Overview

The Minor Variation to the National Environment Protection (Used Packaging Materials) Measure was enacted in 1999 under the National Environment Protection Council Act 1994 and corresponding Acts in each participating state and territory. This legislative instrument was introduced to address the need to extend the regulatory safety net provided by the National Environment Protection (Used Packaging Materials) Measure (NEPM) for an additional twelve months. The National Environment Protection Council, empowered by the respective Acts, made this variation to ensure the continuity of the regulatory framework that supports the National Packaging Covenant. The policy objective of this minor variation is to extend the life of the NEPM from its original six-year period, ensuring ongoing protection and management of used packaging materials across Australia. The Minor Variation to the National Environment Protection (Used Packaging Materials) Measure aims to extend the duration of the regulatory safety net provided by the NEPM, which serves as a critical component of the National Packaging Covenant. This extension is necessary to maintain consistent environmental protection and to provide a stable regulatory framework for the management of used packaging materials. The participating jurisdictions are required to implement the variation through their respective laws and arrangements, as stipulated in the enabling Acts. This measure ensures that the NEPM remains effective as a regulatory safety net until 14 July 2005, thereby supporting the broader goals of the National Packaging Covenant.

Scope and Application

This minor variation to the National Environment Protection (Used Packaging Materials) Measure applies to the laws and other arrangements of all participating jurisdictions, including the Commonwealth, and each of the states and territories of Australia. The variation is intended to extend the life of the National Environment Protection Measure (NEPM) as the regulatory safety net underpinning the National Packaging Covenant for twelve months, specifically until 14 July 2005. This legislative instrument affects entities and persons involved in the management and disposal of used packaging materials across Australia, ensuring that the regulatory framework remains effective and aligned with broader environmental objectives. The variation does not introduce any new exclusions or exemptions but rather modifies the existing provisions to extend the period of application. The implementation of this variation is subject to the laws and arrangements deemed necessary by each participating jurisdiction, as stipulated in the relevant Acts of each jurisdiction.

Key Provisions

The Minor Variation to the National Environment Protection (Used Packaging Materials) Measure introduces a temporary extension to the existing National Environment Protection Measure (NEPM) concerning used packaging materials. Under section 3 of the legislation, Clause 2 of the Principal Measure is altered to extend its effective period by twelve months to 14 July 2005. This means that the regulatory safety net provided by the NEPM will remain in place for an additional year beyond its initial expiration date. The change is aimed at providing continuity and stability in the regulation of used packaging materials until the National Packaging Covenant can be fully implemented. The Act imposes several obligations on the parties and entities it governs. For instance, it mandates that the participating jurisdictions (Commonwealth, States, and Territories) must implement the changes through their respective laws and arrangements as deemed necessary, as outlined in section 7 of the National Environment Protection Council Act 1994 and equivalent provisions in the corresponding Acts of each jurisdiction. Additionally, the Act requires these jurisdictions to ensure that the extended NEPM is enforced to maintain environmental standards and manage the lifecycle of used packaging materials effectively. Compliance with these obligations is essential to uphold the environmental protections and commitments set forth by the NEPM. In terms of enforcement and consequences, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the overarching framework under which this variation operates includes provisions in the National Environment Protection Council Act 1994 and corresponding state and territory Acts, which could impose penalties for non-compliance with environmental protection measures. Penalties for breaches of environmental laws can vary but typically include fines, imprisonment, or both, depending on the severity and frequency of the offence. For example, under the Commonwealth Act, penalties can include fines of up to $222,200 for corporations and $44,400 for individuals, alongside potential imprisonment terms. The exact penalties would be determined based on the specific nature of the breach and the jurisdiction in which it occurs.