On June 22, the Product Stewardship Bill passed through the House of Representatives after a comprehensive review by the appointed Senate Committee. It is likely that the Bill will receive royal assent and be proclaimed in the near future.
'Product stewardship' requires that all parties in the production-supply-consumption chain share the responsibility of managing and reducing the environmental, health and safety footprint of manufactured goods and materials across their life cycle.
The evolution of a comprehensive national scheme addressing product stewardship began modestly in 1992 but developed strongly from 2008. Recognition of the need in Australia for a comprehensive product stewardship scheme, creating national consistency and bringing Australian legislation up-to-date with other jurisdictions led to the 2009 National Waste Policy. The policy set out 16 strategies for the reduction and management of waste in Australia over ten years, one of which was the development of this legislation.
The Bill introduces three types of schemes for managing and reducing the negative effects of products:
- voluntary
- co-regulatory
- mandatory.
Under the Bill, if products satisfy certain product stewardship criteria then the responsible Minister can regulate them under co-regulatory or mandatory arrangements.
After a consultation process, the Bill was introduced into the Senate in March 2011. The Bill was then subject to review by a Senate Committee, amended in the Senate before being passed by the House of Representatives unchanged. The amendments included:
- The creation of an Advisory Group with the role of advising the Minister of which products should be subject to schemes.
- Changes to the product stewardship criteria relevant to the Minister determining that a product should be subject to a scheme.
- The requirement that lists of products to be, or being considered to be, subject to co-regulatory or mandatory schemes be published annually and 12 months prior to regulations to require a product to be subject to a scheme coming into effect.
This Bill will have important ramifications for importers and manufacturers who trade in products that are in a national market and either contain hazardous substances, have potential for the recovery of resources or have environmental impact reduced. Local government may also be involved in the process of collection of products.
The Federal Environment Department is currently drafting regulations to support an industry-led co-regulatory scheme for collecting and recycling televisions and computers. Consultation with respect to the regulations closed on 8 March 2011. The regulations are expected shortly.
DLA Piper recently hosted roundtable discussions on the implications of this new legislation. Through our international offices we have access to European experts on product stewardship. Europe has had product stewardship regulation in place for almost ten years, including the Waste Electrical and Electronic Equipment Directive and the Restriction of Hazardous Substances Directive. By drawing on our expertise at both a national and international level, DLA Piper can help you prepare for Australia's product stewardship scheme through:
- providing advice on the implications of the proposed scheme on your business
- helping your business comply with the new legal regulations
- advising on any new opportunities the proposed scheme offers for your business.
Also, if you would like to attend further roundtables on this issue please click here.
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