Container Deposit Scheme: Now the hard work begins

On 29 July 2017, the Minister for the Environment, Gabrielle Upton announced Exchange for Change and TOMRA-Cleanaway had been appointed to run NSW's new Container Deposit Scheme (CDS).

Under the scheme, the Exchange for Change, a joint venture of beverage suppliers, will act as scheme coordinator. The scheme coordinator will be responsible for the financial management of the scheme. This also includes making payments to Materials Recovery Facility (MRF) operators.

TOMRA, a global sensor based solutions provider and Cleanaway, a national waste management company, will act in partnership as network operator. In an interesting move, the NSW Government has appointed a single network operator to oversee the entire system. The network operator will be responsible for setting up the scheme and managing collection points across NSW. The rollout of collection points will be a complex endeavour, particularly where those collection points will require development consent due to size or location.

The CDS, due to commence 1 December 2017, will provide refunds of 10 cents in exchange for bottles and cans. It has been left to Councils and MRFs to negotiate the sharing of refunds on containers recycled from municipal kerbside collections.

Preparing for the CDS

To prepare for the introduction of the CDS:

  • MRFs should undertake audits/stocktakes and consider possible cost increases;
  • Councils should commence data gathering (eg by carrying out audits of kerbside collection waste streams); and
  • Councils and MRFs face significant negotiations ahead – they should commence discussions on the sharing of refunds now.

Further Information

Gavin Shapiro

I am with you, the whole way. I am in the trenches, supporting clients with their opportunities and challenges.

Gavin Shapiro Senior Associate

Gavin's practice encompasses both the litigation and transactional sides of environment and planning law. He has acted for private developers as well as Councils in the Land and Environment Court of NSW. He has also developed a particular expertise in the waste industry.

Gavin's expertise includes property development, planning, environmental law (particularly pollution and the waste industry), as well as regulatory/compliance and administrative law.

His clients include private developers, construction and industry clients, local Councils, Government agencies and State-owned corporations. He has represented clients in a number of cases in the Land and Environment Court of NSW including development appeals, compensation cases, civil enforcement proceedings and pollution prosecutions.

Gavin's transactional experience includes acting for many government clients in the procurement of waste and other services, drafting and negotiating VPA's for private developers and Councils, as well as advising both government and private clients on PPP's and infrastructure projects.

He has developed a particular expertise in the waste industry, focussing on procurement, regulation and enforcement and infrastructure delivery. This focus has led to him advising on environmental issues, projects such as the construction of new waste facilities, licensing, the waste levy, and the categorisation, disposal, and transportation of waste. As part of his pollution practice, Gavin also has significant experience in responding to incidents, including site management, EPA investigations, responding to notices and interviews, defending prosecutions, and disputes with contractors.

Gavin is a regular contributor to The Law Society Journal, Inside Waste Magazine and BEN Media.

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