Western Australian Repealed Regulations

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This legislation has been repealed.


2 .         Interpretation

        (1)         In these regulations —

        "Agreement" has the same meaning as it has in section 6(1) of the National Environment Protection Council (Western Australia) Act 1996 ;

        "brand owner" means a person who —

            (a)         for a product other than an imported product — owns, or is the licensee of, a trade mark under which the product is sold whether or not the trade mark is registered;

            (b)         for an imported product — imports the product; or

            (c)         for in-store packaging — supplies the packaging for use as primary packaging;

        "consumer packaging" means packages made of any material, or combination of materials, for the containment, protection, marketing, or handling of retail consumer products;

        "Covenant" means the agreement of 2 July 1999 called The National Packaging Covenant and referred to in the NEPM-UPM;

        "industry" means any manufacturing, industrial, commercial, wholesale, or retail activity or process that can result in the generation, recycling, treatment, transport, storage, or disposal of waste;

        "in-store packaging" means packaging, of any material, supplied to a consumer at the point of sale of a product for the containment, protection, handling, or carriage of the product;

                Examples of “in-store packaging” —

1.         Plastic or paper carry bags.

2.         Take-away food containers.

        "kerbside recycling collection service" means a domestic waste collection service by which domestic solid waste is collected from the roadside for recycling;

        "NEPM-UPM" means the NEPM cited as the National Environmental Protection (Used Packaging Materials) Measure ;

        "owner’s packaging" means consumer packaging in which a brand owner’s products are sold;

        "recovery rate" means the rate at which the brand owner’s consumer packaging material is recovered using the equation —

                where —

                “ R ” means the recovery rate;

                “ WR ” means the weight of the brand owner’s consumer packaging material recovered;

                “ WS ” means the weight of the brand owner’s consumer packaging material sold in Australia;

        "recyclable", in relation to packaging for a product, means reasonably able to be recovered in Australia through a collection or drop-off system, and able to be reprocessed and used as a raw material for the manufacture of another product;

        "recycled", for a product, means the product is recovered and used as a raw material to produce another product;

        "Signatory" means —

            (a)         a signatory to the Covenant; or

            (b)         a person who accedes to the Covenant after the Covenant is made.

        (2)         In these regulations, unless the contrary intention appears, words and expressions have the same meanings as in clause 3 of the NEPM-UPM.

        (3)         Examples and notes in these regulations are provided to assist understanding and do not form part of these regulations.

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