Waste Reduction and Recycling Act 2011Reprint noteThe text of schedule 2, part 2, item 24 was incorrect in an earlier version of this reprint.This version was corrected on 6 June 2023.Waste Reduction and Recycling Regulation 2011Part 1Preliminary1Short titleThis regulation may be cited as the Waste Reduction and Recycling Regulation 2011.2Commencement(1)The following provisions commence on 1 December 2011—(a)part 3, divisions 3, 4, 5, 6 and 7;(b)parts 4, 5 and 8;(c)schedules 4, 5, 6, and 9, parts 2 and 3.
(2)Schedule 9, part 1, commences on 2 December 2011.3DefinitionsThe dictionary in schedule 9 defines particular words used in this regulation.s 3 amd 2011 SL No. 231 s 49 sch 9 pt 14s 4 om 2013 SL No. 182 s 185s 5 om 2013 SL No. 182 s 18Part 2Types of wastept 2 hdg sub 2019 SL No. 33 s 46Regulated wasteFor the schedule of the Act, definition regulated waste, waste is regulated waste if it is regulated waste under the Environmental Protection Regulation 2019.s 6 amd 2013 SL No. 182 s 19sub 2019 SL No. 33 s 4amd 2019 SL No. 155 s 224Part 2ADesignation of areas by local governments for general or green waste collectionpt 2A hdg prev pt 2A hdg ins 2013 SL No. 182 s 20om 2019 SL No. 33 s 4pres pt 2A hdg ins 2019 SL No. 155 s 2267Designation of areasA local government may—(a)by resolution, designate areas within its local government area in which the local government may conduct general waste or green waste collection; and(b)decide the frequency of general waste or green waste collection in the designated areas.
Note—If a local government conducts general waste or green waste collection as a significant business activity, see the Local Government Act 2009, chapter 3, part 2, division 2 (Business reform, including competitive neutrality) and the City of Brisbane Act 2010, chapter 3, part 3, division 2 (Business reform, including competitive neutrality).s 7 ins 2019 SL No. 155 s 226Part 3Waste levypt 3 hdg sub 2013 SL No. 182 s 21; 2019 SL No. 33 s 4Division 1Identifying exempt wastept 3 div 1 hdg prev pt 3 div 1 hdg om 2012 SL No. 77 s 5pres pt 3 div 1 hdg ins 2013 SL No. 182 s 21sub 2019 SL No. 33 s 48Types of exempt waste—Act, s 8A, definition waste disposal site(1)For section 8A(2) of the Act, definition waste disposal site, each of the following types of exempt waste is prescribed for the definition—(a)waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4.2;(b)waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4.3;(c)until the end of 30 June 2024, alum sludge or other residuals produced as a result of a drinking water treatment process;(d)until the end of 30 June 2029, fly ash produced by a power station.
(2)In this section—guideline for water quality means the guideline called ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality, Volume 1, The Guidelines’ published by the Australian and New Zealand Environment and Conservation Council, as amended from time to time.s 8 orig s 7 om 2012 SL No. 77 s 4prev s 7 ins 2013 SL No. 182 s 20sub 2019 SL No. 33 s 4renum 2019 SL No. 155 s 2257As 7A ins 2014 SL No. 198 s 11amd 2016 SL No. 160 s 6; 2017 SL No. 97 s 6om 2018 SL No. 84 s 68AExempt waste—Act, s 26, definition exempt waste(1)For section 26 of the Act, definition exempt waste, paragraph (g)(i), waste is exempt waste if it is—(a)waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4.2; or(b)waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4.3; or(c)until the end of 30 June 2023, road planings generated by or for an eligible local government; or(d)until the end of 30 June 2024, alum sludge or other residuals produced as a result of a drinking water treatment process; or(e)until the end of 30 June 2026, waste generated in Norfolk Island and imported by the Norfolk Island Regional Council into Queensland; or(f)until the end of 30 June 2029, fly ash produced by a power station.
(2)In this section—eligible local government means a local government, other than—(a)the Brisbane City Council; or(b)the Gold Coast City Council; or(c)the Ipswich City Council; or(d)the Logan Regional Council; or(e)the Moreton Regional Council; or(f)the Noosa Shire Council; or(g)the Redlands City Council; or(h)the Sunshine Coast Regional Council.
guideline for water quality means the guideline called ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality, Volume 1, The Guidelines’ published by the Australian and New Zealand Environment and Conservation Council, as amended from time to time.road planings means aggregate removed from the surface of a sealed road for the purpose of reconstructing or maintaining the road.s 8A orig s 8 om 2012 SL No. 77 s 4prev s 8 ins 2013 SL No. 182 s 21sub 2019 SL No. 33 s 4renum 2019 SL No. 155 s 225amd 2022 SL No. 85 s 69Guideline prescribed for definitions exempt waste and clean earth(1)This section prescribes the guideline for—(a)section 26 of the Act, definition exempt waste, paragraph (d); and(b)the schedule of the Act, definition clean earth, paragraph (b)(ii).
(2)The guideline is called ‘Queensland Acid Sulfate Soil Technical Manual—Soil Management Guidelines v 4.0’ that was published by the Department of Science, Information Technology, Innovation and the Arts in June 2014, as amended from time to time.s 9 prev s 9 om 2012 SL No. 77 s 4pres s 9 ins 2013 SL No. 182 s 21sub 2019 SL No. 33 s 4Division 2Refusing exempt waste applicationspt 3 div 2 hdg prev div 2 hdg om 2012 SL No. 77 s 5pres div 2 hdg ins 2013 SL No. 182 s 21sub 2019 SL No. 33 s 410Purpose of divisionThis division prescribes, for section 30(3) of the Act, the circumstances in which the chief executive must refuse an exempt waste application.s 10 prev s 10 om 2012 SL No. 77 s 4pres s 10 ins 2013 SL No. 182 s 21sub 2019 SL No. 33 s 411Earth contaminated with a hazardous contaminant(1)The chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register unless satisfied—(a)the earth was contaminated before 1 January 1992; or(b)the earth contains waste removed from a landfill cell that is to be delivered to a levyable waste disposal site as part of a significant community project; or(c)the earth—(i)contains waste that was disposed to landfill before 1 January 1992 (whether or not disposal continued after that time) at land recorded on the environmental management register or contaminated land register; and(ii)is to be removed from the land by or for a local government and delivered to a levyable waste disposal site— (A)solely for the purpose of remediating contamination; or(B)for the purpose of conducting or operating a resource recovery or transfer facility on the land and waste will no longer be disposed of as landfill at the land.
(2)Also, the chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register if satisfied the earth—(a)is, if analysed in accordance with the site contamination guideline, contaminated solely with petroleum hydrocarbons; or(b)contains only contaminants that can be reasonably treated by bioremediation and made suitable for any use.
(3)In this section—site contamination guideline means the guideline called ‘Schedule B3—Guideline on Laboratory Analysis of Potentially Contaminated Soils’ made by the National Environment Protection Council, as in force from time to time.s 11 prev s 11 om 2012 SL No. 77 s 5pres s 11 ins 2013 SL No. 182 s 21sub 2019 SL No. 33 s 411AWaste to be used at levyable waste disposal siteThe chief executive must refuse an exempt waste application relating to waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site (an operational purpose) unless satisfied—(a)the waste is needed to carry out the operational purpose; and(b)sufficient exempt waste that could be used for the operational purpose is not otherwise likely to be delivered to the site.
s 11A ins 2019 SL No. 33 s 4Division 3Waste levypt 3 div 3 hdg prev div 3 om 2013 SL No. 182 s 21pres div 3 hdg ins 2019 SL No. 33 s 411BRate of waste levy—Act, s 37(1)This section prescribes the rate of the waste levy for each type of waste for section 37(1) of the Act.(2)The rate of the waste levy for a type of waste delivered to a levyable waste disposal site in a metropolitan local government area for a financial year is— (a)the rate mentioned in schedule 1 opposite the type of waste for the financial year for which the levy applies; or(b)if the rate of the waste levy for a type of waste is not mentioned in schedule 1 for a financial year—the rate worked out by—(i)identifying the rate of the waste levy for the type of waste in the previous financial year mentioned in the schedule; and(ii)multiplying the rate by the indexation figure for the financial year that is notified on the department’s website; and(iii)rounding the result down to the nearest whole dollar.
(3)The rate of the waste levy for a type of waste delivered to a levyable waste disposal site in a regional local government area for a financial year is the rate worked out by— (a)identifying the rate of the waste levy for the type of waste in the previous financial year mentioned in schedule 1; and(b)multiplying the rate by the indexation figure for the financial year that is notified on the department’s website; and(c)rounding the result down to the nearest whole dollar.
(4)In this section—metropolitan local government area means a local government area mentioned in schedule 2, part 1.regional local government area means a local government area mentioned in schedule 2, part 2.s 11B ins 2019 SL No. 33 s 4sub 2022 SL No. 85 s 711CWaste levy on levyable waste—Act, s 37(1)For section 37(2) of the Act, the total amount of waste levy imposed on all levyable waste that is delivered to a levyable waste disposal site during a levy period is the sum of the individual amounts of waste levy imposed on each type of levyable waste.(2)The individual amount of waste levy imposed on each type of levyable waste is worked out using the following formula—where—A is the total weight, in tonnes, of the type of levyable waste delivered to the levyable waste disposal site in the levy period.B is the applicable rate of waste levy imposed on the type of levyable waste for the financial year for which the waste levy is worked out.L is the individual amount of waste levy imposed on the type of levyable waste in a levy period.s 11C ins 2019 SL No. 33 s 411DLocal government areas making up the waste levy zone—Act, s 43For section 43(1) of the Act, the local government areas mentioned in schedule 2 are identified as making up the waste levy zone.s 11D ins 2019 SL No. 33 s 4amd 2022 SL No. 85 s 8Division 4Discounting waste levy for residue wastept 3 div 4 hdg prev pt 3 div 4 hdg om 2013 SL No. 182 s 21pres pt 3 div 4 hdg ins 2019 SL No. 33 s 411EDefinitions for divisionIn this division—performance history, of an applicant conducting a relevant recycling activity, means the applicant’s documented history of conducting the activity.recycling efficiency see section 47(5) of the Act.recycling efficiency threshold—1The recycling efficiency threshold for a recycling activity is the greater of—(a)a recycling efficiency of 60% for the recycling activity; or(b)a recycling efficiency the chief executive reasonably believes is the industry standard for the recycling activity, having regard to the type of feedstock used.Note—The chief executive may publish the recycling efficiency that the chief executive reasonably believes is the industry standard for a relevant recycling activity on the department’s website.
2However, if the chief executive can not form the belief mentioned in item 1(b), the recycling efficiency threshold for a recycling activity is a recycling efficiency of 60% for the recycling activity.
relevant recycling activity, for a residue waste discounting application, means the recycling activity to which the application relates.s 11E ins 2019 SL No. 33 s 411FPrescribed recycling activities—Act, s 44For section 44(1) of the Act, a recycling activity mentioned in schedule 3 is prescribed.s 11F ins 2019 SL No. 33 s 411GDiscounted rate for waste levy for residue waste—Act, s 44For section 44(4) of the Act, the discounted rate for the waste levy for a type of residue waste is 50% of the rate for the type of waste.Note—See schedule 1 for the rate of the waste levy for a type of waste.s 11G ins 2019 SL No. 33 s 411HCriteria for deciding residue waste discounting application—Act, s 46(1)For section 46(2)(c) of the Act, the criteria the chief executive must consider in deciding a residue waste discounting application are each of the following—(a)the performance history and likely future performance of the applicant in conducting the relevant recycling activity compared to—(i)either—(A)industry benchmarks and best practice guidelines for the relevant recycling activity; or(B)if there are no industry benchmarks or best practice guidelines for the relevant recycling activity, the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and
(ii)the recycling efficiency threshold for the relevant recycling activity;
(b)the strategies or practices proposed in the application to progressively improve the efficiency of the relevant recycling activity during the period of the approval, if granted; (c)the extent to which the applicant is, or is likely to be, optimising the market and material value that can be derived from the waste used as feedstock for the relevant recycling activity; (d)the extent to which giving a discount on the waste levy for residual waste from the relevant recycling activity will contribute to—(i)establishing and sustaining resource recovery in Queensland; and(ii)the Queensland economy;
(e)if the applicant is conducting, or has conducted, a recycling activity under a corresponding law, the applicant’s history of compliance with the corresponding law; (f)if a related entity for the applicant is conducting, or has conducted, a recycling activity under this Act or a corresponding law, the related entity’s history of compliance with this Act, the Environmental Protection Act or a corresponding law, including whether the related entity holds any licences, environmental authorities or other approvals for conducting a recycling activity.
(2)In this section—corresponding law means a law of the Commonwealth, or another State or Territory that provides for the same matters as the Act or the Environmental Protection Act, or a provision of these Acts, in relation to a waste management ERA.related entity, for the applicant, see section 72K(3) of the Act.s 11H ins 2019 SL No. 33 s 411IRefusing residue waste discounting application—Act, s 46(1)This section prescribes, for section 46(3) of the Act, the circumstances in which the chief executive must refuse a residue waste discounting application.(2)The chief executive must refuse the application unless satisfied—(a)the applicant is achieving, as a minimum, the recycling efficiency threshold for the relevant recycling activity; or
(b)if the applicant has a performance history for conducting the relevant recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity, the applicant will achieve, as a minimum, the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity.
(3)However, subsection (2) does not apply if the chief executive is satisfied—(a)it is not reasonably practicable for the applicant to achieve, as a minimum, the recycling efficiency threshold for the relevant recycling activity; and (b)the strategies or practices proposed in the application to progressively improve the recycling efficiency of the relevant recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval, if granted, that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances.
s 11I ins 2019 SL No. 33 s 411JConditions on approvals of residue waste discounting applications—Act, s 47(1)For section 47(4) of the Act, the approval is subject to the following conditions—(a)the holder of the approval must implement the strategies or practices to progressively improve the recycling efficiency of the holder’s recycling activity within the timeframes proposed in the application;(b)the holder of the approval must give the chief executive a report that complies with subsection (2) within 2 months after each reporting period ends.
(2)The report for a reporting period must include— (a)information identifying, for each month of the reporting period—(i)the weight of waste, in tonnes, used as feedstock for the recycling activity; and(ii)the weight of waste, in tonnes, not disposed of to landfill as a result of the recycling activity; and(iii)the weight of residue waste, in tonnes, disposed of to landfill; and
(b)for waste not disposed of to landfill as a result of a recycling activity for each month of the reporting period, how much of each type of waste recovered as a result of the recycling activity—(i)was recycled to produce the same or a different product; or(ii)was consigned to other recyclers in Queensland; or(iii)was consigned to other recyclers in Australia other than Queensland; or(iv)was consigned to other recyclers outside Australia; or(v)was not recycled to make a product, or consigned to other recyclers under subparagraphs (ii), (iii) or (iv); and
(c)details of the extent to which the holder of the approval has implemented the strategies or practices proposed to progressively improve the efficiency of the holder’s recycling activities in the reporting period.
(3)In this section—reporting period means each of the following periods in a year—(a)the period starting on 1 January and ending on 30 June in the year;(b)the period starting on 1 July and ending on 31 December in the year.
s 11J ins 2019 SL No. 33 s 4Division 5Other provisionspt 3 div 5 hdg prev pt 3 div 5 hdg om 2012 SL No. 77 s 7pres pt 3 div 5 hdg ins 2019 SL No. 33 s 4pt 3 div 5 sdiv 1 hdg om 2012 SL No. 77 s 7pt 3 div 5 sdiv 2 hdg om 2012 SL No. 77 s 7pt 3 div 5 sdiv 3 hdg om 2012 SL No. 77 s 7pt 3 div 5 sdiv 4 hdg om 2012 SL No. 77 s 711KWeight measurement criteria for measuring waste or other material other than by weighbridge(1)This section prescribes the weight measurement criteria to be used to measure waste or other material required to be measured under section 59 of the Act.(2)The weight measurement criteria to measure the weight of the waste or other material is based on the GVM or GCM of the type of vehicle used to deliver or move the waste or other material unless—(a)all of the waste or other material is contained in a container during the delivery or movement; andExamples—agricultural bin, cane haulout bin, skip bin, wheelie bin(b) the capacity of the container— (i)is written on, or attached to, the container in a clearly visible place; or(ii)is evidenced by a document from the container’s manufacturer; or(iii)can be measured by reference to the dimensions of the container.
(3)If the waste or other material is delivered or moved in a vehicle, the weight of the waste or other material is taken to be the weight, in tonnes, mentioned in schedule 4, table 1, columns 3 to 11, opposite the type of vehicle and the relevant waste or other material and depending on the GVM or GCM of the vehicle.(4)However, if the weight of the waste or other material for subsection (3) is more than the mass limit applying to the vehicle under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, schedules 1 and 2 (the mass limit of the vehicle), the weight of the waste or other material is taken to be the mass limit of the vehicle.(5)Subsection (6) applies if—(a)the waste or other material is contained in containers during the delivery or movement; and(b)the containers comply with the requirements of subsection (2)(a) and (b).
(6)The weight, in tonnes, of the waste or other material is worked out by multiplying the total capacity of the containers, in cubic metres, by the weight multiplier mentioned in schedule 4, table 2, column 3, opposite the type of waste.Examples—1A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t.2A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t.
s 11K ins 2019 SL No. 33 s 411LAnnual payments to local governments—Act, s 73DFor section 73D(1) of the Act, the annual payment for a financial year to be made to each local government affected by the waste levy and mentioned in schedule 4A, column 1 is the payment of the following amount—(a)for the financial year starting on 1 July 2022—the amount stated in schedule 4A, column 2 opposite the local government;(b)for the financial year starting on 1 July 2023—the amount stated in schedule 4A, column 3 opposite the local government;(c)for the financial year starting on 1 July 2024—the amount stated in schedule 4A, column 4 opposite the local government;(d)for the financial year starting on 1 July 2025—the amount stated in schedule 4A, column 5 opposite the local government.
s 11L ins 2019 SL No. 33 s 4sub 2022 SL No. 85 s 911MDay for reviewing particular matters—Act, s 271For section 271(2)(g) of the Act, the day is 30 June 2026.s 11M ins 2019 SL No. 33 s 4amd 2022 SL No. 85 s 10Division 6pt 3 div 6 hdg om 2013 SL No. 182 s 21Division 7pt 3 div 7 hdg om 2013 SL No. 182 s 21Division 8pt 3 div 8 hdg om 2013 SL No. 182 s 21Part 3AContainer refund schemept 3A hdg ins 2018 SL No. 167 s 4Division 1Prescribed matters for definitionspt 3A div 1 hdg ins 2018 SL No. 167 s 412Refund amount—Act, s 99KFor section 99K of the Act, definition refund amount, the refund amount is 10c.s 12 prev s 12 om 2012 SL No. 77 s 5pres s 12 ins 2018 SL No. 167 s 413Requirements for refund marking—Act, s 99K(1)For section 99K of the Act, definition refund marking, the marking or labelling about the refund amount payable for a container under the scheme—(a)must state—(i)the refund amount; and(ii)that the refund amount may be claimed at a container refund point, however described, in a participating State; and
(b)must be of a colour and size that ensures the marking or labelling is clear and legible for the container.
(2)In this section—participating State means Queensland or a corresponding jurisdiction.s 13 prev s 13 om 2012 SL No. 77 s 5pres s 13 ins 2018 SL No. 167 s 414Excluded liquids—Act, s 99L(1)The following liquids are not beverages for section 99L of the Act—(a)milk;(b)cordial intended to be diluted before being consumed;(c)concentrated fruit juice, or vegetable juice, intended to be diluted before being consumed;(d)a health tonic;(e)a syrup.
(2)In this section—health tonic means—(a)a liquid included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Cwlth), section 9A; or(b)another liquid supplied with a label or accompanying document stating—(i)that the liquid is for medicinal purposes; and(ii)a recommended maximum dose of the liquid.
milk includes—(a)a milk product, other than the following—(i)flavoured milk;(ii)a product made by fermenting milk or adding a culture to milk, including, for example, drinking yoghurt; and
(b)a plant-based milk substitute.
Examples of milk—•milk concentrate•milk powder•almond or soy milk
s 14 prev s 14 om 2012 SL No. 77 s 5pres s 14 ins 2018 SL No. 167 s 415Excluded containers—Act, s 99M(1)The following containers are not containers for section 99M of the Act—(a)a container made to contain less than 150ml, or more than 3L, of a beverage;(b)a container made of glass to contain—(i)wine, other than wine mixed with another beverage not made from grapes; or(ii)a spirituous liquid, other than a spirituous liquid mixed with another beverage that is not a spirituous liquid;
(c)a container made to contain 1L or more of—(i)flavoured milk; or(ii)a beverage that is at least 90% fruit juice or vegetable juice;
(d)a container made—(i)of cardboard and either plastic or foil, or both (commonly known as a cask or aseptic packaging); and(ii)to contain 1L or more of wine, a wine-based beverage or water;
(e)a container made—(i)of plastic or foil, or both (commonly known as a sachet); and(ii)to contain 250ml or more of wine.
(2)In this section—wine means a beverage that—(a)is made by fermenting grapes, whether or not the beverage is mixed with another beverage made from grapes; and(b)is not mixed with any beverage made other than from grapes.
wine-based beverage means a beverage that—(a)is a mixture of wine and another beverage not made from grapes; and(b)contains ethyl alcohol (ethanol) of at least 10% by volume.
s 15 prev s 15 om 2012 SL No. 77 s 6pres s 15 ins 2018 SL No. 167 s 4Division 2Sale of beverages in containerspt 3A div 2 hdg ins 2018 SL No. 167 s 416Other matters for container recovery agreement—Act, s 99QFor section 99Q(4)(f) of the Act, for a container recovery agreement between the Organisation and a manufacturer of a beverage product, the other matters are—(a)for a breach of the agreement by either party to the agreement—(i)the effect of the breach; and(ii)a process to manage the breach and its effect; and
(b)a process for either party to the agreement to end the agreement.
s 16 prev s 16 om 2013 SL No. 182 s 21pres s 16 ins 2018 SL No. 167 s 417Standard term for all container recovery agreements—Act, s 99Q(1)This section prescribes, for section 99Q(5) of the Act, a standard term for a container recovery agreement between the Organisation and the manufacturer of a beverage product.(2)A scheme contribution amount for the manufacturer of the beverage product is worked out using the scheme price for the type of container used for the product.(3)In this section—scheme price, for a type of container, means the price, expressed in cents, published by the Organisation on its website as the unit price payable by manufacturers of beverage products for a container of that type.s 17 prev s 17 om 2012 SL No. 77 s 7pres s 17 ins 2018 SL No. 167 s 418Further standard terms for particular container recovery agreements—Act, s 99Q(1)This section prescribes, for section 99Q(5) of the Act, further standard terms for a container recovery agreement between the Organisation and a small beverage manufacturer.(2)Unless the small beverage manufacturer makes an election under the standard term provided for under subsection (3)(a), a scheme contribution amount for the small beverage manufacturer—(a)is worked out for a period of not less than a quarter in a financial year; and(b)may not be required to be paid more than once in each quarter in a financial year.
(3)The small beverage manufacturer may, by notice given to the Organisation—(a)elect to—(i)have the scheme contribution amounts for the small beverage manufacturer worked out for periods of a month; and(ii)pay those amounts monthly; and
(b)withdraw an election made under the standard term provided for under paragraph (a).
(4)In this section—small beverage manufacturer see section 99R(2) of the Act.s 18 prev s 18 om 2012 SL No. 77 s 7pres s 18 ins 2018 SL No. 167 s 419Small beverage manufacturer—Act, s 99RFor section 99R(2) of the Act, definition small beverage manufacturer, a manufacturer of a beverage product is a small beverage manufacturer for a financial year if, for the year, the manufacturer manufactures not more than 300,000 of the beverage product.s 19 prev s 19 om 2012 SL No. 77 s 7pres s 19 ins 2018 SL No. 167 s 4Division 3Refund amounts for empty containerspt 3A div 3 hdg ins 2018 SL No. 167 s 420Bulk quantity—Act, s 99TFor section 99T(4) of the Act, definition bulk quantity, the quantity is at least 1,500.s 20 prev s 20 om 2012 SL No. 77 s 7pres s 20 ins 2018 SL No. 167 s 4Division 4Container collection agreementspt 3A div 4 hdg ins 2018 SL No. 167 s 421Other matters for container collection agreement—Act, s 99ZAFor section 99ZA(1)(i) of the Act, for a container collection agreement between the Organisation and the operator of a container refund point, the other matters are—(a)for a breach of the agreement by either party to the agreement—(i)the effect of the breach; and(ii)a process to manage the breach and its effect; and
(b)a process for either party to the agreement to end the agreement.
s 21 prev s 21 om 2012 SL No. 77 s 7pres s 21 ins 2018 SL No. 167 s 422Standard terms for particular container collection agreements—Act, s 99ZA(1)This section prescribes, for section 99ZA(2) of the Act, standard terms for a container collection agreement between—(a)the Organisation; and(b)the operator of 2 or more container refund points under the agreement.
(2)The container collection agreement must include details of the arrangements for complying with the operator’s obligations under the agreement mentioned in section 99ZA(1)(a) of the Act for each of the container refund points.(3)If, under the container collection agreement, the operator may subcontract the operation of a container refund point to another person (the subcontractor), the operator must, within 5 business days after the subcontract starts, give the Organisation a notice stating the following—(a)the name of the subcontractor;(b)when the subcontract starts and ends;(c)a summary of the provisions of the subcontract.
s 22 prev s 22 om 2012 SL No. 77 s 7pres s 22 ins 2018 SL No. 167 s 4Division 5Material recovery facilitiespt 3A div 5 hdg ins 2018 SL No. 167 s 423Excluded facilities and places—Act, s 99ZE(1)For section 99ZE(2) of the Act, the following facilities or places are not material recovery facilities—(a)a waste transfer station;(b)a waste facility;(c)a place where—(i)a beverage product is sold in a container made of glass; and(ii)bottle crushing equipment is used to crush the container when the container is empty.
(2)In this section—bottle crushing equipment means equipment designed to crush containers made of glass.waste transfer station means a facility used for—(a)sorting or consolidating waste; and(b)temporarily storing the waste before moving it from the site where the relevant activity is carried out.
Example of a waste transfer station—a facility managed commercially that receives and sorts waste, and sends the recyclable waste to a recycling facility and the non-recyclable waste to a landfill on another sites 23 prev s 23 om 2012 SL No. 77 s 7pres s 23 ins 2018 SL No. 167 s 4amd 2019 SL No. 155 s 22724Other matters for material recovery agreement—Act, s 99ZFFor section 99ZF(2)(h) of the Act, for a material recovery agreement between the Organisation and the operator of a material recovery facility, the other matters are—(a)for a breach of the agreement by either party to the agreement—(i)the effect of the breach; and(ii)a process to manage the breach and its effect; and
(b)a process for either party to the agreement to end the agreement.
s 24 prev s 24 om 2012 SL No. 77 s 7pres s 24 ins 2018 SL No. 167 s 425Standard term for all material recovery agreements—Act, s 99ZF(1)This section prescribes, for section 99ZF(3) of the Act, a standard term for a material recovery agreement between the Organisation and the operator of a material recovery facility.(2)For a quantity of containers the operator sorts and prepares for recycling for a quarter in a financial year, the operator—(a)may claim the recovery amount for the quantity only once for the quarter; and(b)must claim the recovery amount for the quantity within 10 business days after the end of the quarter.
s 25 prev s 25 om 2012 SL No. 77 s 7pres s 25 ins 2018 SL No. 167 s 426Further standard terms for particular material recovery agreements—Act, s 99ZF(1)This section prescribes, for section 99ZF(3) of the Act, further standard terms for a material recovery agreement between the Organisation and the operator of a material recovery facility if the agreement requires a written arrangement (a recovery sharing arrangement)—(a)between the operator and a local government from whose local government area the operator receives, at the facility, recyclable waste collected from kerbsides in the local government area; and(b)about the proportion of the recovery amount for a quantity of containers under the material recovery agreement the operator will pay to the local government.
(2)The recovery sharing arrangement must state—(a)that the recovery amount for a quantity of containers under the arrangement is to be worked out under the recovery amount protocol; and(b)all of the following about payment of the proportion of the recovery amount for a quantity of containers—(i)the proportion, expressed as a percentage, of the recovery amount; (ii)the frequency of payment;(iii)the date by which each payment must be made.
(3)The operator must give the Organisation a notice about the recovery sharing arrangement that—(a)is signed by the operator and on behalf of the local government; and(b)states the matters mentioned in subsection (2)(b).
(4)The standard term provided for under subsection (5) applies if the operator—(a)claims a recovery amount for a quantity of containers for a quarter in a financial year; and (b)has not given the Organisation a notice about the recovery sharing arrangement that complies with the standard term provided for under subsection (3).
(5)The Organisation must not pay the operator the recovery amount for the quantity until the Organisation receives the notice from the operator.s 26 prev s 26 om 2012 SL No. 77 s 7pres s 26 ins 2018 SL No. 167 s 427Review of recovery amount protocol—Act, s 99ZKFor section 99ZK(4)(b) of the Act, the other times for reviewing the recovery amount protocol are at least once during each financial year.s 27 prev s 27 om 2012 SL No. 77 s 7pres s 27 ins 2018 SL No. 167 s 4Part 3BOutcomes for Product Responsibility Organisationpt 3B hdg ins 2018 SL No. 167 s 428Purpose of part—Act, s 102ZFThis part prescribes, for section 102ZF(1) of the Act, outcomes relating to the matters mentioned in that section that are to be achieved by the Organisation.s 28 prev s 28 om 2012 SL No. 77 s 7pres s 28 ins 2018 SL No. 167 s 429Definition for partIn this part—container recovery rate, for a period, means the proportion of containers recycled during the period, expressed as a percentage, worked out using the formula—where—R means the container recovery rate for the period.C means the number of containers received at a container refund point during the period.M means the number of containers received at a material recovery facility during the period.S means the number of containers in which beverage products were sold in Queensland during the period.s 29 prev s 29 om 2012 SL No. 77 s 7pres s 29 ins 2018 SL No. 167 s 430Container recovery rate—preliminary years(1)The Organisation must, for each preliminary year, decide a percentage it proposes to achieve as the container recovery rate for the year.(2)The Organisation must publish on its website the percentage decided under subsection (1) for each preliminary year on or before—(a)for the preliminary year starting on 1 November 2018—1 December 2018; or(b)for the preliminary year starting on 1 July 2019—1 June 2019; or(c)for the preliminary year starting on 1 July 2020—1 June 2020.
(3)For each preliminary year, the Organisation is to achieve a container recovery rate of at least the percentage published under subsection (2) for the year.(4)In this section—preliminary year means—(a)the period starting on 1 November 2018 and ending on 30 June 2019; or(b)the financial year starting on 1 July 2019; or(c)the financial year starting on 1 July 2020.
s 30 prev s 30 om 2012 SL No. 77 s 7pres s 30 ins 2018 SL No. 167 s 431Container recovery rates—other yearsThe Organisation is to achieve a container recovery rate of at least 85% for—(a)the financial year starting on 1 July 2021; and(b)each later financial year.
s 31 prev s 31 om 2012 SL No. 77 s 7pres s 31 ins 2018 SL No. 167 s 432Container refund pointsThe Organisation is to ensure at least 307 container refund points—(a)are established by 1 November 2019; and(b)are operating for—(i)the remainder of the financial year ending 30 June 2020; and (ii)each later financial year.
s 32 prev s 32 om 2012 SL No. 77 s 7pres s 32 ins 2018 SL No. 167 s 433s 33 om 2012 SL No. 77 s 734s 34 om 2012 SL No. 77 s 735s 35 om 2013 SL No. 182 s 2136s 36 amd 2011 SL No. 258 s 3om 2013 SL No. 182 s 2137s 37 om 2013 SL No. 182 s 21Part 4Strategic planning for waste reduction and recycling38Prescribed day—ss 123(1), 133(1) and 141(4)For sections 123(1), 133(1) and 141(4) of the Act, the day prescribed is 30 June 2015.s 38 sub 2013 SL No. 182 s 21–2239Prescribed planning entity—Act, s 139(1)The following sectors of entities are prescribed for the Act, section 139(2)—(a)blood banks;(b)hospitals;(c)laboratories that generate clinical waste;(d)multi-service medical clinics;(e)veterinary hospitals.
(2)In this section—blood bank means premises or a vehicle for receiving blood donations.multi-service medical clinic means a medical centre that provides specialist procedures including radiology, pathology or surgical procedures.veterinary hospital means premises at which veterinary science, within the meaning of the Veterinary Surgeons Act 1936, is practised.s 39 amd 2012 SL No. 90 s 41 sch; 2014 SL No. 198 s 12Part 5Reporting about waste management40Prescribed sector of reporting entities—Act, s 150For the Act, section 150(2), the following sectors of entities are prescribed for a financial year—(a)entities carrying out a recycling activity during the financial year;(b)entities required, during the financial year, to hold an environmental authority under the Environmental Protection Act 1994 for any of the following activities—(i)crushing, milling, grinding or screening;(ii)regulated waste recycling or reprocessing;(iii)regulated waste treatment;(iv)waste incineration and thermal treatment;(v)waste transfer station operation;
(c)waste facilities required, during the financial year, to hold an environmental authority under the Environmental Protection Act 1994 for the disposal of waste at the facility.
s 40 amd 2013 SL No. 182 s 2341Prescribed threshold for reporting entities—Act, s 150(1)For the Act, section 150(4)(a), the threshold prescribed is that an entity received, sorted, recycled, treated or disposed of at least 1,000 tonnes of waste in the financial year immediately preceding the reporting year.(2)In this section—reporting year means a financial year for which a reporting entity has an obligation to give the chief executive a report in compliance with the requirements under chapter 7, part 2, division 2 of the Act.Part 5AUsed packaging materialspt 5A hdg ins 2012 SL No. 180 s 3Division 1Preliminarypt 5A div 1 hdg ins 2012 SL No. 180 s 3Subdivision 1Generalpt 5A div 1 sdiv 1 hdg ins 2012 SL No. 180 s 341APurpose of pt 5AThe purpose of this part is to give effect to, and enforce compliance with, the measure.s 41A ins 2012 SL No. 180 s 3Subdivision 2Interpretationpt 5A div 1 sdiv 2 hdg ins 2012 SL No. 180 s 341BDefinitions for pt 5AIn this part—brand owner means—(a)a person who is the owner or licensee in Australia of a trade mark under which a product is sold or otherwise distributed in Australia, whether the trade mark is registered or not; or(b)a person who is the franchisee in Australia of a business arrangement that allows an individual, partnership or company to operate under the name of an already established business; or(c)for a product that has been imported—the first person to sell the product in Australia; or(d)for in-store packaging—the supplier of the packaging to the retailer; or(e)an importer or Australian manufacturer of plastic bags, or a retailer who supplies a plastic bag to a consumer for the transportation of products bought by consumers at the point of sale.
complying brand owner see section 41C.consumer packaging means all packaging products made of any material, or combination of materials, for the containment, protection, marketing or handling of consumer products, and includes distribution packaging.consumer packaging material see section 41D.covenant means—(a)the ‘Australian Packaging Covenant’ made between governments and industry organisations to reduce the environmental impacts of consumer packaging; and(b)the annexures and schedules to the document mentioned in paragraph (a).
covenant signatory means a signatory to the covenant, and includes a person that accedes to the covenant after it is made, whether before or after the commencement of this part.distribution packaging means all packaging that contains multiples of products (the same or mixed) intended for direct consumer sale, including—(a)secondary packaging used to secure or unitise multiples of consumer products including, for example, cardboard boxes and shrink film overwrap; or(b)tertiary packaging used to secure or unitise multiples of secondary packaging including, for example, pallet wrapping stretch film, shrink film and strapping.
free rider means a brand owner who is part of the packaging chain but is not a covenant signatory or is not producing equivalent outcomes to those achieved through the covenant.kerbside recycling collection means roadside collection of domestic solid waste separated for recycling.local government recycling provider see section 41Q(1).measure means the National Environment Protection (Used Packaging Materials) Measure 2011 dated 16 September 2011 made under the National Environment Protection Council Act 1994 (Cwlth), the National Environment Protection Council (Queensland) Act 1994 and particular Acts of other States.packaging chain means the linkages among materials suppliers, packaging manufacturers, packaging fillers, wholesalers, retailers and consumers of packaged products.plastic bag includes a single use lightweight plastic carry bag containing virgin or recycled plastic.recover, for consumer packaging material, means that the consumer packaging material—(a)is reused; or(b)is recycled; or(c)becomes a secondary resource.
recovery rate see section 41E.recycle, for a product, means use the product as a raw material to produce another product.registered, for a trade mark, means registered under the Trade Marks Act 1995 (Cwlth).reuse, for a product, means use the product for the same or similar purpose as its original purpose without subjecting the product to a manufacturing process that would change its physical appearance.secondary resource means a resource used or to be used—(a)to manufacture new consumer packaging or another product to replace raw or virgin materials; or(b)for energy recovery.
s 41B ins 2012 SL No. 180 s 341CMeaning of complying brand ownerA complying brand owner is a brand owner—(a)who is a covenant signatory and is complying with the covenant; or(b)who is not a covenant signatory but is a brand owner to whom any of the following apply—(i)the brand owner uses consumer packaging in which the brand owner’s products are sold in a way that achieves environmental outcomes at least equivalent to the environmental outcomes stated for the packaging under the covenant;(ii)the brand owner’s business has, in the most recent financial year, had a gross turnover of less than $5m;(iii)the brand owner does not use consumer packaging.
s 41C ins 2012 SL No. 180 s 341DMeaning of consumer packaging material(1)Consumer packaging material is consumer packaging made of one or more of the following materials—(a)paper;(b)cardboard;(c)steel;(d)aluminium;(e)polyethylene terephthalate (PET) plastics;(f)high density polyethylene (HDPE) plastics;(g)other plastics, including—(i)unplasticised polyvinyl chloride (UPVC) plastics; or(ii)plasticised polyvinyl chloride (PPVC) plastics; or(iii)low density polyethylene (LDPE) plastics; or(iv)polypropylene (PP) plastics; or(v)polystyrene (PS) plastics; or(vi)expandable polystyrene (EPS) plastics.
(2)Consumer packaging material, for a brand owner, is—(a)for a retailer—a plastic bag given or sold to a consumer for the transportation of products bought by the consumer from the retailer; or(b)for an importer or Australian manufacturer of plastic bags—a plastic bag imported or manufactured, other than a plastic bag given or sold to a retailer for use as mentioned in paragraph (a); or(c)for all other brand owners—consumer packaging material sold in carrying on the brand owner’s business.
s 41D ins 2012 SL No. 180 s 341EMeaning of recovery rateThe recovery rate, for a brand owner, is the rate at which consumer packaging material is recovered by or for the brand owner, and is worked out by using the formula—![]()
where—R means the brand owner’s recovery rate.WR means the weight of the consumer packaging material recovered by or for the brand owner.WS means the weight of the brand owner’s consumer packaging material sold in Australia.s 41E ins 2012 SL No. 180 s 341FGeneralUnless this part provides otherwise, expressions used in this part that are defined in the measure have the meaning given to them in the measure.s 41F ins 2012 SL No. 180 s 3Division 2Responsibilities of particular brand ownerspt 5A div 2 hdg ins 2012 SL No. 180 s 341GApplication of div 2(1)This division applies to a brand owner other than a complying brand owner.(2)Despite subsection (1), this division applies to a brand owner only if the brand owner has received written notice of the brand owner’s obligations under this division under section 41H.s 41G ins 2012 SL No. 180 s 341HBrand owner to be notified of obligationsIf the chief executive is satisfied on reasonable grounds in the circumstances that a brand owner is not a complying brand owner, the chief executive may give a written notice to the brand owner stating the following—(a)that the division is in force;(b)that the division applies to the brand owner;(c)that the division does not apply to a complying brand owner.
s 41H ins 2012 SL No. 180 s 341IBrand owner to achieve recovery rate of consumer packaging material(1)A brand owner must achieve a recovery rate of at least 70% in a financial year.Maximum penalty—20 penalty units.(2)A brand owner may comply with subsection (1) by undertaking, or ensuring, the recovery of consumer packaging material that is of a size and type substantially the same as the brand owner’s consumer packaging material.Example—A brand owner that packages its product in glass complies with subsection (1) if it recovers wine bottles that are not the brand owner’s consumer packaging material.s 41I ins 2012 SL No. 180 s 341JSpecial provision for brand owner notified of obligations in 2012–2013 financial year(1)This section applies if a brand owner is given a notice under section 41H in the 2012–2013 financial year.(2)The brand owner must achieve a recovery rate of at least 70% from the day the brand owner receives a notice under section 41H until the end of the financial year.Maximum penalty—20 penalty units.s 41J ins 2012 SL No. 180 s 341KSpecial provision for brand owner notified of obligations during a financial year(1)This section applies if a brand owner is given a notice under section 41H in a financial year other than the 2012–2013 financial year.(2)The brand owner must take reasonable steps to achieve a recovery rate of at least 70% for all of the financial year.Maximum penalty—20 penalty units.(3)Subsection (2) applies to a brand owner even though the notice under section 41H was not given to the brand owner before the start of the financial year that the notice relates to.s 41K ins 2012 SL No. 180 s 341LAction plans(1)A brand owner must—(a)create an action plan for a financial year that complies with the requirements of subsections (2) and (3); and(b)give each action plan to the chief executive—(i)30 days after the brand owner receives a notice under section 41H; and(ii)for every subsequent financial year—at least 30 days before the start of the financial year.
Note—Section 42A states that this subsection is a prescribed provision for section 245, definition prescribed provision, paragraph (b) of the Act.(2)The brand owner’s action plan must, to the greatest possible extent, contain the following information—(a)how the brand owner will ensure the systematic recovery of the brand owner’s consumer packaging material, or packaging that is substantially the same as the brand owner’s consumer packaging material;(b)the quantity of each type of consumer packaging material sold and that is proposed to be recovered;(c)how the brand owner intends to ensure the quantity proposed under paragraph (b) will be recovered;(d)either—(i)that all consumer packaging material to be recovered by or for the brand owner will be recovered in the following order (the preferred order)—(A)for use in the brand owner’s consumer packaging material;(B)for use within the State as a secondary resource;(C)for use within Australia as a secondary resource;(D)for export as a secondary resource; or
(ii)that the brand owner considers it will be impracticable to recover the consumer packaging materials in the preferred order;
(e)if paragraph (d)(ii) applies—(i)reasons why the brand owner considers the preferred order impracticable; and(ii)the order in which the materials will be recovered;
(f)how the brand owner intends to inform the public of the way the consumer packaging material is to be recovered.
(3)The quantity mentioned in subsection (2)(b) must consist of at least the percentage of consumer packaging material required to be recovered by or for the brand owner as stated in section 41I, 41J or 41K.s 41L ins 2012 SL No. 180 s 3amd 2014 SL No. 198 s 1341MBrand owner not complying within financial year(1)This section applies if the chief executive reasonably believes that—(a)in the financial year immediately before the current financial year a brand owner did not comply with the recovery rate under section 41I, 41J or 41K; and(b)in the current financial year the brand owner will not achieve the recovery rate stated in section 41I for the financial year.
(2)The chief executive may give a notice to the brand owner that states the following—(a)the chief executive reasonably believes the matters stated in subsection (1);(b)that the brand owner is required, within a reasonable time stated in the notice, to state what steps have been taken, or will be taken, that are consistent with achieving the recovery rate stated in section 41I for the current financial year;(c)failure to comply with the notice may result in the chief executive taking action under chapter 11 of the Act;(d)the consequences of failing to comply with the compliance notice issued under chapter 11 of the Act;(e)that submissions may be made about why the chief executive should not take action under chapter 11 of the Act;(f)how the submissions may be made;(g)where the submissions may be made or sent;(h)a period within which the submissions must be made.
(3)The time stated in the notice under subsection (2)(b) must end at least 14 business days after the notice is given.(4)A brand owner who has been issued with a notice under subsection (2) may apply to the chief executive for an extension of time to comply with the notice.(5)The application under subsection (4) must—(a)be made before the day stated in the notice under subsection (2)(b); and(b)state the reasons why the extension should be granted.
(6)The chief executive may grant the application only if the chief executive believes that it is reasonable to extend the time stated in the notice.(7)The chief executive must, within 10 business days after an application under subsection (4) is received, decide whether to grant the extension and—(a)if the decision is to grant the extension—give the brand owner a written notice stating the new date by which the brand owner must comply with the notice; or(b)if the decision is to refuse the extension—give the brand owner a written notice stating that the application is refused.
(8)If the chief executive fails to advise the brand owner under subsection (7), the application for an extension is taken to have been refused.(9)The brand owner must comply with the requirement mentioned in subsection (2)(b), or make submissions as mentioned in subsection (2)(e), within—(a)the time stated in the notice given under subsection (2); or(b)if an extension of time has been granted by the chief executive—the new time decided by the chief executive.
Note—Section 42A states that this subsection is a prescribed provision for section 245, definition prescribed provision, paragraph (b) of the Act.s 41M ins 2012 SL No. 180 s 3amd 2014 SL No. 198 s 1341NBrand owner to keep information and give information to chief executive(1)A brand owner must prepare, for each financial year, and keep for at least 5 years after the end of the financial year—(a)the following information about each type of material for consumer packaging used by the brand owner in the year—(i)the number of consumer packaging items made from the type of material;(ii)the total weight of the type of material;(iii)the total weight of the type of material sold in Australia; and
(b)the following information about the consumer packaging material recovered by or for the brand owner in the financial year—(i)the total weight of each type of the consumer packaging material;(ii)how much of each type of consumer packaging material was reused or recycled in Australia;(iii)how much of each type of consumer packaging material was exported for reuse or recycling;(iv)how much of the consumer packaging material was used for energy recovery;(v)the recovery rate for the consumer packaging material; and
(c)information about the weight of the consumer packaging material that was collected by or for the brand owner in the financial year and that was disposed of as landfill; and(d)information about how consumers were advised about how the consumer packaging material would be recovered.
Note—Section 42A states that this subsection is a prescribed provision for section 245, definition prescribed provision, paragraph (b) of the Act.(2)A brand owner must, for each financial year, give the information stated in subsection (1) to the chief executive by 30 September after the end of the financial year, unless the person has a reasonable excuse.Note—Section 42A states that this subsection is a prescribed provision for section 245, definition prescribed provision, paragraph (b) of the Act.(3)It is a reasonable excuse for an individual not to give the information stated in subsection (1) if giving the information might tend to incriminate the individual or expose the individual to a penalty.(4)In this section—material, for consumer packaging, means consumer packaging made from—(a)any type of consumer packaging material; or(b)material other than consumer packaging material (non-consumer packaging material); or(c)a combination of consumer packaging material and non-consumer packaging material.
s 41N ins 2012 SL No. 180 s 3amd 2014 SL No. 198 s 1341ORequest for exemption on ground of commercial confidentiality(1)A brand owner may, by written notice given to the chief executive, ask for an exemption from the requirement stated in section 41N(2) on the grounds of commercial confidentiality.(2)The notice must contain the information necessary to enable the chief executive to decide the request.(3)The chief executive may, by written notice given to the brand owner, ask the brand owner to give the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the request.(4)A notice under subsection (3) must be accompanied by, or include, the reasons the chief executive has made the request for further information.s 41O ins 2012 SL No. 180 s 341PDeciding request for exemption(1)The chief executive may grant a request for exemption under section 41O only if the chief executive reasonably believes the information would be—(a)exempt information under the Right to Information Act 2009; or(b)information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009, schedule 4, part 4, section 7.
(2)If the chief executive grants the exemption, the brand owner is exempted from giving the information under section 41N(2) to the chief executive.(3)The chief executive must give the brand owner written notice of the chief executive’s decision on the request for exemption.(4)If the chief executive refuses to grant the request, the notice must be an information notice about the decision to refuse to grant the request.(5)Subsection (6) applies if the chief executive does not give the brand owner a notice about the chief executive’s decision on the request—(a)within 60 days after the request is made; or(b)if the brand owner gave the chief executive further information under section 41O(3)—within 60 days after receiving the further information.
(6)The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the request at the end of the 60 days.s 41P ins 2012 SL No. 180 s 3Division 3Kerbside recycling collectors to give information to chief executivept 5A div 3 hdg ins 2012 SL No. 180 s 341QLocal government to give information to chief executive(1)This section applies to a local government, or a regional grouping of local governments, that operates or provides a kerbside recycling collection service or other recycling system within a local government area (a local government recycling provider).(2)If the local government recycling provider operates or provides a kerbside recycling collection service, the local government recycling provider must, within 3 months after the end of each financial year in which the kerbside recycling collection service operates, give to the chief executive the following information for the financial year—(a)the percentage of households with access to the kerbside recycling collection service;(b)the participation rate for the kerbside recycling collection service;(c)the fee charged to each household for the collection service;(d)the total weight of recyclable material, however collected, in the local government area or areas;(e)if the recyclable material collected is sorted—(i)the total weight of each type of recyclable material collected; and(ii)if practicable, the total weight of each type of recyclable material that is the residue disposed of as landfill.
(3)If the local government recycling provider operates or provides another recycling service, the local government recycling provider must, within 3 months after the end of each financial year in which the kerbside recycling collection service operates, give the chief executive information about the percentage of households with access to the recycling system.(4)If, after the commencement of this part, a local government recycling provider enters into a contract with another person, or an existing contract is renewed or novated, to provide a kerbside recycling collection service, the local government recycling provider must include an obligation in the contract for the other person to give the provider the information contained in subsections (2) and (3).(5)In this section—household includes residential premises and non-residential premises supplied with a container for the collection of recyclable material by the operator of the service.participation rate, for a kerbside recycling collection service, means the number of households or other premises making use of the service, expressed as a proportion of the number of households or premises to which the service is available.recyclable material means material reasonably able to be recycled.s 41Q ins 2012 SL No. 180 s 341RKerbside recycling collectors to give information to chief executive(1)This section applies if—(a)a person other than a local government or regional grouping of local governments provides a kerbside recycling collection service in a local government area under a contract; and(b)the contract does not require the person to give the information stated in section 41Q(2) and (3) to the local government or the regional grouping.
(2)The chief executive may, at least one month before the end of the financial year to which the information relates, give a notice to the person stating the following—(a)the information stated in section 41Q(2) and (3) that is required from the person;(b)that the information must be given within 3 months after the end of the financial year to which the information relates;(c)that failure to comply with the notice may result in the chief executive taking action under chapter 11 of the Act;(d)the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act.
(3)The person must provide the information stated in the notice to the chief executive within 3 months after the end of the financial year to which the information relates.Note—Section 42A states that this subsection is a prescribed provision for section 245, definition prescribed provision, paragraph (b) of the Act.s 41R ins 2012 SL No. 180 s 3amd 2014 SL No. 198 s 13Division 4Chief executive reporting requirementspt 5A div 4 hdg ins 2012 SL No. 180 s 341SChief executive to give council information(1)Within 6 months after the end of a financial year, the chief executive must give the council the following for the financial year—(a)aggregate information based on information received from brand owners under section 41N;(b)aggregate information based on information received from local government recycling providers under section 41Q and from kerbside recycling collectors under section 41R;(c)information gathered through surveys conducted under section 41T;(d)information about—(i)complaints received by the chief executive about matters arising under this part; and(ii)investigations undertaken for the purposes of this part; and(iii)prosecutions undertaken for offences under this part;
(e)a statement of interpretation that summarises and explains the information provided under this section.
(2)In this section—council means the Australian Packaging Covenant Council.s 41S ins 2012 SL No. 180 s 3Division 5Other provisionspt 5A div 5 hdg ins 2012 SL No. 180 s 341TSurvey of brand ownersThe chief executive may conduct a brand survey of packaged products or a survey of brand owners to determine the effectiveness of this part in stopping brand owners from being free riders.s 41T ins 2012 SL No. 180 s 341UReview of part(1)The chief executive must carry out a review of the operation of this part.(2)The review must be carried out at least every 5 years, but it may be undertaken more often if—(a)the Minister directs the chief executive to conduct a review; or(b)the covenant or the measure is being reviewed.
(3)The objects of the review include—(a)evaluating the effectiveness of this part to prevent a brand owner from being a free rider; and(b)deciding whether this part aligns with applicable waste management strategies, priority product statements or product stewardship arrangements then in effect.
(4)The chief executive may conduct the review by surveying brand owners.s 41U ins 2012 SL No. 180 s 341VPerson not required to comply with part if measure or covenant not in forceA person is not required to comply with this part if either of the following are not in force—(a)the covenant;(b)the measure.
s 41V ins 2012 SL No. 180 s 3Division 6pt 5A div 6 hdg ins 2012 SL No. 180 s 3om 2016 SL No. 160 s 741Ws 41W ins 2012 SL No. 180 s 3om 2016 SL No. 160 s 7Part 5BManagement of clinical and related wastespt 5B hdg ins 2014 SL No. 198 s 1441XSegregation of waste(1)A person who operates premises at which clinical or related waste is generated must ensure the waste is segregated into—(a)the following categories of clinical waste—(i)animal waste;(ii)discarded sharps;(iii)human tissue waste;(iv)laboratory and associated waste directly resulting from the processing of specimens; and
(b)the following categories of related waste—(i)chemical waste;(ii)waste constituted by, or contaminated with, cytotoxic drugs;(iii)human body parts;(iv)pharmaceutical waste;(v)radioactive waste; and
(c)general waste.
Maximum penalty—20 penalty units.(2)It is a defence to a charge under subsection (1) for the defendant to prove that the waste will be given, for treatment or disposal, to a person who is authorised, under either of the following, to receive waste that is not segregated in the way required under subsection (1)—(a)an environmental authority;(b)a development condition of a development approval.
s 41X ins 2014 SL No. 198 s 1441YDesign requirements for waste containers(1)This section applies to a person who operates premises at which clinical or related waste is generated.(2)The person must ensure all bags and other containers used at the establishment for the collection, storage, transport or disposal of clinical and related waste mentioned in schedule 7A comply with the requirements for the waste in the schedule.Maximum penalty—20 penalty units.s 41Y ins 2014 SL No. 198 s 1441ZGiving waste to another person for transport, storage, treatment or disposal(1)This section applies to a person who operates premises at which clinical or related waste is generated.(2)The person must not give the waste to another person for transport, storage, treatment or disposal unless the other person is the holder of, or a person acting under, an environmental authority for transporting, storing, treating or disposing of the waste.Maximum penalty—20 penalty units.(3)It is a defence to a charge under subsection (2) for the defendant to prove there were reasonable grounds for believing the other person had an environmental authority for transporting, storing, treating or disposing of the waste.s 41Z ins 2014 SL No. 198 s 1441ZADisposal of sharps(1)Subsection (2) applies to a person who discards—(a)at a residential premises, a hypodermic needle that has been in contact with human or animal tissue or body fluids; or(b)at a place other than a residential premises, a hypodermic needle or other sharp.
(2)The person must—(a)place the needle or other sharp in a rigid-walled, puncture-resistant container; and(b)seal or securely close the container.
Maximum penalty—20 penalty units.(3)Subsection (4) applies to a person who discards a needle or other sharp at premises at which clinical or related waste is generated.(4)The person must place the needle or other sharp in a container that complies with—(a)the ‘Australian/New Zealand Standard for Reusable containers for the collection of sharp items used in human and animal medical applications: AS/NZS 4261:1994’ published by Standards Australia; or(b)the ‘Australian Standard for Non-reusable containers for the collection of sharp medical items used in health care areas: AS 4031-1992’ published by Standards Australia.
Maximum penalty—20 penalty units.(5)Also, a person who discards a needle or other sharp under subsection (2) or (4) must ensure it is not accessible to another person.Maximum penalty—20 penalty units.s 41ZA ins 2014 SL No. 198 s 1441ZBStorage area for clinical or related wasteA person who operates premises at which clinical or related waste is generated—(a)must set aside an area for storing the waste that is not accessible to animals or persons, other than persons who are authorised by the person operating the premises to enter the area; and(b)must not store the waste anywhere other than an area mentioned in paragraph (a).
Maximum penalty—20 penalty units.s 41ZB ins 2014 SL No. 198 s 1441ZCStorage of clinical or related waste(1)A person who operates premises at which clinical or related waste is generated and stored must ensure the waste does not create an environmental nuisance after it is generated.Maximum penalty—20 penalty units.(2)In this section—environmental nuisance see the Environmental Protection Act, section 15.s 41ZC ins 2014 SL No. 198 s 1441ZDTreatment and disposal of clinical or related wasteA person who operates premises at which clinical or related waste is generated must ensure the waste is treated and disposed of in accordance with schedule 7B.Maximum penalty—20 penalty units.s 41ZD ins 2014 SL No. 198 s 14Part 5CManagement of polychlorinated biphenyls (PCBs)pt 5C hdg ins 2014 SL No. 198 s 14Division 1Preliminarypt 5C div 1 hdg ins 2014 SL No. 198 s 1441ZEDefinitions for pt 5CIn this part—concentrated, for PCB material, see section 41ZF(4).diluent means a matrix within which PCBs are distributed such as, for example, oil, soil or concrete, but does not include the casing or other solid surrounding the matrix.licensed disposal facility means—(a)a facility in Queensland authorised, under any of the following, to be used for disposing of PCB waste—(i)a development condition of a development approval;(ii)an environmental authority; or
(b)a facility in another State authorised to be used under a licence, approval or other authority, given under a law of that State, to dispose of PCB waste.
licensed treatment facility means—(a)a facility in Queensland authorised, under any of the following, to be used for treating PCB waste—(i)a development condition of a development approval;(ii)an environmental authority; or
(b)a facility in another State authorised to be used under a licence, approval or other authority, given under a law of that State, to treat PCB material.
non-scheduled, for PCB material, means PCB material that is not scheduled PCB material.PCB means a polychlorinated biphenyl.PCB-free see section 41ZG(1).PCB material means—(a)PCBs that are not in a diluent; or(b)PCBs in a diluent in a concentration of at least 2mg/kg.
PCB waste means waste that is PCB material.scheduled, for PCB material, see section 41ZF(3).s 41ZE ins 2014 SL No. 198 s 1441ZFTypes of PCB material(1)This part applies to PCB material according to the amount and concentration of PCBs in the PCB material.(2)PCB material is either scheduled or non-scheduled.(3)PCB material is scheduled if—(a)the concentration of PCBs in the material is at least 50mg/kg; and(b)the material contains at least 50g of PCBs.
(4)PCB material is concentrated if—(a)the concentration of PCBs in the material is at least 100,000mg/kg; and(b)the material contains at least 50g of PCBs.
s 41ZF ins 2014 SL No. 198 s 1441ZGDeciding if material or equipment is PCB-free(1)For this part—(a)material is PCB-free if it is not PCB material; and(b)equipment is PCB-free if—(i)there is no PCB material in the equipment other than on the surface area of the PCB-contaminated metal in the equipment; and(ii)the PCB-contaminated metal in the equipment does not have a coverage of PCBs on its surface area of more than 1mg/m2, as decided under the guidelines mentioned in subsection (2).
(2)The chief executive must—(a)prepare guidelines for deciding the coverage of PCBs on the surface area of PCB-contaminated metal; and(b)make the guidelines available to the public, whether published on the department’s website or otherwise, free of charge or on payment of a reasonable fee.
(3)In this section—PCB-contaminated metal, in equipment, means metal that normally comes into contact with PCB material when the equipment is used.s 41ZG ins 2014 SL No. 198 s 14Division 2Treatment of PCB materialpt 5C div 2 hdg ins 2014 SL No. 198 s 1441ZHTreatment of PCB material only at licensed treatment facilities(1)A person must not dilute, disaggregate or otherwise treat PCB material at a place other than a licensed treatment facility.Note—Section 42A states that this subsection is a prescribed provision for section 245, definition prescribed provision, paragraph (b) of the Act.(2)For this section, a person does not treat PCB material if the person merely—(a)removes PCB material from equipment; or(b)refills equipment containing PCB material for the purpose of the continued operation of the equipment.
s 41ZH ins 2014 SL No. 198 s 14Division 3Disposal of PCB wastept 5C div 3 hdg ins 2014 SL No. 198 s 1441ZIWaste that is scheduled PCB material must be sent for treatment(1)A person who generates waste that is scheduled PCB material must give the waste to a licensed treatment facility for treatment within 1 year after the waste is generated.Maximum penalty—20 penalty units.(2)It is a defence to a charge under subsection (1) for the person to show the person has a reasonable excuse for not complying.Example—It is a reasonable excuse that there is no licensed treatment facility to which the waste can be given within 1 year after it is generated.(3)If the person is not able to comply with subsection (1), the person must—(a)give a written notice to the chief executive stating—(i)the person is not able to comply with subsection (1), and the reason; and(ii)how the person will ensure the waste is taken to a licensed treatment facility for treatment as soon as practicable; and
(b)give the waste to a licensed treatment facility, for treatment, as soon as is practicable.
Maximum penalty—20 penalty units.ss 41ZI ins 2014 SL No. 198 s 1441ZJProhibition on disposal of waste that is scheduled PCB material and liquid PCB wasteA person must not dispose of waste that is scheduled PCB material or liquid PCB waste to a landfill.Maximum penalty—20 penalty units.s 41ZJ ins 2014 SL No. 198 s 14Division 4Duties of occupier of premises with scheduled PCB materialpt 4C div 4 hdg ins 2014 SL No. 198 s 1441ZKApplication of div 4This division applies to a person who occupies premises at which there is an amount of scheduled PCB material containing more than 10kg of PCBs.s 41ZK ins 2014 SL No. 198 s 1441ZLNotice to chief executive(1)The person must give a notice to the chief executive, within 3 months after this division starts to apply to the person, stating—(a)the person’s name and address; and(b)the date of the notice; and(c)the prescribed information about the material at the premises.
Maximum penalty—10 penalty units.(2)If there is a change in any of the prescribed information stated in a notice given by a person under this section, the person must give a further notice to the chief executive, not later than 3 months after the change, stating—(a)the person’s name and address; and(b)the date of the notice; and(c)the day the change happened; and(d)the particulars of the change.
Maximum penalty—10 penalty units.(3)In this section—prescribed information, about the scheduled PCB material at a premises, means—(a)the amount of the material; and(b)the amount and concentration of PCBs in the material; and(c)where the material is located at the premises.
s 41ZL ins 2014 SL No. 198 s 1441ZMEmergency plan(1)The person must prepare an emergency plan for the premises, within 90 days after this division starts to apply to the person, and must keep the plan up to date.Maximum penalty—5 penalty units.(2)In this section—emergency plan, for a premises, means a plan that addresses—(a)monitoring and recording—(i)the amount of scheduled PCB material at the premises; and(ii)where the material is located; and(iii)access to the material; and
(b)the following issues concerning relevant incidents at the premises—(i)minimising the risks of an incident;(ii)timely and effective containment of an incident;(iii)timely and effective clean-up and repairs after an incident;(iv)managing waste generated by the clean-up or repairs.
relevant incident, at a premises, means a fire at the premises or a spill or other accident involving scheduled PCB material at the premises.s 41ZM ins 2014 SL No. 198 s 14Division 5Equipment containing PCB materialpt 4C div 5 hdg ins 2014 SL No. 198 s 1441ZNUse of equipment containing concentrated PCB material(1)A person must not use equipment containing concentrated PCB material if the person knows, or ought reasonably to know, that the equipment contains concentrated PCB material.Maximum penalty—20 penalty units.(2)Subsection (1) does not apply if there is a current exemption for the equipment given under section 41ZO.s 41ZN ins 2014 SL No. 198 s 1441ZOExemption permitting use of equipment containing concentrated PCB material(1)A person may apply to the chief executive to—(a)exempt equipment from the application of section 41ZN; or(b)extend an exemption given under paragraph (a) for 1 or more further periods.
(2)The chief executive may give or extend an exemption for equipment only if the chief executive is satisfied the equipment is not—(a)near a food processing facility, animal feedlot, school or hospital; or(b)in a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or(c)at another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material.
(3)An exemption may be given on reasonable conditions.(4)An applicant for an exemption must give the chief executive the information the chief executive reasonably requires to decide the application.(5)If the chief executive decides to refuse the request, the notice must be an information notice about the decision.(6)If the chief executive has not decided the application by the due day, the chief executive is taken to have refused the application.(7)In this section—due day, for deciding an application, means—(a)the sixtieth day after the application is made, not including a day the chief executive asks for information under subsection (4), a day the applicant gives the requested information, and any days in between; or(b)any later day agreed between the chief executive and the applicant.
endangered wildlife see the Nature Conservation Act 1992, schedule.environmental harm see the Environmental Protection Act, section 14.s 41ZO ins 2014 SL No. 198 s 1441ZPUse of equipment containing scheduled PCB materialA person must not use equipment containing scheduled PCB material, other than concentrated PCB material, if the person knows, or ought reasonably to know, that the equipment contains scheduled PCB material.Maximum penalty—20 penalty units.s 41ZP ins 2014 SL No. 198 s 1441ZQDealing with equipment that is no longer used(1)This section applies to the owner of equipment containing PCB material.(2)Not later than 1 year after the equipment is permanently removed from operational use, the owner must deal with the equipment as follows—(a)if the equipment contains concentrated PCB material, the owner must give the equipment to a licensed treatment facility for treatment so the equipment becomes PCB-free;(b)if the equipment contains scheduled PCB material that is not concentrated PCB material, the owner must—(i)treat the equipment so the equipment becomes PCB-free; or(ii)give the equipment to a licensed treatment facility for treatment so the equipment becomes PCB-free;
(c)if the equipment contains non-scheduled PCB material, the owner must—(i)treat the equipment so the equipment becomes PCB-free; or(ii)give the equipment to a licensed treatment facility for treatment so the equipment becomes PCB-free; or(iii)give the equipment to a licensed disposal facility.
Maximum penalty—20 penalty units.(3)It is a defence to a charge of an offence against subsection (2) for the owner to show the owner has a reasonable excuse for not complying with subsection (2).(4)If the owner does not comply with subsection (2) because the owner has a reasonable excuse, the owner must deal with the equipment in the way required by subsection (2) as soon as practicable.Maximum penalty—20 penalty units.s 41ZQ ins 2014 SL No. 198 s 14Part 6Miscellaneous41ZRDisposal ban waste—Act, s 100For chapter 4, part 4 of the Act—(a)schedule 7C, column 2 identifies the types of waste that are disposal ban waste for the part of the State mentioned opposite the waste in column 1; and(b)schedule 7C, column 3 identifies the day the waste became disposal ban waste for that part of the State.
s 41ZR ins 2014 SL No. 198 s 1542Prescribed persons—Act, s 183For the Act, section 183(1)(c), the following persons are prescribed—(a)a council employee under the City of Brisbane Act 2010;(b)a local government employee under the Local Government Act 2009.
42APrescribed provisions for Act, s 245The following provisions of this regulation are prescribed provisions for the Act, section 245, definition prescribed provision, paragraph (b)—•section 41L(1);•section 41M(9);•section 41N(1) and (2);•section 41R(3);•section 41ZH(1).
s 42A ins 2012 SL No. 180 s 4amd 2014 SL No. 198 s 1642BLaws—Act, schedule, definition corresponding lawThe following laws are prescribed for the schedule of the Act, definition corresponding law, paragraph (b)—(a)Environment Protection Act 1993 (SA), part 8, division 2;(b)Environment Protection (Beverage Containers and Plastic Bags) Act (NT), other than part 3;(c)Waste Avoidance and Resource Recovery Act 2001 (NSW), part 5;(d)Waste Management and Resource Recovery Act 2016 (ACT), part 10A.
s 42B ins 2018 SL No. 167 s 543s 43 om 2019 SL No. 33 s 544s 44 amd 2013 SL No. 182 s 24om 2019 SL No. 33 s 545FeesThe fees payable under the Act are in schedule 5.s 45 amd 2019 SL No. 33 s 645ARounding of amounts expressed as numbers of fee units(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—(a)if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or(b)if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or(c)if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or(d)if the result is more than $500—to the nearest dollar (rounding one-half upwards).
s 45A ins 2022 SL No. 17 s 38Part 7Transitional provisions for Waste Reduction and Recycling (Container Refund Scheme) Amendment Regulation 2018pt 7 hdg prev pt 7 hdg om 2012 SL No. 77 s 8pres pt 7 hdg ins 2018 SL No. 167 s 646References to quarter in financial year—Act, ss 99Q and 99ZFA reference in section 18(2), 25(2) or 26(4) to a quarter in a financial year includes a reference to the period starting on 1 November 2018 and ending on 31 December 2018.s 46 prev s 46 om 2012 SL No. 77 s 8pres s 46 ins 2018 SL No. 167 s 647Further standard terms for particular material recovery agreements—Act, s 99ZF(1)This section prescribes, for section 99ZF(3) of the Act, further standard terms for a material recovery agreement between the Organisation and the operator of a material recovery facility if—(a)the agreement requires the operator to enter into a recovery sharing arrangement with a local government; and(b)the operator claims the recovery amount for a quantity of containers for a quarter in a financial year during the relevant period.
(2)The material recovery agreement must state that—(a)the claim must be made within 10 business days after the end of the quarter; and(b)the recovery amount for the quantity is to be worked out under the recovery amount protocol; and(c)despite the standard term provided for under section 26(5), the Organisation must pay the operator a recovery amount for the quantity; and(d)the proportion of the recovery amount for the quantity the operator must pay the local government is 50%; and(e)the proportion must be paid within 5 business days after the Organisation pays the operator the recovery amount for the quantity.
(3)A reference in this section to a quarter in a financial year includes a reference to the period starting on 1 November 2018 and ending on 31 December 2018.(4)In this section—relevant period means the period starting on 1 November 2018 and ending on the earlier of the following—(a)the day the operator gives the Organisation a notice under the standard term provided for under section 26(3);(b)31 December 2019.
s 47 prev s 47 om 2012 SL No. 77 s 8pres s 47 ins 2018 SL No. 167 s 6amd 2019 SL No. 189 s 348Transition period for displaying refund marking on beverage containers—Act, s 308For section 308(3) of the Act, definition manufacture transition day, the day is 1 December 2019.s 48 prev s 48 om 2012 SL No. 77 s 8pres s 48 ins 2018 SL No. 167 s 6Part 8pt 8 hdg om 2011 SL No. 231 s 49 sch 9 pt 149s 49 om 2011 SL No. 231 s 49 sch 9 pt 1Schedule 1Waste levy ratessection 11B(2) and (3)Type of wasteWaste levy rate—2022–2023 financial yearWaste levy rate—2023–2024financial yearWaste levy rate—2024–2025financial yearWaste levy rate—2025–2026financial year
1treated timber sawdust and shavings$95 each tonne$105 each tonne$115 each tonne$125 each tonne
2earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register$95 each tonne$105 each tonne$115 each tonne$125 each tonne
3category 1 regulated waste, other than waste of a type mentioned in item 1 or 2$175 each tonne$185 each tonne$195 each tonne$205 each tonne
4category 2 regulated waste, other than waste of a type mentioned in item 1 or 2$125 each tonne$135 each tonne$145 each tonne$155 each tonne
5other levyable waste$95 each tonne$105 each tonne$115 each tonne$125 each tonne
sch 1 prev sch 1 om 2013 SL No. 182 s 25pres sch 1 ins 2019 SL No. 33 s 7amd 2020 SL No. 111 s 4sub 2022 SL No. 85 s 11Schedule 2Waste levy zonesections 11B(4) and 11DPart 1Metropolitan local government areas1City of Brisbane2Gold Coast City3Ipswich City 4Lockyer Valley Region5Logan City 6Moreton Bay Region7Noosa Shire 8Redland City 9Scenic Rim Region10Somerset Region11Sunshine Coast Region12Toowoomba Region
Part 2Regional local government areas13Banana Shire 14Bundaberg Region15Burdekin Shire 16Cairns Region17Cassowary Coast Region18Central Highlands Region19Charters Towers Region20Douglas Shire 21Fraser Coast Region 22Gladstone Region23Goondiwindi Region24Gympie Region25Hinchinbrook Shire 26Isaac Region27Livingstone Shire 28Mackay Region29Maranoa Region30Mareeba Shire 31Mount Isa City 32North Burnett Region33Rockhampton Region34South Burnett Region35Southern Downs Region36Tablelands Region37Townsville City 38Western Downs Region39Whitsunday Region
sch 2 prev sch 2 om 2012 SL No. 77 s 9pres sch 2 ins 2019 SL No. 33 s 7sub 2022 SL No. 85 s 11Schedule 3Prescribed recycling activitiessection 11FRecycling activity
e-waste recycling to separate e-waste into clean streams of individual components and materials
re-purposing e-waste for re-use
paper and cardboard recycling to produce new paper and cardboard products
glass beneficiation using optical equipment capable of separating different types of glass to produce cullet
glass refining to produce aggregate or other products of a particular specification
metal recovery by shredding or fragmenting, using equipment capable of separating different types of metal
plastic recycling using an extrusion process or a washing and flaking process to produce components for use in new products
plastic recycling of soft plastics to produce components for use in new products
tyre recycling to produce rubber output to a particular specification and particle size
reclaimed timber recycling or sorting for re-use
reclaimed timber recycling or sorting for processing for production of new timber products
sch 3 prev sch 3 om 2012 SL No. 77 s 9pres sch 3 ins 2019 SL No. 33 s 7Schedule 4Weight measurement criteriasection 11KTable 1—Weight of waste or other material delivered or moved in vehicleVehicletypeWaste type or other materialGVM or GCM (t)
≤4.5>4.5≤10.0>10.0≤16.0>16.0≤23.5>23.5≤28.0>28.0≤40.0>40.0≤43.5>43.5≤51.0>51.0
articulated motor vehicleany type or mixture of waste or other material—1t3t8t12t21t24.75t30.5t41t
carany type or mixture of waste0.05t————————
car towing a trailerany type or mixture of waste0.25t————————
compactor truckany type or mixture of waste or other material—1t2.255.25t9.5t13.25t———
light commercial vehicleany of the following—(a)MSW; (b)C&I; (c)any mixture of only MSW and C&I; (d)other material0.75t————————
light commercial vehicleC&D or any
mixture of waste that includes C&D1.25t————————
rigid truckany of the following—(a)MSW; (b)C&I; (c)any mixture of only MSW and C&I; (d)other material—1.75t3.25t5t8.75t12.5t———
rigid truckC&D or any
mixture of waste that includes C&D—3.75t7t11t13.75t19.75t———
rigid truck towing a trailerany type or mixture of waste or other material—1t3t8t12t21t24.75t30.5t41t
van or uteany type or mixture of waste0.2t————————
van or ute towing a trailerany type or mixture of waste0.4t————————
Table 2—Weight multiplier for waste or other material delivered or moved in containersWaste type or other materialWeight multiplier
1MSW, C&I, any mixture of only MSW and C&I, or other material—
(a)if the volume of waste or other material in the container is equal to or less than half the capacity of the container; or0.08
(b)if the volume of waste or other material in the container is more than half the capacity of the container0.15
2C&D or any mixture of waste that includes C&D—
(a)if the volume of waste or other material in the container is equal to or less than half the capacity of the container; or0.13
(b)if the volume of waste or other material in the container is more than half the capacity of the container0.25
sch 4 prev sch 4 om 2012 SL No. 77 s 9pres sch 4 ins 2019 SL No. 33 s 7Schedule 4AAnnual payments to local governments affected by waste levysection 11LColumn 1Column 2Column 3Column 4Column 5
Local governmentAnnual payment ($)—2022–2023 financial yearAnnual payment ($)—2023–2024financial yearAnnual payment ($)—2024–2025financial yearAnnual payment ($)—2025–2026financial year
Banana Shire Council 451,639486,764502,811524,208
Brisbane City Council43,709,74741,978,01141,136,34636,822,816
Bundaberg Regional Council3,723,4433,428,1373,168,4002,720,303
Burdekin Shire Council533,203535,608553,265576,808
Cairns Regional Council1,086,7251,016,746939,711806,811
Cassowary Coast Regional Council1,183,0681,190,8131,230,0711,282,414
Central Highlands Regional Council987,134958,864990,4751,032,623
Charters Towers Regional Council353,088360,715372,607388,463
Cook Shire Council134,961128,220132,447138,083
Douglas Shire Council186,800148,229153,116159,632
Fraser Coast Regional Council3,946,4153,581,5323,310,1722,842,025
Gladstone Regional Council1,952,3971,775,4881,640,9661,408,889
Gold Coast City Council24,312,18923,734,96423,259,07520,820,144
Goondiwindi Regional Council381,253383,115395,745412,585
Gympie Regional Council1,742,8931,639,0221,693,0551,765,100
Hinchinbrook Shire Council348,986333,289344,277358,927
Ipswich City Council8,917,5128,731,2018,556,1397,658,948
Isaac Regional Council765,333768,896794,244828,042
Livingstone Shire Council1,140,1781,115,7201,152,5021,201,545
Lockyer Valley Regional Council1,273,6901,228,2931,203,6661,077,450
Logan City Council12,968,59412,635,16712,381,83011,083,480
Mackay Regional Council4,382,4813,873,9383,580,4243,074,056
Maranoa Regional Council471,271471,647487,196507,927
Mareeba Shire Council189,172172,756178,451186,045
Moreton Bay Regional Council17,625,98216,883,74816,545,22714,810,305
Mount Isa City Council1,025,229948,033979,2871,020,959
Noosa Shire Council3,231,5563,089,2363,027,2962,709,856
North Burnett Regional Council404,232422,550$436,481$455,054
Palm Island Aboriginal Shire Council28,06440,44441,77843,555
Redland City Council5,597,3785,722,5965,607,8575,019,821
Rockhampton Regional Council2,537,5682,308,4152,133,5141,831,778
Scenic Rim Regional Council1,777,0721,717,8601,683,4161,506,894
Somerset Regional Council879,221865,875848,514759,539
South Burnett Regional Council1,420,7781,365,6921,410,7151,470,746
Southern Downs Regional Council1,546,8771,490,6051,539,7461,605,267
Sunshine Coast Regional Council12,374,83411,767,50911,531,56910,322,376
Tablelands Regional Council944,961944,766975,9131,017,441
Toowoomba Regional Council5,863,8165,479,5515,369,6854,806,624
Townsville City Council6,581,7466,146,8255,681,1034,877,643
Western Downs Regional Council852,355801,917828,354863,603
Whitsunday Regional Council1,470,0001,401,3471,447,5451,509,143
Wujal Wujal Aboriginal Shire Council13,75916,26016,79617,511
Yarrabah Aboriginal Shire Council107,34693,89696,992101,119
sch 4A ins 2022 SL No. 85 s 12Schedule 5Feessection 45Fee units
1Exempt waste application (Act, s 28(4)(c))—
(a)for an application about waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or soldnil
(b)for an application about waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 of the Actnil
(c)for an application about earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register202.90
(d)for an application about waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site that is made at the same time as an application to amend an environmental authority under the Environmental Protection Act, section 224nil
(e)for any other application about waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site 351.10
(f)for an application about biosecurity wastenil
2Request to amend an approval of waste as exempt waste (Act, s 33(2))—
(a)for waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or soldnil
(b)for waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 of the Actnil
(c)for earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register53.10
(d)for waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site53.10
(e)for biosecurity wastenil
3Residue waste discounting application (Act, s 44(2)(c))—
(a)for the first application252.80
(b)for each subsequent application126.30
4Request to amend an approval of a discounted rate for the waste levy for residue waste (Act, s 49(2))53.10
5Application for accreditation of a voluntary product stewardship scheme (Act, s 89(2)(c))418.10
6Application for an end of waste approval (Act, s 173S(c))—
(a)for using a liquid waste as a soil conditioner or fertiliser—
(i)if the waste is a result of coal seam gas extraction19,121.00
(ii)otherwise7,651.00
(b)for using a sludge or soil waste as a soil conditioner or fertiliser—
(i)if the waste is biosolids2,872.00
(ii)otherwise7,651.00
(c)for using any kind of waste as a resource for an industrial activity—
(i)if associated with the carrying out of an environmentally relevant activity3,829.00
(ii)otherwise5,739.00
(d)for using any kind of waste as a resource for augmenting a water supply66,907.00
(e)otherwise2,872.00
7Application to amend an end of waste approval (Act, s 173S(c))
50% of the application fee mentioned in item 6
8Application to transfer an end of waste approval (Act, s 173S(c))138.30
sch 5 sub 2019 SL No. 33 s 8; 2019 SL No. 93 s 26; 2020 SL No. 110 s 30; 2021 SL No. 90 s 29; 2022 SL No. 17 s 39Schedule 6sch 6 amd 2011 SL No. 258 s 4om 2013 SL No. 182 s 27Schedule 7sch 7 amd 2012 SL No. 77 s 10sub 2012 SL No. 114 s 12; 2013 SL No. 204 s 26; 2014 SL No. 115 s 13; 2015 SL No. 62 s 16; 2016 SL No. 79 s 16; 2017 SL No. 31 s 3; 2017 SL No. 82 s 18; 2018 SL No. 40 s 29om 2019 SL No. 33 s 9Schedule 7ADesign requirements for waste containerssection 41YWasteContainerSymbol colourSymbolIdentification
clinicalyellowblack![]()
clinical waste
cytotoxicpurplewhite![]()
cytotoxic waste-incinerate at 1,100ºC
radio-activeredblack![]()
radioactive waste
sch 7A ins 2014 SL No. 198 s 17Schedule 7BTreatment and disposal of clinical and related wastesection 41ZDWaste typeTreatment and disposal process
IncinerationAuto- claving and shreddingChemical disinfection using hypochlorite and shreddingChemical disinfection using peroxide, lime and shreddingMicrowave and shreddingCompactionLandfill
chemicalyes (if licensed)nononononono
cytotoxicyesnononononono
human body partsyesnonoyesnonono
pharmaceuticalyesnononononono
radioactivenonononononono
treated clinical—————yesyes
untreated clinicalyesyesyesyesyesyes (other than animal carcasses and sharps)no (other than in a scheduled area)
sch 7B ins 2014 SL No. 198 s 17Schedule 7CDisposal ban wastesection 41ZRColumn 1Part of StateColumn 2Type of wasteColumn 3Effective date
all of the Stateliquid PCB wasterelated wastewaste that is scheduled PCB material1 September 2014
all of the State, other than a scheduled areauntreated clinical waste1 September 2014
sch 7C ins 2014 SL No. 198 s 17Schedule 8sch 8 amd 2011 SL No. 258 s 5om 2012 SL No. 77 s 9Schedule 9Dictionarysection 3acid sulfate soil ...sch 9 def acid sulfate soil om 2013 SL No. 182 s 28 (1)alternative waste technology facility ...sch 9 def alternative waste technology facility ins 2011 SL No. 258 s 6 (1)om 2012 SL No. 77 s 11animal waste means any discarded materials, including carcasses, body parts, blood or bedding, originating from animals contaminated with an agent infectious to humans or from animals inoculated during research, production of biologicals or pharmaceutical testing with infectious agents.articulated motor vehicle, for schedule 4, see the Transport Operations (Road Use Management) Act 1995, schedule 4.sch 9 def articulated motor vehicle prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)authorised on-site use ...sch 9 def authorised on-site use om 2013 SL No. 182 s 28 (1)biosolids—(a)means stabilised organic solids produced by wastewater treatment processes; but(b)does not include untreated wastewater sludge, industrial sludge or by-products from high temperature incineration of sewerage sludge.
brand owner, for part 5A, see section 41B.sch 9 def brand owner ins 2012 SL No. 180 s 5C&D, for schedule 4, means construction and demolition waste.sch 9 def C&D prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)C&I means commercial and industrial waste.sch 9 def C&I prev om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)car ...sch 9 def car om 2013 SL No. 182 s 28 (1)category 1 regulated waste, for schedule 4, see the Environmental Protection Regulation 2019, section 43.sch 9 def category 1 regulated waste ins 2019 SL No. 33 s 10 (2)amd 2019 SL No. 155 s 228 (1)category 2 regulated waste, for schedule 4, see the Environmental Protection Regulation 2019, section 43(4).sch 9 def category 2 regulated waste ins 2019 SL No. 33 s 10 (2)amd 2019 SL No. 155 s 228 (2)CCA ...sch 9 def CCA om 2012 SL No. 77 s 11chemical see the Environmental Protection Regulation 2019, schedule 19, part 2.sch 9 def chemical amd 2019 SL No. 155 s 228 (3)chemical waste means waste generated from the use of chemicals in medical, dental, veterinary and laboratory procedures, including, for example, mercury, formalin and gluteraldehyde.sch 9 def chemical waste prev def om 2013 SL No. 182 s 28 (1)pres def ins 2014 SL No. 198 s 18 (2)clinical waste means waste that has the potential to cause disease, including, for example, the following—(a)animal waste;(b)discarded sharps;(c)human tissue waste;(d)laboratory waste.
commercial and industrial waste means waste generated from any of the following activities, unless the waste is construction and demolition waste—(a)a manufacturing or industrial activity; (b)a mining activity;(c)a recycling activity, including, for example, sorting, resource recovery and reprocessing;(d)wholesale or retail trading;(e)an activity carried out at domestic premises under a commercial arrangement;Example—waste generated from a printing business carried out at domestic premises (f)providing accommodation services;(g)providing hospitality services, including, for example, catering;(h)a primary industry activity, including, for example, an agricultural, forestry or fishing activity;(i)an activity within the meaning of veterinary science under the Veterinary Surgeons Act 1936, section 2A;(j)providing health services, including, for example, operating a nursing home;(k)providing educational services;(l)an activity carried out by a charity or church;(m)a concert or other entertainment event;(n)another business activity, including, for example, an administrative service.
sch 9 def commercial and industrial waste ins 2019 SL No. 33 s 10 (2)compactor truck means a truck constructed, fitted or equipped with a mechanism for compacting the waste carried on the truck.sch 9 def compactor truck prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)complying brand owner, for part 5A, see section 41C.sch 9 def complying brand owner ins 2012 SL No. 180 s 5concentrated, for PCB material, for part 5C, see section 41ZF(4).sch 9 def concentrated ins 2014 SL No. 198 s 18 (2)construction and demolition waste—(a)means waste generated from carrying out building work within the meaning of the Building Act 1975, section 5; and(b)without limiting paragraph (a), includes waste generated from building, repairing, altering or demolishing infrastructure for roads, bridges, tunnels, sewerage, water, electricity, telecommunications, airports, docks or rail.
sch 9 def construction and demolition waste prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)consumer packaging, for part 5A, see section 41B.sch 9 def consumer packaging ins 2012 SL No. 180 s 5consumer packaging material, for part 5A, see section 41D.sch 9 def consumer packaging material ins 2012 SL No. 180 s 5container recovery rate, for a period, for part 3B, see section 29.sch 9 def container recovery rate ins 2018 SL No. 167 s 7covenant, for part 5A, see section 41B.sch 9 def covenant ins 2012 SL No. 180 s 5covenant signatory, for part 5A, see section 41B.sch 9 def covenant signatory ins 2012 SL No. 180 s 5cytotoxic drug means a drug known to have carcinogenic, mutagenic or teratogenic potential.sch 9 def cytotoxic drug ins 2014 SL No. 198 s 18 (2)cytotoxic waste means waste that is contaminated by a cytotoxic drug.sch 9 def cytotoxic waste ins 2014 SL No. 198 s 18 (2)delivery vehicle ...sch 9 def delivery vehicle amd 2011 SL No. 258 s 6 (2)om 2013 SL No. 182 s 28 (1)development approval means a development approval under the Planning Act 2016.sch 9 def development approval prev def om 2013 SL No. 182 s 28 (1)pres def ins 2014 SL No. 198 s 18 (2)sub 2017 SL No. 103 s 142 (1)development condition—1Development condition, of a development approval, means a condition of the approval imposed by, or imposed because of a requirement of—(a)the administering authority under the Environmental Protection Act; or(b)the chief executive of the department in which the Planning Act 2016 is administered, as the assessment manager or a referral agency for the application for the approval.
2The term includes a reference to a condition mentioned in the State Development and Public Works Organisation Act 1971, section 39(1)(a).3To remove any doubt, it is declared that if a condition mentioned in clause 1 was imposed on a development approval because the approval related to an environmentally relevant activity, the condition does not stop being a development condition only because the activity stops being an environmentally relevant activity.
sch 9 def development condition ins 2014 SL No. 198 s 18 (2)amd 2017 SL No. 103 s 142 (2)diluent, for part 5C, see section 41ZE.sch 9 def diluent ins 2014 SL No. 198 s 18 (2)distribution packaging, for part 5A, see section 41B.sch 9 def distribution packaging ins 2012 SL No. 180 s 5environmentally relevant activity see the Environmental Protection Act, section 18.sch 9 def environmentally relevant activity ins 2014 SL No. 198 s 18 (2)environmentally relevant activity see the Environmental Protection Act, section 18.sch 9 def environmentally relevant activity ins 2019 SL No. 33 s 10 (2)ERA ...sch 9 def ERA ins 2015 SL No. 62 s 17om 2019 SL No. 33 s 10 (1)e-waste, for schedule 3, means electrical or electronic equipment that is waste, including, for example, components and power supplies.sch 9 def e-waste prev def om 2012 SL No. 77 s 11pres def ins 2019 SL No. 33 s 10 (2)free-flowing, for blood, or body fluids, means blood, blood products or body fluid that is flowing, dripping, oozing, liquid or able to be squeezed from material.sch 9 def free-flowing ins 2014 SL No. 198 s 18 (2)free rider, for part 5A, see section 41B.sch 9 def free rider ins 2012 SL No. 180 s 5GCM ...sch 9 def GCM om 2013 SL No. 182 s 28 (1)general waste means waste other than regulated waste.sch 9 def general waste ins 2013 SL No. 182 s 28 (2)sub 2014 SL No. 198 s 18glass beneficiation ...sch 9 def glass beneficiation om 2012 SL No. 77 s 11green waste means grass cuttings, trees, bushes, shrubs, loppings of trees, bushes or shrubs, or similar matter produced as a result of the ordinary use or occupation of premises.sch 9 def green waste ins 2013 SL No. 182 s 28 (2)sub 2014 SL No. 198 s 18GVM ...sch 9 def GVM om 2013 SL No. 182 s 28 (1)hospital has the meaning given by the Hospital and Health Boards Act 2011, schedule 2 and includes a dental hospital or hospice.sch 9 def hospital ins 2014 SL No. 198 s 18 (2)human body parts means recognisable organs, bones and gross body parts but does not include teeth, gums, hair, nails, bone fragments or a placenta if it is to be retained by a parent or guardian.sch 9 def human body parts ins 2014 SL No. 198 s 18 (2)human tissue waste means the following—(a)tissue, blood, blood products and other body fluids that are removed from a person during surgery, an autopsy or another medical procedure;(b)tissue, blood, blood products and other body fluids that are removed from a person during post-operative care or treatment;(c)specimens of tissue, blood, blood products and other body fluids and containers in which the specimens are kept;(d)discarded material saturated with, or containing free-flowing blood and other body fluids.
kerbside recycling collection, for part 5A, see section 41B.sch 9 def kerbside recycling collection ins 2012 SL No. 180 s 5laboratory waste means a specimen or culture discarded in the course of dental, medical or veterinary practice or research, including material that is, or has been contaminated by, genetically manipulated material or imported biological material.sch 9 def laboratory waste ins 2014 SL No. 198 s 18 (2)laboratory waste ...sch 9 def laboratory waste om 2016 SL No. 79 s 17 sch 1licensed, for schedule 7B, means the person who operates the premises holds, or is acting under, the required authority for the activity.sch 9 def licensed ins 2014 SL No. 198 s 18 (2)licensed disposal facility, for part 5C, see section 41ZE.sch 9 def licensed disposal facility ins 2014 SL No. 198 s 18 (2)licensed treatment facility, for part 5C, see section 41ZE.sch 9 def licensed treatment facility ins 2014 SL No. 198 s 18 (2)light commercial vehicle, for schedule 4, means a motor vehicle, other than a car or motorbike, that—(a)is more than 4t but not more than 4.5t GVM; and(b)is constructed, fitted or equipped for the carriage of goods.
sch 9 def light commercial vehicle prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)local government recycling provider, for part 5A, see section 41Q(1).sch 9 def local government recycling provider ins 2012 SL No. 180 s 5material recovery facility ...sch 9 def material recovery facility om 2012 SL No. 77 s 11measure, for part 5A, see section 41B.sch 9 def measure ins 2012 SL No. 180 s 5motorbike see the Transport Operations (Road Use Management) Act 1995, schedule 4.sch 9 def motorbike prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)motor vehicle see the Transport Operations (Road Use Management) Act 1995, schedule 4.sch 9 def motor vehicle prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)MSW, for schedule 4, means municipal solid waste.sch 9 def MSW prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)municipal solid waste—1Municipal solid waste is— (a)waste generated by a household if—(i)the waste is collected from domestic premises—(A)by or for an occupant of the premises, unless the waste is collected under a commercial arrangement; orExample of waste collected under a commercial arrangement—waste collected by a skip bin collection service(B)by or for a local government; and
(ii)the waste is not waste generated from an activity carried out at domestic premises under a commercial arrangement; or
(b)the following waste collected by or for a local government—(i)waste generated from street sweeping; (ii)waste collected from public rubbish bins; (iii)waste generated from maintaining a public space, including, for example, a public garden and public park; (iv)large items collected from domestic premises by a kerbside collection service.
2However, municipal solid waste does not include feedstock used for a recycling activity carried out under a commercial arrangement.
sch 9 def municipal solid waste ins 2019 SL No. 33 s 10 (2)non-deductible resource recovery ...sch 9 def non-deductible resource recovery om 2012 SL No. 77 s 11non-scheduled, for PCB material, for part 5C, see section 41ZE.sch 9 def non-scheduled ins 2014 SL No. 198 s 18 (2)operational use discount ...sch 9 def operational use discount om 2012 SL No. 77 s 11packaging chain, for part 5A, see section 41B.sch 9 def packaging chain ins 2012 SL No. 180 s 5PCB, for part 5C, see section 41ZE.sch 9 def PCB ins 2014 SL No. 198 s 18 (2)PCB-free, for part 5C, see section 41ZG(1).sch 9 def PCB-free ins 2014 SL No. 198 s 18 (2)PCB material, for part 5C, see section 41ZE.sch 9 def PCB material ins 2014 SL No. 198 s 18 (2)PCB waste, for part 5C, see section 41ZE.sch 9 def PCB waste ins 2014 SL No. 198 s 18 (2)performance history, of an applicant conducting a recycling activity, for part 3, division 4, see section 11E.sch 9 def performance history ins 2019 SL No. 33 s 10 (2)pharmaceutical product means an S4 medicine under the Medicines and Poisons Act 2019.sch 9 def pharmaceutical product sub 2021 SL No. 140 s 263 sch 23pharmaceutical waste means waste arising from—(a)pharmaceutical products that have passed their recommended shelf life; and(b)pharmaceutical products discarded due to off-specification batches or contaminated packaging; and(c)pharmaceutical products returned by patients or discarded by the public; and(d)pharmaceutical products no longer required by the public; and(e)waste generated during the manufacture of pharmaceutical products.
sch 9 def pharmaceutical waste ins 2014 SL No. 198 s 18 (2)plastic bag, for part 5A, see section 41B.sch 9 def plastic bag ins 2012 SL No. 180 s 5quarter, in a financial year, means—(a)1 July to 30 September in the year; or(b)1 October to 31 December in the year; or(c)1 January to 31 March in the year; or(d)1 April to 30 June in the year.
sch 9 def quarter ins 2018 SL No. 167 s 7radioactive substance see the Radiation Safety Act 1999, schedule 2.sch 9 def radioactive substance ins 2014 SL No. 198 s 18 (2)radioactive waste means waste that is contaminated with a radioactive substance.sch 9 def radioactive waste ins 2014 SL No. 198 s 18 (2)recovery rate, for part 5A, see section 41E.sch 9 def recovery rate ins 2012 SL No. 180 s 5recovery sharing arrangement see section 26(1).sch 9 def recovery sharing arrangement ins 2018 SL No. 167 s 7recycle, for part 5A, see section 41B.sch 9 def recycle ins 2012 SL No. 180 s 5recycling efficiency threshold, for part 3, division 4, see section 11E.sch 9 def recycling efficiency threshold ins 2019 SL No. 33 s 10 (2)registered, for part 5A, see section 41B.sch 9 def registered ins 2012 SL No. 180 s 5regulated waste—high hazard ...sch 9 def regulated waste—high hazard om 2012 SL No. 77 s 11regulated waste—low hazard ...sch 9 def regulated waste—low hazard om 2012 SL No. 77 s 11regulated waste—other ...sch 9 def regulated waste—other om 2012 SL No. 77 s 11related waste means waste that constitutes, or is contaminated with, chemicals, cytotoxic drugs, human body parts, pharmaceutical products or radioactive substances.relevant environmental approval ...sch 9 def relevant environmental approval om 2013 SL No. 182 s 28 (1)relevant recycling activity, for a residue waste discounting application, for part 3, division 4, see section 11E.sch 9 def relevant recycling activity ins 2019 SL No. 33 s 10 (2)relevant schedule 5 site ...sch 9 def relevant schedule 5 site ins 2013 SL No. 182 s 28 (2)om 2019 SL No. 33 s 10 (1)residential premises means—(a)domestic premises; or(b)a boarding house, hostel, lodging house or guest house.
sch 9 def residential premises ins 2014 SL No. 198 s 18 (2)reuse, for part 5A, see section 41B.sch 9 def reuse ins 2012 SL No. 180 s 5rigid truck, for schedule 4, means any truck, other than an articulated truck or compactor truck.sch 9 def rigid truck prev def amd 2011 SL No. 258 s 6 (3)om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)scheduled, for PCB material, for part 5C, see section 41ZF(3).sch 9 def scheduled ins 2014 SL No. 198 s 18 (2)scheduled area see the Environmental Protection Regulation 2019, section 16.sch 9 def scheduled area ins 2014 SL No. 198 s 18 (2)amd 2019 SL No. 155 s 228 (4); 2019 SL No. 234 s 32scheme contribution amount, for a manufacturer of a beverage product, means an amount payable by the manufacturer of the beverage product to the Organisation to contribute to the costs mentioned in section 99Q(4)(a)(i) and (ii) of the Act.sch 9 def scheme contribution amount ins 2018 SL No. 167 s 7secondary resource, for part 5A, see section 41B.sch 9 def secondary resource ins 2012 SL No. 180 s 5sharp means an object or device having sharp points, protuberances or cutting edges that are capable of causing a penetrating injury to humans.sch 9 def sharp ins 2014 SL No. 198 s 18 (2)skip-bin ...sch 9 def skip-bin om 2013 SL No. 182 s 28 (1)skip-bin truck ...sch 9 def skip-bin truck om 2013 SL No. 182 s 28 (1)tissue does not include human body parts, teeth, hair, nail, gums and bone.sch 9 def tissue ins 2014 SL No. 198 s 18 (2)trailer, for schedule 4, means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.sch 9 def trailer prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)treated clinical waste ...sch 9 def treated clinical waste om 2012 SL No. 77 s 11truck means a motor vehicle with a GVM of more than 4.5t.sch 9 def truck prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)van or ute, for schedule 4, means a motor vehicle (other than a car or motorbike)—(a)with a GVM that is less than or equal to 4t; and(b)that is constructed, fitted or equipped for the carriage of goods.
sch 9 def van or ute prev def om 2013 SL No. 182 s 28 (1)pres def ins 2019 SL No. 33 s 10 (2)vehicle see the Transport Operations (Road Use Management) Act 1995, schedule 4.sch 9 prev sch 9 om 2011 SL No. 231 s 49 sch 9 pt 1pres sch 9 (prev sch 10) renum 2011 SL No. 231 s 49 sch 9 pt 1amd 2013 SL No. 182 s 28 (1)–(2)