Footnotes

Chapter 1 - Introduction

[1]        Senate Selection of Bills Committee, Report No. 4 of 2011, www.aph.gov.au/Senate/committee/selectionbills_ctte/reports/2011/rep0411.pdf (accessed 6 2011). See Senate Hansard, 24 March 2011, p. 103. The bill was introduced to the Senate on 23 March 2011.

[2]        Senate Selection of Bills Committee, Report No. 4 of 2011, Appendix 3, www.aph.gov.au/Senate/committee/selectionbills_ctte/reports/2011/rep0411.pdf (accessed 6 May 2011).

[3]        An interim report was tabled on 13 April 2011. Senate Environment and Communications Legislation Committee, Interim Report: Product Stewardship Bill 2011, www.aph.gov.au/Senate/committee/ec_ctte/product_stewardship/interim_report/index.htm (accessed 28 April 2011).

[4]        A late submission was received from the Intellectual Property Committee, Business Law Section, Law Council of Australia. This submission is addressed in paragraphs 3.83–3.85.

[5]        Senator the Hon. Don Farrell, Parliamentary Secretary for Sustainability and Urban Water, Second reading speech, Product Stewardship Bill 2011, Senate Hansard, 23 March 2011, p. 1529.

[6]        Environment Protection and Heritage Council (EPHC), National Waste Report 2010, March 2010, p. 3.

[7]        EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 6.

[8]        The National Waste Policy was endorsed by the Environment Protection and Heritage Council in November 2009 and agreed to out of session by the Council of Australian Governments in May 2010.

Chapter 2 - Background

[1]        Unless otherwise referenced, the statistics presented in this section are drawn from the Environment Protection and Heritage Council (EPHC), National Waste Report 2010, March 2010, p. 3.

[2]        Australian Bureau of Statistics (ABS), Australian Social Trends, 2007: Household waste, Report No. 41020.0, 2007.

[3]        Senate Standing Committee on Environment, Communications and the Arts, Management of Australia's waste streams (including consideration of the Drink Container Recycling Bill 2008), September 2008, p. 8.

[4]        ABS, Year Book Australia 2008, Waste and recycling practices of households, Report No. 1301.0, 2008.

[5]        Senator the Hon. Don Farrell, Parliamentary Secretary for Sustainability and Urban Water, Second reading speech, Product Stewardship Bill 2011, Senate Hansard, 23 March 2011, p. 1529.

[6]        For an overview of hazardous waste in Australia see EPHC, National Waste Report 2010, March 2010, pp 171–186.

[7]        PriceWaterhouseCoopers and Hyder Consulting, Environment Heritage and Protection Council, Decision Regulatory Impact Statement: Televisions and computers, October 2009, p. iii, www.ephc.gov.au/sites/default/files/PS_TV_Comp__Decision_RIS__Televisions_and_Computers__200911_0.pdf (accessed 6 May 2011).

[8]        The remaining 6 per cent (by weight) were exported.

[9]        PriceWaterhouseCoopers and Hyder Consulting, Environment Heritage and Protection Council, Decision Regulatory Impact Statement: Televisions and computers, October 2009, p. iii.

[10]      Ms Rebecca Brown, Manager, Waste and Recycling, Western Australian Local Government Association, Proof Committee Hansard, 13 April 2011, p. 26.

[11]      EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 2, www.ephc.gov.au/sites/default/files/WasteMgt_Rpt__National_Waste_Policy_Framework_Less_waste_more_resources_PRINT_ver_200911.pdf (accessed 9 May 2011).

[12]      See Australian Local Government Association, Submission 11; Local Government Association of Tasmania, Submission 15; and South Australian Government, Submission 19.

[13]      Western Australian Local Government Association, Submission 12, p. 2.

[14]      For a complete list of the international agreements Australia is party to, see EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 2.

[15]      Australia became party to the Basel Convention in 1992 and is required to ensure that:

•        the generation of hazardous and other wastes (in particular household wastes) is reduced to a minimum (taking into account social, technological and economic aspects);

•        that adequate disposal facilities exist for the environmentally sound management of wastes; and

•        that managers of waste take steps to prevent pollution, but if pollution occurs, minimise the consequences for human health and the environment.

In 2004 Australia became a party to the Stockholm Convention under which there is the further requirement to restrict and ultimately eliminate the production, use, trade, release and storage of dangerous long-lasting chemicals (EPHC, National Waste Report 2010, p. 8).

[16]      Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, Department of Sustainability, Environment, Water, Populations and Communities (DSEWPAC), Proof Committee Hansard, 13 April 2011, p. 36. See also United Nations Environment Programme, Mercury programme, www.chem.unep.ch/mercury/partnerships/new_partnership.htm (accessed 6 May 2011).

[17]      For a list of state and territory legislative and policy instruments see EPHC, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, p. 2.

[18]      Senate Standing Committee on Environment, Communications and the Arts, Management of Australia's waste streams (including consideration of the Drink Container Recycling Bill 2008), September 2008, p. 57. Prior to September 2010 the Senate Environment and Communications Committee was known as the Senate Environment, Communications and the Arts Committee.

[19]      Senate Standing Committee on Environment, Communications and the Arts, Management of Australia's waste streams (including consideration of the Drink Container Recycling Bill 2008), September 2008, p. 58.

[20]      Senate Standing Committee on Environment, Communications and the Arts, Management of Australia's waste streams (including consideration of the Drink Container Recycling Bill 2008), September 2008, p. 60.

[21]      The Environment Protection and Heritage Council of Australia and New Zealand (EPHC) was established in 2001 by the Council of Australian Governments (COAG). The EPHC is comprised of Ministers from the Commonwealth, state and territory governments as well as the New Zealand government and the Papua New Guinea government. The EPHC is also referred to as the Environment Ministerial Council in this report. The EPHC is to change its name on 1 July 2011.

[22]      EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 6.

[23]      EPHC, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, p. 5.

[24]      EPHC, National Waste Policy: Less waste, more resources, November 2009, pp 7–8.

[25]      EPHC, National Waste Policy: Less waste, more resources, November 2009, pp 9–15.

[26]      EPHC, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, www.ephc.gov.au/sites/default/files/WasteMgt__National_Waste_Policy_Implementation_Plan_Final_201007.pdf (accessed 6 May 2011).

[27]      EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 9.

[28]      EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 9.

[29]      EPHC, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, p. 13.

[30]      EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 9.

[31]      EPHC, National Waste Policy: Less waste, more resources, November 2009, p. 9.

[32]      EPHC, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, p. 13.

[33]      EPHC, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, p. 13.

[34]      Department of Sustainability, Environment, Water, Populations and Communities (DSEWPAC), National product stewardship legislation, www.environment.gov.au/settlements/waste/product-stewardship/consultation/index.html (accessed 6 May 2011).

[35]      Explanatory Memorandum, Product Stewardship Bill 2011, p. 2.

[36]      Department of Sustainability, Environment, Water, Population and Communities (DSEWPAC), Product Stewardship Legislation Consultation Paper, November 2010, p. 9, www.environment.gov.au/settlements/waste/product-stewardship/consultation/pubs/ps-legislation-consultation.pdf (accessed 19 April 2011), ellipses in original.

[37]      Explanatory Memorandum, Product Stewardship Bill 2011, p. 2.

[38]      The voluntary product stewardship arrangements are contained in Part 2 of the bill.

[39]      Which broadly speaking aim to reduce the environmental, health and safety impacts of products and substances contained in products. Product Stewardship Bill 2011, clause 4.

[40]      The co-regulatory product stewardship arrangements are contained in Part 3 of the bill.

[41]      The mandatory product stewardship arrangements are contained in Part 4 of the bill.

[42]      Subclause 38(1) identifies the maximum penalties that may be imposed by regulations.

[43]      Explanatory Memorandum, Product Stewardship Bill 2011, p. 16.

Chapter 3 - Key issues

[1]        For example see: National Packaging Covenant Industry Association, Submission 2; Vinyl Council of Australia, Submission 4; Australian Industry Group, Submission 5; Keep Australia Beautiful, Submission 9; Lighting Council of Australia, Submission 10; and Australian Network of Environmental Defender's Offices, Submission 17.

[2]        For example see: Australian Information Industry Association and Product Stewardship Australia, Submission 16.

[3]        Product Stewardship Australia and Australian Information Industry Association, 'Proposed legislation on e-waste and product stewardship give industry certainty', Media release, 3 May 2011, www.aiia.com.au/news/64160/Proposed-Legislation-on-E-waste-and-Product-Stewardship-Gives-Industry-Certainty.htm (accessed 6 May 2011).

[4]        Product Stewardship Australia and Australian Information Industry Association, 'Proposed legislation on e-waste and product stewardship give industry certainty', Media release, 3 May 2011.

[5]        For example see: Australian Food and Grocery Council, Submission 1; Global Product Stewardship Council, Submission 3; and Lighting Council of Australia, Submission 10.

[6]        Explanatory Memorandum, p. 12.

[7]        Lighting Council of Australia, Submission 10, p. 2.

[8]        Explanatory Memorandum, p. 7.

[9]        Clauses 19 and 39, Product Stewardship Bill 2011. In addition, as a matter of government policy, a regulatory impact assessment of the proposed regulations would also have to be satisfied. See Explanatory Memorandum, Product Stewardship Bill 2011, p. 16.

[10]      This list paraphrases clause 5 of the Product Stewardship Bill 2011.

[11]      See: Australian Food and Grocery Council, Submission 1; Global Product Stewardship Council, Submission 3; and National Association of Retail Grocers of Australia, Submission 20.

[12]      Mr Tony Mahar, Director, Sustainable Development, Australian Food and Grocery Council. Proof Committee Hansard, 13 April 2011, p. 2.

[13]      For example see: Proof Committee Hansard, pp 31, 43–44; National Association of Retail Grocers Australia, Submission 20.

[14]      Mr Rod Welford, Chief Executive, Australian Council of Recycling, Proof Committee Hansard, 13 April 2011, p. 31.

[15]      For example see Vinyl Council of Australia, Submission 4.

[16]      Mr Tony Mahar, Director, Sustainable Development, Australian Food and Grocery Council. Proof Committee Hansard, 13 April 2011, p. 2.

[17]      Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, Department of Sustainability, Environment, Water, Population and Communities (DSEWPAC), Proof Committee Hansard, 13 April 2011, p. 42.

[18]      For further detail on the process a product must pass through before being regulated under the Act, see Department of Sustainability, Environment, Water, Population and Communities, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 6.

[19]      See: Ms Rebecca Brown, Manager, Waste and Recycling, WALGA, Proof Committee Hansard, 13 April 2011, p. 27; and Mr Jeff, Executive Director, Total Environment Centre and Boomerang Alliance, Proof Committee Hansard, p. 17.

[20]      Mr Jeff Angel, Executive Director, Total Environment Centre and Boomerang Alliance, Proof Committee Hansard, p. 17.

[21]      Australian Industry Group, Submission 5, p. 3.

[22]      Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, DSEWPAC, Proof Committee Hansard, 13 April 2011, p. 36.

[23]      Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, DSEWPAC, Proof Committee Hansard, 13 April 2011, p. 36. A scheme to cover end of life tyres failed to qualify for regulation as it would not deliver a net benefit to the community. The department is currently working with the industry to develop a voluntary product stewardship scheme.

[24]      For example see: Australian Local Government Association, Submission 11; Western Australian Local Government Association, Submission 12; and Local Government Association of Tasmania, Submission 15.

[25]      Mr Tony Mahar, Director, Sustainable Development, Australian Food and Grocery Council. Proof Committee Hansard, 13 April 2011, p. 3.

[26]      Mr Rod Welford, Chief Executive, Australian Council of Recycling, Proof Committee Hansard, 13 April 2011, p. 30.

[27]      Mr Tony Mahar Director, Sustainable Development, Australian Food and Grocery Council. Proof Committee Hansard, 13 April 2011, p. 3.

[28]      Australian Local Government Association, Submission 11, pp 1–2.

[29]      Mr Jeff Angel, Executive Director, Total Environment Centre and Boomerang Alliance, Proof Committee Hansard, p. 15.

[30]      Waste Avoidance and Resource Recovery Act 2001 No. 58, section 15.

[31]      New South Wales Department of Environment, Climate Change and Water (DECCW), NSW Extended Producer Responsibility Priority Statement 2010, December 2010, p. 1, www.environment.nsw.gov.au/resources/warr/101012EPRrpt.pdf (accessed 6 May 2011).

[32]      In 2011 the functions of the NSW Department of Environment, Climate Change and Water were transferred to the NSW Office of Environment and Heritage.

[33]      The NSW priority statement goes beyond the legislative requirements of flagging certain products for implementation by listing 'wastes of concern' that puts those industries on notice to take greater responsibility for management of their products at end of life.

[34]      DECCW, Extended Producer Responsibility Statement 2004, www.environment.nsw.gov.au/warr/EPRPriority2004.htm (accessed 6 May 2011).

[35]      EPR Reference Group, Report on the Implementation of the NSW Extended Producer Responsibility Priority Statement 2004, September 2005, www.environment.nsw.gov.au/resources/warr/2005250_epr2004_ergrpt.pdf (accessed 6 May 2011)

[36]      For priority statements for each year see DECCW, Extended Producer Responsibility, www.environment.nsw.gov.au/warr/EPR.htm (accessed 6 May 2011).

[37]      DECCW, NSW Extended Producer Responsibility Priority Statement 2010, December 2010, p. 1.

[38]      DECCW, NSW Extended Producer Responsibility Priority Statement 2010, December 2010, p. 3.

[39]      Mr Jeff Angel, Executive Director, Total Environment Centre and Boomerang Alliance, Proof Committee Hansard, 13 April 2011, p. 15.

[40]      Mr Russ Martin, President, Global Product Stewardship Council, Proof Committee Hansard, 13 April 2011, p. 20.

[41]      Mr Russ Martin, President, Global Product Stewardship Council, Proof Committee Hansard, 13 April 2011, p. 20.

[42]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 13.

[43]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 13.

[44]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 8.

[45]      Environment Protection and Heritage Council, National Waste Policy Strategy Cluster 1, Product Stewardship Working Group, Terms of Reference, www.ephc.gov.au/sites/default/files/WG_1__Product_Stewardship__ToR_Dec2010.pdf (accessed 9 May 2011).

[46]      For an overview of each products assessment see the Environment Protection and Heritage Council website, Product Stewardship, www.ephc.gov.au/stewardship (accessed 9 May 2011).

[47]      Environment Protection and Heritage Council, National Waste Policy: Less waste, more resources, Implementation Plan, July 2010, pp 13–19.

[48]      For example see: Total Environment Centre, Submission 13; and Australian Network of Environmental Defender's Offices, Submission 17.

[49]      Australian Network of Environmental Defender's Offices, Submission 17, pp 2–3.

[50]      Australian Network of Environmental Defender's Offices, Submission 17, pp 2–3.

[51]      Ms Rebecca Brown, Manager, Waste and Recycling, WALGA, Proof Committee Hansard, 13 April 2011, p. 26.

[52]      New Zealand Ministry for the Environment, The Waste Advisory Board, www.mfe.govt.nz/issues/waste/advisory-board/index.html (accessed 6 May 2011). The Advisory Board is established under the Waste Minimisation Act 2008 (NZ).

[53]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 17.

[54]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 17.

[55]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 17.

[56]      For example see: Australian Industry Group, Submission 5; and Total Environment Centre, Submission 13.

[57]      Total Environment Centre, Submission 13, p. 1.

[58]      Total Environment Centre, Submission 13, p. 1.

[59]      South Australian Government, Submission 19, p. 2.

[60]      For information on the Waste to Resources Policy see Environment Protection Authority South Australia, Environment Protection (Waste to Resources) Policy 2010, www.legislation.sa.gov.au/LZ/C/POL/ENVIRONMENT%20PROTECTION%20%28WASTE%20TO%20RESOURCES%29%20POLICY%202010.aspx (accessed 4 May 2011).

[61]      South Australian Government, Submission 19, p. 5.

[62]      The bill would allow national deposit schemes (known under the bill as 'product return payment' schemes). See paragraph 37(3)(f) and subclauses 37(5)–(6).

[63]      See: Explanatory Memorandum, Product Stewardship Bill 2011, p. 11; and clause 9 of the bill.

[64]      Explanatory Memorandum, Product Stewardship Bill 2011, p. 11.

[65]      Subclause 9(1).

[66]      DSEWPAC, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 6.

[67]      See: Keep Australia Beautiful NSW, Submission 8; and Total Environment Centre, Submission 13.

[68]      Keep Australia Beautiful NSW, Submission 8, p. 1.

[69]      Keep Australia Beautiful NSW, Submission 8, p. 1.

[70]      Keep Australia Beautiful NSW, Submission 8, p. 1.

[71]      Keep Australia Beautiful NSW, Submission 8, p. 1.

[72]      Total Environment Centre, Submission 13, p. 1.

[73]      Mr Jeff Angel, Executive Director, Total Environment Centre and Boomerang Alliance, Proof Committee Hansard, p. 18.

[74]      Clause 4, subsection 2(e).

[75]      Senator Mary Jo Fisher, Proof Committee Hansard, 13 April 2011, pp 6, 21, 38–39.

[76]      Australian Chamber of Commerce and Industry, Submission 24, p. 2.

[77]      Australian Chamber of Commerce and Industry, Submission 24, p. 2.

[78]      Ms Jenny Pickles, General Manager, Packaging Stewardship Forum, Australian Food and Grocery Council, Proof Committee Hansard, p. 6.

[79]      DSEWPAC, Additional information received, p. 3.

[80]      MS2 and Perchards, Product Stewardship in North America and Europe, June 2009, www.environment.gov.au/settlements/waste/publications/pubs/product-stewardship-na-eu.pdf (accessed 6 May 2011); and Institute of Sustainable Futures, University of Technology Sydney, Product Stewardship Schemes in Asia: China, South Korea, Japan and, Taiwan, July 2009, www.environment.gov.au/settlements/waste/publications/pubs/product-stewardship-asia.pdf (accessed 6 May 2011).

[81]      DSEWPAC, Additional information received, p. 3.

[82]      DSEWPAC, Additional information received, p. 3.

[83]      DSEWPAC, Additional information received, pp 3–4.

[84]      DSEWPAC, Additional information received, p. 6.

[85]      DSEWPAC, Additional information received, p. 6.

[86]      Intellectual Property Committee, Business Law Section, Law Council of Australia, Submission 25.

Coalition Senators' additional comments

[1]        Explanatory Memorandum, p. 2.

[2]        Environment Protection and heritage Council, National Waste Policy: Less waste, more resources, November 2009.

[3]        Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, Department of Sustainability, Environment, Water, Population and Communities (DSEWPAC), Proof Committee Hansard, 13 April 2011, p. 39.

[4]        Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, DSEWPAC, Proof Committee Hansard, 13 April 2011, p. 40.

[5]        Mr Tony Mahar, Director, Sustainable Development, Australian Food and Grocery Council, Proof Committee Hansard, 13 April 2011, p. 6.

[6]        Mr Jeff Angel, Executive Director, Total Environment Centre and boomerang Alliance, Proof Committee Hansard, 13 April 2011, p. 16.

[7]        Dr Diana Wright, First Assistant Secretary, Environmental Quality Division, DSEWPAC, Proof Committee Hansard, 13 April 2011, p. 36.

[8]        Mr Tony Mahar, Director, Sustainable Development, Australian Food and Grocery Council. Proof Committee Hansard, 13 April 2011, p. 5.

[9]        Mr Tony Mahar, Director, Sustainable Development, Australian Food and Grocery Council. Proof Committee Hansard, 13 April 2011, p. 6.

[10]      Mr Russ Martin, President, Global Product Stewardship Council, Proof Committee Hansard, 13 April 2011, p. 22.

[11]      National Association of Retail Grocers of Australia, Supplementary Submission

Appendix 3 - Assessment process for a class of product to be covered by a product stewardship scheme under the Act[1]

[1]        Department of Sustainability, Environment, Water, Population and Communities, Answer to questions taken on notice, 13 April 2011 (received 21 April 2011), p. 6.

[2]        These are drawn from the National Waste Policy.  They include, for example, actions related to recycling of products.