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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Environment Protection (Product Deposit Scheme) Amendment
Bill 2008
A BILL FOR
An Act to amend the Environment Protection Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Environment Protection
Act 1993
3 Amendment of section
3—Interpretation
4 Substitution of heading to Part 8 Division
2
Division 2—Beverage container deposit scheme
5 Amendment of
section 64E—Outline of Division
6 Amendment of section
65—Interpretation
7 Amendment of section 69—Approval of
collection depots and super collectors
8 Amendment of section
69A—Annual fees and returns for beverage container collection depots and
super collectors
9 Amendment of section 69C—Offence to claim refund on
beverage containers purchased outside State or corresponding
jurisdiction
10 Amendment of section 71—Beverage container collection
depots to pay refund amounts for certain empty category B
containers
11 Insertion of Part 8 Division 3
Division 3—Product deposit scheme
74 Outline of
Division
75 Interpretation
76 Exemption
of certain PDS products by regulation
77 Approval of
collection depots
78 Offence to contravene condition of
approval
78A Annual fees and returns for PDS collection
depots
78B Sale and supply of PDS
products
78C Retailers to pay prescribed refund amounts
for certain disused PDS products
78D PDS collection
depots to pay prescribed refund amounts for certain disused PDS
products
78E Manner of payment of refund
amounts
12 Amendment of section 93—Environment protection
orders
13 Amendment of section 106—Appeals to court
14 Amendment of
section 109—Public register
15 Amendment of section
118—Service
16 Amendment of Schedule 1—Prescribed activities of
environmental significance
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Environment Protection (Product Deposit
Scheme) Amendment Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Environment Protection
Act 1993
3—Amendment of
section 3—Interpretation
Section 3(1)—after the definition of owner
insert:
PDS collection depot approval means an approval under section
77;
4—Substitution of
heading to Part 8 Division 2
Heading to Part 8 Division 2—delete the heading to Division 2 and
substitute:
Division 2—Beverage container deposit
scheme
5—Amendment of
section 64E—Outline of Division
(1) Section 64E(1)(c)—delete "collection depots" and substitute:
beverage container collection depots
(2) Section 64E(1)(d)—after "collection depots" insert:
taking category B containers
6—Amendment of
section 65—Interpretation
(1) Section 65, definition of approved collection
depot—delete the definition
(2) Section 65—after the definition of beverage
insert:
beverage container collection depot means—
(a) a facility or premises for the collection and handling of category B
containers that are delivered to the facility or premises in consideration of
the payment of refund amounts; or
(b) a facility or premises of a kind prescribed by regulation,
in respect of which an approval under section 69 is in force;
(3) Section 65, definition of category B
container—delete "collection depot" and substitute:
beverage container collection depot
(4) Section 65, definition of collection depot—delete
the definition
(5) Section 65, definition of super collector—delete
"collection depots" and substitute:
beverage container collection depots
7—Amendment of
section 69—Approval of collection depots and super
collectors
Section 69(1)(a)—delete paragraph (a) and substitute:
(a) operate a facility or premises for the collection and handling of
category B containers that are delivered to the facility or premises in
consideration of the payment of a refund amount; or
8—Amendment of
section 69A—Annual fees and returns for beverage container collection
depots and super collectors
Section 69A(1)—delete "to operate a collection depot or" and
substitute:
in respect of a beverage container collection depot or an approval
to
9—Amendment of
section 69C—Offence to claim refund on beverage containers purchased
outside State or corresponding jurisdiction
Section 69C—delete "collection depot" wherever occurring and
substitute in each case:
beverage container collection depot
10—Amendment of
section 71—Beverage container collection depots to pay refund amounts for
certain empty category B containers
(1) Section 71(1) and (2)—delete "an approved collection depot"
wherever occurring and substitute in each case:
a beverage container collection depot
(2) Section 71(2)(a)—delete "of the operator of the depot is subject
to a condition limiting the operation of the depot" and substitute:
in respect of the collection depot is subject to a condition limiting the
operation of the collection depot
11—Insertion of
Part 8 Division 3
Part 8—after Division 2 insert:
Division 3—Product deposit
scheme
74—Outline of Division
This Division establishes a product deposit scheme (PDS)
requiring the payment of prescribed refund amounts on disused PDS products for
the purposes of encouraging their return, recycling or reuse and reducing the
disposal of such products as litter or landfill.
75—Interpretation
In this Division—
PDS collection depot means—
(a) a facility or premises for the collection and handling of PDS products
that are delivered to the facility or premises in consideration of the payment
of refund amounts; or
(b) a facility or premises of a kind prescribed by regulation,
in respect of which an approval under section 77 is in
force;
PDS product means a product (other than a beverage container
within the meaning of Division 2) of a class declared by regulation to be a PDS
product for the purposes of the product deposit scheme established under this
Division;
prescribed refund amount, in relation to a PDS product of a
particular class, means an amount prescribed as the refund amount for PDS
products of that class;
prescribed refund marking, in relation to a PDS product of a
particular class, means the refund marking, or refund marking of a kind,
prescribed by regulation for PDS products of that class indicating the refund
amount for products of that class;
retailer, in relation to PDS products, means a person whose
business is or includes that of selling PDS products by retail, and in the case
of such sale by means of a vending machine, includes the owner of that vending
machine unless the owner has let out the machine on hire to some other person,
in which case the expression includes that other person.
76—Exemption of certain PDS products by
regulation
The Governor may, by regulation, exempt PDS products of a specified class
from the application of this Division, or specified provisions of this Division,
either unconditionally or subject to the conditions specified in the
regulations.
77—Approval of collection
depots
(1) A person must not operate a facility or premises for the collection
and handling of PDS products that are delivered to the facility or premises in
consideration of the payment of refund amounts without the approval of the
Authority.
Penalty:
If the offender is a body corporate—Division 1 fine.
If the offender is a natural person—Division 3 fine.
(2) An application for an approval under this section—
(a) must be made in a manner and form determined by the Authority;
and
(b) must be accompanied by the prescribed fee; and
(c) must, on request by the Authority, be accompanied by additional
information to enable the Authority to determine the application.
(3) The Authority may, in determining—
(a) an application for an approval under this section; or
(b) what should be the conditions of such an approval,
have regard to the need for sustainable arrangements for the collection,
sorting and aggregation of PDS products and their reuse, recycling or other
disposal and, in particular, for that purpose, the need for—
(c) ongoing, effective and appropriate arrangements in relation to the
classes of PDS products proposed to be handled under the approval; and
(d) effective processes for resolving disputes between the parties to
those arrangements.
(4) An approval under this section may be granted unconditionally or
subject to conditions and must be notified in the Gazette.
(5) A notice of approval under subsection (4) must
specify—
(a) the classes of PDS products for which the collection depot is
approved; and
(b) the conditions of the approval.
(6) If the Authority refuses an application for an approval under this
section, the Authority must give the applicant written notice of the refusal and
the reasons for the refusal.
(7) The Authority may, on its own initiative or on application, by notice
in the Gazette, vary an approval under this section or impose, vary or revoke a
condition of an approval.
(8) The Authority may, by notice in the Gazette, revoke an approval under
this section if satisfied that a condition of the approval has been
contravened.
(9) Before the Authority acts on its own initiative under
subsection (7) or acts under subsection (8), the Authority
must—
(a) notify the holder of the approval in writing of its proposed action
specifying reasons for the proposed action; and
(b) allow the holder of the approval at least 14 days within
which to make submissions to the Authority in relation to the proposed
action.
(10) A notice under this section has effect from the date of publication
of the notice in the Gazette or a future date specified in the notice.
78—Offence to contravene condition of
approval
The holder of a PDS collection depot approval must not contravene a
condition of the approval.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
78A—Annual fees and returns for PDS collection
depots
(1) The holder of a PDS collection depot approval must—
(a) in each year, lodge with the Authority, before the date fixed by
regulation, an annual return containing the information required by the
Authority by condition of the approval or by notice in writing; and
(b) in each year other than a year in which the approval is due to expire,
pay to the Authority, before the date fixed by regulation, the fee fixed by
regulation.
(2) If a person fails to lodge a return or pay a fee in accordance with
this section, the Authority may, by notice in writing, require the person to
make good the default and, in addition, to pay to the Authority the amount fixed
by regulation as a penalty for default.
(3) If a person fails to comply with the notice within 14 days after
the giving of the notice, the approval is suspended until the notice is complied
with.
(4) If a person fails to comply with the notice within 6 months after
the giving of the notice, the approval is revoked.
(5) The Authority must cause written notice of the suspension or
revocation under this section to be given to the person.
(6) An annual fee (including a penalty for default) payable under this
section is recoverable by the Authority as a debt due to the
Authority.
78B—Sale and supply of PDS
products
(1) A retailer must not sell a PDS product of a particular class
unless—
(a) the product bears the prescribed refund marking for the class of PDS
products to which the product belongs; and
(b) —
(i) the product when sold is accompanied by written information indicating
the locations of PDS collection depots approved for products of that class;
or
(ii) the retailer has a sign prominently displayed in the retailer's
premises so as to be readily visible to purchasers stating the location of PDS
collection depots approved for products of that class.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(2) A person must not supply a PDS product of a particular class to a
retailer for sale by the retailer unless it bears the prescribed refund marking
for the class of PDS products to which the product belongs.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
78C—Retailers to pay prescribed refund amounts for
certain disused PDS products
(1) Subject to subsection (2), a retailer who sells a PDS product of
a class prescribed by regulation for the purposes of this section must not
refuse or fail, or permit a person acting on the retailer's behalf to refuse or
fail—
(a) to accept delivery of disused PDS products of that class that bear the
prescribed refund marking, or a former prescribed refund marking, for products
of that class; or
(b) in respect of each such product, to pay to the person delivering that
product the prescribed refund amount for that product.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(2) A retailer or a person acting on the retailer's behalf may refuse or
fail to accept delivery of a product if the product is in an unclean
condition.
(3) In proceedings for an offence against subsection (1), an
allegation in the complaint that the retailer sells PDS products of a particular
class is, in the absence of proof to the contrary, proof of the matter so
alleged.
78D—PDS collection depots to pay prescribed refund
amounts for certain disused PDS products
(1) Subject to subsection (2), the operator of a PDS collection depot
must not refuse or fail, or permit a person acting on his or her behalf to
refuse or fail—
(a) to accept delivery of disused PDS products of a class for which the
collection depot is approved, being a product that bears the prescribed refund
marking, or a former prescribed refund marking, for products of that class;
or
(b) in respect of each such product, to pay to the person delivering that
product the prescribed refund amount for that product.
Penalty: Division 7 fine.
Expiation fee: Division 7 fee.
(2) The operator of a PDS collection depot or a person acting on that
person's behalf may refuse or fail to accept delivery of a product if the
product is in an unclean condition.
78E—Manner of payment of refund
amounts
A person who is required under this Division to pay a refund amount for a
disused PDS product must pay the amount—
(a) in the case of a refund amount dispensed from a reverse vending
machine—
(i) in cash; or
(ii) by way of credit note redeemable for cash; or
(iii) in a manner prescribed by regulation; or
(b) in any other case—in cash.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
12—Amendment of
section 93—Environment protection orders
Section 93(1)(a)(iv)—after "beverage container approval"
insert:
or a PDS collection depot approval
13—Amendment of
section 106—Appeals to court
Section 106(1)(cb) and (cc)—after "beverage container approval"
wherever occurring insert in each case:
or a PDS collection depot approval
14—Amendment of
section 109—Public register
Section 109(3)—after paragraph (g) insert:
(ga) details of PDS collection depot approvals and applications for PDS
collection depot approvals;
15—Amendment of
section 118—Service
Section 118(2)(a)—delete " or a beverage container approval" and
substitute:
, a beverage container approval or a PDS collection depot
approval
16—Amendment of
Schedule 1—Prescribed activities of environmental
significance
(1) Schedule 1, Part A, clause 3(3)(g)—delete "to operate a
collection depot" and substitute:
in respect of a beverage container collection depot
(2) Schedule 1, Part A, clause 3(3)—after paragraph (ga)
insert:
(gab) the collection and handling of PDS products by the holder of a PDS
collection depot approval; or
(3) Schedule 1, Part A, clause 3(3)—after paragraph (h)
insert:
(ha) the handling for charitable or non-profit purposes only of PDS
products bearing prescribed refund marking under Part 8 Division 3;