{"id":"qld:sl-2023-0127","name":"Waste Reduction and Recycling Regulation 2023","slug":"waste-reduction-and-recycling-regulation-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"127 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173770,"registerId":"qld-sl-2023-0127-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Waste Reduction and Recycling Regulation 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nParts 5 and 6 commence on 1 September 2023.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 13 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Regulated waste","content":"# Regulated waste","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Regulated waste— Act , sch 1","content":"### sec.4 Regulated waste— Act , sch 1\n\nFor schedule 1 of the Act , definition regulated waste , waste that is regulated waste within the meaning of the Environmental Protection Regulation 2019 , section 42 is prescribed as regulated waste.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Designation of areas by local governments for general or green waste collection","content":"# Designation of areas by local governments for general or green waste collection","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Designation of areas","content":"### sec.5 Designation of areas\n\nA local government may—\nby resolution, designate areas within its local government area in which the local government may conduct the collection of general waste or green waste; and\ndecide the frequency of the collection of general waste or green waste in the designated areas.\nSee the Local Government Act 2009 , chapter 3 , part 2 , division 2 and the City of Brisbane Act 2010 , chapter 3 , part 3 , division 2 in relation to the conduct of significant business activities by local governments.\n- (a) by resolution, designate areas within its local government area in which the local government may conduct the collection of general waste or green waste; and\n- (b) decide the frequency of the collection of general waste or green waste in the designated areas.","sortOrder":7},{"sectionNumber":"pt.4","sectionType":"part","heading":"Waste levy","content":"# Waste levy","sortOrder":8},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Identifying exempt waste","content":"## Identifying exempt waste","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Types of exempt waste for definition waste disposal site — Act , s 8A","content":"### sec.6 Types of exempt waste for definition waste disposal site — Act , s 8A\n\nFor section 8A (2) of the Act , the following types of exempt waste are prescribed for the definition waste disposal site —\nwaste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4 .2;\nwaste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3;\nalum sludge or other residuals produced as a result of a drinking water treatment process;\ncoal power station ash.\nThis subsection and subsection (1) (c) expire on 30 June 2029.\ns 6 amd 2025 SL No. 42 s 53 ; 2025 SL No. 154 s 16\nprev (1)(c), (2) exp 30 June 2024 (see prev s 6(2))\npres (1)(c), (2) exp 30 June 2029 (see pres s 6(2))\n(sec.6-ssec.1) For section 8A (2) of the Act , the following types of exempt waste are prescribed for the definition waste disposal site — waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4 .2; waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3; alum sludge or other residuals produced as a result of a drinking water treatment process; coal power station ash.\n(sec.6-ssec.2) This subsection and subsection (1) (c) expire on 30 June 2029.\n- (a) waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4 .2;\n- (b) waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3;\n- (c) alum sludge or other residuals produced as a result of a drinking water treatment process;\n- (d) coal power station ash.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Guideline for treatment of particular dredge spoil— Act , s 26 , definition exempt waste","content":"### sec.7 Guideline for treatment of particular dredge spoil— Act , s 26 , definition exempt waste\n\nFor section 26 of the Act , definition exempt waste , paragraph (d) , the guideline called ‘Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines’, published on the Queensland Government website is prescribed.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Exempt waste— Act , s 26","content":"### sec.8 Exempt waste— Act , s 26\n\nFor section 26 of the Act , definition exempt waste , paragraph (f) (i) , each of the following types of waste is prescribed to be exempt waste—\nwaste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4 .2;\nwaste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3;\nalum sludge or other residuals produced as a result of a drinking water treatment process;\nwaste generated in Norfolk Island and imported by the Norfolk Island Regional Council into Queensland;\ncoal power station ash;\nresidue waste from—\na glass beneficiation plant; or\na material recovery facility.\nThis subsection and subsection (1) (c) expire on 30 June 2029.\nThis subsection and subsection (1) (d) expire on 30 June 2030.\nIn this section—\nglass beneficiation plant means a plant that removes impurities from end-of-use glass through crushing, cleaning and sorting to produce cullet.\nmaterial recovery facility has the meaning given by section 99ZE (1) (a) of the Act .\ns 8 amd 2023 SL No. 188 s 3 ; 2024 SL No. 111 s 3 ; 2025 SL No. 154 s 17\n(1)(c), (2) exp 30 June 2029 (see s 8(2))\n(1)(d), (3) exp 30 June 2030 (see s 8(3))\n(sec.8-ssec.1) For section 26 of the Act , definition exempt waste , paragraph (f) (i) , each of the following types of waste is prescribed to be exempt waste— waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4 .2; waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3; alum sludge or other residuals produced as a result of a drinking water treatment process; waste generated in Norfolk Island and imported by the Norfolk Island Regional Council into Queensland; coal power station ash; residue waste from— a glass beneficiation plant; or a material recovery facility.\n(sec.8-ssec.2) This subsection and subsection (1) (c) expire on 30 June 2029.\n(sec.8-ssec.3) This subsection and subsection (1) (d) expire on 30 June 2030.\n(sec.8-ssec.4) In this section— glass beneficiation plant means a plant that removes impurities from end-of-use glass through crushing, cleaning and sorting to produce cullet. material recovery facility has the meaning given by section 99ZE (1) (a) of the Act .\n- (a) waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4 .2;\n- (b) waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3;\n- (c) alum sludge or other residuals produced as a result of a drinking water treatment process;\n- (d) waste generated in Norfolk Island and imported by the Norfolk Island Regional Council into Queensland;\n- (e) coal power station ash;\n- (f) residue waste from— (i) a glass beneficiation plant; or (ii) a material recovery facility.\n- (i) a glass beneficiation plant; or\n- (ii) a material recovery facility.\n- (i) a glass beneficiation plant; or\n- (ii) a material recovery facility.","sortOrder":12},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Refusing exempt waste applications","content":"## Refusing exempt waste applications","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Purpose of division","content":"### sec.9 Purpose of division\n\nFor section 30 (3) of the Act , this division prescribes the circumstances in which the chief executive must refuse an exempt waste application.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Earth contaminated with hazardous contaminant","content":"### sec.10 Earth contaminated with hazardous contaminant\n\nThe chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register unless satisfied—\nthe earth was contaminated before 1 January 1992; or\nthe earth contains waste removed from a landfill cell that is to be delivered to a levyable waste disposal site as part of a significant community project; or\nthe earth contains waste that was disposed of to landfill before 1 January 1992 (whether or not disposal continued after that time) at land recorded in the environmental management register or contaminated land register and either of the following applies—\nthe earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the sole purpose of remediating contamination;\nthe earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the purpose of conducting or operating a resource recovery and transfer facility on the land, and waste will no longer be disposed of as landfill at the land.\nAlso, the chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register if satisfied the earth, if analysed in accordance with the site contamination guideline—\nis contaminated solely with petroleum hydrocarbons; or\ncontains only contaminants that can reasonably be treated by bioremediation and made suitable for any use.\nIn this section—\nresource recovery and transfer facility see section 54 (7) of the Act .\nsignificant community project means a project the chief executive considers has an aesthetic, conservation, cultural or economic benefit to the State or a community in Queensland, including, for example—\na project that serves an essential need of the community; and\nschool, sporting field\na project that significantly improves the community’s access to services.\nhospital, museum, State or local government library\nsite contamination guideline means the guideline called ‘Schedule B3—Guideline on Laboratory Analysis of Potentially Contaminated Soils’ made by the National Environment Protection Council and published on the Council’s website.\n(sec.10-ssec.1) The chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register unless satisfied— the earth was contaminated before 1 January 1992; or the earth contains waste removed from a landfill cell that is to be delivered to a levyable waste disposal site as part of a significant community project; or the earth contains waste that was disposed of to landfill before 1 January 1992 (whether or not disposal continued after that time) at land recorded in the environmental management register or contaminated land register and either of the following applies— the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the sole purpose of remediating contamination; the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the purpose of conducting or operating a resource recovery and transfer facility on the land, and waste will no longer be disposed of as landfill at the land.\n(sec.10-ssec.2) Also, the chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register if satisfied the earth, if analysed in accordance with the site contamination guideline— is contaminated solely with petroleum hydrocarbons; or contains only contaminants that can reasonably be treated by bioremediation and made suitable for any use.\n(sec.10-ssec.3) In this section— resource recovery and transfer facility see section 54 (7) of the Act . significant community project means a project the chief executive considers has an aesthetic, conservation, cultural or economic benefit to the State or a community in Queensland, including, for example— a project that serves an essential need of the community; and school, sporting field a project that significantly improves the community’s access to services. hospital, museum, State or local government library site contamination guideline means the guideline called ‘Schedule B3—Guideline on Laboratory Analysis of Potentially Contaminated Soils’ made by the National Environment Protection Council and published on the Council’s website.\n- (a) the earth was contaminated before 1 January 1992; or\n- (b) the earth contains waste removed from a landfill cell that is to be delivered to a levyable waste disposal site as part of a significant community project; or\n- (c) the earth contains waste that was disposed of to landfill before 1 January 1992 (whether or not disposal continued after that time) at land recorded in the environmental management register or contaminated land register and either of the following applies— (i) the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the sole purpose of remediating contamination; (ii) the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the purpose of conducting or operating a resource recovery and transfer facility on the land, and waste will no longer be disposed of as landfill at the land.\n- (i) the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the sole purpose of remediating contamination;\n- (ii) the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the purpose of conducting or operating a resource recovery and transfer facility on the land, and waste will no longer be disposed of as landfill at the land.\n- (i) the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the sole purpose of remediating contamination;\n- (ii) the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the purpose of conducting or operating a resource recovery and transfer facility on the land, and waste will no longer be disposed of as landfill at the land.\n- (a) is contaminated solely with petroleum hydrocarbons; or\n- (b) contains only contaminants that can reasonably be treated by bioremediation and made suitable for any use.\n- (a) a project that serves an essential need of the community; and Examples— school, sporting field\n- (b) a project that significantly improves the community’s access to services. Examples— hospital, museum, State or local government library","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Waste to be used at levyable waste disposal site","content":"### sec.11 Waste to be used at levyable waste disposal site\n\nThe chief executive must refuse an exempt waste application relating to waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site unless satisfied—\nthe waste is needed to carry out the purpose; and\nsufficient exempt waste that could be used for the purpose is not otherwise likely to be delivered to the site.\n- (a) the waste is needed to carry out the purpose; and\n- (b) sufficient exempt waste that could be used for the purpose is not otherwise likely to be delivered to the site.","sortOrder":16},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Operation of waste levy","content":"## Operation of waste levy","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Definitions for division","content":"### sec.12 Definitions for division\n\nIn this division—\nindexation rate , for a financial year, means the rate published on the department’s website as the rate for working out the rate of the waste levy for the financial year.\nlevel 1 rate see section 13 .\nlevel 2 rate see section 14 .","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of level 1 rate","content":"### sec.13 Meaning of level 1 rate\n\nThe level 1 rate for a type of waste stated in schedule 1 , table 1 is—\nfor the 2023–2024, 2024–2025 or 2025–2026 financial year—the rate stated in schedule 1 , table 1 opposite the type of waste for the financial year; or\nfor a later financial year, the rate worked out by—\nidentifying the level 1 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and\nincreasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and\nrounding the result down to the nearest whole dollar.\n- (a) for the 2023–2024, 2024–2025 or 2025–2026 financial year—the rate stated in schedule 1 , table 1 opposite the type of waste for the financial year; or\n- (b) for a later financial year, the rate worked out by— (i) identifying the level 1 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and (ii) increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and (iii) rounding the result down to the nearest whole dollar.\n- (i) identifying the level 1 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and\n- (ii) increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and\n- (iii) rounding the result down to the nearest whole dollar.\n- (i) identifying the level 1 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and\n- (ii) increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and\n- (iii) rounding the result down to the nearest whole dollar.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of level 2 rate","content":"### sec.14 Meaning of level 2 rate\n\nThe level 2 rate for a type of waste stated in schedule 1 , table 2 is—\nfor the 2023–2024 financial year—the rate stated in schedule 1 , table 2 opposite the type of waste for the financial year; or\nfor a later financial year, the rate worked out by—\nidentifying the level 2 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and\nincreasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and\nrounding the result down to the nearest whole dollar.\n- (a) for the 2023–2024 financial year—the rate stated in schedule 1 , table 2 opposite the type of waste for the financial year; or\n- (b) for a later financial year, the rate worked out by— (i) identifying the level 2 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and (ii) increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and (iii) rounding the result down to the nearest whole dollar.\n- (i) identifying the level 2 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and\n- (ii) increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and\n- (iii) rounding the result down to the nearest whole dollar.\n- (i) identifying the level 2 rate for the type of waste for the previous financial year (whether under paragraph (a) or under a previous application of this paragraph); and\n- (ii) increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and\n- (iii) rounding the result down to the nearest whole dollar.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Rate of waste levy for waste levy zone— Act , s 37","content":"### sec.15 Rate of waste levy for waste levy zone— Act , s 37\n\nFor section 37 (1) of the Act , this section prescribes the rate of the waste levy for a financial year for each type of waste that is delivered to a levyable waste disposal site in the waste levy zone.\nThe rate is—\nfor a levyable waste disposal site in the metropolitan part of the waste levy zone—the level 1 rate for the financial year for the type of waste; or\nfor a levyable waste disposal site in the regional part of the waste levy zone—\nif the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or\nif the waste was generated in the non-levy zone—the level 2 rate for the financial year for the type of waste; or\nif the waste was generated in any other place—the level 1 rate for the financial year for the type of waste.\nFor this section—\nthe metropolitan part of the waste levy zone is the part of the waste levy zone made up of the local government areas stated in schedule 2 , part 1 ; and\nthe regional part of the waste levy zone is the part of the waste levy zone made up of the local government areas stated in schedule 2 , part 2 .\n(sec.15-ssec.1) For section 37 (1) of the Act , this section prescribes the rate of the waste levy for a financial year for each type of waste that is delivered to a levyable waste disposal site in the waste levy zone.\n(sec.15-ssec.2) The rate is— for a levyable waste disposal site in the metropolitan part of the waste levy zone—the level 1 rate for the financial year for the type of waste; or for a levyable waste disposal site in the regional part of the waste levy zone— if the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or if the waste was generated in the non-levy zone—the level 2 rate for the financial year for the type of waste; or if the waste was generated in any other place—the level 1 rate for the financial year for the type of waste.\n(sec.15-ssec.3) For this section— the metropolitan part of the waste levy zone is the part of the waste levy zone made up of the local government areas stated in schedule 2 , part 1 ; and the regional part of the waste levy zone is the part of the waste levy zone made up of the local government areas stated in schedule 2 , part 2 .\n- (a) for a levyable waste disposal site in the metropolitan part of the waste levy zone—the level 1 rate for the financial year for the type of waste; or\n- (b) for a levyable waste disposal site in the regional part of the waste levy zone— (i) if the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or (ii) if the waste was generated in the non-levy zone—the level 2 rate for the financial year for the type of waste; or (iii) if the waste was generated in any other place—the level 1 rate for the financial year for the type of waste.\n- (i) if the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or\n- (ii) if the waste was generated in the non-levy zone—the level 2 rate for the financial year for the type of waste; or\n- (iii) if the waste was generated in any other place—the level 1 rate for the financial year for the type of waste.\n- (i) if the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or\n- (ii) if the waste was generated in the non-levy zone—the level 2 rate for the financial year for the type of waste; or\n- (iii) if the waste was generated in any other place—the level 1 rate for the financial year for the type of waste.\n- (a) the metropolitan part of the waste levy zone is the part of the waste levy zone made up of the local government areas stated in schedule 2 , part 1 ; and\n- (b) the regional part of the waste levy zone is the part of the waste levy zone made up of the local government areas stated in schedule 2 , part 2 .","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Rate of waste levy for non-levy zone— Act , s 37","content":"### sec.16 Rate of waste levy for non-levy zone— Act , s 37\n\nFor section 37 (1) of the Act , this section prescribes the rate of the waste levy for a financial year for each type of waste that—\nis delivered to a levyable waste disposal site in the non-levy zone; and\nwas generated outside the non-levy zone.\nThe rate is—\nif the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or\nif the waste was generated in any other place outside the non-levy zone—\nfor waste delivered before 1 July 2024—nil; or\notherwise—the level 1 rate for the financial year for the type of waste.\ns 16 amd 2023 SL No. 188 s 4\n(sec.16-ssec.1) For section 37 (1) of the Act , this section prescribes the rate of the waste levy for a financial year for each type of waste that— is delivered to a levyable waste disposal site in the non-levy zone; and was generated outside the non-levy zone.\n(sec.16-ssec.2) The rate is— if the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or if the waste was generated in any other place outside the non-levy zone— for waste delivered before 1 July 2024—nil; or otherwise—the level 1 rate for the financial year for the type of waste.\n- (a) is delivered to a levyable waste disposal site in the non-levy zone; and\n- (b) was generated outside the non-levy zone.\n- (a) if the waste was generated in the regional part of the waste levy zone—the level 2 rate for the financial year for the type of waste; or\n- (b) if the waste was generated in any other place outside the non-levy zone— (i) for waste delivered before 1 July 2024—nil; or (ii) otherwise—the level 1 rate for the financial year for the type of waste.\n- (i) for waste delivered before 1 July 2024—nil; or\n- (ii) otherwise—the level 1 rate for the financial year for the type of waste.\n- (i) for waste delivered before 1 July 2024—nil; or\n- (ii) otherwise—the level 1 rate for the financial year for the type of waste.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Requirements for calculating amount of waste levy— Act , s 37","content":"### sec.17 Requirements for calculating amount of waste levy— Act , s 37\n\nFor section 37 (2) of the Act , the total amount of waste levy imposed on all levyable waste that is delivered to a levyable waste disposal site during a levy period is the sum of the individual amounts of waste levy imposed on each type of levyable waste.\nThe individual amount of waste levy imposed on each type of levyable waste is worked out using the formula—\nwhere—\nL means the individual amount of waste levy imposed on the type of levyable waste in a levy period.\nW means the total weight, in tonnes, of the type of levyable waste delivered to the levyable waste disposal site during the levy period.\nR means the applicable rate of waste levy imposed on the type of levyable waste for the financial year for which the waste levy is worked out.\nFor this section, the applicable rate of waste levy is the rate of the waste levy that applies in relation to the type of waste under section 15 or 16 , as applicable.\n(sec.17-ssec.1) For section 37 (2) of the Act , the total amount of waste levy imposed on all levyable waste that is delivered to a levyable waste disposal site during a levy period is the sum of the individual amounts of waste levy imposed on each type of levyable waste.\n(sec.17-ssec.2) The individual amount of waste levy imposed on each type of levyable waste is worked out using the formula— where— L means the individual amount of waste levy imposed on the type of levyable waste in a levy period. W means the total weight, in tonnes, of the type of levyable waste delivered to the levyable waste disposal site during the levy period. R means the applicable rate of waste levy imposed on the type of levyable waste for the financial year for which the waste levy is worked out.\n(sec.17-ssec.3) For this section, the applicable rate of waste levy is the rate of the waste levy that applies in relation to the type of waste under section 15 or 16 , as applicable.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Local government areas making up waste levy zone— Act , s 43","content":"### sec.18 Local government areas making up waste levy zone— Act , s 43\n\nFor section 43 (1) of the Act , the local government areas identified in schedule 2 make up the waste levy zone.","sortOrder":24},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Discounting waste levy for residue waste","content":"## Discounting waste levy for residue waste","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Definitions for division","content":"### sec.19 Definitions for division\n\nIn this division—\nperformance history , of a person conducting a recycling activity, means the person’s documented history of conducting the activity.\nrecycling efficiency see section 47 (5) of the Act .\nrecycling efficiency threshold , for a recycling activity, means the greater of—\na recycling efficiency of 60% for the recycling activity; or\nif the chief executive reasonably believes another recycling efficiency is the industry standard for the recycling activity, having regard to the type of feedstock used—the other recycling efficiency.\n- (a) a recycling efficiency of 60% for the recycling activity; or\n- (b) if the chief executive reasonably believes another recycling efficiency is the industry standard for the recycling activity, having regard to the type of feedstock used—the other recycling efficiency.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Recycling activities for residue waste discounting applications— Act , s 44","content":"### sec.20 Recycling activities for residue waste discounting applications— Act , s 44\n\nFor section 44 (1) of the Act , the recycling activities stated in schedule 3 are prescribed.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Discounted rate for waste levy for residue waste— Act , s 44","content":"### sec.21 Discounted rate for waste levy for residue waste— Act , s 44\n\nFor section 44 (4) of the Act , the rate prescribed as the discounted rate for the waste levy for a type of residue waste is 50% of the rate of the waste levy for the type of waste.\nSee sections 15 and 16 for the rate of the waste levy for each type of levyable waste.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Criteria for deciding residue waste discounting applications— Act , s 46","content":"### sec.22 Criteria for deciding residue waste discounting applications— Act , s 46\n\nFor section 46 (2) (c) of the Act , the following criteria are prescribed—\nthe performance history and likely future performance of the applicant in conducting the recycling activity the subject of the application, compared to—\neither—\nindustry benchmarks and best practice guidelines for the recycling activity; or\nif there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and\nthe recycling efficiency threshold for the recycling activity;\nthe strategies or practices proposed in the application to progressively improve the efficiency of the recycling activity during the period of the approval, if granted;\nthe extent to which the applicant is optimising, or is likely to be able to optimise, the market and material value that can be derived from the waste used as feedstock for the recycling activity;\nthe extent to which approval of a discounted rate for the waste levy for residue waste from the recycling activity the subject of the application will—\nestablish or sustain resource recovery in Queensland; and\ncontribute to the Queensland economy;\nif the applicant is conducting, or has conducted, a recycling activity under the Act , the Environmental Protection Act or a corresponding law—the applicant’s history of compliance with the Act , the Environmental Protection Act or the corresponding law;\nif a related entity for the applicant is conducting, or has conducted, a recycling activity under the Act , the Environmental Protection Act or a corresponding law—the related entity’s history of compliance with the Act , the Environmental Protection Act or the corresponding law, including whether the related entity holds any licences, environmental authorities or other approvals for conducting a recycling activity.\nIn this section—\ncorresponding law means a law of another jurisdiction that provides for the same matters as the Act or the Environmental Protection Act , or a provision of either of those Acts, in relation to a waste management ERA.\nrelated entity , for the applicant, has the meaning given by section 72K (3) of the Act .\n(sec.22-ssec.1) For section 46 (2) (c) of the Act , the following criteria are prescribed— the performance history and likely future performance of the applicant in conducting the recycling activity the subject of the application, compared to— either— industry benchmarks and best practice guidelines for the recycling activity; or if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and the recycling efficiency threshold for the recycling activity; the strategies or practices proposed in the application to progressively improve the efficiency of the recycling activity during the period of the approval, if granted; the extent to which the applicant is optimising, or is likely to be able to optimise, the market and material value that can be derived from the waste used as feedstock for the recycling activity; the extent to which approval of a discounted rate for the waste levy for residue waste from the recycling activity the subject of the application will— establish or sustain resource recovery in Queensland; and contribute to the Queensland economy; if the applicant is conducting, or has conducted, a recycling activity under the Act , the Environmental Protection Act or a corresponding law—the applicant’s history of compliance with the Act , the Environmental Protection Act or the corresponding law; if a related entity for the applicant is conducting, or has conducted, a recycling activity under the Act , the Environmental Protection Act or a corresponding law—the related entity’s history of compliance with the Act , the Environmental Protection Act or the corresponding law, including whether the related entity holds any licences, environmental authorities or other approvals for conducting a recycling activity.\n(sec.22-ssec.2) In this section— corresponding law means a law of another jurisdiction that provides for the same matters as the Act or the Environmental Protection Act , or a provision of either of those Acts, in relation to a waste management ERA. related entity , for the applicant, has the meaning given by section 72K (3) of the Act .\n- (a) the performance history and likely future performance of the applicant in conducting the recycling activity the subject of the application, compared to— (i) either— (A) industry benchmarks and best practice guidelines for the recycling activity; or (B) if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and (ii) the recycling efficiency threshold for the recycling activity;\n- (i) either— (A) industry benchmarks and best practice guidelines for the recycling activity; or (B) if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and\n- (A) industry benchmarks and best practice guidelines for the recycling activity; or\n- (B) if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and\n- (ii) the recycling efficiency threshold for the recycling activity;\n- (b) the strategies or practices proposed in the application to progressively improve the efficiency of the recycling activity during the period of the approval, if granted;\n- (c) the extent to which the applicant is optimising, or is likely to be able to optimise, the market and material value that can be derived from the waste used as feedstock for the recycling activity;\n- (d) the extent to which approval of a discounted rate for the waste levy for residue waste from the recycling activity the subject of the application will— (i) establish or sustain resource recovery in Queensland; and (ii) contribute to the Queensland economy;\n- (i) establish or sustain resource recovery in Queensland; and\n- (ii) contribute to the Queensland economy;\n- (e) if the applicant is conducting, or has conducted, a recycling activity under the Act , the Environmental Protection Act or a corresponding law—the applicant’s history of compliance with the Act , the Environmental Protection Act or the corresponding law;\n- (f) if a related entity for the applicant is conducting, or has conducted, a recycling activity under the Act , the Environmental Protection Act or a corresponding law—the related entity’s history of compliance with the Act , the Environmental Protection Act or the corresponding law, including whether the related entity holds any licences, environmental authorities or other approvals for conducting a recycling activity.\n- (i) either— (A) industry benchmarks and best practice guidelines for the recycling activity; or (B) if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and\n- (A) industry benchmarks and best practice guidelines for the recycling activity; or\n- (B) if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and\n- (ii) the recycling efficiency threshold for the recycling activity;\n- (A) industry benchmarks and best practice guidelines for the recycling activity; or\n- (B) if there are no industry benchmarks or best practice guidelines for the recycling activity—the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and\n- (i) establish or sustain resource recovery in Queensland; and\n- (ii) contribute to the Queensland economy;","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Circumstances for refusing residue waste discounting applications— Act , s 46","content":"### sec.23 Circumstances for refusing residue waste discounting applications— Act , s 46\n\nFor section 46 (3) of the Act , this section prescribes the circumstances in which the chief executive must refuse a residue waste discounting application for a recycling activity.\nThe chief executive must refuse the application unless satisfied—\nthe applicant is achieving the recycling efficiency threshold for the recycling activity; or\nif the applicant has a performance history for conducting the recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity—the applicant will achieve the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity.\nHowever, subsection (2) does not apply if the chief executive is satisfied—\nit is not reasonably practicable for the applicant to achieve the recycling efficiency threshold for the recycling activity; but\nthe strategies or practices proposed in the application to improve the recycling efficiency of the recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances.\n(sec.23-ssec.1) For section 46 (3) of the Act , this section prescribes the circumstances in which the chief executive must refuse a residue waste discounting application for a recycling activity.\n(sec.23-ssec.2) The chief executive must refuse the application unless satisfied— the applicant is achieving the recycling efficiency threshold for the recycling activity; or if the applicant has a performance history for conducting the recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity—the applicant will achieve the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity.\n(sec.23-ssec.3) However, subsection (2) does not apply if the chief executive is satisfied— it is not reasonably practicable for the applicant to achieve the recycling efficiency threshold for the recycling activity; but the strategies or practices proposed in the application to improve the recycling efficiency of the recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances.\n- (a) the applicant is achieving the recycling efficiency threshold for the recycling activity; or\n- (b) if the applicant has a performance history for conducting the recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity—the applicant will achieve the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity.\n- (a) it is not reasonably practicable for the applicant to achieve the recycling efficiency threshold for the recycling activity; but\n- (b) the strategies or practices proposed in the application to improve the recycling efficiency of the recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Conditions to which approvals of residue waste discounting applications are subject— Act , s 47","content":"### sec.24 Conditions to which approvals of residue waste discounting applications are subject— Act , s 47\n\nFor section 47 (4) of the Act , the following conditions are prescribed—\nthe holder of the approval must implement the strategies or practices proposed in the application to progressively improve the recycling efficiency of the holder’s recycling activity within the time frames proposed in the application;\nthe holder of the approval must, within 2 months after the end of each reporting period, give the chief executive a report for the reporting period that complies with subsection (2) .\nThe report for a reporting period must include the following information—\nfor each month of the reporting period, the weight, in tonnes, of—\nthe waste used as feedstock for the recycling activity; and\nthe waste not disposed of to landfill as a result of the recycling activity; and\nthe residue waste disposed of to landfill;\ndetails of the extent to which the holder of the approval has implemented the strategies or practices proposed in the application to progressively improve the efficiency of the holder’s recycling activities during the reporting period;\nfor waste not disposed of to landfill as a result of the recycling activity for each month of the reporting period, how much of each type of waste recovered as a result of the recycling activity—\nwas recycled to produce the same or a different product; or\nwas consigned to other recyclers in Queensland; or\nwas consigned to other recyclers elsewhere in Australia; or\nwas consigned to other recyclers outside Australia; or\nwas neither recycled to make a product nor consigned to other recyclers as mentioned in subparagraph (ii) , (iii) or (iv) .\nIn this section—\nreporting period means each of the following periods in a year—\nthe period starting on 1 January and ending on 30 June;\nthe period starting on 1 July and ending on 31 December.\n(sec.24-ssec.1) For section 47 (4) of the Act , the following conditions are prescribed— the holder of the approval must implement the strategies or practices proposed in the application to progressively improve the recycling efficiency of the holder’s recycling activity within the time frames proposed in the application; the holder of the approval must, within 2 months after the end of each reporting period, give the chief executive a report for the reporting period that complies with subsection (2) .\n(sec.24-ssec.2) The report for a reporting period must include the following information— for each month of the reporting period, the weight, in tonnes, of— the waste used as feedstock for the recycling activity; and the waste not disposed of to landfill as a result of the recycling activity; and the residue waste disposed of to landfill; details of the extent to which the holder of the approval has implemented the strategies or practices proposed in the application to progressively improve the efficiency of the holder’s recycling activities during the reporting period; for waste not disposed of to landfill as a result of the recycling activity for each month of the reporting period, how much of each type of waste recovered as a result of the recycling activity— was recycled to produce the same or a different product; or was consigned to other recyclers in Queensland; or was consigned to other recyclers elsewhere in Australia; or was consigned to other recyclers outside Australia; or was neither recycled to make a product nor consigned to other recyclers as mentioned in subparagraph (ii) , (iii) or (iv) .\n(sec.24-ssec.3) In this section— reporting period means each of the following periods in a year— the period starting on 1 January and ending on 30 June; the period starting on 1 July and ending on 31 December.\n- (a) the holder of the approval must implement the strategies or practices proposed in the application to progressively improve the recycling efficiency of the holder’s recycling activity within the time frames proposed in the application;\n- (b) the holder of the approval must, within 2 months after the end of each reporting period, give the chief executive a report for the reporting period that complies with subsection (2) .\n- (a) for each month of the reporting period, the weight, in tonnes, of— (i) the waste used as feedstock for the recycling activity; and (ii) the waste not disposed of to landfill as a result of the recycling activity; and (iii) the residue waste disposed of to landfill;\n- (i) the waste used as feedstock for the recycling activity; and\n- (ii) the waste not disposed of to landfill as a result of the recycling activity; and\n- (iii) the residue waste disposed of to landfill;\n- (b) details of the extent to which the holder of the approval has implemented the strategies or practices proposed in the application to progressively improve the efficiency of the holder’s recycling activities during the reporting period;\n- (c) for waste not disposed of to landfill as a result of the recycling activity for each month of the reporting period, how much of each type of waste recovered as a result of the recycling activity— (i) was recycled to produce the same or a different product; or (ii) was consigned to other recyclers in Queensland; or (iii) was consigned to other recyclers elsewhere in Australia; or (iv) was consigned to other recyclers outside Australia; or (v) was neither recycled to make a product nor consigned to other recyclers as mentioned in subparagraph (ii) , (iii) or (iv) .\n- (i) was recycled to produce the same or a different product; or\n- (ii) was consigned to other recyclers in Queensland; or\n- (iii) was consigned to other recyclers elsewhere in Australia; or\n- (iv) was consigned to other recyclers outside Australia; or\n- (v) was neither recycled to make a product nor consigned to other recyclers as mentioned in subparagraph (ii) , (iii) or (iv) .\n- (i) the waste used as feedstock for the recycling activity; and\n- (ii) the waste not disposed of to landfill as a result of the recycling activity; and\n- (iii) the residue waste disposed of to landfill;\n- (i) was recycled to produce the same or a different product; or\n- (ii) was consigned to other recyclers in Queensland; or\n- (iii) was consigned to other recyclers elsewhere in Australia; or\n- (iv) was consigned to other recyclers outside Australia; or\n- (v) was neither recycled to make a product nor consigned to other recyclers as mentioned in subparagraph (ii) , (iii) or (iv) .\n- (a) the period starting on 1 January and ending on 30 June;\n- (b) the period starting on 1 July and ending on 31 December.","sortOrder":31},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Weight measurement criteria for measuring waste or other material other than by weighbridge— Act , s 26","content":"### sec.25 Weight measurement criteria for measuring waste or other material other than by weighbridge— Act , s 26\n\nFor section 26 of the Act , definition weight measurement criteria , this section prescribes the weight measurement criteria to be used to measure waste or other material that is required to be measured under section 59 of the Act in the circumstances mentioned in section 60 (6) or 61 (2) of the Act .\nUnless subsection (6) applies, the weight of the waste or other material is based on the GVM or GCM of the type of vehicle used to deliver or move the waste or other material, as provided under subsection (3) or (4) .\nIf the waste or other material is delivered or moved in a vehicle, the weight of the waste or other material is taken to be the weight, in tonnes, stated in schedule 4 , table 1, columns 3 to 11, according to the GVM or GCM of the vehicle, opposite the type of vehicle and the type of waste or other material.\nHowever, if the weight of the waste or other material for subsection (3) is more than the mass limit applying to the vehicle under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation , schedules 1 and 2 (the mass limit of the vehicle ), the weight of the waste or other material is taken to be the mass limit of the vehicle.\nSubsection (6) applies if—\nall of the waste or other material is contained in 1 or more containers during the delivery or movement; and\nagricultural bin, cane haulout bin, skip bin, wheelie bin\nthe capacity of each of the containers—\nis written on, or attached to, the container in a clearly visible place; or\nis evidenced by a document from the container’s manufacturer; or\ncan be measured by reference to the dimensions of the container.\nThe weight, in tonnes, of the waste or other material is worked out by—\nif all of the waste or other material is contained in a single container during the delivery or movement—multiplying the total capacity of the container, in cubic metres, by the weight multiplier stated in schedule 4 , table 2, column 3 opposite the type of waste; or\nA truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t.\nA truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t.\nif all of the waste or other material is contained in 2 or more containers during the delivery or movement—calculating the weight, in tonnes, of each of the individual containers, in accordance with paragraph (a) .\ns 25 amd 2025 SL No. 42 s 54\n(sec.25-ssec.1) For section 26 of the Act , definition weight measurement criteria , this section prescribes the weight measurement criteria to be used to measure waste or other material that is required to be measured under section 59 of the Act in the circumstances mentioned in section 60 (6) or 61 (2) of the Act .\n(sec.25-ssec.2) Unless subsection (6) applies, the weight of the waste or other material is based on the GVM or GCM of the type of vehicle used to deliver or move the waste or other material, as provided under subsection (3) or (4) .\n(sec.25-ssec.3) If the waste or other material is delivered or moved in a vehicle, the weight of the waste or other material is taken to be the weight, in tonnes, stated in schedule 4 , table 1, columns 3 to 11, according to the GVM or GCM of the vehicle, opposite the type of vehicle and the type of waste or other material.\n(sec.25-ssec.4) However, if the weight of the waste or other material for subsection (3) is more than the mass limit applying to the vehicle under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation , schedules 1 and 2 (the mass limit of the vehicle ), the weight of the waste or other material is taken to be the mass limit of the vehicle.\n(sec.25-ssec.5) Subsection (6) applies if— all of the waste or other material is contained in 1 or more containers during the delivery or movement; and agricultural bin, cane haulout bin, skip bin, wheelie bin the capacity of each of the containers— is written on, or attached to, the container in a clearly visible place; or is evidenced by a document from the container’s manufacturer; or can be measured by reference to the dimensions of the container.\n(sec.25-ssec.6) The weight, in tonnes, of the waste or other material is worked out by— if all of the waste or other material is contained in a single container during the delivery or movement—multiplying the total capacity of the container, in cubic metres, by the weight multiplier stated in schedule 4 , table 2, column 3 opposite the type of waste; or A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t. A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t. if all of the waste or other material is contained in 2 or more containers during the delivery or movement—calculating the weight, in tonnes, of each of the individual containers, in accordance with paragraph (a) .\n- (a) all of the waste or other material is contained in 1 or more containers during the delivery or movement; and Examples of a container— agricultural bin, cane haulout bin, skip bin, wheelie bin\n- (b) the capacity of each of the containers— (i) is written on, or attached to, the container in a clearly visible place; or (ii) is evidenced by a document from the container’s manufacturer; or (iii) can be measured by reference to the dimensions of the container.\n- (i) is written on, or attached to, the container in a clearly visible place; or\n- (ii) is evidenced by a document from the container’s manufacturer; or\n- (iii) can be measured by reference to the dimensions of the container.\n- (i) is written on, or attached to, the container in a clearly visible place; or\n- (ii) is evidenced by a document from the container’s manufacturer; or\n- (iii) can be measured by reference to the dimensions of the container.\n- (a) if all of the waste or other material is contained in a single container during the delivery or movement—multiplying the total capacity of the container, in cubic metres, by the weight multiplier stated in schedule 4 , table 2, column 3 opposite the type of waste; or Examples for paragraph (a) — 1 A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t. 2 A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t.\n- 1 A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t.\n- 2 A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t.\n- (b) if all of the waste or other material is contained in 2 or more containers during the delivery or movement—calculating the weight, in tonnes, of each of the individual containers, in accordance with paragraph (a) .\n- 1 A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t.\n- 2 A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Annual payments to local governments— Act , s 73DA","content":"### sec.26 Annual payments to local governments— Act , s 73DA\n\nFor section 73DA (1) of the Act , the amount prescribed, for a financial year, to be paid to a local government mentioned in schedule 5 , column 1 is the following—\nfor the financial year starting on 1 July 2023—the amount stated in schedule 5 , column 2 opposite the local government;\nfor the financial year starting on 1 July 2024—the amount stated in schedule 5 , column 3 opposite the local government;\nfor the financial year starting on 1 July 2025—the amount stated in schedule 5 , column 4 opposite the local government;\nfor the financial year starting on 1 July 2026—the amount stated in schedule 5 , column 5 opposite the local government.\ns 26 amd 2024 SL No. 111 s 4\n- (a) for the financial year starting on 1 July 2023—the amount stated in schedule 5 , column 2 opposite the local government;\n- (b) for the financial year starting on 1 July 2024—the amount stated in schedule 5 , column 3 opposite the local government;\n- (c) for the financial year starting on 1 July 2025—the amount stated in schedule 5 , column 4 opposite the local government;\n- (d) for the financial year starting on 1 July 2026—the amount stated in schedule 5 , column 5 opposite the local government.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Day for reviewing particular matters in relation to waste levy— Act , s 271","content":"### sec.27 Day for reviewing particular matters in relation to waste levy— Act , s 271\n\nFor section 271 (2) (g) of the Act , the day prescribed is 30 June 2026.","sortOrder":35},{"sectionNumber":"pt.5","sectionType":"part","heading":"Banned plastic shopping bags","content":"# Banned plastic shopping bags","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Banned plastic shopping bags— Act , s 99B","content":"### sec.28 Banned plastic shopping bags— Act , s 99B\n\nFor section 99B (1) (b) of the Act , a carry bag with handles is prescribed to be a banned plastic shopping bag if—\nthe carry bag is made, in whole or part, of plastic film (whether or not the plastic is degradable) that has a thickness of 35µm or more; and\nfor a carry bag made of non-compostable plastic—the carry bag contains less than 80% recycled plastic content; and\nthe carry bag is not of a size and durability that would allow it to be used to carry 10kg of goods at least 125 times, as tested by a standardised test related to the reusability, durability and endurance of the carry bag.\nIn this section—\nAS 5810 see section 99GB of the Act .\nnon-compostable plastic means plastic that is not compostable under AS 4736 or AS 5810.\ns 28 amd 2025 SL No. 154 s 18\n(sec.28-ssec.1) For section 99B (1) (b) of the Act , a carry bag with handles is prescribed to be a banned plastic shopping bag if— the carry bag is made, in whole or part, of plastic film (whether or not the plastic is degradable) that has a thickness of 35µm or more; and for a carry bag made of non-compostable plastic—the carry bag contains less than 80% recycled plastic content; and the carry bag is not of a size and durability that would allow it to be used to carry 10kg of goods at least 125 times, as tested by a standardised test related to the reusability, durability and endurance of the carry bag.\n(sec.28-ssec.2) In this section— AS 5810 see section 99GB of the Act . non-compostable plastic means plastic that is not compostable under AS 4736 or AS 5810.\n- (a) the carry bag is made, in whole or part, of plastic film (whether or not the plastic is degradable) that has a thickness of 35µm or more; and\n- (b) for a carry bag made of non-compostable plastic—the carry bag contains less than 80% recycled plastic content; and\n- (c) the carry bag is not of a size and durability that would allow it to be used to carry 10kg of goods at least 125 times, as tested by a standardised test related to the reusability, durability and endurance of the carry bag.","sortOrder":37},{"sectionNumber":"pt.6","sectionType":"part","heading":"Plastic items","content":"# Plastic items","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Banned single-use plastic items— Act , s 99GC","content":"### sec.29 Banned single-use plastic items— Act , s 99GC\n\nFor section 99GC (1) (b) of the Act , each of the following single-use plastic items is prescribed to be a banned single-use plastic item—\na banned cotton bud;\na banned rinsable product;\nloose-fill packaging material made, in whole or part, of expanded polystyrene (EPS).\npacking peanuts\nIn this section—\nbanned cotton bud means a cotton bud with a plastic stem, other than a cotton bud that is used or intended to be used for testing carried out for forensic, medical, scientific or law enforcement purposes.\nbanned rinsable product means—\na cosmetic, or product for personal care, that—\ncontains plastic microbeads; and\nis intended to be rinsed or washed off immediately or shortly after use; or\na product for general cleaning that—\ncontains plastic microbeads; and\nis intended to be used in a way that will result in the product being rinsed or washed down a drain.\na product intended to clean kitchen surfaces by being applied with a cloth that will be rinsed or washed after use\n(sec.29-ssec.1) For section 99GC (1) (b) of the Act , each of the following single-use plastic items is prescribed to be a banned single-use plastic item— a banned cotton bud; a banned rinsable product; loose-fill packaging material made, in whole or part, of expanded polystyrene (EPS). packing peanuts\n(sec.29-ssec.2) In this section— banned cotton bud means a cotton bud with a plastic stem, other than a cotton bud that is used or intended to be used for testing carried out for forensic, medical, scientific or law enforcement purposes. banned rinsable product means— a cosmetic, or product for personal care, that— contains plastic microbeads; and is intended to be rinsed or washed off immediately or shortly after use; or a product for general cleaning that— contains plastic microbeads; and is intended to be used in a way that will result in the product being rinsed or washed down a drain. a product intended to clean kitchen surfaces by being applied with a cloth that will be rinsed or washed after use\n- (a) a banned cotton bud;\n- (b) a banned rinsable product;\n- (c) loose-fill packaging material made, in whole or part, of expanded polystyrene (EPS). Example for paragraph (c) — packing peanuts\n- (a) a cosmetic, or product for personal care, that— (i) contains plastic microbeads; and (ii) is intended to be rinsed or washed off immediately or shortly after use; or\n- (i) contains plastic microbeads; and\n- (ii) is intended to be rinsed or washed off immediately or shortly after use; or\n- (b) a product for general cleaning that— (i) contains plastic microbeads; and (ii) is intended to be used in a way that will result in the product being rinsed or washed down a drain. Example for subparagraph (ii) — a product intended to clean kitchen surfaces by being applied with a cloth that will be rinsed or washed after use\n- (i) contains plastic microbeads; and\n- (ii) is intended to be used in a way that will result in the product being rinsed or washed down a drain. Example for subparagraph (ii) — a product intended to clean kitchen surfaces by being applied with a cloth that will be rinsed or washed after use\n- (i) contains plastic microbeads; and\n- (ii) is intended to be rinsed or washed off immediately or shortly after use; or\n- (i) contains plastic microbeads; and\n- (ii) is intended to be used in a way that will result in the product being rinsed or washed down a drain. Example for subparagraph (ii) — a product intended to clean kitchen surfaces by being applied with a cloth that will be rinsed or washed after use","sortOrder":39},{"sectionNumber":"pt.7","sectionType":"part","heading":"Beverage container refund scheme","content":"# Beverage container refund scheme","sortOrder":40},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Prescribed matters for definitions","content":"## Prescribed matters for definitions","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Refund amount— Act , s 99K","content":"### sec.30 Refund amount— Act , s 99K\n\nFor section 99K of the Act , definition refund amount , the amount prescribed as the refund amount is 10c.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Requirements for refund marking— Act , s 99K","content":"### sec.31 Requirements for refund marking— Act , s 99K\n\nFor section 99K of the Act , definition refund marking , the following requirements are prescribed—\nthe marking or labelling must state—\nthe refund amount; and\nthat the refund amount may be claimed at a container refund point, however described, in a participating State;\nthe marking or labelling must be of a colour and size that is clear and legible for the container.\nIn this section—\nparticipating State means Queensland or a corresponding jurisdiction.\n(sec.31-ssec.1) For section 99K of the Act , definition refund marking , the following requirements are prescribed— the marking or labelling must state— the refund amount; and that the refund amount may be claimed at a container refund point, however described, in a participating State; the marking or labelling must be of a colour and size that is clear and legible for the container.\n(sec.31-ssec.2) In this section— participating State means Queensland or a corresponding jurisdiction.\n- (a) the marking or labelling must state— (i) the refund amount; and (ii) that the refund amount may be claimed at a container refund point, however described, in a participating State;\n- (i) the refund amount; and\n- (ii) that the refund amount may be claimed at a container refund point, however described, in a participating State;\n- (b) the marking or labelling must be of a colour and size that is clear and legible for the container.\n- (i) the refund amount; and\n- (ii) that the refund amount may be claimed at a container refund point, however described, in a participating State;","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Excluded liquids— Act , s 99L","content":"### sec.32 Excluded liquids— Act , s 99L\n\nFor section 99L of the Act , each of the following liquids is prescribed to not be a beverage—\nmilk;\ncordial intended to be diluted before being consumed;\nconcentrated fruit juice, or vegetable juice, intended to be diluted before being consumed;\na health tonic;\na syrup.\nIn this section—\nhealth tonic means—\na liquid included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Cwlth) , section 9A ; or\nanother liquid supplied with a label or accompanying document stating—\nthat the liquid is for medicinal purposes; and\na recommended maximum dose of the liquid.\nmilk includes—\na milk product, other than the following—\nflavoured milk;\na product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and\nmilk concentrate, milk powder\na plant-based milk substitute.\nalmond milk, soy milk\n(sec.32-ssec.1) For section 99L of the Act , each of the following liquids is prescribed to not be a beverage— milk; cordial intended to be diluted before being consumed; concentrated fruit juice, or vegetable juice, intended to be diluted before being consumed; a health tonic; a syrup.\n(sec.32-ssec.2) In this section— health tonic means— a liquid included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Cwlth) , section 9A ; or another liquid supplied with a label or accompanying document stating— that the liquid is for medicinal purposes; and a recommended maximum dose of the liquid. milk includes— a milk product, other than the following— flavoured milk; a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and milk concentrate, milk powder a plant-based milk substitute. almond milk, soy milk\n- (a) milk;\n- (b) cordial intended to be diluted before being consumed;\n- (c) concentrated fruit juice, or vegetable juice, intended to be diluted before being consumed;\n- (d) a health tonic;\n- (e) a syrup.\n- (a) a liquid included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Cwlth) , section 9A ; or\n- (b) another liquid supplied with a label or accompanying document stating— (i) that the liquid is for medicinal purposes; and (ii) a recommended maximum dose of the liquid.\n- (i) that the liquid is for medicinal purposes; and\n- (ii) a recommended maximum dose of the liquid.\n- (i) that the liquid is for medicinal purposes; and\n- (ii) a recommended maximum dose of the liquid.\n- (a) a milk product, other than the following— (i) flavoured milk; (ii) a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and Examples for paragraph (a) — milk concentrate, milk powder\n- (i) flavoured milk;\n- (ii) a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and\n- (b) a plant-based milk substitute. Examples for paragraph (b) — almond milk, soy milk\n- (i) flavoured milk;\n- (ii) a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Excluded containers— Act , s 99M","content":"### sec.33 Excluded containers— Act , s 99M\n\nFor section 99M (2) of the Act , each of the following containers is prescribed to not be a container—\na container made to contain less than 150ml, or more than 3L, of a beverage;\na container made to contain 1L or more of—\nflavoured milk; or\na beverage that is at least 90% fruit juice or vegetable juice;\na container that—\nis made of cardboard and either plastic or foil, or both (commonly known as a cask or aseptic packaging); and\nis made to contain 1L or more of—\nwine; or\na wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or\nwater;\na container that—\nis made of plastic or foil, or both (commonly known as a sachet); and\nis made to contain 250ml or more of wine.\n- (a) a container made to contain less than 150ml, or more than 3L, of a beverage;\n- (b) a container made to contain 1L or more of— (i) flavoured milk; or (ii) a beverage that is at least 90% fruit juice or vegetable juice;\n- (i) flavoured milk; or\n- (ii) a beverage that is at least 90% fruit juice or vegetable juice;\n- (c) a container that— (i) is made of cardboard and either plastic or foil, or both (commonly known as a cask or aseptic packaging); and (ii) is made to contain 1L or more of— (A) wine; or (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or (C) water;\n- (i) is made of cardboard and either plastic or foil, or both (commonly known as a cask or aseptic packaging); and\n- (ii) is made to contain 1L or more of— (A) wine; or (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or (C) water;\n- (A) wine; or\n- (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or\n- (C) water;\n- (d) a container that— (i) is made of plastic or foil, or both (commonly known as a sachet); and (ii) is made to contain 250ml or more of wine.\n- (i) is made of plastic or foil, or both (commonly known as a sachet); and\n- (ii) is made to contain 250ml or more of wine.\n- (i) flavoured milk; or\n- (ii) a beverage that is at least 90% fruit juice or vegetable juice;\n- (i) is made of cardboard and either plastic or foil, or both (commonly known as a cask or aseptic packaging); and\n- (ii) is made to contain 1L or more of— (A) wine; or (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or (C) water;\n- (A) wine; or\n- (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or\n- (C) water;\n- (A) wine; or\n- (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or\n- (C) water;\n- (i) is made of plastic or foil, or both (commonly known as a sachet); and\n- (ii) is made to contain 250ml or more of wine.","sortOrder":45},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Sale of beverages in containers","content":"## Sale of beverages in containers","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Other matters for container recovery agreements— Act , s 99Q","content":"### sec.34 Other matters for container recovery agreements— Act , s 99Q\n\nFor section 99Q (4) (f) of the Act , the other matters prescribed for a container recovery agreement are—\nthe effect of a breach of the agreement by either party to the agreement; and\na process for managing a breach mentioned in paragraph (a) and its effect; and\na process for either party to the agreement to end the agreement.\n- (a) the effect of a breach of the agreement by either party to the agreement; and\n- (b) a process for managing a breach mentioned in paragraph (a) and its effect; and\n- (c) a process for either party to the agreement to end the agreement.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Standard terms for container recovery agreements— Act , s 99Q","content":"### sec.35 Standard terms for container recovery agreements— Act , s 99Q\n\nFor section 99Q (5) of the Act —\nthe standard term stated in schedule 6 , part 2 is prescribed for all container recovery agreements between the Organisation and the manufacturer of a beverage product; and\nthe standard terms stated in schedule 6 , part 3 are prescribed for a container recovery agreement between the Organisation and a small beverage manufacturer, other than a small beverage manufacturer that is a relevant beverage manufacturer; and\nthe standard terms stated in schedule 6 , part 4 are prescribed for a container recovery agreement between the Organisation and a small beverage manufacturer that is a relevant beverage manufacturer.\n- (a) the standard term stated in schedule 6 , part 2 is prescribed for all container recovery agreements between the Organisation and the manufacturer of a beverage product; and\n- (b) the standard terms stated in schedule 6 , part 3 are prescribed for a container recovery agreement between the Organisation and a small beverage manufacturer, other than a small beverage manufacturer that is a relevant beverage manufacturer; and\n- (c) the standard terms stated in schedule 6 , part 4 are prescribed for a container recovery agreement between the Organisation and a small beverage manufacturer that is a relevant beverage manufacturer.","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Small beverage manufacturer— Act , s 99R","content":"### sec.36 Small beverage manufacturer— Act , s 99R\n\nFor section 99R (2) of the Act , definition small beverage manufacturer , a manufacturer of a beverage product is prescribed to be a small beverage manufacturer for a financial year if the manufacturer manufactures not more than 300,000 of the beverage product for the financial year.","sortOrder":49},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Refund amounts for empty containers","content":"## Refund amounts for empty containers","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Bulk quantity for refund declaration— Act , s 99T","content":"### sec.37 Bulk quantity for refund declaration— Act , s 99T\n\nFor section 99T (4) of the Act , definition bulk quantity , the quantity of containers prescribed is at least 1,500.","sortOrder":51},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Container collection agreements","content":"## Container collection agreements","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Other matters for container collection agreements— Act , s 99ZA","content":"### sec.38 Other matters for container collection agreements— Act , s 99ZA\n\nFor section 99ZA (1) (i) of the Act , the other matters prescribed for a container collection agreement are—\nthe effect of a breach of the agreement by either party to the agreement; and\na process for managing a breach mentioned in paragraph (a) and its effect; and\na process for either party to the agreement to end the agreement.\n- (a) the effect of a breach of the agreement by either party to the agreement; and\n- (b) a process for managing a breach mentioned in paragraph (a) and its effect; and\n- (c) a process for either party to the agreement to end the agreement.","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Standard terms for particular container collection agreements— Act , s 99ZA","content":"### sec.39 Standard terms for particular container collection agreements— Act , s 99ZA\n\nFor section 99ZA (2) of the Act , the standard terms stated in schedule 7 are prescribed for a container collection agreement between—\nthe Organisation; and\nthe operator of 2 or more container refund points under the agreement.\n- (a) the Organisation; and\n- (b) the operator of 2 or more container refund points under the agreement.","sortOrder":54},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Material recovery facilities","content":"## Material recovery facilities","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Excluded facilities and places— Act , s 99ZE","content":"### sec.40 Excluded facilities and places— Act , s 99ZE\n\nFor section 99ZE (2) of the Act , each of the following facilities or places is prescribed to not be a material recovery facility—\na waste transfer station;\na waste facility;\na place where—\na beverage product is sold in a container made of glass; and\nbottle crushing equipment is used to crush the container when the container is empty.\nIn this section—\nbottle crushing equipment means equipment designed to crush containers made of glass.\nwaste transfer station means a facility used for—\nsorting or consolidating waste; and\ntemporarily storing the waste before moving it from the site where the sorting or consolidation of the waste is carried out.\na facility managed commercially at which waste is received and sorted, and from which the recyclable waste is sent to a recycling facility and the non-recyclable waste is sent to landfill on another site\n(sec.40-ssec.1) For section 99ZE (2) of the Act , each of the following facilities or places is prescribed to not be a material recovery facility— a waste transfer station; a waste facility; a place where— a beverage product is sold in a container made of glass; and bottle crushing equipment is used to crush the container when the container is empty.\n(sec.40-ssec.2) In this section— bottle crushing equipment means equipment designed to crush containers made of glass. waste transfer station means a facility used for— sorting or consolidating waste; and temporarily storing the waste before moving it from the site where the sorting or consolidation of the waste is carried out. a facility managed commercially at which waste is received and sorted, and from which the recyclable waste is sent to a recycling facility and the non-recyclable waste is sent to landfill on another site\n- (a) a waste transfer station;\n- (b) a waste facility;\n- (c) a place where— (i) a beverage product is sold in a container made of glass; and (ii) bottle crushing equipment is used to crush the container when the container is empty.\n- (i) a beverage product is sold in a container made of glass; and\n- (ii) bottle crushing equipment is used to crush the container when the container is empty.\n- (i) a beverage product is sold in a container made of glass; and\n- (ii) bottle crushing equipment is used to crush the container when the container is empty.\n- (a) sorting or consolidating waste; and\n- (b) temporarily storing the waste before moving it from the site where the sorting or consolidation of the waste is carried out.","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"Other matters for material recovery agreements— Act , s 99ZF","content":"### sec.41 Other matters for material recovery agreements— Act , s 99ZF\n\nFor section 99ZF (2) (h) of the Act , the other matters prescribed for a material recovery agreement are—\nthe effect of a breach of the agreement by either party to the agreement; and\na process for managing a breach mentioned in paragraph (a) and its effect; and\na process for either party to the agreement to end the agreement.\n- (a) the effect of a breach of the agreement by either party to the agreement; and\n- (b) a process for managing a breach mentioned in paragraph (a) and its effect; and\n- (c) a process for either party to the agreement to end the agreement.","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Standard terms for material recovery agreements— Act , s 99ZF","content":"### sec.42 Standard terms for material recovery agreements— Act , s 99ZF\n\nFor section 99ZF (3) of the Act —\nthe standard term stated in schedule 8 , part 1 is prescribed for all material recovery agreements between the Organisation and the operator of a material recovery facility; and\nthe standard terms stated in schedule 8 , part 2 are prescribed for a material recovery agreement between the Organisation and the operator of a material recovery facility if the agreement requires a written arrangement—\nbetween the operator and a local government from whose local government area the operator receives, at the facility, recyclable waste collected from kerbsides in the local government area; and\nabout the proportion of the recovery amount for a quantity of containers under the material recovery agreement the operator will pay to the local government.\n- (a) the standard term stated in schedule 8 , part 1 is prescribed for all material recovery agreements between the Organisation and the operator of a material recovery facility; and\n- (b) the standard terms stated in schedule 8 , part 2 are prescribed for a material recovery agreement between the Organisation and the operator of a material recovery facility if the agreement requires a written arrangement— (i) between the operator and a local government from whose local government area the operator receives, at the facility, recyclable waste collected from kerbsides in the local government area; and (ii) about the proportion of the recovery amount for a quantity of containers under the material recovery agreement the operator will pay to the local government.\n- (i) between the operator and a local government from whose local government area the operator receives, at the facility, recyclable waste collected from kerbsides in the local government area; and\n- (ii) about the proportion of the recovery amount for a quantity of containers under the material recovery agreement the operator will pay to the local government.\n- (i) between the operator and a local government from whose local government area the operator receives, at the facility, recyclable waste collected from kerbsides in the local government area; and\n- (ii) about the proportion of the recovery amount for a quantity of containers under the material recovery agreement the operator will pay to the local government.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Review of recovery amount protocol— Act , s 99ZK","content":"### sec.43 Review of recovery amount protocol— Act , s 99ZK\n\nFor section 99ZK (4) (b) of the Act , the other times prescribed for reviewing the recovery amount protocol are at least once during each financial year.","sortOrder":59},{"sectionNumber":"pt.8","sectionType":"part","heading":"Outcomes for Product Responsibility Organisation","content":"# Outcomes for Product Responsibility Organisation","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Purpose of part— Act , s 102ZF","content":"### sec.44 Purpose of part— Act , s 102ZF\n\nFor section 102ZF (1) of the Act , this part prescribes the outcomes to be achieved by the Organisation.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Container recovery rates","content":"### sec.45 Container recovery rates\n\nThe Organisation is to achieve a container recovery rate of at least 85% for each financial year.\nIn this section—\ncontainer recovery rate , for a financial year, means the proportion of containers recycled during the financial year, expressed as a percentage, worked out using the formula—\nwhere—\nR means the container recovery rate for a financial year.\nC means the number of containers received at a container refund point during the financial year.\nM means the number of containers received at a material recovery facility during the financial year.\nS means the number of containers in which beverage products were sold in Queensland during the financial year.\n(sec.45-ssec.1) The Organisation is to achieve a container recovery rate of at least 85% for each financial year.\n(sec.45-ssec.2) In this section— container recovery rate , for a financial year, means the proportion of containers recycled during the financial year, expressed as a percentage, worked out using the formula— where— R means the container recovery rate for a financial year. C means the number of containers received at a container refund point during the financial year. M means the number of containers received at a material recovery facility during the financial year. S means the number of containers in which beverage products were sold in Queensland during the financial year.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Container refund points","content":"### sec.46 Container refund points\n\nThe Organisation is to ensure at least 307 container refund points are operating for each financial year.","sortOrder":63},{"sectionNumber":"pt.9","sectionType":"part","heading":"Strategic planning for waste reduction and recycling","content":"# Strategic planning for waste reduction and recycling","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Compliance with waste reduction and recycling plan obligations— Act , ss 123 , 133 and 141","content":"### sec.47 Compliance with waste reduction and recycling plan obligations— Act , ss 123 , 133 and 141\n\nFor sections 123 (1) , 133 (1) and 141 (4) of the Act , the day prescribed is 30 June 2015.","sortOrder":65},{"sectionNumber":"pt.10","sectionType":"part","heading":"Reporting on waste recovery and disposal","content":"# Reporting on waste recovery and disposal","sortOrder":66},{"sectionNumber":"sec.48","sectionType":"section","heading":"Waste threshold for reporting entities— Act , s 150","content":"### sec.48 Waste threshold for reporting entities— Act , s 150\n\nFor section 150 (4) (a) of the Act , this section prescribes the threshold for a decision by the chief executive whether to identify an entity as a reporting entity.\nThe threshold is that, in the financial year immediately preceding the financial year in which the decision is made, the entity received, sorted, recycled, treated or disposed of at least 1,000 tonnes of waste.\n(sec.48-ssec.1) For section 150 (4) (a) of the Act , this section prescribes the threshold for a decision by the chief executive whether to identify an entity as a reporting entity.\n(sec.48-ssec.2) The threshold is that, in the financial year immediately preceding the financial year in which the decision is made, the entity received, sorted, recycled, treated or disposed of at least 1,000 tonnes of waste.","sortOrder":67},{"sectionNumber":"pt.11","sectionType":"part","heading":"Management of polychlorinated biphenyls (PCBs)","content":"# Management of polychlorinated biphenyls (PCBs)","sortOrder":68},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Definitions for part","content":"### sec.49 Definitions for part\n\nIn this part—\nconcentrated PCB material means scheduled PCB material that—\ncontains at least 50g of PCBs; and\nhas a concentration of PCBs in the material of at least 100,000mg/kg.\ndiluent means a matrix within which PCBs are distributed such as, for example, oil, soil or concrete, but does not include the casing or other solid surrounding the matrix.\nlicensed disposal facility means a facility in Queensland, or in another State, that is authorised under a relevant authority to be used for disposing of PCB waste.\nlicensed treatment facility means a facility in Queensland, or in another State, that is authorised under a relevant authority to be used for treating PCB waste.\nPCB means a polychlorinated biphenyl.\nPCB-free —\nin relation to material—see section 50 (1) ; or\nin relation to equipment—see section 50 (2) .\nPCB material means—\nPCBs that are not in a diluent; or\nPCBs in a diluent in a concentration of at least 2mg/kg.\nPCB waste means waste that is PCB material.\nrelevant authority means—\nin relation to a facility in Queensland—\na development condition of a development approval; or\nan environmental authority; or\nin relation to a facility in another State—a licence, approval or other authority given under a law of that State.\nscheduled PCB material means PCB material that—\ncontains at least 50g of PCBs; and\nhas a concentration of PCBs in the material of at least 50mg/kg.\n- (a) contains at least 50g of PCBs; and\n- (b) has a concentration of PCBs in the material of at least 100,000mg/kg.\n- (a) in relation to material—see section 50 (1) ; or\n- (b) in relation to equipment—see section 50 (2) .\n- (a) PCBs that are not in a diluent; or\n- (b) PCBs in a diluent in a concentration of at least 2mg/kg.\n- (a) in relation to a facility in Queensland— (i) a development condition of a development approval; or (ii) an environmental authority; or\n- (i) a development condition of a development approval; or\n- (ii) an environmental authority; or\n- (b) in relation to a facility in another State—a licence, approval or other authority given under a law of that State.\n- (i) a development condition of a development approval; or\n- (ii) an environmental authority; or\n- (a) contains at least 50g of PCBs; and\n- (b) has a concentration of PCBs in the material of at least 50mg/kg.","sortOrder":70},{"sectionNumber":"sec.50","sectionType":"section","heading":"When material or equipment is PCB-free","content":"### sec.50 When material or equipment is PCB-free\n\nMaterial is PCB-free if it is not PCB material.\nEquipment is PCB-free if—\nthere is no PCB material in the equipment; or\nthere is PCB material in the equipment, but both of the following apply—\nthe only PCB material in the equipment is on the surface area of PCB-contaminated metal in the equipment;\nthe PCB-contaminated metal in the equipment does not have a coverage of PCBs on its surface area of more than 1mg/m 2 , as decided under the guidelines published under subsection (3) .\nThe chief executive must—\nprepare guidelines for working out the coverage of PCBs on the surface area of PCB-contaminated metal; and\npublish the guidelines on the department’s website.\nIn this section—\nPCB-contaminated metal , in equipment, means metal that normally comes into contact with PCB material when the equipment is used.\n(sec.50-ssec.1) Material is PCB-free if it is not PCB material.\n(sec.50-ssec.2) Equipment is PCB-free if— there is no PCB material in the equipment; or there is PCB material in the equipment, but both of the following apply— the only PCB material in the equipment is on the surface area of PCB-contaminated metal in the equipment; the PCB-contaminated metal in the equipment does not have a coverage of PCBs on its surface area of more than 1mg/m 2 , as decided under the guidelines published under subsection (3) .\n(sec.50-ssec.3) The chief executive must— prepare guidelines for working out the coverage of PCBs on the surface area of PCB-contaminated metal; and publish the guidelines on the department’s website.\n(sec.50-ssec.4) In this section— PCB-contaminated metal , in equipment, means metal that normally comes into contact with PCB material when the equipment is used.\n- (a) there is no PCB material in the equipment; or\n- (b) there is PCB material in the equipment, but both of the following apply— (i) the only PCB material in the equipment is on the surface area of PCB-contaminated metal in the equipment; (ii) the PCB-contaminated metal in the equipment does not have a coverage of PCBs on its surface area of more than 1mg/m 2 , as decided under the guidelines published under subsection (3) .\n- (i) the only PCB material in the equipment is on the surface area of PCB-contaminated metal in the equipment;\n- (ii) the PCB-contaminated metal in the equipment does not have a coverage of PCBs on its surface area of more than 1mg/m 2 , as decided under the guidelines published under subsection (3) .\n- (i) the only PCB material in the equipment is on the surface area of PCB-contaminated metal in the equipment;\n- (ii) the PCB-contaminated metal in the equipment does not have a coverage of PCBs on its surface area of more than 1mg/m 2 , as decided under the guidelines published under subsection (3) .\n- (a) prepare guidelines for working out the coverage of PCBs on the surface area of PCB-contaminated metal; and\n- (b) publish the guidelines on the department’s website.","sortOrder":71},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Treatment of PCB material","content":"## Treatment of PCB material","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Treatment of PCB material only at licensed treatment facilities","content":"### sec.51 Treatment of PCB material only at licensed treatment facilities\n\nA person must not dilute, disaggregate or otherwise treat PCB material at a place other than a licensed treatment facility.\nSection 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\nFor this section, a person does not treat PCB material only because the person—\nremoves PCB material from equipment; or\nrefills equipment containing PCB material for the purpose of the continued operation of the equipment.\n(sec.51-ssec.1) A person must not dilute, disaggregate or otherwise treat PCB material at a place other than a licensed treatment facility. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n(sec.51-ssec.2) For this section, a person does not treat PCB material only because the person— removes PCB material from equipment; or refills equipment containing PCB material for the purpose of the continued operation of the equipment.\n- (a) removes PCB material from equipment; or\n- (b) refills equipment containing PCB material for the purpose of the continued operation of the equipment.","sortOrder":73},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Disposal of PCB waste","content":"## Disposal of PCB waste","sortOrder":74},{"sectionNumber":"sec.52","sectionType":"section","heading":"Waste that is scheduled PCB material to be sent for treatment","content":"### sec.52 Waste that is scheduled PCB material to be sent for treatment\n\nA person who generates waste that is scheduled PCB material must, within 1 year after the waste is generated, send the waste to a licensed treatment facility for treatment.\nMaximum penalty—20 penalty units.\nIt is a defence to a charge of an offence against subsection (1) for the person to show that the person has a reasonable excuse for not complying.\nthat there is no licensed treatment facility to which the waste can be sent within 1 year after it is generated\nIf a person is not able to comply with subsection (1) , the person must—\ngive the chief executive a notice stating—\nthat the person is not able to comply with subsection (1) , and the reason; and\nhow the person will ensure the waste is sent to a licensed treatment facility for treatment as soon as practicable; and\nsend the waste to a licensed treatment facility, for treatment, as soon as is practicable.\nMaximum penalty—20 penalty units.\n(sec.52-ssec.1) A person who generates waste that is scheduled PCB material must, within 1 year after the waste is generated, send the waste to a licensed treatment facility for treatment. Maximum penalty—20 penalty units.\n(sec.52-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to show that the person has a reasonable excuse for not complying. that there is no licensed treatment facility to which the waste can be sent within 1 year after it is generated\n(sec.52-ssec.3) If a person is not able to comply with subsection (1) , the person must— give the chief executive a notice stating— that the person is not able to comply with subsection (1) , and the reason; and how the person will ensure the waste is sent to a licensed treatment facility for treatment as soon as practicable; and send the waste to a licensed treatment facility, for treatment, as soon as is practicable. Maximum penalty—20 penalty units.\n- (a) give the chief executive a notice stating— (i) that the person is not able to comply with subsection (1) , and the reason; and (ii) how the person will ensure the waste is sent to a licensed treatment facility for treatment as soon as practicable; and\n- (i) that the person is not able to comply with subsection (1) , and the reason; and\n- (ii) how the person will ensure the waste is sent to a licensed treatment facility for treatment as soon as practicable; and\n- (b) send the waste to a licensed treatment facility, for treatment, as soon as is practicable.\n- (i) that the person is not able to comply with subsection (1) , and the reason; and\n- (ii) how the person will ensure the waste is sent to a licensed treatment facility for treatment as soon as practicable; and","sortOrder":75},{"sectionNumber":"sec.53","sectionType":"section","heading":"Prohibition on disposing of particular PCB waste to landfill","content":"### sec.53 Prohibition on disposing of particular PCB waste to landfill\n\nA person must not dispose of either of the following types of PCB waste to landfill—\nPCB waste that is scheduled PCB material;\nPCB waste that is a liquid.\nMaximum penalty—20 penalty units.\n- (a) PCB waste that is scheduled PCB material;\n- (b) PCB waste that is a liquid.","sortOrder":76},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Duties of occupier of premises with scheduled PCB material","content":"## Duties of occupier of premises with scheduled PCB material","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of division","content":"### sec.54 Application of division\n\nThis division applies to a person who occupies premises at which there is an amount of scheduled PCB material containing more than 10kg of PCBs.","sortOrder":78},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notice to chief executive","content":"### sec.55 Notice to chief executive\n\nThe person must, within 3 months after this division starts to apply to the person, give the chief executive a notice stating—\nthe person’s name and address; and\nthe date of the notice; and\nthe prescribed information about the scheduled PCB material at the premises.\nMaximum penalty—10 penalty units.\nIf there is a change in any of the prescribed information stated in a notice given by the person under this section, the person must, within 3 months after the change, give the chief executive a further notice stating—\nthe person’s name and address; and\nthe date of the notice; and\nthe day the change happened; and\nthe particulars of the change.\nMaximum penalty—10 penalty units.\nIn this section—\nprescribed information , about scheduled PCB material at premises, means the following information—\nthe address of the premises;\nwhere the material is located at the premises;\nthe amount of the material at the premises;\nthe amount and concentration of PCBs in the material.\n(sec.55-ssec.1) The person must, within 3 months after this division starts to apply to the person, give the chief executive a notice stating— the person’s name and address; and the date of the notice; and the prescribed information about the scheduled PCB material at the premises. Maximum penalty—10 penalty units.\n(sec.55-ssec.2) If there is a change in any of the prescribed information stated in a notice given by the person under this section, the person must, within 3 months after the change, give the chief executive a further notice stating— the person’s name and address; and the date of the notice; and the day the change happened; and the particulars of the change. Maximum penalty—10 penalty units.\n(sec.55-ssec.3) In this section— prescribed information , about scheduled PCB material at premises, means the following information— the address of the premises; where the material is located at the premises; the amount of the material at the premises; the amount and concentration of PCBs in the material.\n- (a) the person’s name and address; and\n- (b) the date of the notice; and\n- (c) the prescribed information about the scheduled PCB material at the premises.\n- (a) the person’s name and address; and\n- (b) the date of the notice; and\n- (c) the day the change happened; and\n- (d) the particulars of the change.\n- (a) the address of the premises;\n- (b) where the material is located at the premises;\n- (c) the amount of the material at the premises;\n- (d) the amount and concentration of PCBs in the material.","sortOrder":79},{"sectionNumber":"sec.56","sectionType":"section","heading":"Emergency plans","content":"### sec.56 Emergency plans\n\nThe person must—\nprepare an emergency plan for the premises within 3 months after this division starts to apply to the person; and\nkeep the plan up to date.\nMaximum penalty—5 penalty units.\nIn this section—\nemergency plan , for premises, means a plan that provides for—\nthe monitoring and recording of the following matters in relation to scheduled PCB material at the premises—\nthe amount of the material at the premises;\nthe location of the material at the premises;\naccess to the material at the premises; and\nprocedures to minimise the risk of a relevant incident at the premises; and\nprocedures to provide for the following matters if a relevant incident happens at the premises—\nthe timely and effective containment of the incident;\nthe timely and effective clean-up and repairs after the incident;\nthe management of waste generated by the clean-up or repairs.\nrelevant incident , at premises, means a fire, spill or other accident involving scheduled PCB material at the premises.\n(sec.56-ssec.1) The person must— prepare an emergency plan for the premises within 3 months after this division starts to apply to the person; and keep the plan up to date. Maximum penalty—5 penalty units.\n(sec.56-ssec.2) In this section— emergency plan , for premises, means a plan that provides for— the monitoring and recording of the following matters in relation to scheduled PCB material at the premises— the amount of the material at the premises; the location of the material at the premises; access to the material at the premises; and procedures to minimise the risk of a relevant incident at the premises; and procedures to provide for the following matters if a relevant incident happens at the premises— the timely and effective containment of the incident; the timely and effective clean-up and repairs after the incident; the management of waste generated by the clean-up or repairs. relevant incident , at premises, means a fire, spill or other accident involving scheduled PCB material at the premises.\n- (a) prepare an emergency plan for the premises within 3 months after this division starts to apply to the person; and\n- (b) keep the plan up to date.\n- (a) the monitoring and recording of the following matters in relation to scheduled PCB material at the premises— (i) the amount of the material at the premises; (ii) the location of the material at the premises; (iii) access to the material at the premises; and\n- (i) the amount of the material at the premises;\n- (ii) the location of the material at the premises;\n- (iii) access to the material at the premises; and\n- (b) procedures to minimise the risk of a relevant incident at the premises; and\n- (c) procedures to provide for the following matters if a relevant incident happens at the premises— (i) the timely and effective containment of the incident; (ii) the timely and effective clean-up and repairs after the incident; (iii) the management of waste generated by the clean-up or repairs.\n- (i) the timely and effective containment of the incident;\n- (ii) the timely and effective clean-up and repairs after the incident;\n- (iii) the management of waste generated by the clean-up or repairs.\n- (i) the amount of the material at the premises;\n- (ii) the location of the material at the premises;\n- (iii) access to the material at the premises; and\n- (i) the timely and effective containment of the incident;\n- (ii) the timely and effective clean-up and repairs after the incident;\n- (iii) the management of waste generated by the clean-up or repairs.","sortOrder":80},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Equipment containing PCB material","content":"## Equipment containing PCB material","sortOrder":81},{"sectionNumber":"sec.57","sectionType":"section","heading":"Use of equipment containing scheduled PCB material","content":"### sec.57 Use of equipment containing scheduled PCB material\n\nA person must not use equipment containing scheduled PCB material, other than concentrated PCB material, if the person knows, or ought reasonably to know, that the equipment contains scheduled PCB material.\nMaximum penalty—20 penalty units.","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Use of equipment containing concentrated PCB material","content":"### sec.58 Use of equipment containing concentrated PCB material\n\nA person must not use equipment containing concentrated PCB material if the person knows, or ought reasonably to know, that the equipment contains concentrated PCB material.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply if an exemption for the equipment under section 59 is in effect.\n(sec.58-ssec.1) A person must not use equipment containing concentrated PCB material if the person knows, or ought reasonably to know, that the equipment contains concentrated PCB material. Maximum penalty—20 penalty units.\n(sec.58-ssec.2) Subsection (1) does not apply if an exemption for the equipment under section 59 is in effect.","sortOrder":83},{"sectionNumber":"sec.59","sectionType":"section","heading":"Exemption permitting use of equipment containing concentrated PCB material","content":"### sec.59 Exemption permitting use of equipment containing concentrated PCB material\n\nA person may apply to the chief executive to—\nexempt equipment from the application of section 58 ; or\nextend an exemption given under paragraph (a) for 1 or more further periods.\nThe chief executive may ask the applicant to give the chief executive further information the chief executive reasonably requires to decide the application.\nThe applicant must comply with a request made under subsection (2) .\nThe chief executive may give or extend an exemption for equipment only if the chief executive is satisfied the equipment is not—\nnear a food processing facility, animal feedlot, school or hospital; or\nin a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or\nat another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material.\nAn exemption may be given on reasonable conditions.\nThe chief executive must give the applicant notice of the chief executive’s decision on the application on or before the due day.\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.\nIf the chief executive has not decided the application by the due day, the chief executive is taken to have refused the application.\nIn this section—\ndue day , for deciding an application, means—\n60 days after the application is made, not including—\nany day the chief executive asks for information under subsection (2) ; or\nany day the applicant gives the requested information; or\nany days in between the days mentioned in subparagraphs (i) and (ii) ; or\nany later day agreed between the chief executive and the applicant.\nendangered wildlife see the Nature Conservation Act 1992 , schedule .\nenvironmental harm see the Environmental Protection Act , section 14 .\n(sec.59-ssec.1) A person may apply to the chief executive to— exempt equipment from the application of section 58 ; or extend an exemption given under paragraph (a) for 1 or more further periods.\n(sec.59-ssec.2) The chief executive may ask the applicant to give the chief executive further information the chief executive reasonably requires to decide the application.\n(sec.59-ssec.3) The applicant must comply with a request made under subsection (2) .\n(sec.59-ssec.4) The chief executive may give or extend an exemption for equipment only if the chief executive is satisfied the equipment is not— near a food processing facility, animal feedlot, school or hospital; or in a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or at another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material.\n(sec.59-ssec.5) An exemption may be given on reasonable conditions.\n(sec.59-ssec.6) The chief executive must give the applicant notice of the chief executive’s decision on the application on or before the due day.\n(sec.59-ssec.7) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.\n(sec.59-ssec.8) If the chief executive has not decided the application by the due day, the chief executive is taken to have refused the application.\n(sec.59-ssec.9) In this section— due day , for deciding an application, means— 60 days after the application is made, not including— any day the chief executive asks for information under subsection (2) ; or any day the applicant gives the requested information; or any days in between the days mentioned in subparagraphs (i) and (ii) ; or any later day agreed between the chief executive and the applicant. endangered wildlife see the Nature Conservation Act 1992 , schedule . environmental harm see the Environmental Protection Act , section 14 .\n- (a) exempt equipment from the application of section 58 ; or\n- (b) extend an exemption given under paragraph (a) for 1 or more further periods.\n- (a) near a food processing facility, animal feedlot, school or hospital; or\n- (b) in a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or\n- (c) at another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material.\n- (a) 60 days after the application is made, not including— (i) any day the chief executive asks for information under subsection (2) ; or (ii) any day the applicant gives the requested information; or (iii) any days in between the days mentioned in subparagraphs (i) and (ii) ; or\n- (i) any day the chief executive asks for information under subsection (2) ; or\n- (ii) any day the applicant gives the requested information; or\n- (iii) any days in between the days mentioned in subparagraphs (i) and (ii) ; or\n- (b) any later day agreed between the chief executive and the applicant.\n- (i) any day the chief executive asks for information under subsection (2) ; or\n- (ii) any day the applicant gives the requested information; or\n- (iii) any days in between the days mentioned in subparagraphs (i) and (ii) ; or","sortOrder":84},{"sectionNumber":"sec.60","sectionType":"section","heading":"Dealing with equipment that is no longer used","content":"### sec.60 Dealing with equipment that is no longer used\n\nThis section applies to the owner of equipment that—\nhas been removed from operational use; and\ncontains PCB material.\nThe owner must, not later than 1 year after the equipment is permanently removed from operational use—\nif the equipment contains concentrated PCB material— give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\nif the equipment contains scheduled PCB material that is not concentrated PCB material—\ntreat the equipment to make it PCB-free; or\ngive the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\nif the equipment contains PCB material other than scheduled PCB material—\ntreat the equipment to make it PCB-free; or\ngive the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\ngive the equipment to a licensed disposal facility.\nMaximum penalty—20 penalty units.\nIt is a defence to a charge of an offence against subsection (2) for the owner to show that the owner has a reasonable excuse for not complying with subsection (2) .\nIf the owner does not comply with subsection (2) because the owner has a reasonable excuse, the owner must deal with the equipment in the way required by subsection (2) as soon as practicable.\nMaximum penalty—20 penalty units.\n(sec.60-ssec.1) This section applies to the owner of equipment that— has been removed from operational use; and contains PCB material.\n(sec.60-ssec.2) The owner must, not later than 1 year after the equipment is permanently removed from operational use— if the equipment contains concentrated PCB material— give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or if the equipment contains scheduled PCB material that is not concentrated PCB material— treat the equipment to make it PCB-free; or give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or if the equipment contains PCB material other than scheduled PCB material— treat the equipment to make it PCB-free; or give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or give the equipment to a licensed disposal facility. Maximum penalty—20 penalty units.\n(sec.60-ssec.3) It is a defence to a charge of an offence against subsection (2) for the owner to show that the owner has a reasonable excuse for not complying with subsection (2) .\n(sec.60-ssec.4) If the owner does not comply with subsection (2) because the owner has a reasonable excuse, the owner must deal with the equipment in the way required by subsection (2) as soon as practicable. Maximum penalty—20 penalty units.\n- (a) has been removed from operational use; and\n- (b) contains PCB material.\n- (a) if the equipment contains concentrated PCB material— give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\n- (b) if the equipment contains scheduled PCB material that is not concentrated PCB material— (i) treat the equipment to make it PCB-free; or (ii) give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\n- (i) treat the equipment to make it PCB-free; or\n- (ii) give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\n- (c) if the equipment contains PCB material other than scheduled PCB material— (i) treat the equipment to make it PCB-free; or (ii) give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or (iii) give the equipment to a licensed disposal facility.\n- (i) treat the equipment to make it PCB-free; or\n- (ii) give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\n- (iii) give the equipment to a licensed disposal facility.\n- (i) treat the equipment to make it PCB-free; or\n- (ii) give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\n- (i) treat the equipment to make it PCB-free; or\n- (ii) give the equipment to a licensed treatment facility to treat the equipment to make it PCB-free; or\n- (iii) give the equipment to a licensed disposal facility.","sortOrder":85},{"sectionNumber":"pt.12","sectionType":"part","heading":"Management of clinical waste and related waste","content":"# Management of clinical waste and related waste","sortOrder":86},{"sectionNumber":"sec.61","sectionType":"section","heading":"Segregation of clinical waste and related waste","content":"### sec.61 Segregation of clinical waste and related waste\n\nA person who operates premises at which clinical waste or related waste is generated must ensure the waste is segregated into—\nthe following categories of clinical waste—\nanimal waste;\ndiscarded sharps;\nhuman tissue waste;\nlaboratory waste and associated waste directly resulting from the processing of specimens; and\nthe following categories of related waste—\nchemical waste;\nwaste constituted by, or contaminated with, cytotoxic drugs;\nhuman body parts;\npharmaceutical waste;\nradioactive waste; and\ngeneral waste.\nMaximum penalty—20 penalty units.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the waste will be given to an authorised person for treatment and disposal.\nIn this section—\nauthorised person means a person who is authorised to receive waste that is not segregated in the way required under subsection (1) under either of the following—\nan environmental authority;\na development condition of a development approval.\n(sec.61-ssec.1) A person who operates premises at which clinical waste or related waste is generated must ensure the waste is segregated into— the following categories of clinical waste— animal waste; discarded sharps; human tissue waste; laboratory waste and associated waste directly resulting from the processing of specimens; and the following categories of related waste— chemical waste; waste constituted by, or contaminated with, cytotoxic drugs; human body parts; pharmaceutical waste; radioactive waste; and general waste. Maximum penalty—20 penalty units.\n(sec.61-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the waste will be given to an authorised person for treatment and disposal.\n(sec.61-ssec.3) In this section— authorised person means a person who is authorised to receive waste that is not segregated in the way required under subsection (1) under either of the following— an environmental authority; a development condition of a development approval.\n- (a) the following categories of clinical waste— (i) animal waste; (ii) discarded sharps; (iii) human tissue waste; (iv) laboratory waste and associated waste directly resulting from the processing of specimens; and\n- (i) animal waste;\n- (ii) discarded sharps;\n- (iii) human tissue waste;\n- (iv) laboratory waste and associated waste directly resulting from the processing of specimens; and\n- (b) the following categories of related waste— (i) chemical waste; (ii) waste constituted by, or contaminated with, cytotoxic drugs; (iii) human body parts; (iv) pharmaceutical waste; (v) radioactive waste; and\n- (i) chemical waste;\n- (ii) waste constituted by, or contaminated with, cytotoxic drugs;\n- (iii) human body parts;\n- (iv) pharmaceutical waste;\n- (v) radioactive waste; and\n- (c) general waste.\n- (i) animal waste;\n- (ii) discarded sharps;\n- (iii) human tissue waste;\n- (iv) laboratory waste and associated waste directly resulting from the processing of specimens; and\n- (i) chemical waste;\n- (ii) waste constituted by, or contaminated with, cytotoxic drugs;\n- (iii) human body parts;\n- (iv) pharmaceutical waste;\n- (v) radioactive waste; and\n- (a) an environmental authority;\n- (b) a development condition of a development approval.","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"Design requirements for containers for clinical waste and related waste","content":"### sec.62 Design requirements for containers for clinical waste and related waste\n\nThis section applies to a person who operates premises at which clinical waste or related waste is generated.\nThe person must ensure any container used at the premises for the collection, storage, transport or disposal of clinical waste or related waste of a type stated in schedule 9 , column 1—\nis of the colour stated opposite in column 2 of the schedule; and\ndisplays a symbol of the type depicted opposite in column 3 of the schedule and of the colour stated opposite in column 4 of the schedule; and\nis identified with the text stated opposite in column 5 of the schedule.\nMaximum penalty—20 penalty units.\n(sec.62-ssec.1) This section applies to a person who operates premises at which clinical waste or related waste is generated.\n(sec.62-ssec.2) The person must ensure any container used at the premises for the collection, storage, transport or disposal of clinical waste or related waste of a type stated in schedule 9 , column 1— is of the colour stated opposite in column 2 of the schedule; and displays a symbol of the type depicted opposite in column 3 of the schedule and of the colour stated opposite in column 4 of the schedule; and is identified with the text stated opposite in column 5 of the schedule. Maximum penalty—20 penalty units.\n- (a) is of the colour stated opposite in column 2 of the schedule; and\n- (b) displays a symbol of the type depicted opposite in column 3 of the schedule and of the colour stated opposite in column 4 of the schedule; and\n- (c) is identified with the text stated opposite in column 5 of the schedule.","sortOrder":88},{"sectionNumber":"sec.63","sectionType":"section","heading":"Restriction on giving clinical waste or related waste to another person for transport, storage, treatment or disposal","content":"### sec.63 Restriction on giving clinical waste or related waste to another person for transport, storage, treatment or disposal\n\nThis section applies to a person who operates premises at which clinical waste or related waste is generated.\nThe person must not give the clinical waste or related waste to another person for transport, storage, treatment or disposal unless the other person is the holder of, or acting under, an environmental authority for the activity.\nMaximum penalty—20 penalty units.\nIt is a defence to a charge of an offence against subsection (2) for the person to prove there were reasonable grounds for believing the other person had an environmental authority for the transport, storage, treatment or disposal of the clinical waste or related waste.\n(sec.63-ssec.1) This section applies to a person who operates premises at which clinical waste or related waste is generated.\n(sec.63-ssec.2) The person must not give the clinical waste or related waste to another person for transport, storage, treatment or disposal unless the other person is the holder of, or acting under, an environmental authority for the activity. Maximum penalty—20 penalty units.\n(sec.63-ssec.3) It is a defence to a charge of an offence against subsection (2) for the person to prove there were reasonable grounds for believing the other person had an environmental authority for the transport, storage, treatment or disposal of the clinical waste or related waste.","sortOrder":89},{"sectionNumber":"sec.64","sectionType":"section","heading":"Disposal of needles and other sharps","content":"### sec.64 Disposal of needles and other sharps\n\nSubsection (2) applies to a person—\nwho discards a hypodermic needle at residential premises, if the needle has been in contact with human or animal tissue or bodily fluids; or\nwho discards a hypodermic needle or other sharp at a place other than residential premises.\nThe person must—\nplace the hypodermic needle or other sharp in a rigid-walled, puncture-resistant container; and\nseal or securely close the container.\nMaximum penalty—20 penalty units.\nSubsection (4) applies to a person who discards a hypodermic needle or other sharp at premises at which clinical waste or related waste is generated.\nThe person must place the hypodermic needle or other sharp in a container that complies with—\nthe ‘Australian/New Zealand Standard for Reusable containers for the collection of sharp items used in human and animal medical applications: AS/NZS 4261:1994’ published by Standards Australia; or\nthe ‘Australian Standard for Sharps injury protection - Requirements and test methods - Sharps containers: AS 23907:2023’ published by Standards Australia.\nMaximum penalty—20 penalty units.\nAlso, a person who discards a hypodermic needle or other sharp under subsection (2) or (4) must ensure it is not accessible to another person.\nMaximum penalty—20 penalty units.\n(sec.64-ssec.1) Subsection (2) applies to a person— who discards a hypodermic needle at residential premises, if the needle has been in contact with human or animal tissue or bodily fluids; or who discards a hypodermic needle or other sharp at a place other than residential premises.\n(sec.64-ssec.2) The person must— place the hypodermic needle or other sharp in a rigid-walled, puncture-resistant container; and seal or securely close the container. Maximum penalty—20 penalty units.\n(sec.64-ssec.3) Subsection (4) applies to a person who discards a hypodermic needle or other sharp at premises at which clinical waste or related waste is generated.\n(sec.64-ssec.4) The person must place the hypodermic needle or other sharp in a container that complies with— the ‘Australian/New Zealand Standard for Reusable containers for the collection of sharp items used in human and animal medical applications: AS/NZS 4261:1994’ published by Standards Australia; or the ‘Australian Standard for Sharps injury protection - Requirements and test methods - Sharps containers: AS 23907:2023’ published by Standards Australia. Maximum penalty—20 penalty units.\n(sec.64-ssec.5) Also, a person who discards a hypodermic needle or other sharp under subsection (2) or (4) must ensure it is not accessible to another person. Maximum penalty—20 penalty units.\n- (a) who discards a hypodermic needle at residential premises, if the needle has been in contact with human or animal tissue or bodily fluids; or\n- (b) who discards a hypodermic needle or other sharp at a place other than residential premises.\n- (a) place the hypodermic needle or other sharp in a rigid-walled, puncture-resistant container; and\n- (b) seal or securely close the container.\n- (a) the ‘Australian/New Zealand Standard for Reusable containers for the collection of sharp items used in human and animal medical applications: AS/NZS 4261:1994’ published by Standards Australia; or\n- (b) the ‘Australian Standard for Sharps injury protection - Requirements and test methods - Sharps containers: AS 23907:2023’ published by Standards Australia.","sortOrder":90},{"sectionNumber":"sec.65","sectionType":"section","heading":"Storage area for clinical waste and related waste","content":"### sec.65 Storage area for clinical waste and related waste\n\nA person who operates premises at which clinical waste or related waste is generated—\nmust set aside an area at the premises for storing the waste that is not accessible to—\npersons, other than persons authorised to enter the area by the person operating the premises; or\nanimals; and\nmust not store the waste anywhere other than the area set aside under paragraph (a) .\nMaximum penalty—20 penalty units.\n- (a) must set aside an area at the premises for storing the waste that is not accessible to— (i) persons, other than persons authorised to enter the area by the person operating the premises; or (ii) animals; and\n- (i) persons, other than persons authorised to enter the area by the person operating the premises; or\n- (ii) animals; and\n- (b) must not store the waste anywhere other than the area set aside under paragraph (a) .\n- (i) persons, other than persons authorised to enter the area by the person operating the premises; or\n- (ii) animals; and","sortOrder":91},{"sectionNumber":"sec.66","sectionType":"section","heading":"Environmental nuisance not to be created","content":"### sec.66 Environmental nuisance not to be created\n\nA person who operates premises at which clinical waste or related waste is generated or stored must ensure the waste does not create an environmental nuisance.\nMaximum penalty—20 penalty units.\nIn this section—\nenvironmental nuisance see the Environmental Protection Act , section 15 .\n(sec.66-ssec.1) A person who operates premises at which clinical waste or related waste is generated or stored must ensure the waste does not create an environmental nuisance. Maximum penalty—20 penalty units.\n(sec.66-ssec.2) In this section— environmental nuisance see the Environmental Protection Act , section 15 .","sortOrder":92},{"sectionNumber":"sec.67","sectionType":"section","heading":"Treatment and disposal of clinical waste and related waste","content":"### sec.67 Treatment and disposal of clinical waste and related waste\n\nA person who operates premises at which clinical waste or related waste is generated or stored must ensure the waste is treated and disposed of in accordance with schedule 10 .\nMaximum penalty—20 penalty units.","sortOrder":93},{"sectionNumber":"pt.13","sectionType":"part","heading":"Used packaging materials","content":"# Used packaging materials","sortOrder":94},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":95},{"sectionNumber":"sec.68","sectionType":"section","heading":"Purpose of part","content":"### sec.68 Purpose of part\n\nThe purpose of this part is to give effect to, and enforce compliance with, the measure.","sortOrder":96},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for part","content":"### sec.69 Definitions for part\n\nIn this part—\nbrand owner means—\na person who is the owner or licensee in Australia of a trade mark under which a product is sold or otherwise distributed in Australia, whether the trade mark is registered or not; or\na person who is the franchisee in Australia of a business arrangement that allows an individual, partnership or company to operate under the name of an already established business; or\nfor a product that has been imported—the first person to sell the product in Australia; or\nfor in-store packaging—the supplier of the packaging to the retailer; or\nan importer or Australian manufacturer of plastic bags, or a retailer who supplies a plastic bag to a consumer for the transportation of products bought by the consumer at the point of sale.\ncomplying brand owner see section 70 .\nconsumer packaging means any packaging product made of any material, or combination of materials, for the containment, protection, marketing or handling of consumer products, and includes distribution packaging.\nconsumer packaging material see section 71 .\ncovenant means the agreement called the ‘Australian Packaging Covenant’ made between governments and industry organisations to reduce the environmental impacts of consumer packaging.\ncovenant signatory means a signatory to the covenant, including a person who accedes to the covenant after it is made, whether before or after the commencement of the repealed Waste Reduction and Recycling Regulation 2011 , part 5A .\ndistribution packaging means any packaging that contains multiples of products (the same or mixed) intended for direct consumer sale, including—\nsecondary packaging used to secure or unitise multiples of consumer products, including, for example, cardboard boxes and shrink film overwrap; and\ntertiary packaging used to secure or unitise multiples of secondary packaging, including, for example, pallet wrapping stretch film, shrink film and strapping.\nfree rider means a brand owner who—\nis part of the packaging chain; and\nis not a covenant signatory; and\nis not producing equivalent outcomes to those achieved through the covenant.\nkerbside recycling collection means roadside collection of domestic solid waste separated for recycling.\nmeasure means the National Environment Protection (Used Packaging Materials) Measure 2011 , dated 16 September 2011, made under the National Environment Protection Council Act 1994 (Cwlth) , the National Environment Protection Council (Queensland) Act 1994 and particular Acts of other States.\npackaging chain means the linkages between materials suppliers, packaging manufacturers, packaging fillers, wholesalers, retailers and consumers of packaged products.\nplastic bag includes a single-use lightweight plastic carry bag containing virgin or recycled plastic.\nrecover , in relation to consumer packaging material, means that the material—\nis re-used or recycled; or\nbecomes a secondary resource.\nrecovery rate , of a brand owner for a period, see section 72 .\nrecycle , in relation to a product, means use the product as a raw material to produce another product.\nregistered , in relation to a trade mark, means registered under the Trade Marks Act 1995 (Cwlth) .\nre-use , in relation to a product, means use the product for the same or a similar purpose as its original purpose without subjecting the product to a manufacturing process that would change its physical appearance.\nsecondary resource means a resource used or to be used—\nto manufacture new consumer packaging, or another product, to replace raw or virgin materials; or\nfor energy recovery.\ntrade mark has the meaning given by the Trade Marks Act 1995 (Cwlth) .\n- (a) a person who is the owner or licensee in Australia of a trade mark under which a product is sold or otherwise distributed in Australia, whether the trade mark is registered or not; or\n- (b) a person who is the franchisee in Australia of a business arrangement that allows an individual, partnership or company to operate under the name of an already established business; or\n- (c) for a product that has been imported—the first person to sell the product in Australia; or\n- (d) for in-store packaging—the supplier of the packaging to the retailer; or\n- (e) an importer or Australian manufacturer of plastic bags, or a retailer who supplies a plastic bag to a consumer for the transportation of products bought by the consumer at the point of sale.\n- (a) secondary packaging used to secure or unitise multiples of consumer products, including, for example, cardboard boxes and shrink film overwrap; and\n- (b) tertiary packaging used to secure or unitise multiples of secondary packaging, including, for example, pallet wrapping stretch film, shrink film and strapping.\n- (a) is part of the packaging chain; and\n- (b) is not a covenant signatory; and\n- (c) is not producing equivalent outcomes to those achieved through the covenant.\n- (a) is re-used or recycled; or\n- (b) becomes a secondary resource.\n- (a) to manufacture new consumer packaging, or another product, to replace raw or virgin materials; or\n- (b) for energy recovery.","sortOrder":97},{"sectionNumber":"sec.70","sectionType":"section","heading":"Meaning of complying brand owner","content":"### sec.70 Meaning of complying brand owner\n\nA brand owner is a complying brand owner if—\nthe brand owner is a covenant signatory and is complying with the covenant; or\nthe brand owner is not a covenant signatory but 1 or more of the following apply—\nthe brand owner uses consumer packaging in which the brand owner’s products are sold in a way that achieves environmental outcomes at least equivalent to the environmental outcomes achieved for the packaging through the covenant;\nthe brand owner’s business has, in the most recent financial year, had a gross turnover of less than $5m;\nthe brand owner does not use consumer packaging.\n- (a) the brand owner is a covenant signatory and is complying with the covenant; or\n- (b) the brand owner is not a covenant signatory but 1 or more of the following apply— (i) the brand owner uses consumer packaging in which the brand owner’s products are sold in a way that achieves environmental outcomes at least equivalent to the environmental outcomes achieved for the packaging through the covenant; (ii) the brand owner’s business has, in the most recent financial year, had a gross turnover of less than $5m; (iii) the brand owner does not use consumer packaging.\n- (i) the brand owner uses consumer packaging in which the brand owner’s products are sold in a way that achieves environmental outcomes at least equivalent to the environmental outcomes achieved for the packaging through the covenant;\n- (ii) the brand owner’s business has, in the most recent financial year, had a gross turnover of less than $5m;\n- (iii) the brand owner does not use consumer packaging.\n- (i) the brand owner uses consumer packaging in which the brand owner’s products are sold in a way that achieves environmental outcomes at least equivalent to the environmental outcomes achieved for the packaging through the covenant;\n- (ii) the brand owner’s business has, in the most recent financial year, had a gross turnover of less than $5m;\n- (iii) the brand owner does not use consumer packaging.","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":"Meaning of consumer packaging material","content":"### sec.71 Meaning of consumer packaging material\n\nConsumer packaging material is consumer packaging made of 1 or more of the following materials—\npaper;\ncardboard;\nsteel;\naluminium;\npolyethylene terephthalate (PET) plastics;\nhigh density polyethylene (HDPE) plastics;\nother plastics, including—\nunplasticised polyvinyl chloride (UPVC) plastics; and\nplasticised polyvinyl chloride (PPVC) plastics; and\nlow density polyethylene (LDPE) plastics; and\npolypropylene (PP) plastics; and\npolystyrene (PS) plastics; and\nexpandable polystyrene (EPS) plastics.\nConsumer packaging material , in relation to a brand owner, is—\nfor a brand owner who is a retailer—a plastic bag given or sold to a consumer for the transportation of products bought by the consumer from the retailer; or\nfor a brand owner who is an importer or Australian manufacturer of plastic bags—a plastic bag imported or manufactured, other than a plastic bag given or sold to a retailer for use as mentioned in paragraph (a) ; or\nfor any other brand owner—consumer packaging material sold in carrying on the brand owner’s business.\n(sec.71-ssec.1) Consumer packaging material is consumer packaging made of 1 or more of the following materials— paper; cardboard; steel; aluminium; polyethylene terephthalate (PET) plastics; high density polyethylene (HDPE) plastics; other plastics, including— unplasticised polyvinyl chloride (UPVC) plastics; and plasticised polyvinyl chloride (PPVC) plastics; and low density polyethylene (LDPE) plastics; and polypropylene (PP) plastics; and polystyrene (PS) plastics; and expandable polystyrene (EPS) plastics.\n(sec.71-ssec.2) Consumer packaging material , in relation to a brand owner, is— for a brand owner who is a retailer—a plastic bag given or sold to a consumer for the transportation of products bought by the consumer from the retailer; or for a brand owner who is an importer or Australian manufacturer of plastic bags—a plastic bag imported or manufactured, other than a plastic bag given or sold to a retailer for use as mentioned in paragraph (a) ; or for any other brand owner—consumer packaging material sold in carrying on the brand owner’s business.\n- (a) paper;\n- (b) cardboard;\n- (c) steel;\n- (d) aluminium;\n- (e) polyethylene terephthalate (PET) plastics;\n- (f) high density polyethylene (HDPE) plastics;\n- (g) other plastics, including— (i) unplasticised polyvinyl chloride (UPVC) plastics; and (ii) plasticised polyvinyl chloride (PPVC) plastics; and (iii) low density polyethylene (LDPE) plastics; and (iv) polypropylene (PP) plastics; and (v) polystyrene (PS) plastics; and (vi) expandable polystyrene (EPS) plastics.\n- (i) unplasticised polyvinyl chloride (UPVC) plastics; and\n- (ii) plasticised polyvinyl chloride (PPVC) plastics; and\n- (iii) low density polyethylene (LDPE) plastics; and\n- (iv) polypropylene (PP) plastics; and\n- (v) polystyrene (PS) plastics; and\n- (vi) expandable polystyrene (EPS) plastics.\n- (i) unplasticised polyvinyl chloride (UPVC) plastics; and\n- (ii) plasticised polyvinyl chloride (PPVC) plastics; and\n- (iii) low density polyethylene (LDPE) plastics; and\n- (iv) polypropylene (PP) plastics; and\n- (v) polystyrene (PS) plastics; and\n- (vi) expandable polystyrene (EPS) plastics.\n- (a) for a brand owner who is a retailer—a plastic bag given or sold to a consumer for the transportation of products bought by the consumer from the retailer; or\n- (b) for a brand owner who is an importer or Australian manufacturer of plastic bags—a plastic bag imported or manufactured, other than a plastic bag given or sold to a retailer for use as mentioned in paragraph (a) ; or\n- (c) for any other brand owner—consumer packaging material sold in carrying on the brand owner’s business.","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Meaning of recovery rate","content":"### sec.72 Meaning of recovery rate\n\nThe recovery rate , of a brand owner for a period, is the rate at which consumer packaging material is recovered by or for the brand owner for the period, expressed as a percentage, worked out using the formula—\nwhere—\nR means the brand owner’s recovery rate for a period.\nWR means the weight of the consumer packaging material recovered by or for the brand owner during the period.\nWS means the weight of the brand owner’s consumer packaging material sold in Australia during the period.","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Interpretation of words and expressions defined in the measure","content":"### sec.73 Interpretation of words and expressions defined in the measure\n\nUnless this part provides otherwise, words and expressions used in this part and defined in the measure have the same meaning in this part as they have in the measure.","sortOrder":101},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Obligations of particular brand owners","content":"## Obligations of particular brand owners","sortOrder":102},{"sectionNumber":"sec.74","sectionType":"section","heading":"Chief executive may give notice about brand owner’s obligations","content":"### sec.74 Chief executive may give notice about brand owner’s obligations\n\nThis section applies if the chief executive is satisfied, on grounds that are reasonable in the circumstances, that a brand owner is not a complying brand owner.\nThe chief executive may give the brand owner a notice stating that—\nthe chief executive has decided under subsection (1) that the brand owner is not a complying brand owner; and\nsubdivision 2 applies to the brand owner.\n(sec.74-ssec.1) This section applies if the chief executive is satisfied, on grounds that are reasonable in the circumstances, that a brand owner is not a complying brand owner.\n(sec.74-ssec.2) The chief executive may give the brand owner a notice stating that— the chief executive has decided under subsection (1) that the brand owner is not a complying brand owner; and subdivision 2 applies to the brand owner.\n- (a) the chief executive has decided under subsection (1) that the brand owner is not a complying brand owner; and\n- (b) subdivision 2 applies to the brand owner.","sortOrder":103},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application of subdivision","content":"### sec.75 Application of subdivision\n\nThis subdivision applies to a brand owner if the brand owner has been given a notice under section 74 .","sortOrder":104},{"sectionNumber":"sec.76","sectionType":"section","heading":"Obligation in relation to recovery rate—financial year during which notice about obligations is given","content":"### sec.76 Obligation in relation to recovery rate—financial year during which notice about obligations is given\n\nThis section applies in relation to a financial year during which the brand owner is given a notice under section 74 .\nThe brand owner must take reasonable steps to achieve a recovery rate of at least 70% for the financial year.\nMaximum penalty—20 penalty units.\nThe brand owner may comply with subsection (2) by undertaking or ensuring the recovery of consumer packaging material that is of a size and type substantially the same as the brand owner’s consumer packaging material.\nA brand owner that packages its product in glass may comply with subsection (2) by recovering wine bottles that are not the brand owner’s consumer packaging material.\n(sec.76-ssec.1) This section applies in relation to a financial year during which the brand owner is given a notice under section 74 .\n(sec.76-ssec.2) The brand owner must take reasonable steps to achieve a recovery rate of at least 70% for the financial year. Maximum penalty—20 penalty units.\n(sec.76-ssec.3) The brand owner may comply with subsection (2) by undertaking or ensuring the recovery of consumer packaging material that is of a size and type substantially the same as the brand owner’s consumer packaging material. A brand owner that packages its product in glass may comply with subsection (2) by recovering wine bottles that are not the brand owner’s consumer packaging material.","sortOrder":105},{"sectionNumber":"sec.77","sectionType":"section","heading":"Obligation in relation to recovery rate—other financial years","content":"### sec.77 Obligation in relation to recovery rate—other financial years\n\nThis section applies in relation to each financial year other than a financial year during which the brand owner is given a notice under section 74 .\nThe brand owner must achieve a recovery rate of at least 70% for the financial year.\nMaximum penalty—20 penalty units.\nThe brand owner may comply with subsection (2) by undertaking or ensuring the recovery of consumer packaging material that is of a size and type substantially the same as the brand owner’s consumer packaging material.\nA brand owner that packages its product in glass may comply with subsection (2) by recovering wine bottles that are not the brand owner’s consumer packaging material.\n(sec.77-ssec.1) This section applies in relation to each financial year other than a financial year during which the brand owner is given a notice under section 74 .\n(sec.77-ssec.2) The brand owner must achieve a recovery rate of at least 70% for the financial year. Maximum penalty—20 penalty units.\n(sec.77-ssec.3) The brand owner may comply with subsection (2) by undertaking or ensuring the recovery of consumer packaging material that is of a size and type substantially the same as the brand owner’s consumer packaging material. A brand owner that packages its product in glass may comply with subsection (2) by recovering wine bottles that are not the brand owner’s consumer packaging material.","sortOrder":106},{"sectionNumber":"sec.78","sectionType":"section","heading":"Obligation to prepare action plans","content":"### sec.78 Obligation to prepare action plans\n\nThe brand owner must—\nprepare a plan under this section (an action plan ) for—\na financial year during which the brand owner is given a notice under section 74 ; and\neach later financial year; and\ngive the chief executive the action plan—\nif the plan is prepared for a financial year during which the brand owner is given a notice under section 74 —within 30 days after the brand owner is given the notice; or\nif the plan is prepared for another financial year—at least 30 days before the start of the financial year.\nSection 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\nThe action plan must, to the greatest extent possible, contain all of the following information—\nhow the brand owner will ensure the systematic recovery of the brand owner’s consumer packaging material, or packaging that is substantially the same as the brand owner’s consumer packaging material;\nthe quantity of—\neach type of consumer packaging material sold; and\nconsumer packaging material that is proposed to be recovered;\nhow the brand owner intends to ensure the quantity proposed under paragraph (b) (ii) to be recovered will be recovered;\neither—\nthat all consumer packaging material to be recovered by or for the brand owner will be recovered in the preferred order; or\nthat the brand owner believes it will be impracticable to recover the consumer packaging material in the preferred order;\nif paragraph (d) (ii) applies—\nthe reasons for the brand owner’s belief that recovery of the consumer packaging material in the preferred order is impracticable; and\nthe order in which the consumer packaging material will be recovered;\nhow the brand owner intends to inform the public of the way the consumer packaging material is to be recovered.\nThe quantity of consumer packaging material for subsection (2) (b) (ii) must not be less than the quantity worked out by applying the relevant recovery rate for the brand owner for the financial year to the quantity of consumer packaging material mentioned in subsection (2) (b) (i) .\nFor this section—\nthe preferred order for the recovery of consumer packaging material is the following order—\nfor use in the brand owner’s consumer packaging material;\nfor use within Queensland as a secondary resource;\nfor use elsewhere within Australia as a secondary resource;\nfor export to another country as a secondary resource; and\nthe relevant recovery rate for the brand owner year is—\nfor a financial year during which the brand owner is given a notice under section 74 —a recovery rate that is consistent with the brand owner’s compliance with section 76 (2) ; or\nfor any other financial year—a recovery rate of 70%.\n(sec.78-ssec.1) The brand owner must— prepare a plan under this section (an action plan ) for— a financial year during which the brand owner is given a notice under section 74 ; and each later financial year; and give the chief executive the action plan— if the plan is prepared for a financial year during which the brand owner is given a notice under section 74 —within 30 days after the brand owner is given the notice; or if the plan is prepared for another financial year—at least 30 days before the start of the financial year. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n(sec.78-ssec.2) The action plan must, to the greatest extent possible, contain all of the following information— how the brand owner will ensure the systematic recovery of the brand owner’s consumer packaging material, or packaging that is substantially the same as the brand owner’s consumer packaging material; the quantity of— each type of consumer packaging material sold; and consumer packaging material that is proposed to be recovered; how the brand owner intends to ensure the quantity proposed under paragraph (b) (ii) to be recovered will be recovered; either— that all consumer packaging material to be recovered by or for the brand owner will be recovered in the preferred order; or that the brand owner believes it will be impracticable to recover the consumer packaging material in the preferred order; if paragraph (d) (ii) applies— the reasons for the brand owner’s belief that recovery of the consumer packaging material in the preferred order is impracticable; and the order in which the consumer packaging material will be recovered; how the brand owner intends to inform the public of the way the consumer packaging material is to be recovered.\n(sec.78-ssec.3) The quantity of consumer packaging material for subsection (2) (b) (ii) must not be less than the quantity worked out by applying the relevant recovery rate for the brand owner for the financial year to the quantity of consumer packaging material mentioned in subsection (2) (b) (i) .\n(sec.78-ssec.4) For this section— the preferred order for the recovery of consumer packaging material is the following order— for use in the brand owner’s consumer packaging material; for use within Queensland as a secondary resource; for use elsewhere within Australia as a secondary resource; for export to another country as a secondary resource; and the relevant recovery rate for the brand owner year is— for a financial year during which the brand owner is given a notice under section 74 —a recovery rate that is consistent with the brand owner’s compliance with section 76 (2) ; or for any other financial year—a recovery rate of 70%.\n- (a) prepare a plan under this section (an action plan ) for— (i) a financial year during which the brand owner is given a notice under section 74 ; and (ii) each later financial year; and\n- (i) a financial year during which the brand owner is given a notice under section 74 ; and\n- (ii) each later financial year; and\n- (b) give the chief executive the action plan— (i) if the plan is prepared for a financial year during which the brand owner is given a notice under section 74 —within 30 days after the brand owner is given the notice; or (ii) if the plan is prepared for another financial year—at least 30 days before the start of the financial year.\n- (i) if the plan is prepared for a financial year during which the brand owner is given a notice under section 74 —within 30 days after the brand owner is given the notice; or\n- (ii) if the plan is prepared for another financial year—at least 30 days before the start of the financial year.\n- (i) a financial year during which the brand owner is given a notice under section 74 ; and\n- (ii) each later financial year; and\n- (i) if the plan is prepared for a financial year during which the brand owner is given a notice under section 74 —within 30 days after the brand owner is given the notice; or\n- (ii) if the plan is prepared for another financial year—at least 30 days before the start of the financial year.\n- (a) how the brand owner will ensure the systematic recovery of the brand owner’s consumer packaging material, or packaging that is substantially the same as the brand owner’s consumer packaging material;\n- (b) the quantity of— (i) each type of consumer packaging material sold; and (ii) consumer packaging material that is proposed to be recovered;\n- (i) each type of consumer packaging material sold; and\n- (ii) consumer packaging material that is proposed to be recovered;\n- (c) how the brand owner intends to ensure the quantity proposed under paragraph (b) (ii) to be recovered will be recovered;\n- (d) either— (i) that all consumer packaging material to be recovered by or for the brand owner will be recovered in the preferred order; or (ii) that the brand owner believes it will be impracticable to recover the consumer packaging material in the preferred order;\n- (i) that all consumer packaging material to be recovered by or for the brand owner will be recovered in the preferred order; or\n- (ii) that the brand owner believes it will be impracticable to recover the consumer packaging material in the preferred order;\n- (e) if paragraph (d) (ii) applies— (i) the reasons for the brand owner’s belief that recovery of the consumer packaging material in the preferred order is impracticable; and (ii) the order in which the consumer packaging material will be recovered;\n- (i) the reasons for the brand owner’s belief that recovery of the consumer packaging material in the preferred order is impracticable; and\n- (ii) the order in which the consumer packaging material will be recovered;\n- (f) how the brand owner intends to inform the public of the way the consumer packaging material is to be recovered.\n- (i) each type of consumer packaging material sold; and\n- (ii) consumer packaging material that is proposed to be recovered;\n- (i) that all consumer packaging material to be recovered by or for the brand owner will be recovered in the preferred order; or\n- (ii) that the brand owner believes it will be impracticable to recover the consumer packaging material in the preferred order;\n- (i) the reasons for the brand owner’s belief that recovery of the consumer packaging material in the preferred order is impracticable; and\n- (ii) the order in which the consumer packaging material will be recovered;\n- (a) the preferred order for the recovery of consumer packaging material is the following order— (i) for use in the brand owner’s consumer packaging material; (ii) for use within Queensland as a secondary resource; (iii) for use elsewhere within Australia as a secondary resource; (iv) for export to another country as a secondary resource; and\n- (i) for use in the brand owner’s consumer packaging material;\n- (ii) for use within Queensland as a secondary resource;\n- (iii) for use elsewhere within Australia as a secondary resource;\n- (iv) for export to another country as a secondary resource; and\n- (b) the relevant recovery rate for the brand owner year is— (i) for a financial year during which the brand owner is given a notice under section 74 —a recovery rate that is consistent with the brand owner’s compliance with section 76 (2) ; or (ii) for any other financial year—a recovery rate of 70%.\n- (i) for a financial year during which the brand owner is given a notice under section 74 —a recovery rate that is consistent with the brand owner’s compliance with section 76 (2) ; or\n- (ii) for any other financial year—a recovery rate of 70%.\n- (i) for use in the brand owner’s consumer packaging material;\n- (ii) for use within Queensland as a secondary resource;\n- (iii) for use elsewhere within Australia as a secondary resource;\n- (iv) for export to another country as a secondary resource; and\n- (i) for a financial year during which the brand owner is given a notice under section 74 —a recovery rate that is consistent with the brand owner’s compliance with section 76 (2) ; or\n- (ii) for any other financial year—a recovery rate of 70%.","sortOrder":107},{"sectionNumber":"sec.79","sectionType":"section","heading":"Obligation to give information about steps to achieve recovery rate for current financial year","content":"### sec.79 Obligation to give information about steps to achieve recovery rate for current financial year\n\nThis section applies if the chief executive reasonably believes that the brand owner—\nhas not complied with section 76 or 77 for the previous financial year; and\nwill not comply with section 77 for the current financial year.\nThe chief executive may give the brand owner a notice that states the following matters—\nthat the chief executive reasonably believes the matters mentioned in subsection (1) ;\nthat the brand owner is required, within the reasonable period stated in the notice (the response period ), to give the chief executive notice of the steps that have been, or will be, taken to comply with section 77 for the current financial year;\nthat failure to comply with the notice within the response period, or any extension of the response period granted under this section, may result in the chief executive taking action under chapter 11 of the Act ;\nthe consequences of failing to comply with a compliance notice issued under chapter 11 of the Act .\nFor subsection (2) (b) , the response period must end at least 14 business days after the notice is given.\nIf the brand owner is given a notice under subsection (2) , the brand owner may apply to the chief executive, as provided under subsection (5) , for an extension of the response period (an extension application ).\nAn extension application must—\nbe in writing; and\nbe made before the end of the response period; and\nstate the reasons the extension should be granted.\nThe chief executive must, within 10 business days after an extension application is made, decide whether to grant the application and either—\nfor a decision to grant the application—give the brand owner a notice stating the new date by which the brand owner must comply with the notice given under subsection (2) , which must be at least 10 business days after the end of the response period; or\nfor a decision to refuse to grant the application—give the brand owner a notice stating that the application is refused.\nThe chief executive may decide to grant an extension application only if the chief executive believes it is reasonable to extend the response period.\nIf the chief executive does not give the brand owner a notice under subsection (6) (a) or (b) , the extension application is taken to have been refused.\nThe brand owner must comply with the requirements stated in the notice given under subsection (2) within—\nif an extension application is made in relation to the notice and is granted under subsection (6) (a) —the response period as extended by the chief executive; or\nif an extension application is made in relation to the notice and is refused under subsection (6) (b) or (8) —10 business days after the end of the response period; or\nin any other case—the response period.\nSection 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n(sec.79-ssec.1) This section applies if the chief executive reasonably believes that the brand owner— has not complied with section 76 or 77 for the previous financial year; and will not comply with section 77 for the current financial year.\n(sec.79-ssec.2) The chief executive may give the brand owner a notice that states the following matters— that the chief executive reasonably believes the matters mentioned in subsection (1) ; that the brand owner is required, within the reasonable period stated in the notice (the response period ), to give the chief executive notice of the steps that have been, or will be, taken to comply with section 77 for the current financial year; that failure to comply with the notice within the response period, or any extension of the response period granted under this section, may result in the chief executive taking action under chapter 11 of the Act ; the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act .\n(sec.79-ssec.3) For subsection (2) (b) , the response period must end at least 14 business days after the notice is given.\n(sec.79-ssec.4) If the brand owner is given a notice under subsection (2) , the brand owner may apply to the chief executive, as provided under subsection (5) , for an extension of the response period (an extension application ).\n(sec.79-ssec.5) An extension application must— be in writing; and be made before the end of the response period; and state the reasons the extension should be granted.\n(sec.79-ssec.6) The chief executive must, within 10 business days after an extension application is made, decide whether to grant the application and either— for a decision to grant the application—give the brand owner a notice stating the new date by which the brand owner must comply with the notice given under subsection (2) , which must be at least 10 business days after the end of the response period; or for a decision to refuse to grant the application—give the brand owner a notice stating that the application is refused.\n(sec.79-ssec.7) The chief executive may decide to grant an extension application only if the chief executive believes it is reasonable to extend the response period.\n(sec.79-ssec.8) If the chief executive does not give the brand owner a notice under subsection (6) (a) or (b) , the extension application is taken to have been refused.\n(sec.79-ssec.9) The brand owner must comply with the requirements stated in the notice given under subsection (2) within— if an extension application is made in relation to the notice and is granted under subsection (6) (a) —the response period as extended by the chief executive; or if an extension application is made in relation to the notice and is refused under subsection (6) (b) or (8) —10 business days after the end of the response period; or in any other case—the response period. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n- (a) has not complied with section 76 or 77 for the previous financial year; and\n- (b) will not comply with section 77 for the current financial year.\n- (a) that the chief executive reasonably believes the matters mentioned in subsection (1) ;\n- (b) that the brand owner is required, within the reasonable period stated in the notice (the response period ), to give the chief executive notice of the steps that have been, or will be, taken to comply with section 77 for the current financial year;\n- (c) that failure to comply with the notice within the response period, or any extension of the response period granted under this section, may result in the chief executive taking action under chapter 11 of the Act ;\n- (d) the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act .\n- (a) be in writing; and\n- (b) be made before the end of the response period; and\n- (c) state the reasons the extension should be granted.\n- (a) for a decision to grant the application—give the brand owner a notice stating the new date by which the brand owner must comply with the notice given under subsection (2) , which must be at least 10 business days after the end of the response period; or\n- (b) for a decision to refuse to grant the application—give the brand owner a notice stating that the application is refused.\n- (a) if an extension application is made in relation to the notice and is granted under subsection (6) (a) —the response period as extended by the chief executive; or\n- (b) if an extension application is made in relation to the notice and is refused under subsection (6) (b) or (8) —10 business days after the end of the response period; or\n- (c) in any other case—the response period.","sortOrder":108},{"sectionNumber":"sec.80","sectionType":"section","heading":"Obligations in relation to particular information about consumer packaging material","content":"### sec.80 Obligations in relation to particular information about consumer packaging material\n\nThe brand owner must prepare the following information for each financial year, and keep the information prepared under this subsection for at least 5 years after the end of the financial year for which it was prepared—\nfor each type of material for consumer packaging used by the brand owner during the financial year—\nthe total weight of the material; and\nthe number of items of consumer packaging made from the material; and\nthe total weight of the material sold in Australia;\nfor each type of consumer packaging material recovered by or for the brand owner during the financial year—\nthe total weight of the material; and\nhow much of the material was re-used or recycled in Australia; and\nhow much of the material was exported to another country for re-use or recycling; and\nhow much of the material was used for energy recovery; and\nthe recovery rate for the financial year in relation to the material;\nthe weight of the consumer packaging material that was collected by or for the brand owner during the financial year and disposed of to landfill;\ninformation about how consumers were advised about how the consumer packaging material would be recovered.\nSection 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\nThe brand owner must, for each financial year, give the chief executive the information prepared under subsection (1) on or before 30 September after the end of the financial year, unless the brand owner has a reasonable excuse.\nSection 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\nIt is a reasonable excuse for a brand owner not to give the information prepared under subsection (1) if giving the information might tend to incriminate the brand owner or expose the brand owner to a penalty.\nIn this section—\nmaterial , for consumer packaging, means consumer packaging made from—\nany type of consumer packaging material; or\nmaterial other than consumer packaging material ( non-consumer packaging material ); or\na combination of consumer packaging material and non-consumer packaging material.\n(sec.80-ssec.1) The brand owner must prepare the following information for each financial year, and keep the information prepared under this subsection for at least 5 years after the end of the financial year for which it was prepared— for each type of material for consumer packaging used by the brand owner during the financial year— the total weight of the material; and the number of items of consumer packaging made from the material; and the total weight of the material sold in Australia; for each type of consumer packaging material recovered by or for the brand owner during the financial year— the total weight of the material; and how much of the material was re-used or recycled in Australia; and how much of the material was exported to another country for re-use or recycling; and how much of the material was used for energy recovery; and the recovery rate for the financial year in relation to the material; the weight of the consumer packaging material that was collected by or for the brand owner during the financial year and disposed of to landfill; information about how consumers were advised about how the consumer packaging material would be recovered. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n(sec.80-ssec.2) The brand owner must, for each financial year, give the chief executive the information prepared under subsection (1) on or before 30 September after the end of the financial year, unless the brand owner has a reasonable excuse. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n(sec.80-ssec.3) It is a reasonable excuse for a brand owner not to give the information prepared under subsection (1) if giving the information might tend to incriminate the brand owner or expose the brand owner to a penalty.\n(sec.80-ssec.4) In this section— material , for consumer packaging, means consumer packaging made from— any type of consumer packaging material; or material other than consumer packaging material ( non-consumer packaging material ); or a combination of consumer packaging material and non-consumer packaging material.\n- (a) for each type of material for consumer packaging used by the brand owner during the financial year— (i) the total weight of the material; and (ii) the number of items of consumer packaging made from the material; and (iii) the total weight of the material sold in Australia;\n- (i) the total weight of the material; and\n- (ii) the number of items of consumer packaging made from the material; and\n- (iii) the total weight of the material sold in Australia;\n- (b) for each type of consumer packaging material recovered by or for the brand owner during the financial year— (i) the total weight of the material; and (ii) how much of the material was re-used or recycled in Australia; and (iii) how much of the material was exported to another country for re-use or recycling; and (iv) how much of the material was used for energy recovery; and (v) the recovery rate for the financial year in relation to the material;\n- (i) the total weight of the material; and\n- (ii) how much of the material was re-used or recycled in Australia; and\n- (iii) how much of the material was exported to another country for re-use or recycling; and\n- (iv) how much of the material was used for energy recovery; and\n- (v) the recovery rate for the financial year in relation to the material;\n- (c) the weight of the consumer packaging material that was collected by or for the brand owner during the financial year and disposed of to landfill;\n- (d) information about how consumers were advised about how the consumer packaging material would be recovered.\n- (i) the total weight of the material; and\n- (ii) the number of items of consumer packaging made from the material; and\n- (iii) the total weight of the material sold in Australia;\n- (i) the total weight of the material; and\n- (ii) how much of the material was re-used or recycled in Australia; and\n- (iii) how much of the material was exported to another country for re-use or recycling; and\n- (iv) how much of the material was used for energy recovery; and\n- (v) the recovery rate for the financial year in relation to the material;\n- (a) any type of consumer packaging material; or\n- (b) material other than consumer packaging material ( non-consumer packaging material ); or\n- (c) a combination of consumer packaging material and non-consumer packaging material.","sortOrder":109},{"sectionNumber":"sec.81","sectionType":"section","heading":"Requests for exemption on ground of commercial confidentiality","content":"### sec.81 Requests for exemption on ground of commercial confidentiality\n\nThe brand owner may, by notice given to the chief executive, request an exemption from the obligation mentioned in section 80 (2) on the ground of commercial confidentiality.\nA notice under subsection (1) must contain the information necessary to enable the chief executive to decide the request.\nThe chief executive may, by notice given to the brand owner, ask the brand owner to give the chief executive, within the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the request.\nA notice under subsection (3) must be accompanied by, or include, the chief executive’s reasons for requesting the further information.\n(sec.81-ssec.1) The brand owner may, by notice given to the chief executive, request an exemption from the obligation mentioned in section 80 (2) on the ground of commercial confidentiality.\n(sec.81-ssec.2) A notice under subsection (1) must contain the information necessary to enable the chief executive to decide the request.\n(sec.81-ssec.3) The chief executive may, by notice given to the brand owner, ask the brand owner to give the chief executive, within the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the request.\n(sec.81-ssec.4) A notice under subsection (3) must be accompanied by, or include, the chief executive’s reasons for requesting the further information.","sortOrder":110},{"sectionNumber":"sec.82","sectionType":"section","heading":"Deciding requests for exemption","content":"### sec.82 Deciding requests for exemption\n\nThis section applies if the brand owner requests an exemption under section 81 .\nThe chief executive may grant the request only if the chief executive reasonably believes—\nthe information is exempt information under the Right to Information Act 2009 ; or\nthe provision of the information would be the disclosure of information that could reasonably be expected to cause a public interest harm as mentioned in schedule 4 , part 4 , section 7 of that Act.\nIf the chief executive grants the request, the brand owner is exempted from giving the chief executive the information under section 80 (2) .\nThe chief executive must give the brand owner notice of the chief executive’s decision on the request (a decision notice ) within—\nif the brand owner has given the chief executive further information under section 81 —60 days after the further information was given; or\notherwise—60 days after the request was made.\nIf the chief executive decides to refuse to grant the request, the decision notice must be an information notice about the decision to refuse to grant the request.\nIf the chief executive does not give the brand owner a decision notice within the period applying under subsection (4) (a) or (b) (in either case the decision period ), the chief executive’s failure is taken to be a decision by the chief executive to refuse to grant the request at the end of the decision period.\n(sec.82-ssec.1) This section applies if the brand owner requests an exemption under section 81 .\n(sec.82-ssec.2) The chief executive may grant the request only if the chief executive reasonably believes— the information is exempt information under the Right to Information Act 2009 ; or the provision of the information would be the disclosure of information that could reasonably be expected to cause a public interest harm as mentioned in schedule 4 , part 4 , section 7 of that Act.\n(sec.82-ssec.3) If the chief executive grants the request, the brand owner is exempted from giving the chief executive the information under section 80 (2) .\n(sec.82-ssec.4) The chief executive must give the brand owner notice of the chief executive’s decision on the request (a decision notice ) within— if the brand owner has given the chief executive further information under section 81 —60 days after the further information was given; or otherwise—60 days after the request was made.\n(sec.82-ssec.5) If the chief executive decides to refuse to grant the request, the decision notice must be an information notice about the decision to refuse to grant the request.\n(sec.82-ssec.6) If the chief executive does not give the brand owner a decision notice within the period applying under subsection (4) (a) or (b) (in either case the decision period ), the chief executive’s failure is taken to be a decision by the chief executive to refuse to grant the request at the end of the decision period.\n- (a) the information is exempt information under the Right to Information Act 2009 ; or\n- (b) the provision of the information would be the disclosure of information that could reasonably be expected to cause a public interest harm as mentioned in schedule 4 , part 4 , section 7 of that Act.\n- (a) if the brand owner has given the chief executive further information under section 81 —60 days after the further information was given; or\n- (b) otherwise—60 days after the request was made.","sortOrder":111},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Kerbside and other recycling collectors to give information to chief executive","content":"## Kerbside and other recycling collectors to give information to chief executive","sortOrder":112},{"sectionNumber":"sec.83","sectionType":"section","heading":"Local government recycling providers to give information to chief executive","content":"### sec.83 Local government recycling providers to give information to chief executive\n\nIf a local government recycling provider operates or provides a kerbside recycling collection service, the provider must, within 3 months after the end of each financial year during which the kerbside recycling collection service operates or is provided, give the chief executive the following information for the financial year—\nthe percentage of households within the service area with access to the service;\nthe participation rate for the service;\nthe fee charged to each household for the service;\nthe total weight of recyclable material collected in the service area (however collected);\nif the recyclable material collected is sorted—\nthe total weight of each type of recyclable material collected; and\nif practicable, the total weight of each type of recyclable material that is the residue disposed of to landfill.\nIf a local government recycling provider operates or provides a recycling service other than a kerbside recycling collection service, the provider must, within 3 months after the end of each financial year during which the recycling service operates or is provided, give the chief executive information about the percentage of households within the service area with access to the service.\nSubsection (4) applies if a local government recycling provider enters into a contract with another person, or an existing contract is renewed or novated, to provide a kerbside recycling collection service or another recycling service.\nThe local government recycling provider must include an obligation in the contract for the other person to give the provider the information mentioned in subsection (1) or (2) , as applicable.\nIn this section—\nhousehold means residential premises, or non-residential premises, that are supplied with a container for the collection of recyclable material by the operator of the service.\nlocal government recycling provider means a local government, or a regional grouping of local governments, that operates or provides either of the following services in a local government area—\na kerbside recycling collection service;\nanother recycling collection service.\nparticipation rate , for a kerbside recycling collection service, means the number of households making use of the service, expressed as a proportion of the number of households to which the service is available.\nrecyclable material means material reasonably able to be recycled.\nservice area , in relation to a kerbside recycling collection service or another recycling service operated or provided by a local government recycling provider, means the local government area in which the service is operated or provided.\n(sec.83-ssec.1) If a local government recycling provider operates or provides a kerbside recycling collection service, the provider must, within 3 months after the end of each financial year during which the kerbside recycling collection service operates or is provided, give the chief executive the following information for the financial year— the percentage of households within the service area with access to the service; the participation rate for the service; the fee charged to each household for the service; the total weight of recyclable material collected in the service area (however collected); if the recyclable material collected is sorted— the total weight of each type of recyclable material collected; and if practicable, the total weight of each type of recyclable material that is the residue disposed of to landfill.\n(sec.83-ssec.2) If a local government recycling provider operates or provides a recycling service other than a kerbside recycling collection service, the provider must, within 3 months after the end of each financial year during which the recycling service operates or is provided, give the chief executive information about the percentage of households within the service area with access to the service.\n(sec.83-ssec.3) Subsection (4) applies if a local government recycling provider enters into a contract with another person, or an existing contract is renewed or novated, to provide a kerbside recycling collection service or another recycling service.\n(sec.83-ssec.4) The local government recycling provider must include an obligation in the contract for the other person to give the provider the information mentioned in subsection (1) or (2) , as applicable.\n(sec.83-ssec.5) In this section— household means residential premises, or non-residential premises, that are supplied with a container for the collection of recyclable material by the operator of the service. local government recycling provider means a local government, or a regional grouping of local governments, that operates or provides either of the following services in a local government area— a kerbside recycling collection service; another recycling collection service. participation rate , for a kerbside recycling collection service, means the number of households making use of the service, expressed as a proportion of the number of households to which the service is available. recyclable material means material reasonably able to be recycled. service area , in relation to a kerbside recycling collection service or another recycling service operated or provided by a local government recycling provider, means the local government area in which the service is operated or provided.\n- (a) the percentage of households within the service area with access to the service;\n- (b) the participation rate for the service;\n- (c) the fee charged to each household for the service;\n- (d) the total weight of recyclable material collected in the service area (however collected);\n- (e) if the recyclable material collected is sorted— (i) the total weight of each type of recyclable material collected; and (ii) if practicable, the total weight of each type of recyclable material that is the residue disposed of to landfill.\n- (i) the total weight of each type of recyclable material collected; and\n- (ii) if practicable, the total weight of each type of recyclable material that is the residue disposed of to landfill.\n- (i) the total weight of each type of recyclable material collected; and\n- (ii) if practicable, the total weight of each type of recyclable material that is the residue disposed of to landfill.\n- (a) a kerbside recycling collection service;\n- (b) another recycling collection service.","sortOrder":113},{"sectionNumber":"sec.84","sectionType":"section","heading":"Chief executive may require other kerbside recycling collectors to give particular information","content":"### sec.84 Chief executive may require other kerbside recycling collectors to give particular information\n\nThis section applies if—\nunder a contract, a person other than a local government or a regional grouping of local governments operates or provides either of the following services in a local government area—\na kerbside recycling collection service;\nanother recycling collection service; and\nthe contract does not require the person to give the information mentioned in section 83 (1) or (2) to the local government or the regional grouping.\nThe chief executive may, at least 1 month before the end of a financial year, give the person a notice stating the following matters—\nthat the person must give the chief executive the information mentioned in section 83 (1) or (2) for the financial year;\nthat the information must be given within 3 months after the end of the financial year;\nthat failure to comply with the notice may result in the chief executive taking action under chapter 11 of the Act ;\nthe consequences of failing to comply with a compliance notice issued under chapter 11 of the Act .\nThe person must give the chief executive the information required by the notice within 3 months after the end of the financial year.\nSection 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n(sec.84-ssec.1) This section applies if— under a contract, a person other than a local government or a regional grouping of local governments operates or provides either of the following services in a local government area— a kerbside recycling collection service; another recycling collection service; and the contract does not require the person to give the information mentioned in section 83 (1) or (2) to the local government or the regional grouping.\n(sec.84-ssec.2) The chief executive may, at least 1 month before the end of a financial year, give the person a notice stating the following matters— that the person must give the chief executive the information mentioned in section 83 (1) or (2) for the financial year; that the information must be given within 3 months after the end of the financial year; that failure to comply with the notice may result in the chief executive taking action under chapter 11 of the Act ; the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act .\n(sec.84-ssec.3) The person must give the chief executive the information required by the notice within 3 months after the end of the financial year. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .\n- (a) under a contract, a person other than a local government or a regional grouping of local governments operates or provides either of the following services in a local government area— (i) a kerbside recycling collection service; (ii) another recycling collection service; and\n- (i) a kerbside recycling collection service;\n- (ii) another recycling collection service; and\n- (b) the contract does not require the person to give the information mentioned in section 83 (1) or (2) to the local government or the regional grouping.\n- (i) a kerbside recycling collection service;\n- (ii) another recycling collection service; and\n- (a) that the person must give the chief executive the information mentioned in section 83 (1) or (2) for the financial year;\n- (b) that the information must be given within 3 months after the end of the financial year;\n- (c) that failure to comply with the notice may result in the chief executive taking action under chapter 11 of the Act ;\n- (d) the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act .","sortOrder":114},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Chief executive reporting requirements","content":"## Chief executive reporting requirements","sortOrder":115},{"sectionNumber":"sec.85","sectionType":"section","heading":"Chief executive to give APCO particular information","content":"### sec.85 Chief executive to give APCO particular information\n\nThe chief executive must, within 6 months after the end of each financial year, give the Australian Packaging Covenant Organisation the following information for the financial year—\naggregate information based on information given by brand owners under section 80 ;\naggregate information based on information given by local government recycling providers under section 83 and by other kerbside recycling collectors under section 84 ;\ninformation obtained from surveys conducted by the chief executive under section 86 ;\ninformation about—\ncomplaints received by the chief executive about matters arising under this part; and\ninvestigations undertaken for the purposes of this part; and\nprosecutions undertaken for offences against a provision of this part;\na statement of interpretation that summarises and explains the information given under this section.\n- (a) aggregate information based on information given by brand owners under section 80 ;\n- (b) aggregate information based on information given by local government recycling providers under section 83 and by other kerbside recycling collectors under section 84 ;\n- (c) information obtained from surveys conducted by the chief executive under section 86 ;\n- (d) information about— (i) complaints received by the chief executive about matters arising under this part; and (ii) investigations undertaken for the purposes of this part; and (iii) prosecutions undertaken for offences against a provision of this part;\n- (i) complaints received by the chief executive about matters arising under this part; and\n- (ii) investigations undertaken for the purposes of this part; and\n- (iii) prosecutions undertaken for offences against a provision of this part;\n- (e) a statement of interpretation that summarises and explains the information given under this section.\n- (i) complaints received by the chief executive about matters arising under this part; and\n- (ii) investigations undertaken for the purposes of this part; and\n- (iii) prosecutions undertaken for offences against a provision of this part;","sortOrder":116},{"sectionNumber":"pt.13-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":117},{"sectionNumber":"sec.86","sectionType":"section","heading":"Chief executive may conduct particular surveys","content":"### sec.86 Chief executive may conduct particular surveys\n\nThe chief executive may conduct a survey of brands of packaged products, or of brand owners, to determine the effectiveness of this part in preventing brand owners from being free riders.","sortOrder":118},{"sectionNumber":"sec.87","sectionType":"section","heading":"Review of part","content":"### sec.87 Review of part\n\nThe chief executive must review the operation of this part at least every 5 years.\nThe chief executive may also review the operation of this part if—\nthe Minister directs the chief executive to conduct a review; or\nthe covenant or the measure is being reviewed.\nThe objects of a review under this section include—\nevaluating the effectiveness of this part to prevent brand owners from being free riders; and\ndeciding whether this part aligns with applicable waste management strategies, priority statements or product stewardship arrangements then in effect.\nThe chief executive may conduct a review under this section by surveying brand owners.\n(sec.87-ssec.1) The chief executive must review the operation of this part at least every 5 years.\n(sec.87-ssec.2) The chief executive may also review the operation of this part if— the Minister directs the chief executive to conduct a review; or the covenant or the measure is being reviewed.\n(sec.87-ssec.3) The objects of a review under this section include— evaluating the effectiveness of this part to prevent brand owners from being free riders; and deciding whether this part aligns with applicable waste management strategies, priority statements or product stewardship arrangements then in effect.\n(sec.87-ssec.4) The chief executive may conduct a review under this section by surveying brand owners.\n- (a) the Minister directs the chief executive to conduct a review; or\n- (b) the covenant or the measure is being reviewed.\n- (a) evaluating the effectiveness of this part to prevent brand owners from being free riders; and\n- (b) deciding whether this part aligns with applicable waste management strategies, priority statements or product stewardship arrangements then in effect.","sortOrder":119},{"sectionNumber":"sec.88","sectionType":"section","heading":"Compliance with part not required if measure or covenant not in force","content":"### sec.88 Compliance with part not required if measure or covenant not in force\n\nA person is not required to comply with this part if the covenant or the measure is not in force.","sortOrder":120},{"sectionNumber":"pt.14","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":121},{"sectionNumber":"sec.89","sectionType":"section","heading":"Disposal ban waste— Act , s 100","content":"### sec.89 Disposal ban waste— Act , s 100\n\nFor section 100 of the Act , the waste identified as disposal ban waste for chapter 4 , part 4 of the Act is, for an area stated in schedule 11 , column 1, waste of the types stated opposite in column 2.","sortOrder":122},{"sectionNumber":"sec.90","sectionType":"section","heading":"Appointment of persons as authorised persons— Act , s 183","content":"### sec.90 Appointment of persons as authorised persons— Act , s 183\n\nFor section 183 (1) (c) of the Act , the following persons are prescribed—\na council employee under the City of Brisbane Act 2010 ;\na local government employee under the Local Government Act 2009 .\n- (a) a council employee under the City of Brisbane Act 2010 ;\n- (b) a local government employee under the Local Government Act 2009 .","sortOrder":123},{"sectionNumber":"sec.91","sectionType":"section","heading":"Prescribed provisions for show cause notices and compliance notices— Act , s 245","content":"### sec.91 Prescribed provisions for show cause notices and compliance notices— Act , s 245\n\nFor section 245 of the Act , definition prescribed provision , paragraph (c) , the following provisions are prescribed—\nsection 51 (1) ;\nsection 78 (1) ;\nsection 79 (9) ;\nsection 80 (1) and (2) ;\nsection 84 (3) .\n- (a) section 51 (1) ;\n- (b) section 78 (1) ;\n- (c) section 79 (9) ;\n- (d) section 80 (1) and (2) ;\n- (e) section 84 (3) .","sortOrder":124},{"sectionNumber":"sec.92","sectionType":"section","heading":"Corresponding laws— Act , sch 1","content":"### sec.92 Corresponding laws— Act , sch 1\n\nFor schedule 1 of the Act , definition corresponding law , paragraph (b) , the following laws are prescribed—\nEnvironment Protection Act 1993 (SA) , part 8 , division 2 ;\nEnvironment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT) , other than part 3 ;\nWaste Avoidance and Resource Recovery Act 2001 (NSW) , part 5 ;\nWaste Management and Resource Recovery Act 2016 (ACT) , part 10A .\n- (a) Environment Protection Act 1993 (SA) , part 8 , division 2 ;\n- (b) Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT) , other than part 3 ;\n- (c) Waste Avoidance and Resource Recovery Act 2001 (NSW) , part 5 ;\n- (d) Waste Management and Resource Recovery Act 2016 (ACT) , part 10A .","sortOrder":125},{"sectionNumber":"sec.93","sectionType":"section","heading":"Fees","content":"### sec.93 Fees\n\nThe fees payable under the Act are stated in schedule 12 .","sortOrder":126},{"sectionNumber":"sec.94","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.94 Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\nif the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $500—to the nearest dollar (rounding one-half upwards).\n(sec.94-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.94-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).\n- (a) if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\n- (b) if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (c) if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (d) if the result is more than $500—to the nearest dollar (rounding one-half upwards).","sortOrder":127},{"sectionNumber":"pt.15","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":128},{"sectionNumber":"sec.95","sectionType":"section","heading":"Repeal","content":"### sec.95 Repeal\n\nThe Waste Reduction and Recycling Regulation 2011 , SL No. 231 is repealed.","sortOrder":129},{"sectionNumber":"pt.16","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":130},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":131},{"sectionNumber":"sec.96","sectionType":"section","heading":"Definition for part","content":"### sec.96 Definition for part\n\nIn this part—\nrepealed regulation means the repealed Waste Reduction and Recycling Regulation 2011 .","sortOrder":132},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"Relevant beverage containers","content":"## Relevant beverage containers","sortOrder":133},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definition for division","content":"### sec.97 Definition for division\n\nIn this division—\nrelevant beverage container means a glass container made to contain a relevant beverage.","sortOrder":134},{"sectionNumber":"sec.98","sectionType":"section","heading":"Refund amount for relevant beverage containers for period from commencement to 31 October 2023— Act , s 99K","content":"### sec.98 Refund amount for relevant beverage containers for period from commencement to 31 October 2023— Act , s 99K\n\nThis section applies in relation to a relevant beverage container for the period—\nstarting on the commencement; and\nending on 31 October 2023.\nFor section 99K of the Act , definition refund amount , the amount prescribed as the refund amount in relation to the relevant beverage container is 0c.\nSubsection (2) applies despite section 30.\n(sec.98-ssec.1) This section applies in relation to a relevant beverage container for the period— starting on the commencement; and ending on 31 October 2023.\n(sec.98-ssec.2) For section 99K of the Act , definition refund amount , the amount prescribed as the refund amount in relation to the relevant beverage container is 0c.\n(sec.98-ssec.3) Subsection (2) applies despite section 30.\n- (a) starting on the commencement; and\n- (b) ending on 31 October 2023.","sortOrder":135},{"sectionNumber":"sec.99","sectionType":"section","heading":"Transition period for displaying refund marking on relevant beverage containers— Act , s 308","content":"### sec.99 Transition period for displaying refund marking on relevant beverage containers— Act , s 308\n\nFor section 308 (3) of the Act , definition manufacture transition day , the day prescribed in relation to a relevant beverage container is 1 January 2027.","sortOrder":136},{"sectionNumber":"pt.16-div.3","sectionType":"division","heading":"Polychlorinated biphenyls (PCBs)","content":"## Polychlorinated biphenyls (PCBs)","sortOrder":137},{"sectionNumber":"sec.100","sectionType":"section","heading":"Existing notices about scheduled PCB material at premises","content":"### sec.100 Existing notices about scheduled PCB material at premises\n\nThis section applies if—\nbefore the commencement, a person gave a notice under the repealed regulation, section 41ZL(1) in relation to premises; and\nimmediately before the commencement, the prescribed information stated in the notice under that section had not changed; and\non the commencement, part 11, division 4 of this regulation applies to the person in relation to the premises.\nThe notice is taken to have been given by the person under section 55(1) of this regulation on the commencement.\n(sec.100-ssec.1) This section applies if— before the commencement, a person gave a notice under the repealed regulation, section 41ZL(1) in relation to premises; and immediately before the commencement, the prescribed information stated in the notice under that section had not changed; and on the commencement, part 11, division 4 of this regulation applies to the person in relation to the premises.\n(sec.100-ssec.2) The notice is taken to have been given by the person under section 55(1) of this regulation on the commencement.\n- (a) before the commencement, a person gave a notice under the repealed regulation, section 41ZL(1) in relation to premises; and\n- (b) immediately before the commencement, the prescribed information stated in the notice under that section had not changed; and\n- (c) on the commencement, part 11, division 4 of this regulation applies to the person in relation to the premises.","sortOrder":138},{"sectionNumber":"sec.101","sectionType":"section","heading":"Notices required about scheduled PCB material at premises","content":"### sec.101 Notices required about scheduled PCB material at premises\n\nThis section applies if—\nbefore the commencement, a person was required to give a notice under the repealed regulation, section 41ZL(1); and\nimmediately before the commencement, the period for giving the notice had not ended.\nDespite its repeal, the repealed regulation, section 41ZL(1) continues to apply to the person.\nA notice given by the person under the repealed regulation, section 41ZL(1), as continued in effect under subsection (2), is taken to have been given under section 55(1) of this regulation.\n(sec.101-ssec.1) This section applies if— before the commencement, a person was required to give a notice under the repealed regulation, section 41ZL(1); and immediately before the commencement, the period for giving the notice had not ended.\n(sec.101-ssec.2) Despite its repeal, the repealed regulation, section 41ZL(1) continues to apply to the person.\n(sec.101-ssec.3) A notice given by the person under the repealed regulation, section 41ZL(1), as continued in effect under subsection (2), is taken to have been given under section 55(1) of this regulation.\n- (a) before the commencement, a person was required to give a notice under the repealed regulation, section 41ZL(1); and\n- (b) immediately before the commencement, the period for giving the notice had not ended.","sortOrder":139},{"sectionNumber":"sec.102","sectionType":"section","heading":"Notices required about change to prescribed information about scheduled PCB material at premises","content":"### sec.102 Notices required about change to prescribed information about scheduled PCB material at premises\n\nThis section applies if—\nbefore the commencement, a person was required to give a notice under the repealed regulation, section 41ZL(2); and\nimmediately before the commencement, the period for giving the notice had not ended.\nDespite its repeal, the repealed regulation, section 41ZL(2) continues to apply to the person.\nA notice given by the person under the repealed regulation, section 41ZL(2), as continued in effect under subsection (2), is taken to have been given under section 55(2) of this regulation.\n(sec.102-ssec.1) This section applies if— before the commencement, a person was required to give a notice under the repealed regulation, section 41ZL(2); and immediately before the commencement, the period for giving the notice had not ended.\n(sec.102-ssec.2) Despite its repeal, the repealed regulation, section 41ZL(2) continues to apply to the person.\n(sec.102-ssec.3) A notice given by the person under the repealed regulation, section 41ZL(2), as continued in effect under subsection (2), is taken to have been given under section 55(2) of this regulation.\n- (a) before the commencement, a person was required to give a notice under the repealed regulation, section 41ZL(2); and\n- (b) immediately before the commencement, the period for giving the notice had not ended.","sortOrder":140},{"sectionNumber":"sec.103","sectionType":"section","heading":"Existing emergency plans","content":"### sec.103 Existing emergency plans\n\nThis section applies if—\nbefore the commencement, a person prepared an emergency plan for premises under the repealed regulation, section 41ZM; and\nimmediately before the commencement, the emergency plan was up to date; and\non the commencement, part 11, division 4 of this regulation applies to the person in relation to the premises.\nThe emergency plan is taken to have been prepared for the premises under section 56 of this regulation on the commencement.\n(sec.103-ssec.1) This section applies if— before the commencement, a person prepared an emergency plan for premises under the repealed regulation, section 41ZM; and immediately before the commencement, the emergency plan was up to date; and on the commencement, part 11, division 4 of this regulation applies to the person in relation to the premises.\n(sec.103-ssec.2) The emergency plan is taken to have been prepared for the premises under section 56 of this regulation on the commencement.\n- (a) before the commencement, a person prepared an emergency plan for premises under the repealed regulation, section 41ZM; and\n- (b) immediately before the commencement, the emergency plan was up to date; and\n- (c) on the commencement, part 11, division 4 of this regulation applies to the person in relation to the premises.","sortOrder":141},{"sectionNumber":"sec.104","sectionType":"section","heading":"Emergency plans required to be prepared","content":"### sec.104 Emergency plans required to be prepared\n\nThis section applies if—\nbefore the commencement, a person was required to prepare an emergency plan for premises under the repealed regulation, section 41ZM; and\nimmediately before the commencement, the period for preparing the plan had not ended.\nDespite its repeal, the repealed regulation, section 41ZM continues to apply to the person.\nAn emergency plan prepared under the repealed regulation, section 41ZM, as continued in effect under subsection (2), is taken to have been prepared under section 56 of this regulation.\n(sec.104-ssec.1) This section applies if— before the commencement, a person was required to prepare an emergency plan for premises under the repealed regulation, section 41ZM; and immediately before the commencement, the period for preparing the plan had not ended.\n(sec.104-ssec.2) Despite its repeal, the repealed regulation, section 41ZM continues to apply to the person.\n(sec.104-ssec.3) An emergency plan prepared under the repealed regulation, section 41ZM, as continued in effect under subsection (2), is taken to have been prepared under section 56 of this regulation.\n- (a) before the commencement, a person was required to prepare an emergency plan for premises under the repealed regulation, section 41ZM; and\n- (b) immediately before the commencement, the period for preparing the plan had not ended.","sortOrder":142},{"sectionNumber":"sec.105","sectionType":"section","heading":"Existing exemptions and undecided applications for exemptions—use of equipment containing concentrated PCB material","content":"### sec.105 Existing exemptions and undecided applications for exemptions—use of equipment containing concentrated PCB material\n\nAn exemption given or extended under the repealed regulation, section 41ZO and in effect immediately before the commencement—\ncontinues in effect; and\nis taken to have been given or extended under section 59 of this regulation on the same conditions, if any, to which it was subject immediately before the commencement.\nDespite its repeal, the repealed regulation, section 41ZO continues to apply in relation to an application made under that section, but not decided, before the commencement.\nAn exemption given or extended under the repealed regulation, section 41ZO, as continued in effect under subsection (2), is taken to have been given or extended under section 59 of this regulation.\n(sec.105-ssec.1) An exemption given or extended under the repealed regulation, section 41ZO and in effect immediately before the commencement— continues in effect; and is taken to have been given or extended under section 59 of this regulation on the same conditions, if any, to which it was subject immediately before the commencement.\n(sec.105-ssec.2) Despite its repeal, the repealed regulation, section 41ZO continues to apply in relation to an application made under that section, but not decided, before the commencement.\n(sec.105-ssec.3) An exemption given or extended under the repealed regulation, section 41ZO, as continued in effect under subsection (2), is taken to have been given or extended under section 59 of this regulation.\n- (a) continues in effect; and\n- (b) is taken to have been given or extended under section 59 of this regulation on the same conditions, if any, to which it was subject immediately before the commencement.","sortOrder":143},{"sectionNumber":"pt.16-div.4","sectionType":"division","heading":"Used packaging materials","content":"## Used packaging materials","sortOrder":144},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application of pt 13, div 2, sdiv 2","content":"### sec.106 Application of pt 13, div 2, sdiv 2\n\nSection 75 of this regulation applies as if the reference in the section to a notice under section 74 of this regulation included a reference to a notice under the repealed regulation, section 41H.","sortOrder":145},{"sectionNumber":"sec.107","sectionType":"section","heading":"Obligation in relation to recovery rate—financial year during which notice about obligations is given","content":"### sec.107 Obligation in relation to recovery rate—financial year during which notice about obligations is given\n\nThis section applies if a brand owner was given a notice under the repealed regulation, section 41H on or after 1 July 2023.\nSection 76 of this regulation applies to the brand owner for the 2023–2024 financial year as if the notice had been given under section 74 of this regulation.\n(sec.107-ssec.1) This section applies if a brand owner was given a notice under the repealed regulation, section 41H on or after 1 July 2023.\n(sec.107-ssec.2) Section 76 of this regulation applies to the brand owner for the 2023–2024 financial year as if the notice had been given under section 74 of this regulation.","sortOrder":146},{"sectionNumber":"sec.108","sectionType":"section","heading":"Obligation in relation to recovery rate—other financial years","content":"### sec.108 Obligation in relation to recovery rate—other financial years\n\nSection 77 of this regulation applies as if the reference in section 77(1) to a notice under section 74 of this regulation included a reference to a notice under the repealed regulation, section 41H.","sortOrder":147},{"sectionNumber":"sec.109","sectionType":"section","heading":"Existing obligation to create action plan","content":"### sec.109 Existing obligation to create action plan\n\nThis section applies if—\nbefore the commencement, a brand owner was given a notice under the repealed regulation, section 41H; and\nimmediately before the commencement, the period under the repealed regulation, section 41L(1)(b)(i) for creating an action plan and giving it to the chief executive had not ended.\nSection 78 of this regulation applies to the brand owner as if the notice given under the repealed regulation, section 41H had been given under section 74 of this regulation.\n(sec.109-ssec.1) This section applies if— before the commencement, a brand owner was given a notice under the repealed regulation, section 41H; and immediately before the commencement, the period under the repealed regulation, section 41L(1)(b)(i) for creating an action plan and giving it to the chief executive had not ended.\n(sec.109-ssec.2) Section 78 of this regulation applies to the brand owner as if the notice given under the repealed regulation, section 41H had been given under section 74 of this regulation.\n- (a) before the commencement, a brand owner was given a notice under the repealed regulation, section 41H; and\n- (b) immediately before the commencement, the period under the repealed regulation, section 41L(1)(b)(i) for creating an action plan and giving it to the chief executive had not ended.","sortOrder":148},{"sectionNumber":"sec.110","sectionType":"section","heading":"Obligation to prepare action plan for later financial years","content":"### sec.110 Obligation to prepare action plan for later financial years\n\nThis section applies if a brand owner was given a notice under the repealed regulation, section 41H at any time before the commencement.\nThe reference in section 78(1)(a)(ii) of this regulation to each later financial year applies as if the notice given under the repealed regulation, section 41H had been given under section 74 of this regulation.\n(sec.110-ssec.1) This section applies if a brand owner was given a notice under the repealed regulation, section 41H at any time before the commencement.\n(sec.110-ssec.2) The reference in section 78(1)(a)(ii) of this regulation to each later financial year applies as if the notice given under the repealed regulation, section 41H had been given under section 74 of this regulation.","sortOrder":149},{"sectionNumber":"sec.111","sectionType":"section","heading":"Existing notice to give information about steps to achieve recovery rate for 2023–2024 financial year","content":"### sec.111 Existing notice to give information about steps to achieve recovery rate for 2023–2024 financial year\n\nThis section applies if—\nbefore the commencement, a brand owner was given a notice under the repealed regulation, section 41M(2); and\nimmediately before the commencement, the period for complying with the notice under the repealed regulation, section 41M(9) had not ended.\nDespite its repeal, the repealed regulation, section 41M continues to apply in relation to the notice.\n(sec.111-ssec.1) This section applies if— before the commencement, a brand owner was given a notice under the repealed regulation, section 41M(2); and immediately before the commencement, the period for complying with the notice under the repealed regulation, section 41M(9) had not ended.\n(sec.111-ssec.2) Despite its repeal, the repealed regulation, section 41M continues to apply in relation to the notice.\n- (a) before the commencement, a brand owner was given a notice under the repealed regulation, section 41M(2); and\n- (b) immediately before the commencement, the period for complying with the notice under the repealed regulation, section 41M(9) had not ended.","sortOrder":150},{"sectionNumber":"sec.112","sectionType":"section","heading":"Giving of notice to require information about steps to achieve recovery rate for 2023–2024 financial year","content":"### sec.112 Giving of notice to require information about steps to achieve recovery rate for 2023–2024 financial year\n\nSection 79 of this regulation applies in relation to the 2023–2024 financial year as if the reference in section 79(1)(a) to section 76 or 77 of this regulation were a reference to the repealed regulation, section 41I or 41K.","sortOrder":151},{"sectionNumber":"sec.113","sectionType":"section","heading":"Obligations in relation to information about consumer packaging material","content":"### sec.113 Obligations in relation to information about consumer packaging material\n\nSection 80 of this regulation applies to a brand owner as if the reference in section 80(1) to keeping information prepared under that subsection for a financial year included a reference to keeping information prepared under the repealed regulation, section 41N(1) for a financial year.\nAlso, section 80 of this regulation applies to a brand owner in relation to the 2022–2023 financial year as if—\nthe reference in section 80(2) to each financial year included a reference to the 2022–2023 financial year; and\nthe reference in section 80(2) to the information prepared under section 80(1) included a reference to the information prepared under the repealed regulation, section 41N(1) for the 2022–2023 financial year.\n(sec.113-ssec.1) Section 80 of this regulation applies to a brand owner as if the reference in section 80(1) to keeping information prepared under that subsection for a financial year included a reference to keeping information prepared under the repealed regulation, section 41N(1) for a financial year.\n(sec.113-ssec.2) Also, section 80 of this regulation applies to a brand owner in relation to the 2022–2023 financial year as if— the reference in section 80(2) to each financial year included a reference to the 2022–2023 financial year; and the reference in section 80(2) to the information prepared under section 80(1) included a reference to the information prepared under the repealed regulation, section 41N(1) for the 2022–2023 financial year.\n- (a) the reference in section 80(2) to each financial year included a reference to the 2022–2023 financial year; and\n- (b) the reference in section 80(2) to the information prepared under section 80(1) included a reference to the information prepared under the repealed regulation, section 41N(1) for the 2022–2023 financial year.","sortOrder":152},{"sectionNumber":"sec.114","sectionType":"section","heading":"Existing exemptions and undecided applications for exemptions—commercial confidentiality","content":"### sec.114 Existing exemptions and undecided applications for exemptions—commercial confidentiality\n\nAn exemption granted under the repealed regulation, section 41P and in effect immediately before the commencement—\ncontinues in effect; and\nis taken to have been granted under section 82 of this regulation.\nDespite its repeal, the repealed regulation, sections 41O and 41P continue to apply in relation to a request for an exemption made under the repealed regulation, section 41O, but not decided under the repealed regulation, section 41P, before the commencement.\nAn exemption granted under the repealed regulation, section 41P, as continued in effect under subsection (2), is taken to have been granted under section 82 of this regulation.\n(sec.114-ssec.1) An exemption granted under the repealed regulation, section 41P and in effect immediately before the commencement— continues in effect; and is taken to have been granted under section 82 of this regulation.\n(sec.114-ssec.2) Despite its repeal, the repealed regulation, sections 41O and 41P continue to apply in relation to a request for an exemption made under the repealed regulation, section 41O, but not decided under the repealed regulation, section 41P, before the commencement.\n(sec.114-ssec.3) An exemption granted under the repealed regulation, section 41P, as continued in effect under subsection (2), is taken to have been granted under section 82 of this regulation.\n- (a) continues in effect; and\n- (b) is taken to have been granted under section 82 of this regulation.","sortOrder":153},{"sectionNumber":"sec.115","sectionType":"section","heading":"Existing notices given to particular kerbside recycling collectors","content":"### sec.115 Existing notices given to particular kerbside recycling collectors\n\nThis section applies if—\nbefore the commencement, the chief executive gave a person a notice under the repealed regulation, section 41R in relation to the 2022–2023 financial year; and\nimmediately before the commencement, the person had not complied with the notice.\nDespite its repeal, the repealed regulation, section 41R continues to apply in relation to the notice.\n(sec.115-ssec.1) This section applies if— before the commencement, the chief executive gave a person a notice under the repealed regulation, section 41R in relation to the 2022–2023 financial year; and immediately before the commencement, the person had not complied with the notice.\n(sec.115-ssec.2) Despite its repeal, the repealed regulation, section 41R continues to apply in relation to the notice.\n- (a) before the commencement, the chief executive gave a person a notice under the repealed regulation, section 41R in relation to the 2022–2023 financial year; and\n- (b) immediately before the commencement, the person had not complied with the notice.","sortOrder":154},{"sectionNumber":"sec.116","sectionType":"section","heading":"Chief executive’s reporting requirements for 2022–2023 and 2023–2024 financial years","content":"### sec.116 Chief executive’s reporting requirements for 2022–2023 and 2023–2024 financial years\n\nSection 85 of this regulation applies in relation to the 2022–2023 and 2023–2024 financial years as if—\nthe reference in section 85(a) to section 80 of this regulation included a reference to the repealed regulation, section 41N; and\nthe reference in section 85(b) to section 83 of this regulation included a reference to the repealed regulation, section 41Q; and\nthe reference in section 85(b) to section 84 of this regulation included a reference to the repealed regulation, section 41R; and\nthe reference in section 85(c) to section 86 of this regulation included a reference to the repealed regulation, section 41T.\n- (a) the reference in section 85(a) to section 80 of this regulation included a reference to the repealed regulation, section 41N; and\n- (b) the reference in section 85(b) to section 83 of this regulation included a reference to the repealed regulation, section 41Q; and\n- (c) the reference in section 85(b) to section 84 of this regulation included a reference to the repealed regulation, section 41R; and\n- (d) the reference in section 85(c) to section 86 of this regulation included a reference to the repealed regulation, section 41T.","sortOrder":155},{"sectionNumber":"pt.16-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":156},{"sectionNumber":"sec.117","sectionType":"section","heading":"Prescribed provisions for show cause notices and compliance notices","content":"### sec.117 Prescribed provisions for show cause notices and compliance notices\n\nFor section 245 of the Act , definition prescribed provision , paragraph (c), the following provisions are also prescribed—\nthe provisions of the repealed regulation prescribed by the repealed regulation, section 42A;\nthe repealed regulation, sections 41M(9) and 41R(3), as continued in effect under sections 111 and 115 of this regulation.\n- (a) the provisions of the repealed regulation prescribed by the repealed regulation, section 42A;\n- (b) the repealed regulation, sections 41M(9) and 41R(3), as continued in effect under sections 111 and 115 of this regulation.","sortOrder":157},{"sectionNumber":"sec.118","sectionType":"section","heading":"References to repealed regulation","content":"### sec.118 References to repealed regulation\n\nA reference in a document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":158},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Metropolitan local government areas","content":"# Metropolitan local government areas","sortOrder":159},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Regional local government areas","content":"# Regional local government areas","sortOrder":160},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":161},{"sectionNumber":"sch.6-sec.1","sectionType":"section","heading":"Definition for schedule","content":"### sch.6-sec.1 Definition for schedule\n\nIn this schedule—\nscheme contribution amount , for a manufacturer of a beverage product, means an amount payable by the manufacturer of the beverage product to the Organisation to contribute to the costs mentioned in section 99Q (4) (a) (i) and (ii) of the Act .","sortOrder":162},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Container recovery agreements generally","content":"# Container recovery agreements generally","sortOrder":163},{"sectionNumber":"sch.6-sec.2","sectionType":"section","heading":"Purpose of part","content":"### sch.6-sec.2 Purpose of part\n\nThis part states a standard term for a container recovery agreement between the Organisation and the manufacturer of a beverage product.","sortOrder":164},{"sectionNumber":"sch.6-sec.3","sectionType":"section","heading":"Scheme contribution amounts","content":"### sch.6-sec.3 Scheme contribution amounts\n\nA scheme contribution amount for the manufacturer of the beverage product is worked out using the scheme price for the type of container used for the product.\nIn this section—\nscheme price , for a type of container, means the price, expressed in cents, published by the Organisation on its website as the unit price payable by manufacturers of beverage products for a container of that type.\n(sch.6-sec.3-ssec.1) A scheme contribution amount for the manufacturer of the beverage product is worked out using the scheme price for the type of container used for the product.\n(sch.6-sec.3-ssec.2) In this section— scheme price , for a type of container, means the price, expressed in cents, published by the Organisation on its website as the unit price payable by manufacturers of beverage products for a container of that type.","sortOrder":165},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Small beverage manufacturers other than relevant beverage manufacturers","content":"# Small beverage manufacturers other than relevant beverage manufacturers","sortOrder":166},{"sectionNumber":"sch.6-sec.4","sectionType":"section","heading":"Purpose of part","content":"### sch.6-sec.4 Purpose of part\n\nWithout limiting part 2 , this part states standard terms for a container recovery agreement between the Organisation and a small beverage manufacturer, other than a small beverage manufacturer that is a relevant beverage manufacturer.","sortOrder":167},{"sectionNumber":"sch.6-sec.5","sectionType":"section","heading":"Elections about scheme contribution amounts","content":"### sch.6-sec.5 Elections about scheme contribution amounts\n\nThe small beverage manufacturer may, by notice given to the Organisation—\nelect to—\nhave the scheme contribution amounts for the small beverage manufacturer worked out for periods of a month; and\npay those amounts monthly; and\nwithdraw an election made under paragraph (a) .\n- (a) elect to— (i) have the scheme contribution amounts for the small beverage manufacturer worked out for periods of a month; and (ii) pay those amounts monthly; and\n- (i) have the scheme contribution amounts for the small beverage manufacturer worked out for periods of a month; and\n- (ii) pay those amounts monthly; and\n- (b) withdraw an election made under paragraph (a) .\n- (i) have the scheme contribution amounts for the small beverage manufacturer worked out for periods of a month; and\n- (ii) pay those amounts monthly; and","sortOrder":168},{"sectionNumber":"sch.6-sec.6","sectionType":"section","heading":"Scheme contribution amounts in absence of election","content":"### sch.6-sec.6 Scheme contribution amounts in absence of election\n\nThis section applies if the small beverage manufacturer—\ndoes not make an election under section 5 (a) ; or\nunder section 5 (b) , withdraws an election made under section 5 (a) .\nA scheme contribution amount for the small beverage manufacturer—\nis worked out for a period of not less than a quarter in a financial year; and\nmay not be required to be paid more than once in each quarter of a financial year.\n(sch.6-sec.6-ssec.1) This section applies if the small beverage manufacturer— does not make an election under section 5 (a) ; or under section 5 (b) , withdraws an election made under section 5 (a) .\n(sch.6-sec.6-ssec.2) A scheme contribution amount for the small beverage manufacturer— is worked out for a period of not less than a quarter in a financial year; and may not be required to be paid more than once in each quarter of a financial year.\n- (a) does not make an election under section 5 (a) ; or\n- (b) under section 5 (b) , withdraws an election made under section 5 (a) .\n- (a) is worked out for a period of not less than a quarter in a financial year; and\n- (b) may not be required to be paid more than once in each quarter of a financial year.","sortOrder":169},{"sectionNumber":"sch.6-pt.4","sectionType":"part","heading":"Small beverage manufacturers that are relevant beverage manufacturers","content":"# Small beverage manufacturers that are relevant beverage manufacturers","sortOrder":170},{"sectionNumber":"sch.6-sec.7","sectionType":"section","heading":"Purpose of part","content":"### sch.6-sec.7 Purpose of part\n\nWithout limiting part 2 , this part states standard terms for a container recovery agreement between the Organisation and a small beverage manufacturer that is a relevant beverage manufacturer.","sortOrder":171},{"sectionNumber":"sch.6-sec.8","sectionType":"section","heading":"Elections about scheme contribution amounts","content":"### sch.6-sec.8 Elections about scheme contribution amounts\n\nThe relevant beverage manufacturer may, by notice given to the Organisation—\nelect to—\nhave the scheme contribution amounts for the relevant beverage manufacturer worked out for periods of a month or a quarter; and\npay those amounts monthly or quarterly; and\nwithdraw an election made under paragraph (a) .\n- (a) elect to— (i) have the scheme contribution amounts for the relevant beverage manufacturer worked out for periods of a month or a quarter; and (ii) pay those amounts monthly or quarterly; and\n- (i) have the scheme contribution amounts for the relevant beverage manufacturer worked out for periods of a month or a quarter; and\n- (ii) pay those amounts monthly or quarterly; and\n- (b) withdraw an election made under paragraph (a) .\n- (i) have the scheme contribution amounts for the relevant beverage manufacturer worked out for periods of a month or a quarter; and\n- (ii) pay those amounts monthly or quarterly; and","sortOrder":172},{"sectionNumber":"sch.6-sec.9","sectionType":"section","heading":"Scheme contribution amounts in absence of election","content":"### sch.6-sec.9 Scheme contribution amounts in absence of election\n\nThis section applies if the relevant beverage manufacturer—\ndoes not make an election under section 8 (a) ; or\nunder section 8 (b) , withdraws an election made under section 8 (a) .\nA scheme contribution amount for the relevant beverage manufacturer—\nis worked out for a period of not less than a financial year; and\nmay not be required to be paid more than once in a financial year.\n(sch.6-sec.9-ssec.1) This section applies if the relevant beverage manufacturer— does not make an election under section 8 (a) ; or under section 8 (b) , withdraws an election made under section 8 (a) .\n(sch.6-sec.9-ssec.2) A scheme contribution amount for the relevant beverage manufacturer— is worked out for a period of not less than a financial year; and may not be required to be paid more than once in a financial year.\n- (a) does not make an election under section 8 (a) ; or\n- (b) under section 8 (b) , withdraws an election made under section 8 (a) .\n- (a) is worked out for a period of not less than a financial year; and\n- (b) may not be required to be paid more than once in a financial year.","sortOrder":173},{"sectionNumber":"sch.6-sec.10","sectionType":"section","heading":"Returns stating particular sold beverage products","content":"### sch.6-sec.10 Returns stating particular sold beverage products\n\nAfter the end of each financial year, the relevant beverage manufacturer must, on or before the return date, give the Organisation a return stating the number of beverage products, filled with a relevant beverage, that were sold in Queensland by the relevant beverage manufacturer during the financial year.\nIn this section—\nreturn date , in relation to a return under subsection (1) for a financial year, means—\nif 21 July in the following financial year is not a business day—the next business day after 21 July in the following financial year; or\notherwise—21 July in the following financial year.\nThe return date in relation to a return under subsection (1) for the 2023–2024 financial year is Monday, 22 July 2024 because 21 July 2024 is a Sunday.\n(sch.6-sec.10-ssec.1) After the end of each financial year, the relevant beverage manufacturer must, on or before the return date, give the Organisation a return stating the number of beverage products, filled with a relevant beverage, that were sold in Queensland by the relevant beverage manufacturer during the financial year.\n(sch.6-sec.10-ssec.2) In this section— return date , in relation to a return under subsection (1) for a financial year, means— if 21 July in the following financial year is not a business day—the next business day after 21 July in the following financial year; or otherwise—21 July in the following financial year. The return date in relation to a return under subsection (1) for the 2023–2024 financial year is Monday, 22 July 2024 because 21 July 2024 is a Sunday.\n- (a) if 21 July in the following financial year is not a business day—the next business day after 21 July in the following financial year; or\n- (b) otherwise—21 July in the following financial year.","sortOrder":174},{"sectionNumber":"sch.6-sec.11","sectionType":"section","heading":"Elections about returns under s 10","content":"### sch.6-sec.11 Elections about returns under s 10\n\nThe relevant beverage manufacturer may, by notice given to the Organisation—\nelect to give the Organisation 2 or more returns under section 10 relating to separate parts of a financial year for which a return is required; and\nwithdraw an election made under paragraph (a) .\n- (a) elect to give the Organisation 2 or more returns under section 10 relating to separate parts of a financial year for which a return is required; and\n- (b) withdraw an election made under paragraph (a) .","sortOrder":175},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Material recovery agreements generally","content":"# Material recovery agreements generally","sortOrder":176},{"sectionNumber":"sch.8-sec.1","sectionType":"section","heading":"Purpose of part","content":"### sch.8-sec.1 Purpose of part\n\nThis part states a standard term for a material recovery agreement between the Organisation and the operator of a material recovery facility.","sortOrder":177},{"sectionNumber":"sch.8-sec.2","sectionType":"section","heading":"Claiming recovery amounts","content":"### sch.8-sec.2 Claiming recovery amounts\n\nThis section applies in relation to the quantity of containers the operator sorts and prepares for recycling for a quarter in a financial year.\nThe operator—\nmay claim the recovery amount for the quantity only once for the quarter; and\nmust claim the recovery amount for the quantity within 10 business days after the end of the quarter.\n(sch.8-sec.2-ssec.1) This section applies in relation to the quantity of containers the operator sorts and prepares for recycling for a quarter in a financial year.\n(sch.8-sec.2-ssec.2) The operator— may claim the recovery amount for the quantity only once for the quarter; and must claim the recovery amount for the quantity within 10 business days after the end of the quarter.\n- (a) may claim the recovery amount for the quantity only once for the quarter; and\n- (b) must claim the recovery amount for the quantity within 10 business days after the end of the quarter.","sortOrder":178},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Material recovery agreements requiring recovery sharing arrangement","content":"# Material recovery agreements requiring recovery sharing arrangement","sortOrder":179},{"sectionNumber":"sch.8-sec.3","sectionType":"section","heading":"Purpose of part","content":"### sch.8-sec.3 Purpose of part\n\nWithout limiting part 1 , this part states standard terms for a material recovery agreement between the Organisation and the operator of a material recovery facility if the agreement requires a written arrangement mentioned in section 42 (b) of this regulation (a recovery sharing arrangement ).","sortOrder":180},{"sectionNumber":"sch.8-sec.4","sectionType":"section","heading":"Payment of recovery amounts","content":"### sch.8-sec.4 Payment of recovery amounts\n\nThe recovery sharing arrangement must state—\nthat the recovery amount for a quantity of containers under the arrangement is to be worked out under the recovery amount protocol; and\nthe following matters in relation to payment of the proportion of the recovery amount for a quantity of containers—\nthe proportion, expressed as a percentage, of the recovery amount;\nthe frequency of payment;\nthe date by which each payment must be made.\n- (a) that the recovery amount for a quantity of containers under the arrangement is to be worked out under the recovery amount protocol; and\n- (b) the following matters in relation to payment of the proportion of the recovery amount for a quantity of containers— (i) the proportion, expressed as a percentage, of the recovery amount; (ii) the frequency of payment; (iii) the date by which each payment must be made.\n- (i) the proportion, expressed as a percentage, of the recovery amount;\n- (ii) the frequency of payment;\n- (iii) the date by which each payment must be made.\n- (i) the proportion, expressed as a percentage, of the recovery amount;\n- (ii) the frequency of payment;\n- (iii) the date by which each payment must be made.","sortOrder":181},{"sectionNumber":"sch.8-sec.5","sectionType":"section","heading":"Notice about recovery sharing arrangement","content":"### sch.8-sec.5 Notice about recovery sharing arrangement\n\nThe operator must give the Organisation a notice about the recovery sharing arrangement that—\nis signed by the operator and on behalf of the local government; and\nstates the matters mentioned in section 4 (b) .\n- (a) is signed by the operator and on behalf of the local government; and\n- (b) states the matters mentioned in section 4 (b) .","sortOrder":182},{"sectionNumber":"sch.8-sec.6","sectionType":"section","heading":"Failure to give notice about recovery sharing arrangement","content":"### sch.8-sec.6 Failure to give notice about recovery sharing arrangement\n\nThis section applies if the operator—\nclaims a recovery amount for a quantity of containers for a quarter in a financial year; and\nhas not given the Organisation a notice under section 5 about the recovery sharing arrangement.\nThe Organisation must not pay the operator the recovery amount for the quantity until the operator gives the Organisation a notice under section 5 about the recovery sharing arrangement.\n(sch.8-sec.6-ssec.1) This section applies if the operator— claims a recovery amount for a quantity of containers for a quarter in a financial year; and has not given the Organisation a notice under section 5 about the recovery sharing arrangement.\n(sch.8-sec.6-ssec.2) The Organisation must not pay the operator the recovery amount for the quantity until the operator gives the Organisation a notice under section 5 about the recovery sharing arrangement.\n- (a) claims a recovery amount for a quantity of containers for a quarter in a financial year; and\n- (b) has not given the Organisation a notice under section 5 about the recovery sharing arrangement.","sortOrder":183}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation repeals the 2011 instrument (s 95) and re‑frames obligations across several areas: it operationalises waste levy mechanics and zones (ss 13–17), introduces or updates banned plastics and single‑use items (pts 5–6, ss 28–29), establishes detailed rules for a beverage container refund scheme (pt 7, ss 30–46), strengthens brand‑owner packaging recovery duties (pt 13, ss 68–87) and sets a specific PCB management regime (pt 11, ss 49–60). Transitional provisions carry across some existing notices and exemptions (pt 16)."},"complexity_factors":["Multiple waste levy tiers, annual indexation and geographic zoning with different rates (ss 13–16; sched 1–2)","Detailed exemption rules with time‑limited prescriptions and expiry dates (ss 6, 8)","Administrative discretions and approval criteria exercised by the chief executive (exempt waste, residue discounting, exemptions for PCB equipment) (ss 9–11, 22–24, 59)","Extensive reporting, recordkeeping and action‑plan obligations for brand owners and recovery operators, including confidentiality exemption processes (pt 13, ss 76–80, 81–82)","Technical measurement rules for weights when no weighbridge is used, including vehicle limits and container‑volume multipliers (s 25; sched 4)","New operational schemes with standard contract terms and payment regimes (container recovery and material recovery agreements; sched 6, sched 8)","Specific hazardous‑materials regime for PCBs with duties, emergency‑plan and notice requirements, and criminal penalties (pt 11, ss 49–60)","Numerous transitional provisions and cross‑references to the repealed regulation and to other statutes, increasing legal interpretation burden (pt 16, ss 95–116)","Penalty regime and prescribed provisions for show‑cause and compliance notices linked to multiple offences and delegated processes (ss 51, 52, 91, 117)"],"plain_english_summary":"This regulation replaces the 2011 rules and sets detailed operational rules for the waste levy (rates, zones, indexation and measurement), exemptions and discounting, banned plastic shopping bags and single‑use items, a beverage container refund scheme, controls on PCBs, clinical‑waste handling and used‑packaging obligations. It prescribes who pays the levy (waste delivered to levyable sites) and how rates are calculated (level 1/2, indexation) (see ss 13–17). It also creates reporting, approval and enforcement duties for brand owners, local governments and waste operators (see pt 11, pt 13)."},"kimi_summary":{"_metrics":{"completionTokens":850},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive waste management regulation. It covers waste levies, recycling incentives, hazardous waste management, and product stewardship schemes — all core functions of the Waste Reduction and Recycling Act 2011. The 2023 update includes new provisions for the container refund scheme and updated PCB management rules, but these represent evolution within the established framework rather than scope creep."},"complexity_factors":["Multiple interlocking schemes (waste levy, container refund, packaging stewardship, hazardous waste) with different rules and thresholds","Extensive cross-referencing to the parent Act and other legislation (Environmental Protection Act, Local Government Act, etc.)","Numerous defined terms with technical specifications (e.g., 'concentrated PCB material' requires 50g+ of PCBs at 100,000mg/kg concentration)","Sunsetting provisions with multiple expiry dates (e.g., exemptions for certain waste types expire 2029 or 2030)","Complex conditional logic for waste levy rates based on: zone (metropolitan/regional/non-levy), waste type, where waste was generated, and date of delivery","Mathematical formulas for calculating levy amounts, recycling efficiency thresholds, and recovery rates","Multiple schedules referenced but not included in the extract (Schedules 1-13 contain critical rate tables, fee schedules, and zone definitions)","Transitional provisions preserving rights and obligations from the repealed 2011 regulation","Nested exceptions and exemptions throughout (e.g., section 59 exemption process for PCB equipment has 9 subsections with multiple conditions)"],"plain_english_summary":"This Queensland regulation sets the detailed rules for how the **Waste Reduction and Recycling Act 2011** actually works in practice. It covers a lot of ground:\n\n**Waste Levy & Disposal**\n- Establishes how much you pay to dump waste, with different rates for metropolitan vs regional areas (the \"waste levy zone\")\n- Sets out what counts as \"exempt waste\" that doesn't attract the levy — things like certain wastewater, coal ash, and residue from glass recycling plants\n- Creates a 50% discount on the levy for businesses that do recycling, provided they meet efficiency targets (at least 60% recycling efficiency)\n- Explains how to calculate waste weights when you don't have a weighbridge — using vehicle weights or container volumes\n\n**Banned Plastics**\n- Bans plastic shopping bags under 35 micrometres thick unless they contain 80%+ recycled content and can carry 10kg at least 125 times\n- Bans single-use plastic cotton buds, products with plastic microbeads (like some face scrubs and cleaners), and expanded polystyrene packing peanuts\n\n**Container Refund Scheme (\"Containers for Change\")**\n- Sets the refund at **10 cents** per eligible container\n- Lists what's excluded: milk, cordial, concentrated juices, health tonics, very small or very large containers, wine casks over 1L, and some other packaging types\n- Requires manufacturers to pay into the scheme and sets rules for how material recovery facilities share refunds with local councils\n\n**Hazardous Waste Management**\n- Strict rules for **PCBs** (polychlorinated biphenyls — toxic industrial chemicals): they must go to licensed treatment facilities, not landfill, and equipment containing them must be properly decontaminated or disposed of\n- Detailed requirements for **clinical waste** (medical waste): segregation into categories like sharps, human tissue, animal waste, cytotoxic drugs; colour-coded containers; secure storage; and proper disposal methods\n\n**Packaging Stewardship**\n- Requires \"brand owners\" (companies whose products use packaging) to either join the Australian Packaging Covenant or achieve 70% recovery rates for their packaging materials\n- Local governments must report on kerbside recycling performance\n\n**Who it affects:** Waste disposal facilities, local councils, recycling businesses, manufacturers, retailers, healthcare facilities, and anyone dealing with hazardous materials like PCBs or clinical waste."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded beyond its original 2023 scope through multiple amendments (2023 SL No. 188, 2024 SL No. 111, 2025 SL No. 42, and 2025 SL No. 154). Notable expansions include: extending the non-levy zone waste levy to apply from 1 July 2024 onwards (previously nil); adding residue waste from glass beneficiation plants and material recovery facilities to the exempt waste list; updating the coal power station ash exemption timeline from 2024 to 2029; and amendments to the plastic shopping bag and plastic item provisions. The core framework remains consistent with the original intent but the detailed provisions have been progressively refined and extended."},"complexity_factors":["Multiple distinct regulatory regimes operating simultaneously (waste levy, plastic bans, container deposits, PCB management, reporting)","Tiered levy rate structure based on geographic zones (metropolitan vs regional vs non-levy zone) and origin of waste, creating a matrix of possible rates","Automatic annual indexation mechanism for levy rates requiring ongoing calculation rather than fixed amounts","Multiple expiry dates on specific provisions (e.g. coal ash exemption expires 2029, Norfolk Island waste exemption expires 2030), creating a shifting legal landscape","Heavily cross-referenced to the parent Act across dozens of sections, making the regulation unintelligible without the Act","Technical definitions involving precise scientific measurements (PCB concentrations in mg/kg, plastic film thickness in micrometres, surface coverage in mg/m²)","Complex application and approval processes for levy discounts with multi-factor assessment criteria and performance thresholds","Weight measurement methodology using vehicle GVM/GCM tables and container volume multipliers as proxies for actual weighing","Interaction with multiple other laws including the Environmental Protection Regulation, Local Government Act, Heavy Vehicle National Regulation, and Therapeutic Goods Act","PCB provisions involve highly technical definitions distinguishing between 'scheduled PCB material', 'concentrated PCB material', and general 'PCB material' based on concentration thresholds","Has been amended multiple times since 2023, adding interpretive complexity"],"plain_english_summary":"This Queensland regulation implements practical rules under the Waste Reduction and Recycling Act, setting landfill levy rates, bans on certain single‑use plastics and thicker plastic bags, the 10¢ Containers for Change refund scheme, PCB management and disposal controls, and reporting obligations for large waste handlers.  \n\nIt affects residents (bag rules, container refunds), businesses and recyclers (levy, reporting, container obligations), waste operators and local governments (levy administration, designated areas), and operators handling hazardous industrial wastes."}},"importantCases":[],"_links":{"self":"/api/acts/waste-reduction-and-recycling-regulation-2023","history":"/api/acts/waste-reduction-and-recycling-regulation-2023/history","analysis":"/api/acts/waste-reduction-and-recycling-regulation-2023/analysis","conflicts":"/api/acts/waste-reduction-and-recycling-regulation-2023/conflicts","importantCases":"/api/acts/waste-reduction-and-recycling-regulation-2023/important-cases","documents":"/api/acts/waste-reduction-and-recycling-regulation-2023/documents"}}