Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019

regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

the rest of the regulations — when the Waste Avoidance and Resource Recovery Amendment (Container Deposit) Act 2019 section 6 comes into operation.

In these regulations —

a Saturday or Sunday; or

a public holiday throughout the State;

the network of refund points within the State; and

the arrangements for the transport of containers from refund points; and

the processing facilities that prepare containers for recycling;

regulation 10(4);

regulation 11;

regulation 12(3);

In these regulations, a beverage product is an approved beverage product if a container approval that applies to the beverage product is in force.

In these regulations —

an amount has been claimed or attempted to be claimed under a material recovery agreement for a container if the container is included in a quantity of containers for which an amount has been claimed or attempted to be claimed; and

an amount has been paid under a material recovery agreement for a container if the container is included in a quantity of containers for which an amount has been paid.

For the purposes of the definition of corresponding law in section 47C(1) of the Act, each of the following laws is prescribed to be a law corresponding to the Act —

the Environment Protection Act 1993 (South Australia) and any regulations made under that Act;

the Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (Northern Territory) and any regulations made under that Act;

the Waste Avoidance and Resource Recovery Act 2001 (New South Wales) and any regulations made under that Act;

the Waste Management and Resource Recovery Act 2016 (Australian Capital Territory) and any regulations made under that Act;

the Waste Reduction and Recycling Act 2011 (Queensland) and any regulations made under that Act.

For the purposes of the definition of material recovery facility in section 47C(1) of the Act, a facility or other place operated by a person for the purposes of carrying on a bottle crushing service business (not being premises where a bottle crushing machine is periodically or permanently installed for crushing containers sold at those premises) is prescribed to be a material recovery facility.

For the purposes of the definition of minor beverage supplier in section 47U(1) of the Act —

a beverage supplier (a small beverage supplier) who is likely to supply in the State at least 150 000 but less than 300 000 beverage products in a financial year is a minor beverage supplier for that financial year; and

a beverage supplier (a micro beverage supplier) who is likely to supply in the State less than 150 000 beverage products in a financial year is a minor beverage supplier for that financial year.

For the purposes of the definition of refund point in section 47C(1) of the Act, a reverse vending machine is prescribed to be a refund point.

If a term has a meaning in section 47C of the Act, it has the same meaning in these regulations.

In this regulation, a thing is a spiritous liquor if the thing is —

any of the following —

a liqueur;

an alcoholic liquid that is intended for human consumption by drinking and produced by distillation;

a mixture of both the things referred to in subparagraphs (i) and (ii);

not mixed with anything other than a thing referred to in paragraph (a)(i) or (ii).

In this regulation, a thing is wine if the thing is —

a liquid that is intended for human consumption by drinking and produced by fermentation of grapes (whether or not it is mixed with any other grape product); and

not mixed with anything other than —

a grape product; or

a spiritous liquor.

For the purposes of paragraph (b) of the definition of beverage in section 47C(1) of the Act —

all things that are spiritous liquor are in a class of things prescribed to be a beverage; and

all things that are wine, regardless of the variety, vintage or blend of the wine, are in a class of things prescribed to be a beverage.

In this regulation —

any liquid milk product (including any substance in the nature of milk produced from milk concentrate or milk powder), other than a fermented milk product; and

any plant‑based milk substitute;

included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Commonwealth) section 9A; and

supplied with a label or other accompanying document specifying —

that the liquid is for medicinal purposes; and

a recommended maximum dosage;

the main ingredient of which is sugar or a sugar derivative; and

that is intended for use as an ingredient, topping, flavouring or sweetener to enhance —

other liquids that are intended for human consumption by drinking such as coffee or tea; or

foods such as desserts;

that may or may not be intended to be diluted before consumption.

For the purposes of the definition of syrup in subregulation (1), cordial is not syrup.

For the purposes of the definition of beverage in section 47C(1) of the Act, each of the following things is prescribed not to be a beverage —

milk, other than flavoured milk;

food for special medical purposes;

syrup;

a registered health tonic.

In this regulation —

that is inorganic and non‑metallic; and

made up of metal compounds and non‑metal compounds; and

that has been shaped and hardened by heat;

filled with a beverage and sealed; and

once the beverage has been consumed, returned to the person from whom the beverage was purchased for re‑filling and re‑sealing;

is designed to contain between 150 mL and 3 L (inclusive) of a beverage; and

can be sealed on demand at the site at which it is sold; and

is designed to be non‑reusable.

For the purposes of the definition of container in section 47C(1) of the Act, a sealable aluminium can is prescribed to be a container.

For the purposes of the definition of container in section 47C(1) of the Act, each of the following things is prescribed not to be a container —

a vessel designed to contain less than 150 mL of beverage;

a vessel designed to contain more than 3 L of beverage;

a vessel made wholly or partly of —

biodegradable plastic as defined in the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 regulation 3; or

degradable plastic as defined in the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 regulation 3; or

polylactic acid (PLA); or

polybutylene succinate (PBS); or

polyvinyl chloride (PVC); or

ceramic;

a growler.

In this regulation —

as a substitute for sand or aggregate in the construction of roads, asphalt or concrete; or

as a substitute for sand for bedding of pipework or cables; or

as a bedding for slab and footpath construction; or

as abrasive blast material; or

for water purification or drainage.

For the purposes of the definition of prohibited manner in section 47C(1) of the Act, disposing of a container by burning or incinerating the container is prescribed to be a prohibited manner.

For the purposes of the definition of prohibited manner in section 47C(1) of the Act, each of the following manners of disposal is prescribed not to be a prohibited manner —

disposing of a glass container by processed disposal;

disposing of a container by processing the container and using the output material for a purpose approved by the CEO.

For the purposes of the definition of refund point operator in section 47C(1) of the Act, each of the following persons is prescribed to be a refund point operator —

a person who owns a reverse vending machine, unless the reverse vending machine has been leased or hired to another person;

a person who leases or hires a reverse vending machine from the owner of the reverse vending machine.

For the purposes of the definition of refund point operator in section 47C(1) of the Act, a person who merely uses a reverse vending machine (and is not also a person prescribed under subregulation (1) or the operator of a refund point that is not a reverse vending machine) is not a refund point operator.

This regulation applies if a person (the contract bottler) is engaged under a contract to make beverage products or fill containers with a beverage for another person (the contract counterparty), in circumstances where the beverage products are manufactured solely for the contract counterparty.

If the contract bottler and the contract counterparty do not expect that the contract bottler will make more than 300 000 beverage products (or fill more than 300 000 containers) for the contract counterparty in a financial year, the contract bottler and the contract counterparty may enter into an agreement under which the contract bottler agrees that it is the first responsible supplier of the beverage products (a first supplier agreement).

For the purposes of section 47D of the Act, if the contract bottler and the contract counterparty have entered into a first supplier agreement, then, in relation to the first 300 000 beverage products the contract bottler makes (or the first 300 000 beverage products consisting of containers the contract bottler fills) for the contract counterparty in each financial year, the contract bottler is taken to be the first responsible supplier and the contract counterparty is taken not to be the first responsible supplier.

Subregulation (3) does not apply unless the contract bottler has —

provided a copy of the first supplier agreement to the Coordinator; and

if the first supplier agreement is amended — provided a copy of the amended agreement to the Coordinator.

The contract bottler must notify the Coordinator if the first supplier agreement ceases to be in force.

A bulk claim arrangement (bale) is an arrangement in writing between a person and a refund point operator —

under which the refund point operator agrees to accept claims for refund amounts for bulk quantities of empty containers that are in bales from the person; and

that states the person’s obligations under the arrangement in relation to claiming the refund amounts and delivering empty containers to the refund point; and

under which the person warrants the matters referred to in subregulation (2) in relation to the containers delivered under the arrangement.

The matters are the following —

the relevant beverage product for each container will be an approved beverage product;

all of the containers will be —

containers that were collected in the State for the purpose of claiming a refund amount under the scheme; and

in the case of transitioned containers (as defined in regulation 42(1)) — containers that were first supplied in the State on or after 1 July 2026; and

in the case of containers other than transitioned containers — containers that were first supplied in the State on or after 1 October 2020;

the bales will not contain any container that —

is not a whole container; or

is a contaminated container (as defined in regulation 4C(1)); or

is a container for which a refund amount has already been paid; or

has been collected or received by an MRF operator in its capacity as an MRF operator; or

has been collected pursuant to an agreement to collect the container and deliver it to an MRF operator;

the bales will not consist of any material other than containers;

the bales will be compressed in such a way that the refund point operator will be reasonably able to separate the containers from each other for counting.