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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Container Deposit and Recovery Scheme
Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Beverage Container Deposit
and Recovery Scheme
4. Beverage Container Deposit and Recovery Scheme 4
5. Functions of the Authority 4
6. Producer or importer of beverage containers liable
to pay beverage container environmental levy 5
7. Amount of beverage container environmental levy 6
8. When beverage container environmental levy must
be paid 6
9. Beverage Container Environmental Levy Account 6
10. Beverage containers must be labelled as refundable 7
11. Prescribed labelling requirements 7
12. Authorised collection depots 7
13. Authorised transfer stations 9
14. Offence to claim refund on beverage container
purchased outside Western Australia or a
recognised jurisdiction 9
15. Authorised collection depot or authorised transfer
station to pay refund 11
16. Exemption from section 6 11
17. Records and enforcement 12
18. Review of refund amount 13
234--1 page i
Container Deposit and Recovery Scheme Bill 2011
Contents
Part 3 -- General provisions
19. Relationship with aspects of the Waste Avoidance
and Resource Recovery Act 2007 14
20. Protection from liability for wrongdoing 14
21. Regulations 14
22. Transitional provision -- Act does not extend to
existing beverage containers 15
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Eric Ripper, MLA)
Container Deposit and Recovery Scheme
Bill 2011
A Bill for
An Act to establish a beverage container deposit and recovery
scheme to be administered by the Waste Authority, to impose a levy
as part of that scheme, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Container Deposit and Recovery Scheme Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Container Deposit and Recovery Scheme Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent (assent day);
8 (b) the rest of the Act -- on the last day of the period of
9 12 months after assent day.
10 3. Terms used
11 authorised collection depot means premises authorised by the
12 Authority under section 12 to be an authorised collection depot;
13 authorised transfer station means premises authorised by the
14 Authority under section 13 to be an authorised transfer station;
15 Authority means the Waste Authority established by the Waste
16 Avoidance and Resource Recovery Act 2007 section 8;
17 BCEL Account means the Beverage Container Environmental
18 Levy Account established under section 9;
19 beverage means --
20 (a) any carbonated or non-carbonated soft drink, fruit juice
21 or water; or
22 (b) liquor (as defined in the Liquor Control Act 1988
23 section 3(1)) that is a liquid at 20o Celsius; or
24 (c) milk, including animal milk, soy milk or processed milk;
25 or
26 (d) any other liquid intended for human consumption by
27 drinking that is prescribed to be a beverage,
28 but does not include a beverage of a class that is prescribed not
29 to be a beverage;
page 2
Container Deposit and Recovery Scheme Bill 2011
Preliminary Part 1
s. 3
1 beverage container means a container, containing a beverage,
2 that is produced for the sale of the beverage in a sealed form to
3 the consumer, that has a capacity not exceeding 3 litres and that
4 is --
5 (a) a plastic or glass bottle; or
6 (b) an aluminium or steel can; or
7 (c) a liquid paperboard or composite carton; or
8 (d) a composite container,
9 but does not include a beverage container of a class that is
10 prescribed not to be a beverage container;
11 beverage container environmental levy means the levy imposed
12 by this Act;
13 import means to bring, or cause to be brought, into Western
14 Australia;
15 label includes emboss, paint or stamp;
16 recognised jurisdiction means a State or Territory that --
17 (a) has a beverage container deposit and recovery scheme
18 that is similar to the Scheme under this Act; and
19 (b) is prescribed for the purposes of this definition;
20 refund amount means 10 cents, or any higher amount
21 prescribed following a review conducted in accordance with
22 section 18;
23 Scheme means the Beverage Container Deposit and Recovery
24 Scheme established under section 4.
page 3
Container Deposit and Recovery Scheme Bill 2011
Part 2 Beverage Container Deposit and Recovery Scheme
s. 4
1 Part 2 -- Beverage Container Deposit and
2 Recovery Scheme
3 4. Beverage Container Deposit and Recovery Scheme
4 It is a function of the Authority to establish and administer a
5 scheme called the Beverage Container Deposit and Recovery
6 Scheme.
7 5. Functions of the Authority
8 (1) The functions of the Authority in administering the Scheme
9 are to --
10 (a) manage the operation of the Scheme having regard to
11 the provision of environmentally sustainable uses of
12 resources and best practice in waste management; and
13 (b) collect the beverage container environmental levy; and
14 (c) grant exemptions under section 16; and
15 (d) authorise premises to be an authorised collection depot;
16 and
17 (e) authorise premises to be an authorised transfer station;
18 and
19 (f) enter into agreements with the operators of authorised
20 collection depots and authorised transfer stations; and
21 (g) facilitate and promote the Scheme; and
22 (h) provide grants or other financial incentives to encourage
23 the use of recyclable and reusable beverage containers
24 and the increased use of recycled material from
25 beverage containers; and
26 (i) provide information and advice to the Minister in
27 relation to the operation of the Scheme.
page 4
Container Deposit and Recovery Scheme Bill 2011
Beverage Container Deposit and Recovery Scheme Part 2
s. 6
1 (2) Without limiting the generality of subsection (1), the Authority
2 may use any available funds for any of the following
3 purposes --
4 (a) market creation and support for collected beverage
5 containers and materials;
6 (b) financial support for kerbside recycling services (that is,
7 services involving the collection by or on behalf of local
8 governments of beverage containers that have been
9 separated for recycling by occupants of residences or
10 businesses);
11 (c) further offsetting the costs of the collection industry
12 from the operation of the Scheme;
13 (d) product development to improve the recyclability and
14 reusability of beverage containers;
15 (e) assistance with supporting recycling of beverage
16 containers in regional and remote communities;
17 (f) other activities and programmes connected with
18 recycling of beverage containers which the Authority
19 considers will facilitate environmentally sustainable use
20 of resources and promote best practice in waste
21 management.
22 6. Producer or importer of beverage containers liable to pay
23 beverage container environmental levy
24 (1) A person who produces a beverage container in Western
25 Australia, or who imports a beverage container into Western
26 Australia, for the purpose of sale within Western Australia is
27 liable to pay a levy (the beverage container environmental
28 levy) for each such beverage container.
29 (2) Subsection (1) does not apply to a person to the extent to which
30 the person is exempt from the subsection under section 16.
page 5
Container Deposit and Recovery Scheme Bill 2011
Part 2 Beverage Container Deposit and Recovery Scheme
s. 7
1 7. Amount of beverage container environmental levy
2 The beverage container environmental levy is (for each
3 beverage container) --
4 (a) 10 cents; or
5 (b) if the regulations prescribe a higher amount for the
6 purposes of this section, that amount.
7 8. When beverage container environmental levy must be paid
8 A person who is liable to pay a beverage container
9 environmental levy must pay the levy to the Authority within
10 14 days after the end of the month in which the beverage
11 container was sold by that person in Western Australia.
12 Penalty: a fine of $50 000, and a daily penalty of $5 000 for
13 each day during which the offence continues.
14 9. Beverage Container Environmental Levy Account
15 (1) There is to be established and kept as an agency special purpose
16 account established under the Financial Management Act 2006
17 section 16 an account to be called the "Beverage Container
18 Environmental Levy Account".
19 (2) The BCEL Account is to be administered by the Authority.
20 (3) The BCEL Account is to be credited with --
21 (a) any beverage container environmental levy paid; and
22 (b) income derived from the investment of money forming
23 part of the BCEL Account; and
24 (c) any other money lawfully payable to the credit of the
25 BCEL Account.
26 (4) Money held in the BCEL Account may be applied by the
27 Authority --
28 (a) for the purposes of section 5(2); and
page 6
Container Deposit and Recovery Scheme Bill 2011
Beverage Container Deposit and Recovery Scheme Part 2
s. 10
1 (b) in payment of the costs of administering the BCEL
2 Account (including the costs of collecting the beverage
3 container environmental levy).
4 (5) The provisions of the Financial Management Act 2006 and the
5 Auditor General Act 2006 regulating the financial
6 administration, audit and reporting of departments apply to and
7 in relation to the BCEL Account.
8 (6) The administration of the BCEL Account is for the purposes of
9 the Financial Management Act 2006 section 52 to be regarded
10 as a service of the department of the Public Service principally
11 assisting in the administration of this Act.
12 10. Beverage containers must be labelled as refundable
13 (1) A person must not sell a beverage container unless the container
14 is labelled to the following effect: [X] refund at collection
15 depots when sold in Western Australia.
16 Penalty: a fine of $15 000.
17 (2) In subsection (1) --
18 X means 10 cents or a higher amount prescribed under
19 section 7.
20 11. Prescribed labelling requirements
21 If any labelling requirements are prescribed in relation to
22 beverage containers, a person must not sell a beverage container
23 unless the container is labelled in accordance with the relevant
24 prescribed labelling requirements.
25 Penalty: a fine of $15 000.
26 12. Authorised collection depots
27 (1) The Authority may authorise premises to be an authorised
28 collection depot, and may amend or revoke such an
29 authorisation.
page 7
Container Deposit and Recovery Scheme Bill 2011
Part 2 Beverage Container Deposit and Recovery Scheme
s. 12
1 (2) The Authority may enter into an agreement with the operator of
2 an authorised collection depot in respect of the location,
3 operation and functions of the authorised collection depot.
4 (3) Without limiting the generality of subsection (2), an agreement
5 may include provisions relating to the following --
6 (a) the delivery of sorted empty beverage containers to an
7 authorised transfer station;
8 (b) the payment to the operator of the authorised collection
9 depot of an amount equal to the refund amounts paid by
10 the operator in a period;
11 (c) the keeping of records and the inspection of them;
12 (d) the payment of any penalty by the operator of the
13 authorised collection depot for a failure to comply with
14 the agreement.
15 (4) Without limiting the types of collection depots that may be
16 authorised --
17 (a) collection depots may involve manual or mechanised
18 handling facilities, including reverse vending machines;
19 and
20 (b) any of the following may be authorised as collection
21 depots --
22 (i) local government sites;
23 (ii) community centres and community-based
24 facilities;
25 (iii) shopping centres and centre car parks;
26 (iv) service stations or other retailers;
27 (v) schools;
28 (vi) "drive through" recycling centres;
29 (vii) authorised transfer stations.
page 8
Container Deposit and Recovery Scheme Bill 2011
Beverage Container Deposit and Recovery Scheme Part 2
s. 13
1 13. Authorised transfer stations
2 (1) The Authority may authorise premises to be an authorised
3 transfer station, and may amend or revoke such an authorisation.
4 (2) The Authority may enter into an agreement with the operator of
5 an authorised transfer station in respect of the location,
6 operation and functions of the authorised transfer station.
7 (3) Without limiting the generality of subsection (2), an agreement
8 may include provisions relating to the following --
9 (a) the receiving and processing of empty beverage
10 containers;
11 (b) the payment to the operator of the authorised transfer
12 station of an amount equal to the refund amounts paid
13 by the operator in a period;
14 (c) the sale of processed materials;
15 (d) the keeping of records and the inspection of them;
16 (e) the submission of a monthly report to the Authority on
17 the number and types of empty beverage containers
18 received and processed;
19 (f) the payment of any penalty by the operator of the
20 authorised transfer station for a failure to comply with
21 the agreement.
22 (4) After the period of 12 months from the commencement of this
23 Act, an agreement may include, or may be amended to include,
24 provisions relating to accepting and paying a refund on crushed
25 and broken empty beverage containers using an estimate of the
26 refund amount due.
27 14. Offence to claim refund on beverage container purchased
28 outside Western Australia or a recognised jurisdiction
29 (1) A person must not present to an authorised collection depot or
30 authorised transfer station for the purpose of claiming the refund
31 amount a beverage container which the person knows or has
page 9
Container Deposit and Recovery Scheme Bill 2011
Part 2 Beverage Container Deposit and Recovery Scheme
s. 14
1 reason to believe was not purchased in Western Australia or a
2 recognised jurisdiction.
3 Penalty: a fine of $30 000.
4 (2) Subject to subsection (3), the operator of an authorised
5 collection depot or authorised transfer station may request any
6 person presenting a beverage container for the purpose of
7 claiming the refund amount to complete a declaration in the
8 prescribed form stating that the person has no reason to believe
9 that the beverage container was not purchased in Western
10 Australia or a recognised jurisdiction.
11 (3) Subject to subsection (6), if within any period of 48 hours a
12 person presents 3000 or more beverage containers to an
13 authorised collection depot or authorised transfer station for the
14 purpose of claiming the refund amount, the operator of the
15 authorised collection depot or authorised transfer station must
16 request the person to complete the declaration referred to in
17 subsection (2).
18 Penalty: a fine of $15 000.
19 (4) The operator of an authorised collection depot or authorised
20 transfer station must not pay the refund amount to a person who
21 has not complied with a request made under subsection (2)
22 or (3).
23 Penalty: a fine of $15 000.
24 (5) The operator of an authorised collection depot or authorised
25 transfer station must --
26 (a) keep any declaration made under this section for a
27 period of 3 years after it is made; and
28 (b) have the declaration readily available for inspection at
29 any reasonable time by an authorised officer.
30 Penalty: a fine of $50 000.
31 (6) Subsection (3) does not apply in respect of beverage containers
32 returned to a reverse vending machine.
page 10
Container Deposit and Recovery Scheme Bill 2011
Beverage Container Deposit and Recovery Scheme Part 2
s. 15
1 15. Authorised collection depot or authorised transfer station to
2 pay refund
3 (1) A person who accepts the return of an unbroken empty beverage
4 container at an authorised collection depot or authorised transfer
5 station must pay the person who returns it the refund amount.
6 (2) Subject to subsections (3) and (5), the operator of an authorised
7 collection depot must not unreasonably refuse to accept any
8 unbroken empty beverage container labelled in accordance with
9 section 10 that is returned to the authorised collection depot.
10 Penalty: a fine of $5 000.
11 (3) The operator of an authorised collection depot may refuse to
12 accept the return of a beverage container if --
13 (a) the beverage container is in an unsafe condition; or
14 (b) the operator has reason to believe that the beverage
15 container was not sold in Western Australia or a
16 recognised jurisdiction; or
17 (c) a request to complete a declaration under section 14 in
18 respect of the beverage container has not been complied
19 with.
20 (4) The capacity of an operator of an authorised collection depot to
21 refuse to accept the return of a beverage container that is in an
22 unsafe condition is subject to an agreement under section 13(4).
23 (5) A reverse vending machine may be operated so as to not accept
24 the return of a beverage container in a condition which prevents
25 the reverse vending machine from reading the label referred to
26 in section 10.
27 16. Exemption from section 6
28 (1) A person may apply to the Authority, in the form approved by
29 the Authority, to be wholly or partly exempt from section 6(1).
30 (2) The Authority must within the prescribed period grant an
31 exemption to the person if the Authority is satisfied that the
page 11
Container Deposit and Recovery Scheme Bill 2011
Part 2 Beverage Container Deposit and Recovery Scheme
s. 17
1 criteria and considerations prescribed for the purposes of this
2 section apply in respect of the person.
3 (3) The Authority must within the prescribed period advise the
4 applicant in writing --
5 (a) as to the decision of the Authority; and
6 (b) if the Authority grants the exemption, as to the terms
7 and conditions applying to the exemption; and
8 (c) if the Authority refuses to grant the exemption, of the
9 reasons for refusing to grant the exemption.
10 (4) If any of the criteria and considerations prescribed for the
11 purposes of this section cease to apply in respect of a holder of
12 an exemption, the Authority --
13 (a) may by notice in writing to the holder of the exemption
14 revoke the exemption; and
15 (b) if the exemption is revoked, must specify in the
16 notice --
17 (i) the reason for revoking the exemption; and
18 (ii) a reasonable period of time by the end of which
19 the person will need to comply with this Act.
20 (5) If an exemption is revoked under subsection (4), the person who
21 held the exemption need not comply with this Act during the
22 period specified in the notice under subsection (4)(b)(ii).
23 17. Records and enforcement
24 (1) A person liable to pay the beverage container environmental
25 levy must keep the records necessary to substantiate the amount
26 of levy paid or payable by the person.
27 Penalty: a fine of $50 000.
28 (2) Records under subsection (1) in relation to a levy amount need
29 not be kept for more than 3 years after the last day on which the
30 levy amount must be paid under section 8.
page 12
Container Deposit and Recovery Scheme Bill 2011
Beverage Container Deposit and Recovery Scheme Part 2
s. 18
1 (3) The Waste Avoidance and Resource Recovery Act 2007 Part 8
2 has effect as if this Act were part of that Act and as if premises
3 that are or were authorised collection depots or authorised
4 transfer stations were premises to which Division 1 of that Part
5 applied.
6 18. Review of refund amount
7 (1) The Authority must review the refund amount at least once
8 every 5 years after the commencement of this Act.
9 (2) In conducting that review, the Authority must have regard to the
10 minimum refund amount necessary to maintain the appropriate
11 level of incentive --
12 (a) for producers, distributors and consumers of beverages
13 in beverage containers to reuse or recycle beverage
14 containers; and
15 (b) to ensure high rates of recovery of beverage containers;
16 and
17 (c) to reduce litter and litter-related costs; and
18 (d) to reduce waste, disposal and recycling costs; and
19 (e) to conserve resources.
page 13
Container Deposit and Recovery Scheme Bill 2011
Part 3 General provisions
s. 19
1 Part 3 -- General provisions
2 19. Relationship with aspects of the Waste Avoidance and
3 Resource Recovery Act 2007
4 This Act does not prevent --
5 (a) a product stewardship plan in relation to beverage
6 containers from being registered under the Waste
7 Avoidance and Resource Recovery Act 2007; and
8 (b) the implementation and operation of extended producer
9 responsibility schemes under the Waste Avoidance and
10 Resource Recovery Act 2007 that deal with containers
11 not covered by the Scheme.
12 20. Protection from liability for wrongdoing
13 (1) An action in tort does not lie against a person for anything that
14 the person has done, in good faith, in the performance or
15 purported performance of a function under this Act.
16 (2) The protection given by subsection (1) applies even though the
17 thing done as described in that subsection may have been
18 capable of being done whether or not this Act had been enacted.
19 (3) Despite subsection (1), the State is not relieved of any liability
20 that it might have for another person having done anything as
21 described in that subsection.
22 21. Regulations
23 (1) The Governor may make regulations prescribing all matters
24 required or permitted by this Act to be prescribed or necessary
25 or convenient to be prescribed for carrying out this Act.
26 (2) The Waste Avoidance and Resource Recovery Act 2007
27 section 97(1), (3) and (4) and section 98 apply with respect to
28 regulations made under this Act.
page 14
Container Deposit and Recovery Scheme Bill 2011
General provisions Part 3
s. 22
1 22. Transitional provision -- Act does not extend to existing
2 beverage containers
3 This Act does not apply to beverage containers produced in or
4 imported into Western Australia before this Act came into
5 operation.
page 15
Container Deposit and Recovery Scheme Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
assent day..............................................................................................................2
authorised collection depot ...................................................................................3
authorised transfer station.....................................................................................3
Authority...............................................................................................................3
BCEL Account .....................................................................................................3
beverage................................................................................................................3
beverage container ................................................................................................3
beverage container environmental levy ....................................................... 3, 6(1)
import ...................................................................................................................3
label ......................................................................................................................3
recognised jurisdiction..........................................................................................3
refund amount.......................................................................................................3
Scheme .................................................................................................................3
X .................................................................................................................... 10(2)
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