Environmental Protection (NEPM-UPM) Regulations 2013 (WA)

Western Australia Environmental Protection Act 1986 Environmental Protection (NEPM-UPM) Regulations 2013 Western Australia Environmental Protection (NEPM-UPM) Regulations 2013 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Purpose 4 Part 2 — Responsibilities of certain brand owners Division 1 — Application 5. Application of this Part 5 Division 2 — Action plans 6. Action plans 5 7. Approval of action plans 7 8. Review of action plans 7 Division 3 — Targets 9. Targets 8 Division 4 — Record keeping 10. Brand owner to keep information 9 Division 5 — Compliance notice 11. Authorised person may give notice to comply 10 Part 3 — Operators of materials recovery systems to give information to the CEO 12. Local governments 11 13. Other operators 11 Part 4 — Appeals 14. Appeals 13 Part 5 — Effect of review of measure 15. Revocation, variance or replacement of measure 14 Notes Compilation table 15 Defined terms Western Australia Environmental Protection Act 1986 Environmental Protection (NEPM‑UPM) Regulations 2013

Part 1 — Preliminary

1. Citation These regulations are the Environmental Protection (NEPM‑UPM) Regulations 2013.

2. Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.

3. Terms used In these regulations, unless the contrary intention appears — 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 which allows an individual, partnership or company to operate under the name of an already established business; or (c) in the case of a product which has been imported, the first person to sell that product in Australia; or (d) in respect of in‑store packaging, the supplier of the packaging to the retailer; or (e) in respect of plastic bags, the importer or manufacturer of the plastic bags or the retailer who provides the plastic bag to the consumer at the point of sale for the transportation of products purchased by the consumer; consumer packaging means all packaging products, including distribution packaging, made of any material, or combination of materials, for the containment, protection, marketing or handling of consumer products; Covenant means the Australian Packaging Covenant of July 2010; distribution packaging means packaging that contains multiples of products (the same or mixed) intended for direct consumer purchase, including — (a) secondary packaging used to secure or unitise multiples of consumer products such as a cardboard box, shipper and shrink film over wrap; and (b) tertiary packaging used to secure or unitise multiples of secondary packaging such as pallet wrapping stretch film, shrink film and strapping; landfill means — (a) a landfill site set apart by a local government under the Health (Miscellaneous Provisions) Act 1911 section 119; or (b) a landfill site required to be licensed under the Act Part V, whether or not that licence is in force; or (c) premises to which the Environmental Protection (Rural Landfill) Regulations 2002 apply; materials recovery system means a system to collect, sort and pre‑process materials recovered from the waste stream, including but not limited to — (a) the roadside collection of domestic solid waste separated for the purpose of recycling or for otherwise using the materials so separated; or (b) a drop‑off collection system; or (c) a public place collection; or (d) an industrial or commercial recycling collection system; plastic bag includes a single use lightweight plastic carry bag made from virgin or recycled plastic; premises means residential, industrial or other premises to which a receptacle for the collection of recyclable material has been delivered by the operator of a materials recovery system; recovery rate, in relation to a type of consumer packaging listed in column 1 of the Tables to regulation 9(1) and (2), means the rate determined using the equation — where — R is the recovery rate; WR is the weight of the consumer packaging recovered from the post‑consumer waste stream; WS is the weight of the consumer packaging sold as packaging within Australia; recyclable material means material reasonably able to be recovered, reprocessed and used as raw material for the manufacture of a new product; recycle means recover a thing and use it as a raw material to produce another thing; reuse means use a thing for the same or similar purpose as the original purpose without subjecting the thing to a manufacturing process which 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; signatory means a signatory to the Covenant, and includes an organisation that accedes to the Covenant after it is made, whether before or after the commencement of these regulations. [Regulation 3 amended: Gazette 10 Jan 2017 p. 195.]