Stakeholder Reference Group 12 July 2011 Overview of the Product - - PowerPoint PPT Presentation

Stakeholder Reference Group

 12 July 2011

www.environment.gov.au

Overview of the Product Stewardship legislation

Product Stewardship legislation

 The Bill was passed by the Australian Parliament on

22 June 2011.

 Will come into effect on a date fixed by proclamation (likely

early August).

 Paves the way for a range of products stewardship schemes –

voluntary, co-regulatory or mandatory.

 TVs and computers the first products to be covered under

the legislation.

 Regulations will need to be made to give effect to the

scheme

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Amendments to the Bill

 Tighten the “product stewardship criteria” which must be

satisfied before a class of products can be covered by the Bill

 Require the publication of an annual list of products being

considered for coverage under the Bill

 Require that generally 12 months must elapse between

publishing a notice that a class of products is being considered for regulation, and making regulations

 Establish an Advisory Group to advise the Minister on

products that should be considered for coverage under the Bill

 Remove the ability of the Commonwealth to designate, by

regulations, State and Territory laws as “excluded laws”.

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www.environment.gov.au

Outcome of the consultation process on the proposed regulations

Outcome of the consultation paper process

 Consultation process - 8 March to 8 April 2011  Public meetings held in 11 locations across Australia,

• ver 300 attendees

 62 submissions received

 Majority from local government (29%), recyclers (16%), state

government (15%), TV/computer industry (15%)

 98% of all submissions expressed support for

development of the scheme – only one individual

• pposed it

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Key points raised in submissions

 Lowering thresholds  Collection-for-recycling vs recycling target  Resource recovery  Local government – implementation and costs  Potential impact on small or charitable recyclers

Support:

 20% target starting point  Reporting and assessment/approval requirements  Available waste methodology (based on past imports)  Point of liability

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Next steps

 Analysis of submissions will be published online  Matters raised are informing the development of the

Regulations and associated guidance material

 Further consultation on exposure draft of the

Regulations

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www.environment.gov.au

Overview of the television and computer regulations

Television and computer Regulations

 Provide for a national collection and recycling scheme

for television and computer waste

 Will identify:

liable parties covered products outcomes to be achieved reporting, record-keeping and other requirements

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Liable parties (section 18)

 Companies that import or manufacture covered

products

 Small business protected by an import/manufacture

threshold

 Liable parties must be a member of an approved

Product Stewardship Arrangement

 Failure to meet this obligation could result in

substantial civil penalties

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Approved product stewardship arrangements (section 20)

 An arrangement is a set of activities or measures

designed to achieve the outcomes in the regulations

 Arrangements can have one member or multiple

members

 Arrangement administrators apply to have

Arrangements approved by the Minister/ Department

 Assessment includes consideration of:

Whether arrangement likely to achieve outcomes Whether operational requirements are met

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Arrangement administrator (section 23)

 Entity responsible for administering the

Arrangement on behalf of member liable parties

 Must be a body corporate (not an individual)  Must ensure all reasonable steps are taken to meet

• utcomes specified in the Regulations:
• Recycling target
• Australia-wide implementation

 Audited annual reports on performance  Directed audits, improvement notices, cancellation

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Consultation and timelines

Consultation on the television and computer Regulations

 Exposure draft of the regulations, together with an

explanatory document, is expected to be released in late August 2011

 A national consultation process on the proposed

draft regulations is scheduled for September 2011.

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CW dept consultation and approval Regs finalised Reg drafting Consultation - Exposure Draft Regulations Application and assessment phase Arrangements to commence services (with credit for early action by Administrator since Regulations came into effect) Enforcement phase against liable parties commences July 2012 – June 2013 First Target Period Bill passed by Parliament ExCo meeting Regs in effect Formal notice to liable parties: 6 months to become member

• f an approved

arrangement Regs tabled in Parliament & Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 11 11 11 11 11 11 11 12 12 12 12 12 12 12 12 12 12

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Timeline for the National Television and Computer Product Stewardship Scheme

Policy issues resolved Regs approved Implementation ‘goes live’ Closing date for applications Arrangement target calculated based on membership

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Key obligations in the Regulations

Proposed products to be covered

18 Product Description 2009 Decision RIS 2011 Proposed Regulations Television category

Televisions

 

Computers Complete PC/Personal Computers

 

Laptops and portable units

 

CPU

 

Computer Display (flat panel, CRT)

 

Printers (ink-jet, laser, dot matrix)

 

MFDs (ink-jet, laser, dot matrix)

 

19 Product Description 2009 Decision RIS 2011 Proposed Regulations

Computer Products / Peripherals Keyboards

 

Mouse

 

Scanners

 

Hard Drives

 

Internal Power Supplies

 

Web Cams

 

Speakers

 

Motherboards

 

Cards (including Network, Sound, Video and

• ther similar cards)

 

Joystick/Gamepads

 

External Power Supplies

 

Power Cords

 

Fans

 

Targets

 Targets will be set as a percentage of the waste

estimated to be generated in the year

 Waste estimated on the basis of recent net imports  Separate targets for TVs and computer products  Both targets will rise every year and reach 80% by 2021  Targets will be allocated to approved arrangements

based on market share

 Market share to be based on number of units imported

in each tariff code (converted to weight)

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Determining targets

 Need to determine a suitable starting point (Year 1

target) and pathway to 2021

 Consultation paper floated Year 1 targets of 20%,

consistent with Decision RIS modeling:

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Determining targets

 Underlying recycling rate is different to Scheme targets

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Point of Compliance

 Approved Arrangements will meet their target

when they achieve a certain outcome. This

• utcome could be:

1. Delivery to a recycling facility, under contract to recycle it 2. Actual recycling

 Under option 1, waste could be delivered, credits

claimed but the waste might never get recycled  Evidence would be required that recycling actually

happened

 Requirement not to landfill collected waste

 Under option 2, the Arrangement loses possession

and control over goods and timing of recycling  Lags may occur beyond Approved Arrangements control

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Next steps in determining targets

 Build set of conversion factors to attribute average

weight to tariff statistical codes (Perchards/MS2 consultancy)

 Resolve point of compliance  Settle on starting point and annual increments  Map capacity of recycling sector against proposed

trajectory

 Release exposure draft of Regulations for public

consultation

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Australia-wide coverage

 Key outcome to be achieved by Arrangement

Administrators

 Objective is to ensure that within 5 years, reasonable

access to collection services is available in metropolitan, regional and remote areas of Australia

 Reasonable access will be defined in the Regulations

using a set of metrics that must be achieved by each Arrangement Administrator

 Approach provides Arrangement Administrators with

flexibility in the type of collection services they offer, but also establishes an objective basis for the Regulator to assess for compliance

 Coverage will also be driven by target, but mainly in

populace areas

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Design of metrics for Australia-wide coverage

 A number of different options are under consideration,

building on earlier work of the Implementation Working Group and informed by feedback received during public consultations and from the Scheme SRG

 Metrics will establish consistent requirements for all

Arrangement Administrators

 Metrics will set the minimum provision of services in

metropolitan, regional and remote areas, as defined by the ABS Remoteness Classification Structure

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ABS Remoteness Classification Structure

3

Metrics under considered

 Metro areas: at least one service for every 250,000

people in each metro area

 Regional areas: at least one service within 100km of

every town of 10,000 people or more

 Remote areas: considering similar approach to regional

areas but with a minimum frequency of at least once every two years Currently undertaking further spatial analysis and mapping work to refine and test proposed metrics

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Assessment and approval

 Arrangement administrators need to seek approval

• f their arrangement

 Arrangements subject to review every 5 years  Approval requirements include:

 Governance (body corporate; membership requirements;

dispute resolution; risk management; fit and proper person)

 Financial viability  Ability to meet targets  Australia-wide coverage by 5 years 29

Assessment and approval

 Approval requirements:

 Free collection services for households  Acceptance of products regardless of brand, including

• rphan and historical waste

 Environment, health and safety  Communications  Monitoring and reporting processes 30

www.environment.gov.au

Update on the development

• f Standards and Code of

Practice

Australian/NZ Standard for e-waste

 Technical Committee establishing the ANZ Standard for the

collection, storage, transport and treatment of e-waste has been

• perating for three months.

 During this time the Committee has achieved the following:

Agreement that the Standard would include general requirements, collection, storage, transport, processing, handling, and re-use Establishment of a draft table of contents Proposed list of categories and products Agreement on a definition of ‘e-waste’

 Next steps – develop a draft Standard and formal public comment

period of 9 weeks

 For more information contact Standards Australia at

www.standards.org.au

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Code of Practice for OHS

 Currently no e-waste specific OHS statistics available

How do we ensure consistency in approach across the e-waste recycling sector? How do we measure the success of the ANZ Standard?

 January 2011 Caple and Associates report – Baseline

analysis of OHS incidents in the e-waste recycling industry 7 sites surveyed Data on reported OHS incidence and Workers Compensation Claims from 2007/08 to 2011 (February)

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Caple report findings

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 Inconsistency in

safe work practices and equipment supplied

 Inconsistency in

knowledge of workers

 Inconsistency in

data collected on incidents

Caple report recommendations

 Data collection of OHS Incidents and Workers

Compensation Claims should be standardised

 Consult with Safe Work Australia regarding”

Workplace Industry Code (WIC) setting of OHS requirements for the e-waste industry

 Education and OHS awareness program across the

e-waste recycling sector

 Guidance information on the selection, use and

maintenance of Personal Protective Equipment including gloves, forearm guards and masks

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Code of Practice for OHS

 Development of a proposal to Safe Work Australia to

develop a model Code of Practice for occupational health and safety in the e-waste recycling industry

 Seek to achieve the following outcomes:

national adoption clear articulation of minimum standards of performance delivery of appropriate standards, design rules, practical guidelines and other work health and safety issues to complement to ANZ Standard.

 Next Steps – development of a draft proposal with

stakeholder input

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Thank you