Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection Amendment (Beverage
Container Deposit and Recovery Scheme) Bill 2011
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Amendment of section 4--Definitions 2
4 New Division 6 inserted in Part IX of the Environment
Protection Act 1970 3
Division 6--Beverage Container Deposit and Recovery
Scheme 3
52 Objective 3
52A Purpose 4
52B Beverage Container Deposit and Recovery Scheme 4
52C Functions of the Authority 4
52D Importer or producer of beverage container is liable
to pay beverage container environmental levy 6
52E Amount of beverage container environmental levy 6
52F When beverage container environmental levy must be
paid 6
52G Beverage containers must be labelled as refundable 7
52H Prescribed labelling requirements 7
52I Authorised collection depots 7
52J Authorised transfer stations 9
52K Offence to claim refund on beverage container
purchased outside Victoria 10
52L Authorised collection depot or authorised transfer
station to pay refund 11
52M Review of refund value 12
52N Exemption 13
52O Division does not extend to existing beverage
containers 14
5 Amendment of section 70--Environment Protection Fund 14
6 Amendment of section 71--Regulations 14
7 Repeal of amending Act 15
ENDNOTES 16
571PM1B.I-14/6/2011 i BILL LC INTRODUCTION 14/6/2011
PARLIAMENT OF VICTORIA
Introduced in the Council by Ms Colleen Hartland
Environment Protection Amendment
(Beverage Container Deposit and
Recovery Scheme) Bill 2011
A Bill for an Act to amend the Environment Protection Act 1970 to
make further provision for environmentally sustainable uses of
resources and best practices in waste management by establishing a
beverage container deposit and recovery scheme to be administered by
the Environment Protection Authority and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Environment Protection Act 1970 to establish a
beverage container deposit and recovery scheme
5 to be administered by the Environment Protection
Authority.
571PM1B.I-14/6/2011 1 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 2
2 Commencement
This Act comes into operation on 1 July 2012.
3 Amendment of section 4--Definitions
See: In section 4(1) of the Environment Protection
Act No.
5 8056. Act 1970 insert the following definitions--
Reprint No. 16
as at "authorised collection depot means a premises
16 July 2007
and
authorised by the Authority under
amending section 52I for the collection of empty
Act Nos
62/2005,
beverage containers;
4/2008,
10 20/2008 and authorised transfer station means a premises
44/2008. authorised by the Authority under
LawToday:
www. section 52J to be an authorised transfer
legislation. station;
vic.gov.au
beverage means--
15 (a) any carbonated or non-carbonated soft
drink, fruit juice or water; or
(b) any alcoholic drink, including brandy,
gin, rum, whisky, cordials containing
spirits, wine, cider, perry, mead, ale,
20 porter, beer or any other spirituous,
malt, vinous or fermented liquor; or
(c) milk, including animal milk, soy milk
or processed milk; or
(d) any other liquid intended for human
25 consumption by drinking that is
prescribed to be a beverage--
but does not include a beverage of a class
that is prescribed not to be a beverage;
beverage container means a container containing
30 a beverage that is produced for the sale of the
beverage in a sealed form to the consumer,
being a container which has a capacity not
exceeding 3 litres and is of any of the
following types--
571PM1B.I-14/6/2011 2 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
(a) a plastic or glass bottle;
(b) an aluminium or steel can;
(c) a liquid paperboard or composite
carton;
5 (d) a composite container--
but does not include a beverage container of
a class that is prescribed not to be a beverage
container;
beverage container environmental levy means the
10 levy imposed under section 52D;
import means import or bring into Victoria from
another State or a Territory or other country;
labelled includes embossed, painted or stamped;
refund value means 10 cents, or any higher
15 amount prescribed following a review
conducted in accordance with section 52M;
Scheme means the Beverage Container Deposit
and Recovery Scheme established by
section 52B;".
20 4 New Division 6 inserted in Part IX of the
Environment Protection Act 1970
After Division 5 of Part IX of the Environment
Protection Act 1970 insert--
"Division 6--Beverage Container Deposit and
25 Recovery Scheme
52 Objective
The objective of this Division is to promote
the principles of environment protection by
regulating the use, sale and recovery of
30 beverage containers.
571PM1B.I-14/6/2011 3 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
52A Purpose
The purpose of this Division is to give effect
to the objective specified in section 52 by
establishing a Beverage Container Deposit
5 and Recovery Scheme the operation of
which is to be funded by the beverage
container environmental levy.
52B Beverage Container Deposit and Recovery
Scheme
10 There is established a Beverage Container
Deposit and Recovery Scheme which is to be
administered by the Authority.
52C Functions of the Authority
(1) The functions of the Authority in
15 administering the Scheme are to--
(a) manage the operation of the Scheme
having regard to the objective specified
in section 52;
(b) collect the beverage container
20 environmental levy;
(c) grant exemptions under section 52N;
(d) authorise a premises to be an authorised
collection depot;
(e) authorise a premises to be an authorised
25 transfer station;
(f) enter into agreements with the
operators of authorised collection
depots and authorised transfer stations;
(g) facilitate and promote the Scheme;
571PM1B.I-14/6/2011 4 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
(h) provide grants or other financial
incentives to encourage the use of
recyclable and reusable containers and
the increased use of recycled material
5 from beverage containers;
(i) provide information and advice to the
Minister in relation to the operation of
the Scheme.
(2) Without limiting the generality of
10 subsections (1)(g) and (1)(h), the Authority
may use any available funds for any of the
following purposes--
(a) market creation and support for
collected beverage containers and
15 materials;
(b) financial support for kerbside recycling
services (that is, services involving the
collection by or on behalf of municipal
councils of containers that have been
20 separated for recycling by occupants of
residences or businesses);
(c) further offsetting the collection industry
costs for the operation of the Scheme;
(d) product development to improve the
25 recyclability and reusability of
beverage containers;
(e) other activities and programs connected
with recycling which the Authority
considers will facilitate
30 environmentally sustainable uses of
resources and promote best practices in
waste management.
571PM1B.I-14/6/2011 5 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
52D Importer or producer of beverage
container is liable to pay beverage
container environmental levy
Unless an exemption granted under
5 section 52N applies, a person who imports a
beverage container into Victoria for the
purpose of sale within Victoria or produces a
beverage container in Victoria for the
purpose of sale within Victoria is liable to
10 pay a beverage container environmental levy
payable for each beverage container in
accordance with section 52F.
Penalty: 2400 penalty units and in the case
of a continuing offence a daily
15 penalty of 1200 penalty units for
each day the offence continues
after a finding of guilt or after
service by the Authority on the
defendant of notice of
20 contravention of this section.
52E Amount of beverage container
environmental levy
The amount of the beverage container
environmental levy is--
25 (a) 10 cents; or
(b) if the regulations prescribe a higher
amount for the purposes of this section,
that amount--
for each beverage container.
30 52F When beverage container environmental
levy must be paid
A person who is liable to pay the beverage
container environmental levy must pay the
levy to the Authority within 14 days after the
35 end of the month in which the beverage
571PM1B.I-14/6/2011 6 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
container was sold by that person in Victoria
to a wholesaler, retailer or individual.
Penalty: 100 penalty units.
52G Beverage containers must be labelled as
5 refundable
A person must not sell a beverage container
unless the container is labelled "X refund at
an authorised collection depot when sold
in Victoria".
10 Penalty: 100 penalty units.
Note
X means 10 cents or the higher amount prescribed
under section 52E.
52H Prescribed labelling requirements
15 If any labelling requirements are prescribed
in relation to beverage containers, a person
must not sell a beverage container unless the
container is labelled in accordance with the
relevant prescribed labelling requirements.
20 Penalty: 100 penalty units.
52I Authorised collection depots
(1) The Authority may approve a premises to be
an authorised collection depot.
(2) The Authority may enter into an agreement
25 with the operator of an authorised collection
depot in respect of the location, operation
and functions of the authorised collection
depot.
(3) Without limiting the generality of subsection
30 (2), an agreement under subsection (2) may
include provisions relating to--
571PM1B.I-14/6/2011 7 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
(a) the delivery of sorted empty beverage
containers to an authorised transfer
station;
(b) the payment to the operator of the
5 authorised collection depot of the
refund value paid by the authorised
collection depot;
(c) the payment of any penalty by the
operator of the authorised collection
10 depot for a failure to comply with the
agreement.
(4) Without limiting the types of collection
depots that may be authorised--
(a) collection depots may involve manual
15 or mechanised handling facilities,
including reverse vending machines;
and
(b) any of the following may be authorised
as collection depots--
20 (i) council sites;
(ii) community centres and
community-based facilities;
(iii) shopping centres and centre car
parks;
25 (iv) service stations or other retailers;
(v) schools;
(vi) "drive through" recycling centres;
(vii) authorised transfer stations.
571PM1B.I-14/6/2011 8 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
52J Authorised transfer stations
(1) The Authority may approve a premises to be
an authorised transfer station.
(2) The Authority may enter into an agreement
5 with the operator of an authorised transfer
station in respect of the location, operation
and functions of the authorised transfer
station.
(3) Without limiting the generality of subsection
10 (2), an agreement under subsection (2) may
include provisions relating to--
(a) the receiving and processing of empty
beverage containers;
(b) the payment to the operator of the
15 authorised transfer station of the refund
value paid by the authorised transfer
station;
(c) the sale of processed materials;
(d) the payment of any penalty by the
20 operator of the authorised transfer
station for a failure to comply with the
agreement;
(e) the submission of a monthly report to
the Authority on the number and types
25 of empty beverage containers received
and processed.
(4) After the period of 12 months from the
commencement of the Environment
Protection Amendment (Beverage
30 Container Deposit and Recovery Scheme)
Act 2011, an agreement entered into under
subsection (2) may include, or may be
amended to include, provisions relating to
accepting and paying a refund on crushed
571PM1B.I-14/6/2011 9 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
and broken empty beverage containers using
an estimate of the refund value.
52K Offence to claim refund on beverage
container purchased outside Victoria
5 (1) A person must not present to an authorised
collection depot or authorised transfer station
for the purpose of claiming the amount of the
refund value a beverage container which the
person knows or has reason to believe was
10 not purchased in Victoria.
Penalty: 240 penalty units.
(2) Subject to subsection (3), the operator of an
authorised collection depot or authorised
transfer station may request any person
15 presenting a beverage container for the
purpose of claiming the amount of the refund
value to complete a declaration in the
prescribed form stating that the person has
no reason to believe that the beverage
20 container was not purchased in Victoria.
(3) Subject to subsection (6), if within any
period of 48 hours a person presents 3000 or
more beverage containers to an authorised
collection depot or authorised transfer station
25 for the purpose of claiming the amount of the
refund value, the operator of the authorised
collection depot or authorised transfer station
must request the person to complete the
declaration referred to in subsection (2).
30 Penalty: 100 penalty units.
(4) The operator of an authorised collection
depot or authorised transfer station must not
pay the amount of the refund value to a
person who has not complied with a request
35 made under subsection (2) or (3).
Penalty: 100 penalty units.
571PM1B.I-14/6/2011 10 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
(5) The operator of an authorised collection
depot or authorised transfer station must--
(a) keep any declaration made under this
section for a period of 3 years after it is
5 made; and
(b) have the declaration readily available
for inspection at any reasonable time by
an authorized officer.
Penalty: 300 penalty units.
10 (6) Subsection (3) does not apply in respect of
beverage containers returned to a reverse
vending machine.
52L Authorised collection depot or authorised
transfer station to pay refund
15 (1) A person who accepts the return of an
unbroken empty beverage container at an
authorised collection depot or authorised
transfer station must pay the person who
returns it the amount of the refund value.
20 (2) Subject to subsections (3) and (4), the
operator of an authorised collection depot
must not unreasonably refuse to accept any
unbroken empty beverage container labelled
in accordance with section 52G that is
25 returned to the authorised collection depot.
Penalty: 35 penalty units.
(3) The operator of an authorised collection
depot may refuse to accept the return of a
beverage container if--
30 (a) the beverage container is in an unsafe
condition; or
571PM1B.I-14/6/2011 11 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
(b) the operator has reason to believe that
the beverage container was not sold to a
wholesaler, retailer or individual in
Victoria; or
5 (c) a request to complete a declaration
under section 52K in respect of the
beverage container has not been
complied with.
(4) A reverse vending machine may be operated
10 so as to not accept the return of a beverage
container labelled in accordance with
section 52G which is returned in a condition
which prevents the reverse vending machine
from reading the label.
15 52M Review of refund value
(1) The Authority must review the amount of the
refund value at least once every 5 years after
the commencement of this Division.
(2) In conducting that review, the Authority
20 must have regard to the minimum refund
value necessary to maintain the appropriate
level of incentive--
(a) for producers, distributors and
consumers of beverages in beverage
25 containers to reuse or recycle beverage
containers;
(b) to ensure high rates of recovery of
beverage containers;
(c) to reduce litter and litter-related costs;
30 (d) to reduce waste, disposal and recycling
costs;
(e) to conserve resources.
571PM1B.I-14/6/2011 12 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 4
52N Exemption
(1) A person may apply to the Authority in the
form approved by the Authority for an
exemption wholly or partly from
5 section 52D.
(2) The Authority must within the prescribed
period grant an exemption under this section
if the Authority is satisfied that the criteria
and considerations prescribed for the
10 purposes of this section apply.
(3) The Authority must within the prescribed
period advise the applicant in writing--
(a) as to the decision of the Authority;
(b) if the Authority grants the exemption,
15 as to the terms and conditions applying
to the exemption;
(c) if the Authority refuses to grant the
exemption, of the reasons for refusing
to grant the exemption.
20 (4) If any of the criteria and considerations
prescribed for the purposes of this section
ceases to apply, the Authority--
(a) may by notice in writing to the holder
of the exemption revoke the exemption
25 granted under this section;
(b) must specify in the notice--
(i) the reason for revoking the
exemption; and
(ii) a reasonable period of time within
30 which the person must comply
with this Division.
571PM1B.I-14/6/2011 13 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 5
(5) If an exemption is revoked under subsection
(4), the person who held the exemption must
comply with this Division within the period
specified in the notice under subsection (4).
5 52O Division does not extend to existing
beverage containers
This Division does not apply to beverage
containers imported into Victoria or
produced in Victoria before the
10 commencement of the Environment
Protection Amendment (Beverage
Container Deposit and Recovery Scheme)
Act 2011.".
5 Amendment of section 70--Environment Protection
15 Fund
(1) After section 70(3)(aba) of the Environment
Protection Act 1970 insert--
"(abb) any money collected as beverage container
environmental levy under Division 6 of
20 Part IX; and".
(2) After section 70(6C) of the Environment
Protection Act 1970 insert--
"(6D) Money paid into the Environment Protection
Fund under subsection (3)(abb) is to be
25 applied by the Authority for the purposes of
Division 6 of Part IX.".
6 Amendment of section 71--Regulations
After section 71(1)(ja) of the Environment
Protection Act 1970 insert--
30 "(jb) prescribing a class of beverage not to be a
beverage for the purposes of the definition of
beverage;
571PM1B.I-14/6/2011 14 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
s. 7
(jc) prescribing a class of beverage container not
to be a beverage container for the purposes
of the definition of beverage container;
(jd) prescribing a higher amount for the purposes
5 of section 52E;
(je) prescribing labelling requirements in relation
to beverage containers for the purposes of
section 52H;
(jf) prescribing criteria and considerations for the
10 purposes of section 52N;".
7 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
15 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571PM1B.I-14/6/2011 15 BILL LC INTRODUCTION 14/6/2011
Environment Protection Amendment (Beverage Container Deposit and
Recovery Scheme) Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571PM1B.I-14/6/2011 16 BILL LC INTRODUCTION 14/6/2011
[Index] [Search] [Download] [Related Items] [Help]