Under the National Environmental Protection (Used Packaging Materials) Measure 2011 (NEPM)(opens in a new window), liable brand owners must:
- review their packaging materials
- show they're taking action to meet reuse and recycling targets.
There are 2 ways to meet your obligations as a liable brand owner if you operate in Victoria:
- become a signatory to the Australian Packaging Covenant(opens in a new window), or
- comply with the Environment Protection Regulations 2021(opens in a new window) for used packaging materials.
Who must comply with the NEPM
Your business is likely to have obligations under the NEPM if:
- you meet the requirements to be classified as a brand owner
- you have an annual turnover of more than $5 million, and
- you're in a supply chain that uses packaging or packaged products.
Every business is responsible for understanding their liability.
What is a brand owner
If the answer is yes to any of the following questions, then your business is likely to be a brand owner.
- Are you in the supply chain of consumer packaging – for example, an importer, supplier of raw material, manufacturer or wholesaler?
- Do you offer your branded products to consumers (final purchasers of the product, including packaging)?
- Are you the owner or licensee in Australia of a trademark under which a product is sold (whether the trademark is registered or not)?
- Are you the owner or licensee in Australia of a trademark that is distributed in Australia (whether the trademark is registered or not)?
- Are you a franchisor or franchisee in Australia?
- Are you the first person to sell an imported product in Australia?
- Are you a supplier of in-store packaging to retailers?
- Are you an importer or manufacturer of plastic bags?
- Are you a retailer who provides plastic bags to consumers for transportation of products purchased by consumers at the point of sale?
- Do you sell any product that is packaged?
- Is your product delivered or presented to your customer in any type of packaging?
- Do you repackage any product to send to your stores, warehouses or other locations?
- If you sell large machinery, do you sell parts that are packaged?
- Do you deliver your products using protective packaging?
If you are unsure, contact us or the Australian Packaging Covenant Organisation (APCO)(opens in a new window).
Brand audits
APCO conducts brand audits to identify businesses that may be liable brand owners. APCO may send you a letter to inform you of your packaging obligations and your options to comply with the NEPM.
Become a signatory to the Australian Packaging Covenant
We encourage all liable brand owners to become signatories to the Australian Packaging Covenant. You need to join APCO to become a signatory.
If you do not comply with APCO's membership requirements, APCO will refer your business to us for regulation.
Member benefits
Becoming a member provides several benefits to your business, including:
- access to member-only resources, such as case studies, webinars, technical guides, industry working groups, training and other advisory services
- support to meet your regulatory obligations through annual reporting and performance assessment tools
- use of the Packaging Recyclability Evaluation Portal to check and improve your packaging design
- licence to use the Australasian Recycling Label so consumers know how to dispose of your used packaging.
Learn more about member benefits(opens in a new window) on the APCO website.
Covenant obligations
Signatories to the Covenant must take action to reduce the impact of their packaging and work towards the 2025 National Packaging Targets. This includes:
- submitting and publishing an action plan and annual report
- implementing policies and procedures to reduce the environmental impacts of used packaging
- paying annual signatory fees.
Learn more about Covenant obligations(opens in a new window) on the APCO website.
Comply with the Environment Protection Regulations 2021
If you choose not to become a signatory to the Covenant, you must comply with the Regulations. Part 4.3 of the Regulations states the requirements for reusing and recycling used packaging materials.
Reuse and recycling requirements
You must make sure that the materials used in your packaging are recovered at a rate of at least 70% in each financial year. This rate applies for each of the following material categories:
- paper and cardboard
- glass
- steel
- aluminium
- plastics.
The 70% recovered materials may be:
- the packaging that you’re responsible for, or
- an equivalent amount of materials that are of the same size and type as the packaging that you’re responsible for.
You must make sure:
- you reuse or recycle the recovered materials
- if that's not possible, the materials are reused or recycled within Australia
- if that's not achievable, the materials are reused or recycled outside of Australia.
You must give consumers enough information about how the packaging can be recovered. This includes information about:
- where to take the materials for recycling
- how to reuse or recycle the materials.
You must also regularly review:
- the need for your packaging
- the design of the packaging.
APCO's Sustainable Packaging Guidelines(opens in a new window) can help with sustainable design and manufacture of packaging in Australia.
Record-keeping and reporting requirements
You must record the following information for each packaging material you use during a financial year, set out by material type:
- total weight of material used
- number of units of packaging
- total weight of material recovered
- total weight of recovered material reused and recycled in Australia
- total weight of recovered material reused and recycled outside Australia
- total weight of recovered material disposed of to landfill.
You must also record how you advised consumers in that financial year of how your packaging could be recovered.
Your business must report to us on used packaging materials by 30 September each year. Send your report to compliance.reporting@epa.vic.gov.au.
You must keep these records for 5 years and must make them available to us on request.
Penalties apply if you do not comply with the Regulations.
Privacy and commercial confidentiality
We maintain the confidentiality of commercially sensitive information, unless:
- you consent to its release
- we are legally compelled to release it
- the information is grouped in a way which conceals its source
- it's in the public interest to release it.
We may share information with our co-regulator APCO as part of the referral process or to help determine compliance.
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