Recycling and Waste Reduction Act 2020

The Minister must publish on the Department’s website, before the end of each financial year, a document (a Minister’s priority list) that sets out the following:

a list of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of regulation under this Act might be appropriate;

the reason (or reasons) why the Minister is proposing to give that consideration;

the actions that the Minister recommends be taken in relation to each listed product;

the times within which the Minister recommends the actions be taken.

For the purposes of paragraph (a), the Minister may consider whether to make rules under section 77 requiring specified persons to be members of an approved co‑regulatory arrangement in relation to a product. The Minister may also consider whether to make rules for the purposes of section 92 in relation to mandatory product stewardship.

In preparing a Minister’s priority list, the Minister must consult with:

each State and Territory; and

relevant Centres of Excellence (if any).

In preparing a Minister’s priority list, the Minister may consult with one or more of the following:

persons or organisations involved in, or advocating for, best practice in relation to the reuse, remanufacture, recycling and recovery of products, waste from products and waste material;

industry groups;

consumer groups;

environmental groups;

local government authorities;

any other person or organisation the Minister considers should be consulted.

In preparing a list of products for inclusion in a Minister’s priority list, the Minister must have regard to any relevant national waste policies or plans.

In preparing a list of products for inclusion in a Minister’s priority list, the Minister may have regard to any matter the Minister considers relevant, including:

whether any of the products has been included in a Minister’s priority list in a previous financial year and, if so, whether the actions recommended by the Minister were taken in relation to the product; and

whether the product stewardship criteria are satisfied in relation to the products; and

any information obtained from consultations under subsections (2) and (2A); and

whether one or more of the following apply in relation to the products:

reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;

consumers are willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of humans;

taking action to reduce that impact will offer business opportunities to make a contribution to the economy.

The Minister:

must, after the recommended time for each recommended action in relation to each listed product, review whether the recommended action has been taken in relation to the product; and

if the recommended action has not been taken in relation to the product within the recommended time—must:

make further recommendations in relation to the product; or

decide that some form of regulation under this Act is appropriate in relation to the product.