Queensland Consolidated Regulations

WASTE REDUCTION AND RECYCLING REGULATION 2023 - REG 78

78 Obligation to prepare action plans

(1) The brand owner must—

(a) prepare a plan under this section (an
"action plan" ) for—

(i) a financial year during which the brand owner is given a notice under section 74 ; and

(ii) each later financial year; and

(b) give the chief executive the action plan—

(i) if the plan is prepared for a financial year during which the brand owner is given a notice under section 74 —within 30 days after the brand owner is given the notice; or

(ii) if the plan is prepared for another financial year—at least 30 days before the start of the financial year.

Note—

Section 91 prescribes this subsection for section 245 of the Act , definition
"prescribed provision" , paragraph (c) .

(2) The action plan must, to the greatest extent possible, contain all of the following information—

(a) how the brand owner will ensure the systematic recovery of the brand owner’s consumer packaging material, or packaging that is substantially the same as the brand owner’s consumer packaging material;

(b) the quantity of—

(i) each type of consumer packaging material sold; and

(ii) consumer packaging material that is proposed to be recovered;

(c) how the brand owner intends to ensure the quantity proposed under paragraph (b) (ii) to be recovered will be recovered;

(d) either—

(i) that all consumer packaging material to be recovered by or for the brand owner will be recovered in the preferred order; or

(ii) that the brand owner believes it will be impracticable to recover the consumer packaging material in the preferred order;

(e) if paragraph (d) (ii) applies—

(i) the reasons for the brand owner’s belief that recovery of the consumer packaging material in the preferred order is impracticable; and

(ii) the order in which the consumer packaging material will be recovered;

(f) how the brand owner intends to inform the public of the way the consumer packaging material is to be recovered.

(3) The quantity of consumer packaging material for subsection (2) (b) (ii) must not be less than the quantity worked out by applying the relevant recovery rate for the brand owner for the financial year to the quantity of consumer packaging material mentioned in subsection (2) (b) (i) .

(4) For this section—

(a) the
"preferred order" for the recovery of consumer packaging material is the following order—

(i) for use in the brand owner’s consumer packaging material;

(ii) for use within Queensland as a secondary resource;

(iii) for use elsewhere within Australia as a secondary resource;

(iv) for export to another country as a secondary resource; and

(b) the
"relevant recovery rate" for the brand owner year is—

(i) for a financial year during which the brand owner is given a notice under section 74 —a recovery rate that is consistent with the brand owner’s compliance with section 76 (2) ; or

(ii) for any other financial year—a recovery rate of 70%.