Preliminary

sec.1 Short title

This regulation may be cited as the Waste Reduction and Recycling Regulation 2023 .

sec.2 Commencement

Parts 5 and 6 commence on 1 September 2023.

sec.3 Definitions

The dictionary in schedule 13 defines particular words used in this regulation.

Regulated waste

sec.4 Regulated waste— Act , sch 1

For 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.

Designation of areas by local governments for general or green waste collection

sec.5 Designation of areas

A local government may— 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 decide the frequency of the collection of general waste or green waste in the designated areas. See 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.

• (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
• (b) decide the frequency of the collection of general waste or green waste in the designated areas.

Waste levy

Identifying exempt waste

sec.6 Types of exempt waste for definition waste disposal site — Act , s 8A

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. This subsection and subsection (1) (c) expire on 30 June 2029. s 6 amd 2025 SL No. 42 s 53 ; 2025 SL No. 154 s 16 prev (1)(c), (2) exp 30 June 2024 (see prev s 6(2)) pres (1)(c), (2) exp 30 June 2029 (see pres s 6(2)) (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. (sec.6-ssec.2) This subsection and subsection (1) (c) expire on 30 June 2029.

• (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;
• (b) waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3;
• (c) alum sludge or other residuals produced as a result of a drinking water treatment process;
• (d) coal power station ash.

sec.7 Guideline for treatment of particular dredge spoil— Act , s 26 , definition exempt waste

For 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.

sec.8 Exempt waste— Act , s 26

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. This subsection and subsection (1) (c) expire on 30 June 2029. This subsection and subsection (1) (d) expire on 30 June 2030. 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 . s 8 amd 2023 SL No. 188 s 3 ; 2024 SL No. 111 s 3 ; 2025 SL No. 154 s 17 (1)(c), (2) exp 30 June 2029 (see s 8(2)) (1)(d), (3) exp 30 June 2030 (see s 8(3)) (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. (sec.8-ssec.2) This subsection and subsection (1) (c) expire on 30 June 2029. (sec.8-ssec.3) This subsection and subsection (1) (d) expire on 30 June 2030. (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 .

• (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;
• (b) waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4 .3;
• (c) alum sludge or other residuals produced as a result of a drinking water treatment process;
• (d) waste generated in Norfolk Island and imported by the Norfolk Island Regional Council into Queensland;
• (e) coal power station ash;
• (f) residue waste from— (i) a glass beneficiation plant; or (ii) a material recovery facility.
• (i) a glass beneficiation plant; or
• (ii) a material recovery facility.
• (i) a glass beneficiation plant; or
• (ii) a material recovery facility.

Refusing exempt waste applications

sec.9 Purpose of division

For section 30 (3) of the Act , this division prescribes the circumstances in which the chief executive must refuse an exempt waste application.

sec.10 Earth contaminated with hazardous contaminant

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. 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. 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. (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. (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. (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.

• (a) the earth was contaminated before 1 January 1992; or
• (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
• (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.
• (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.
• (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.
• (a) is contaminated solely with petroleum hydrocarbons; or
• (b) contains only contaminants that can reasonably be treated by bioremediation and made suitable for any use.
• (a) a project that serves an essential need of the community; and Examples— school, sporting field
• (b) a project that significantly improves the community’s access to services. Examples— hospital, museum, State or local government library

sec.11 Waste to be used at levyable waste disposal site

The 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— the waste is needed to carry out the purpose; and sufficient exempt waste that could be used for the purpose is not otherwise likely to be delivered to the site.

• (a) the waste is needed to carry out the purpose; and
• (b) sufficient exempt waste that could be used for the purpose is not otherwise likely to be delivered to the site.

Operation of waste levy

sec.12 Definitions for division

In this division— indexation 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. level 1 rate see section 13 . level 2 rate see section 14 .

sec.13 Meaning of level 1 rate

The level 1 rate for a type of waste stated in schedule 1 , table 1 is— 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 for a later financial year, the rate worked out by— 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 increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and rounding the result down to the nearest whole dollar.

• (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
• (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.
• (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.
• (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.

sec.14 Meaning of level 2 rate

The level 2 rate for a type of waste stated in schedule 1 , table 2 is— for the 2023–2024 financial year—the rate stated in schedule 1 , table 2 opposite the type of waste for the financial year; or for a later financial year, the rate worked out by— 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 increasing the rate identified under subparagraph (i) by the indexation rate for the later financial year; and rounding the result down to the nearest whole dollar.

• (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
• (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.
• (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.
• (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.

sec.15 Rate of waste levy for waste levy zone— Act , s 37

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. 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. 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 . (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. (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. (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 .

• (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
• (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.
• (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.
• (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.
• (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
• (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 .

sec.16 Rate of waste levy for non-levy zone— Act , s 37

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. 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. s 16 amd 2023 SL No. 188 s 4 (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. (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.

• (a) is delivered to a levyable waste disposal site in the non-levy zone; and
• (b) was generated outside the non-levy zone.
• (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
• (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.
• (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.
• (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.

sec.17 Requirements for calculating amount of waste levy— Act , s 37

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. 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. 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. (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. (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. (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.

sec.18 Local government areas making up waste levy zone— Act , s 43

For section 43 (1) of the Act , the local government areas identified in schedule 2 make up the waste levy zone.

Discounting waste levy for residue waste

sec.19 Definitions for division

In this division— performance history , of a person conducting a recycling activity, means the person’s documented history of conducting the activity. recycling efficiency see section 47 (5) of the Act . recycling efficiency threshold , for a recycling activity, means the greater of— a recycling efficiency of 60% for the recycling activity; or 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.

• (a) a recycling efficiency of 60% for the recycling activity; or
• (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.

sec.20 Recycling activities for residue waste discounting applications— Act , s 44

For section 44 (1) of the Act , the recycling activities stated in schedule 3 are prescribed.

sec.21 Discounted rate for waste levy for residue waste— Act , s 44

For 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. See sections 15 and 16 for the rate of the waste levy for each type of levyable waste.

sec.22 Criteria for deciding residue waste discounting applications— Act , s 46

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. 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 . (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. (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 .

• (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;
• (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
• (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;
• (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;
• (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;
• (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;
• (i) establish or sustain resource recovery in Queensland; and
• (ii) contribute to the Queensland economy;
• (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;
• (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.
• (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
• (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;
• (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
• (i) establish or sustain resource recovery in Queensland; and
• (ii) contribute to the Queensland economy;

sec.23 Circumstances for refusing residue waste discounting applications— Act , s 46

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. 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. 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. (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. (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. (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.

• (a) the applicant is achieving the recycling efficiency threshold for the recycling activity; or
• (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.
• (a) it is not reasonably practicable for the applicant to achieve the recycling efficiency threshold for the recycling activity; but
• (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.

sec.24 Conditions to which approvals of residue waste discounting applications are subject— Act , s 47

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) . 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) . 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. (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) . (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) . (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.

• (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;
• (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) .
• (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;
• (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;
• (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;
• (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) .
• (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) .
• (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;
• (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) .
• (a) the period starting on 1 January and ending on 30 June;
• (b) the period starting on 1 July and ending on 31 December.

Other provisions

sec.25 Weight measurement criteria for measuring waste or other material other than by weighbridge— Act , s 26

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 . 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) . 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. 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. 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. 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) . s 25 amd 2025 SL No. 42 s 54 (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 . (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) . (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. (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. (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. (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) .

• (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
• (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.
• (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.
• (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.
• (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.
• 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.
• (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) .
• 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.

sec.26 Annual payments to local governments— Act , s 73DA

For 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— for the financial year starting on 1 July 2023—the amount stated in schedule 5 , column 2 opposite the local government; for the financial year starting on 1 July 2024—the amount stated in schedule 5 , column 3 opposite the local government; for the financial year starting on 1 July 2025—the amount stated in schedule 5 , column 4 opposite the local government; for the financial year starting on 1 July 2026—the amount stated in schedule 5 , column 5 opposite the local government. s 26 amd 2024 SL No. 111 s 4

• (a) for the financial year starting on 1 July 2023—the amount stated in schedule 5 , column 2 opposite the local government;
• (b) for the financial year starting on 1 July 2024—the amount stated in schedule 5 , column 3 opposite the local government;
• (c) for the financial year starting on 1 July 2025—the amount stated in schedule 5 , column 4 opposite the local government;
• (d) for the financial year starting on 1 July 2026—the amount stated in schedule 5 , column 5 opposite the local government.

sec.27 Day for reviewing particular matters in relation to waste levy— Act , s 271

For section 271 (2) (g) of the Act , the day prescribed is 30 June 2026.

Banned plastic shopping bags

sec.28 Banned plastic shopping bags— Act , s 99B

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. 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. s 28 amd 2025 SL No. 154 s 18 (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. (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.

• (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
• (b) for a carry bag made of non-compostable plastic—the carry bag contains less than 80% recycled plastic content; and
• (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.

Plastic items

sec.29 Banned single-use plastic items— Act , s 99GC

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 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 (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 (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

• (a) a banned cotton bud;
• (b) a banned rinsable product;
• (c) loose-fill packaging material made, in whole or part, of expanded polystyrene (EPS). Example for paragraph (c) — packing peanuts
• (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
• (i) contains plastic microbeads; and
• (ii) is intended to be rinsed or washed off immediately or shortly after use; or
• (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
• (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
• (i) contains plastic microbeads; and
• (ii) is intended to be rinsed or washed off immediately or shortly after use; or
• (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

Beverage container refund scheme

Prescribed matters for definitions

sec.30 Refund amount— Act , s 99K

For section 99K of the Act , definition refund amount , the amount prescribed as the refund amount is 10c.

sec.31 Requirements for refund marking— Act , s 99K

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. In this section— participating State means Queensland or a corresponding jurisdiction. (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. (sec.31-ssec.2) In this section— participating State means Queensland or a corresponding jurisdiction.

• (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;
• (i) the refund amount; and
• (ii) that the refund amount may be claimed at a container refund point, however described, in a participating State;
• (b) the marking or labelling must be of a colour and size that is clear and legible for the container.
• (i) the refund amount; and
• (ii) that the refund amount may be claimed at a container refund point, however described, in a participating State;

sec.32 Excluded liquids— Act , s 99L

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. 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 (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. (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

• (a) milk;
• (b) cordial intended to be diluted before being consumed;
• (c) concentrated fruit juice, or vegetable juice, intended to be diluted before being consumed;
• (d) a health tonic;
• (e) a syrup.
• (a) a liquid included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Cwlth) , section 9A ; or
• (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.
• (i) that the liquid is for medicinal purposes; and
• (ii) a recommended maximum dose of the liquid.
• (i) that the liquid is for medicinal purposes; and
• (ii) a recommended maximum dose of the liquid.
• (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
• (i) flavoured milk;
• (ii) a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and
• (b) a plant-based milk substitute. Examples for paragraph (b) — almond milk, soy milk
• (i) flavoured milk;
• (ii) a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and

sec.33 Excluded containers— Act , s 99M

For section 99M (2) of the Act , each of the following containers is prescribed to not be a container— a container made to contain less than 150ml, or more than 3L, of a beverage; a container made to contain 1L or more of— flavoured milk; or a beverage that is at least 90% fruit juice or vegetable juice; a container that— is made of cardboard and either plastic or foil, or both (commonly known as a cask or aseptic packaging); and is made to contain 1L or more of— wine; or a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or water; a container that— is made of plastic or foil, or both (commonly known as a sachet); and is made to contain 250ml or more of wine.

• (a) a container made to contain less than 150ml, or more than 3L, of a beverage;
• (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;
• (i) flavoured milk; or
• (ii) a beverage that is at least 90% fruit juice or vegetable juice;
• (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;
• (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;
• (A) wine; or
• (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or
• (C) water;
• (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.
• (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.
• (i) flavoured milk; or
• (ii) a beverage that is at least 90% fruit juice or vegetable juice;
• (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;
• (A) wine; or
• (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or
• (C) water;
• (A) wine; or
• (B) a wine-based beverage that contains ethyl alcohol (ethanol) of at least 10% by volume; or
• (C) water;
• (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.

Sale of beverages in containers

sec.34 Other matters for container recovery agreements— Act , s 99Q

For section 99Q (4) (f) of the Act , the other matters prescribed for a container recovery agreement are— the effect of a breach of the agreement by either party to the agreement; and a process for managing a breach mentioned in paragraph (a) and its effect; and a process for either party to the agreement to end the agreement.

• (a) the effect of a breach of the agreement by either party to the agreement; and
• (b) a process for managing a breach mentioned in paragraph (a) and its effect; and
• (c) a process for either party to the agreement to end the agreement.

sec.35 Standard terms for container recovery agreements— Act , s 99Q

For section 99Q (5) of the Act — 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 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 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.

• (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
• (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
• (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.

sec.36 Small beverage manufacturer— Act , s 99R

For 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.

Refund amounts for empty containers

sec.37 Bulk quantity for refund declaration— Act , s 99T

For section 99T (4) of the Act , definition bulk quantity , the quantity of containers prescribed is at least 1,500.

Container collection agreements

sec.38 Other matters for container collection agreements— Act , s 99ZA

For section 99ZA (1) (i) of the Act , the other matters prescribed for a container collection agreement are— the effect of a breach of the agreement by either party to the agreement; and a process for managing a breach mentioned in paragraph (a) and its effect; and a process for either party to the agreement to end the agreement.

• (a) the effect of a breach of the agreement by either party to the agreement; and
• (b) a process for managing a breach mentioned in paragraph (a) and its effect; and
• (c) a process for either party to the agreement to end the agreement.

sec.39 Standard terms for particular container collection agreements— Act , s 99ZA

For section 99ZA (2) of the Act , the standard terms stated in schedule 7 are prescribed for a container collection agreement between— the Organisation; and the operator of 2 or more container refund points under the agreement.

• (a) the Organisation; and
• (b) the operator of 2 or more container refund points under the agreement.

Material recovery facilities

sec.40 Excluded facilities and places— Act , s 99ZE

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. 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 (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. (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

• (a) a waste transfer station;
• (b) a waste facility;
• (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.
• (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.
• (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.
• (a) sorting or consolidating waste; and
• (b) temporarily storing the waste before moving it from the site where the sorting or consolidation of the waste is carried out.

sec.41 Other matters for material recovery agreements— Act , s 99ZF

For section 99ZF (2) (h) of the Act , the other matters prescribed for a material recovery agreement are— the effect of a breach of the agreement by either party to the agreement; and a process for managing a breach mentioned in paragraph (a) and its effect; and a process for either party to the agreement to end the agreement.

• (a) the effect of a breach of the agreement by either party to the agreement; and
• (b) a process for managing a breach mentioned in paragraph (a) and its effect; and
• (c) a process for either party to the agreement to end the agreement.

sec.42 Standard terms for material recovery agreements— Act , s 99ZF

For section 99ZF (3) of the Act — 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 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— 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 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.

• (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
• (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.
• (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.
• (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.

sec.43 Review of recovery amount protocol— Act , s 99ZK

For 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.

Outcomes for Product Responsibility Organisation

sec.44 Purpose of part— Act , s 102ZF

For section 102ZF (1) of the Act , this part prescribes the outcomes to be achieved by the Organisation.

sec.45 Container recovery rates

The Organisation is to achieve a container recovery rate of at least 85% for each financial year. 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. (sec.45-ssec.1) The Organisation is to achieve a container recovery rate of at least 85% for each financial year. (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.

sec.46 Container refund points

The Organisation is to ensure at least 307 container refund points are operating for each financial year.

Strategic planning for waste reduction and recycling

sec.47 Compliance with waste reduction and recycling plan obligations— Act , ss 123 , 133 and 141

For sections 123 (1) , 133 (1) and 141 (4) of the Act , the day prescribed is 30 June 2015.

Reporting on waste recovery and disposal

sec.48 Waste threshold for reporting entities— Act , s 150

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. 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. (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. (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.

Management of polychlorinated biphenyls (PCBs)

Preliminary

sec.49 Definitions for part

In this part— concentrated PCB material means scheduled PCB material that— contains at least 50g of PCBs; and has a concentration of PCBs in the material of at least 100,000mg/kg. diluent 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. licensed 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. licensed 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. PCB means a polychlorinated biphenyl. PCB-free — in relation to material—see section 50 (1) ; or in relation to equipment—see section 50 (2) . PCB material means— PCBs that are not in a diluent; or PCBs in a diluent in a concentration of at least 2mg/kg. PCB waste means waste that is PCB material. relevant authority means— in relation to a facility in Queensland— a development condition of a development approval; or an environmental authority; or in relation to a facility in another State—a licence, approval or other authority given under a law of that State. scheduled PCB material means PCB material that— contains at least 50g of PCBs; and has a concentration of PCBs in the material of at least 50mg/kg.

• (a) contains at least 50g of PCBs; and
• (b) has a concentration of PCBs in the material of at least 100,000mg/kg.
• (a) in relation to material—see section 50 (1) ; or
• (b) in relation to equipment—see section 50 (2) .
• (a) PCBs that are not in a diluent; or
• (b) PCBs in a diluent in a concentration of at least 2mg/kg.
• (a) in relation to a facility in Queensland— (i) a development condition of a development approval; or (ii) an environmental authority; or
• (i) a development condition of a development approval; or
• (ii) an environmental authority; or
• (b) in relation to a facility in another State—a licence, approval or other authority given under a law of that State.
• (i) a development condition of a development approval; or
• (ii) an environmental authority; or
• (a) contains at least 50g of PCBs; and
• (b) has a concentration of PCBs in the material of at least 50mg/kg.

sec.50 When material or equipment is PCB-free

Material is PCB-free if it is not PCB material. 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) . 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. In this section— PCB-contaminated metal , in equipment, means metal that normally comes into contact with PCB material when the equipment is used. (sec.50-ssec.1) Material is PCB-free if it is not PCB material. (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) . (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. (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.

• (a) there is no PCB material in the equipment; or
• (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) .
• (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) .
• (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) .
• (a) prepare guidelines for working out the coverage of PCBs on the surface area of PCB-contaminated metal; and
• (b) publish the guidelines on the department’s website.

Treatment of PCB material

sec.51 Treatment of PCB material only at licensed treatment facilities

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) . 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. (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) . (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.

• (a) removes PCB material from equipment; or
• (b) refills equipment containing PCB material for the purpose of the continued operation of the equipment.

Disposal of PCB waste

sec.52 Waste that is scheduled PCB material to be sent for treatment

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. 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 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. (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. (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 (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.

• (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
• (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
• (b) send the waste to a licensed treatment facility, for treatment, as soon as is practicable.
• (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

sec.53 Prohibition on disposing of particular PCB waste to landfill

A person must not dispose of either of the following types of PCB waste to landfill— PCB waste that is scheduled PCB material; PCB waste that is a liquid. Maximum penalty—20 penalty units.

• (a) PCB waste that is scheduled PCB material;
• (b) PCB waste that is a liquid.

Duties of occupier of premises with scheduled PCB material

sec.54 Application of division

This division applies to a person who occupies premises at which there is an amount of scheduled PCB material containing more than 10kg of PCBs.

sec.55 Notice to chief executive

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. 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. 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. (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. (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. (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.

• (a) the person’s name and address; and
• (b) the date of the notice; and
• (c) the prescribed information about the scheduled PCB material at the premises.
• (a) the person’s name and address; and
• (b) the date of the notice; and
• (c) the day the change happened; and
• (d) the particulars of the change.
• (a) the address of the premises;
• (b) where the material is located at the premises;
• (c) the amount of the material at the premises;
• (d) the amount and concentration of PCBs in the material.

sec.56 Emergency plans

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. 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. (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. (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.

• (a) prepare an emergency plan for the premises within 3 months after this division starts to apply to the person; and
• (b) keep the plan up to date.
• (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
• (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
• (b) procedures to minimise the risk of a relevant incident at the premises; and
• (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.
• (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.
• (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
• (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.

Equipment containing PCB material

sec.57 Use of equipment containing scheduled PCB material

A 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. Maximum penalty—20 penalty units.

sec.58 Use of equipment containing concentrated PCB material

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. Subsection (1) does not apply if an exemption for the equipment under section 59 is in effect. (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. (sec.58-ssec.2) Subsection (1) does not apply if an exemption for the equipment under section 59 is in effect.

sec.59 Exemption permitting use of equipment containing concentrated PCB material

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. The chief executive may ask the applicant to give the chief executive further information the chief executive reasonably requires to decide the application. The applicant must comply with a request made under subsection (2) . 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. An exemption may be given on reasonable conditions. The chief executive must give the applicant notice of the chief executive’s decision on the application on or before the due day. If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision. If the chief executive has not decided the application by the due day, the chief executive is taken to have refused the application. 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 . (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. (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. (sec.59-ssec.3) The applicant must comply with a request made under subsection (2) . (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. (sec.59-ssec.5) An exemption may be given on reasonable conditions. (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. (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. (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. (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 .

• (a) exempt equipment from the application of section 58 ; or
• (b) extend an exemption given under paragraph (a) for 1 or more further periods.
• (a) near a food processing facility, animal feedlot, school or hospital; or
• (b) in a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or
• (c) at another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material.
• (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
• (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
• (b) any later day agreed between the chief executive and the applicant.
• (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

sec.60 Dealing with equipment that is no longer used

This section applies to the owner of equipment that— has been removed from operational use; and contains PCB material. 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. 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) . 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. (sec.60-ssec.1) This section applies to the owner of equipment that— has been removed from operational use; and contains PCB material. (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. (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) . (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.

• (a) has been removed from operational use; and
• (b) contains PCB material.
• (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
• (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
• (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
• (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.
• (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.
• (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
• (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.

Management of clinical waste and related waste

sec.61 Segregation of clinical waste and related waste

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. 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. 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. (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. (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. (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.

• (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
• (i) animal waste;
• (ii) discarded sharps;
• (iii) human tissue waste;
• (iv) laboratory waste and associated waste directly resulting from the processing of specimens; and
• (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
• (i) chemical waste;
• (ii) waste constituted by, or contaminated with, cytotoxic drugs;
• (iii) human body parts;
• (iv) pharmaceutical waste;
• (v) radioactive waste; and
• (c) general 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
• (i) chemical waste;
• (ii) waste constituted by, or contaminated with, cytotoxic drugs;
• (iii) human body parts;
• (iv) pharmaceutical waste;
• (v) radioactive waste; and
• (a) an environmental authority;
• (b) a development condition of a development approval.

sec.62 Design requirements for containers for clinical waste and related waste

This section applies to a person who operates premises at which clinical waste or related waste is generated. 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. (sec.62-ssec.1) This section applies to a person who operates premises at which clinical waste or related waste is generated. (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.

• (a) is of the colour stated opposite in column 2 of the schedule; and
• (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
• (c) is identified with the text stated opposite in column 5 of the schedule.

sec.63 Restriction on giving clinical waste or related waste to another person for transport, storage, treatment or disposal

This section applies to a person who operates premises at which clinical waste or related waste is generated. 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. 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. (sec.63-ssec.1) This section applies to a person who operates premises at which clinical waste or related waste is generated. (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. (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.

sec.64 Disposal of needles and other sharps

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. 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. 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. 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. 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. (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. (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. (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. (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. (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.

• (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
• (b) who discards a hypodermic needle or other sharp at a place other than residential premises.
• (a) place the hypodermic needle or other sharp in a rigid-walled, puncture-resistant container; and
• (b) seal or securely close the container.
• (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
• (b) the ‘Australian Standard for Sharps injury protection - Requirements and test methods - Sharps containers: AS 23907:2023’ published by Standards Australia.

sec.65 Storage area for clinical waste and related waste

A person who operates premises at which clinical waste or related waste is generated— must set aside an area at the premises for storing the waste that is not accessible to— persons, other than persons authorised to enter the area by the person operating the premises; or animals; and must not store the waste anywhere other than the area set aside under paragraph (a) . Maximum penalty—20 penalty units.

• (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
• (i) persons, other than persons authorised to enter the area by the person operating the premises; or
• (ii) animals; and
• (b) must not store the waste anywhere other than the area set aside under paragraph (a) .
• (i) persons, other than persons authorised to enter the area by the person operating the premises; or
• (ii) animals; and

sec.66 Environmental nuisance not to be created

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. In this section— environmental nuisance see the Environmental Protection Act , section 15 . (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. (sec.66-ssec.2) In this section— environmental nuisance see the Environmental Protection Act , section 15 .

sec.67 Treatment and disposal of clinical waste and related waste

A 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 . Maximum penalty—20 penalty units.

Used packaging materials

Preliminary

sec.68 Purpose of part

The purpose of this part is to give effect to, and enforce compliance with, the measure.

sec.69 Definitions for part

In this part— brand owner means— 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 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 for a product that has been imported—the first person to sell the product in Australia; or for in-store packaging—the supplier of the packaging to the retailer; or 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. complying brand owner see section 70 . consumer 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. consumer packaging material see section 71 . covenant means the agreement called the ‘Australian Packaging Covenant’ made between governments and industry organisations to reduce the environmental impacts of consumer packaging. covenant 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 . distribution packaging means any packaging that contains multiples of products (the same or mixed) intended for direct consumer sale, including— secondary packaging used to secure or unitise multiples of consumer products, including, for example, cardboard boxes and shrink film overwrap; and tertiary packaging used to secure or unitise multiples of secondary packaging, including, for example, pallet wrapping stretch film, shrink film and strapping. free rider means a brand owner who— is part of the packaging chain; and is not a covenant signatory; and is not producing equivalent outcomes to those achieved through the covenant. kerbside recycling collection means roadside collection of domestic solid waste separated for recycling. measure 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. packaging chain means the linkages between materials suppliers, packaging manufacturers, packaging fillers, wholesalers, retailers and consumers of packaged products. plastic bag includes a single-use lightweight plastic carry bag containing virgin or recycled plastic. recover , in relation to consumer packaging material, means that the material— is re-used or recycled; or becomes a secondary resource. recovery rate , of a brand owner for a period, see section 72 . recycle , in relation to a product, means use the product as a raw material to produce another product. registered , in relation to a trade mark, means registered under the Trade Marks Act 1995 (Cwlth) . re-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. secondary resource means a resource used or to be used— to manufacture new consumer packaging, or another product, to replace raw or virgin materials; or for energy recovery. trade mark has the meaning given by the Trade Marks Act 1995 (Cwlth) .

• (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
• (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
• (c) for a product that has been imported—the first person to sell the product in Australia; or
• (d) for in-store packaging—the supplier of the packaging to the retailer; or
• (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.
• (a) secondary packaging used to secure or unitise multiples of consumer products, including, for example, cardboard boxes and shrink film overwrap; and
• (b) tertiary packaging used to secure or unitise multiples of secondary packaging, including, for example, pallet wrapping stretch film, shrink film and strapping.
• (a) is part of the packaging chain; and
• (b) is not a covenant signatory; and
• (c) is not producing equivalent outcomes to those achieved through the covenant.
• (a) is re-used or recycled; or
• (b) becomes a secondary resource.
• (a) to manufacture new consumer packaging, or another product, to replace raw or virgin materials; or
• (b) for energy recovery.

sec.70 Meaning of complying brand owner

A brand owner is a complying brand owner if— the brand owner is a covenant signatory and is complying with the covenant; or the brand owner is not a covenant signatory but 1 or more of the following apply— 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; the brand owner’s business has, in the most recent financial year, had a gross turnover of less than $5m; the brand owner does not use consumer packaging.

• (a) the brand owner is a covenant signatory and is complying with the covenant; or
• (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.
• (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.
• (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.

sec.71 Meaning of consumer packaging material

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. 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. (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. (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.

• (a) paper;
• (b) cardboard;
• (c) steel;
• (d) aluminium;
• (e) polyethylene terephthalate (PET) plastics;
• (f) high density polyethylene (HDPE) plastics;
• (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.
• (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.
• (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.
• (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
• (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
• (c) for any other brand owner—consumer packaging material sold in carrying on the brand owner’s business.

sec.72 Meaning of recovery rate

The 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— where— R means the brand owner’s recovery rate for a period. WR means the weight of the consumer packaging material recovered by or for the brand owner during the period. WS means the weight of the brand owner’s consumer packaging material sold in Australia during the period.

sec.73 Interpretation of words and expressions defined in the measure

Unless 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.

Obligations of particular brand owners

sec.74 Chief executive may give notice about brand owner’s obligations

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. 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. (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. (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.

• (a) the chief executive has decided under subsection (1) that the brand owner is not a complying brand owner; and
• (b) subdivision 2 applies to the brand owner.

sec.75 Application of subdivision

This subdivision applies to a brand owner if the brand owner has been given a notice under section 74 .

sec.76 Obligation in relation to recovery rate—financial year during which notice about obligations is given

This section applies in relation to a financial year during which the brand owner is given a notice under section 74 . 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. 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. (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 . (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. (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.

sec.77 Obligation in relation to recovery rate—other financial years

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 . The brand owner must achieve a recovery rate of at least 70% for the financial year. Maximum penalty—20 penalty units. 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. (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 . (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. (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.