{"id":"environment-protection-beverage-containers-and-plastic-bags-act-2011","name":"Environment Protection (Beverage Containers and Plastic Bags) Act 2011","slug":"environment-protection-beverage-containers-and-plastic-bags-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30061,"registerId":"nt-environment-protection-beverage-containers-and-plastic-bags-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Environment Protection (Beverage\nContainers and Plastic Bags) Act 2011.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\nThe object of this Act is to minimise environmental pollution by:\n(a) establishing a container deposit scheme to:\n(i) reduce beverage container waste by providing\ncommunities throughout the whole of the Territory, as far\nas practicable, with access to facilities for the collection\nof empty containers and the payment of refund amounts;\nand\n(ii) increase resource recovery, reuse and recycling; and\n(b) regulating the supply of single use, non-biodegradable plastic\nbags.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 2\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\naccepted container means:\n(a) in relation to a CDS coordinator – a container that has been\naccepted by the coordinator from the operator of an approved\ncollection depot as required under section 20; or\n(b) in relation to the operator of an approved collection depot – a\ncontainer that has been accepted by the operator as required\nunder section 18.\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nadministration, of this Act, includes enforcement.\napproved collection depot, means a collection depot for which a\ncollection approval is in force.\napproved form means a form approved under section 85.\napproved refund marking, for a regulated container, means a\nmarking or labelling about the refund amount prescribed by\nregulation for the container.\nAustralian Standard means a standard published by Standards\nAustralia Limited ABN 85 087 326 690.\nauthorised officer, see section 87(1).\nbeverage, see section 7.\nbeverage retailer, see section 8.\nbiodegradable bag, see section 52.\nCDS, see section 10.\nCDS approval means a collection approval or coordinator\nCDS coordinator means:\n(a) a person who, whether personally or through an agent:\n(i) coordinates the activities of CDS participants under the\nCDS; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 3\n(ii) collects, handles and delivers for reuse, recycling or\nother appropriate disposal, regulated containers\nreceived from collection depots; or\n(b) a person who carries on activities of a kind prescribed by\nregulation.\nCDS participant means each of the following:\n(a) a CDS coordinator or operator of a collection depot;\n(b) a manufacturer, distributor or beverage retailer of regulated\n(c) others carrying out activities relating to the collection, reuse,\nrecycling or other appropriate disposal of regulated containers.\nCDS supplier means a person who is registered as a CDS supplier\nunder Part 2, Division 6A.\nCEO means the Chief Executive Officer.\ncollection approval means an approval under Part 2, Division 6 to\noperate a collection depot.\ncollection depot means a facility or premises for the collection and\nhandling of regulated containers delivered to the facility or premises\nin consideration of the payment of refund amounts for containers,\nand includes:\n(a) a reverse vending machine; and\n(b) another facility or premises of a kind prescribed by regulation.\nCommonwealth CCA means the Competition and Consumer\nAct 2010 (Cth).\ncondition, for Part 2, Division 6, Subdivision 2, see section 29.\nconnected, for Part 4, see section 61.\ncontainer, see section 6.\ncontainer identification document, see section 41D(1)(c)(i).\ncontaminated, in relation to a container, means the container:\n(a) is unclean; or\n(b) is affected by a contaminant, including, for example, oil, paint,\nsand and stones.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 4\ncoordinator approval means an approval under Part 2, Division 6\nto carry on business as a CDS coordinator.\ncoordinator arrangement means a waste management\narrangement made between CDS coordinators.\ncorresponding jurisdiction means a jurisdiction in which a\ncorresponding law is in force.\ncorresponding law means a law of a State or another Territory\nthat:\n(a) establishes a scheme:\n(i) regulating the supply of beverage containers; and\n(ii) providing for the payment of refunds on the return of\nempty beverage containers to collection depots; and\n(b) is declared by regulation to be a corresponding law.\nmanufacturer includes a person who fills containers, or imports\ncontainers, for sale in the Territory.\nmaterial type, of a permitted container, see section 8A.\noccupier, for Part 4, see section 60.\non, for Part 4, see section 60.\noperator, of a collection depot, means the entity carrying out the\nfunctions of the depot.\noperator arrangement means a waste management arrangement\nmade between an operator of an approved collection depot and a\nCDS coordinator.\npermitted container means a regulated container that:\n(a) is supplied in the Territory by a CDS supplier; and\n(b) bears the approved refund marking.\nphase out period, see section 53(1).\nplace, for Part 4, see section 60.\npremises, for Part 4, see section 60.\nprohibited plastic bag, see section 51.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 5\nprohibition day, see section 53(2).\nquarter means each 3 month period during a financial year.\nrefund amount, for a permitted container, means the amount\nprescribed by regulation for the container.\nregistration means registration as a CDS supplier under Part 2,\nDivision 6A.\nregulated container means a container to which the CDS applies.\nNote for definition regulated container\nUnder section 9, containers may be exempted by regulation from the application\nof the CDS. Under section 42 of the Interpretation Act, a regulation may exempt a\nclass of containers, including, for example, containers made of certain materials\nand containers used for certain beverages.\nreverse vending machine means a device that:\n(a) accepts empty permitted containers by scanning the barcode\non the containers or in another way recognises containers as\npermitted containers; and\n(b) dispenses the refund amount for the containers placed in the\ndevice.\nreview notice, for a decision, means a written notice stating:\n(a) the decision; and\n(b) the reasons for the decision; and\n(c) the fact that an application may be made to NTCAT for review\nof the decision.\nsell includes:\n(a) supply on a gratuitous basis for commercial promotional\npurposes; and\n(b) offer or display for sale or such supply.\nstart, of the CDS, means the date on which Part 2 commences.\nsupplier arrangement means a waste management arrangement\nmade between a person who is, or intends to apply to become, a\nCDS supplier and a CDS coordinator.\nsupplier sales document, see section 41D(1)(c)(ii).\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 6\nvariation, for Part 2, Division 6, Subdivision 2, see section 29.\nwaste management arrangement, see section 11.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Criminal Code","content":"5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of container","content":"6 Meaning of container\n(1) A container is:\n(a) a container that:\n(i) is made to contain a beverage; and\n(ii) when filled with the beverage, is sealed for storage,\ntransport and handling before its sale or delivery for the\nuse or consumption of its contents; or\n(b) a container of a kind prescribed by regulation.\n(2) However, a container does not include a thing prescribed by\nregulation.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of beverage","content":"7 Meaning of beverage\n(1) A beverage is a liquid intended for human consumption by drinking.\n(2) However, a liquid of a kind prescribed by regulation is not a\nbeverage.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 7\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of beverage retailer","content":"8 Meaning of beverage retailer\n(1) A beverage retailer is a person whose business is, or includes,\nselling a beverage for the use or consumption of the beverage.\n(2) A beverage retailer includes:\n(a) a person who is the owner of a vending machine used to sell a\nbeverage unless the owner has let out (whether by lease, hire\nor other agreement) the machine to another person (the\nhirer); and\n(b) the hirer.\n","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Meaning of material type","content":"8A Meaning of material type\n(1) The material type, of a permitted container, is the type of material\nfrom which the container is manufactured, including, for example,\nplastic, aluminium, glass and liquid paper board.\n(2) A reference in this Act to the material type of a permitted container\nincludes a reference to a category of the material type, including,\nfor example:\n(a) coloured plastic and clear plastic; and\n(b) coloured glass and clear glass.\n9 Containers exempted from application of CDS\nThe CDS does not apply to containers prescribed by regulation.\nDivision 2 Establishment of CDS and waste management\narrangements\n10 CDS established\n(1) This Part establishes a container deposit scheme (the CDS).\n(2) The matters covered by the CDS to achieve the object of\nminimising environmental pollution in the ways mentioned in\nsection 3(a)(i) and (ii) include the following:\n(a) the prohibition of the supply in the Territory of regulated\ncontainers unless they are supplied by a CDS supplier and\nmeet the following requirements:\n(i) the material types of the containers (including the labels)\nare suitable for recycling or reuse;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 8\n(ii) the containers bear the approved refund marking;\n(iii) the way the refund marking is applied to the containers\nis not likely to render the containers unsuitable for\nrecycling or reuse;\n(iv) the containers are the subject of a supplier arrangement\nto which the supplier is a party;\n(b) the sorting, by operators of approved collection depots, of\nempty permitted containers of any beverage products:\n(i) by material type; and\n(ii) regardless of the product names displayed on the\n(c) the making of waste management arrangements between\nCDS participants that are appropriate for the CDS;\n(d) the granting of CDS approvals and the imposition of conditions\non those approvals;\n(da) the registration of persons as CDS suppliers and the\nimposition of conditions on registration;\n(e) the delivery, by any members of the community, of empty\npermitted containers to approved collection depots throughout\nthe Territory for a refund of the refund amount for the\n(f) the acceptance by operators of approved collection depots of\nempty permitted containers delivered to the depots and the\nmethod of payment of refund amounts for the containers;\n(g) the acceptance by CDS coordinators of empty permitted\ncontainers of any beverage products:\n(i) delivered to the coordinators by operators of approved\ncollection depots; and\n(ii) sorted by the operators before delivery by material type,\nregardless of the product name displayed on the\n(h) the payments to be made by CDS coordinators to operators of\napproved collection depots in relation to empty permitted\ncontainers accepted by the coordinators.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 9\n(3) The CDS does not require beverage retailers to:\n(a) accept delivery of empty containers; or\n(b) pay the refund amount in exchange for delivered containers.\nNote for subsection (3)\nA beverage retailer may, however, obtain a collection approval to operate a\ncollection depot, for example, a reverse vending machine at the retailer's\npremises for the payment of refund amounts for containers.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Waste management arrangements generally","content":"11 Waste management arrangements generally\n(1) A waste management arrangement is a written arrangement that:\n(a) is made between 2 or more CDS participants; and\n(b) relates to permitted containers or regulated containers, or\nboth, as appropriate to the particular participants.\n(2) A waste management arrangement must include provisions dealing\nwith the following matters, as relevant to the particular CDS\nparticipants:\n(a) the collection, sorting, aggregation and transportation of the\ncontainers when empty;\n(b) the reuse, recycling or other appropriate disposal of the\ncontainers when empty;\n(c) the minimisation of the handling and sorting of the containers\nwhen empty;\n(d) payments of the refund amount and other amounts to be\nmade by a CDS coordinator to an operator of a collection\ndepot in relation to the containers accepted by the coordinator;\n(e) payments to be made by a CDS supplier to a CDS coordinator\nin relation to dealing with the containers accepted by the\ncoordinator;\n(f) a dispute resolution process for settling disputes between the\nparties to the arrangement;\n(g) matters prescribed by regulation.\n(3) A waste management arrangement may include provisions, not\ninconsistent with this Act, dealing with other matters.\n(4) All the provisions of a waste management arrangement must be\nappropriate for the CDS.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 10\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Coordinator arrangement","content":"12 Coordinator arrangement\n(1) Each CDS coordinator must make a waste management\narrangement with each other CDS coordinator.\n(2) A coordinator arrangement may be made by:\n(a) all of the CDS coordinators entering into one arrangement; or\n(b) any of the CDS coordinators entering into an arrangement\nwith any of the other coordinators in a way that ensures all of\nthe arrangements have the effect of one arrangement\nbetween all of the coordinators.\n(3) A coordinator arrangement must include provisions that contain the\nagreements specified in Schedule 1.\n(4) An agreement made as specified in Schedule 1 is taken to form\npart of the coordinator arrangement.\n(5) For section 51(1)(d)(i) of the Commonwealth CCA and with\nreference to section 51(1C)(e) of that Act, CDS coordinators are\nauthorised to:\n(a) make a coordinator arrangement; and\n(b) include in the coordinator arrangement provisions that:\n(i) deal with the matters mentioned in section 11(2); and\n(ii) contain the agreements specified in Schedule 1; and\n(c) give effect to the coordinator arrangement.\nNote for subsection (5)\nThe effect of this subsection is that anything mentioned in paragraphs (a) to (c)\nthat is done by a CDS coordinator is not to be regarded in deciding whether the\ncoordinator has contravened Part IV of the Commonwealth CCA.\n(6) This section does not limit section 11.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Supply of regulated container to beverage retailer","content":"13 Supply of regulated container to beverage retailer\n(a) the person is not a CDS supplier; and\n(b) the person intentionally supplies a beverage to another person\n(the recipient); and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 11\n(c) the beverage is in a regulated container and the recipient is a\nbeverage retailer who intends to sell the beverage and the\nperson has knowledge of those circumstances.\n(3) A person commits an offence if:\n(a) the person intentionally supplies a beverage to another person\n(the recipient); and\n(b) the beverage is in a regulated container and the recipient is a\nbeverage retailer who intends to sell the beverage and the\nperson has knowledge of those circumstances; and\n(c) the container does not meet the requirements specified in\nsection 10(2)(a) and the person is reckless in relation to that\ncircumstance.\n(4) A person must not supply a beverage in a regulated container to a\nbeverage retailer for sale by the retailer unless:\n(a) the person is a CDS supplier; and\n(b) the container meets the requirements specified in\nsection 10(2)(a).\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Beverage retailer sale of beverages in permitted container","content":"14 Beverage retailer sale of beverages in permitted container\n(1) A beverage retailer must not sell a beverage in a regulated\ncontainer unless the container is a permitted container.\nThe retailer:\n(a) intentionally sells the beverage in a regulated container; and\n(b) is reckless as to whether the container is a permitted\ncontainer.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 12\n(2) A beverage retailer must not sell a beverage in a regulated\ncontainer unless the container is a permitted container.\n(3) An offence against subsection (2) is an offence of strict liability.\n","sortOrder":12},{"sectionNumber":"Div 4","sectionType":"division","heading":"Approval requirements for CDS participants","content":"Division 4 Approval requirements for CDS participants\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Approval required for CDS coordinator","content":"15 Approval required for CDS coordinator\nA person must not carry on business as a CDS coordinator unless\nthe person is the holder of a coordinator approval.\nFault element: The person intentionally carries on business\nas a CDS coordinator.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Approval required for collection depot operator","content":"16 Approval required for collection depot operator\n(1) A person must not operate a collection depot unless the person is\nthe holder of a collection approval.\nFault element: The person intentionally operates a\ncollection depot.\n(2) It is a defence to a prosecution for an offence against\n","sortOrder":15},{"sectionNumber":"Div 5","sectionType":"division","heading":"Delivery, acceptance and disposal of containers","content":"Division 5 Delivery, acceptance and disposal of containers\nand refund amounts\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"No refund for container purchased outside Territory or","content":"17 No refund for container purchased outside Territory or\ncorresponding jurisdiction\n(a) the person delivers a permitted container to an approved\ncollection depot for claiming the refund amount for the\ncontainer; and\n(b) the container:\n(i) was not purchased in the Territory or a corresponding\njurisdiction; or\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 13\n(ii) was purchased before the start of the CDS.\n(a) intentionally delivers the container for claiming the refund\namount; and\n(b) is reckless as to whether the container was purchased:\n(i) in the Territory or a corresponding jurisdiction; or\n(ii) before the start of the CDS.\n(2) In a proceeding for an offence against subsection (1), the court\nmust presume, in the absence of evidence to the contrary, the\ncontainer:\n(a) was not purchased in the Territory or a corresponding\njurisdiction; or\n(b) was purchased before the start of the CDS.\n(3) The operator of an approved collection depot may ask a person\ndelivering containers for claiming refund amounts to complete a\ndeclaration in the approved form stating the person has no reason\nto believe the containers:\n(a) were not purchased in the Territory or a corresponding\njurisdiction; and\n(b) were purchased before the start of the CDS.\n(4) The operator of an approved collection depot commits an offence if:\n(a) within any 48 hour period, a person delivers to the depot more\nthan the bulk quantity of containers for claiming refund\namounts; and\n(b) the operator does not ask the person to complete a\ndeclaration of a kind mentioned in subsection (3).\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 14\n(6) The operator of an approved collection depot commits an offence if\nthe operator does not:\n(a) keep each declaration made under this section (or a copy of\nthe declaration) at the operator's place of business in the\nTerritory for 3 years after the date of the declaration; or\n(b) have the document mentioned in paragraph (a) available for\ninspection at all reasonable times by an authorised officer.\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) In this section:\nbulk quantity, of containers, means:\n(a) 1 500 containers; or\n(b) if another quantity is prescribed by regulation – the other\nquantity.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Acceptance of empty permitted containers by operator of","content":"18 Acceptance of empty permitted containers by operator of\ncollection depot\n(1) Subject to subsections (4) and (6), the operator of an approved\ncollection depot must accept an empty container, delivered to the\ndepot by a person for claiming the refund amount, if the container:\n(a) is a permitted container; and\n(b) was purchased in the Territory, or a corresponding jurisdiction,\nafter the start of the CDS.\n(4) The operator is not required to accept an empty container delivered\nto the collection depot if any of the following circumstances apply:\n(a) the operator is unable:\n(i) to verify that the container was supplied by a CDS\nsupplier; or\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 15\n(ii) to identify the approved refund marking on the container\n(for example, because the container is crushed or the\nlabel has been removed or is illegible);\n(b) the container is contaminated;\n(c) the container has a removable lid on it;\n(d) the operator has asked for a declaration under section 17(3)\nfor the container and the request has not been complied with;\n(e) a circumstance stated in the collection approval relating to the\napproved depot.\n(5) However, the operator of the collection depot must not refuse to\naccept an empty container in a circumstance mentioned in\nsubsection (4)(a) to (e) if the waste management arrangement\nrelating to containers delivered to that collection depot requires\nacceptance in that circumstance.\n(6) Before accepting empty permitted containers at a collection depot\nfor payment of the refund amount, the operator may require the\nperson delivering the containers to sort them by material type.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Payment of refund amount by operator of collection depot","content":"19 Payment of refund amount by operator of collection depot\n(1) The operator of an approved collection depot must pay a refund\namount:\n(a) for a permitted container the operator is required to accept\nunder section 18(1); and\n(b) to the person who delivered the container to the depot; and\n(c) in accordance with subsection (3).\n(3) A refund amount for an empty permitted container must be paid in\ncash or in another way prescribed by regulation.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 16\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Acceptance of and payment for empty permitted containers by","content":"20 Acceptance of and payment for empty permitted containers by\nCDS coordinator\n(1) This section applies if:\n(a) the operator of an approved collection depot delivers to a CDS\ncoordinator empty permitted containers of any beverage\nproducts:\n(i) that have been sorted by material type, regardless of the\nproduct names displayed on the containers; and\n(ii) for which the operator has paid a refund amount under\nsection 19(1); and\n(b) there is an operator arrangement between the operator and\ncoordinator in relation to permitted containers; and\n(c) the operator claims from the coordinator a refund amount for\nthe containers and other amounts payable in accordance with\nthe operator arrangement (related amounts).\n(2) The CDS coordinator must accept the permitted containers unless\nany of the following circumstances apply:\n(a) the coordinator is unable:\n(i) to identify the container as being a permitted container;\nor\n(ii) to be satisfied the container was purchased in the\nTerritory, or a corresponding jurisdiction, after the start of\nthe CDS;\n(b) the container is contaminated;\n(c) the container has a removable lid on it.\n(3) However, the CDS coordinator must not refuse to accept a\ncontainer in a circumstance mentioned in subsection (2)(a) to (c) if\nthe operator arrangement requires acceptance in that\ncircumstance.\n(4) The CDS coordinator must pay the operator the refund amount and\nrelated amounts in accordance with the operator arrangement.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 17\n","sortOrder":20},{"sectionNumber":"20A","sectionType":"section","heading":"Disposal of accepted container","content":"20A Disposal of accepted container\n(a) the person is a CDS coordinator or the operator of an\napproved collection depot; and\n(b) the person intentionally disposes of, or arranges the disposal\nof, a container; and\n(c) the container is an accepted container and the person is\nreckless in relation to that circumstance.\nExamples for subsection (1)(b)\nThe person takes the container to a rubbish disposal or landfill site or buries or\nburns it.\n(3) A CDS coordinator or the operator of an approved collection depot\ncommits an offence if the coordinator or operator disposes of, or\narranges the disposal of, an accepted container.\nExamples for subsection (3)\nThe person takes the accepted container to a rubbish disposal or landfill site or\nburies or burns it.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant has a reasonable excuse.\n(6) For subsections (1) and (3):\n(a) a container is taken not to be disposed of if the container is\nrecycled, reused or otherwise disposed of in a way authorised\nby the Minister; and\n(b) a container is not taken to be disposed of by the operator of\nan approved collection depot if it is delivered by the operator\nto a CDS coordinator and accepted by the coordinator.\nNote for subsection (6)(a)\nUnder section 49A, the Minister may issue guidelines authorising other methods\nof disposal.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 18\n","sortOrder":21},{"sectionNumber":"20B","sectionType":"section","heading":"Accepted container becoming unsuitable for recycling or","content":"20B Accepted container becoming unsuitable for recycling or\nreuse\n(a) the person is a CDS coordinator; and\n(b) the person intentionally possesses a container; and\n(c) the container is an accepted container; and\n(d) the person intentionally engages in conduct; and\n(e) the conduct results in the container becoming unsuitable for\nrecycling, reuse or other disposal authorised by the Minister\nand the person is reckless in relation to that result.\n(2) A person commits an offence if:\n(a) the person is the operator of an approved collection depot;\nand\n(b) the person intentionally possesses a container; and\n(c) the container is an accepted container; and\n(d) the person intentionally engages in conduct; and\n(e) the conduct results in the container becoming unsuitable for\nrecycling or reuse and the person is reckless in relation to that\nresult.\n(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a)\nand (c).\n(4) A CDS coordinator commits an offence if an accepted container in\nthe possession of the coordinator becomes unsuitable for recycling,\nreuse or other disposal authorised by the Minister.\n(5) The operator of an approved collection depot commits an offence if\nan accepted container in the possession of the operator becomes\nunsuitable for recycling or reuse.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 19\n(6) An offence against subsection (4) or (5) is an offence of strict\nliability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (1), (2), (4) or (5) if the defendant has a reasonable\nexcuse.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Making application","content":"21 Making application\n(1) An application for a CDS approval must be:\n(a) made in the approved form to the CEO; and\n(b) accompanied by:\n(i) a copy of each waste management arrangement\nrelevant to the approval; and\n(ii) in relation to an application for a coordinator approval –\na copy of the agreements mentioned in section 12(3)\nentered into by the parties to the agreement; and\n(iii) any additional information to enable the CEO to decide\nthe application.\n(3) If the application is for a collection approval, the application must\nstate the days and times during which it is proposed to open the\ncollection depot to the public.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"CEO may require further information","content":"22 CEO may require further information\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Deciding application","content":"23 Deciding application\n(1) The CEO must consider the application and decide whether or not\nto grant a CDS approval.\n(2) The CEO may grant a CDS approval in relation to a collection\napproval only if the CEO has taken into account the proposed\nlocation of the collection depot and is satisfied the depot will be:\n(a) accessible to the general public in that location; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 20\n(b) open on a consistent and regular basis.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Conditions of CDS approval generally","content":"24 Conditions of CDS approval generally\nA CDS approval is subject to the following conditions:\n(a) the holder of the CDS approval must have in place one or\nmore waste management arrangements relevant to the\napproval;\n(b) if a waste management arrangement relevant to the CDS\napproval is varied or replaced, the holder of the approval must\ngive the varied or replacement arrangement to the CEO if\nrequested by the CEO;\n(c) the conditions mentioned in section 24B or 24C that are\nrelevant to the approval;\n(d) any other conditions imposed by the CEO and stated in the\n","sortOrder":26},{"sectionNumber":"24B","sectionType":"section","heading":"Condition of collection approval","content":"24B Condition of collection approval\nIt is a condition of a collection approval that the operator of the\napproved collection depot must ensure, as far as reasonably\npracticable in the circumstances applicable to the depot, that the\ndepot is:\n(a) accessible to the general public; and\n(b) open to the general public on a consistent and regular basis.\n","sortOrder":27},{"sectionNumber":"24C","sectionType":"section","heading":"Conditions of coordinator approval","content":"24C Conditions of coordinator approval\nThe following conditions are imposed on a coordinator approval:\n(a) if the CDS coordinator has made a supplier arrangement – the\ncoordinator must, within 7 days after receiving a container\nidentification document from the CDS supplier, give a copy of\nthat document to:\n(i) each other CDS coordinator; and\n(ii) each operator with whom the coordinator has an\noperator arrangement;\n(b) if the coordinator is given a copy of another coordinator's\ncontainer identification document – the coordinator must,\nwithin 7 days after receiving the copy, give a further copy to\neach operator of an approved collection depot with whom the\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 21\ncoordinator has an operator arrangement;\n(c) the coordinator must not require an operator to sort empty\npermitted containers into more than the number of material\ntypes prescribed by regulation;\n(d) the coordinator must have in place adequate facilities and\narrangements to ensure the coordinator is able to accept all\nempty permitted containers the coordinator is required to\naccept under section 20;\n(e) the coordinator must not refuse to accept empty permitted\ncontainers for the reason only that the containers have not\nbeen sorted by reference to the product names they display;\n(f) the coordinator must not, before accepting empty permitted\ncontainers, require an operator to sort the containers by\nreference to the product names they display.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Notice of decision on application","content":"25 Notice of decision on application\n(1) If the CEO grants an application for an approval, the CEO must\ngive the applicant notice of the decision.\n(2) The notice must state the conditions to which the approval is\nsubject under section 24.\n(3) If the approval is subject to a condition imposed under\nsection 24(d), the CEO must also give the applicant a review notice\nfor the decision to impose the condition.\n(4) If the CEO refuses an application for an approval, the CEO must\ngive the applicant a review notice for the refusal.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Duration of approval","content":"26 Duration of approval\nA CDS approval remains in force for the period, not exceeding\n5 years, stated in it.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Renewal of approval","content":"27 Renewal of approval\n(1) An application for the renewal of a CDS approval must be made by\nthe holder of the approval.\n(2) This Division applies (with the necessary changes) to the\napplication as if it were an application for a CDS approval.\n(3) If the application is made before the CDS approval ends, the\napproval continues in force until the application is decided.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 22\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Approval not transferable","content":"28 Approval not transferable\nA CDS approval is not transferable by the holder of the approval.\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Definitions","content":"29 Definitions\nIn this Division:\ncondition, of an approval, means a condition of the approval\nimposed by the CEO.\nvariation, of a condition of CDS approval, means:\n(a) amend an existing condition of the approval; or\n(b) impose a new condition of the approval; or\n(c) remove an existing condition of the approval.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Variation of conditions – CEO's initiative","content":"30 Variation of conditions – CEO's initiative\n(1) The CEO may decide to vary the conditions of a CDS approval if:\n(a) an amendment to, or replacement of, a waste management\narrangement relevant to the approval requires it; or\n(b) the CEO becomes aware of information that, had it been\nknown at the time the approval was granted or renewed,\nwould have resulted in the CEO imposing different conditions\non the approval.\n(2) Before deciding to vary the conditions, the CEO must:\n(a) give written notice to the holder of the approval:\n(i) of the particulars of the proposed variation; and\n(ii) that the holder may make written submissions to the\nCEO about the proposed variation within a reasonable\nperiod of at least 21 days stated in the notice; and\n(b) have regard to written submissions made to the CEO by the\nholder before the stated day.\n(3) If the CEO decides to vary the conditions of the approval, the CEO\nmust immediately give the holder a review notice for the decision.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 23\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Variation of conditions – application by holder","content":"31 Variation of conditions – application by holder\n(1) The holder of a CDS approval may apply to the CEO for the\nvariation of conditions of the approval.\n(2) The application must be:\n(a) in the approved form; and\n(b) accompanied by sufficient documents and information to\nenable the CEO to decide the application, including the\ndocuments and information stated in the approved form.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"CEO may require further information","content":"32 CEO may require further information\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Consideration of application","content":"33 Consideration of application\n(1) The CEO must consider the application and grant or refuse to grant\nit.\n(2) The CEO must refuse to grant the application unless satisfied the\napproval could be granted subject to the varied conditions.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Notice of decision on application","content":"34 Notice of decision on application\n(1) If the CEO decides to vary the conditions of the approval, the CEO\nmust immediately give the holder written notice for the decision.\n(2) If the CEO refuses to grant the application, the CEO must\nimmediately give the holder a review notice for the decision.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Failure to decide application","content":"35 Failure to decide application\nThe CEO is taken to have refused the application if the CEO does\nnot decide the application within 30 days after:\n(a) the application is made; or\n(b) if the CEO gives the applicant notice to give the CEO further\ndocuments or information – the end of the period stated in the\nnotice for giving the document or information.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 24\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"When variation of conditions takes effect","content":"36 When variation of conditions takes effect\nThe variation of conditions of a CDS approval takes effect on:\n(a) the day notice of the decision is given to the holder of the\napproval; or\n(b) the later day of effect stated in the notice.\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Grounds for suspending or cancelling approval","content":"37 Grounds for suspending or cancelling approval\nEach of the following is a ground for suspending or cancelling a\nCDS approval:\n(a) the holder of the approval has contravened a provision of this\nAct;\n(b) the holder of the approval has failed to comply with:\n(i) a condition of the approval; or\n(ii) a waste management arrangement relevant to the\napproval;\n(c) the holder of the approval has failed to achieve a target within\nthe period stated in a notice given to the holder under\nsection 49(3);\n(d) waste management arrangement relevant to the approval can\nno longer operate according to its provisions;\n(e) the CEO becomes aware of information that, had it been\nknown at the time the application for approval or renewal of\napproval was made, would have given a reason for refusing\nthe application.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Show cause notice","content":"38 Show cause notice\n(1) If the CEO believes a ground exists to suspend or cancel a CDS\napproval, the CEO must give the holder of the approval written\nnotice under this section.\n(2) The notice must state the following:\n(a) the action (the proposed action) the CEO proposes taking\nunder this Division;\n(b) the grounds for the proposed action;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 25\n(c) an outline of the facts and circumstances forming the basis for\nthe grounds;\n(d) if the proposed action is suspension of the approval – the\nproposed suspension period;\n(e) an invitation to the holder to show cause within a period stated\nin the notice (being at least 7 days after the date of the notice)\nwhy the proposed action should not be taken.\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Representations about show cause notices","content":"39 Representations about show cause notices\n(1) The holder of the approval may make written representations about\nthe show cause notice to the CEO in the period stated in the notice.\n(2) The CEO must consider all written representations made under\nsubsection (1) (the accepted representations).\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Ending show cause process without further action","content":"40 Ending show cause process without further action\nIf, after considering the accepted representations for the show\ncause notice, the CEO no longer believes a ground exists to\nsuspend or cancel the approval the CEO:\n(a) must not take any further action about the show cause notice;\nand\n(b) must give written notice to the holder of the approval that no\nfurther action is to be taken about the show cause notice.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Suspension or cancellation","content":"41 Suspension or cancellation\n(1) This section applies if:\n(a) after considering the accepted representations for the show\ncause notice, the CEO:\n(i) still believes a ground exists to suspend or cancel the\napproval; and\n(ii) believes suspension or cancellation of the approval is\nwarranted; or\n(b) there are no accepted representations for the show cause\nnotice.\n(2) The CEO may:\n(a) if the proposed action stated in the show cause notice was to\nsuspend the approval for a stated period – suspend the\napproval for not longer than the stated period; or\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 26\n(b) if the proposed action stated in the show cause notice was to\ncancel the approval – either cancel the approval or suspend it\nfor a period.\n(3) The CEO must immediately give a review notice for the decision to\nthe holder of the approval.\n(4) The decision takes effect on:\n(a) the day the review notice is given to the holder; or\n(b) if a later day of effect is stated in the notice – the later day.\n","sortOrder":45},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Application process for registration as CDS","content":"Subdivision 1 Application process for registration as CDS\nsupplier\n","sortOrder":46},{"sectionNumber":"41A","sectionType":"section","heading":"Making application","content":"41A Making application\n(1) Any of the following may apply to the CEO for registration as a CDS\nsupplier:\n(a) a manufacturer of containers;\n(b) a distributor of containers;\n(c) a beverage retailer whose business sells beverages in\ncontainers.\n(2) The application must be made in the approved form.\n","sortOrder":47},{"sectionNumber":"41B","sectionType":"section","heading":"CEO may require further information","content":"41B CEO may require further information\n","sortOrder":48},{"sectionNumber":"41C","sectionType":"section","heading":"Deciding application","content":"41C Deciding application\n(1) The CEO must consider the application and decide whether or not\nto grant registration to the applicant.\n(2) The CEO must not grant registration unless the applicant has\ndeclared that:\n(a) the applicant is a party to one or more supplier arrangements;\nand\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 27\n(b) each supplier arrangement to which the applicant is a party:\n(i) contains provisions that deal with the matters mentioned\nin section 11(2); and\n(ii) does not contain provisions inconsistent with this Act;\nand\n(iii) contains only provisions that are appropriate for the\nCDS; and\n(c) each regulated container the applicant intends to supply in the\nTerritory is or will be the subject of one or more of the supplier\narrangements.\n","sortOrder":49},{"sectionNumber":"41D","sectionType":"section","heading":"Conditions of registration","content":"41D Conditions of registration\n(1) The following conditions are imposed on registration:\n(a) the CDS supplier must not supply regulated containers in the\nTerritory unless:\n(i) the material types of the containers (including the labels)\nare suitable for recycling or reuse; and\n(ii) the containers bear the approved refund marking; and\n(iii) the way the refund marking is applied to the containers\nis not likely to render the containers unsuitable for\nrecycling or reuse; and\n(iv) the containers are the subject of a supplier arrangement\nto which the supplier is a party;\n(b) the CDS supplier must, at all times while registered, be a party\nto one or more supplier arrangements that meet the\nrequirements specified in section 41C(2)(b);\n(c) the CDS supplier must give each CDS coordinator with whom\nthe supplier has a supplier arrangement the following:\n(i) a document (a container identification document)\nthat, for each regulated container to which the\narrangement relates and that is supplied for sale in the\nTerritory, lists:\n(A) if the container displays a barcode – the barcode of\nthe container; or\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 28\n(B) otherwise – the name of the manufacturer or\ndistributor of the container and one or more of the\nrelevant characteristics of the container;\n(ii) within the prescribed period – a document for each\nquarter specifying the total number of regulated\ncontainers, by reference to material types, that have\nbeen sold by the supplier in the Territory during the\nquarter (a supplier sales document);\n(d) the CDS supplier must give the CEO written notice of the\noccurrence of any of the following events, within 5 business\ndays after the event occurs:\n(i) the supplier terminates or enters into a supplier\narrangement;\n(ii) the supplier ceases to supply regulated containers in the\nTerritory;\n(e) the CDS supplier must, on request, give the CEO a document\nthat, for each regulated container that the supplier supplies for\nsale in the Territory, lists:\n(i) if the container displays a barcode – the barcode of the\ncontainer; or\n(ii) otherwise – the name of the manufacturer or distributor\nof the container and one or more of the relevant\ncharacteristics of the container;\n(f) the CDS supplier must, on request, give the CEO a copy of all\nwaste management arrangements to which the supplier is a\nparty;\n(g) any other conditions imposed by the CEO and stated in the\nregistration certificate.\n(2) In this section:\nprescribed period, for a quarter, means 21 days after the end of\nthe quarter.\nrelevant characteristic, of a container, means any of the following:\n(a) the name of the product the container is made to contain;\n(b) the container contents when full;\n(c) the container capacity;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 29\n(d) the container material.\n","sortOrder":50},{"sectionNumber":"41E","sectionType":"section","heading":"Notice of decision","content":"41E Notice of decision\n(1) If the CEO grants registration subject to a condition imposed under\nsection 41D(1)(g), the CEO must give the applicant a review notice\nfor the decision to impose the condition.\nUnder section 41M(1), the CEO is also required to issue a person with a\nregistration certificate if the CEO grants registration.\n(2) If the CEO refuses to grant registration, the CEO must give the\napplicant a review notice for the refusal.\n","sortOrder":51},{"sectionNumber":"41F","sectionType":"section","heading":"Duration of registration","content":"41F Duration of registration\nRegistration is for a term of 10 years, unless it is sooner suspended\nor cancelled.\n","sortOrder":52},{"sectionNumber":"41G","sectionType":"section","heading":"Renewal of registration","content":"41G Renewal of registration\n(1) A CDS supplier may apply for a renewal of the supplier's\nregistration.\n(2) This Division applies (with the necessary changes) to the\napplication for renewal as if it were an application for registration.\n(3) If the application is made before the registration ends, the\nregistration continues in force until the application is decided.\n","sortOrder":53},{"sectionNumber":"41H","sectionType":"section","heading":"Variation of conditions of registration","content":"41H Variation of conditions of registration\nPart 2, Division 6, Subdivision 2 applies in relation to the conditions\nof a CDS supplier's registration as if a reference to:\n(a) an approval or a CDS approval were a reference to the\nregistration; and\n(b) an approved waste management arrangement were a\nreference to a supplier arrangement; and\n(c) the holder of a CDS approval were a reference to the CDS\nsupplier.\n","sortOrder":54},{"sectionNumber":"41J","sectionType":"section","heading":"Surrender of registration","content":"41J Surrender of registration\nA CDS supplier may surrender the supplier's registration by giving\nwritten notice to the CEO.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 30\n","sortOrder":55},{"sectionNumber":"41K","sectionType":"section","heading":"Grounds for suspending or cancelling registration","content":"41K Grounds for suspending or cancelling registration\nEach of the following is a ground for suspending or cancelling a\nCDS supplier's registration:\n(a) the supplier has contravened a provision of this Act;\n(b) the supplier has failed to comply with:\n(i) a condition of the supplier's registration; or\n(ii) a supplier arrangement;\n(c) the supplier has failed to achieve a target within the period\nstated in a notice given to the supplier under section 49(3);\n(d) the CEO becomes aware of information that, had it been\nknown at the time the application for registration or renewal of\nregistration was made, would have given a reason for refusing\nthe application;\n(e) the supplier has ceased supplying regulated containers in the\nTerritory;\n(f) the supplier has notified the CEO that it has ceased supplying\nregulated containers in the Territory.\n","sortOrder":56},{"sectionNumber":"41L","sectionType":"section","heading":"Suspension or cancellation of registration","content":"41L Suspension or cancellation of registration\n(1) If the CEO believes a ground exists to suspend or cancel a CDS\nsupplier's registration, sections 38 to 41 apply in relation to the\nregistration as if a reference to:\n(a) a CDS approval were a reference to the registration; and\n(b) the holder of the approval were a reference to the supplier.\nRegistration may also be suspended or cancelled under section 44.\n(2) Despite subsection (1), the CEO may cancel a CDS supplier's\nregistration on the ground mentioned in section 41K(f) without first\ngiving the supplier a show cause notice.\n(3) If the CEO cancels a CDS supplier's registration under\nsubsection (2), the following apply:\n(a) the CEO must give the supplier written notice of the\ncancellation;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 31\n(b) the CEO is not required to give the supplier a review notice for\nthe decision to cancel the registration;\n(c) the cancellation takes effect on the day the notice mentioned\nin paragraph (a) is given to the supplier.\n","sortOrder":57},{"sectionNumber":"41M","sectionType":"section","heading":"Registration certificate","content":"41M Registration certificate\n(1) The CEO must issue a person with a registration certificate if:\n(a) the CEO grants registration, or a renewal of registration, to the\nperson; or\n(b) any of the details specified in the registration certificate\nchange.\n(2) A certificate of registration must be in the approved form and\nspecify the following:\n(a) the date the term of the registration starts;\n(b) the date the term of the registration ends;\n(c) any conditions imposed on the registration under\nsection 41D(1)(g).\n(3) A certificate of registration may be issued in a way decided by the\nCEO.\nExample for subsection (3)\nA certificate of registration may be issued electronically.\n","sortOrder":58},{"sectionNumber":"41N","sectionType":"section","heading":"Register","content":"41N Register\n(1) The CEO must establish and maintain a register in relation to CDS\nsuppliers.\n(2) The register must contain the following details for each CDS\nsupplier:\n(a) the name of the supplier;\n(b) the business address of the supplier;\n(c) the name of the supplier's contact person;\n(d) the date the term of the supplier's registration started;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 32\n(e) the date the term of the supplier's registration ends;\n(f) any conditions imposed on the supplier's registration under\nsection 41D(1)(g).\n(3) The register may contain any other information the CEO considers\nnecessary or appropriate.\n(4) The register may be kept in any form, including electronically.\n","sortOrder":59},{"sectionNumber":"41P","sectionType":"section","heading":"Notice of change of details","content":"41P Notice of change of details\n(1) A CDS supplier must, within 30 days of a change in the supplier's\nname, address or contact person, give the CEO notice of the\nchange and provide the new details.\nCDS supplier includes a CDS supplier whose registration is\nsuspended.\n","sortOrder":60},{"sectionNumber":"42","sectionType":"section","heading":"Contravention of condition","content":"42 Contravention of condition\n(a) the person is the holder of a CDS approval or is a CDS\nsupplier; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of a condition of the\nperson's CDS approval or registration and the person is\nreckless in relation to that result.\n","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Keeping records of CDS activities","content":"43 Keeping records of CDS activities\n(1) A person who is the holder of a CDS approval or a CDS supplier\nmust keep records of the person's CDS activities in the approved\nform.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 33\n","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Annual returns","content":"44 Annual returns\n(1) A person who is the holder of a CDS approval or a CDS supplier\nmust in each year, before the date prescribed by regulation, give\nthe CEO an annual return in the approved form.\n(3) If the person does not comply with subsection (1), the CEO may, by\nwritten notice, require the person to remedy the default within\n14 days after giving the notice.\n(4) If the person does not comply with the notice within the 14-day\nperiod, the person's CDS approval or registration is suspended until\nthe notice is complied with.\n(5) If the person does not comply with the notice within 6 months after\nthe notice is given, the person's CDS approval or registration is\ncancelled.\n(6) The CEO must give written notice of the suspension or cancellation\nto the person.\n","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Sign at retail premises","content":"45 Sign at retail premises\n(1) The CEO may, by written notice, require a beverage retailer of a\nbeverage in a permitted container to ensure there is placed at the\npremises where the retailer supplies the beverage a sign stating:\n(a) a refund amount will be paid for the delivery of an empty\npermitted container to an approved collection depot; and\n(b) the location of approved collection depots in the vicinity of the\npremises.\n(2) The retailer must comply with the notice.\n(3) An offence against subsection (2) is an offence of strict liability.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 34\n","sortOrder":64},{"sectionNumber":"Div 7","sectionType":"division","heading":"Review of decisions","content":"Division 7 Review of decisions\n","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Review by NTCAT","content":"46 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) of the CEO specified in Schedule 2.\n(2) An affected person for a reviewable decision, is a person specified\nin Schedule 2 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 46\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":66},{"sectionNumber":"49","sectionType":"section","heading":"Minister may establish targets for reuse, recycling or other","content":"49 Minister may establish targets for reuse, recycling or other\ndisposal of permitted containers\n(1) The Minister:\n(a) may establish targets for the reuse, recycling or other\nauthorised disposal of permitted containers; and\n(b) if targets are established – must publish them on the Agency's\nwebsite.\n(2) The targets may:\n(a) apply generally to all CDS participants; or\n(b) apply to particular classes of CDS participants; or\n(c) set targets that must be achieved by the holders of a particular\nclass of approvals or a particular class of CDS suppliers.\n(3) If targets are established for subsection (2)(c), the Minister must\ngive each holder of the class of CDS approval, or CDS supplier of\nthe class of CDS suppliers, a notice stating:\n(a) the targets to be achieved; and\n(b) the period of time within which the holder or supplier is\nrequired to achieve the target; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 35\n(c) that a failure to achieve a target is a ground for suspending or\ncancelling the CDS approval or the supplier's registration.\n(4) The CEO must monitor compliance with established targets.\n","sortOrder":67},{"sectionNumber":"49A","sectionType":"section","heading":"Guidelines","content":"49A Guidelines\n(1) The Minister may issue guidelines authorising specified methods of\ndisposal of permitted containers.\n(2) The Minister must publish the guidelines on the Agency's website.\n","sortOrder":68},{"sectionNumber":"50","sectionType":"section","heading":"Review of CDS","content":"50 Review of CDS\n(1) Within 2 years after the start of the CDS, the Minister must review\nthe kinds of containers to which the CDS applies.\n(2) In addition, the Minister must review the operation of the CDS at\nintervals of 5 years after it starts.\n(3) The Minister must table a copy of a report of a review in the\nLegislative Assembly within 6 sitting days after completing it.\n","sortOrder":69},{"sectionNumber":"51","sectionType":"section","heading":"Meaning of prohibited plastic bag","content":"51 Meaning of prohibited plastic bag\n(1) A prohibited plastic bag is:\n(a) a carry bag:\n(i) the body of which comprises (in whole or part)\npolyethylene with a thickness of less than 35 microns;\nand\n(ii) that has handles; or\n(b) a bag of a kind prescribed by regulation.\n(2) However, each of the following is not a prohibited plastic bag:\n(a) a biodegradable bag;\n(b) a plastic bag that is, or forms an integral part of, the packaging\nin which goods are sealed prior to sale;\n(c) a bag of a kind prescribed by regulation.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 36\n","sortOrder":70},{"sectionNumber":"52","sectionType":"section","heading":"Meaning of biodegradable bag","content":"52 Meaning of biodegradable bag\nA biodegradable bag is a carry bag comprised of material of a\ntype that:\n(a) has been assessed and tested in accordance with the\nAustralian Standard prescribed by regulation, as in force from\ntime to time; and\n(b) can be designated, in accordance with the Standard, as\ncompostable.\n","sortOrder":71},{"sectionNumber":"53","sectionType":"section","heading":"Meaning of phase out period and prohibition day","content":"53 Meaning of phase out period and prohibition day\n(1) The phase out period is the period from the day this Part\ncommences to the day immediately preceding the prohibition day.\n(2) The prohibition day is the day prescribed by regulation.\n","sortOrder":72},{"sectionNumber":"54","sectionType":"section","heading":"Part does not apply to exempt person","content":"54 Part does not apply to exempt person\nThis Part, or a provision of this Part, does not apply to a person\nexempted by regulation.\n","sortOrder":73},{"sectionNumber":"55","sectionType":"section","heading":"Retailer must make alternative bags available during phase out","content":"55 Retailer must make alternative bags available during phase out\nperiod\n(1) A retailer commits an offence if, during the phase out period, the\nretailer:\n(a) makes a prohibited plastic bag available to a customer for\ncarrying goods purchased, or to be purchased, from the\nretailer; and\n(b) is not able to provide an alternative bag to the customer on the\ncustomer's request.\n(4) Subsection (1) does not prevent a retailer from charging a customer\na fee for an alternative bag.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 37\n(5) In this section:\nalternative bag means any of the following:\n(a) a biodegradable bag;\n(b) a carry bag designed to be used on a regular basis over a\nperiod of 2 years;\n(c) a carry bag of a kind prescribed by regulation.\n","sortOrder":74},{"sectionNumber":"56","sectionType":"section","heading":"Retailer must display notices during phase out period","content":"56 Retailer must display notices during phase out period\n(1) A retailer commits an offence if, during the phase out period, the\nretailer:\n(a) makes a prohibited plastic bag available at any premises to a\ncustomer for carrying goods purchased, or to be purchased,\nfrom the retailer; and\n(b) does not display a notice in the premises in accordance with\nthe requirements prescribed by regulation.\n","sortOrder":75},{"sectionNumber":"57","sectionType":"section","heading":"Obligations of retailer after phase out period","content":"57 Obligations of retailer after phase out period\n(1) A retailer must not, on or after the prohibition day, make a\nprohibited plastic bag available to a customer for carrying goods\npurchased, or to be purchased, from the retailer.\n(3) This section applies whether or not the customer is charged a fee\nfor the prohibited plastic bag.\n","sortOrder":76},{"sectionNumber":"58","sectionType":"section","heading":"Manufacturers and distributors must not represent prohibited","content":"58 Manufacturers and distributors must not represent prohibited\nplastic bags are not prohibited plastic bags\nA person commits an offence if the person:\n(a) is a manufacturer or distributor of plastic bags; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 38\n(b) sells, supplies or otherwise provides prohibited plastic bags to\nanother person; and\n(c) before, or in the course of, selling, supplying or providing the\nbags, represents to the other person that the bags are not\nprohibited plastic bags.\n(a) intentionally sells, supplies or provides the bags; and\n(b) intentionally represents the bags are not prohibited plastic\nbags; and\n(c) is reckless as to whether the bags are prohibited plastic bags.\n","sortOrder":77},{"sectionNumber":"59","sectionType":"section","heading":"Review of Part","content":"59 Review of Part\n(1) The Minister must, as soon as practicable after the second\nanniversary of the prohibition day, appoint a person to prepare a\nreport on:\n(a) the effect on the community of section 57; and\n(b) the extent to which this Part has been effective in restricting\nthe supply of prohibited plastic bags; and\n(c) other matters the Minister considers to be relevant to the\nreview.\n(2) The person must report to the Minister within 6 months after the\nappointment.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 39\n","sortOrder":78},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary matters","content":"Division 1 Preliminary matters\n","sortOrder":79},{"sectionNumber":"60","sectionType":"section","heading":"Definitions","content":"60 Definitions\nconnected, see section 61.\noccupier, of a place, means the person in occupation or control of\nthe place, or if the place has different parts occupied or controlled\nby different persons, the person in occupation or control of the part\nconcerned, and includes a person who reasonably appears to be\nan occupier of the place.\non, in relation to place, includes at and in the place.\nplace includes vacant land, premises and a vehicle.\npremises includes:\n(a) a building; and\n(b) a part of a building; and\n(c) land on which a building is situated.\n","sortOrder":80},{"sectionNumber":"61","sectionType":"section","heading":"When thing is connected with offence","content":"61 When thing is connected with offence\nFor this Part, a thing is connected with an offence if:\n(a) the offence has been committed in relation to the thing; or\n(b) the thing will afford evidence of the commission of the offence;\nor\n(c) the thing was used, is being used or is intended to be used for\nthe purpose of committing the offence.\n","sortOrder":81},{"sectionNumber":"62","sectionType":"section","heading":"Entry of place – general","content":"62 Entry of place – general\n(1) For the administration of this Act, an authorised officer may enter:\n(a) a place (other than residential premises) at any reasonable\ntime; or\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 40\n(b) any place at any time:\n(i) with the consent of the occupier of the place; or\n(ii) under a search warrant issued under this Division for the\nplace.\n(2) An authorised officer who enters a place under subsection (1) must\nnot remain on the place if the officer does not produce the officer's\nidentity card when asked by the occupier of the place.\n","sortOrder":82},{"sectionNumber":"63","sectionType":"section","heading":"Consent to entry","content":"63 Consent to entry\n(1) An authorised officer seeking the consent of an occupier of a place\nto the officer's entry into or onto the place must:\n(a) if the officer is an appointed authorised officer – show the\nofficer's identity card to the occupier; and\n(b) give the occupier the reasons why entry is sought; and\n(c) inform the occupier that the occupier may refuse to give\nconsent.\n(2) If:\n(a) it is material in proceedings for a court to be satisfied the\noccupier consented to entry under this Part; and\n(b) written consent of the occupier is not produced in evidence;\nthe court may presume, in the absence of evidence to the contrary,\nthe occupier did not give consent.\n","sortOrder":83},{"sectionNumber":"64","sectionType":"section","heading":"Entry of place – search warrant","content":"64 Entry of place – search warrant\n(1) An authorised officer may apply to a Local Court Judge, by\ninformation on oath, for a search warrant for a place if the officer\nbelieves on reasonable grounds that an offence against this Act is\nabout to be, is being or has been committed on the place.\n(2) The Judge may issue a search warrant only if satisfied about the\nmatters set out in the information.\n(3) The search warrant authorises the officer named in the warrant,\nand any other person assisting the officer, to enter the place and to\nexercise an authorised officer's powers under this Division.\n(4) The search warrant must state:\n(a) the purpose for which it is issued; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 41\n(b) the nature of the offence or contravention for which the entry\nis authorised; and\n(c) the hours during which entry to the place is authorised or state\nthat the entry is authorised at any time of the day or night; and\n(d) the date, within 30 days after the warrant's issue, the warrant\nceases to have effect.\n(5) The authorised officer executing the search warrant must, if asked\nby the occupier of the place or another person on the place,\nproduce the warrant for the person's inspection.\n","sortOrder":84},{"sectionNumber":"65","sectionType":"section","heading":"Additional powers for entry of vehicle","content":"65 Additional powers for entry of vehicle\n(1) An authorised officer may enter a vehicle if the officer has\nreasonable grounds for suspecting:\n(a) the vehicle is being, has been or is likely to be, used in the\ncommission of an offence against this Act; or\n(b) the vehicle, or a thing on the vehicle, may provide evidence of\nthe commission of an offence against this Act.\n(2) For entering a vehicle under this Part, an authorised officer may\nrequire the person in control of the vehicle:\n(a) to stop, move or not to move the vehicle; or\n(b) to bring the vehicle to a stated place and remain in control of\nthe vehicle until the officer permits the vehicle to depart; or\n(c) to give the officer reasonable help.\n(3) A person commits an offence if the person engages in conduct that\nresults in a contravention of the officer's requirement.\n(b) is reckless as to whether the conduct would result in a\ncontravention of the requirement.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 42\n","sortOrder":85},{"sectionNumber":"66","sectionType":"section","heading":"Powers on entry of place","content":"66 Powers on entry of place\n(1) An authorised officer who enters a place under Division 2 may do\nany of the following:\n(a) inspect or examine the place or anything found on the place;\n(b) break open and search fixtures and fittings, furniture and\nfurnishings or boxes, packages and other containers (of any\ndescription) found on the place;\n(c) take measurements of, or conduct tests in relation to, the\nplace or anything found on the place;\n(d) take photographs, films or audio, video or other recordings of\nthe place or anything found on the place;\n(e) take and remove from the place samples for analysis of\nanything found on the place;\n(f) if the place is a vehicle – subject to section 67, seize it;\n(g) subject to section 67, seize anything found on the place;\n(h) take copies of, or extracts from, documents found on the\nplace;\n(i) require a person on the place to:\n(i) answer questions or provide information; or\n(ii) make available documents kept on the place; or\n(iii) give the officer reasonable help to exercise powers\nunder this section.\n(2) After taking a sample under subsection (1)(e) or seizing a thing\nunder subsection (1)(f) or (g), the authorised officer must give a\nreceipt for the sample or thing to:\n(a) the occupier of the place; or\n(b) the person whom the officer believes on reasonable grounds\nwas in possession of the sample or thing immediately before it\nwas taken or seized.\n(3) A requirement under subsection (1)(i) must be given by written\nnotice.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 43\n(4) When making the requirement, the authorised officer must inform\nthe person it is an offence not to comply with the requirement\nunless the person has a reasonable excuse.\n(5) A person commits an offence if the person engages in conduct that\nresults in a contravention of the requirement.\nFault element: The person intentionally engages in the\nconduct.\n(6) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant has a reasonable excuse.\n(7) Without limiting subsection (6), it is a reasonable excuse for an\nindividual to fail to comply with the requirement if complying with the\nrequirement might tend to incriminate the individual.\n","sortOrder":86},{"sectionNumber":"67","sectionType":"section","heading":"Seizure of things","content":"67 Seizure of things\n(1) An authorised officer may seize a thing under section 66(1)(f) or (g)\nonly if the officer believes on reasonable grounds that the thing:\n(a) is connected with an offence against this Act and the seizure\nis necessary to prevent the thing from being:\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence; or\n(b) is connected with an offence against this Act and the seizure\nis necessary to conduct tests for adducing evidence for a\nprosecution for the offence.\n(2) After seizing the thing, the authorised officer may:\n(a) take, or direct another person to take, the thing to the place\nstated by the officer; or\n(b) give directions about handling and storing the thing that the\nofficer considers appropriate.\n(3) A person commits an offence if the person:\n(a) interferes with or disposes of the seized thing; or\n(b) removes the seized thing from:\n(i) the place on which it was seized; or\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 44\n(ii) the place to which it was taken by or under the direction\nof the authorised officer.\n(b) is reckless as to whether an authorised officer seized the\nthing.\n(4) Subsection (3) does not apply if the person has the written consent\nof the CEO.\n","sortOrder":87},{"sectionNumber":"68","sectionType":"section","heading":"Retention of things seized","content":"68 Retention of things seized\nThe following provisions apply in relation to a thing seized:\n(a) it must be held by the authorised officer for adducing evidence\nfor a prosecution for an offence against this Act unless the\nCEO authorises its release to its owner or the person who had\npossession of it immediately before its seizure;\n(b) if a prosecution for an offence against this Act is started within\n12 months after the seizure and the defendant is found guilty,\nthe court may order the thing be forfeited to the Territory;\n(c) the officer must release the thing to its owner or the person\nwho had possession of it immediately before its seizure if:\n(i) a prosecution for an offence against this Act is not\nstarted within 12 months after the seizure; or\n(ii) on a prosecution being started within that period, the\ndefendant is not found guilty or the court does not make\nan order under paragraph (b).\n","sortOrder":88},{"sectionNumber":"69","sectionType":"section","heading":"Authorised officer may use help and force in exercising","content":"69 Authorised officer may use help and force in exercising\npowers\nAn authorised officer may exercise a power under this Part with the\nhelp, and using the force, that is reasonable in the circumstances.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 45\n","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":"Power to require name and address","content":"70 Power to require name and address\n(1) This section applies if an authorised officer:\n(a) finds a person committing an offence against this Act; or\n(b) finds a person in circumstances that lead the officer to\nreasonably suspect the person has just committed an offence\nagainst this Act; or\n(c) has information that leads the officer to reasonably suspect a\nperson has just committed an offence against this Act.\n(2) The authorised officer may require the person to state the person's\nname and address.\n(3) When making the requirement, the authorised officer must inform\nthe person it is an offence to contravene the requirement unless the\nperson has a reasonable excuse.\n(4) The authorised officer may require the person to give evidence of\nthe correctness of the person's name or address if the officer\nreasonably suspects the name or address given is false.\n(5) A person commits an offence if the person engages in conduct that\nresults in a contravention of a requirement given to the person\nunder this section by an authorised officer.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant has a reasonable excuse.\n","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Power to require information from certain persons","content":"71 Power to require information from certain persons\n(1) This section applies if an authorised officer reasonably suspects:\n(a) an offence against this Act has been committed; and\n(b) a person may be able to give information about the offence.\n(2) The authorised officer may, by written notice, require the person to\ngive information about the suspected offence.\n(3) When making the requirement, the authorised officer must inform\nthe person it is an offence to fail to give the information unless the\nperson has a reasonable excuse.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 46\n(4) A person commits an offence if the person engages in conduct that\nresults in a contravention of the requirement.\nFault element: The person intentionally engages in the\nconduct.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n(6) Without limiting subsection (5), it is a reasonable excuse for an\nindividual to fail to answer the question if complying with the\nrequirement might tend to incriminate the individual.\n","sortOrder":91},{"sectionNumber":"72","sectionType":"section","heading":"Power to require CDS approval holder or CDS supplier to","content":"72 Power to require CDS approval holder or CDS supplier to\nproduce document\n(1) For the administration of this Act, an authorised officer may, by\nwritten notice, require the holder of a CDS approval or a CDS\nsupplier to produce a document held or kept by the approval holder\nor supplier under this Act to the officer for inspection.\n(2) The notice must state it is an offence to fail to produce the\ndocument unless the approval holder or CDS supplier has a\nreasonable excuse.\n(3) The authorised officer may keep a produced document to take an\nextract from, or make a copy of, the document.\n(4) The approval holder or CDS supplier must comply with the notice.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n(7) Without limiting subsection (6), it is a reasonable excuse for an\napproval holder or CDS supplier to fail to produce a document if\ncomplying with the requirement might tend to incriminate the\napproval holder or supplier.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 47\n","sortOrder":92},{"sectionNumber":"73","sectionType":"section","heading":"Confidentiality of information","content":"73 Confidentiality of information\n(a) the person obtains information in the course of carrying out\nfunctions connected with the administration of this Act; and\n(b) engages in conduct that results in the disclosure of the\ninformation to someone else.\n(b) is reckless as to whether the conduct would result in the\ndisclosure of the information.\nMaximum penalty: 200 penalty units or imprisonment for\n(2) Subsection (1) does not apply to a person disclosing information:\n(a) for the administration of this Act; or\n(b) with the consent of the person to whom the information\nrelates; or\n(c) for legal proceedings arising out of the operation of this Act.\n","sortOrder":93},{"sectionNumber":"74","sectionType":"section","heading":"Misleading information or document","content":"74 Misleading information or document\n(1) A person must not give misleading information to:\n(a) an authorised officer acting in an official capacity; or\n(b) a CDS participant for the participant's carrying out of activities\nunder the CDS.\n(a) intentionally gives the information to the officer or participant;\nand\n(b) knows the information is misleading; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 48\n(c) knows:\n(i) the officer is acting in an official capacity; or\n(ii) the information is for the participant's carrying out of\nactivities under the CDS.\nMaximum penalty: 400 penalty units or imprisonment for\n(2) A person must not give a document containing misleading\ninformation to:\n(a) an authorised officer acting in an official capacity; or\n(b) a CDS participant for the participant's carrying out of activities\nunder the CDS.\n(a) intentionally gives the document to the officer or participant;\nand\n(b) knows the document contains misleading information; and\n(c) knows:\n(i) the officer is acting in an official capacity; or\n(ii) the document is for the participant's carrying out of\nactivities under the CDS.\nMaximum penalty: 400 penalty units or imprisonment for\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the attention\nof the authorised officer or CDS participant; and\n(b) to the extent to which the person can reasonably do so – gives\nthe officer or participant the information necessary to correct\nthe document.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 49\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":94},{"sectionNumber":"75","sectionType":"section","heading":"Obstruction of person acting in official capacity","content":"75 Obstruction of person acting in official capacity\n(1) A person must not obstruct an authorised officer, or person\nassisting an authorised officer (the assistant), acting in an official\ncapacity.\n(a) knows the officer or assistant is acting in an official capacity;\nand\n(b) intentionally obstructs the officer or assistant.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(2) It is a defence to a prosecution for an offence against\nobstruct includes resist and hinder.\n","sortOrder":95},{"sectionNumber":"76","sectionType":"section","heading":"Falsely representing to be authorised officer","content":"76 Falsely representing to be authorised officer\nA person must not falsely represent, by words or conduct, that the\nperson or another person is an authorised officer.\nFault element: The person intentionally represents the\nperson or other person is an authorised\nofficer with an intention to deceive.\nMaximum penalty: 200 penalty units or imprisonment for\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 50\n","sortOrder":96},{"sectionNumber":"77","sectionType":"section","heading":"Definitions","content":"77 Definitions\nIn this Division:\ndeclared provision means each of the following provisions:\n(a) section 13(1), (3) and (4), 14(1) and (2), 15(1), 16(1), 17(1),\n(4) and (6), 18(1), 42, 55(1), 56(1), 57(1), 58, 71(4), 73(1),\n74(1) and (2), 75(1) and 76;\n(b) a provision of the Regulations prescribed by regulation.\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":97},{"sectionNumber":"78","sectionType":"section","heading":"Conduct of representative","content":"78 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\ndeclared provision of this Act.\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent approval is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent approval; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 51\n(b) the representative had the fault element in relation to the\nphysical element.\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":98},{"sectionNumber":"79","sectionType":"section","heading":"Criminal liability of partner in partnership","content":"79 Criminal liability of partner in partnership\n(1) A partner in a partnership commits an offence if:\n(a) another partner in the partnership (the offender) commits an\noffence in the course of the activities of the partnership by\ncontravening a declared provision (a relevant offence); and\n(b) the partner was in a position to influence the conduct of the\noffender in relation to the contravention; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 52\n(c) the partner failed to take reasonable steps to prevent the\ncontravention.\nFault element: The partner was reckless about whether the\ncontravention would happen.\n(2) This section does not affect the liability of the offender.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the relevant offence, but does not apply if the\noffender would have a defence to a prosecution for the relevant\noffence.\npartner, of a partnership, includes a person who is concerned with,\nor takes part in, the management of the partnership.\npartnership does not include an incorporated limited partnership\nformed under the Partnership Act 1997.\n","sortOrder":99},{"sectionNumber":"80","sectionType":"section","heading":"Criminal liability of manager of unincorporated association","content":"80 Criminal liability of manager of unincorporated association\n(1) A manager of an unincorporated association commits an offence if:\n(a) another manager of the association (the offender) commits an\noffence in the course of the activities of the association by\ncontravening a declared provision (a relevant offence); and\n(b) the manager was in a position to influence the conduct of the\noffender in relation to the contravention; and\n(c) the manager failed to take reasonable steps to prevent the\ncontravention.\nFault element: The manager was reckless about whether\nthe contravention would happen.\n(2) This section does not affect the liability of the offender.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the relevant offence, but does not apply if the\noffender would have a defence to a prosecution for the relevant\noffence.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 53\nmanager, of an unincorporated association, means a person who is\nconcerned with, or takes part in, the management of the\nassociation.\n","sortOrder":100},{"sectionNumber":"81","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"81 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence (a relevant offence)\nby contravening a declared provision; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention; and\n(d) the officer was reckless about whether the contravention\nwould happen.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 54\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":101},{"sectionNumber":"82","sectionType":"section","heading":"Alternative verdicts","content":"82 Alternative verdicts\n(1) This section applies if, on the trial of a person charged with an\noffence against a provision mentioned in the following Table (the\nprosecuted offence), the trier of fact:\n(a) is not satisfied beyond reasonable doubt the person\ncommitted the prosecuted offence; but\n(b) is satisfied beyond reasonable doubt the person committed\nthe offence, or the offence of attempting to commit the\noffence, mentioned in the Table opposite the prosecuted\noffence (the alternative offence).\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\nTable Alternative verdicts\nItem Prosecuted offence Alternative offence\n1 section 13(1) section 13(4)\n2 section 13(3) section 13(4)\n3 section 14(1) section 14(2)\n","sortOrder":102},{"sectionNumber":"83","sectionType":"section","heading":"Judicial notice","content":"83 Judicial notice\nIn any proceeding, a signature purporting to be the signature of the\nCEO is evidence of the signature it purports to be.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 55\n","sortOrder":103},{"sectionNumber":"84","sectionType":"section","heading":"Evidentiary certificate","content":"84 Evidentiary certificate\nIn a proceeding for an offence against this Act, a certificate signed\nby the CEO stating any of the following matters is evidence of the\nmatter:\n(a) a stated liquid is a beverage;\n(b) a stated container is a permitted container;\n(c) a stated plastic bag is a prohibited plastic bag;\n(d) a stated person was an authorised officer on a stated day;\n(e) a stated notice or other document was made, given or issued\non a stated day.\n","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Approved forms","content":"85 Approved forms\nThe CEO may approve forms for this Act.\n","sortOrder":105},{"sectionNumber":"86","sectionType":"section","heading":"Delegation","content":"86 Delegation\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act to the CEO.\n(2) The CEO may delegate any of the CEO's powers and functions\nunder this Act to a public sector employee.\n","sortOrder":106},{"sectionNumber":"87","sectionType":"section","heading":"Authorised officers","content":"87 Authorised officers\n(1) An authorised officer is a person appointed under subsection (2)\nas an authorised officer.\n(2) The CEO may appoint a public sector employee or other person as\nan authorised officer.\n(3) However, the CEO may appoint a person as an authorised officer\nonly if satisfied the person has the appropriate qualifications or\nexperience to exercise the powers and perform the functions of an\nauthorised officer.\n(4) An authorised officer has the powers and functions of an authorised\nofficer under this Act as stated in the appointment.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 56\n","sortOrder":107},{"sectionNumber":"88","sectionType":"section","heading":"Identity card","content":"88 Identity card\n(1) The CEO must give each authorised officer an identity card stating\nthe person's name and that the person is an authorised officer.\n(2) The identity card must:\n(a) display a recent photograph of the officer; and\n(b) state the card's date of issue; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":108},{"sectionNumber":"89","sectionType":"section","heading":"Production of identity card","content":"89 Production of identity card\nAn authorised officer exercising a power or performing a function\nunder this Act in relation to a person must, if asked by the person,\nproduce the officer's identity card for the person's inspection.\n","sortOrder":109},{"sectionNumber":"90","sectionType":"section","heading":"Return of identity card","content":"90 Return of identity card\n(1) A person who ceases to be an authorised officer must return the\nperson's identity card to the CEO within 21 days after the cessation.\nMaximum penalty: 5 penalty units.\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":110},{"sectionNumber":"91","sectionType":"section","heading":"Protection from liability","content":"91 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(aa) the CEO;\n(a) an authorised officer;\n(b) a person assisting an authorised officer under Part 4.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 57\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":111},{"sectionNumber":"91A","sectionType":"section","heading":"Acquisition on just terms","content":"91A Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":112},{"sectionNumber":"92","sectionType":"section","heading":"Annual report","content":"92 Annual report\n(1) The CEO must prepare a report for each financial year about the\nadministration of this Act.\n(2) The Minister must table the annual report in the Legislative\nAssembly within 4 months after the end of the financial year.\n","sortOrder":113},{"sectionNumber":"93","sectionType":"section","heading":"Regulations","content":"93 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) matters to improve the efficiency or effectiveness of the whole\nCDS or any feature of the CDS;\n(b) fees payable under this Act;\n(c) applying, adopting or incorporating (with or without changes)\nthe whole or part of a document as in force or existing at a\nparticular time or from time to time;\n(d) an offence against a regulation to be an offence of strict or\nabsolute liability but not with a penalty exceeding 100 penalty\nunits.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 58\n(2A) A regulation may be made for a matter mentioned in\nsubsection (2)(a) even if the improvement of the efficiency or\neffectiveness of a particular matter results in another matter being\nless efficient or effective.\n(3) A regulation may contain transitional provisions for containers:\n(a) that become regulated containers (whether on the start of the\nCDS or a later date); and\n(b) that are:\n(i) held by manufacturers, distributors or beverage retailers\nfor sale; or\n(ii) sold but not delivered as empty containers for payment\nof the refund amount under the CDS.\n","sortOrder":114},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional matters for Environment","content":"Part 7 Transitional matters for Environment\nProtection (Beverage Containers and Plastic\nBags) Legislation Amendment Act 2014\n","sortOrder":115},{"sectionNumber":"94","sectionType":"section","heading":"Definitions","content":"94 Definitions\namended, in relation to a specified provision, means the provision\nof this Act as in force on and after the commencement day.\namendment Act means the Environment Protection (Beverage\nContainers and Plastic Bags) Legislation Amendment Act 2014.\nappropriate WMA means a waste management arrangement that\nmeets the criteria for approval mentioned in section 23A(1)(a)\nto (d).\nCEO means the CEO as defined in the former Act.\ncommencement day means the day on which this Act\ncommences.\nexisting validated approval, see section 96(4).\nformer, in relation to a specified provision, means the provision as\nin force immediately before the commencement day.\nformer Act means this Act as in force before the commencement\nday.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 59\nrelated WMA, in relation to an existing validated approval, means a\nwaste management arrangement to which that approval relates.\nreplacement approval, see section 98(2).\n","sortOrder":116},{"sectionNumber":"95","sectionType":"section","heading":"Existing application relating to CDS approval","content":"95 Existing application relating to CDS approval\n(1) The NT EPA must decide an existing application under amended\nPart 2, Division 6, Subdivision 1 or 2 (as relevant).\n(2) To enable the NT EPA to decide the existing application, it may\nrequire the applicant to give information in addition to the\ninformation given to the CEO.\nexisting application means an application for any of the following\nthat was made, but not decided, under former Part 2, Division 6,\nSubdivision 1 or 2 (as relevant):\n(a) a CDS approval;\n(b) the renewal of a CDS approval;\n(c) the variation of conditions of a CDS approval.\n","sortOrder":117},{"sectionNumber":"96","sectionType":"section","heading":"Validation of CDS approvals","content":"96 Validation of CDS approvals\n(1) The grant or purported grant of a CDS approval before the\ncommencement day is declared to be, and to always have been, a\nvalid exercise of power by the CEO.\n(2) The validity of the grant or purported grant is not affected merely\nbecause a waste management arrangement to which the CDS\napproval relates may not have been completely effective for the\npurposes of the former Act.\n(3) If a CDS approval that was the subject of a grant or purported grant\nmentioned in subsection (1) is no longer in force immediately before\nthe commencement day, it is declared that the approval was valid\nand had effect under the former Act in accordance with the\nconditions to which the approval was subject.\n(4) If a CDS approval that was the subject of a grant or purported grant\nmentioned in subsection (1) is in force immediately before the\ncommencement day, it is declared that the approval is, and always\nhas been, a validated approval (an existing validated approval).\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 60\n","sortOrder":118},{"sectionNumber":"97","sectionType":"section","heading":"Continuation of existing validated approval and related WMA","content":"97 Continuation of existing validated approval and related WMA\n(1) An existing validated approval continues in force on and after the\ncommencement day subject to the following conditions:\n(a) in relation to each approval – the conditions stated in the\napproval under former section 24(3);\n(b) in relation to a supply approval – the conditions mentioned in\nsection 24A(1);\n(c) in relation to a collection approval – the condition mentioned in\nsection 24B;\n(d) if a related WMA is also an appropriate WMA – the condition\nmentioned in amended section 24(b), in relation to the\nappropriate WMA, as if a reference in that paragraph to an\napproved waste management arrangement were a reference\nto an appropriate WMA;\n(e) if a related WMA that is also an appropriate WMA ceases to\nmeet the criteria for approval mentioned in section 23A(1)(a)\nto (d) as a result of the granting of a replacement approval to a\nCDS participant who is a party to the related WMA – the\ncondition that the holder of the approval must, after being\ngiven a notice under section 98(2), enter into one or more\nappropriate WMAs to enable the holder to apply for a\nreplacement approval as requested in the notice;\n(f) if no related WMA is an appropriate WMA – the condition that\nthe holder of the approval must, after being given a notice\nunder section 98(2), enter into one or more appropriate WMAs\nto enable the holder to apply for a replacement approval as\nrequested in the notice.\nExample for subsection (1)(e)\nA related WMA that is an operator arrangement may cease to meet the criteria\nfor approval because a replacement coordinator approval contains provisions\nthat have the effect of requiring the CDS coordinator who is a party to the\noperator arrangement to make arrangements with the holder of the existing\nvalidated collection approval for the sorting of empty approved containers by\nreference to material type.\n(2) If an existing validated approval has more than one related WMA\nand not all of those WMAs are appropriate WMAs, the NT EPA may\ngive the holder of the approval a notice requiring the holder to\nsubmit one or more waste management arrangements, within the\nperiod specified in the notice, to enable the NT EPA to decide\nwhether or not to approve the arrangements under section 23A to\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 61\nreplace the related WMAs.\n(3) The NT EPA may extend the period specified in a notice given\nunder subsection (2), by a further period not exceeding the duration\nof the original period, if:\n(a) the holder of the existing validated approval applies to the\nNT EPA in writing for the extension before the end of the\noriginal period; and\n(b) the NT EPA is satisfied it is reasonable in the circumstances\nto extend the period.\n(4) If the holder of an existing validated approval does not comply with\na notice given to the holder under subsection (2) within the period it\nspecifies, or as extended under subsection (3):\n(a) the NT EPA may take action under Part 2, Division 6,\n","sortOrder":119},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"on the ground that the holder has contravened","content":"Subdivision 3 on the ground that the holder has contravened\nthe requirement of the NT EPA; and\n(b) if the NT EPA takes that action – a reference in section 37(a)\nto a provision of this Act is taken to be a reference to a\nrequirement of the NT EPA under subsection (2).\n(5) A related WMA continues to apply on and after the commencement\nday according to its provisions as in force on the commencement\nday, as follows:\n(a) in relation to an appropriate WMA mentioned in\nsubsection (1)(d) – until the earliest of the following:\n(i) the day on which the appropriate WMA is varied or\nreplaced by an approved waste management\narrangement as a result of compliance with the condition\nimposed by subsection (1)(d);\n(ii) the day on which the existing validated approval ceases\nto be in force;\n(b) in relation to a related WMA mentioned in subsection (1)(e)\nor (f) – until the existing validated approval is cancelled under\nsection 100;\n(c) in relation to a related WMA the subject of a notice given\nunder subsection (2) – until the earliest of the following:\n(i) the day on which the related WMA is replaced by an\napproved waste management arrangement;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 62\n(ii) the day on which the existing validated approval ceases\nto be in force (which may be as a result of cancellation\nby the NT EPA following action taken under Part 2,\nDivision 6, Subdivision 3).\n(6) This section does not prevent the holder of a CDS approval granted\nunder the former Act from applying to the NT EPA for the\ncancellation of the approval because the holder has ceased to be a\nCDS participant.\n","sortOrder":120},{"sectionNumber":"98","sectionType":"section","heading":"CDS approval required to replace existing validated approval","content":"98 CDS approval required to replace existing validated approval\n(1) This section applies in relation to an existing validated approval if\nthe condition in section 97(1)(e) or (f) applies.\n(2) The NT EPA must give the holder of the existing validated approval\na notice requesting the holder to apply, within the relevant\nprescribed period, for a CDS approval to replace the existing\nvalidated approval (a replacement approval).\n(3) The notice must be given:\n(a) in relation to the existing validated approval to which the\ncondition in section 97(1)(e) applies – as soon as practicable\nafter the NT EPA becomes aware that the related WMA has\nceased to be an appropriate WMA; and\n(b) in relation to the existing validated approval to which the\ncondition in section 97(1)(f) applies – as soon as practicable\nafter the commencement day.\n(4) The notice must state that the existing validated approval will be\ncancelled:\n(a) if the holder of the existing validated approval applies for, and\nis granted, a replacement approval; or\n(b) if the holder does not apply for a replacement approval:\n(i) within the relevant prescribed period; or\n(ii) if applicable – before the expiry of the period extended\nunder subsection (5).\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 63\n(5) Subject to section 99(6), the NT EPA may extend the relevant\nprescribed period, by no more than 6 months, if:\n(a) the holder of the existing validated approval applies to the\nNT EPA for the extension:\n(i) in writing; and\n(ii) no later than 30 days before the end of the relevant\nprescribed period; and\n(b) the NT EPA is satisfied it is reasonable in the circumstances\nto extend the period.\n(6) If the NT EPA refuses to extend the relevant prescribed period:\n(a) it must give the holder of the existing validated approval a\nreview notice; and\n(b) Part 2, Division 7 applies.\n(7) Part 2, Division 6, Subdivision 1 applies in relation to an application\nfor a replacement approval.\n(8) In this section:\nrelevant prescribed period means the following period:\n(a) in relation to an existing validated approval to which the\ncondition in section 97(1)(e) applies – 2 months after the day\non which the notice is given to the holder under\nsubsection (2);\n(b) in relation to an existing validated approval to which the\ncondition in section 97(1)(f) applies:\n(i) if the existing validated approval is a coordinator\napproval – 6 months after the day on which the notice is\ngiven to the holder under subsection (2); or\n(ii) if the existing validated approval is a collection approval\nor supply approval – 8 months after the day on which the\nnotice is given to the holder under subsection (2).\n","sortOrder":121},{"sectionNumber":"99","sectionType":"section","heading":"Arbitration","content":"99 Arbitration\n(1) This section applies if the parties to a related WMA are unable to\nreach agreement about the provisions of an appropriate WMA\nwithin the prescribed period.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 64\n(2) If the appropriate WMA is a coordinator arrangement, the matters in\ndispute must be decided by an arbitrator in the Territory.\n(3) If the appropriate WMA is a supplier arrangement or operator\narrangement, the parties to the related WMA may agree that the\nmatters in dispute be decided by an arbitrator in the Territory.\n(4) A notice relating to arbitration, signed by the parties to the related\nWMA, must be given to the NT EPA before the end of the\nnegotiation period and must state:\n(a) that the parties are unable to reach agreement about the\nprovisions of the appropriate WMA; and\n(b) the matter is to be referred to an arbitrator in the Territory; and\n(c) whether or not the parties have reached an agreement about\nthe arbitrator who is to decide the matter; and\n(d) if the parties have reached an agreement mentioned in\nparagraph (c) – the details of the arbitrator.\n(5) If the parties are unable to reach an agreement mentioned in\nsubsection (4)(c), the NT EPA must appoint an arbitrator.\n(6) The NT EPA may extend the negotiation period, as necessary, to\nenable the completion of arbitration, the signing of an appropriate\nWMA and the granting of a replacement approval.\n(7) An arbitrator's decision for this section is binding on the parties to\nthe arbitration proceedings.\n(8) However, if the arbitrator's decision relates to a coordinator\narrangement and a CDS coordinator disagrees with the decision,\nthe coordinator:\n(a) may elect:\n(i) not to be bound by the decision; and\n(ii) not to continue as a CDS coordinator; and\n(b) if the coordinator makes that election – must give written\nnotice of the election, within 7 days after being notified of the\narbitrator's decision, to:\n(i) the arbitrator and each CDS participant who was a party\nto the arbitration proceedings; and\n(ii) the NT EPA.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 65\n(9) The costs of arbitration must be shared equally by the parties,\nincluding a CDS coordinator who has decided not to continue as a\nCDS coordinator.\n(10) In this section:\nnegotiation period means the following:\n(a) the relevant prescribed period under section 98;\n(b) if the period has been extended under section 98(5) – the\nextended period.\nprescribed period means the period that ends 14 days before the\nend of the negotiation period.\n","sortOrder":122},{"sectionNumber":"100","sectionType":"section","heading":"Cancellation of existing validated approval","content":"100 Cancellation of existing validated approval\n(1) The NT EPA must cancel an existing validated approval:\n(a) if the NT EPA has granted a CDS approval to replace the\nexisting validated approval – on the day the CDS approval is\ngranted (unless the existing validated approval has ceased to\nbe in force on the date stated in it); or\n(b) if a circumstance mentioned in section 98(4)(b) applies – on\nthe day after the expiry of the relevant period; or\n(c) if notice is given to the NT EPA under section 99(8)(b) – on\nthe day the notice is given.\n(2) The NT EPA must give a notice of cancellation under\nsubsection (1)(b) to the person who held the existing validated\n","sortOrder":123},{"sectionNumber":"101","sectionType":"section","heading":"Continuation of certain rights under existing validated","content":"101 Continuation of certain rights under existing validated\n(1) Subsection (3) applies in relation to the holder of an existing\nvalidated approval that is a collection approval if the holder:\n(a) delivered relevant containers to a CDS coordinator before the\ncommencement day; or\n(b) delivers relevant containers to a CDS coordinator on or after\nthe commencement day.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 66\n(2) Subsection (3) also applies if the existing validated approval is\ncancelled and the person who previously held the approval:\n(a) paid a refund amount for relevant containers delivered to the\nperson on or before the day on which the person was given a\ncancellation notice; and\n(b) delivers the relevant containers to a CDS coordinator on or\nafter that day.\n(3) Former section 20(2) to (4) continues to apply, as if former\nsection 20 had not been repealed by the amendment Act, in relation\nto the rights of the operator:\n(a) to require and receive payment from the CDS coordinator; and\n(b) if the coordinator does not pay the amount as required – to\nrecover the amount as a debt payable to the operator.\nrelevant containers means containers to which a circumstance\nmentioned in former section 20(1)(a) to (c) applies.\ncancellation notice means a notice given under section 100(2).\n","sortOrder":124},{"sectionNumber":"102","sectionType":"section","heading":"Suspension or cancellation of CDS approval under Part 2","content":"102 Suspension or cancellation of CDS approval under Part 2\n(1) This section applies if the CEO:\n(a) gave a show cause notice to the holder of a CDS approval\nunder former section 38; and\n(b) had not, before the commencement day, made a decision in\nrelation to the suspension or cancellation of the approval.\n(2) The NT EPA must continue to deal with the matter under amended\nPart 2, Division 6, Subdivision 3.\n","sortOrder":125},{"sectionNumber":"103","sectionType":"section","heading":"Offences","content":"103 Offences\n(1) A prosecution for an offence against amended section 18(1) or\namended section 19(1) may be commenced only in relation to\napproved containers delivered to the collection depot on or after the\ncommencement day.\n(2) The repeal of former section 18(2) or former section 19(1) does not\naffect the starting or continuation of a prosecution in relation to\napproved containers delivered to the approved collection depot\nbefore the commencement day.\n\n","sortOrder":126},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Territory Economic","content":"Part 8 Transitional matters for Statute Law Amendment (Territory Economic\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 67\n","sortOrder":127},{"sectionNumber":"104","sectionType":"section","heading":"Continuation of approved forms","content":"104 Continuation of approved forms\nAn approved form in use immediately before the commencement\nday continues to have effect as if it had been approved by the\nNT EPA under amended section 85.\nPart 8 Transitional matters for Statute Law\nAmendment (Territory Economic\n","sortOrder":128},{"sectionNumber":"105","sectionType":"section","heading":"Definitions","content":"105 Definitions\namending Act means Part 6 of the Statute Law Amendment\n(Territory Economic Reconstruction) Act 2021.\ncommencement means commencement of the amending Act.\n","sortOrder":129},{"sectionNumber":"106","sectionType":"section","heading":"Supply approval holder taken to be registered","content":"106 Supply approval holder taken to be registered\n(1) A person who held a supply approval that was in force immediately\nbefore the commencement is, on and after the commencement,\ntaken to be registered as a CDS supplier under Part 2, Division 6A\nsubject to:\n(a) the conditions set out in section 41D(1)(a) to (f); and\n(b) if the person's supply approval was, immediately before the\ncommencement, subject to any conditions imposed by the\nNT EPA under section 24(d) – those conditions; and\n(c) if the person's supply approval was, immediately before the\ncommencement, suspended – the same period of suspension.\n(2) The NT EPA must, as soon as practicable after the\ncommencement, issue a registration certificate to each person who\nis taken to be registered under subsection (1).\n(3) The NT EPA may, by written notice, require a person who is taken\nto be registered under subsection (1) to give to the NT EPA any\ninformation required by the NT EPA for the purposes of issuing a\nregistration certificate to the person.\n(4) If the person fails to give the NT EPA the information required\nwithin the reasonable period stated in the notice, the NT EPA may\ncancel the person's registration.\n\nPart 8 Transitional matters for Statute Law Amendment (Territory Economic\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 68\n(5) If the NT EPA cancels a person's registration under subsection (4),\nthe following apply:\n(a) the NT EPA must give the person written notice of the\ncancellation;\n(b) the NT EPA is not required to give the person a review notice\nfor the decision to cancel the registration;\n(c) the cancellation takes effect on the day the notice mentioned\nin paragraph (a) is given to the person.\n","sortOrder":130},{"sectionNumber":"107","sectionType":"section","heading":"Application for supply approval","content":"107 Application for supply approval\n(1) Subsections (2) and (3) apply if, before the commencement:\n(a) the application was made under section 21 for a supply\napproval or the renewal of a supply approval; and\n(b) the application was not decided by the NT EPA.\n(2) The NT EPA must deal with and decide the application in\n(3) However, if the application is granted, the applicant is taken to be\ngranted registration as a CDS supplier under Part 2, Division 6A.\n","sortOrder":131},{"sectionNumber":"108","sectionType":"section","heading":"Approval of supplier arrangement","content":"108 Approval of supplier arrangement\n(1) Subsection (2) applies if, before the commencement:\n(a) a supplier arrangement was given to the NT EPA for approval\nunder section 23A; and\n(b) the NT EPA did not make a decision about the supplier\narrangement.\n(2) The NT EPA must deal with the supplier arrangement in\n","sortOrder":132},{"sectionNumber":"109","sectionType":"section","heading":"Offences – before and after commencement","content":"109 Offences – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n\n","sortOrder":133},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Environment Legislation Amendment Act 2021","content":"Part 9 Transitional matters for Environment Legislation Amendment Act 2021\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 69\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\nPart 9 Transitional matters for Environment\nLegislation Amendment Act 2021\n","sortOrder":134},{"sectionNumber":"110","sectionType":"section","heading":"Definitions","content":"110 Definitions\namending Act means the Environment Legislation Amendment\nAct 2021.\ncommencement means the commencement of Part 3 of the\namending Act.\n","sortOrder":135},{"sectionNumber":"111","sectionType":"section","heading":"Approval of waste management arrangements","content":"111 Approval of waste management arrangements\n(1) Subsection (2) applies if, before the commencement:\n(a) a waste management arrangement was given to the NT EPA\nfor approval under section 23A; and\n(b) the NT EPA did not make a decision about the waste\nmanagement arrangement.\n(2) The NT EPA must deal with the waste management arrangement in\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 70\n","sortOrder":136},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Environment","content":"Part 10 Transitional matters for Environment\nProtection (Beverage Containers and Plastic\nBags) Legislation Amendment (Expansion of\nCDS and Other Matters) Act 2025\n","sortOrder":137},{"sectionNumber":"112","sectionType":"section","heading":"Definitions","content":"112 Definitions\namending Act means the Environment Protection (Beverage\nContainers and Plastic Bags) Legislation Amendment (Expansion of\nCDS and Other Matters) Act 2025.\ncommencement means the day on which Part 2 of the amending\nAct commences.\nNT EPA means the Northern Territory Environment Protection\nAuthority established by section 6 of the Northern Territory\nEnvironment Protection Authority Act 2012.\n","sortOrder":138},{"sectionNumber":"113","sectionType":"section","heading":"Continuation of ongoing documents and actions","content":"113 Continuation of ongoing documents and actions\n(1) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\nCEO.\n(2) On the commencement, an ongoing action continues with the same\nforce and effect as if it had been done by, or in relation to, the CEO.\nongoing action means an action or thing that:\n(a) was done by, or in relation to, the NT EPA before the\ncommencement in or for the exercise of a power or\nperformance of a function under this Act that, on the\ncommencement, is conferred on the CEO; and\n(b) immediately before the commencement, had ongoing effect.\nongoing document means a document that:\n(a) was issued by, or given to, the NT EPA before the\ncommencement in or for the exercise of a power or\nperformance of a function under this Act that, on the\ncommencement, is conferred on the CEO; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 71\n(b) immediately before the commencement, had ongoing effect.\n","sortOrder":139},{"sectionNumber":"114","sectionType":"section","heading":"NTCAT review limited to decisions made after commencement","content":"114 NTCAT review limited to decisions made after commencement\nSection 46, as inserted by section 6 of the amending Act, applies\nonly in relation to a reviewable decision that is made after the\n","sortOrder":140},{"sectionNumber":"115","sectionType":"section","heading":"Applications for review not made before commencement","content":"115 Applications for review not made before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to make an application to the Local Court for\nreview of a decision under section 46 as in force before the\ncommencement; and\n(b) had not yet made an application for review of the decision.\n(2) The person may apply to the Local Court for review of the decision\nin accordance with section 46 as in force before the\n(3) Subject to section 117, the Local Court must hear and decide the\nperson's application in accordance with sections 47 and 48 as in\nforce before the commencement.\n","sortOrder":141},{"sectionNumber":"116","sectionType":"section","heading":"Applications for review not determined before commencement","content":"116 Applications for review not determined before commencement\n(1) Subsection (2) applies in relation to an application to the Local\nCourt for review of a decision that:\n(a) was made by a person under section 46 as in force before the\ncommencement; and\n(b) had not been finally determined by the Local Court before the\n(2) Subject to section 117, the Local Court must continue to hear and\ndecide the person's application in accordance with sections 47\nand 48 as in force before the commencement.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 72\n","sortOrder":142},{"sectionNumber":"117","sectionType":"section","heading":"Referral of matters to CEO on reviews determined after","content":"117 Referral of matters to CEO on reviews determined after\ncommencement\n(1) If a decision of the Local Court on a review referred to in\nsection 115(3) or 116(2) would require the matter that is the subject\nof the review to be referred to the NT EPA to be reconsidered in\naccordance with the Court's directions, the Court:\n(a) must instead refer the matter to the CEO for reconsideration;\nand\n(b) may make any orders and give any directions that it considers\nappropriate to facilitate the referral of the matter to the CEO\ninstead of the NT EPA.\n(2) For the reconsideration of the referred matter, the CEO may make\nany decision under the Act as in force before the commencement\nthat could have been made by the NT EPA in accordance with the\nLocal Court's directions if the matter had been referred to it.\n","sortOrder":143},{"sectionNumber":"118","sectionType":"section","heading":"Judicial notice and evidentiary certificates","content":"118 Judicial notice and evidentiary certificates\nDespite the amendments to sections 83 and 84 made by the\namending Act, sections 83 and 84, as in force immediately before\nthe commencement, continue to apply in relation to a document\nsigned by the chairperson of the NT EPA before the\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 73\n","sortOrder":144},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Agreements for coordinator arrangement","content":"Schedule 1 Agreements for coordinator arrangement\nprovisions\nsection 12(3)\n1 Definitions\naccepted containers means empty permitted containers that:\n(a) are the subject of a primary coordinator's supplier\narrangements; and\n(b) have been accepted by a secondary coordinator from an\noperator of an approved collection depot.\nmarket share, of a CDS coordinator, means the coordinator's\nshare of the total number of all permitted containers sold in the\nTerritory during a quarter calculated by reference to the numbers\nstated in all of the sales declarations for that quarter.\nprimary coordinator, in relation to permitted containers, means a\nCDS coordinator who is a party to a supplier arrangement relating\nto those containers.\nsales declaration means a statutory declaration given under an\nagreement mentioned in clause 2.\nsecondary coordinator, in relation to permitted containers, means\na CDS coordinator who:\n(a) accepts the containers, when empty, from an operator with\nwhom the coordinator has a operator arrangement; and\n(b) is not a party to the supplier arrangement relating to those\ncontainers.\n2 Quarterly sales declaration\n(1) An agreement that each CDS coordinator must give to each other\ncoordinator, in each quarter, a statutory declaration stating the\nfollowing:\n(a) the total number of permitted containers, by reference to\nmaterial types, anticipated to be sold in the Territory during the\ncurrent quarter;\n(b) the total number of permitted containers, by reference to\nmaterial types, actually sold in the Territory during the\nprevious quarter;\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 74\n(c) an adjustment of the numbers of permitted containers for the\nprevious quarter, taking into account the difference between:\n(i) the number anticipated to be sold during that quarter as\nstated in the previous statutory declaration; and\n(ii) the number actually sold during that quarter as stated for\nparagraph (b).\n(2) The agreement must require the statutory declaration to be given\nby a CDS coordinator within 7 days after the day on which the\ncoordinator has been given all of the supplier sales documents for\nthe previous quarter.\n(3) For subclause (1)(a), the total number of permitted containers\nanticipated to be sold during the current quarter, by material type, is\nto be stated as the total number of those containers actually sold by\nthe CDS supplier in the previous quarter.\n(4) For subclause (1)(b), the total number of permitted containers\nactually sold during the previous quarter is as specified in all of the\nsupplier sales documents for that quarter.\nNotes for clause 2\n1 All of the statutory declarations for a quarter show the total sales in the\nTerritory of permitted containers by reference to material types.\n2 The numbers of permitted containers stated by a CDS coordinator in the\ncoordinator's statutory declaration indicate the market share of the\ncoordinator relevant to the calculations mentioned in clauses 6, 7 and 8.\n3 Sorting empty permitted containers\nAn agreement that each coordinator must specify in each operator\narrangement the material types (including categories of material\ntypes), into which empty permitted containers must be sorted by the\noperator.\n4 Weighing and counting accepted containers\n(1) An agreement about the method to be used by a secondary\ncoordinator for the following:\n(a) weighing accepted containers;\n(b) counting accepted containers;\n(c) recording the weight or numbers of the accepted containers.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 75\n(2) The agreement must require the secondary coordinator to weigh or\ncount the accepted containers in the material types into which they\nare sorted when accepted.\n5 Operator costs and process fee\n(1) An agreement that a primary coordinator must pay an amount to a\nsecondary coordinator in relation to:\n(a) operator costs; and\n(b) a process fee.\n(2) For subclause (1)(a), operator costs are:\n(a) the refund amounts paid by the secondary coordinator to an\noperator for accepted containers; and\n(b) the amount paid by the secondary coordinator to the operator\nfor the collection, sorting, aggregation and delivery of the\naccepted containers by the operator.\n(3) For subclause (1)(b), the process fee is the fee for the secondary\ncoordinator carrying out the processes necessary to prepare\naccepted containers for transportation to a person or place for\nreuse, recycling or appropriate disposal.\n(4) The agreement must:\n(a) require the secondary coordinator to keep:\n(i) a record of the number of accepted containers by\nreference to each material type; and\n(ii) documents to verify the method used for counting the\ncontainers; and\n(b) specify the basis on which the process fee is payable (for\nexample, the payment of a specified amount for each\naccepted container dealt with by the secondary coordinator).\n(5) The agreement must require the secondary coordinator to calculate\nthe amount payable by the primary coordinator in relation to\naccepted containers using:\n(a) a method of calculation specified in the agreement; or\n(b) the following formula:\nA = B x (C + D)\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 76\nwhere:\nA is the amount claimed.\nB is the market share of the primary coordinator in relation to the\ncontainers based on the most recent sales declarations.\nC is the operator costs in relation to the containers.\nD is the process fee in relation to the containers.\n(6) The agreement must require:\n(a) the secondary coordinator to give the primary coordinator a\nwritten claim for payment accompanied by copies of\ndocuments that provide evidence of the calculation of the\namount claimed; and\n(b) the primary coordinator to pay the secondary coordinator the\namount payable within the time specified in the agreement,\nwhich must not exceed 14 days after receipt of the claim.\n6 Transportation costs and proceeds of sale\n(1) An agreement that, for the transportation by a secondary\ncoordinator of accepted containers to a person or place for reuse,\nrecycling or appropriate disposal and for the sale of the containers:\n(a) the primary coordinator must pay an amount to the secondary\ncoordinator if the transportation costs exceed the proceeds of\nthe sale; or\n(b) the secondary coordinator must pay an amount to the primary\ncoordinator if the proceeds of the sale exceed the\ntransportation costs.\n(2) The agreement must require the secondary coordinator to calculate\nthe amount payable by the primary coordinator or secondary\ncoordinator, in relation to the accepted containers, using:\n(a) a method of calculation specified in the agreement; or\n(b) the following formula:\nA = B x (C – D)\nwhere:\nA is the amount payable.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 77\nB is the market share of the primary coordinator in relation to the\ncontainers based on the most recent sales declarations.\nC is the cost of transportation of the containers.\nD is the amount received by the secondary coordinator from the\nproceeds of the sale of the containers following transportation.\n(3) The agreement must require:\n(a) the secondary coordinator to give the primary coordinator a\nwritten statement of the amount payable accompanied by\ncopies of documents that provide evidence of the calculation\nof the amount; and\n(b) the coordinator who is liable to pay the amount to do so within\nthe time specified in the agreement, which must not exceed\n14 days after the day on which the statement is given by the\nsecondary coordinator.\n7 Revision of claims for payment\n(1) An agreement that a secondary coordinator must revise a claim\nmade under clause 5 or 6 if the primary coordinator's market share,\nas calculated, requires revision because of an adjustment of the\nnumbers of accepted containers stated in subsequent sales\ndeclarations.\n(2) The agreement must require the secondary coordinator to give the\nprimary coordinator a written statement showing the revision, and\nhow it is calculated, and specify that:\n(b) if the primary coordinator is liable to pay an additional amount\nto the secondary coordinator, the amount must be paid within\nthe time specified in the agreement, which must not exceed\n14 days after receipt of the statement; and\n(c) if the secondary coordinator is liable to refund an amount to\nthe primary coordinator because of an overpayment, the\namount must be refunded within the time specified in the\nagreement, which must not exceed 14 days after the\nstatement is given.\n8 Audits\n(1) An agreement that one auditor, named in the agreement, must be\nappointed by the CDS coordinators to:\n(a) conduct an audit of each coordinator's relevant information for\na financial year; and\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 78\n(b) give each coordinator a written report in relation to all of that\ninformation.\n(2) The agreement must specify:\n(a) the time within which the auditor must conduct the audit and\ngive the report; and\n(b) how the CDS coordinators will pay the auditor's costs.\n(3) An agreement that if, at any time, a CDS coordinator believes on\nreasonable grounds that any of the relevant information given by\nanother coordinator is inaccurate:\n(a) the coordinator may request the auditor named in the\nagreement mentioned in subclause (1) to audit the relevant\ninformation and give the coordinator a written report in relation\nto the information; and\n(b) if the auditor's report states that the relevant information is\ninaccurate, the coordinator who gave that information must\npay the auditor's costs; and\n(c) if the auditor's report states that the relevant information is\naccurate, the coordinator who requested the audit must pay\nthe auditor's costs.\n(4) The agreement under subclause (3) must specify that:\n(a) if inaccurate information is found by the auditor, and a primary\ncoordinator has paid a secondary coordinator more than the\ncoordinator was entitled to be paid, the secondary coordinator\nmust refund the relevant amount to the primary coordinator\nwithin 28 days after receiving the auditor's report; and\n(b) if inaccurate information is found by the auditor, and a primary\ncoordinator has paid a secondary coordinator less than the\ncoordinator was entitled to be paid, the primary coordinator\nmust pay the relevant amount to the secondary coordinator\nwithin 28 days after receiving the auditor's report.\n(5) In this clause:\nauditor means a person who has the necessary formal\nqualifications to audit relevant information and is not a CDS\nparticipant or an employee of a CDS participant.\nrelevant information means financial and other information that is\nrelevant to the matters that are the subject of a coordinator\nagreement.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 79\n","sortOrder":145},{"sectionNumber":"9","sectionType":"section","heading":"Statutory declarations","content":"9 Statutory declarations\nAn agreement that the CDS coordinators may require that any\ninformation to be given under an agreement mentioned in clauses 3\nto 8 must be given by statutory declaration.\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 80\nsection 46\nItem Reviewable decision Affected person\n1 A decision under section 23 not to grant a\n2 A decision under sections 23 and 24(d) to\ngrant a CDS approval subject to conditions\nimposed by the CEO\n3 A decision under section 23 and with\nreference to section 27(2) not to grant a\nrenewal of a CDS approval\nrenewal of the CDS\n4 A decision under sections 23 and 24(d) and\nwith reference to section 27(2) to renew a\nCDS approval subject to conditions imposed\nby the CEO\nrenewal of the CDS\n5 A decision under section 30(1) to vary the\nconditions of a CDS approval\n6 A decision under section 30(1) and with\nreference to section 41H to vary the\nconditions of a CDS supplier's registration\n7 A decision under section 33 or 35 to refuse\nto grant an application to vary the conditions\nof a CDS approval\n8 A decision under section 33 or 35 and with\nreference to section 41H to refuse to grant\nan application to vary the conditions of a\nCDS supplier's registration\n9 A decision under section 41(2) to suspend\nor cancel a CDS approval\n10 A decision under section 41C not to grant\nThe applicant for\n11 A decision under sections 41C\nand 41D(1)(g) to grant registration subject\nto conditions imposed by the CEO\nThe applicant for\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 81\nItem Reviewable decision Affected person\n12 A decision under section 41C and with\nreference to section 41G(2) not to grant a\n13 A decision under sections 41C\nand 41D(1)(g) and with reference to\nsection 41G(2) to grant a renewal of\nregistration subject to conditions imposed\nby the CEO\n14 A decision under section 41(2) and with\nreference to section 41L(1) to suspend or\ncancel a CDS supplier's registration\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 82\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 (Act\nNo. 2, 2011)\nAssent date 4 March 2011\nCommenced pt 2: 3 January 2012 (Gaz S72, 12 December 2011);\nrem: 1 May 2011 (Gaz G15, 13 April 2011, p 11)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act) Gaz\nS3, 27 January 2012))\nEnvironment Protection (Beverage Containers and Plastic Bags) Legislation\nAmendment Act 2014 (Act No. 17, 2014)\nAssent date 2 June 2014\nCommenced ss 9 (to extent it ins s 20), 11 (to extent it ins s 24C), 20 (to\nextent it ins s 101) and 25: 1 January 2017 (Gaz G51,\n21 December 2016, p 11); rem: 30 June 2014 (Gaz S46,\n30 June 2014)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 83\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nEnvironment Legislation Amendment Act 2021 (Act No. 22, 2021)\nAssent date 18 November 2021\nCommenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51,\n22 December 2021, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nEnvironment Protection (Beverage Containers and Plastic Bags) Legislation\nAmendment (Expansion of CDS and Other Matters) Act 2025 (No. 28, 2025)\nAssent date 30 October 2025\nCommenced pt 3: nc; rem: 31 October 2025 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 79.\n4 LIST OF AMENDMENTS\ns 3 amd No. 17, 2014, s 4\ns 4 amd No. 44, 2011, s 26; No. 17, 2014, s 5; No. 19, 2021, s 43; No. 22, 2021,\ns 16; No. 28, 2025, s 4\ns 5 hdg amd No. 4, 2017, s 34\ns 8A ins No. 17, 2014, s 6\namd No. 19, 2021, s 62\npt 2\ndiv 2 hdg sub No. 17, 2014, s 7\ns 10 sub No. 17, 2014, s 7\namd No. 19, 2021, s 44; No. 22, 2021, s 16\ns 11 sub No. 17, 2014, s 7\namd No. 19, 2021, s 45; No. 22, 2021, s 11\ns 12 sub No. 17, 2014, s 7\namd No. 28, 2025, s 5\ns 13 sub No. 19, 2021, s 46\ns 14 amd No. 19, 2021, s 62; No. 4, 2023, s 23\ns 16 amd No. 19, 2021, s 62\npt 2\ndiv 5 hdg amd No. 17, 2014, s 22; No. 19, 2021, s 47\ns 17 amd No. 17, 2014, s 8; No. 19, 2021, s 62\ns 18 sub No. 17, 2014, s 9\namd No. 19, 2021, s 48; No. 22, 2021, s 16\ns 19 sub No. 17, 2014, s 9\namd No. 19, 2021, s 62\ns 20 sub No. 17, 2014, s 9\namd No. 19, 2021, s 62; No. 22, 2021, s 16\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 84\nss 20A – 20B ins No. 19, 2021, s 49\ns 21 amd No. 17, 2014, s 10; No. 19, 2021, s 50; No. 22, 2021, s 16; No. 28,\n2025, s 17\ns 22 amd No. 17, 2014, s 22; No. 28, 2025, s 17\ns 23 sub No. 17, 2014, s 11\namd No. 19, 2021, s 51; No. 22, 2021, s 12; No. 28, 2025, s 17\ns 23A ins No. 17, 2014, s 11\namd No. 19, 2021, s 52\nrep No. 22, 2021, s 13\ns 24 sub No. 17, 2014, s 11\namd No. 19, 2021, s 53; No. 22, 2021, s 14; No. 28, 2025, s 17\ns 24A ins No. 17, 2014, s 11\nrep No. 19, 2021, s 54\ns 24B ins No. 17, 2014, s 11\ns24C ins No. 17, 2014, s 11\namd No. 19, 2021, s 55\ns 25 amd No. 17, 2014, s 22; No. 19, 2021, s 56; No. 28, 2025, s 17\ns 26 amd No. 17, 2014, s 12\ns 29 amd No. 17, 2014, s 22; No. 28, 2025, s 17\ns 30 amd No. 17, 2014, s 13; No. 22, 2021, s 16; No. 28, 2025, s 17\nss 31 – 35 amd No. 17, 2014, s 22; No. 28, 2025, s 17\ns 37 amd No. 17, 2014, s 14; No. 22, 2021, s 16; No. 28, 2025, s 17\nss 38 – 41 amd No. 17, 2014, s 22; No. 28, 2025, s 17\npt 2\ndiv 6\nsdiv 4 hdg rep No. 19, 2021, s 57\npt 2\ndiv 6A hdg ins No. 19, 2021, s 57\npt 2\nsdiv 1 hdg ins No. 19, 2021, s 57\nss 41A – 41E ins No. 19, 2021, s 57\nss 41F – 41H ins No. 19, 2021, s 57\ns 41J ins No. 19, 2021, s 57\npt 2\nsdiv 2 hdg ins No. 19, 2021, s 57\nss 41K – 41L ins No. 19, 2021, s 57\npt 2\nsdiv 3 hdg ins No. 19, 2021, s 57\nss 41M – 41P ins No. 19, 2021, s 57\npt 2\ndiv 6B hdg ins No. 19, 2021, s 57\nss 42 – 43 sub No. 19, 2021, s 57\ns 44 amd No. 17, 2014, s 22\nsub No. 19, 2021, s 57\ns 45 amd No. 17, 2014, s 22; No. 19, 2021, s 62; No. 28, 2025, s 17\npt 2\ndiv 7 hdg sub No. 28, 2025, s 6\ns 46 sub No. 28, 2025, s 6\ns 47 rep No. 28, 2025, s 6\n\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 85\ns 48 amd No. 17, 2014, s 22\nrep No. 28, 2025, s 6\ns 49 sub No. 17, 2014, s 15\namd No. 19, 2021, s 58; No. 28, 2025, s 7\ns 49A ins No. 19, 2021, s 59\namd No. 28, 2025, s 8\nss 55 – 56 amd No. 19, 2021, s 62\ns 64 amd No. 8, 2016, s 45; No. 28, 2025, s 17\ns 65 amd No. 19, 2021, s 62\ns 66 amd No. 19, 2021, s 62; No. 28, 2025, s 17\nss 67 – 68 amd No. 17, 2014, s 22; No. 28, 2025, s 17\nss 70 – 71 amd No. 19, 2021, s 62\ns 72 amd No. 19, 2021, s 60\ns 75 amd No. 19, 2021, s 62\ns 77 amd No. 17, 2014, s 22; No. 28, 2025, s 9\ns 82 amd No. 28, 2025, s 10\ns 83 amd No. 17, 2014, s 22; No. 28, 2025, s 17\ns 84 amd No. 17, 2014, s 22; No. 28, 2025, s 11\ns 85 amd No. 17, 2014, s 22; No. 28, 2025, s 17\ns 86 rep No. 17, 2014, s 16\nins No. 28, 2025, s 12\ns 87 amd No. 17, 2014, s 22; No. 28, 2025, s 17\nss 88 amd No. 17, 2014, s 22; No. 28, 2025, s 13\ns 90 amd No. 17, 2014, s 22; No. 19, 2021, s 62; No. 28, 2025, s 17\ns 91 amd No. 28, 2025, s 14\ns 91A ins No. 17, 2014, s 17\ns 92 sub No. 17, 2014, s 18\ns 93 amd No. 17, 2014, s 19\npt 7 hdg ins No. 17, 2014, s 20\nss 94 – 104 ins No. 17, 2014, s 20\npt 8 hdg ins No. 19, 2021, s 61\ns 105 ins No. 17, 2014, s 20\nexp No. 17, 2014, s 105(5)\nins No. 19, 2021, s 61\nss 106 – 109 ins No. 19, 2021, s 61\npt 9 hdg ins No. 22, 2021, s 15\nss 110 – 111 ins No. 22, 2021, s 15\npt 10 hdg ins No. 28, 2025, s 15\nss 112 – 118 ins No. 28, 2025, s 15\nsch ins No. 17, 2014, s 21\namd No. 19, 2021, s 62; No. 22, 2021, s 16; No. 28, 2025, s 17\nsch 2 ins No. 28, 2025, s 16","sortOrder":146}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded since the original 2011 enactment by a series of amendments that added new participant categories, registration and coordinator rules and expanded administrative powers. Notable mechanical changes recorded in the reprint include the insertion of supplier registration and conditions (Part 2, Div 6A: ss 41A–41M inserted by Act No. 19, 2021), additional coordinator‑arrangement material and a non‑application of certain competition law provisions to coordinator arrangements (s 12 amended and Schedule 1 updated; amendments noted No. 28, 2025 and earlier), and the Ministerial targets/guidelines powers (s 49 amended and s 49A inserted No. 19, 2021). The endnotes and amendment table list multiple amending Acts (No. 17 of 2014; No. 19 of 2021; No. 22 of 2021; No. 28 of 2025) that added registration, coordinator and transitional provisions (see the amendment notes and the inserted sections referenced above). These additions mechanically broaden the Act from a simple deposit‑and‑refund scheme to an administratively‑mediated network of registered suppliers, approved coordinators and regulated contractual arrangements."},"complexity_factors":["Multiple regulated actors with different approval/registration regimes (CDS suppliers ss 41A–41F; coordinators ss 15, 24C; collection depot operators ss 16, 24B).","Detailed contractual architecture required: waste management, supplier, operator and coordinator arrangements with prescribed content (s 11; s 21(1)(b); s 12; Schedule 1).","Prescribed accounting and market‑share formulas for inter‑coordinator payments (Schedule 1 clauses 5–6) and audit requirements (Schedule 1 clause 8).","Significant delegated administrative discretion to the CEO and Minister for approvals, conditions, variations, suspension/cancellation, targets and guidelines (ss 23, 24(d), 30, 37–41, 49–49A).","Extensive enforcement powers and a wide range of strict liability and fault‑based offences with high penalties (Part 4; Division 6).","Recordkeeping, quarterly and annual reporting duties (s 41D(1)(c)(ii); ss 43–44) and retention rules (s 17(6)).","Cross‑jurisdictional and transitional complexity: corresponding jurisdictions, exemptions by regulation (s 4; s 9; s 17); multiple amending/transitional Parts (Parts 7–10).","Regulations and Ministerial guidelines can materially change operational detail (s 93; s 49A), increasing indirect complexity."],"plain_english_summary":"What the law does, mechanically\n\n- Establishes a container deposit scheme (CDS) for beverage containers (Part 2). The CDS: requires suppliers of regulated beverage containers to be registered (Part 2, Div 6A); requires collection depots and CDS coordinators to hold approvals (ss 15–16, 41A–41F); mandates sorting by material type and payment flows for refund amounts from collection depots through coordinators to suppliers under written waste management and supplier arrangements (ss 10, 11, 19, 20, 41D; Schedule 1). The CDS also sets offences and penalties for non‑compliance and gives powers to authorised officers for enforcement (Part 4).\n\n- Regulates single‑use non‑biodegradable plastic carry bags (Part 3). It defines prohibited plastic bags, prescribes a phase‑out / prohibition day, requires retailers to provide alternatives and display notices during the phase‑out, and creates strict liability offences for supplying prohibited bags after the prohibition day (ss 51–58).\n\nWhy the law exists (official claim) and the mechanical effect\n\n- The Act’s stated object is to minimise environmental pollution by (a) reducing beverage container waste and increasing reuse/recycling through a CDS, and (b) regulating single‑use non‑biodegradable plastic bags (s 3). Mechanically, the Act implements that object by: creating a regulated refund system (ss 10, 17–20); requiring participants to enter written waste management, supplier and operator arrangements that allocate collection, sorting, transport, payments and dispute resolution (s 11; ss 21–24; Schedule 1); authorising coordination among CDS coordinators (including an express non‑application of Part IV of the Competition and Consumer Act for coordinator arrangements) (s 12(5)); and by banning or restricting specified plastic bags and imposing retailer obligations (Part 3).\n\nWho is affected and who pays\n\n- Members of the public who return empty permitted containers to approved collection depots are entitled to refund amounts paid by the depot (s 19). Operators of approved collection depots must accept permitted containers and pay refund amounts to people who deliver containers (ss 18–19), subject to limited exceptions (s 18(4)).\n\n- CDS coordinators must accept sorted containers from depot operators and pay operators amounts set out in operator arrangements (s 20). CDS suppliers (manufacturers, distributors, or beverage retailers who supply containers) must register, be parties to supplier arrangements and supply only containers that meet recycling/reuse and marking requirements (ss 41A–41D, s 10(2)). The statutory payment chain is: public → depot operator receives container and is paid refund amount by operator (s 19); operator seeks reimbursement and other related amounts from the coordinator under the operator arrangement (s 20); coordinators and suppliers have payment obligations defined in supplier/operator/coordinator arrangements and in Schedule 1 (s 11(2)(d)–(e); Schedule 1 clauses 5–6).\n\n- Beverage retailers are constrained: they must not sell beverages in regulated containers unless the container is a permitted container (s 14). Retailers may be required to display signs (s 45) and must provide alternative bags during a plastic bag phase‑out (s 55).\n\nCompliance burden and reporting\n\n- Persons who hold CDS approvals or are CDS suppliers must keep records in the approved form (s 43), provide quarterly supplier sales documents (s 41D(1)(c)(ii)), and submit annual returns (s 44). CDS suppliers must give coordinators container identification documents and quarterly sales data (s 41D(1)(c)–(d)). Collection depot operators must keep declarations about provenance of bulk deliveries and retain them for 3 years (s 17(3)–(6)). Failure to provide returns can lead to suspension or cancellation (s 44(3)–(6)).\n\nDiscretion and administrative control\n\n- The CEO has broad administrative discretion to grant, impose conditions on, vary, suspend or cancel approvals and registrations, and to set conditions on approvals (ss 21–27; 29–41; 41H–41L). The Minister may establish reuse/recycling targets and publish guidelines; the CEO monitors compliance (ss 49–49A). Regulations may prescribe details, exemptions, fees, and offences (s 93).\n\nIncentives, trade‑offs and likely behavioural effects (source‑grounded testing)\n\n- Incentives to return containers: the statutory refund amount mechanism (s 19) gives a direct monetary incentive to members of the public to deliver empty permitted containers to approved depots. Operators and coordinators are financially incentivised by the reimbursement and process/transportation fees set by arrangements (s 11(2)(d)–(e); Schedule 1 clauses 5–6).\n\n- Contracting and coordination: the Act requires written waste management, supplier and operator arrangements that allocate responsibilities, payments and dispute resolution (s 11(1)–(3); s 21(1)(b)(i)–(ii)). Coordinators are authorised to enter coordinator arrangements and given an express exemption from certain competition law provisions so those arrangements can be made and given effect (s 12(1)–(5)). Mechanically, this authorisation permits coordinated allocation of costs, market‑share‑based settlement formulas (Schedule 1, clause 5 and 6), and the use of joint auditors (Schedule 1, clause 8).\n\n- Compliance and operational costs for businesses: manufacturers, distributors and retailers who wish to supply regulated containers must register and join supplier arrangements, provide identification documents and regular sales data (s 41A–41D). Collection depot operators and coordinators must maintain facilities, accept and sort containers by material type (s 10(2)(a)(i); s 18(1); s 24C(c)–(d)), and maintain records and meet opening/accessibility requirements (s 24B). These are explicit administrative and operational requirements that impose time and cost on private parties.\n\n- Effects on competition and private choice: the Act limits who may supply regulated containers (registration requirement s 41A–41C; prohibition on supplying regulated containers unless a CDS supplier, s 13(1)–(4)), and authorises coordinators to make joint arrangements (s 12(5) and Schedule 1). These mechanics change contract freedom by requiring specified forms of contractual arrangements between CDS participants and providing an express legal space for inter‑coordinator coordination. The text gives coordinators formulaic payment and market‑share mechanisms (Schedule 1 clauses 5–6) which mechanically tie payments to declared market shares and sales declarations.\n\nCosts, risk and trade‑offs identified in the text\n\n- Administrative and transaction costs: record‑keeping (s 43), quarterly and annual reporting (s 41D(1)(c)(ii), s 44), registration and approvals (ss 21–27, 41A–41F), and requirements to enter and maintain waste management arrangements (s 11; s 24(a)) are explicit compliance costs for participants.\n\n- Enforcement and penalties: the Act provides criminal and civil enforcement powers, search and seizure powers, strict liability offences and significant monetary and custodial penalties for declared offences (Part 4; Division 6; many penalty provisions such as ss 13–14, 17–20, 20A–20B, 73–76). Those enforcement mechanisms increase the regulatory risk borne by participants.\n\n- Delegated discretion and review: the CEO and Minister have substantial administrative discretion (approval/condition powers: ss 23–25, 30–36; targets and guidelines: ss 49–49A). Affected persons can seek review of identified CEO decisions in NTCAT (s 46; Schedule 2), but many operational decisions remain with the CEO.\n\nImplementation timing and review\n\n- The Act contemplates staged implementation and statutory review cycles: the CDS starts on a day fixed by Gazette (s 2; definition “start”), the Minister must review the CDS containers and operation within set timeframes (s 50), and Part 3 requires a review after the second anniversary of the prohibition day for plastic bags (s 59).\n\nConcrete points of concentrated benefit, diffuse cost, and substitution effects (source‑grounded)\n\n- Concentrated benefits: the Act creates defined payment flows and market‑share‐based payment formulas (Schedule 1 clauses 5–6), and grants coordinators an explicit authorisation to make and give effect to coordinator arrangements that would otherwise engage competition law (s 12(5)). Those mechanics concentrate decision‑making and payment rights within the group of registered coordinators and their counter‑parties.\n\n- Diffuse costs: recordkeeping, reporting, approvals and the operational requirement to sort and accept containers (ss 18–20; s 43; s 44) impose distributed costs across suppliers, depot operators and coordinators and may affect retailers if they choose to operate collection depots (s 3(2)).\n\n- Substitution effects: the Act explicitly allows regulation to exempt classes of containers by regulation (s 9), and the Minister may authorise alternative disposal methods in guidelines (s 49A) — mechanically creating scope for technological or process substitution consistent with the CDS rules.\n\nKey implementation risks flagged by the instrument\n\n- Dependence on administratively issued approvals, registrations and regulations (ss 21–27; 41A–41F; s 93). The CEO’s power to impose conditions, and to suspend or cancel approvals (ss 30, 37–41, 41K–41L), means design and operational details will depend heavily on how those powers are exercised.\n\n- Cross‑jurisdictional interactions: refunds are limited to containers purchased in the Territory or a corresponding jurisdiction (s 17). The Act relies on regulations to declare corresponding laws and jurisdictions (s 4 definition, s 93(2)(c) notes), which may affect cross‑border supply and claims.\n\nWhere to look in the Act for operational detail\n\n- Refund and acceptance rules: ss 17–20, 20A–20B;\n- Approvals and registration: ss 21–27 (approvals), ss 41A–41M (supplier registration);\n- Waste management and coordinator arrangements: s 11, s 12 and Schedule 1;\n- Recordkeeping and reporting: ss 41D, 43–44;\n- Enforcement, authorised officers and penalties: Part 4;\n- Plastic bags: ss 51–58.\n\nAnalyst’s concise takeaways (mechanical, source‑grounded)\n\n- The Act creates a legally structured refund and logistics chain (public → depot operator → coordinator → supplier) backed by approval/registration regimes, statutory payment formulas and recordkeeping obligations (ss 11, 19–20, Schedule 1, ss 41A–41D). It gives administrative actors (CEO and Minister) broad powers to set conditions, targets and guidelines (ss 23, 30, 49–49A), and creates criminal and civil penalties for breaches (Part 4). The Act also restricts the supply of specified single‑use plastic bags and imposes obligations on retailers (Part 3). The main trade‑offs set out in the text are between (a) central administrative control to implement and enforce the CDS and bag rules, and (b) ongoing compliance, reporting and operational costs imposed on suppliers, coordinators, operators and retailers (ss 21–27, 41A–41D, 43–44, ss 55–57)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2592},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 intent of simply establishing a container deposit scheme and banning plastic bags. Successive amendments (particularly in 2014, 2021, and 2025) have transformed it into a comprehensive economic regulation. It now micromanages commercial relationships between industry players through mandatory supplier registration (2021), detailed financial coordination agreements with market-share calculations (Schedule 1), and administrative restructuring that shifts powers between agencies. The 2025 amendments further expanded the CDS scope to cover more container types and transferred functions from the NT EPA to the CEO, indicating the scheme has grown from a simple recycling incentive into a complex, permanent market infrastructure."},"complexity_factors":["Multiple overlapping regulatory regimes: three distinct approval/registration systems (CDS coordinator approval, collection depot approval, and CDS supplier registration), each with unique application processes, conditions, and renewal periods.","Dense transitional architecture: Four separate transitional Parts (Parts 7–10) dealing with amendments from 2014, 2021, and 2025, including complex validation of historical approvals and transfer of functions between the NT EPA and the CEO.","Detailed commercial mechanics: Schedule 1 contains algebraic formulas for calculating market-share-based payments between primary and secondary coordinators, including provisions for audits, arbitration, and quarterly sales declarations.","Layered offence structure: Mix of strict liability offences (no need to prove intent) and fault-based offences requiring proof of intention, knowledge, or recklessness, with specific attribution of liability to executives, partners, and representatives.","Extensive cross-referencing: Heavy reliance on defined terms (47+ definitions in section 4), internal cross-references between Parts, and external references to the Commonwealth Competition and Consumer Act.","Conditional operational requirements: Numerous exceptions and conditional duties (e.g., depot operators must accept containers *unless* they are contaminated, unmarked, or purchased interstate, *but* must accept them if their specific waste management arrangement says so anyway)."],"plain_english_summary":"This Northern Territory law tackles litter and waste through two main schemes: a **container deposit scheme (CDS)** and a **plastic bag ban**.\n\n**The \"Cash for Containers\" Scheme (Part 2)**\nThe Act sets up a system where you can return empty drink containers to collection points (like reverse vending machines or depots) and get a refund. To make this work:\n*   **Suppliers** (manufacturers, distributors, and big retailers) must register with the government and ensure their containers have special refund markings and are recyclable.\n*   **Collection depots** must be approved and must accept eligible containers, sort them by material type (glass, plastic, aluminium), and pay the refund to the person returning them.\n*   **Coordinators** are approved entities that manage the logistics—collecting containers from depots, ensuring they get recycled, and handling payments between different parts of the industry.\n*   **Retailers** cannot sell drinks in containers unless they come from a registered supplier and meet the scheme's rules.\n\n**The Plastic Bag Ban (Part 3)**\nThe law phases out single-use, non-biodegradable plastic shopping bags (those thinner than 35 microns). During a transition period, retailers must offer alternatives (like compostable bags or durable reusable bags) and put up warning notices. After the \"prohibition day\" (set by regulation), giving out these thin plastic bags becomes illegal.\n\n**Enforcement & Administration**\nThe Act gives **authorised officers** significant powers to enter businesses, inspect records, and seize evidence. It creates offences for cheating the system (claiming refunds for interstate containers, misleading officials, or operating without approval). It also makes company executives and business partners personally liable if their business breaks the law and they didn't take reasonable steps to stop it.\n\n**Why it matters:** It shifts the responsibility for recycling from taxpayers to beverage companies, reduces landfill, and cuts down on plastic pollution while giving consumers a financial incentive to recycle."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-beverage-containers-and-plastic-bags-act-2011","history":"/api/acts/environment-protection-beverage-containers-and-plastic-bags-act-2011/history","analysis":"/api/acts/environment-protection-beverage-containers-and-plastic-bags-act-2011/analysis","conflicts":"/api/acts/environment-protection-beverage-containers-and-plastic-bags-act-2011/conflicts","importantCases":"/api/acts/environment-protection-beverage-containers-and-plastic-bags-act-2011/important-cases","documents":"/api/acts/environment-protection-beverage-containers-and-plastic-bags-act-2011/documents"}}