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Environment Protection (Beverage Containers and Plastic Bags) Act 2011
8AMeaning of material type
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8A Meaning of material type
(1) The material type, of a permitted container, is the type of material
from which the container is manufactured, including, for example,
plastic, aluminium, glass and liquid paper board.
(2) A reference in this Act to the material type of a permitted container
includes a reference to a category of the material type, including,
for example:
(a) coloured plastic and clear plastic; and
(b) coloured glass and clear glass.
9 Containers exempted from application of CDS
The CDS does not apply to containers prescribed by regulation.
Division 2 Establishment of CDS and waste management
arrangements
10 CDS established
(1) This Part establishes a container deposit scheme (the CDS).
(2) The matters covered by the CDS to achieve the object of
minimising environmental pollution in the ways mentioned in
section 3(a)(i) and (ii) include the following:
(a) the prohibition of the supply in the Territory of regulated
containers unless they are supplied by a CDS supplier and
meet the following requirements:
(i) the material types of the containers (including the labels)
are suitable for recycling or reuse;
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 8
(ii) the containers bear the approved refund marking;
(iii) the way the refund marking is applied to the containers
is not likely to render the containers unsuitable for
recycling or reuse;
(iv) the containers are the subject of a supplier arrangement
to which the supplier is a party;
(b) the sorting, by operators of approved collection depots, of
empty permitted containers of any beverage products:
(i) by material type; and
(ii) regardless of the product names displayed on the
(c) the making of waste management arrangements between
CDS participants that are appropriate for the CDS;
(d) the granting of CDS approvals and the imposition of conditions
on those approvals;
(da) the registration of persons as CDS suppliers and the
imposition of conditions on registration;
(e) the delivery, by any members of the community, of empty
permitted containers to approved collection depots throughout
the Territory for a refund of the refund amount for the
(f) the acceptance by operators of approved collection depots of
empty permitted containers delivered to the depots and the
method of payment of refund amounts for the containers;
(g) the acceptance by CDS coordinators of empty permitted
containers of any beverage products:
(i) delivered to the coordinators by operators of approved
collection depots; and
(ii) sorted by the operators before delivery by material type,
regardless of the product name displayed on the
(h) the payments to be made by CDS coordinators to operators of
approved collection depots in relation to empty permitted
containers accepted by the coordinators.
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 9
(3) The CDS does not require beverage retailers to:
(a) accept delivery of empty containers; or
(b) pay the refund amount in exchange for delivered containers.
Note for subsection (3)
A beverage retailer may, however, obtain a collection approval to operate a
collection depot, for example, a reverse vending machine at the retailer's
premises for the payment of refund amounts for containers.