| 2016-08-16 13:32:00

Update on NSW

Container Deposit legislation

Process and Progress August 9, 2016

NSW is currently working on the many issues that need to be considered before the middle of next year.

There are six working groups looking at the various issues which are feeding into an “implementation” working group.

Overview of the scheme to date;

  • 10 cent refund per container
  • Scope of containers similar to the SA & NT legislation ( 150 ml 0- 3000 ml)
  • Statewide coverage for returns
  • Collection points to accept all impacted containers
  • NSW minister will appoint a scheme co-ordinator who will be advised by a “CDS” advisory committee

Yet to be determined;

  • Regulatory framework (expected release by 17 Aug 2016)
    • Act
    • Regulation
    • Administrative Guidelines
    • Contractual agreements (e.g. targets for the coordinator to achieve)
  • Single vs. Multiple co-ordinators
  • Targets (e.g. full access across state-recovery rate-reporting etc.)
  • Reporting requirement
  • Approvals
  • Penalties
  • Arrangements for redeeming containers at MRF’s
  • Greater than 100% redemption?
  • Responsible party is whoever is putting container in the marketNote CDS objectives have priority over cost.Implementation Process
  • Develop legislation – 28 days consultation
  • Act & Regulation passage through parliament (end Sept)
  • Establish CDS advisory committee
  • Selection and appointment of scheme co-ordinator or co-ordinators.
  • Scheme set up
    • Co-ordinator enters into agreement with suppliers, collection point operators, transporters & Material Recycling Facility operators
    • Supliers apply to E.P.A. for approval of containers, refund mark & waste management plans
    • E.P.A. approve collection pointNote; Only marked containers will be accepted, no stock piling, stock piling is a major concern and will be avoided.There will be an updated public statement when the draft legislation is released.
  • Scope of Containers
    • Exclusion containers under 150 ml
    • Plus same exclusions as SA


  • Sale of beverage in eligible containers will be prohibited unless;
    • The container is approved
    • It has a refund mark
    • It is recovered by waste management arrangement
  • Possible penalties include
    • Fines
    • Confiscation of product

Compliance will include at retail (checking shelves)

Note; E.P.A. trying to do a better job than SA to enforce returns i.e. no cross border or contaminants in returns

Approval process (currently by state)

  • Electronic submission
  • Application fee
  • Consistency with other jurisdictions
  • Key information such as material size, weight, product type, barcode.

Note; Time frame to approve products to be decided- One time approval process or annually ?


  • Refund mark must specify
    • Refund amount (10cents) and that the container must have been purchased in NSW to be eligible for the refund
    • Consistent with SA & NT
    • Capacity to incorporate Queensland without changing the label again, e.g. 10 cent refund at collection depots in participating states/ territories of purchase

Note; Phase in period “when would labelling requirement apply? Lead time on this needs resolving.

Obligations in scheme;

  • Contractual arrangement with scheme
    • Provide sales data and container information
    • Pay refunds
    • Cover scheme costs
    • Timing of payments
    • Monopoly powers/dispute resolution- possible penalties include
                  • Contractual remedies
                  • Removed from scheme-picked up under regulation
                  • Prohibition from sale

Auditing returns reporting still to be determined