Review of the Product Stewardship Act 2011 Consultation forum
Agenda The Department of Environment and • Welcome Energy is seeking input from industry, governments, community • Overview of review organisations and the general public to ensure the Product Stewardship Act • Learnings from the 2011 is effective and delivering the International best outcomes for business and the environment. Stewardship Forum • Best practice examples
Product Stewardship Act 2011 • Framework to effectively manage the environmental, health and safety impacts of products • Flexible and practical approach • Includes voluntary, co-regulatory and mandatory product stewardship • Sets out governance arrangements and reporting and auditing requirements • Supports the National Television and Computer Recycling Scheme (NTCRS), accreditation of voluntary arrangements and the Minister’s product list
Product Stewardship Act Review • Act required to be reviewed after five years following its commencement • First review of the Act • To ensure ongoing effectiveness of the Act and delivery of best outcomes • Seeking input from industry, government, community organisations and the general public ‒ Written submissions are strongly encouraged
Product Stewardship Act Review • Department is undertaking a range of related activities ‒ Minor amendments to the NTCRS ‒ Developing a Product Impact Management Strategy ‒ Reinvigorating the scheme for accreditation of voluntary product stewardship arrangements
Review Terms of Reference The Review will consider the degree to which the Act is enabling, and can enable, realisation of the benefits product stewardship can deliver to Australia’s towns, cities, the environment and economy. The review will address: 1. The extent to which the objects of the Act are being met and whether they remain appropriate. 2. The effectiveness of the accreditation of voluntary product stewardship schemes and the Minister’s annual product list in supporting product stewardship outcomes. 3. The operation and scope of the NTCRS . 4. The interaction of the Act with other Commonwealth, state and territory and local government legislation, policy and programs. 5. International and domestic experience in the use of product stewardship to deliver enhanced environmental, social and economic outcomes through product design, dissemination of new technologies and research and development.
The extent to which the objects of the Act are being met and whether they remain appropriate
Objects of the Act • Reducing the impact that products and substances contained in them have on the environment and people • This should be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products throughout their lifecycle, including by taking action that relates to the following: ‒ avoiding generating waste from products ‒ reducing or eliminating waste from products ‒ reducing or eliminating hazardous substances in products and in waste from products ‒ managing waste from products as a resource ‒ ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way. • To contribute to Australia meeting its international obligations to reduce impacts products have on the environment • To contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.
Questions for discussion Are the objects of the Act still relevant and appropriate? • Are there significant gaps in the objects and the product stewardship • criteria, e.g. are there possible outcomes of product stewardship schemes that would be desirable but would not fit under the existing legislation? Are existing product stewardship schemes such as the National • Television and Computer Recycling Scheme, and Australian Government accredited voluntary arrangements such as MobileMuster and Fluorocycle effective in addressing the objects? Is the design of the Product Stewardship Act a significant determining • factor, either positive or negative, in the effectiveness of product stewardship, or are other factors more important?
The effectiveness of the accreditation of voluntary product stewardship schemes and the Minister’s annual product list in supporting product stewardship outcomes
Revamping voluntary product stewardship accreditation • Accreditation process has been streamlined and simplified – Existing arrangements with demonstrated outcomes and capability will be able to use existing reports, audits etc. • Consider proposed outcomes in context – Interactions and expectations of stakeholders – Consultation with state and territory and local governments • Will consider greater use of conditions on accreditation • Importance of demonstrating value in accreditation
Questions for discussion Has the accreditation of voluntary product stewardship arrangements • been beneficial to those arrangements, their participants and stakeholders? What would support the development of greater value in the • accreditation process? How can the accreditation process for voluntary product stewardship • schemes better support the development of successful product stewardship schemes ? How can the development and use of the Minister’s annual product list • be enhanced?
The operation and scope of the NTCRS
National Television and Computer Recycling Scheme • Currently the scheme accounts for export of products for reuse through Improving accounting of export of lower scaling factors for IT products for reuse products • Benefit of reuse is therefore spread across all IT importers, so does not incentivise design or management of products for longer life • Unlike recycling, there is no requirement to report on reuse
National Television and Computer Recycling Scheme • Uneven distribution of recycling around the country • Different costs of collection Equitable access to collection services and recycling • Regional and rural areas can be difficult to service • How can we improve access and requirements? – minimum collection volumes? – minimum communication/ advertising requirements? – combination of both?
National Television and Computer Recycling Scheme • Factors to consider: – different collection, storage and transport needs Expansion of coverage to include other electrical – needs/expectations of public/local and electronic products govts/service providers – cost/benefit and RIS – Health and safety • Possible groupings of products: – TV peripherals and hi-fi – Other small domestic appliances – Batteries – Other products • How do other countries approach this? Eg WEEE in Europe?
National Television and Computer Recycling Scheme • Update reporting, particularly downstream processes and material flow Improving administration of the scheme • Auditing – Consistent audit standard – whole-of-scheme auditing across all co-regulatory arrangements • Cost recovery • Timeframes for reporting and compliance
Questions for discussion Are periodic updates to the scaling factors an adequate way of dealing with the export of • products for reuse, or should further consideration be given to direct reporting of export for reuse? Are periodic updates to product codes and conversion factors an adequate way of ensuring • the scheme remains accurate and fair for to liable parties, or should consideration be given to other approaches to allocating liability? Is intervention needed to ensure equitable distribution of collection services around • Australia? If so, what should be done? Should co-regulatory arrangements be required to report on the amount material sent for • energy recovery ? Should the amount of material able to be sent for energy recovery be increased beyond • the current, implied limit of 10 per cent? Should the scheme be expanded to include other products ? If so, what criteria should be • used to determine what the products should to be included, and what factors would need to be considered in expanding the scheme? Are there improvements you would like to see to the scheme's administration, monitoring • and compliance processes? If so, what are the highest priorities? Would you support legislative changes to enable administration of the scheme to be • underpinned by cost recovery ?
The interaction of the Act with other Commonwealth, state and territory and local government legislation, policy and programs
Interaction with Commonwealth, state and territory and local governments • Regulation and permitting of waste facilities, waste collection, transport and stockpiling – barriers, performance management • Standards affecting products and waste • Complementary programs • Supporting broader government objectives
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