Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2024
I, Tanya Plibersek, Minister for the Environment and Water, make the following rules.
Dated 23 April 2024
Tanya Plibersek
Minister for the Environment and Water
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Regulating waste paper and cardboard
5 Waste paper and cardboard is regulated waste material
6 Prescribed export conditions for regulated waste paper and cardboard
7 Export declaration
Part 3—Waste paper and cardboard export licences
8 Application for waste paper and cardboard export licence—requirements
9 Deciding whether to grant a waste paper and cardboard export licence
10 Conditions of waste paper and cardboard export licence
11 Renewal of waste paper and cardboard export licence
12 Deciding whether to vary a waste paper and cardboard export licence
13 Grounds for suspension of waste paper and cardboard export licence
14 Grounds for revocation of waste paper and cardboard export licence
15 Holder of waste paper and cardboard export licence to notify the Minister of certain events
16 Directions to holders of waste paper and cardboard export licence
Part 4—Exemptions
17 Revocation of exemption
Part 5—Record‑keeping
18 Purpose of Part
19 Making and retaining records
20 Records must not be altered or defaced during retention period
Part 6—Other matters
21 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
Part 1—Preliminary
1 Name
This instrument is the Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Section 1 - Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2024 - Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2024 | Zoe
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument 1 July 2024. 1 July 2024
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Recycling and Waste Reduction Act 2020.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) export;
(b) export declaration;
(c) export licence;
(d) export operations;
(e) regulated waste material.
In this instrument:
Act means the Recycling and Waste Reduction Act 2020.
contaminants means:
(a) material that represent a hazard to health, safety and the environment; or
(b) non‑paper components such as metals, plastics, glass, textiles or wood;
but does not include water or non‑paper components that are a component of liquid paperboard.
regulated waste paper and cardboard means waste paper and cardboard that is prescribed under section 5.
trade sample, in relation to regulated waste paper and cardboard, means such paper and cardboard that is exported solely for the purposes of providing:
(a) a sample under a commercial agreement; or
(b) a sample of the waste for the purposes of technical or safety analysis of the waste.
waste paper and cardboard: see subsection 5(2).
waste paper and cardboard export licence means an export licence to carry out export operations in relation to regulated waste paper and cardboard.
Part 2—Regulating waste paper and cardboard
5 Waste paper and cardboard is regulated waste material
(1) For the purposes of subsection 17(1) of the Act, waste paper and cardboard, other than the kinds of waste paper and cardboard referred to in subsection (3) of this section, is prescribed.
Note: Waste paper and cardboard that is prescribed under this section is regulated waste paper and cardboard.
(2) Waste paper and cardboard means:
(a) mixed or unsorted paper and cardboard that is discarded, rejected or left‑over from an industrial, commercial, domestic or other activity; or
(b) mixed or unsorted paper and cardboard that is surplus to, or a by‑product of, an industrial, commercial, domestic or other activity.
(3) The following kinds of waste paper and cardboard are not prescribed for the purposes of subsection 17(1) of the Act:
(a) waste paper and cardboard that is exported for personal or domestic use;
(b) waste paper and cardboard that is imported into Australia on a temporary basis and is re‑exported in the same covering and with the same trade description (within the meaning of the Commerce (Trade Descriptions) Act 1905) with which it was imported;
(c) waste paper and cardboard that is hazardous waste (within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989);
(d) pulp of fibres that have been derived from waste paper and cardboard;
(e) sorted liquid paperboard.
6 Prescribed export conditions for regulated waste paper and cardboard
(1) This section is made for the purposes of section 18 of the Act.
(2) The export of regulated waste paper and cardboard on or after 1 October 2024 is prohibited unless:
(a) all of the following apply:
(i) the exporter holds a waste paper and cardboard export licence;
(ii) the licence is in force and not suspended at the time the regulated waste paper and cardboard is exported;
(iii) for each consignment of regulated waste paper and cardboard that is exported—the exporter has given the Minister an export declaration for the consignment; or
(b) both of the following apply:
(i) the consignment of regulated waste paper and cardboard that is exported is less than 100 kg;
(ii) the regulated waste paper and cardboard that is exported is a trade sample.
Note: Contravention of one or more of the conditions in this subsection is an offence and a civil penalty provision (see section 20 of the Act).
7 Export declaration
(1) For the purposes of paragraph 19(1)(c) of the Act, this section prescribes information that must be included in an export declaration made for a consignment of regulated waste paper and cardboard that is exported on or after 1 October 2024.
(2) The information to be included is the total weight of contaminants in the consignment as a percentage of the total weight of the consignment.
Part 3—Waste paper and cardboard export licences
8 Application for waste paper and cardboard export licence—requirements
(1) This section is made for the purposes of paragraph 172(1)(c) of the Act and prescribes information that must be included in an application under section 33 of the Act for a waste paper and cardboard export licence.
(2) If the application is for a licence to carry out the export of regulated waste paper and cardboard on or after 1 July 2026, the application must include information that demonstrates that the applicant is, and is likely to continue to be, able to ensure that the total weight of contaminants in each consignment of regulated waste paper and cardboard exported on or after 1 July 2026 under the licence does not exceed 5% of the total weight of the consignment.
9 Deciding whether to grant a waste paper and cardboard export licence
(1) For the purposes of paragraph 34(2)(f) of the Act, this section prescribes other matters to which the Minister must have regard in deciding whether to grant a waste paper and cardboard export licence.
(2) The matters are the following:
(a) whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister);
(b) if the application is for a licence to carry out the export of regulated waste paper and cardboard on or after 1 July 2026—whether the applicant has the capacity to ensure that the total weight of contaminants in each consignment of regulated waste paper and cardboard exported on or after 1 July 2026 under the licence does not exceed 5% of the total weight of the consignment.
Note: Other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the Act. The Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the Act).
10 Conditions of waste paper and cardboard export licence
(1) For the purposes of paragraph 35(1)(b) of the Act, this section prescribes conditions of a waste paper and cardboard export licence.
Note: A waste paper and cardboard export licence is also subject to:
(a) the conditions (if any) specified in the licence under paragraph 35(1)(c) of the Act; and
(b) the condition that the holder of the licence must comply with any directions given to the holder under section 64 of the Act.
(2) The holder of the licence must, for each consignment of regulated waste paper and cardboard intended for export under the licence, have a commercial relationship with the importer or end‑user of the regulated waste paper and cardboard at the time the regulated waste paper and cardboard is exported.
(3) If the holder of the licence is not the supplier of the regulated waste paper and cardboard intended for export under the licence, the holder must, at the time the regulated paper and cardboard is supplied, have a commercial relationship with the supplier.
(4) The holder of the licence must, for each consignment of regulated waste paper and cardboard exported on or after 1 July 2026 under the licence, ensure that the total weight of contaminants in the consignment does not exceed 5% of the total weight of the consignment.
11 Renewal of waste paper and cardboard export licence
Application for renewal of licence
(1) For the purposes of paragraph 38(4)(a) of the Act, an application for renewal of a waste paper and cardboard export licence must be made no later than:
(a) if the expiry date for the licence is on or before 1 July 2026—90 days before the expiry date of the licence; or
(b) in any other case—30 days before the expiry date of the licence.
Note: An application to renew a waste paper and cardboard export licence can only be made if there is an expiry date for the licence (see subsection 38(1) of the Act). Some licences remain in force until the happening of a specified event (see paragraph 34(4)(a) of the Act).
(2) For the purposes of paragraph 172(1)(c) of the Act, an application for renewal of a waste paper and cardboard export licence must include the information mentioned in subsection 8(2) of this instrument if:
(a) the licence is being renewed for the purposes of carrying out the export of regulated waste paper and cardboard on or after 1 July 2026; and
(b) when making the application for grant of the licence that information was not included in the application.
Matters Minister must have regard to when deciding whether to renew licence
(3) For the purposes of paragraph 39(3)(f) of the Act, the Minister must have regard to the matters listed in subsection 9(2) of this instrument in deciding whether to renew a waste paper and cardboard export licence.
12 Deciding whether to vary a waste paper and cardboard export licence
For the purposes of paragraph 42(4)(e) of the Act, the Minister must have regard to the matters listed in subsection 9(2) of this instrument in deciding whether to vary a waste paper and cardboard export licence.
Note: Other matters to which the Minister must generally have regard are specified in paragraphs 42(4)(a) to (d) of the Act. The Minister may also have regard to any other matter that the Minister considers relevant (see subsection 42(6) of the Act).
13 Grounds for suspension of waste paper and cardboard export licence
For the purposes of paragraph 46(1)(i) of the Act, a ground for suspending a waste paper and cardboard export licence is that:
(a) the holder of the licence was required to comply with subsection 60(2) of the Act (requirement to provide additional or corrected information), in relation to:
(i) information included in an application for the grant, renewal or variation of the licence; or
(ii) information or a document given in relation to such an application; and
(b) the holder failed to comply with the requirement.
Note: Other grounds for suspending an export licence are specified in paragraphs 46(1)(a) to (h) of the Act.
14 Grounds for revocation of waste paper and cardboard export licence
For the purposes of paragraph 54(1)(i) of the Act, a ground for revoking a waste paper and cardboard export licence is that:
(a) the holder of the licence was required to comply with subsection 60(2) of the Act (requirement to provide additional or correct information), in relation to:
(i) information included in an application for the grant, renewal or variation of the licence; or
(ii) information or a document given in relation to such an application; and
(b) the holder failed to comply with the requirement.
Note: Other grounds for revoking an export licence are specified in paragraphs 54(1)(a) to (h) of the Act.
15 Holder of waste paper and cardboard export licence to notify the Minister of certain events
For the purposes of paragraph 61(1)(e) of the Act, the following are prescribed events for the holder of a waste paper and cardboard export licence:
(a) the holder ceases to operate the export business that carries out the export operations covered by the licence;
(b) a person who participates in the management or control of the export business that carries out the export operations covered by the licence ceases to have that role;
(c) the holder becomes aware of a discrepancy between the contaminants level reported in an export declaration for a consignment of regulated waste paper and cardboard exported under the licence and the contaminants level in the consignment determined by the importer or end‑user.
16 Directions to holders of waste paper and cardboard export licence
For the purposes of paragraph 64(3)(b) of the Act, the Minister must, in considering whether to give a direction under subsection 64(1) of the Act to the holder of a waste paper and cardboard export licence, have regard to the following:
(a) whether a condition of the licence has been contravened, or is likely to be contravened;
(b) whether the holder has not complied, or is likely not to comply, with a requirement of the Act;
(c) whether the regulated waste paper and cardboard covered by the licence does not comply, or is likely not to comply, with a requirement under the Act that applies in relation to the paper and cardboard.
Part 4—Exemptions
17 Revocation of exemption
For the purposes of paragraph 31(2)(b) of the Act, the Minister must, in considering whether to revoke an exemption in relation to regulated waste paper and cardboard, have regard to whether the holder of the exemption has contravened or is contravening a condition of the exemption.
Part 5—Record‑keeping
18 Purpose of Part
This Part is made for the purposes of subsection 142(1) of the Act.
19 Making and retaining records
(1) The holder of a waste paper and cardboard export licence must make and retain the following records:
(a) for each consignment of regulated waste paper and cardboard that is exported under the licence:
(i) the export declaration made for the consignment; and
(ii) evidence supporting the matters stated in the export declaration; and
(iii) photographs of the paper and cardboard in the consignment, and of the consignment once packed for export, that have sufficient resolution, brightness and contrast to show the consignment clearly and that are time and date stamped;
(b) a copy of the receipt for payment for the consignment issued by the holder to the importer or end‑user of the consignment;
(c) each other document, made by the holder or that comes into the holder’s possession, that is relevant to showing whether the holder has complied or is complying with the applicable requirements of the Act.
(2) The holder of the waste paper and cardboard export licence must retain each record for at least 5 years beginning on the day the record is made by the holder or comes into the holder’s possession (as the case may be).
(3) A record that is required to be retained under this section must be:
(a) subject to subsection (4)—in English; and
(b) dated, with the date that the document was made by the holder or came into the holder’s possession; and
(c) for a document made by the holder—accurate and legible; and
(d) able to be audited.
(4) If the record is not in English, the holder of the waste paper and cardboard export licence must obtain (as soon as practicable after the record is made by the holder or comes into the holder’s possession) and retain a translation of the record into English.
20 Records must not be altered or defaced during retention period
(1) A record that is required to be retained by the holder of a waste paper and cardboard export licence under section 19 must not be altered or defaced during the period of 5 years (the retention period) in which it is required to be retained.
(2) However, subsection (1) does not prevent notations or markings being made on the record in accordance with ordinary practice.
(3) If, during the retention period, notations or markings are made on the record in accordance with ordinary practice, the licence holder must also retain, during the retention period:
(a) if reasonably practicable—a copy of the original record without notations or markings; and
(b) copies of the record that show how the record has changed over time.
Part 6—Other matters
21 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
(1) For the purposes of section 181 of the Act, subsection (2) of this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of any of the following provisions (a relevant provision) of the Act in relation to a waste paper and cardboard export licence:
(a) paragraph 34(2)(c) (grant of export licence);
(b) paragraph 39(3)(c) (renewal of export licence);
(c) paragraph 42(4)(b) (variation of export licence).
(2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:
(a) the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability; and
(b) the undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and
(c) the Minister has accepted the undertaking and has not revoked the acceptance.
(3) For the purposes of paragraph (2)(c), the Minister must not accept an undertaking unless the Minister has considered the following matters:
(a) the financial position of the person who gave the undertaking;
(b) the nature and likely cost of the export operations to which a decision under the relevant provision relates;
(c) whether the person who gave the undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in paragraph (b) of this subsection.
The Minister may also consider any other matter that the Minister considers relevant.