Annual Report 2010-2011 National Environment Protection Council
Tabled paper 1729
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
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National Environmental Protection Council annual report 2 0 1 0 2 0 1 1 229 SA U SE D PA C K A G IN G M A T E R IA L S South Australia Report to the NEPC on the implementation of the National Environment Protection (Used Packaging Materials) Measure for South Australia by the Hon. Paul Caica MP, Minister for Environment and Conservation, for the reporting year ended 30 June 2011. taking part in industry and public seminars to advise brand owners of their obligations should they choose not to join the Covenant. Reporting year Number of covenant signatories 200910 48 201011 43 Recovery data Only one brand owner has elected to comply with the EPP in South Australia; in 2010 they reported against their action plan for the 200910 period. The EPA conducted an assessment of the brand owners report against the EPP and they were deemed to be compliant. Supporting data Clause 18 of the NEPM(UPM) requires jurisdictions to carry out surveys of packaged products to ascertain the effectiveness of the measure in preventing free riding. Jurisdictions agreed to defer the Brand Owner Audit for this reporting period. The Brand Owners Survey Methodology was reviewed to take into consideration changes as a result of the new Australian Packaging Covenant and will be used for the 201112 reporting period. Complaints, investigations and prosecutions No complaints were received during this reporting period; all companies referred to the South Australian EPA by the Covenant Secretariat were deemed to be either under the brand owners threshold or will be required to ensure they meet the requirements of the EPP once the Used Packaging Materials NEPM has been re-made. Statement of interpretation of the information South Australia continues to implement this measure although the Used Packaging Materials NEPM expired on 30 June 2010 and South Australia is currently awaiting the re-make of the Used Packaging Materials NEPM in order to re-make the South Australian EPP which also expired on 30 June 2010. South Australia has promoted and supported the implementation of the Covenant. South Australia has also promoted the Covenant through many of its activities and by taking part in industry and public seminars to advise brand owners of their obligations should they choose not to join the Covenant. PART 1 IMPLEMENTATION OF THE NEPM AND ANY SIGNIFICANT ISSUES Legislative, regulatory and administrative framework On 30 June 2010 the National Environment Protection (Used Packaging Materials) Measure 2005 expired. On 25 June 2010 the National Environment Protection Council approved the variation to the National Environment Protection (Used Packaging Materials) Measure 2010 (the 2010 Minor Variation to the NEPM). Late in 2010, administrative issues were identified with the registration of the 2005 and 2010 minor variations to the Used Packaging Materials NEPM which could call into question the validity of the measure. In order to put the question of validity beyond doubt and provide certainty to the packaging industry, the NEPM is currently being re-made. The South Australian Environment Protection (Used Packaging Materials) Policy 2007 (EPP) also expired on 30 June 2010. Following the remake of the Used Packaging NEPM, South Australia will implement a revised EPP to ensure the continuation of the statutory requirements of the NEPM within South Australia. Implementation issues arising During this reporting period, four companies were referred to the Environment Protection Authority (EPA) by the Covenant Secretariat to enforce the obligations of the EPP. One company has an annual turnover of less than $5 million and therefore comes under the threshold and is not required to meet the requirements of the EPP. South Australia will contact the remaining three companies to advise them of their requirement to comply with the EPP once the Used Packaging Materials NEPM and EPP have been validated. The EPP has applied to one South Australian company that chose not sign the Covenant, and this company continues to demonstrate compliance with the EPP. PART 2 ASSESSMENT OF NEPM EFFECTIVENESS South Australia will continue to implement this measure within the SA legislative framework once the Used Packaging Materials NEPM has been re-made and validated. South Australia has continued to promote and support the implementation of the Covenant, and has been represented on national and jurisdictional bodies. South Australia has also promoted the Covenant through the South Australian Jurisdictional Projects Group and by