Decision Regulation Impact Statement – Council of Australian Governments
The Council of Australian Governments (COAG) has agreed to the permanent exemption of the New South Wales (NSW) Container Deposit Scheme (CDS) from mutual recognition arrangements – implemented through the Mutual Recognition Amendment (NSW Container Deposit Scheme) Regulations 2017 and Trans‑Tasman Mutual Recognition (NSW Container Deposit Scheme) Regulations 2017.
As beverage containers are the largest single litter type by volume, the NSW Government determined a CDS is the appropriate strategy to reduce the volume of litter in NSW. A beverage CDS scheme involves redeemers returning empty beverage containers to a redemption point for recycling and a refund. The CDS is intended to increase the rate of beverage container recycling and reduce the tendency to litter through positive behavioural change. As 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, the NSW Government sought permanent exemption from mutual recognition arrangements.
The Regulation Impact Statement (RIS) assessed that the CDS is low cost and aligns with existing schemes in the Northern Territory and South Australia as well as proposed schemes in Queensland and the Australian Capital Territory. In addition, it would deliver a net benefit to the NSW economy and have negligible impacts outside the state.
The NSW Environment Protection Authority prepared the Decision RIS. The RIS was assessed as compliant by the Office of Best Practice Regulation. The NSW Environment Protection Authority previously released a Regulation Impact Statement for Consultation.