Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source

I table a revised explanatory memorandum relating to the Recycling and Waste Reduction Bill 2020. I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

RECYCLING AND WASTE REDUCTION BILL 2020

This is the first time an Australian Government has developed new landmark recycling and waste legislation. This bill implements the agreement by all of Australia's governments to ban the export of waste plastic, paper, glass and tyres. It also incorporates the framework of the existing Product Stewardship Act 2011. It includes improvements to better regulate and encourage our businesses—those that design, manufacture, distribute and use products—to take greater responsibility for their environmental impacts.

The waste export ban is a once-in-a-generation opportunity to transform our waste management and recycling sector to collect, recycle, reuse and convert waste into a resource.

This reform is expected to see the Australian economy turn over an additional $3.6 billion and potentially generate $1.5 billion in economic activity over the next 20 years.

From an economic perspective, from an environmental perspective and from a moral perspective it is a resource that we need to manage effectively. Waste is not just an environmental problem to solve; it is an economic opportunity to create.

This bill establishes an important framework. It enables the making of legislative instruments needed to bring the waste export ban to life. In line with the timetable agreed by all of Australia's governments, rules will be in place to ban the export of waste glass by 1 January 2021, followed by mixed plastics from 1 July 2021; whole used tyres from 1 December 2021; single resin or polymer plastics from 1 July 2022, and mixed and unsorted paper and cardboard from 1 July 2024.

The legislation will take a stepped, targeted and measured approach to compliance and enforcement. Infringement notices will be issued for less serious offences, while serious enforcement measures may include civil penalties and criminal offences.

A person may be subject to a criminal offence or liable to a civil penalty if they:

If proven, penalties include imprisonment of up to five years or fines of up to $133,000 for an individual, depending on the breach. A company could be fined up to $666,000.

Product stewardship means considering the entire life cycle of a product. To reduce waste and meet the seven ambitious national targets within the National Waste Policy Action Plan, we need manufacturers and industry to lead the product stewardship charge.

They must genuinely consider their product through the 'life after use' lens—from design and materials used, through to recycling, remanufacturing and disposal.

On 9 July 2020, the government released the Review of the Product Stewardship Act 2011 and supported all 26 recommendations to improve product stewardship outcomes. A number of these recommendations will be taken forward with this legislation.

We will also strengthen the minister's priority list by adding clear time frames, recommended actions, and by increasing transparency around listed products.

The Government amendments that were passed by the House of Representatives will:

This bill provides the incentive for industries to act and to demonstrate leadership but it also sends a clear signal that the time to show that leadership is now.

Those industries that do not step up and do not take part can assume that the government will step in for them, and enforce its own regulatory scheme.

The legislation being introduced today is complemented by an unprecedented level of industry investment. This includes $190 million for the Recycling Modernisation Fund, which together with our actions under the National Waste Policy Action Plan will create 10,000 new jobs over the next 10 years – that is a 32 per cent increase in jobs in the Australian waste and recycling sector. In addition, the government is funding a number of new initiatives to transform our recycling industry and help Australia transition to a truly circular economy.

Australians care deeply about recycling, and they want to be confident that when they put things in their recycling bin, or deliver them to a collection centre, they will be repurposed effectively, and not dumped in landfill or simply sent overseas. With the export bans in place the items placed in our kerbside recycling bins will be re-used in roads, carpets, building materials and a range of other essential uses. At the same time, we need to stop throwing away tonnes of electronic waste and batteries each year and develop new product stewardship schemes to recycle valuable resources from the waste generated from these products.

We are setting clear expectations about the need to take responsibility for our waste, we are regulating, we are expanding the capacity of industry, we are investing in new ideas and new technologies and we are expanding markets for recycled products.

The reforms will grow our economy and our future prosperity and will ensure the sustainable use of our resources for future generations.

RECYCLING AND WASTE REDUCTION (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2020

The Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020 is a companion bill to the Recycling and Waste Reduction Bill 2020.

It will facilitate the smooth transition of the existing provisions of the Product Stewardship Act 2011 into the new legislative framework.

This Bill provides for the repeal the Product Stewardship Act 2011 to make way for the improved regulation of product stewardship within the framework of theRecycling and Waste Reduction Bill 2020.

This Consequential and Transitional Provisions Bill will do this by ensuring that arrangements to manage waste are transitioned appropriately, without disruption to industry or to the public.

Schedule One of this Bill repeals the whole of the Product Stewardship Act which will be replicated by Chapter Three of the Recycling and Waste Reduction Bill, with a number of improvements following the outcomes of the Product Stewardship Act Review. Chapter Three of the Recycling and Waste Reduction Bill will establish a new framework for voluntary,

co-regulatory and mandatory product stewardship to enable Australia to more effectively manage the environmental, health and safety impacts of products and a broader range of materials.

Schedules Two and Three of this Bill will provide for the continuation of existing accredited voluntary and co-regulatory arrangements for example the National Television and Computer Recycling Scheme. It will ensure that administrators of approved arrangements may continue their operations and do not have to re-apply for approval when the Recycling and Waste Reduction Bill commences.

Additionally, this Bill will provide that the existing Product Stewardship Regulations for the National Television Computer and Recycling Scheme, as in force immediately before the repeal of the Product Stewardship Act, will continue to have effect for the current financial year.

National Television and Computer Recycling Scheme administrators are already in the process of setting their outcomes, recycling targets and other obligations in respect of the 2020-21 financial year. This Bill will ensure no disruption is caused due to the repeal of the Product Stewardship Act and commencement of the Recycling and Waste Reduction Bill.

RECYCLING AND WASTE REDUCTION CHARGES (GENERAL) BILL 2020

The waste export ban will commence with the regulation of waste glass exports from 1 January 2021. This will be followed by mixed plastics from 1 July 2021, whole used tyres from 1 December 2021, single polymer plastics from 1 July 2022, and mixed and unsorted paper and cardboard from 1 July 2024.

Establishing and maintaining a robust system for implementing the waste export ban will come at a cost. The Government therefore proposes to charge regulated businesses for the effective administration of this scheme. Appropriate cost recovery encourages the efficient use of government services. It also allows public scrutiny of the costs of government activities.

The Recycling and Waste Reduction Charges (General) Bill 2020 is the first of three bills that provide an appropriate cost recovery mechanism for activities associated with regulating the export of certain waste materials.

Specifically, the Bill will enable the recovery of costs associated with program management and administration, verification, and risk and compliance activities for the waste export ban.

This Bill will sit alongside the Recycling and Waste Reduction Bill 2020 – that allows the Department of Agriculture, Water and the Environment to apply fees that recover the department's costs of those activities provided directly to relevant businesses – activities such as processing export licence applications.

The Bill does not itself set the amount of the charges and will not impose any financial impacts. The charges and who is liable and exempt from paying the charges will be set in regulations.

The Australian Government will undertake a comprehensive consultation process with affected businesses, in developing a Cost Recovery Implementation Statement, before imposing any fees and charges.

In accordance with the Australian Government Charging Framework, this Bill ensures the Minister for the Environment is satisfied that the amount charged will not be more than the likely cost of delivering the activity. This will provide affected businesses with confidence that the Government will not charge more than is necessary to recover the costs of operating this scheme.

Two companion bills are being introduced alongside this Bill: the Recycling and Waste Reduction Charges (Customs) Bill 2020, and the Recycling and Waste Reduction Charges (Excise) Bill 2020. This package of bills will ensure that transparent and fair cost recovery mechanisms are in place for administering the waste export ban.

RECYCLING AND WASTE REDUCTION CHARGES (CUSTOMS) BILL 2020

The Recycling and Waste Reduction Charges (Customs) Bill 2020 is the second of three bills being introduced to form the waste export ban charging legislative package.

The Recycling and Waste Reduction Charges (Customs) Bill 2020 will impose charges only when they are considered a duty of customs. The key provisions of the Bill mirror those in the Recycling and Waste Reduction Charges (General) Bill 2020 and have the same operative function and effect.

The Bill does not itself set the amount of the charges and will not impose any financial impacts. The amounts recovered by the charges, and the persons liable or exempt from paying them, will be set in regulations made under this Bill.

RECYCLING AND WASTE REDUCTION CHARGES (EXCISE) BILL 2020

The Recycling and Waste Reduction Charges (Excise) Bill 2020 is the final bill being introduced to form the waste export ban charging legislative package.

The Recycling and Waste Reduction Charges (Excise) Bill 2020 will impose charges only when they are considered a duty of excise. The key provisions of the Bill mirror those in the Recycling and Waste Reduction Charges (General) Bill 2020 and have the same operative function and effect.

The Bill does not itself set the amount of the charges and will not impose any financial impacts. The amounts recovered by charges, and the persons liable or exempt from paying them, will be set in regulations made under this Bill.

Debate adjourned.