Your business is likely to have a number of obligations under the National Environmental Protection (Used Packaging Materials) Measure 2011 (NEPM) if:
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you meet the requirements to be classed as a brand owner
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you have a turnover of more than $5 million annually
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you are in a supply chain that uses packaging or packaged products.
This page is designed to help you work out whether or not the NEPM applies to your business and, if so, what your obligations might be.
How to meet your obligations as a liable brand owner
There are two pathways to meet your obligations as a liable brand owner:
- Become a signatory of the Australian Packaging Covenant (the Covenant), or
- If your head office is in Victoria and you choose not be a signatory, then you must comply with EPA’s Environment Protection Regulations 2021 (the Regulations) for used packaging materials (Part 4.3).
EPA’s preference is that all brand owners are signatory to the Covenant. This is to ensure a nationally consistent approach. Liable brand owners who are not a signatory to the Covenant must meet compliance obligations under the Regulations.
Liable Brand owners who are not signatory of the Covenant must report information to EPA annually by the 30 September. The report must contain the complete list of packaging and reporting requirements set out in the Regulations. Submit reports to EPA at compliance.reporting@epa.vic.gov.au in Microsoft Word or Adobe format.
Information about the NEPM for used packaging materials
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The NEPM establishes a co-regulatory framework for implementing the Australian Packaging Covenant, a scheme to reduce the environmental effects of consumer packaging across Australia.
The Australian Covenant Packaging Organisation (APCO) and State and Territory Governments implement and administer the Covenant.
Under the Covenant brand owners with a gross annual income in Australia of more than $5 million must minimise the environmental impact of their packaging.
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Businesses that sign the Covenant prepare and implement Waste Action Plans. This is to take responsibility for the environmental impact and disposal of their packaging. The Covenant has a collaborative way to manage consumer packaging and paper products among:
Signatories to the Covenant automatically become members of APCO. APCO, supports industry to steer and transform the way packaging is managed in Australia.
Brand owner signatories have obligations to comply with the Covenant. These include but are not limited to:
- submitting and publishing an action plan and annual report, and
- implementing policies and procedures for reducing the environmental impacts of used packaging. APCO has more information.
How to work out if your business has obligations under the NEPM
About the Environment Protection Regulations 2021
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Part 4.3 of the Environment Protection Regulations 2021 (the Regulations) implements the National Environmental Protection (Used Packaging Materials) Measure 2011 (NEPM) in Victoria. The goals are to reduce environmental harm from the disposal of used packaging and to conserve virgin materials.
The Regulations encourage the reuse and recycling of used packaging materials in the voluntary strategies in the Australian Packaging Covenant (the Covenant).
The Regulations ensure that signatories to the Australian Packaging Covenant are not competitively disadvantaged by meeting their commitments under the Covenant.
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EPA is Victoria’s independent environmental regulator. We protect the environment and people's health by preventing and reducing harm from pollution and waste. This includes used packaging.
EPA regulates used packaging through Part 4.3 of the Regulations. The Regulations are how the National Environment Protection Measure (Used Packaging Materials) is implemented in Victoria. EPA may undertake audits and take compliance and enforcement action if a brand owner does not meet any of the requirements in the Regulations.
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If you are a brand owner with your head office in Victoria, have an annual gross income of more than $5 million and you are not a signatory of the Covenant, then you must comply with the Regulations.
Your business is required to meet recording and reporting requirements for all consumer packaging materials.
As a brand owner, you must make sure the materials used in packaging you’re responsible for are recovered at a rate of at least 70% in each financial year. This is for each category of material that you use. The categories of material are:
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paper and cardboard
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glass
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steel
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aluminium
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plastics.
The 70% recovered materials may be:
You must make sure you:
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reuse or recycle the recovered materials or
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if that is not practicable, the materials are reused or recycled within Australia or
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if that is not practicable, that the materials are reused or recycled outside of Australia.
You must also give consumers enough information about how the packaging may be recovered. This includes information about where to take the materials for recycling and how to reuse or recycle the materials.
You must make sure you regularly review the need for packaging and the design of the packaging.
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As an eligible brand owner, you must record this information for each packaging material used during each financial year:
- Total weight of material used by material type.
- Number of units of packaging by unit and material type.
- Total weight of material recovered by material type.
- Total weight of recovered material re-used and recycled in Australia by material type.
- Total weight of recovered material re-used and recycled by material type through export.
- Total kilojoules of embedded energy recovered.
- Total weight of recovered material disposed of to landfill.
- How consumers have been advised as to how packaging is to be recovered.
Liable brand owners who are not signatory of the Covenant must report this information to EPA annually by the 30 September. A reporting template will be available online in 2022, well before the reporting time of 30 September 2022. This will be for reporting only, you will need to decide what system will be best to for your business to collect all the relevant information through the financial year to support your final report. The reporting template will cover everything required as described in the Environment Protection Regulations 2021.
The report must include the complete list of packaging and reporting requirements set out in the Regulations. Submit reports to EPA by emailing compliance.reporting@epa.vic.gov.au with a Microsoft Word or PDF attachment.
About brand audits and APCO letters
Reviewed 30 September 2021