| NSW Container Deposit Scheme: End of Transition Period 1 December 2019 I am writing to bring your attention to the forthcoming deadline for beverage containers supplied in NSW to show the NSW refund marking, and to seek your assistance to communicate this obligation to the NSW beverage retailers in your network. End of transition period: 1 December 2019 When the NSW Container Deposit Scheme (CDS) was implemented on 1 December 2017, all first suppliers of beverages into NSW became obligated to register their eligible containers with the scheme. At the same time a transition period was established to minimise disruption to businesses resulting from the introduction of the CDS. The transition period gives suppliers two years to make the necessary changes to cans, labels and barcodes needed to comply with the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (“the Regulation”). During transition, penalties do not apply to suppliers and retailers who supply registered containers that do not comply with the Regulation. The transition period is legislated through the Schedule 2 Part 1 Provisions of the Regulation with reference to the Waste Avoidance and Resource Recovery Act 2001 (the Act) and the Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 (section 39 of the Act). Retailer obligations On 1 December 2019, the transition period will end and section 39 of the Act will commence, providing obligations and substantial penalties for all suppliers, including retailers, who sell eligible beverage containers that do not show the NSW refund marking. Section 22B of the Regulation prescribes that the refund marking must contain the words below in clear and legible characters: “10c refund at collection depots/points in participating State/Territory of purchase” This does not affect beverages/containers that are excluded from the scheme. Why is this important? Labelling plays an important role in helping consumers understand which containers are eligible for refunds at approved collection points. To make it easier for suppliers to comply with the Regulation, the NSW refund marking has been agreed to by with all States and Territories that currently have Container Deposit Schemes. Displaying the correct refund marking is an important step to encourage consumers to return their containers to approved collection points. Correct refund labelling will help to minimise consumer confusion, maximise the number of eligible containers returned, and reduce the amount of beverage container litter in NSW. From 1 December 2019, all containers supplied in NSW must be compliant with the Regulation. After that date, active compliance measures may be pursued where necessary to ensure that all registered containers meet the legislated requirements. The EPA’s role The NSW Environment Protection Authority (EPA) plays an important compliance role to ensure Return and Earn meets its objectives. In particular, the EPA is responsible for ensuring that containers registered with the Scheme comply with the regulations prescribed by law. It is the EPA’s preference that all registered containers are compliant before the end of the transition period so that the EPA does not need to use its powers of enforcement to ensure compliance. Please note, these regulatory obligations apply to ALL retailers of eligible beverages in NSW. Return and Earn a success Prior to the introduction of the scheme, beverage containers accounted for the largest proportion of litter by volume in the State. The NSW community has embraced the scheme by returning more than 1.8 billion containers since return points opened on 1 December 2017 and helping to reduce the volume of eligible beverage container litter by 44%. Contact The EPA’s CDS Compliance Team is communicating with registered suppliers to encourage them to make sure beverage containers are compliant as soon as possible. I have attached a fact sheet outlining the responsibilities of beverage retailers in NSW. I encourage you to share this information across your network to ensure that NSW businesses can make informed decisions in preparation for 1 December 2019. If you would like to discuss this letter or any other matter, please contact me by email Kate.Doutney@epa.nsw.gov.au or by phone (02) 8275 1566. Yours sincerely Kate Doutney A/ Unit Head, CDS Compliance NSW Environment Protection Authority |
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