Queensland Subordinate Legislation as Made

WASTE REDUCTION AND RECYCLING REGULATION 2023

- Made under the Environmental Protection Act 1994
- As at 25 August 2023
- Reg 127 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - REGULATED WASTE

   4.      Regulated waste—Act, sch 1

   PART 3 - DESIGNATION OF AREAS BY LOCAL GOVERNMENTS FOR GENERAL OR GREEN WASTE COLLECTION

   5.      Designation of areas

   PART 4 - WASTE LEVY

           Division 1 - Identifying exempt waste

   6.      Types of exempt waste for definition waste disposal site—Act, s 8A
   7.      Guideline for treatment of particular dredge spoil—Act, s 26, definition exempt waste
   8.      Exempt waste—Act, s 26

           Division 2 - Refusing exempt waste applications

   9.      Purpose of division
   10.     Earth contaminated with hazardous contaminant
   11.     Waste to be used at levyable waste disposal site

           Division 3 - Operation of waste levy

   12.     Definitions for division
   13.     Meaning of level 1 rate
   14.     Meaning of level 2 rate
   15.     Rate of waste levy for waste levy zone—Act, s 37
   16.     Rate of waste levy for non-levy zone—Act, s 37
   17.     Requirements for calculating amount of waste levy—Act, s 37
   18.     Local government areas making up waste levy zone—Act, s 43

           Division 4 - Discounting waste levy for residue waste

   19.     Definitions for division
   20.     Recycling activities for residue waste discounting applications—Act, s 44
   21.     Discounted rate for waste levy for residue waste—Act, s 44
   22.     Criteria for deciding residue waste discounting applications—Act, s 46
   23.     Circumstances for refusing residue waste discounting applications—Act, s 46
   24.     Conditions to which approvals of residue waste discounting applications are subject—Act, s 47

           Division 5 - Other provisions

   25.     Weight measurement criteria for measuring waste or other material other than by weighbridge—Act, s 26
   26.     Annual payments to local governments—Act, s 73DA
   27.     Day for reviewing particular matters in relation to waste levy—Act, s 271

   PART 5 - BANNED PLASTIC SHOPPING BAGS

   28.     Banned plastic shopping bags—Act, s 99B

   PART 6 - PLASTIC ITEMS

   29.     Banned single-use plastic items—Act, s 99GC

   PART 7 - BEVERAGE CONTAINER REFUND SCHEME

           Division 1 - Prescribed matters for definitions

   30.     Refund amount—Act, s 99K
   31.     Requirements for refund marking—Act, s 99K
   32.     Excluded liquids—Act, s 99L
   33.     Excluded containers—Act, s 99M

           Division 2 - Sale of beverages in containers

   34.     Other matters for container recovery agreements—Act, s 99Q
   35.     Standard terms for container recovery agreements—Act, s 99Q
   36.     Small beverage manufacturer—Act, s 99R

           Division 3 - Refund amounts for empty containers

   37.     Bulk quantity for refund declaration—Act, s 99T

           Division 4 - Container collection agreements

   38.     Other matters for container collection agreements—Act, s 99ZA
   39.     Standard terms for particular container collection agreements—Act, s 99ZA

           Division 5 - Material recovery facilities

   40.     Excluded facilities and places—Act, s 99ZE
   41.     Other matters for material recovery agreements—Act, s 99ZF
   42.     Standard terms for material recovery agreements—Act, s 99ZF
   43.     Review of recovery amount protocol—Act, s 99ZK

   PART 8 - OUTCOMES FOR PRODUCT RESPONSIBILITY ORGANISATION

   44.     Purpose of part—Act, s 102ZF
   45.     Container recovery rates
   46.     Container refund points

   PART 9 - STRATEGIC PLANNING FOR WASTE REDUCTION AND RECYCLING

   47.     Compliance with waste reduction and recycling plan obligations—Act, ss 123, 133 and 141

   PART 10 - REPORTING ON WASTE RECOVERY AND DISPOSAL

   48.     Waste threshold for reporting entities—Act, s 150

   PART 11 - MANAGEMENT OF POLYCHLORINATED BIPHENYLS (PCBS)

           Division 1 - Preliminary

   49.     Definitions for part
   50.     When material or equipment is PCB-free

           Division 2 - Treatment of PCB material

   51.     Treatment of PCB material only at licensed treatment facilities

           Division 3 - Disposal of PCB waste

   52.     Waste that is scheduled PCB material to be sent for treatment
   53.     Prohibition on disposing of particular PCB waste to landfill

           Division 4 - Duties of occupier of premises with scheduled PCB material

   54.     Application of division
   55.     Notice to chief executive
   56.     Emergency plans

           Division 5 - Equipment containing PCB material

   57.     Use of equipment containing scheduled PCB material
   58.     Use of equipment containing concentrated PCB material
   59.     Exemption permitting use of equipment containing concentrated PCB material
   60.     Dealing with equipment that is no longer used

   PART 12 - MANAGEMENT OF CLINICAL WASTE AND RELATED WASTE

   61.     Segregation of clinical waste and related waste
   62.     Design requirements for containers for clinical waste and related waste
   63.     Restriction on giving clinical waste or related waste to another person for transport, storage, treatment or disposal
   64.     Disposal of needles and other sharps
   65.     Storage area for clinical waste and related waste
   66.     Environmental nuisance not to be created
   67.     Treatment and disposal of clinical waste and related waste

   PART 13 - USED PACKAGING MATERIALS

           Division 1 - Preliminary

   68.     Purpose of part
   69.     Definitions for part
   70.     Meaning of complying brand owner
   71.     Meaning of consumer packaging material
   72.     Meaning of recovery rate
   73.     Interpretation of words and expressions defined in the measure

           Division 2 - Obligations of particular brand owners

              Subdivision 1 - Notifying particular brand owners of obligations under sdiv 2

   74.     Chief executive may give notice about brand owner’s obligations

              Subdivision 2 - Obligations of particular brand owners

   75.     Application of subdivision
   76.     Obligation in relation to recovery rate—financial year during which notice about obligations is given
   77.     Obligation in relation to recovery rate—other financial years
   78.     Obligation to prepare action plans
   79.     Obligation to give information about steps to achieve recovery rate for current financial year
   80.     Obligations in relation to particular information about consumer packaging material
   81.     Requests for exemption on ground of commercial confidentiality
   82.     Deciding requests for exemption

           Division 3 - Kerbside and other recycling collectors to give information to chief executive

   83.     Local government recycling providers to give information to chief executive
   84.     Chief executive may require other kerbside recycling collectors to give particular information

           Division 4 - Chief executive reporting requirements

   85.     Chief executive to give APCO particular information

           Division 5 - Other provisions

   86.     Chief executive may conduct particular surveys
   87.     Review of part
   88.     Compliance with part not required if measure or covenant not in force

   PART 14 - MISCELLANEOUS

   89.     Disposal ban waste—Act, s 100
   90.     Appointment of persons as authorised persons—Act, s 183
   91.     Prescribed provisions for show cause notices and compliance notices—Act, s 245
   92.     Corresponding laws—Act, sch 1
   93.     Fees
   94.     Rounding of amounts expressed as numbers of fee units

   PART 15 - REPEAL

   95.     Repeal

   PART 16 - TRANSITIONAL PROVISIONS

           Division 1 - Preliminary

   96.     Definition for part

           Division 2 - Relevant beverage containers

   97.     Definition for division
   98.     Refund amount for relevant beverage containers for period from commencement to 31 October 2023—Act, s 99K
   99.     Transition period for displaying refund marking on relevant beverage containers—Act, s 308

           Division 3 - Polychlorinated biphenyls (PCBs)

   100.    Existing notices about scheduled PCB material at premises
   101.    Notices required about scheduled PCB material at premises
   102.    Notices required about change to prescribed information about scheduled PCB material at premises
   103.    Existing emergency plans
   104.    Emergency plans required to be prepared
   105.    Existing exemptions and undecided applications for exemptions—use of equipment containing concentrated PCB material

           Division 4 - Used packaging materials

   106.    Application of pt 13, div 2, sdiv 2
   107.    Obligation in relation to recovery rate—financial year during which notice about obligations is given
   108.    Obligation in relation to recovery rate—other financial years
   109.    Existing obligation to create action plan
   110.    Obligation to prepare action plan for later financial years
   111.    Existing notice to give information about steps to achieve recovery rate for 2023–2024 financial year
   112.    Giving of notice to require information about steps to achieve recovery rate for 2023–2024 financial year
   113.    Obligations in relation to information about consumer packaging material
   114.    Existing exemptions and undecided applications for exemptions—commercial confidentiality
   115.    Existing notices given to particular kerbside recycling collectors
   116.    Chief executive’s reporting requirements for 2022–2023 and 2023–2024 financial years

           Division 5 - Miscellaneous

   117.    Prescribed provisions for show cause notices and compliance notices
   118.    References to repealed regulation

   PART 17 - OTHER AMENDMENTS

   119.    Legislation amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           SCHEDULE 13
           SCHEDULE 14