Environmental Protection (NEPM-UPM) Regulations 2013

A brand owner to which this Part applies must prepare and submit an action plan to the CEO —

within 6 months of the commencement of these regulations or within 6 months of becoming a brand owner to which this Part applies, whichever is the later; or

within 2 months of being required under regulation 8(2) to prepare and submit an action plan.

A person who commits an offence under subregulation (1) is guilty of a separate and further offence in respect of each month after the day of conviction during which the failure to prepare and submit an action plan continues and is liable in respect of each separate and further offence to a penalty of $5 000.

The action plan must contain the following information —

how the brand owner intends to ensure that consumer packaging in which the brand owner’s products are sold (owner’s packaging), or consumer packaging that is substantially similar to the owner’s packaging, is —

recovered; and

reused, recycled or used for energy recovery;

the quantity of each type of consumer packaging to be —

recovered; and

reused, recycled or used for energy recovery;

the recovery rate for each type of consumer packaging to be recovered;

how the brand owner intends to inform the public of the way in which the consumer packaging may be recovered.

The recovery rate referred to in subregulation (3)(c) must be at least equivalent to the recovery rate for that particular type of consumer packaging specified in regulation 9.

The action plan must state —

that all consumer packaging to be recovered by or for the brand owner will be reused, recycled or used for energy recovery in the following order (the preferred order) —

for reuse in the packaging of the brand owner’s own products;

for use within the State as a secondary resource;

for use within Australia as a secondary resource;

for export as a secondary resource;

if the brand owner considers it will be impracticable to reuse, recycle or use for energy recovery the materials in the preferred order —

reasons why the brand owner considers the preferred order impracticable; and

the order in which the materials will be reused, recycled or used for energy recovery.

A brand owner to which this Part applies must —

prepare, maintain and implement an action plan; and

comply with the plan.