1Citation
These Regulations may be cited as the Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
This instrument was not passed as a bill, so it has no explanatory memorandum or second reading speech.
These Regulations may be cited as the Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011.
In these Regulations:
cordial means concentrated syrup that:
(a) contains the following ingredients (whether or not it also contains other ingredients):
water;
a sweetener (whether natural or artificial);
(iii) colouring or flavouring, or both (whether natural or artificial); and
is intended to be diluted before consumption.
health tonic means a liquid:
(a) included in the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 (Cth); and
supplied with a label or other accompanying document stating:
the liquid is for medicinal purposes; and
a recommended maximum dosage.
infringement notice, for Part 3, see regulation 8.
infringement notice offence, for Part 3, see regulation 7(1).
prescribed amount, for Part 3, see regulation 7(2).
For the definition refund amount in section 4 of the
Act, the refund amount for a permitted container is $0.10.
(1) For the definition approved refund marking in section 4 of the Act, an approved refund marking for a regulated container is a mark or label that clearly and legibly states:
"10c refund at collection depots when sold in NT"; or
(b) "10c refund at SA/NT collection depots in State/Territory of purchase"; or
(c) "10c refund at collection depots/points in participating State/Territory of purchase".
Note for subregulation (1)(c)
The 10c refund is payable only by an operator of an approved collection depot. The approved refund marking mentions "collection points" because that term is used instead of "collection depots" in New South Wales.
(2) However, for subregulation (1)(a), it is irrelevant if the marking reads "Northern Territory" instead of "NT".
For section 7(2) of the Act, each of the following liquids is not a beverage:
(a) concentrated fruit or vegetable juice, or a mixture of concentrated fruit and vegetable juices, intended to be diluted before consumption;
a health tonic;
cordial.
For section 9 of the Act, the CDS does not apply to containers used for containing more than 3 L of beverage.
(1) This regulation applies to the operator of a collection depot if:
the collection depot is a reverse vending machine; and
(b) under the collection approval for the machine, the operator is authorised to pay refund amounts from the machine in the way provided in this regulation.
(2) For section 19(3) of the Act, a refund amount may be paid to the person delivering the container:
(a) by issuing to the person a redeemable voucher for the refund amount; or
(b) by crediting the refund amount to a recognised account nominated by the person.
(3) Subregulation (2) has effect subject to any conditions imposed on the collection approval for the reverse vending machine that limit the way in which the operator may pay refund amounts.
In this regulation:
recognised account means:
an account at a bank or other ADI; or
(b) an account with a provider of goods or services, the balance of which may be withdrawn as cash.
Example for definition recognised account, paragraph (b)
An account with a retailer accessible through the use of a swipe card that is issued by the retailer and swiped through the reverse vending machine when the container is deposited to credit the refund amount to the account.
redeemable voucher means a voucher that may be redeemed for the refund amount in cash (whether or not it may instead be redeemed as payment for goods or services).
For section 24C(c) of the Act, the prescribed number of material types is 9.
For section 44(1) of the Act, 1 September in each year is prescribed.
The Australian Standard for the definition biodegradable bag in section 52 of the Act is AS 4736–2006 (Biodegradable plastics –Biodegradable plastics suitable for composting and other microbial treatment).
For the definition prohibition day in section 53(2) of the Act, 1 September 2011 is prescribed.
(1) For section 56(1)(b) of the Act, the retailer must display, in a prominent position at each place in the premises where the retailer makes a prohibited plastic bag available, a notice that:
(a) subject to subregulation (2), is not less than 95 mm in height and 150 mm in width; and
includes the following statement in legible letters:
The Territory Government is banning the supply of lightweight, single use, non-biodegradable plastic bags from 1 September 2011. Alternative bags are available from this retail outlet.
(2) The requirement in subregulation (1)(a) does not apply to a notice in electronic form.
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