95Requirements to recover, reuse and recycle materials and review packaging design

95 Requirements to recover, reuse and recycle materials and review packaging design

(1) A brand owner must ensure that the materials used in packaging for which the brand owner is responsible are recovered at a recovery rate for a financial year of at least 70% for each category of material set out in regulation 97 that the brand owner has used.

(2) For the purposes of subregulation (1), the recovered materials may be either or both of the following—

(a) the packaging for which the brand owner is responsible;

(b) an equivalent amount of materials that are of a size and type that are substantially the same as the packaging for which the brand owner is responsible.

(3) For the purposes of subregulation (1), a brand owner must ensure that the recovered materials are—

(a) reused or recycled by the brand owner, so far as reasonably practicable; or

(b) if it is not reasonably practicable for the materials to be reused or recycled by the brand owner, reused or recycled within Australia so far as reasonably practicable; or

(c) if it is not reasonably practicable for the materials to be reused or recycled within Australia, reused or recycled outside Australia.

(4) A brand owner must ensure that consumers are given adequate information as to how the packaging may be recovered, including information regarding where to take the materials for recycling and how to reuse or recycle the materials.

(5) A brand owner must ensure that the need for and the design of the packaging is regularly reviewed.