Waste Reduction and Recycling Act 2011

A regulation—

may provide for the implementation and operation of a regulated product stewardship scheme for a priority product; or

may include provisions to facilitate the accreditation of a proposed voluntary product stewardship scheme, or the implementation and operation of an accredited product stewardship scheme or an approved program.

Without limiting subsection (1), the regulation may include any of the following—

the expected waste minimisation, treatment or disposal targets for the product the subject of the scheme or program and the required times for meeting the targets;

reporting and information requirements, including information to be provided to purchasers, users and handlers of the product the subject of the scheme or program;

if the regulation provides for the implementation and operation of a regulated product stewardship scheme—

the scheme manager for the scheme and the obligations of the scheme manager; and

the duration of the scheme;

if the regulation applies to a voluntary product stewardship scheme intended to be, but not yet, accredited—the period within which the application for accreditation is required to be made;

the period within which any person is required to commence complying with any of the requirements or duties imposed on the person under the regulation.

The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(a) for a priority product if—

there is currently an accredited product stewardship scheme for the product and it is expected that the scheme will still be in force after the regulation commences; or

the time limit, as stated in a scheme invitation in the priority statement as currently in force, for the submission for accreditation of a voluntary product stewardship scheme for the product has not yet elapsed.

The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) for a priority product only after considering the following—

whether an approved program is in existence for the product and whether the program is being appropriately implemented;

whether economic analysis supports the implementation of the proposed regulated product stewardship scheme;

whether there are any constitutional or other impediments to the State’s acting unilaterally in implementing a product stewardship scheme for the product.