Document ID: chunk:federal_register_of_legislation:F2011L02093:body:0:p6
Version: federal_register_of_legislation:F2011L02093
Segment Type: other
Provision Reference: 
Character Range: 14219–17206

commitments under the Covenant.

 (2) Participating jurisdictions should oblige brand owners to:
 (a) undertake or assure the systematic recovery of consumer packaging in which the brand owner's products are sold; and
 (b) undertake or assure the re-use, recycling or energy recovery of consumer packaging in which the brand owner's products are sold; and
 (c) demonstrate that all materials that have been recovered by them or on their behalf have been utilised through (in order of preference):
 (i) re-use in the packaging of the brand owner's own products (if applicable); or
 (ii) use within Australia as a secondary resource; or
 (iii) export as a secondary resource; and
 (d) demonstrate that reasonable steps have been taken to ensure that consumers are adequately advised as to how the packaging is to be recovered.

 (3) Participating jurisdictions should ensure that a brand owner can discharge their obligations under subclauses 2 (a), (b) and (c) above if the brand owner undertakes or assures the recovery and utilisation of used packaging materials which are of a size and type substantially the same as the packaging in which the brand owner's products are sold.

 (4) To determine the materials in respect of which the obligations will be imposed, participating jurisdictions should have regard to:
 (a) the practices of Covenant signatories; and
 (b) those materials collected for re-use, recycling or energy recovery whether in a kerbside recycling collection system or other materials recovery system; and
 (c) the state of technologies for re-use, recycling or energy recovery; and
 (d) any competition issues which may arise from including or excluding particular materials.

 (5) For subclause (2), the proportion of material required to be recovered and subsequently re-used, recycled or processed for energy recovery should not be arbitrary but should be established by reference to current national performance and targets specified in the Covenant.

 (6) The Council envisages that participating jurisdictions may wish to preserve the integrity of the Covenant from free riders in materials recovery systems by introducing measures such as an entitlement for a local government or its agent to recover from a brand owner the reasonable costs of collection, sorting and return of the brand owner's consumer packaging if the packaging is collected through materials recovery systems provided by the local government or its agent and the brand owner has not discharged their obligations under subclause (2) above.

 (7) Participating jurisdictions should facilitate transparency of charging for kerbside recycling collections by local government by removing any legislative barriers that prevent transparency.

10 Enforcement of National Environment Protection Measure Obligations

 (1) The Council envisages that brand owners will not be penalised for failure to discharge their obligations under clause 9 of these guidelines unless brand owners have first been