controlled products made under section 18 if the Secretary has not made a decision on the application at the end of 60 days after receiving the application or, if further information has been requested under section 19 in relation to the application, at the end of 60 days after receiving the further information.

 

  1.          Item 20 of Schedule 1 to the Amendment Rules amends the heading to section 21 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendments made by items 16 and 21 of the Amendment Rules which, respectively, transfer the function of certifying emissions-controlled products to the CEO of NEPA and amend section 21 to reflect that change.

 

Item [21] – Subsections 21(1) and (2)

 

  1.          Section 21 of the PES Rules has the effect that the Secretary is deemed to have refused an application for certification of emissions-controlled products made under section 18 if the Secretary has not made a decision on the application at the end of 60 days after receiving the application or, if further information has been requested under section 19 in relation to the application, at the end of 60 days after receiving the further information.

 

  1.          Item 21 of Schedule 1 to the Amendment Rules amends the subsections 21(1) and 21(2) of the PES Rules to omit the references to the Secretary in both provisions and substitute references to the CEO.

 

  1.          This amendment is consequential to the amendment made by item 16 of Schedule 1 to the Amendment Rules, which transfers the function of certifying emissions-controlled products to the CEO of NEPA.

 

Item [22] – Subsection 22(1)

 

  1.          Section 22 of the PES Rules deals with varying an Australian certificate of conformity. Subsection 22(1) allows the Secretary to, at any time, by notice published on the Department’s website, vary an Australian certificate of conformity.

 

  1.          Item 22 of Schedule 1 to the Amendment Rules amends subsection 22(1) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of varying Australian certificates of conformity to the CEO of NEPA.

 

Item [23] – Subsection 22(1)

 

  1.          Section 22 of the PES Rules deals with varying an Australian certificate of conformity. Subsection 22(1) allows the Secretary to, at any time, by notice published on the Department’s website, vary an Australian certificate of conformity.

 

  1.          Item 23 of Schedule 1 to the Amendment Rules amends subsection 22(1) of the PES Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require the notice of a variation of an Australian certificate of conformity to be published on the NEPA’s website.

 

  1.          This amendment is consequential to the amendment made by item 22 of Schedule 1 to the Amendment Rules, which transfers the function of varying an Australian certificate of conformity to the CEO of NEPA.

 

Item [24] – Subsection 23(1)

 

  1.          Section 23 of the PES Rules deals with suspending an Australian certificate of conformity. Subsection 23(1) allows the Secretary to, by notice published on the Department’s website, suspend n Australian certificate of conformity for emissions-controlled products if the Secretary reasonably suspects that any of the products do not comply with the Australian emissions standard for the products.

 

  1.          Item 24 of Schedule 1 to the Amendment Rules amends subsection 23(1) of the PES Rules to omit the references to the Secretary and the Department’s website and substitute, respectively, references to the CEO and the NEPA’s website. The effect of this amendment is to transfer the function of suspending an Australian certificate of conformity to the CEO of NEPA.

 

Item [25] – Subsection 23(5)

 

  1.          Section 23 of the PES Rules deals with the suspension of an Australian certificate of conformity. Subsection 23(5) allows the Secretary, by notice published on the Department’s website, to end the suspension of an Australian certificate of conformity.

 

  1.          Item 25 of Schedule 1 to the Amendment Rules amends subsection 23(5) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of ending the suspension of an Australian certificate of conformity to the CEO of NEPA.

 

Item [26] – Subsection 23(5)

 

  1.          Section 23 of the PES Rules deals with the suspension of an Australian certificate of conformity. Subsection 23(5) allows the Secretary, by notice published on the Department’s website, to end the suspension of an Australian certificate of conformity.

 

  1.          Item 26 of Schedule 1 to the Amendment Rules amends subsection 23(5) of the PES Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require a notice ending the suspension of an Australian certificate of conformity to be published on the NEPA’s website.

 

  1.          This amendment is consequential to the amendment made by item 25 of Schedule 1 to the Amendment Rules, which transfers the function of ending the suspension of an Australian certificate of conformity to the CEO of NEPA.

 

Item [27] – Subsection 23(7)

 

  1.          Section 23 of the PES Rules deals with the suspension of an Australian certificate of conformity. Subsection 23(5) allows the Secretary, by notice published on the Department’s website, to end the suspension of an Australian certificate of conformity. Subsection 23(7) requires that, before ending the suspension of an Australian certificate of conformity in relation to an emissions-controlled product, the Secretary must be satisfied that the product complies with the Australian emissions standard for the product.

 

  1.          Item 27 of Schedule 1 to the Amendment Rules amends subsection 23(7) of the PES Rules to omit the references to the Secretary and substitute references to the CEO.

 

  1.          This amendment is consequential to the amendment made by item 25 of Schedule 1 to the Amendment Rules, which transfers the function of ending the suspension of an Australian certificate of conformity to the CEO of NEPA.

 

Item [28] – Subsection 24(1)

 

  1.          Section 24 of the PES Rules deals with revoking an Australian certificate of conformity. Subsection 24(1) allows the Secretary, by notice published on the Department’s website, to revoke an Australian certificate of conformity for emissions-controlled products if the Secretary is reasonably satisfied that any of the products do not comply with the Australian emissions standard for the products.

 

  1.          Item 28 of Schedule 1 to the Amendment Rules amends subsection 24(1) of the PES Rules to omit the references to the Secretary and the Department’s website and substitute, respectively, references to the CEO and the NEPA’s website. The effect of this amendment is to transfer the function of revoking an Australian certificate of conformity to the CEO of NEPA.

 

Item [29] – Subsection 24(3)

 

  1.          Section 24 of the PES Rules deals with revoking an Australian certificate of conformity. Subsection 24(1) allows the Secretary, by notice published on the Department’s website, to revoke an Australian certificate of conformity for emissions-controlled products if the Secretary is reasonably satisfied that any of the products do not comply with the Australian emissions standard for the products. Subsection 24(3) clarifies that, to avoid doubt, the Secretary may revoke an Australian certificate of conformity whether or not the Secretary has suspended the certificate.

 

  1.          Item 29 of Schedule 1 to the Amendment Rules amends subsection 24(3) of the PES Rules to omit the references to the Secretary and substitute references to the CEO.

 

  1.          This amendment is consequential to the amendment made by item 28 of Schedule 1 to the Amendment Rules, which transfers the function of revoking an Australian certificate of conformity to the CEO of NEPA.

 

Item [30] – Subdivision C of Division 2 of Part 4 (heading)

 

  1.          Subdivision C of Division 2 of Part 4 of the PES Rules deals with giving copies of notices to applicants.

 

  1.          Item 30 of Schedule 1 to the Amendment Rules amends the heading to Subdivision C of Division 2 of Part 4 to of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendment made by item 32 of Schedule 1 to the Amendment Rules, which amends section 25 of the PES Rules to transfer the function of giving relevant notices to applicants to the CEO of NEPA.

 

Item [31] – Section 25 (heading)

 

  1.          Section 25 of the PES Rules requires the Secretary to, if reasonably practicable, give the applicant for an Australian certificate of conformity a copy of any notice required to be published on the Department’s website that relates to that certificate.

 

  1.          Item 31 of Schedule 1 to the Amendment Rules amends the heading to section 25 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.          This amendment is consequential to the amendment made by item 32 of Schedule 1 to the Amendment Rules, which amends section 25 of the PES Rules to transfer the function of giving relevant notices to applicants to the CEO of NEPA.

 

Item [32] – Subsection 25(1)

 

  1.          Section 25 of the PES Rules requires the Secretary to, if reasonably practicable, give the applicant for an Australian certificate of conformity a copy of any notice required to be published on the Department’s website that relates to that certificate.

 

  1.      Item 32 of Schedule 1 to the Amendment Rules amends subsection 25(1) of the PES Rules to omit the references to the Secretary and the Department’s website and substitute, respectively, references to the CEO and the NEPA’s website. The effect of this amendment is to transfer the function of giving relevant notices to applicants to the CEO of NEPA.

 

Item [33] – Subsection 26(1) (table item 7, column 4)

 

  1.      Section 26 of the PES Rules deals with foreign certification of an emissions-controlled product. The table in subsection 26(1) lists, for each kind of emissions-controlled product, the relevant foreign regulatory authority, emissions standard and foreign certificate of conformity that will be accepted.

 

  1.      Item 7 of the table in subsection 26(1) has the effect that non-road engines are considered to be foreign certified if Environment and Climate Change Canada has assessed the product against the Off‑Road Small Spark Ignition Engine Emission Regulations (SOR/2003‑355) (Canada), as in force from time to time and applying to the 2013 model year or a later model year, and has issued a formal letter stating that evidence of conformity has been produced in a form and manner satisfactory to the Minister under section 17 of the emissions standard.

 

  1.      Item 33 of Schedule 1 to the Amendment Rules amends column 4 of item 7 of the table in subsection 26(1) of the PES Rules to omit the reference to the Minister and substitute a reference to the Canadian Minister. The effect of this amendment is to clarify that it is the Canadian Minister that need to be satisfied that evidence of conformity has been produced (rather than the relevant Australian Minister).

 

Item [34] – Subsection 29(1)

 

  1.      Section 29 of the PES Rules deals with exemptions in relation to emissions-controlled products. Subsection 29(1) allows a person to apply to the Secretary for:

 

  •                 an exemption of the applicant, or of a class of persons including the applicant, from a specified provision of Part 3 or 4 of the PES Act in relation to a specified emissions‑controlled product or products; or

 

  •                 an exemption of a specified emissions‑controlled product or products from a specified provision of Part 3 or 4 of the PES Act.

 

  1.      Item 34 of Schedule 1 to the Amendment Rules amends subsection 29(1) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this provision to transfer the function of receiving applications for exemptions to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendment made by item 38 of Schedule 1 to the Amendment Rules, which amends subsection 32(1) of the PES Rules to transfer the function of granting exemptions to the CEO of NEPA.

 

Item [35] – Paragraph 29(2)(d)

 

  1.      Section 29 of the PES Rules deals with exemptions in relation to emissions-controlled products. Subsection 29(1) allows a person to apply to the Secretary for:

 

  •                 an exemption of the applicant, or of a class of persons including the applicant, from a specified provision of Part 3 or 4 of the PES Act in relation to a specified emissions‑controlled product or products; or

 

  •                 an exemption of a specified emissions‑controlled product or products from a specified provision of Part 3 or 4 of the PES Act.

 

  1.      Paragraph 29(2)(d) requires an application under subsection 29(1) to be given to the Secretary in the manner and form (if any) approved under subsection 29(3). Subsection 29(3) allows the Secretary to approve, by notice in writing published on the Department’s website, the manner and form in which an application made under subsection 29(1) must be given to the Secretary.

 

  1.      Item 35 of Schedule 1 to the Amendment Rules amends paragraph 29(2)(d) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to require an application for an exemption made under subsection 29(1) to be given in the manner and form approved by the CEO.

 

  1.      This amendment is consequential to the amendment made by item 36 of Schedule 1 to the Amendment Rules, which transfers the function of approving the manner and form for applications for exemptions made under subsection 29(1) to the CEO of NEPA.

 

Item [36] – Paragraph 29(3)

 

  1.      Section 29 of the PES Rules deals with exemptions in relation to emissions-controlled products. Subsection 29(1) allows a person to apply to the Secretary for:

 

  •                 an exemption of the applicant, or of a class of persons including the applicant, from a specified provision of Part 3 or 4 of the PES Act in relation to a specified emissions‑controlled product or products; or

 

  •                 an exemption of a specified emissions‑controlled product or products from a specified provision of Part 3 or 4 of the PES Act.

 

  1.      Paragraph 29(2)(d) requires an application under subsection 29(1) to be given to the Secretary in the manner and form (if any) approved under subsection 29(3). Subsection 29(3) allows the Secretary to approve, by notice in writing published on the Department’s website, the manner and form in which an application made under subsection 29(1) must be given to the Secretary.

 

  1.      Item 36 of Schedule 1 to the Amendment Rules amends subsection 29(3) of the PES Rules to omit the references to the Secretary and the Department’s website and substitute, respectively, references to the CEO and the NEPA’s website. The effect of this amendment is to transfer the function of approving the manner and form for applications for exemptions made under subsection 29(1) to the CEO of NEPA.

 

Item [37] – Section 31

 

  1.      Section 31 of the PES Rules allows the Secretary, within 60 days of receiving an application under subsection 29(1) for an exemption in relation to an emissions-controlled product, to request the applicant, in writing, to give to the Secretary specified information in relation to the application.

 

  1.      Item 37 of Schedule 1 to the Amendment Rules amends section 31 of the PES Rules to omit the references to the Secretary and substitute references to the CEO. The effect of this amendment is to transfer the function of requesting further information in relation to an application made under subsection 29(1) to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendment made by item 38 of Schedule 1 to the Amendment Rules, which amends subsection 32(1) of the PES Rules to transfer the function of granting exemptions to the CEO of NEPA.

 

Item [38] – Subsection 32(1)

 

  1.      Section 32 of the PES Rules deals with granting exemptions for emissions-controlled products. Subsection 32(1) requires the Secretary, after receiving an application under section 29 for an exemption for an emissions-controlled products, to either:

 

  •                 grant the exemption, by notice published on the Department’s website (if the Secretary is satisfied that the condition in subsection 32(2) is met) (paragraph 32(1)(a)); or

 

  •                 otherwise – refuse the application, by written notice to the applicant (paragraph 32(1)(b)).

 

  1.      Item 38 of Schedule 1 to the Amendment Rules amends subsection 32(1) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of granting exemptions for  emissions-controlled products to the CEO of NEPA.

 

Item [39] – Paragraph 32(1)(a)

 

  1.      Section 32 of the PES Rules deals with granting exemptions for emissions-controlled products. Subsection 32(1) requires the Secretary, after receiving an application under section 29 for an exemption for an emissions-controlled products, to either:

 

  •                 grant the exemption, by notice published on the Department’s website (if the Secretary is satisfied that the condition in subsection 32(2) is met) (paragraph 32(1)(a)); or

 

  •                 otherwise – refuse the application, by written notice to the applicant (paragraph 32(1)(b)).

 

  1.      Item 39 of Schedule 1 to the Amendment Rules amends paragraph 32(1)(a) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 38 of Schedule 1 to the Amendment Rules, which transfers the function of granting exemptions for emissions-controlled products to the CEO of NEPA.

 

Item [40] – Paragraph 32(1)(a)

 

  1.      Section 32 of the PES Rules deals with granting exemptions for emissions-controlled products. Subsection 32(1) requires the Secretary, after receiving an application under section 29 for an exemption for an emissions-controlled products, to either:

 

  •                 grant the exemption, by notice published on the Department’s website (if the Secretary is satisfied that the condition in subsection 32(2) is met) (paragraph 32(1)(a)); or

 

  •                 otherwise – refuse the application, by written notice to the applicant (paragraph 32(1)(b)).

 

  1.      Item 40 of Schedule 1 to the Amendment Rules amends paragraph 32(1)(a) of the PES Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require an exemption for an emissions-controlled products to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendment made by item 38 of Schedule 1 to the Amendment Rules, which transfers the function of granting exemptions for emissions-controlled products to the CEO of NEPA.

 

Item [41] – Subsection 32(3)

 

  1.      Section 32 of the PES Rules deals with granting exemptions for emissions-controlled products. Subsection 32(3) provides that an exemption comes into force on the day specified by the Secretary in the exemption. 

 

  1.      Item 41 of Schedule 1 to the Amendment Rules amends subsection 32(3) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is that an exemption for an emissions-controlled product comes into force on the day specified by the CEO in the certificate.

 

  1.      This amendment is consequential to the amendment made by item 38 of Schedule 1 to the Amendment Rules, which transfers the function of granting exemptions for emissions-controlled products to the CEO of NEPA.

 

Item [42] – Section 33 (heading)

 

  1.      Section 33 of the PES Rules has the effect that the Secretary is deemed to have refused an application for an exemption for an emissions-controlled products made under section 29 if the Secretary has not made a decision on the application at the end of 60 days after receiving the application or, if further information has been requested under section 31 in relation to the application, at the end of 60 days after receiving the further information.

 

  1.      Item 42 of Schedule 1 to the Amendment Rules amends the heading to section 33 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by items 38 and 43 of the Amendment Rules which, respectively, transfer the function of granting exemptions for emissions-controlled products to the CEO of NEPA and amend section 33 to reflect that change.

 

Item [43] – Subsections 33(1) and (2)

 

  1.      Section 33 of the PES Rules has the effect that the Secretary is deemed to have refused an application for an exemption for an emissions-controlled products made under section 29 if the Secretary has not made a decision on the application at the end of 60 days after receiving the application or, if further information has been requested under section 31 in relation to the application, at the end of 60 days after receiving the further information.

 

  1.      Item 43 of Schedule 1 to the Amendment Rules amends the subsections 33(1) and 33(2) of the PES Rules to omit the references to the Secretary in both provisions and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 38 of Schedule 1 to the Amendment Rules, which transfers the function of granting exemptions for emissions-controlled products to the CEO of NEPA.

 

Item [44] – Paragraph 34(1)(b)

 

  1.      Section 34 of the PES Rules deals with the conditions imposed on an exemption for an emissions-controlled product. Subsection 34(1) provides that an exemption is subject to the condition that, when an emissions‑controlled product is imported or supplied under the exemption:

 

  •                 the importer or supplier must reasonably expect that the product will only be used or dealt with as mentioned in the exemption category nominated in the application for the exemption (paragraph 34(1)(a)); and

 

  •                 a copy of the exemption, or information about how the exemption can be viewed on the Department’s website, is included with the product (paragraph 34(1)(b)).

 

  1.      Item 44 of Schedule 1 to the Amendment Rules amends paragraph 34(1)(b) of the PES Rules to omit the reference the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require, as a condition of an exemption for an emissions-controlled product, a copy of the exemption, or information about how the exemption can be viewed on the NEPA’s website, must be included with the product whenever it is imported or supplied.

 

  1.      This amendment is consequential to the amendment made by item 40 of Schedule 1 to the Amendment Rules, which requires an exemption for an emissions-controlled product to be published on the NEPA’s website.

 

Item [45] – Subsection 34(2)

 

  1.      Section 34 of the PES Rules deals with the conditions imposed on an exemption for an emissions-controlled product. Subsection 34(2) allows the Secretary to specify in an exemption any other conditions (in addition to the condition in subsection 34(1)) to which the exemption is subject.

 

  1.      Item 45 of Schedule 1 to the Amendment Rules amends subsection 34(2) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of specifying additional conditions to which an exemption is subject to the CEO of NEPA.

 

Item [46] – Subsection 35(1)

 

  1.      Section 35 of the PES Rules deals with varying an exemption for an emissions-controlled product. Subsection 35(1) allows the Secretary to, at any time, by notice in writing published on the Department’s website, vary an exemption to:

 

  •                 include a condition; or

 

  •                 amend or remove a condition included under subsection 34(2) or subsection 35(1).

 

  1.      Item 46 of Schedule 1 to the Amendment Rules amends subsection 35(1) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of varying an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [47] – Subsection 35(1)

 

  1.      Section 35 of the PES Rules deals with varying an exemption for an emissions-controlled product. Subsection 35(1) allows the Secretary to, at any time, by notice in writing published on the Department’s website, vary an exemption to:

 

  •                 include a condition; or

 

  •                 amend or remove a condition included under subsection 34(2) or subsection 35(1).

 

  1.      Item 47 of Schedule 1 to the Amendment Rules amends subsection 35(1) of the PES Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is that a variation of an exemption for an emissions-controlled product is required to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendment made by item 46 of Schedule 1 to the Amendment Rules, which transfers the function of varying an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [48] – Subsection 36(1)

 

  1.      Section 36 of the PES Rules deals with the suspension of an exemption for an emissions-controlled product. Subsection 36(1) allows the Secretary to, by notice in writing published on the Department’s website, suspend an exemption, in whole or in part, if the Secretary reasonably suspects that:

 

  •                 the product or products to which the exemption relates will not be used or otherwise dealt with as mentioned in the exemption category nominated in the application for the exemption; or

 

  •                 a condition to which the exemption is subject has not been complied with.

 

  1.      Item 48 of Schedule 1 to the Amendment Rules amends subsection 36(1) of the PES Rules to omit the reference to the Secretary and the reference to the Department’s website and substitute, respectively, a reference to the CEO and a reference to the NEPA’s website. The effect of this amendment is to transfer the function of suspending an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [49] – Subsection 36(4)

 

  1.      Section 36 of the PES Rules deals with the suspension of an exemption for an emissions-controlled product. Subsection 36(4) allows the Secretary to, by notice in writing published on the Department’s website, end a suspension of an exemption for an emissions-controlled product, in whole or in part.

 

  1.      Item 49 of Schedule 1 to the Amendment Rules amends subsection 36(4) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of ending the suspension of an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [50] – Subsection 36(4)

 

  1.      Section 36 of the PES Rules deals with the suspension of an exemption for an emissions-controlled product. Subsection 36(4) allows the Secretary to, by notice in writing published on the Department’s website, end a suspension of an exemption for an emissions-controlled product, in whole or in part.

 

  1.      Item 50 of Schedule 1 to the Amendment Rules amends subsection 36(4) of the PES Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is that a notice ending a suspension for an exemption for an emissions-controlled product is required to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendment made by item 49 of Schedule 1 to the Amendment Rules, which transfers the function of ending a suspension for an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [51] – Subsection 37(1)

 

  1.      Section 37 of the PES Rules deals with the revocation of an exemption for an emissions-controlled product. Subsection 37(1) allows the Secretary to, by notice in writing published on the Department’s website, revoke an exemption, in whole or in part, if the Secretary reasonably suspects that:

 

  •                 the product or products to which the exemption relates will not be used or otherwise dealt with as mentioned in the exemption category nominated in the application for the exemption; or

 

  •                 a condition to which the exemption is subject has not been complied with.

 

  1.      Item 51 of Schedule 1 to the Amendment Rules amends subsection 37(1) of the PES Rules to omit the reference to the Secretary and the reference to the Department’s website and substitute, respectively, a reference to the CEO and a reference to the NEPA’s website. The effect of this amendment is to transfer the function of revoking an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [52] – Subsection 37(3)

 

  1.      Section 37 of the PES Rules deals with the revocation of an exemption for an emissions-controlled product. Subsection 37(1) allows the Secretary to, by notice in writing published on the Department’s website, revoke an exemption, in whole or in part, if the Secretary reasonably suspects that:

 

  •                 the product or products to which the exemption relates will not be used or otherwise dealt with as mentioned in the exemption category nominated in the application for the exemption; or

 

  •                 a condition to which the exemption is subject has not been complied with.

 

  1.      Subsection 37(3) clarifies that, to avoid doubt, the Secretary may revoke an exemption for an emissions-controlled product whether or not the Secretary has suspended the exemption.

 

  1.      Item 52 of Schedule 1 to the Amendment Rules amends subsection 37(3) of the PES Rules to omit the references to the Secretary and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 51 of Schedule 1 to the Amendment Rules, which transfers the function of revoking an exemption for an emissions-controlled product to the CEO of NEPA.

 

Item [53] – Division 5 of Part 5 (heading)

 

  1.      Division 5 of Part 5 of the PES Rules deals with giving copies of notices relating to exemptions for emissions-controlled products to applicants.

 

  1.      Item 53 of Schedule 1 to the Amendment Rules amends the heading to Division 5 of Part 5 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 55 of Schedule 1 to the Amendment Rules, which amends section 38 of the PES Rules to transfer the function of giving relevant notices to applicants to the CEO of NEPA.

 

Item [54] – Section 38 (heading)

 

  1.      Section 38 of the PES Rules requires the Secretary to, if reasonably practicable, give the applicant for an Australian certificate of conformity a copy of any notice required to be published on the Department’s website that relates to that certificate.

 

  1.      Item 54 of Schedule 1 to the Amendment Rules amends the heading to section 38 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 55 of Schedule 1 to the Amendment Rules, which amends section 38 of the PES Rules to transfer the function of giving relevant notices to applicants to the CEO of NEPA.

 

Item [55] – Subsection 38(1)

 

  1.      Section 38 of the PES Rules requires the Secretary to, if reasonably practicable, give the applicant for an exemption for an emissions-controlled product a copy of any notice required to be published on the Department’s website that relates to that certificate.

 

  1.      Item 55 of Schedule 1 to the Amendment Rules amends subsection 38(1) of the PES Rules to omit the references to the Secretary and the Department’s website and substitute, respectively, references to the CEO and the NEPA’s website. The effect of this amendment is to transfer the function of giving relevant notices to applicants to the CEO of NEPA.

 

Item [56] – Subsection 40(1)

 

  1.      Section 40 of the PES Rules deals with record-keeping requirements relating to the import or supply of emissions-controlled products. Subsection 40(1) requires a person who imports or supplies emissions‑controlled products during a financial year to make records that would be sufficient to satisfy the Secretary of the matters in paragraphs 40(1)(a) to (g).

 

  1.      Item 56 of Schedule 1 to the Amendment Rules amends subsection 40(1) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is that a person who imports or supplies emissions‑controlled products during a financial year must make records that would be sufficient to satisfy the CEO of NEPA of the matters in paragraphs 40(1)(a) to (g).

 

Item [57] – Subsection 41(2)

 

  1.      Section 41 of the PES Rules deals with reporting requirements relating to the import or supply of emissions-controlled products.

 

  1.      Subsection 22(2) of the PES Act provides that if, during a reporting period for an emissions‑controlled product that is manufactured in Australia, a person makes the first supply of the product, the person must give to the Secretary a report containing the information prescribed by the rules relating to such products that the person has so supplied during the reporting period. Schedule 2 of the EPR Act amended subsection 22(2) of the PES Act to replace the reference to the Secretary with a reference to the CEO.

 

  1.      Subsection 41(2) of the PES Rules prescribes, for the purposes of subsection 22(2) of the PES Act, the information required to be given to the Secretary under that provision.

 

  1.      Item 57 of Schedule 1 to the Amendment Rules amends subsection 41(2) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. This amendment is consequential to the amendments to subsection 22(2) of the PES Act by Schedule 2 to the EPR Act.

 

Item [58] – Section 44

 

  1.      Section 44 of the PES Rules allows the Secretary to waive a fee set by Part 8 of the PES Rules (relating to applications for Australian certificates of conformity and exemptions) if the Secretary is reasonably satisfied that there are exceptional circumstances that justify the waiver.

 

  1.      Item 58 of Schedule 1 to the Amendment Rules amends section 44 of the PES Rules to omit the references to the Secretary and substitute references to the CEO. The effect of this amendment is to transfer the function of waiving fees relating to applications for Australian certificates of conformity and exemptions to the CEO of NEPA.

 

Item [59] – Section 45

 

  1.      Section 45 of the PES Rules requires the Secretary to refund a fee set by Part 8 of the PES Rules ((relating to applications for Australian certificates of conformity and exemptions) for receiving and processing an application if:

 

  •                 the application is withdrawn within the 14 days beginning on the day the application is made; and

 

  •                 when the application is withdrawn, the Secretary has not begun to assess the application.

 

  1.      Item 59 of Schedule 1 to the Amendment Rules amends section 45 of the PES Rules to omit the references to the Secretary and substitute references to the CEO. The effect of this amendment is to transfer the function of refunding fees relating to applications for Australian certificates of conformity and exemptions the CEO of NEPA.

 

Item [60] – Paragraph 45(b)

 

  1.      Section 45 of the PES Rules requires the Secretary to refund a fee set by Part 8 of the PES Rules (relating to applications for Australian certificates of conformity and exemptions) for receiving and processing an application if:

 

  •                 the application is withdrawn within the 14 days beginning on the day the application is made (paragraph 45(a)); and

 

  •                 when the application is withdrawn, the Secretary has not begun to assess the application (paragraph 45(b)).

 

  1.      Item 60 of Schedule 1 to the Amendment Rules amends paragraph 45(b) of the PES Rules to omit the references to the Secretary and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 59 of Schedule 1 to the Amendment Rules, which transfers the function of refunding fees relating to applications for Australian certificates of conformity and exemptions to the CEO of NEPA.

 

Item [61] – Subsection 47(2)

 

  1.      Section 47 of the PES Rules deals with when customs charge (for the import of an emissions-controlled product) or excise charge (for the supply of an emissions-controlled product) is due and payable.

 

  1.      A customs charge is imposed on the import of an emissions-controlled product under the Product Emissions Standards (Customs) Charges Act 2017. An excise charge is imposed on the supply of an emissions-controlled product by the Product Emissions Standards (Excise) Charges Act 2017.

 

  1.      Subsection 47(1) provides that customs charge or excise charge for a financial year is due and payable on 30 November in the following financial year. Subsection 47(2) provides that customs charge or excise charge is payable to the Secretary on behalf of the Commonwealth.

 

  1.      Item 61 of Schedule 1 to the Amendment Rules amends subsection 47(2) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of collecting customs and excise charges on behalf of the Commonwealth to the CEO of NEPA.

 

Item [62] – Subsection 48(2)

 

  1.      Section 48 of the PES Rules deals the recovery of customs charge (for the import of an emissions-controlled product) or excise charge (for the supply of an emissions-controlled product).

 

  1.      A customs charge is imposed on the import of an emissions-controlled product under the Product Emissions Standards (Customs) Charges Act 2017. An excise charge is imposed on the supply of an emissions-controlled product by the Product Emissions Standards (Excise) Charges Act 2017.

 

  1.      Subsection 48(1) provides that customs charge or excise charge that is due and payable by a person may be recovered by the Commonwealth from the person as a debt due to the Commonwealth. Subsection 48(2) clarifies that the Secretary is authorised, on behalf of the Commonwealth, to bring proceedings in the name of the Commonwealth for the recovery of a debt due to the Commonwealth of a kind mentioned in subsection 48(1).

 

  1.      Item 62 of Schedule 1 to the Amendment Rules amends subsection 48(2) of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO. The effect of this amendment is to transfer the function of bringing proceedings, on behalf of the Commonwealth, for recovery of a debt due to the Commonwealth relating to unpaid customs and excise charges to the CEO of NEPA.

 

Item [63] – Section 50

 

  1.      Section 50 of the PES Rules deals with the external merits review by the Administrative Appeals Tribunal of certain decisions made by the Secretary under the PES Rules.

 

  1.      Item 63 of Schedule 1 to the Amendment Rules amends section 50 of the PES Rules to omit the reference to the Administrative Appeals Tribunal and substitute a reference to the Administrative Review Tribunal.

 

  1.      This amendment is consequential to the commencement of the Administrative Review Tribunal Act 2024.

 

Item [64] – Section 50

 

  1.      Section 50 of the PES Rules deals with the external merits review by the Administrative Appeals Tribunal of certain decisions made by the Secretary under the PES Rules.

 

  1.      Item 64 of Schedule 1 to the Amendment Rules amends section 50 of the PES Rules to omit the reference to the Secretary and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the relevant amendments made by Schedule 1 to the Amendment Rules that transfer the functions of making the decisions listed in section 50 to the CEO of NEPA.

 

Recycling and Waste Reduction (Export – Waste Glass) Rules 2020

 

Item [65] – Section 4 (before paragraph (a) of the note to the heading)

 

  1.      Section 4 of the Glass Rules provides definitions for key terms used in the Glass Rules. The note to the heading of section 4 explains that a number of terms used in the Glass Rules are defined in the RAWR Act, including export declaration,  export licence, export operations, prescribed export conditions and regulated waste material.

 

  1.      Item 65 of Schedule 1 to the Amendment Rules amends section 4 of the Glass Rules to insert new paragraph (aa) in the note to the heading. New paragraph (aa) would have the effect that CEO is listed as an additional term used in the Glass Rules that is defined in the RAWR Act.

 

Item [66] – Section 4 (after paragraph (c) of the note to the heading)

 

  1.      Section 4 of the Glass Rules provides definitions for key terms used in the Glass Rules. The note to the heading of section 4 explains that a number of terms used in the Glass Rules are defined in the RAWR Act, including export declaration,  export licence, export operations, prescribed export conditions and regulated waste material.

 

  1.      Item 66 of Schedule 1 to the Amendment Rules amends section 4 of the Glass Rules to insert new paragraph (ca) in the note to the heading. New paragraph (ca) would have the effect that NEPA is listed as an additional term used in the Glass Rules that is defined in the RAWR Act.

 

Item [67] – Section 4 (definition of listed waste glass specification)

 

  1.      Section 4 of the Glass Rules provides definitions for key terms used in the Glass Rules. This includes the term listed waste glass specification, which is defined to mean a waste glass specification, as existing from time to time, that is listed on the Department’s website.

 

  1.      Item 67 of Schedule 1 to the Amendment Rules amends the definition of listed waste glass specification in section 4 of the Glass Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require a listed waste glass specification to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [68] – Paragraph 6(2)(c)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Glass Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste glass is prohibited unless:

 

  •                 the exporter holds a waste glass export licence that covers the regulated waste glass (paragraph 6(2)(a)); and

 

  •                 the waste glass export licence is in force and not suspended at the time the regulated waste glass is exported (paragraph 6(2)(b)); and

 

  •                 for each consignment of regulated waste glass that is exported—the exporter gives the Minister an export declaration for the consignment of the regulated waste glass and the consignment is exported no later than 30 days after the export declaration is given (paragraph 6(2)(c)).

 

  1.      Item 68 of Schedule 1 to the Amendment Rules amends paragraph 6(2)(c) of the Glass Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving an export declaration from the exporter of a consignment of regulated waste glass to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [69] – Section 8 (heading)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Glass Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste glass. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(a) to (i).

 

  1.      Item 69 of Schedule 1 to the Amendment Rules amends the heading to section 8 of the Glass Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions relating to granting waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [70] – Section 8

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Glass Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste glass. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(a) to (i).

 

  1.      Item 70 of Schedule 1 to the Amendment Rule amends section 8 of the Glass Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to require the CEO to have regard to the listed matters when deciding whether to grant a waste export licence for the export of regulated waste glass.  

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [71] – Section 8 (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Glass Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste glass. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(a) to (i).

 

  1.      The note following section 8 explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 71 of Schedule 1 to the Amendment Rule amends the note following section 8 of the Glass Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [72] – Subsection 9(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 9 of the Glass Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste glass (a waste glass export licence).

 

  1.      The third note following subsection 9(1) explains that conditions, and any other aspect of a waste glass export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 72 of Schedule 1 to the Amendment Rules amends the third note following subsection 9(1) of the Glass Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste glass export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [73] – Subsection 9(2) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 9 of the Glass Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste glass (a waste glass export licence).

 

  1.      The note following subsection 9(2) explains that the holder of a waste glass export licence may be required to produce to the Minister evidence of the matters mentioned section 9, and directs the reader to section 143 of the RAWR Act.

 

  1.      Item 73 of Schedule 1 to the Amendment Rules amends the note following subsection 9(2) of the Glass Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that the holder of a waste glass export licence may be required to produce to the CEO evidence of the matters mentioned in section 9 of the Glass Rules.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [74] – Subsection 9(2) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 9 of the Glass Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste glass (a waste glass export licence).

 

  1.      The note following subsection 9(2) explains that the holder of a waste glass export licence may be required to produce to the Minister evidence of the matters mentioned section 9, and directs the reader to section 143 of the RAWR Act.

 

  1.      Item 74 of Schedule 1 to the Amendment Rules amends the note following subsection 9(2) of the Glass Rules to omit the reference to section 143 and substitute a reference to paragraph 143(1A)(a). The purpose of this amendment is to ensure the correct power in the RAWR Act is cross-referenced.

 

Item [75] – Subsection 9(6)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 9 of the Glass Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste glass (a waste glass export licence).

 

  1.      Subsection 9(6) requires the holder of a waste glass export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 75 of Schedule 1 to the Amendment Rules amends subsection 9(6) of the Glass Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 9(6), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [76] – Section 13 (heading)

 

  1.      Section 61 of the RAWR Act requires the holder of an export licence to notify the Minister of certain events. This includes an event prescribed by the rules (paragraph 61(1)(e)).

 

  1.      Section 13 of the Glass Rules prescribes, for the purposes of paragraph 61(1)(e) of the RAWR Act, that the holder of the licence ceasing to operate the export business that carries out export operations covered by the licence is an event that must be notified to the Minister.

 

  1.      Item 76 of Schedule 1 to the Amendment Rules amends the heading to section 13 of the Glass Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [77] – Section 14

 

  1.      Section 64 of the RAWR Act allows the Minister to give directions to the holder of an export licence. Subsection 64(3) requires that, in considering whether to give a direction under subsection 64(1), the Minister must have regard to the objects of the RAWR Act (paragraph 64(3)(a)), and any other matters prescribed by the rules (paragraph 64(3)(b)).

 

  1.      Section 14 of the Glass Rules prescribes, for the purposes of paragraph 64(3)(b) of the RAWR Act, that, in considering whether to give a direction to the holder of an export licence, the Minister must have regard to whether the Minister is satisfied of one or more of the following:

 

  •                 a condition of the waste glass export licence has been contravened, or it is likely that such a condition will be contravened;

 

  •                 the holder of the waste glass export licence has not complied, or is likely not to comply, with a requirement under the RAWR Act;

 

  •                 the regulated waste glass covered by the licence does not comply, or is  likely not to comply, with a requirement under the RAWR Act that applies in relation to the waste glass.

 

  1.      Item 77 of Schedule 1 to the Amendment Rules amends section 14 of the Glass Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [78] – Paragraphs 20(2)(a) and (c)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 20 of the Glass Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      These circumstances relevantly include that the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability (paragraph 20(2)(a)) and that the Minister has accepted the payment undertaking, having considered certain specified matters (paragraph 20(2)(c)).

 

  1.      Item 78 of Schedule 1 to the Amendment Rules amends paragraphs 20(2)(a) and 20(2)(c) of the Glass Rules to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to accepting written undertakings relating to the payment of a relevant Commonwealth liability to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Item [79] – Subsections 20(3) and (4)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 20 of the Glass Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      Subsection 20(3) provides that, if a payment undertaking relates to 2 or more relevant Commonwealth liabilities, or a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person, the Minister may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.

 

  1.      Subsection 20(4) allows a payment undertaking may be varied at any time by agreement between the Minister and the person who gave the undertaking.

 

  1.      Item 79 of Schedule 1 to the Amendment Rules amends subsections 20(3) and 20(4) of the Glass Rules to omit the reference to the Minister from both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by:

 

  •                 item 78 of Schedule 1 to the Amendment Rules, which transfers the functions relating to accepting written undertakings relating to the payment of a relevant Commonwealth liability to the CEO; and

 

  •                 Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste glass) to the CEO of NEPA.

 

Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2024

 

Item [80] – Section 4 (before paragraph (a) of the note to the heading)

 

  1.      Section 4 of the Paper and Cardboard Rules provides definitions for key terms used in the Paper and Cardboard Rules. The note to the heading of section 4 explains that a number of terms used in the Paper and Cardboard Rules are defined in the RAWR Act, including export, export declaration,  export licence, export operations and regulated waste material.

 

  1.      Item 80 of Schedule 1 to the Amendment Rules amends section 4 of the Paper and Cardboard Rules to insert new paragraph (aa) in the note to the heading. New paragraph (aa) would have the effect that CEO is listed as an additional term used in the Paper and Cardboard Rules that is defined in the RAWR Act.

 

Item [81] – Subparagraph 6(2)(a)(iii)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Paper and Cardboard Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste paper and cardboard on or after 1 October 2024 is prohibited unless either:

 

  •                 all of the following apply:

 

  1.                the exporter holds a waste paper and cardboard export licence (subparagraph 6(2)(a)(i)); and

 

  1.              the licence is in force and not suspended at the time the regulated waste paper and cardboard is exported (paragraph 6(2)(a)(ii)); and

 

  1.            for each consignment of regulated waste paper and cardboard that is exported—the exporter has given the Minister an export declaration for the consignment (subparagraph 6(2)(a)(iii)); or

 

  •                 both of the following apply:

 

  1.                the consignment of regulated waste paper and cardboard that is exported is less than 100 kg (subparagraph 6(2)(b)(i)); and

 

  1.              the regulated waste paper and cardboard that is exported is a trade sample (subparagraph 6(2)(b)(ii)).

 

  1.      Item 81 of Schedule 1 to the Amendment Rules amends subparagraph 6(2)(a)(iii) of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving an export declaration from the exporter of a consignment of regulated waste paper and cardboard to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions relating to waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [82] – Subsection 9(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Paper and Cardboard Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste paper and cardboard. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) and (b).

 

  1.      Item 82 of Schedule 1 to the Amendment Rule amends subsection 9(1) of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [83] – Paragraph 9(2)(a)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Paper and Cardboard Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste paper and cardboard. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) and (b). This relevantly includes whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the RAWR Act (revocation by Minister) (paragraph 9(2)(a))

 

  1.      Item 83 of Schedule 1 to the Amendment Rules amends paragraph 9(2)(a) of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [84] – Subsection 9(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Paper and Cardboard Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste paper and cardboard. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) and (b).

 

  1.      The note following subsection 9(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 84 of Schedule 1 to the Amendment Rules amends the note following subsection 9(2) of the Paper and Cardboard Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [85] – Subsection 11(3) (heading)

 

  1.      Section 39 of the RAWR Act deals with the renewal of an export licence. On receiving an application to renew an export licence, the Minister must decide to renew the licence, or to refuse to renew the licence (subsection 39(1)). Subsection 39(3) specifies the matters to which the Minister must have regard when deciding whether to renew an export licence. This includes any matters prescribed by the rules (paragraph 39(3)(f)).

 

  1.      Subsection 11(3) of the Paper and Cardboard Rules prescribes, for the purposes of paragraph 39(3)(f) of the RAWR Act, that the Minister must also have regard to the matters listed in subsection 9(2) of the Paper and Cardboard Rules in deciding whether to renew a waste paper and cardboard export licence. The matters in subsection 9(2) are matters to which the Minister must have regard in deciding whether to grant a waste paper and cardboard export licence.

 

  1.      Item 85 of Schedule 1 to the Amendment Rules amends the heading to subsection 11(3) of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendment made by item 86 of Schedule 1 to the Amendment Rule, and the amendments made by Schedule 2 to the EPR Act.

 

Item [86] – Subsection 11(3)

 

  1.      Section 39 of the RAWR Act deals with the renewal of an export licence. On receiving an application to renew an export licence, the Minister must decide to renew the licence, or to refuse to renew the licence (subsection 39(1)). Subsection 39(3) specifies the matters to which the Minister must have regard when deciding whether to renew an export licence. This includes any matters prescribed by the rules (paragraph 39(3)(f)).

 

  1.      Subsection 11(3) of the Paper and Cardboard Rules prescribes, for the purposes of paragraph 39(3)(f) of the RAWR Act, that the Minister must also have regard to the matters listed in subsection 9(2) of the Paper and Cardboard Rules in deciding whether to renew a waste paper and cardboard export licence. The matters in subsection 9(2) are matters to which the Minister must have regard in deciding whether to grant a waste paper and cardboard export licence.

 

  1.      Item 86 of Schedule 1 to the Amendment Rules amends subsection 11(3) of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [87] – Section 12

 

  1.      Section 42 of the RAWR Act deals with varying an export licence on application by the holder of the licence. Subsection 42(4) specifies the matters to which the Minister must have regard when deciding whether to make a requested variation to an export licence. This includes any matters prescribed by the rules (paragraph 42(4)(e)).

 

  1.      Section 12 of the Paper and Cardboard Rules prescribes, for the purposes of paragraph 42(4)(e) of the RAWR Act, that the Minister must also have regard to the matters listed in subsection 9(2) of the Paper and Cardboard Rules in deciding whether to make a requested variation to a waste paper and cardboard export licence. The matters in subsection 9(2) are matters to which the Minister must have regard in deciding whether to grant a waste paper and cardboard export licence.

 

  1.      Item 87 of Schedule 1 to the Amendment Rules amends section 12 of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that the CEO must have regard to the matters in subsection 9(2) when deciding whether to make a requested variation to a waste paper and cardboard export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [88] – Section 12 (note)

 

  1.      Section 42 of the RAWR Act deals with varying an export licence on application by the holder of the licence. Subsection 42(4) specifies the matters to which the Minister must have regard when deciding whether to make a requested variation to an export licence. This includes any matters prescribed by the rules (paragraph 42(4)(e)).

 

  1.      Section 12 of the Paper and Cardboard Rules prescribes, for the purposes of paragraph 42(4)(e) of the RAWR Act, that the Minister must also have regard to the matters listed in subsection 9(2) of the Paper and Cardboard Rules in deciding whether to make a requested variation to a waste paper and cardboard export licence. The matters in subsection 9(2) are matters to which the Minister must have regard in deciding whether to grant a waste paper and cardboard export licence.

 

  1.      The note following section 12 explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 42(4)(a) to (d) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 42(6) of the RAWR Act).

 

  1.      Item 88 of Schedule 1 to the Amendment Rules amends the note following section 12 of the Paper and Cardboard Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [89] – Section 15 (heading)

 

  1.      Section 61 of the RAWR Act requires the holder of an export licence to notify the Minister of certain events. This includes an event prescribed by the rules (paragraph 61(1)(e)).

 

  1.      Section 15 of the Paper and Cardboard Rules prescribes, for the purposes of paragraph 61(1)(e) of the RAWR Act, that the holder of the licence ceasing to operate the export business that carries out export operations covered by the licence is an event that must be notified to the Minister.

 

  1.      Item 89 of Schedule 1 to the Amendment Rules amends the heading to section 15 of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [90] – Section 16

 

  1.      Section 64 of the RAWR Act allows the Minister to give directions to the holder of an export licence. Subsection 64(3) requires that, in considering whether to give a direction under subsection 64(1), the Minister must have regard to the objects of the RAWR Act (paragraph 64(3)(a)), and any other matters prescribed by the rules (paragraph 64(3)(b)).

 

  1.      Section 16 of the Paper and Cardboard Rules prescribes, for the purposes of paragraph 64(3)(b) of the RAWR Act, that, in considering whether to give a direction to the holder of a waste paper and cardboard export licence, the Minister must have regard to whether the Minister is satisfied of one or more of the following:

 

  •                 a condition of the waste paper and cardboard export licence has been contravened, or it is likely that such a condition will be contravened;

 

  •                 the holder of the waste paper and cardboard export licence has not complied, or is likely not to comply, with a requirement under the RAWR Act;

 

  •                 the regulated waste paper and cardboard covered by the licence does not comply, or is  likely not to comply, with a requirement under the RAWR Act that applies in relation to the waste paper and cardboard.

 

  1.      Item 90 of Schedule 1 to the Amendment Rules amends section 16 of the Paper and Cardboard Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [91] – Paragraphs 21(2)(a) and (c)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 21 of the Paper and Cardboard Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      These circumstances relevantly include that the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability (paragraph 21(2)(a)) and that the Minister has accepted the undertaking and has not revoked the acceptance (paragraph 21(2)(c)).

 

  1.      Item 91 of Schedule 1 to the Amendment Rules amends paragraphs 21(2)(a) and 21(2)(c) of the Paper and Cardboard Rules to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to accepting written undertakings relating to the payment of a relevant Commonwealth liability to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transferred the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Item [92] – Subsection 21(3)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 21 of the Paper and Cardboard Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      These circumstances relevantly include that the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability (paragraph 21(2)(a)) and that the Minister has accepted the undertaking and has not revoked the acceptance (paragraph 21(2)(c)).

 

  1.      Subsection 21(3) prevents the Minister from accepting an undertaking unless the Minister has considered certain matters. Subsection 21(3) also clarifies that the Minister may also consider any other matter the Minister considers relevant.

 

  1.      Item 92 of Schedule 1 to the Amendment Rules amends subsection 21(3) of the Paper and Cardboard Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste paper and cardboard) to the CEO of NEPA.

 

Recycling and Waste Reduction (Export—Waste Plastic) Rules 2021

 

Item [93] – Section 4 (before paragraph (a) of the note to the heading)

 

  1.      Section 4 of the Plastic Rules provides definitions for key terms used in the Plastic Rules. The note to the heading of section 4 explains that a number of terms used in the Plastic Rules are defined in the RAWR Act, including export declaration,  export licence, export operations, prescribed export conditions and regulated waste material.

 

  1.      Item 93 of Schedule 1 to the Amendment Rules amends section 4 of the Plastic Rules to insert new paragraph (aa) in the note to the heading. New paragraph (aa) would have the effect that CEO is listed as an additional term used in the Plastic Rules that is defined in the RAWR Act.

 

Item [94] – Section 4 (after paragraph (c) of the note to the heading)

 

  1.      Section 4 of the Plastic Rules provides definitions for key terms used in the Plastic Rules. The note to the heading of section 4 explains that a number of terms used in the Plastic Rules are defined in the RAWR Act, including export declaration,  export licence, export operations, prescribed export conditions and regulated waste material.

 

  1.      Item 94 of Schedule 1 to the Amendment Rules amends section 4 of the Plastic Rules to insert new paragraph (ca) in the note to the heading. New paragraph (ca) would have the effect that NEPA is listed as an additional term used in the Plastic Rules that is defined in the RAWR Act.

 

Item [95] – Section 4 (definition of listed waste plastic specification)

 

  1.      Section 4 of the Plastic Rules provides definitions for key terms used in the Plastic Rules. This includes the term listed waste plastic specification, which is defined to mean a waste plastic specification, as existing from time to time, that is listed on the Department’s website.

 

  1.      Item 95 of Schedule 1 to the Amendment Rules amends the definition of listed waste plastic specification in section 4 of the Plastic Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require a listed waste plastic specification to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [96] – Section 4 (subparagraph (a)(i) of the definition of nominated specification)

 

  1.      Section 4 of the Plastic Rules provides definitions for key terms used in the Plastic Rules. This includes the term nominated specification, which is defined to mean:

 

  •                 for regulated waste plastic intended for export under a waste plastic export licence:

 

  1.                the waste plastic specification nominated for the plastic in the application for the licence (see subsection 7(3)) (paragraph (a)(i)); or

 

  1.              if a different waste plastic specification is stated for the plastic in the licence – that specification (see subsection 12(2)) (paragraph (a)(ii)); or

 

  •                 for an application for an exemption in relation to the export of a trade sample of regulated waste plastic – the waste plastic specification nominated for the plastic in the application (see subsection 18(3)) (paragraph (b)).

 

  1.      Item 96 of Schedule 1 to the Amendment Rules amends paragraph (a)(i) of the definition of nominated specification in section 4 of the Plastic Rules to omit the reference to subsection 7(3). This is because subsection 7(3) deals with licences relating to exports prior to 1 July 2022 and is now spent.

 

Item [97] – Section 4 (definition of Waste Plastic Exports List)

 

  1.      Section 4 of the Plastic Rules provides definitions for key terms used in the Plastic Rules. This includes the term Waste Plastic Exports List, which is defined to mean the List with that name, as existing from time to time, that is published on the Department’s website.

 

  1.      Item 97 of Schedule 1 to the Amendment Rules amends the definition of Waste Plastic Exports List in section 4 of the Plastic Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require the Waste Exports Plastic List to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [98] – Paragraph 5(4)(c)

 

  1.      Section 17 of the RAWR Act allows the rules to prescribe a kind of waste material for the purposes of the RAWR Act (subsection 17(1)). Waste material prescribed for the purposes of subsection 17(1) is regulated waste material (subsection 17(2)).

 

  1.      Section 5 of the Plastic Rules prescribes, for the purposes of subsection 17(1) of the RAWR Act, kinds of waste material to be regulated waste material. Specifically, subsections 5(2) and 5(3) prescribes waste plastic and processed engineered fuel as regulated waste material for the purposes the RAWR Act (and defines these terms). Subsection 5(4) expressly excludes certain kinds of waste from being regulate waste material under the Plastic Rules. This includes waste plastic that is hazardous waste in relation to which an order or arrangement has been made by the Minister under Part 3 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act) (paragraph 5(4)(c)).

 

  1.      Item 98 of Schedule 1 to the Amendment Rules amends paragraph 5(4)(c) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions relating orders and arrangements under Part 3 of the HW Act to the CEO of NEPA.

 

Item [99] – Subparagraph 6(2)(a)(iii)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Plastic Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste plastic is prohibited unless either:

 

  •                 all of the following apply:

 

  1.                the exporter holds a waste plastic export licence that covers the plastic (subparagraph 6(2)(a)(i)); and

 

  1.              the licence is in force and not suspended at the time the plastic is exported (paragraph 6(2)(a)(ii)); and

 

  1.            for each consignment of plastic that is exported—the exporter has given the Minister an export declaration for the consignment (subparagraph 6(2)(a)(iii)); or

 

  •                 both of the following apply:

 

  1.                the plastic is of a kind, and exported in the circumstances (if any), listed in the Waste Plastic Exports List (subparagraph 6(2)(b)(i)); and

 

  1.              the exporter has given the Minister a notification under subsection 6(3) in relation to plastic of that kind and to be exported in those circumstances (if any). (subparagraph 6(2)(b)(ii)).

 

  1.      Item 99 of Schedule 1 to the Amendment Rules amends subparagraph 6(2)(a)(iii) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving an export declaration from the exporter of a consignment of regulated waste plastic to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [100] – Subparagraph 6(2)(b)(ii)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Plastic Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste plastic is prohibited unless either:

 

  •                 all of the following apply:

 

  1.                the exporter holds a waste plastic export licence that covers the plastic (subparagraph 6(2)(a)(i)); and

 

  1.              the licence is in force and not suspended at the time the plastic is exported (paragraph 6(2)(a)(ii)); and

 

  1.            for each consignment of plastic that is exported—the exporter has given the Minister an export declaration for the consignment (subparagraph 6(2)(a)(iii)); or

 

  •                 both of the following apply:

 

  1.                the plastic is of a kind, and exported in the circumstances (if any), listed in the Waste Plastic Exports List (subparagraph 6(2)(b)(i)); and

 

  1.              the exporter has given the Minister a notification under subsection 6(3) in relation to plastic of that kind and to be exported in those circumstances (if any). (subparagraph 6(2)(b)(ii)).

 

  1.      Item 100 of Schedule 1 to the Amendment Rules amends subparagraph 6(2)(b)(ii) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving notifications under subsection 6(3) from the exporter to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [101] – Paragraphs 6(3)(a) and (b)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Plastic Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste plastic is prohibited unless either:

 

  •                 all of the following apply:

 

  1.                the exporter holds a waste plastic export licence that covers the plastic (subparagraph 6(2)(a)(i)); and

 

  1.              the licence is in force and not suspended at the time the plastic is exported (paragraph 6(2)(a)(ii)); and

 

  1.            for each consignment of plastic that is exported—the exporter has given the Minister an export declaration for the consignment (subparagraph 6(2)(a)(iii)); or

 

  •                 both of the following apply:

 

  1.                the plastic is of a kind, and exported in the circumstances (if any), listed in the Waste Plastic Exports List (subparagraph 6(2)(b)(i)); and

 

  1.              the exporter has given the Minister a notification under subsection 6(3) in relation to plastic of that kind and to be exported in those circumstances (if any). (subparagraph 6(2)(b)(ii)).

 

  1.      Subsection 6(3) has the relevant effect that a notification mentioned in subparagraph 6(2)(b)(ii) must be in the manner (see paragraph 6(3)(a)) and form (see paragraph 6(3)(b)) approved by the Minister (if any).

 

  1.      Item 101 of Schedule 1 to the Amendment Rules amends paragraphs 6(3)(a) and 6(3)(b) of the Plastic Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the functions of approving the manner and form for notifications to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [102] – Subsection 6(5)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Plastic Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste plastic is prohibited unless either:

 

  •                 all of the following apply:

 

  1.                the exporter holds a waste plastic export licence that covers the plastic (subparagraph 6(2)(a)(i)); and

 

  1.              the licence is in force and not suspended at the time the plastic is exported (paragraph 6(2)(a)(ii)); and

 

  1.            for each consignment of plastic that is exported—the exporter has given the Minister an export declaration for the consignment (subparagraph 6(2)(a)(iii)); or

 

  •                 both of the following apply:

 

  1.                the plastic is of a kind, and exported in the circumstances (if any), listed in the Waste Plastic Exports List (subparagraph 6(2)(b)(i)); and

 

  1.              the exporter has given the Minister a notification under subsection 6(3) in relation to plastic of that kind and to be exported in those circumstances (if any). (subparagraph 6(2)(b)(ii)).

 

  1.      Subsection 6(3) has the relevant effect that a notification mentioned in subparagraph 6(2)(b)(ii) must be in the manner (see paragraph 6(3)(a)) and form (see paragraph 6(3)(b)) approved by the Minister (if any).

 

  1.      Subsection 6(5) clarifies that, to avoid doubt, the Minister may approve different forms for notifications in relation to different kinds of regulated waste plastic, or a single form for a notification for the export of consignments of more than one kind of regulated waste plastic.

 

  1.      Item 102 of Schedule 1 to the Amendment Rules amends subsection 6(5) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to:

 

  •                 the amendment made by item 101 of Schedule 1 to the Amendment Rules, which transfers the functions of approving the manner and form for notifications to the CEO of NEPA; and

 

  •                 the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [103] – Subsection 7(3)

 

  1.      Section 7 of the Plastic Rules deals with an application for a waste plastic export licence.

 

  1.      Subsection 7(2) requires that, for each kind of regulated waste plastic intended for export under the licence, the application must nominate a waste plastic specification with which that kind of plastic will comply.

 

  1.      Subsection 7(3) provides that, if a kind of regulated waste plastic (other than processed engineered fuel) intended for export under the licence is intended for export both before 1 July 2022 and on or after 1 July 2022, the application must nominate both a specification for the plastic intended for export before 1 July 2022, and a specification for the plastic intended for export on or after 1 July 2022.

 

  1.      Item 103 of Schedule 1 to the Amendment Rules amends section 7 of the Plastic Rules to repeal subsection 7(3). This is because subsection 7(3) deals with licences relating to exports prior to 1 July 2022 and is now spent.

 

Item [104] – Subsection 8(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Plastic Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste plastic, other than regulated waste plastic that is processed engineered fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(2)(a) to (g).

 

  1.      Item 104 of Schedule 1 to the Amendment Rules amends subsection 8(1) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that, when deciding whether to grant a waste export licence for the export of regulated waste plastic, other than regulated waste plastic that is processed engineered fuel, the CEO will need to have regard to the matters listed in paragraphs 8(2)(a) to (g).

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [105] – Paragraphs 8(2)(f) and (g)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Plastic Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste plastic, other than regulated waste plastic that is processed engineered fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(2)(a) to (g). This relevantly includes:

 

  •                 whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister) (paragraph 8(2)(f)); and

 

  •                 whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, breached (paragraph 8(2)(g)).

 

  1.      Item 105 of Schedule 1 to the Amendment Rules amends paragraphs 8(2)(f) and 8(2)(g) of the Plastic Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [106] – Subsection 8(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Plastic Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste plastic, other than regulated waste plastic that is processed engineered fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(2)(a) to (g).

 

  1.      The note following subsection 8(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 106 of Schedule 1 to the Amendment Rules amends the note following subsection 8(2) of the Plastic Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [107] – Subsection 9(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Plastic Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste plastic that is processed engineered fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) to (f).

 

  1.      Item 107 of Schedule 1 to the Amendment Rules amends subsection 9(1) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that, when deciding whether to grant a waste export licence for the export of regulated waste plastic that is processed engineered fuel, the CEO will need to have regard to the matters listed in paragraphs 9(2)(a) to (f).

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [108] – Paragraph 9(2)(e) and (f)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Plastic Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste plastic that is processed engineered fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) to (f). This relevantly includes:

 

  •                 whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister) (paragraph 9(2)(e)); and

 

  •                 whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, breached (paragraph 9(2)(f)).

 

  1.      Item 108 of Schedule 1 to the Amendment Rules amends paragraphs 9(2)(e) and 9(2)(f) of the Plastic Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [109] – Subsection 9(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Plastic Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste plastic that is processed engineered fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) to (f).

 

  1.      The note following subsection 9(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 109 of Schedule 1 to the Amendment Rules amends the note following subsection 9(2) of the Plastic Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [110] – Subsection 10(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 10 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic, other than regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      The third note following subsection 10(1) explains that conditions, and any other aspect of a waste plastic export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 110 of Schedule 1 to the Amendment Rules amends the third note following subsection 10(1) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste plastic export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [111] – Subsection 10(2) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 10 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic covered by the licence, other than regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      Subsection 10(2) prescribes as a condition on a waste plastic export licence that the holder of the licence must, for each consignment of regulated waste plastic intended for export under the licence:

 

  •                 ensure that the plastic is sorted, prior to export, into a single polymer plastic or single resin plastic; and

 

  •                 ensure that the plastic complies, prior to export, with the nominated specification for the plastic; and

 

  •                 have or have had, at the time the plastic is exported, a commercial relationship with the importer of the plastic.

 

  1.      The note following subsection 10(2) explains that the nominated specification for a kind of plastic intended for export before 1 July 2022 may be a different nominated specification to that for the same kind of plastic intended for export on or after 1 July 2022. The note refers the reader to subsection 7(3) and the definition of nominated specification in section 4.

 

  1.      Item 111 of Schedule 1 to the Amendment Rules amends subsection 10(2) of the Plastic Rules to repeal the note following this provision. This amendment is consequential to the amendment made by item 103 of Schedule 1 to the Amendment Rules, which repeals subsection 7(3) as that provision is now spent.

 

Item [112] – Subsection 10(5)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 10 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic, other than regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      Subsection 10(5) requires the holder of a waste plastic export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 112 of Schedule 1 to the Amendment Rules amends subsection 10(5) of the Plastic Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 10(5), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [113] – Subsection 10(6) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 10 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic, other than regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      The note following subsection 10(6) explains that the holder of a waste plastic export licence may be required to produce to the Minister evidence of the matters mentioned section 10, and directs the reader to section 143 of the RAWR Act.

 

  1.      Item 113 of Schedule 1 to the Amendment Rules amends the note following subsection 10(6) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment clarifies that the holder of a waste plastic export licence may be required to produce to the CEO evidence of the matters mentioned in section 10 of the Plastic Rules.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [114] – Subsection 10(6) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 10 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic, other than regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      The note following subsection 10(6) explains that the holder of a waste plastic export licence may be required to produce to the Minister evidence of the matters mentioned section 10, and directs the reader to section 143 of the RAWR Act.

 

  1.      Item 114 of Schedule 1 to the Amendment Rules amends the note following subsection 10(6) of the Plastic Rules to omit the reference to section 143 and substitute a reference to paragraph 143(1A)(a). The purpose of this amendment is to ensure the correct power in the RAWR Act is cross-referenced.

 

Item [115] – Subsection 11(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 11 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      The third note following subsection 11(1) explains that conditions, and any other aspect of a waste plastic export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 115 of Schedule 1 to the Amendment Rules amends the third note following subsection 11(1) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste plastic export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [116] – Subsection 11(2) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 11 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      Subsection 11(2) prescribes, as a condition on a waste plastic export licence for the export of regulated waste plastic that is processed engineered fuel, that the holder of the licence must, for each consignment of regulated waste plastic intended for export under the licence:

 

  •                 ensure that the plastic complies, prior to export, with the nominated specification for the plastic; and

 

  •                 ensure that the plastic is securely packaged prior to export; and

 

  •                 take all reasonable steps to ensure that the plastic will be combusted in a way that minimises the risk of harm to the environment or human health; and

 

  •                 have or have had, at the time the plastic is exported, a commercial relationship with the importer of the plastic.

 

  1.      The note following subsection 11(2) explains that the holder of a waste plastic export licence may be required to produce to the Minister evidence of the matters mentioned section 11, and directs the reader to section 143 of the RAWR Act.

 

  1.      Item 116 of Schedule 1 to the Amendment Rules amends the note following subsection 11(2) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment clarifies that the holder of a waste plastic export licence may be required to produce to the CEO evidence of the matters mentioned in section 11 of the Plastic Rules.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [117] – Subsection 11(2) (note)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 11 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      The note following subsection 11(2) explains that the holder of a waste plastic export licence may be required to produce to the Minister evidence of the matters mentioned section 11, and directs the reader to section 143 of the RAWR Act.

 

  1.      Item 117 of Schedule 1 to the Amendment Rules amends the note following subsection 11(2) of the Plastic Rules to omit the reference to section 143 and substitute a reference to paragraph 143(1A)(a). The purpose of this amendment is to ensure the correct power in the RAWR Act is cross-referenced.

 

Item [118] – Subsection 11(5)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 11 of the Plastic Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste plastic that is processed engineered fuel (a waste plastic export licence).

 

  1.      Subsection 11(5) requires the holder of a waste plastic export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 118 of Schedule 1 to the Amendment Rules amends subsection 11(5) of the Plastic Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 11(5), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [119] – Subsection 12(2) (note 2)

 

  1.      Section 36 of the RAWR Act deals with matters to be stated in an export licence. An export licence must be in writing and given to the applicant to whom it was granted (subsection 36(1)) and must state the information set out in subsection 36(2). This includes any other information prescribed by the rules (paragraph 36(2)(k)).

 

  1.      Section 12 of the Plastic Rules prescribes, for the purposes of paragraph 36(2)(k) of the RAWR Act, additional information that must be stated in a waste plastic export licence.

 

  1.      The third note following subsection 12(2) explains that the information stated on an export licence may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 119 of Schedule 1 to the Amendment Rules amends the third note following subsection 12(2) of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary the information stated on an export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [120] – Section 16 (heading)

 

  1.      Section 61 of the RAWR Act requires the holder of an export licence to notify the Minister of certain events. This includes an event prescribed by the rules (paragraph 61(1)(e)).

 

  1.      Section 16 of the Plastic Rules prescribes, for the purposes of paragraph 61(1)(e) of the RAWR Act, that the holder of the licence ceasing to operate the export business that carries out export operations covered by the licence is an event that must be notified to the Minister.

 

  1.      Item 120 of Schedule 1 to the Amendment Rules amends the heading to section 16 of the Plastic Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [121] – Section 17

 

  1.      Section 64 of the RAWR Act allows the Minister to give directions to the holder of an export licence. Subsection 64(3) requires that, in considering whether to give a direction under subsection 64(1), the Minister must have regard to the objects of the RAWR Act (paragraph 64(3)(a)), and any other matters prescribed by the rules (paragraph 64(3)(b)).

 

  1.      Section 17 of the Plastic Rules prescribes, for the purposes of paragraph 64(3)(b) of the RAWR Act, that, in considering whether to give a direction to the holder of an export licence, the Minister must have regard to whether the Minister is satisfied of one or more of the following:

 

  •                 a condition of the waste plastic export licence has been contravened, or it is likely that such a condition will be contravened;

 

  •                 the holder of the waste plastic export licence has not complied, or is likely not to comply, with a requirement under the RAWR Act;

 

  •                 the regulated waste plastic covered by the licence does not comply, or is  likely not to comply, with a requirement under the RAWR Act that applies in relation to the waste plastic.

 

  1.      Item 121 of Schedule 1 to the Amendment Rules amends section 17 of the Plastic Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [122] – Paragraphs 23(2)(a) and (c)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 23 of the Plastic Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      These circumstances relevantly include that the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability (paragraph 23(2)(a)) and that the Minister has accepted the payment undertaking, having considered certain specified matters (paragraph 23(2)(c)).

 

  1.      Item 122 of Schedule 1 to the Amendment Rules amends paragraphs 23(2)(a) and 23(2)(c) of the Plastic Rules to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to accepting written undertakings relating to the payment of a relevant Commonwealth liability to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Item [123] – Subsections 23(3) and (4)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 23 of the Plastic Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      Subsection 23(3) provides that, if a payment undertaking relates to 2 or more relevant Commonwealth liabilities, or a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person, the Minister may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.

 

  1.      Subsection 23(4) allows a payment undertaking may be varied at any time by agreement between the Minister and the person who gave the undertaking.

 

  1.      Item 123 of Schedule 1 to the Amendment Rules amends subsections 23(3) and 23(4) of the Plastic Rules to omit the reference to the Minister from both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by:

 

  •                 Item 122 of Schedule 1 to the Amendment Rules, which transfers the functions relating to accepting written undertakings relating to the payment of a relevant Commonwealth liability to the CEO; and

 

  •                 Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste plastic) to the CEO of NEPA.

 

Recycling and Waste Reduction (Export—Waste Tyres) Rules 2021

 

Item [124] – Section 4 (after the heading)

 

  1.      Section 4 of the Tyre Rules provides definitions for key terms used in the Tyre Rules.

 

  1.      Item 124 of Schedule 1 to the Amendment Rules amends section 4 of the Tyre Rules to insert a new note following the heading of that provision. The new note explains that a number of terms used in the Tyre Rules are defined in the RAWR Act, including CEO, export declaration,  export licence, export operations, NEPA and regulated waste material.

 

Item [125] – Section 4 (definition of listed waste tyre specification)

 

  1.      Section 4 of the Tyre Rules provides definitions for key terms used in the Tyre Rules This includes the term listed waste tyre specification, which is defined to mean a waste tyre specification, as existing from time to time, that is listed on the Department’s website.

 

  1.      Item 125 of Schedule 1 to the Amendment Rules amends the definition of listed waste tyre specification in section 4 of the Tyre Rules to omit the reference to the Department’s website and substitute a reference to the NEPA’s website. The effect of this amendment is to require a listed waste tyre specification to be published on the NEPA’s website.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyre) to the CEO of NEPA.

 

Item [126] – Paragraph 5(4)(c)

 

  1.      Section 17 of the RAWR Act allows the rules to prescribe a kind of waste material for the purposes of the RAWR Act (subsection 17(1)). Waste material prescribed for the purposes of subsection 17(1) is regulated waste material (subsection 17(2)).

 

  1.      Section 5 of the Tyre Rules prescribes, for the purposes of subsection 17(1) of the RAWR Act, kinds of waste material to be regulated waste material. Specifically, subsections 5(2) and 5(3) prescribes waste tyres and tyre derived fuel as regulated waste material for the purposes the RAWR Act (and defines these terms). Subsection 5(4) expressly excludes certain kinds of waste from being regulated waste material under the Tyre Rules. This relevantly includes waste tyres that are hazardous waste in relation to which an order or arrangement has been made by the Minister under Part 3 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act) (paragraph 5(4)(c)).

 

  1.      Item 126 of Schedule 1 to the Amendment Rules amends paragraph 5(4)(c) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions relating orders and arrangements under Part 3 of the HW Act to the CEO of NEPA.

 

Item [127] – Paragraph 6(c)

 

  1.      Subsection 18(1) of the RAWR Act enables the rules to prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.

 

  1.      Section 6 of the Tyre Rules is made for the purposes of subsection 18(1) of the RAWR Act. Subsection 6(2) prescribes that the export of regulated waste tyres is prohibited unless:

 

  •                 the exporter holds a waste tyres export licence that covers the tyres (paragraph 6(a)); and

 

  •                 the licence is in force and not suspended at the time the tyres are exported (paragraph 6(b)); and

 

  •                 for each consignment of tyres that is exported—the exporter has given the Minister an export declaration for the consignment (paragraph 6(c)).

 

  1.      Item 127 of Schedule 1 to the Amendment Rules amends paragraph 6(c) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving an export declaration from the exporter of a consignment of regulated waste tyres to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [128] – Subsection 8(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres other than tyres intended for retreading, tyres intended for re-use, or regulated tyre derived fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(2)(a) to (f).

 

  1.      Item 128 of Schedule 1 to the Amendment Rules amends subsection 8(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that, when deciding whether to grant a waste export licence for the export of regulated waste tyres other than tyres intended for retreading, tyres intended for re-use or regulated tyre derived fuel, the CEO will need to have regard to the matters listed in paragraphs 8(2)(a) to (f).

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [129] – Paragraphs 8(2)(e) and (f)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres other than tyres intended for retreading, tyres intended for re-use or regulated tyre derived fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(2)(a) to (f). This relevantly includes:

 

  •                 whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister) (paragraph 8(2)(e)); and

 

  •                 whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, breached (paragraph 8(2)(f)).

 

  1.      Item 129 of Schedule 1 to the Amendment Rules amends paragraphs 8(2)(e) and 8(2)(f) of the Tyre Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [130] – Subsection 8(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 8 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres other than tyres intended for retreading, tyres intended for re-use or regulated tyre derived fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 8(2)(a) to (f).

 

  1.      The note following subsection 8(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 130 of Schedule 1 to the Amendment Rules amends the note following subsection 8(2) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [131] – Subsection 9(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for retreading. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) to (h).

 

  1.      Item 131 of Schedule 1 to the Amendment Rules amends subsection 9(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that, when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for retreading, the CEO will need to have regard to the matters listed in paragraphs 9(2)(a) to (h).

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [132] – Paragraphs 9(2)(g) and (h)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for retreading. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) to (h). This relevantly includes:

 

  •                 whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister) (paragraph 9(2)(g)); and

 

  •                 whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, breached (paragraph 9(2)(h)).

 

  1.      Item 132 of Schedule 1 to the Amendment Rules amends paragraphs 9(2)(g) and 9(2)(h) of the Tyre Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [133] – Subsection 9(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 9 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for retreading. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 9(2)(a) to (h).

 

  1.      The note following subsection 9(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 133 of Schedule 1 to the Amendment Rules amends the note following subsection 9(2) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [134] – Subsection 10(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 10 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for re-use. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 10(2)(a) to (h).

 

  1.      Item 134 of Schedule 1 to the Amendment Rules amends subsection 10(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that, when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for re-use, the CEO will need to have regard to the matters listed in paragraphs 10(2)(a) to (h).

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [135] – Paragraphs 10(2)(g) and (h)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 10 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for re-use. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 10(2)(a) to (h). This relevantly includes:

 

  •                 whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister) (paragraph 10(2)(g)); and

 

  •                 whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, breached (paragraph 10(2)(h)).

 

  1.      Item 135 of Schedule 1 to the Amendment Rules amends paragraphs 10(2)(g) and 10(2)(h) of the Tyre Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [136] – Subsection 10(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 10 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated waste tyres that are tyres intended for re-use. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 10(2)(a) to (h).

 

  1.      The note following subsection 10(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 136 of Schedule 1 to the Amendment Rules amends the note following subsection 10(2) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [137] – Subsection 11(1)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 11 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated tyre derived fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 11(2)(a) to (f).

 

  1.      Item 137 of Schedule 1 to the Amendment Rules amends subsection 11(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that, when deciding whether to grant a waste export licence for the export of regulated tyre derived fuel, the CEO will need to have regard to the matters listed in paragraphs 11(2)(a) to (f).

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [138] – Paragraphs 11(2)(e) and (f)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 11 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated tyre derived fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 11(2)(a) to (f). This relevantly includes:

 

  •                 whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister) (paragraph 11(2)(e)); and

 

  •                 whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, breached (paragraph 11(2)(f)).

 

  1.      Item 138 of Schedule 1 to the Amendment Rules amends paragraphs 11(2)(e) and 11(2)(f) of the Tyre Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [139] – Subsection 11(2) (note)

 

  1.      Section 34 of the RAWR Act deals with granting a waste export licence for the export of regulated waste material. Subsection 34(2) sets out the matters to which the Minister must have regard when deciding whether to grant a waste export licence. Paragraph 34(2)(f) allows the rules to prescribe additional matters.

 

  1.      Section 11 of the Tyre Rules is made for the purposes of paragraph 34(2)(f) of the RAWR Act and prescribes additional matters to which the Minister must have regard when deciding whether to grant a waste export licence for the export of regulated tyre derived fuel. In making such a decision under the RAWR Act, the Minister is required to have regard to the matters listed in paragraphs 11(2)(a) to (f).

 

  1.      The note following subsection 11(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the RAWR Act).

 

  1.      Item 139 of Schedule 1 to the Amendment Rules amends the note following subsection 11(2) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [140] – Subsection 12(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 12 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste tyres other than tyres intended for retreading, tyres intended for re-use or regulated tyre derived fuel (a waste tyres export licence).

 

  1.      The third note following subsection 12(1) explains that conditions, and any other aspect of a waste tyres export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 140 of Schedule 1 to the Amendment Rules amends the third note following subsection 12(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste tyres export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [141] – Subsection 12(5)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 12 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste tyres other than tyres intended for retreading, tyres intended for re-use or regulated tyre derived fuel (a waste tyres export licence).

 

  1.      Subsection 12(5) requires the holder of a waste tyres export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 141 of Schedule 1 to the Amendment Rules amends subsection 12(5) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 12(5), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [142] – Subsection 13(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 13 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste tyres that are tyres intended for retreading (a waste tyres export licence).

 

  1.      The third note following subsection 13(1) explains that conditions, and any other aspect of a waste tyres export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 142 of Schedule 1 to the Amendment Rules amends the third note following subsection 13(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste tyres export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [143] – Subsection 13(7)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 13 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste tyres that are tyres intended for retreading (a waste tyres export licence).

 

  1.      Subsection 13(7) requires the holder of a waste tyres export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 143 of Schedule 1 to the Amendment Rules amends subsection 13(7) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 13(7), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [144] – Subsection 14(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 14 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste tyres that are tyres intended for re-use (a waste tyres export licence).

 

  1.      The third note following subsection 14(1) explains that conditions, and any other aspect of a waste tyres export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 144 of Schedule 1 to the Amendment Rules amends the third note following subsection 14(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste tyres export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [145] – Subsection 14(7)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 14 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated waste tyres that are tyres intended for re-use (a waste tyres export licence).

 

  1.      Subsection 14(7) requires the holder of a waste tyres export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 145 of Schedule 1 to the Amendment Rules amends subsection 14(7) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 14(7), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [146] – Subsection 15(1) (note 3)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 15 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated tyre derived fuel (a waste tyres export licence).

 

  1.      The third note following subsection 15(1) explains that conditions, and any other aspect of a waste tyres export licence, may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 146 of Schedule 1 to the Amendment Rules amends the third note following subsection 15(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary conditions or any other aspect of a waste tyres export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [147] – Subsection 15(5)

 

  1.      Section 35 of the RAWR Act deals with the conditions of an export licence to export regulated waste material. Subsection 35(1) provides that an export licence is subject to:

 

  •                 the conditions provided by the RAWR Act (paragraph 35(1)(a)); and

 

  •                 the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence) (paragraph 35(1)(b)); and

 

  •                 any additional conditions that the Minister considers appropriate and that are specified in the licence (paragraph 35(1)(c)).

 

  1.      Section 15 of the Tyre Rules prescribes, for the purposes of paragraph 35(1)(b) of the RAWR Act, conditions that apply to an export licence to export regulated tyre derived fuel (a waste tyres export licence).

 

  1.      Subsection 15(5) requires the holder of a waste tyres export licence to notify the Minister, in the form approved by the Minister, certain changes relating to exports under the licence.

 

  1.      Item 147 of Schedule 1 to the Amendment Rules amends subsection 15(5) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to receiving notifications under subsection 15(5), and approving the form for such notifications, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [148] – Subsection 16(1) (note)

 

  1.      Section 36 of the RAWR Act deals with matters to be stated in an export licence. An export licence must be in writing and given to the applicant to whom it was granted (subsection 36(1)) and must state the information set out in subsection 36(2). This includes any other information prescribed by the rules (paragraph 36(2)(k)).

 

  1.      Section 16 of the Tyre Rules prescribes, for the purposes of paragraph 36(2)(k) of the RAWR Act, additional information that must be stated in a waste plastic export licence.

 

  1.      The note following subsection 16(1) explains that the information stated on an export licence may be varied either on application by the licence holder or by the Minister on his or her own initiative. The note directs the reader to Part 6 of Chapter 2 of the RAWR Act.

 

  1.      Item 148 of Schedule 1 to the Amendment Rules amends the note following subsection 16(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. This amendment would clarify that it is the CEO that may vary the information stated on an export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [149] – Subsection 17(2)

 

  1.      Section 39 of the RAWR Act deals with the renewal of an export licence. On receiving an application to renew an export licence, the Minister must decide to renew the licence, or to refuse to renew the licence (subsection 39(1)). Subsection 39(3) specifies the matters to which the Minister must have regard when deciding whether to renew an export licence. This includes any matters prescribed by the rules (paragraph 39(3)(f)).

 

  1.      Subsection 17(2) of the Tyre Rules prescribes, for the purposes of paragraph 39(3)(f) of the RAWR Act, matters that the Minister must also have regard to in deciding whether to renew a waste tyres export licence. These matters are the same matters to which the Minister must have regard in deciding whether to grant a waste tyres export licence.

 

  1.      Item 149 of Schedule 1 to the Amendment Rules amends subsection 17(2) of the Paper and Cardboard Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [150] – Subsection 17(2) (note)

 

  1.      Section 39 of the RAWR Act deals with the renewal of an export licence. On receiving an application to renew an export licence, the Minister must decide to renew the licence, or to refuse to renew the licence (subsection 39(1)). Subsection 39(3) specifies the matters to which the Minister must have regard when deciding whether to renew an export licence. This includes any matters prescribed by the rules (paragraph 39(3)(f)).

 

  1.      Subsection 17(2) of the Tyre Rules prescribes, for the purposes of paragraph 39(3)(f) of the RAWR Act, matters that the Minister must also have regard to in deciding whether to renew a waste tyres export licence. These matters are the same matters to which the Minister must have regard in deciding whether to grant a waste tyres export licence.

 

  1.      The note following subsection 17(2) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 39(3)(a) to (e) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 39(4) of the RAWR Act).

 

  1.      Item 150 of Schedule 1 to the Amendment Rules amends the note following subsection 17(2) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [151] – Subsection 19(1)

 

  1.      Section 42 of the RAWR Act deals with varying an export licence on application by the holder of the licence. Subsection 42(4) specifies the matters to which the Minister must have regard when deciding whether to make a requested variation to an export licence. This includes any matters prescribed by the rules (paragraph 42(4)(e)).

 

  1.      Section 19 of the Tyre Rules prescribes, for the purposes of paragraph 42(4)(e) of the RAWR Act, matters the Minister must also have regard to in deciding whether to make a requested variation to a waste tyres export licence. These matters are the same matters to which the Minister must have regard in deciding whether to grant a waste tyres export licence.

 

  1.      Item 151 of Schedule 1 to the Amendment Rules amends subsection 19(1) of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is that the CEO must have regard to the matters in subsection 19(1) when deciding whether to make a requested variation to a waste tyres export licence.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [152] – Subsection 19(1) (note)

 

  1.      Section 42 of the RAWR Act deals with varying an export licence on application by the holder of the licence. Subsection 42(4) specifies the matters to which the Minister must have regard when deciding whether to make a requested variation to an export licence. This includes any matters prescribed by the rules (paragraph 42(4)(e)).

 

  1.      Section 19 of the Tyre Rules prescribes, for the purposes of paragraph 42(4)(e) of the RAWR Act, matters the Minister must also have regard to in deciding whether to make a requested variation to a waste tyres export licence. These matters are the same matters to which the Minister must have regard in deciding whether to grant a waste tyres export licence.

 

  1.      The note following subsection 19(1) explains that:

 

  •                 other matters to which the Minister must have regard are specified in paragraphs 42(4)(a) to (d) of the RAWR Act; and

 

  •                 the Minister may also have regard to any other matter that the Minister considers relevant (see subsection 42(6) of the RAWR Act).

 

  1.      Item 152 of Schedule 1 to the Amendment Rules amends the note following subsection 19(1) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to granting waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [153] – Section 23 (heading)

 

  1.      Section 61 of the RAWR Act requires the holder of an export licence to notify the Minister of certain events. This includes an event prescribed by the rules (paragraph 61(1)(e)).

 

  1.      Section 23 of the Tyre Rules prescribes, for the purposes of paragraph 61(1)(e) of the RAWR Act, that the holder of the licence ceasing to operate the export business that carries out export operations covered by the licence is an event that must be notified to the Minister.

 

  1.      Item 153 of Schedule 1 to the Amendment Rules amends the heading to section 23 of the Tyre Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [154] – Section 24

 

  1.      Section 64 of the RAWR Act allows the Minister to give directions to the holder of an export licence. Subsection 64(3) requires that, in considering whether to give a direction under subsection 64(1), the Minister must have regard to the objects of the RAWR Act (paragraph 64(3)(a)), and any other matters prescribed by the rules (paragraph 64(3)(b)).

 

  1.      Section 24 of the Tyre Rules prescribes, for the purposes of paragraph 64(3)(b) of the RAWR Act, that, in considering whether to give a direction to the holder of a waste tyres export licence, the Minister must have regard to whether the Minister is satisfied of one or more of the following:

 

  •                 a condition of the waste tyres export licence has been contravened, or it is likely that such a condition will be contravened;

 

  •                 the holder of the waste tyres export licence has not complied, or is likely not to comply, with a requirement under the RAWR Act;

 

  •                 the regulated waste tyres covered by the licence does not comply, or is  likely not to comply, with a requirement under the RAWR Act that applies in relation to the waste tyres.

 

  1.      Item 154 of Schedule 1 to the Amendment Rules amends section 24 of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [155] – Paragraphs 31(2)(a) and (c)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 31 of the Tyre Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      These circumstances relevantly include that the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability (paragraph 31(2)(a)) and that the Minister has accepted the undertaking and has not revoked the acceptance (paragraph 31(2)(c)).

 

  1.      Item 155 of Schedule 1 to the Amendment Rules amends paragraphs 31(2)(a) and 31(2)(c) of the Tyre Rules to omit the reference to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions relating to accepting written undertakings relating to the payment of a relevant Commonwealth liability to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Item [156] – Subsection 31(3)

 

  1.      Section 181 of the RAWR Act provides that a relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.

 

  1.      Section 31 of the Tyre Rules, prescribes, for the purposes of section 181 of the RAWR Act, the circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of the following provisions of the RAWR Act: paragraph 34(2)(c) (grant of export licence), paragraph 39(3)(c) (renewal of export licence) and paragraph 42(4)(b) (variation of export licence).

 

  1.      These circumstances relevantly include that the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability (paragraph 31(2)(a)) and that the Minister has accepted the undertaking and has not revoked the acceptance (paragraph 31(2)(c)).

 

  1.      Subsection 31(3) prevents the Minister from accepting an undertaking unless the Minister has considered certain matters. Subsection 31(3) also clarifies that the Minister may also consider any other matter the Minister considers relevant.

 

  1.      Item 156 of Schedule 1 to the Amendment Rules amends subsection 31(3) of the Tyre Rules to omit the references to the Minister and substitute references to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to waste export licences (including in relation to the export of waste tyres) to the CEO of NEPA.

 

Recycling and Waste Reduction (Fees) Rules 2020

 

Item [157] – Section 8 (heading)

 

  1.      Subsection 155(1) of the RAWR Act enables the rules to make provision in relation to the charging of fees relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the RAWR Act. Paragraph 155(2)(g) relevantly clarifies that the rules may make provision in relation to the refund, remission or waiver of specified fees or penalties for late payment of specified fees. Subsection 155(3) relevantly clarifies that the rules may provide for the Minister to make decisions in relation to the matters mentioned in paragraph 155(2)(g).

 

  1.      Section 8 of the Fee Rules is made for the purposes of paragraph 155(2)(g) of the RAWR Act and allows the Minister to remit or refund the whole or part of a fee, or a penalty for late payment of a fee, that is payable under the Fee Rules.

 

  1.      Item 157 of Schedule 1 to the Amendment Rules amends the heading for section 8 of the Fee Rules to clarify that the power to remit and refund fees in that provision only applies to fees for voluntary product stewardship arrangements. This reflects that the Fee Rules only impose fees relating the accreditation of a voluntary arrangement.

 

Item [158] – Subsection 8(1)

 

  1.      Subsection 155(1) of the RAWR Act enables the rules to make provision in relation to the charging of fees relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the RAWR Act. Paragraph 155(2)(g) relevantly clarifies that the rules may make provision in relation to the refund, remission or waiver of specified fees or penalties for late payment of specified fees. Subsection 155(3) relevantly clarifies that the rules may provide for the Minister to make decisions in relation to the matters mentioned in paragraph 155(2)(g).

 

  1.      Section 8 of the Fee Rules allows the Minister to remit or refund the whole or part of a fee, or a penalty for late payment of a fee, that is payable under the Fee Rules.

 

  1.      Item 158 of Schedule 1 to the Amendment Rules amends subsection 8(1) of the Fee Rules to insert a reference to subsection 155(3) of the RAWR Act. The effect of this amendment is to clarify that section 8 is made for the purposes of both paragraph 155(2)(g) and subsection 155(3) of the RAWR Act.

 

Item [159] – Subsection 8(2)

 

  1.      Subsection 155(1) of the RAWR Act enables the rules to make provision in relation to the charging of fees relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the RAWR Act. Paragraph 155(2)(g) relevantly clarifies that the rules may make provision in relation to the refund, remission or waiver of specified fees or penalties for late payment of specified fees. Subsection 155(3) relevantly clarifies that the rules may provide for the Minister to make decisions in relation to the matters mentioned in paragraph 155(2)(g).

 

  1.      Section 8 of the Fee Rules allows the Minister to remit or refund the whole or part of a fee, or a penalty for late payment of a fee, that is payable under the Fee Rules.

 

  1.      Item 159 of Schedule 1 to the Amendment Rules amends subsection 8(2) of the Fee Rules to clarify that the power to remit and refund fees in that provision only applies to fees for voluntary product stewardship arrangements. This reflects that the Fee Rules only impose fees relating the accreditation of a voluntary arrangement.

 

  1.      The functions relating to voluntary product stewardship arrangements are not being transferred to the CEO of NEPA and remain with the Minister.

 

Item [160] – Paragraph 8(2)(a) and (b)

 

  1.      Subsection 155(1) of the RAWR Act enables the rules to make provision in relation to the charging of fees relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the RAWR Act. Paragraph 155(2)(g) relevantly clarifies that the rules may make provision in relation to the refund, remission or waiver of specified fees or penalties for late payment of specified fees. Subsection 155(3) relevantly clarifies that the rules may provide for the Minister to make decisions in relation to the matters mentioned in paragraph 155(2)(g).

 

  1.      Section 8 of the Fee Rules allows the Minister to remit or refund the whole or part of a fee, or a penalty for late payment of a fee, that is payable under the Fee Rules.

 

  1.      Item 160 of Schedule 1 to the Amendment Rules amends paragraphs 8(2)(a) and 8(2)(b) of the Fee Rules to omit the reference to ‘a fee’ in both provision and substitute a reference to ‘the fee’. This is a drafting style and grammatical change only and does not affect the operation of section 8.

 

Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021

 

Item [161] – Section 4 (after paragraph (b) of the note to the heading)

 

  1.      Section 4 of the NTCRS Rules provides definitions for key terms used in the NTCRS Rules. The note to the heading of section 4 explains that a number of terms used in the NTCRS Rules are defined in the RAWR Act, including administrator, approved co‑regulatory arrangement, constitutional corporation, liable party, product and waste material.

 

  1.      Item 161 of Schedule 1 to the Amendment Rules amends section 4 of the NTCRS Rules to insert new paragraph (ba) in the note to the heading. New paragraph (ba) would have the effect that CEO is listed as an additional term used in the NTCRS Rules that is defined in the RAWR Act.

 

Item [162] – Subsections 4A(2) and (3)

 

  1.      Section 4A of the NTCRS Rules deals with changes to an import declaration for a product, for the purposes of determining what financial year the product was imported into Australia.

 

  1.      Subsection 4A(1) sets the general rule that, for the purposes of determining whether a product was imported in a financial year, a change made to an import declaration must not be taken into account if:

 

  •                 the change is made after 31 October of the financial year following the financial year in which the import declaration was made; and

 

  •                 the change:

 

  1.                reduces the number of television or computer products specified in the declaration; or

 

  1.              reduces the converted weight of any kind of television or computer product specified in the declaration.

 

  1.      However, subsection 4A(2) allows a change to an import declaration to be take into account in determining whether a product was imported in a financial year if the Minister is satisfied that there are exceptional circumstances that justify taking the change into account, having regard to the matters listed in subsection 4A(3) and any other matter the Minister considers relevant.

 

  1.      Subsection 4A(3) sets out the mandatory considerations for the Minister when deciding whether exceptional circumstances exist that justify taking a change to an import declaration into account.

 

  1.      Item 162 of Schedule 1 to the Amendment Rules amends subsections 4A(2) and 4A(3) of the NTCRS Rules to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of determining whether exceptional circumstances exist that justify taking a change to an import declaration into account, for the purposes of determining whether a product was imported in a financial year, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [163] – Subsection 14(2)

 

  1.      Section 14 of the NTCRS Rules relates to the import or manufacture share, for an approved co-regulatory arrangement, for a financial year.

 

  1.      Subsection 14(2)  requires that, the approved co‑regulatory arrangement, when working out its import or manufacture share for the current financial year, may only count the exported products if the administrator of the arrangement, on or before 15 September of the current financial year, gives the Minister a report that meets the requirements of this provision.

 

  1.      Item 163 of Schedule 1 to the Amendment Rules amends subsection 14(2) of the NTCRS Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving a report under subsection 14(2) from the administrator of an approved co-regulatory arrangement to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [164] – Division 1 of Part 5 (heading)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records.

 

  1.      Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister.

 

  1.      Item 164 of Schedule 1 to the Amendment Rules amends the heading for Division 1 of Part 5 of the NTCRS Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [165] – Section 18

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records.

 

  1.      Section 18 of the NTCRS provides that Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister.

 

  1.      Item 165 of Schedule 1 to the Amendment Rules amends section 18 of the NTCRS Rules to omit the reference to the Minister and substitute a reference to the CEO.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [166] – Subsection 19(1)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 19 is in Division 1 of Part 5.

 

  1.      Section 19 of the NTCRS Rules requires the administrator of an approved co-regulatory arrangement to, by 8 September each year, give the Minister a report about the membership of the approved co‑regulatory arrangement as at 1 September of that year.

 

  1.      Item 166 of Schedule 1 to the Amendment Rules amends subsection 19(1) of the NTCRS Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving a report on the membership of an approved co-regulatory arrangement to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [167] – Subsection 20(1) and (2)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 20 is in Division 1 of Part 5.

 

  1.      Subsection 20(1) requires the administrator of an approved co-regulatory arrangement to, for each financial year, give the Minister a report relating to the operation of the approved co‑regulatory arrangement in the financial year, in accordance with section 20. Subsection 20(2) requires the report to be given to the Minister by 30 October in the next financial year, and in a manner approved by the Minister.

 

  1.      Item 167 of Schedule 1 to the Amendment Rules amends subsections 20(1) and 20(2) of the NTCRS Rules to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of receiving an annual report on the operation of an approved co-regulatory arrangement, and approving the manner for giving such a report, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [168] – Paragraph 20(3)(a)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 20 is in Division 1 of Part 5.

 

  1.      Subsection 20(1) requires the administrator of an approved co-regulatory arrangement to, for each financial year, give the Minister a report relating to the operation of the approved co‑regulatory arrangement in the financial year, in accordance with section 20. Subsection 20(2) requires the report to be given to the Minister by 30 October in the next financial year, and in a manner approved by the Minister.

 

  1.      Paragraph 20(3)(a) has the relevant effect of requiring the report to be in a form approved by the Minister.

 

  1.      Item 168 of Schedule 1 to the Amendment Rules amends paragraph 20(3)(a) of the NTCRS Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of approving the form of the report, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [169] – Subsections 21(1) and (2)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 21 is in Division 1 of Part 5.

 

  1.      Subsection 21(1) requires the administrator of an approved co-regulatory arrangement to give the Department a report relating to the operation of the approved co‑regulatory arrangement for each period of 3 months starting on 1 July, 1 October and 1 January in accordance with section 21. Subsection 21(2) requires the report to be given to the Department within 6 weeks after the end of the period to which the report relates.

 

  1.      Item 169 of Schedule 1 to the Amendment Rules amends subsections 21(1) and 21(2) of the NTCRS Rules to omit the references to the Department in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the function of receiving a quarterly report on the operation of an approved co-regulatory arrangement to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [170] – Paragraphs 21(3)(a) and (d)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 21 is in Division 1 of Part 5.

 

  1.      Subsection 21(1) requires the administrator of an approved co-regulatory arrangement to give the Department a report relating to the operation of the approved co‑regulatory arrangement for each period of 3 months starting on 1 July, 1 October and 1 January in accordance with section 21. Subsection 21(2) requires the report to be given to the Department within 6 weeks after the end of the period to which the report relates.

 

  1.      Paragraph 21(3)(a) requires the report to be in the form approved by the Minister. Paragraph 21(3)(d) requires the report to be given in the manner approved by the Minister.

 

  1.      Item 170 of Schedule 1 to the Amendment Rules amends paragraphs 21(3)(a) and 21(3)(d) of the NTCRS Rules to omit the references to the Minister in both provisions and substitute references to the CEO. The effect of this amendment is to transfer the functions of approving the manner and form for a quarterly report on the operation of an approved co-regulatory arrangement to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [171] – Subsection 22(1)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 22 is in Division 1 of Part 5.

 

  1.      Subsection 22(1) requires the administrator of an approved co-regulatory arrangement to, for each financial year, give the Minister a report relating to an audit of the operation of the approved co‑regulatory arrangement in the financial year, in accordance with section 22.

 

  1.      Item 171 of Schedule 1 to the Amendment Rules amends subsection 22(1) of the NTCRS Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving an audit report on the operation of an approved co-regulatory arrangement to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [172] – Paragraph 22(3)(c)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 22 is in Division 1 of Part 5.

 

  1.      Subsection 22(1) requires the administrator of an approved co-regulatory arrangement to, for each financial year, give the Minister a report relating to an audit of the operation of the approved co‑regulatory arrangement in the financial year, in accordance with section 22.

 

  1.      Paragraph 22(3)(c) requires the audit report to be given in the manner approved by the Minister.

 

  1.      Item 172 of Schedule 1 to the Amendment Rules amends paragraph 22(3)(c) of the NTCRS Rules to omit the reference to the Minister and substitute a reference to the CEO. The effect of this amendment is to transfer the function of approving the manner to give the audit report on the operation of an approved co-regulatory arrangement to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [173] – Subsections 24(1) and (2)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 24 is in Division 1 of Part 5.

 

  1.      Subsection 24(1) requires a liable party in relation to television or computer products to give the Minister, by 1 September each year, a report that sets out how many (if any) television or computer products of each kind of television or computer product (identified by product code) the liable party manufactured in Australia in the previous financial year. Subsection 24(2) requires the report to be given in a manner approved by the Minister.

 

  1.      Item 173 of Schedule 1 to the Amendment Rules amends subsections 24(1) and 24(2) of the NTCRS Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving a report under subsection 24(1), and approving the manner to give such a report, to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

Item [174] – Subsection 25(2)

 

  1.      Part 5 of the NTCRS Rules deals with requirements relating to giving reports and keeping of records. Division 1 of Part 5 is made for the purposes of subsection 83(1) of the RAWR Act, which allows the rules to make provision for and in relation to requiring a person who is a liable party in relation to a product, or the administrator of an approved co‑regulatory arrangement in relation to a product, to give specified reports to the Minister. Section 25 is in Division 1 of Part 5.

 

  1.      Subsection 25(2) requires a liable party to give the Minister a report about a related body corporate of the liable party if the related body corporate of a liable party imported or manufactured in Australia televisions, computers or printers in a financial year. The report must comply with the requirements in subsection 25(2).

 

  1.      Item 174 of Schedule 1 to the Amendment Rules amends subsection 25(2) of the NTCRS Rules to omit the reference to the Minister in both provisions and substitute a reference to the CEO. The effect of this amendment is to transfer the function of receiving a report under subsection 25(2) to the CEO of NEPA.

 

  1.      This amendment is consequential to the amendments made by Schedule 2 to the EPR Act, which transfer the functions in the RAWR Act relating to co-regulatory product stewardship arrangements (including in relation to the export of television and computer products) to the CEO of NEPA.

 

 


ATTACHMENT B

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026

 

This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The National Environmental Protection Agency Act 2025 (NEPA Act) establishes Australia’s first national independent environmental protection agency, the NEPA, to undertake regulatory and implementation functions under a range of Commonwealth environmental laws. These functions include issuing permits and licences and undertaking compliance and enforcement activities. The NEPA will be established on 1 July 2026, on commencement of the NEPA Act.

Schedule 2 of the Environment Protection Reform Act 2025 (EPR Act) enables the NEPA to undertake these functions by amending nine Commonwealth Acts to confer relevant powers and functions relating to regulatory functions and compliance and enforcement to the Chief Executive Officer (CEO) of NEPA. Relevantly, these Acts include the Product Emissions Standards Act 2017 (PES Act) and the Recycling and Waste Reduction Act 2020 (RAWR Act).

The amendments made by Schedule 2 of the EPR Act to the PES Act and RAWR Act commence on 1 July 2026, to coincide with the establishment of the NEPA and the CEO.

The Environment Protection Reform Legislation Amendment (Consequential Amendments) Rules 2026 (the Amendment Rules) amend each of the following rules to transfer functions and powers in those rules relating to regulatory functions, compliance and enforcement to the CEO of NEPA:

  • Product Emissions Standards Rules 2017;
  • Recycling and Waste Reduction (Export–Waste Glass) Rules 2020;
  • Recycling and Waste Reduction (Export–Waste Paper and Cardboard) Rules 2024;
  • Recycling and Waste Reduction (Export–Waste Plastic) Rules 2021;
  • Recycling and Waste Reduction (Export–Waste Tyres) Rules 2021;
  • Recycling and Waste Reduction (Fees) Rules 2020;
  • Recycling and Waste Reduction (Product Stewardship–Television and Computers) Rules 2021.

These rules are made under either the PES Act or RAWR Act, which were amended by Schedule 2 of the EPR Act for the same purpose.

The Amendment Rules also make necessary consequential amendments to the listed rules to support the amendments by Schedule 2 of the EPR Act.

Human rights implications

The Amendment Rules do not engage with any of the applicable rights or freedoms. 

Conclusion

The Amendment Rules are compatible with human rights as the rules not raise any human rights issues.

 

Circulated by authority of the Minister for the Environment and Water,

Senator the Hon. Murray Watt

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.