CONTAINER DEPOSIT (ENVIRONMENTAL PROTECTION) BILL 2003

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This is a Bill, not an Act. For current law, see the Acts databases.

CONTAINER DEPOSIT (ENVIRONMENTAL PROTECTION) BILL 2003

Mrs Braham

A BILL
for
AN ACT

to establish a beverage container deposit scheme and for related purposes

NORTHERN TERRITORY OF AUSTRALIA

CONTAINER DEPOSIT (ENVIRONMENTAL PROTECTION) ACT 2003

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No. of 2003
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TABLE OF PROVISIONS

Section

PART 1 – PRELIMINARY

1. Short title
2. Commencement
3. Objectives
4. Definitions

PART 2 – ADMINISTRATION

Division 1 – Materials Co-ordinator

5. Materials Co-ordinator
6. Powers and functions of Materials Co-ordinator

Division 2 – Controlled and returnable containers

7. Controlled containers
8. Returnable containers
9. Refund amounts
10. Refund markings

Division 3 – Collection depot areas and recognised collection depots

11. Collection depot areas
12. Recognised collection depots

PART 3 – duties of manufacturers, distributors and retailers OF beverageS

13. Certain beverages may only be supplied in returnable containers
14. Refund marking to be attached to returnable containers
15. Signs may be required to be placed at retail premises
16. Manufacturers must ensure refund amount paid to person returning returnable container
17. Manufacturers must ensure certain returnable containers are recycled
18. Manufacturers and distributors must keep records

PART 4 – duties of operators of collection depots OR recycling premises

19. Operators of collection depots must accept delivery of returnable containers
20. Operators of collection depots must ensure refund amount paid to person returning returnable container
21. Operators of collection depots may be reimbursed for costs associated with collection
22. Operators of collection depots must ensure containers are recycled
23. Operators of collection depots may be reimbursed for costs related to delivering containers to recycling premises
24. Operators must keep records

Part 5 – Miscellaneous

25. Persons not to attempt to claim deposit on certain containers
26. Monitoring of Act
27. Regulations

NORTHERN TERRITORY OF AUSTRALIA
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No. of 2003
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AN ACT

to establish a beverage container deposit scheme and for related purposes

[Assented to 2003]
[Second reading 2003]

The Legislative Assembly of the Northern Territory enacts as follows:

PART 1 – PRELIMINARY

1. Short title
This Act may be cited as the Container Deposit (Environmental Protection) Act 2003.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. Objectives
The objectives of this Act are to minimise litter and environmental harm, caused through the disposal of used returnable containers, by –

(a) reducing the number of used returnable containers that are disposed of in rubbish dumps or used as landfill; and

(b) encouraging and facilitating the collection, recycling, re-processing and re-use of used returnable containers.

4. Definitions

In this Act, unless the contrary intention appears –

"beverage" means –

(a) brandy, gin, rum, whisky, wine, cider, perry, mead, ale, porter, beer, other spiritous, malt, vinous or fermented liquors, or cordials containing spirits;

(b) carbonated waters or carbonated soft drink; or

(c) a liquid, intended for human consumption by drinking, that is prescribed to be a beverage for the purposes of this paragraph;

"beverage container" means a container of any kind that –

(a) is made for the purpose of containing a beverage; and

(b) when filled with the beverage, is sealed for the purposes of storage, transport and handling before it is supplied for the consumption of its contents;

"collection depot" means premises (other than residential premises) –

(a) at which returnable containers are collected, sorted, cleaned, stored, processed or packed for delivery to, or collection by or on behalf of an operator of, recycling premises; and

(b) from which returnable containers are delivered to, or collected by or on behalf of an operator of, recycling premises;

"collection depot area" means an area declared under section 11;

"controlled container" has the meaning in section 7(2);

"Materials Co-ordinator" means the person appointed under section 5;

"operator", in relation to a collection depot or recycling premises, means the owner of the business of carrying out the functions of a collection depot or of recycling premises at the collection depot or recycling premises, as the case may be;

"recognised collection depot" means a collection depot that is declared under section 12(3) to be a recognised collection depot;

"recycling premises" means premises (other than residential premises) at which returnable containers are recycled, re-processed or made suitable for re-use;

"refund amount", for a returnable container, means the amount declared under section 9 for the type of container;

"retailer" means –

(a) a person whose business is or includes that of selling a beverage in a beverage container to a purchaser for the purchaser to consume; and

(b) the owner of a vending machine (or, if the owner has let out the machine on hire to another person, the other person) by which a beverage in a beverage container is sold to a purchaser for the purchaser to consume;

"returnable container" means a beverage container of a type approved under section 8(3)(a);

"sell" includes –

(a) offer or expose for sale; and

(b) keep or have in possession for sale;

"supply" means –

(a) give, distribute, sell, administer, transport or supply, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration;

(b) have or keep in possession for supply;

(d) doing or offering to do an act preparatory to, in furtherance of, or for the purpose of, an act referred to in paragraph (a),

and includes barter and exchange;

"used returnable container" means a returnable container that has been emptied of the beverage it contained.

PART 2 – ADMINISTRATION

Division 1 – Materials Co-ordinator

5. Materials Co-ordinator
The Minister may, by notice in the Gazette, appoint a person, nominated by the Local Government Association of the Northern Territory, to be the Materials Co-ordinator.

6. Powers and functions of Materials Co-ordinator

(1) The functions of the Materials Co-ordinator are –

(a) to prepare and provide educational material to the public about returnable containers and other beverage containers;

(b) to monitor the extent to which used returnable containers are being delivered to recognised collection depots or recycling premises;

(c) if he or she thinks it is necessary for the purposes of this Act – to make arrangements for the establishment and operation of recognised collection depots; and

(d) other functions specified in or under this Act or another Act.

(2) The Materials Co-ordinator has the powers necessary for the performance of his or her functions.

Division 2 – Controlled and returnable containers

7. Controlled containers
(1) The Materials Co-ordinator may, by notice in the Gazette, declare a type of beverage container for which approval under section 8 is required before a container of that type may be supplied in the Territory.

(2) A beverage container that is of a type specified in a notice under subsection (1) is referred to in this Act as a controlled container.

8. Returnable containers
(1) A manufacturer of a beverage may apply to the Materials

Co-ordinator for a type of controlled container that is to contain the beverage to be approved as a type of returnable container suitable for supply in the Territory.

(2) An application under subsection (1) is to be in the prescribed form and accompanied by the prescribed fee.

(3) The Materials Co-ordinator may, after receiving an application under subsection (1) –

(a) approve as a type of returnable container suitable for supply in the Territory a type of beverage container specified in the application that is to contain a beverage specified in the application; or

(b) refuse to approve as a returnable container suitable for supply in the Territory a type of beverage container specified in the application that is to contain a beverage specified in the application.

(4) The Materials Co-ordinator may only approve a type of beverage container under subsection (3)(a) if he or she is satisfied that the container is a type of container that is reasonably able to be recycled, re-processed, re-used or satisfactorily dealt with in a way that minimises its environmental impact after its contents have been emptied from it.

9. Refund amounts
The Minister may, by notice in the Gazette, declare a refund amount for returnable containers or a type of returnable container.

10. Refund markings
(1) A manufacturer of a beverage that is to be supplied in the Territory in a returnable container may apply to the Materials Co-ordinator for approval of a refund marking for the type of returnable container specified in the application.

(2) An application under subsection (1) is to be in the prescribed form and accompanied by the prescribed fee.

(3) The Materials Co-ordinator may approve or refuse to approve a refund marking specified in an application under subsection (1).

(4) In this section –

"refund marking", for a type of beverage container, means marking or labelling the container by any method (including embossment) with a statement of, and other marks or features relating to, the refund amount for the container.

Division 3 – Collection depot areas and recognised collection depots

11. Collection depot areas
The Materials Co-ordinator may, by notice in the Gazette, declare an area to be a collection depot area.

12. Recognised collection depots
(1) The operator of a collection depot may apply to the Materials

Co-ordinator for the collection depot to be declared to be a recognised collection depot.

(2) An application under subsection (1) is to be in the prescribed form and accompanied by the prescribed fee.

(3) The Materials Co-ordinator may, by notice in the Gazette, declare a collection depot, specified in an application under subsection (1), to be a recognised collection depot.

(4) The Materials Co-ordinator may, by notice in the Gazette, revoke a declaration under subsection (3) in respect of a collection depot –

(a) on the application of the operator of the collection depot; or

(b) if the operator of the collection depot is found guilty of an offence against this Act.

PART 3 – duties of manufacturers, distributors and retailers OF beverageS

13. Certain beverages may only be supplied in returnable containers
A manufacturer of a beverage, a distributor of a beverage or a retailer of a beverage must not supply the beverage in a controlled container to a person in the Territory, unless the container is a returnable container.

Penalty: 50 penalty units.

14. Refund marking to be attached to returnable containers
A manufacturer of a beverage, a distributor of a beverage or a retailer of a beverage must not supply the beverage in a controlled container or a returnable container to a person in the Territory unless –

(a) a refund marking has been approved for the container under section 10(3); and

(b) the refund marking is attached to the container.

Penalty: 50 penalty units.

15. Signs may be required to be placed at retail premises
(1) The Materials Co-ordinator may, by notice in writing, require a retailer of a beverage in a returnable container to ensure that there is placed at the premises where the retailer supplies the beverage a sign that states –

(a) the location in a recognised collection depot area of a recognised collection depot specified in the notice; and

(b) that a refund amount will be paid for the delivery of a clean, used returnable container to a recognised collection depot.

(2) A retailer who occupies premises in relation to which a notice has been issued under subsection (1) must comply with and not contravene the notice.

Penalty: 20 penalty units.

16. Manufacturers must ensure refund amount paid to person returning returnable container
(1) The manufacturer of a beverage, that was supplied in a returnable container that was then delivered by a person to a recognised collection depot as a used returnable container, must ensure that the refund amount for the returnable container is paid to the person.

Penalty: 500 penalty units.

(2) Subsection (1) does not apply in relation to a returnable container –

(a) that is delivered in an unclean condition; or

(b) if the refund amount has already been paid in accordance with this Act to a person who delivered the container to a recognised collection depot.

17. Manufacturers must ensure certain returnable containers are recycled
(1) The manufacturer of a beverage, that was supplied in a returnable container that was then delivered to a recognised collection depot as a used returnable container, must ensure that one of the following occurs within

6 months after the container is delivered to the collection depot:

(a) the container is delivered to recycling premises;

(b) the collection depot agrees to deliver the container to recycling premises;

Penalty: 500 penalty units.

(2) The operator of a recognised collection depot must permit a manufacturer of a beverage, that was supplied in a returnable container that was then delivered to a recognised collection depot as a used returnable container, to collect the container for the purposes of subsection (1)(c).

Penalty: 50 penalty units.

(3) Despite subsection (2), the operator of a recognised collection depot may refuse to permit a manufacturer to collect a returnable container until the manufacturer has paid in relation to the container the amounts, if any, payable by the manufacturer to the operator under section 21(2).

(4) An operator of a collection depot is not entitled to charge a manufacturer for permitting the manufacturer to collect a returnable container from the collection depot an amount other than the amounts, if any, payable by the manufacturer to the operator under section 21(2).

18. Manufacturers and distributors must keep records
(1) A manufacturer of a beverage or a distributor of a beverage must, if he or she supplies the beverage in a returnable container to a person in the Territory, keep –

(a) records, in the prescribed form and for the prescribed period, of the number of returnable containers supplied to a person in the Territory by the manufacturer or distributor; and

(b) other prescribed records.

Penalty: 50 penalty units.

(2) The Materials Co-ordinator may, by notice in writing to a manufacturer or distributor, require the manufacturer or distributor to provide to the Materials Co-ordinator, by the date specified in the notice, the records required to be kept under subsection (1) by the manufacturer or distributor, as the case may be, that are specified in the notice.

(3) A manufacturer or distributor to whom a notice is given under subsection (2) must comply with and not contravene the notice.

Penalty: 50 penalty units.

PART 4 – duties of operators of collection depots OR recycling premises

19. Operators of collection depot must accept delivery of returnable containers
(1) The operator of a recognised collection depot must not refuse to accept delivery of a used returnable container delivered to the collection depot by a person.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply in relation to a returnable container that is delivered in an unclean condition.

20. Operators of collection depots must ensure refund amount paid to person returning returnable container
(1) The operator of a recognised collection depot must ensure that the refund amount for a returnable container is paid to the person who delivers the container to the collection depot as a used returnable container.

Penalty: 500 penalty units.

(2) Subsection (1) does not apply in relation to a returnable container –

(a) that is delivered in an unclean condition; or

(b) if the refund amount has already been paid in accordance with this Act to a person who delivered the container to a recognised collection depot.

21. Operators of collection depots may be reimbursed for costs associated with collection
(1) The operator of a collection depot may, but is not required to, charge the manufacturer of a beverage that was supplied in a returnable container that was then delivered by a person to a recognised collection depot as a used returnable container –

(a) the refund amount paid by the operator to the person for the returnable container under section 20; and

(b) the reasonable costs incurred by the operator relating to –

(i) sorting, cleaning, storing, packing and processing the returnable container; and

(ii) notifying the manufacturer under section 23(1),

for the purposes of ensuring that the returnable container may be recycled, re-processed or re-used.

(2) A manufacturer of a beverage must pay to the operator of a collection depot, within 60 days after the operator charges the manufacturer for the amount under subsection (1), an amount for which the manufacturer may be charged under subsection (1)(a) or (b).

Penalty: 500 penalty units.

(3) If a manufacturer does not pay an amount he or she is required to pay under subsection (2) –

(a) a court that finds the manufacturer guilty of an offence against subsection (2) of not paying the amount may order the manufacturer to pay the amount; or

(b) the operator of a recognised collection depot to whom the amount is owed may recover the amount as a debt due and payable to the operator.

22. Operators of collection depots must ensure containers are recycled
An operator of a recognised collection depot to which a used returnable container is delivered must, unless the container is collected in accordance with section 17(1)(c), take all reasonable steps to ensure that the container is delivered to recycling premises within 2 years after the delivery of the container.

Penalty: 50 penalty units.

23. Operators of collection depots may be reimbursed for costs related to delivering containers to recycling premises
(1) An operator of a collection depot may notify in writing a manufacturer of a beverage supplied in a returnable container that was delivered to a recognised collection depot as a used returnable container that, unless section 17(1) is complied with by the manufacturer within 30 days after the notice is received, the operator will deliver the container to recycling premises.

(2) If a manufacturer has not complied with section 17(1) in relation to a container before 30 days after notice to the manufacturer is given under subsection (1) by an operator, the operator may (whether or not the manufacturer is found guilty of an offence against section 17(1) in relation to the container) –

(a) deliver the container to recycling premises; and

(b) by notice to the manufacturer, charge the manufacturer the costs related to delivering the container to recycling premises (including the cost of notifying the manufacturer under subsection (1) if the cost has not already been paid by the manufacturer).

(3) A manufacturer of a beverage must pay to the operator of a collection depot, within 60 days after a notice is given by the operator under subsection (2) in relation to the amount, an amount for which the manufacturer may be charged under subsection (2)(b).

Penalty: 500 penalty units.

(4) If a manufacturer does not pay an amount he or she is required to pay under subsection (3) –

(a) a court that finds the manufacturer guilty of an offence against subsection (3) of not paying the amount may order the manufacturer to pay the amount; or

(b) the operator of a recognised collection depot to whom the amount is owed may recover the amount as a debt due and payable to the operator.

24. Operators must keep records
(1) The operator of a recognised collection depot must keep –

(a) records, in the prescribed form and for the prescribed period, of –

(i) the number of returnable containers delivered to the collection depot; and

(ii) the number of returnable containers delivered to, or collected from the collection depot by or on behalf of an operator of, recycling premises; and

(b) other prescribed records.

Penalty: 50 penalty units.

(2) The operator of recycling premises must keep –

(a) records, in the prescribed form and for the prescribed period, of the number of returnable containers delivered to the recycling premises; and

(b) other prescribed records.

Penalty: 50 penalty units.

(3) The Materials Co-ordinator may, by notice in writing to the operator of a recognised collection depot or recycling premises, require the operator to provide to the Materials Co-ordinator, by the date specified in the notice, the records required to be kept by the operator under subsection (1) or (2), as the case may be, that are specified in the notice.

(4) An operator of a recognised collection depot or recycling premises to whom a notice is given under subsection (3) must comply with and not contravene the notice.

Penalty: 50 penalty units.

Part 5 – Miscellaneous

25. Persons not to attempt to claim deposit on certain containers
A person must not attempt to claim an amount for the delivery to a collection depot by a person of a beverage container that is not required under this Act or an Act of a State or another Territory of the Commonwealth to have placed on it a label or other marking specifying that an amount is payable on the return of the container.

Penalty: 20 penalty units.

26. Monitoring of Act
(1) The Minister may, by notice in the Gazette –

(a) establish targets for the delivery of returnable containers to retailers; and

(b) establish targets for the recycling, re-processing and re-use of returnable containers.

(2) The Minister must monitor the extent to which targets established under subsection (1) are being reached.

(3) The Minister must publish an annual report as to matters to which this Act relates and the effectiveness of this Act in minimising the litter and environmental harm caused by the disposal of beverage containers, including returnable containers.

27. Regulations
The Administrator may make regulations, not inconsistent with this Act, prescribing matters –

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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