Northern Territory Numbered Acts

ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 (NO 2 OF 2011)

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

   1.      Short title  
   2.      Commencement  
   3.      Object of Act  
   4.      Definitions  
   5.      Application of Part IIAA of Criminal Code  

   PART 2--CONTAINER DEPOSIT SCHEME

           Division 1--Basic concepts

   6.      Meaning of container  
   7.      Meaning of beverage  
   8.      Meaning of beverage retailer  
   9.      Containers exempted from application of CDS  

           Division 2--Establishment, waste management arrangements and CDS principles

   10.     CDS established  
   11.     Waste management arrangement  
   12.     CDS principles  

           Division 3--Supply of beverages in regulated containers

   13.     Supply of regulated container to beverage retailer  
   14.     Beverage retailer sale of beverages in approved container  

           Division 4--Approval requirements for CDS participants

   15.     Approval required for CDS coordinator  
   16.     Approval required for collection depot operator  

           Division 5--Refund amount entitlement and payments

   17.     No refund for container purchased outside Territory or corresponding jurisdiction  
   18.     Collection depot to pay refund amount for empty containers  
   19.     How refund amount paid  
   20.     Operator of collection depot may be reimbursed for costs  

           Division 6--CDS approvals

              Subdivision 1--Application process for CDS approvals

   21.     Making application  
   22.     CEO may require further information  
   23.     Considering application  
   24.     Conditions of approval  
   25.     Notice of decision on application  
   26.     Duration of approval  
   27.     Renewal of approval  
   28.     Approval not transferable  

              Subdivision 2--Variation of conditions of CDS approvals

   29.     Definitions  
   30.     Variation of conditions – CEO's initiative  
   31.     Variation of conditions – application by holder  
   32.     CEO may require further information  
   33.     Consideration of application  
   34.     Notice of decision on application  
   35.     Failure to decide application  
   36.     When variation of conditions takes effect  

              Subdivision 3--Suspension and cancellation of CDS approvals

   37.     Grounds for suspending or cancelling approval  
   38.     Show cause notice  
   39.     Representations about show cause notices  
   40.     Ending show cause process without further action  
   41.     Suspension or cancellation  

              Subdivision 4--Miscellaneous matters

   42.     Contravention of condition  
   43.     CDS approval holders to keep records  
   44.     Annual returns by CDS approval holders  
   45.     Sign at retail premises  

           Division 7--Reviews

   46.     Application for review of decision  
   47.     Operation and implementation of decision  
   48.     Conduct of hearing  

           Division 8--General

   49.     Minister may establish targets for reuse, recycling or other disposal of approved containers  
   50.     Review of CDS  

   PART 3--PLASTIC BAGS

           Division 1--Basic concepts

   51.     Meaning of prohibited plastic bag  
   52.     Meaning of biodegradable bag  
   53.     Meaning of phase out period and prohibition day  
   54.     Part does not apply to exempt person  

           Division 2--Obligations of retailers and others

   55.     Retailer must make alternative bags available during phase out period  
   56.     Retailer must display notices during phase out period  
   57.     Obligations of retailer after phase out period  
   58.     Manufacturers and distributors must not represent prohibited plastic bags are not prohibited plastic bags  

           Division 3--General

   59.     Review of Part  

   PART 4--ENFORCEMENT

           Division 1--Preliminary matters

   60.     Definitions  
   61.     When thing is connected with offence  

           Division 2--Powers of authorised officers to enter places

   62.     Entry of place – general  
   63.     Consent to entry  
   64.     Entry of place – search warrant  
   65.     Additional powers for entry of vehicle  

           Division 3--Powers of authorised officers on entry of places

   66.     Powers on entry of place  
   67.     Seizure of things  
   68.     Retention of things seized  
   69.     Authorised officer may use help and force in exercising powers  

           Division 4--Other enforcement powers

   70.     Power to require name and address  
   71.     Power to require information from certain persons  
   72.     Power to require CDS approval holder to produce document  

           Division 5--Offences

   73.     Confidentiality of information  
   74.     Misleading information or document  
   75.     Obstruction of person acting in official capacity  
   76.     Falsely representing to be authorised officer  

           Division 6--Criminal liability for offences

   77.     Definitions  
   78.     Conduct of representative  
   79.     Criminal liability of partner in partnership  
   80.     Criminal liability of manager of unincorporated association  
   81.     Criminal liability of executive officer of body corporate  

           Division 7--Legal proceedings and evidentiary matters

   82.     Alternative verdicts  
   83.     Judicial notice  
   84.     Evidentiary certificate  

   PART 5--ADMINISTRATIVE MATTERS

   85.     Approved forms  
   86.     Delegation by CEO  
   87.     Authorised officers  
   88.     Identity card  
   89.     Production of identity card  
   90.     Return of identity card  

   PART 6--MISCELLANEOUS MATTERS

   91.     Protection from liability  
   92.     Annual report  
   93.     Regulations