Consultation Regulation Impact Statement
The New South Wales Environment Protection Authority (EPA) has released for public consultation a Council of Australian Governments (COAG) regulation impact statement (RIS) examining permanent exemption from mutual recognition arrangements for the NSW Container Deposit Scheme (CDS).
The NSW CDS laws impose certain requirements on the sale of beverages that are not required in other jurisdictions or New Zealand that do not have a CDS. As such, the NSW CDS laws may be inconsistent with the Commonwealth mutual recognition laws, which allow goods that are lawfully sold in another jurisdiction or in New Zealand to be sold in NSW without any further requirements. NSW is seeking COAG agreement for the NSW CDS to be permanently exempt from the Mutual Recognition Act 1992 (Cth) and the Trans-Tasman Mutual Recognition Act 1997 (Cth).
The COAG RIS for consultation prepared by the NSW EPA has been approved by the OBPR.
The consultation period closes on 21 June 2017.