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Annual Report 2010-2011 National Environment Protection Council



Annual Report 2010-2011 National Environment Protection Council

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Tabled paper 1729


Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT




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Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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National Environmental Protection Council annual report 2 0 1 0 2 0 1 1 215 N SW U SE D PA C K A G IN G M A T E R IA L S New South Wales Report to the NEPC on the implementation of the National Environment Protection (Used Packaging Materials) Measure for New South Wales by the Hon. Robyn Parker MP, Minister for the Environment and Minister for Heritage, for the reporting year ended 30 June 2011. Supporting data Clause 18 of the NEPM requires jurisdictions to carry out surveys of packaged products to ascertain its effectiveness in preventing free riding. In 201011 NSW and other jurisdictions discussed and agreed on a consistent methodology. NSW will carry out the survey in August 2011. Complaints, investigations and prosecutions No complaint was received in relation to specific businesses. Statement of interpretation of the information Activity in NSW in the reporting period was affected by transition arrangements for the new Australian Packaging Covenant. NSW was not able to act until advice had been received from the Covenant Secretariat regarding businesses that may be in breach of the Covenant. This occurred in April 2011. NSW then delayed enforcement activity while administrative issues associated with the registration of the 2005 and 2010 minor variations were resolved. PART 1 IMPLEMENTATION OF THE NEPM AND ANY SIGNIFICANT ISSUES NSW amended Part 5B of the Protection of the Environment Operations (Waste) Regulation 2005 in March 2011 to underpin the new Australian Packaging Covenant. Provisions relating to reporting requirements are to commence in July 2011. In 201011 NSW enforcement action was held in abeyance as a result of transition processes to the new Covenant and procedures to remake the Used Packaging Materials NEPM. Specifically: - NSW enforcement action is dependent on advice from the Covenant Secretariat regarding the status of businesses that have re-signed or are noncompliant. The first advice was received in April 2011. - Enforcement action was further impacted following advice from the Commonwealth in 2010 that administrative issues were identified with the registration of the 2005 and 2010 Minor Variations to the Used Packaging Materials NEPM, which may call its validity into question. - In order to put the question of validity beyond doubt and provide certainty to the packaging industry and to jurisdictions regarding enforcement, the NEPM is being re-made. Public consultation on the NEPM commenced on 15 June 2011. PART 2 ASSESSMENT OF NEPM EFFECTIVENESS No enforcement action was undertaken in the reporting year, firstly as a result of both transition requirements to allow previous signatories to re-sign, and action to remake the NEPM. Reporting year Number of covenant signatories 200910 326 201011 281 Recovery data Nil (no brand owner was subject to record-keeping obligations under the NSW Regulation).

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