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							Metropolitan Waste Management Group Submission
Product Stewardship Legislation Consultation Paper




Background

The Metropolitan Waste Management Group (MWMG) is a Victorian state agency,
established on 1 October 2006 under the Victorian Environment Protection (Amendment) Act
2006. It is the successor in law to four former Regional Waste Management Groups.

In general terms, MWMG is responsible for coordinating municipal waste management
activities in Melbourne on behalf of the 30 metropolitan Councils it represents. Among other
things, this function involves:

   advising metropolitan councils on best practices in municipal waste management and
    resource efficiency

   entering into and managing contracts and arrangements to develop and facilitate waste
    management services for metropolitan councils

   assessing the need for, and planning for, municipal waste management infrastructure
    and landfills in metropolitan Melbourne

The Metropolitan Waste Management Group (MWMG) welcomes and supports the product
stewardship framework and legislation under the auspice of the National Waste Policy that
creates a shared responsibility for the recovery of products and resources. The proposed
legislation, at a federal level, will ensure a nationally consistent approach to reducing
hazards, avoiding wastes and encouraging the recovery and recycling of products and
materials.

Metropolitan Waste and Resource Recovery Strategic Plan (2009)

MWMG has had a significant role in the development of the Metropolitan Waste and
Resource Recovery Strategic Plan March 2009 (MWRRSP). The MWRRSP has been
developed to further deliver on key targets and intentions of Towards Zero Waste (TZW) for
Metropolitan Melbourne. In particular, these include encouraging the recovery and reuse of
different materials; Victoria becoming a flagship for progress in resource recovery
technologies, services and infrastructure; and improvement of recycling and efficiency in
resource use.

The Australian Governments ratification of the Kyoto Protocol in 2007 and National Waste
Policy: Managing Waste to 2020 May 2009, has set significant policy imperatives for all
levels of Government and the waste sector to reduce the amount of waste generated and
increase opportunities for recovery and recycling. A likely introduction on the price of carbon
will add further policy imperatives for action on product stewardship.

Population growth in Victoria is driving changes and new challenges in the waste sector.
Victorians continue to produce increasing amounts of wastes each year. In 2006-2007
over 10.3 million tones of waste was produced in Victoria with some 7.4 million tones in
Metropolitan Melbourne.      Towards Zero Waste has set targets for the waste sector to
ensure Victorians minimize the amount of waste generated and maximize the opportunity for
re-use, recycling or energy generation by 2014. Targets of at least a 65% recovery rate of
Municipal Solid Waste, 80% recovery rate for Commercial and Industrial Waste, and 80%
recovery rate for construction and demolition waste have been set.



                                                                                                  Page 1
                      Metropolitan Waste Management Group • ABN 64 480 279 309
      Level 4 • 28 Clarendon Street • Southbank 3006 • PO Box 72 • World Trade Centre • Victoria 8005
        t 03.8698.9800 • f 03.9699.3840 • e metro.waste@mwmg.vic.gov.au • www.mwmg.vic.gov.au
Metropolitan Waste Management Group Submission
Product Stewardship Legislation Consultation Paper


We are now in the fourth year of the 10 year plan under Towards Zero Waste and its target
and policy objectives should be supported by all arms of Government to ensure the
community and waste industry meet the 2014 targets and deliver the significant reductions
needed while also maximizing the opportunity for re-use, recycling or energy generation.

The proposed product stewardship legislation responds directly to the challenge set by
current TZW targets by providing for a uniform national approach that will initially focus on e-
waste, TV and electronics. This will help to gauge the effectiveness of the proposed
collection and regulatory system approved and its ability to be both flexibleand transparent in
a changing international, social environmental and economic context.

Local Government are directly involved in waste collection and recovery and are likely to be
implicated in many product stewardship schemes. Key consultation by MWMG with Local
Government by MWMG on product stewardship arrangements have highlighted the need for:

        Options which include a fast implementation time, high recovery/recycling rates,
         minimal layers of administration, and options for full cost recovery for Local
         Government, would be preferred

        Any legislation or policy should also include flexibility to accommodate a diverse
         range of collection methodologies to ensure equitable social and geographical
         coverage, and also clearly define the roles and the responsibilities of Local
         Government regarding collection, storage and disposal

        Extensive consultation with Local Government on the most appropriate and cost
         effective collection, storage and drop-off options should be carried out before
         legislation is finalised. In Victoria, a transition between existing computer recovery
         pilot schemes and any new scheme for TVs and computers should offer continuous
         provision of service to the community

        An assurance that any financial shortfall should be covered to assist Local
         Government in implementing recovery of any large influx of items at the beginning of
         the scheme should be built in to the policy.

MWMG made a detailed submission to the “EPHC Consultation Regulatory Impact
Statement Televisions and Computers” in 2009. The key issues identified in that
submission have been restated below in relation to the current consultation paper
particularly around TV and Computer Industries.

   A sustainable approach to e-waste, which optimises resource recovery, minimises
    environmental damage and capitalizes on opportunities to improve resource recovery
    infrastructure, is of fundamental importance.

   Televisions and computer monitors are becoming increasingly interchangeable, with
    many newer LCD/plasma screens capable of functioning as either (or both
    simultaneously with appropriate computer processing capacity). The tendency towards
    integrated TVs and computer monitors suggests that a seamless interface with
    consumers should be provided to encourage maximum recovery of end-of-life TVs and
    computers.

   MWMG suggests that any national approach to managing e-waste should be part of a
    full life cycle approach to managing all e-waste. The full life-cycle approach should

                                                                                                    Page 2
                        Metropolitan Waste Management Group • ABN 64 480 279 309
        Level 4 • 28 Clarendon Street • Southbank 3006 • PO Box 72 • World Trade Centre • Victoria 8005
          t 03.8698.9800 • f 03.9699.3840 • e metro.waste@mwmg.vic.gov.au • www.mwmg.vic.gov.au
Metropolitan Waste Management Group Submission
Product Stewardship Legislation Consultation Paper


    involve product stewardship and not be constrained to only include extended producer
    responsibility. Due to the hazardous nature of electrical scrap in landfill, any scheme
    adopted should be able to be implemented and modified quickly to include other types of
    e-waste.
   With the full switchover of analogue to digital TV due by 2013 in Australia, there is an
    increasing urgency to formulate and implement policy for end-of-life TVs and computers
    to manage the surge of TVs that will reach the end of their life.

   There appears to be a potential issue in the respect that items that are currently in
    storage are likely to be presented en masse at the start of a new collection/drop off
    scheme. A previous trial collection of TVs in Melbourne demonstrated this effect. The
    term „end-of-life‟ in the RIS relates only to items that are recycled or landfilled. It
    excludes those that are stored (or reused) as these are not considered to be „end-of-life‟.
    There is an inherent risk that consumers will interpret „end-of-life‟ as simply being at the
    point they have ceased to use the product, and therefore dispose of it for recycling or
    landfill through the end-of-life scheme. This would result in items that could potentially
    be reused entering the recycling stream when reuse would be preferable.

   To enhance the environmental benefits the policy should facilitate the inclusion of reuse
    and refurbishment avenues. This may mean considering a more complex model of
    collection, storage and transport than has been used here.

   Nationally consistent signage should be developed for statutory use at waste
    disposal/resource recovery facilities/drop-off points, to assist with communications to
    residents and aid the education process. Consistent and standardised signage has
    historically been shown to increase the benefits of recycling schemes.


Product Stewardship Schemes

Structure of Legislation

The consultation paper details how the Bill will provide for a three tiered approach:
Voluntary, Co regulatory, Mandatory with a detailed product criteria and assessment process
to determine applicability. This three tiered system with defined product criteria and an
assessment processes is supported by MWMG. The real challenge will be in the
implementation, administration of regulation and deciding what combination of products and
system should be supported.


Voluntary Approach
It is important that any voluntary scheme focuses on the outcomes achieved and ensures a
high level of consumer confidence in its operation. The issues of schemes that do not
perform to the standards required needs be clearly dealt with by the legislation providing a
process to address non compliance. If voluntary schemes are not working they may need to
be transitioned to either a co-regulatory or mandatory scheme and pathways for this to occur
need to be included in the regulation that enable a rapid transition.

Co-regulatory and Mandatory Approaches
Co regulatory and mandatory approaches require adequate performance objectives and
Government will need to establish and detail the underlying needs for such a scheme to
ensure industry, Local government and community understand why such an approach is
being implemented. The challenge for the framework legislation is to provide enough

                                                                                                  Page 3
                      Metropolitan Waste Management Group • ABN 64 480 279 309
      Level 4 • 28 Clarendon Street • Southbank 3006 • PO Box 72 • World Trade Centre • Victoria 8005
        t 03.8698.9800 • f 03.9699.3840 • e metro.waste@mwmg.vic.gov.au • www.mwmg.vic.gov.au
Metropolitan Waste Management Group Submission
Product Stewardship Legislation Consultation Paper


flexibility without leaving everything open for interpretation as individual schemes are
established. The provision for thresholds within the legislation would need to protect against
gaming behaviour which could require as much regulatory activity as making participation in
mandatory and co-regulated schemes absolute.

Product Selection

The establishment of schemes that provide for their products that are toxic or difficult to
handle (size and bulk, problematic with processing equipment etc.) should be prioritised.
More work is needed to clarify and resolve how the quantum of any problematic materials is
to be assessed. The legislation and supporting information needs to be clear on this.

Objectives

More clarity is needed on how a national product Stewardship approach will integrate with
existing legislation or regulation, including environmental, health and safety or other.

Rules and Responsibilities

MWMG supports the criteria “economic burden or jurisdictions” but needs further detail on
the criteria and process for this. How will Local Government be consulted to provide input
into any such assessment and what will be assessed?. Is it envisaged that there will be an
appeals or review mechanism for this or any other assessment criteria and process?

MWMG particularly supports the inclusion within the product criteria of “whether the product
places significant economic burdens on jurisdictions (including local government) for end of
life management”.

Conclusion

Having more effective product stewardship arrangements is clearly supported by MWMG
particularly for e-waste and TV‟s to assist in removing these products from municipal hard
waste collection services that traditionally deposit all goods collected to landfill.

The proposed scheme will ensure Victorian‟s waste collection and recovery system can
respond to the challenges for greater volumes of waste to be diverted from landfill while
maximizing the opportunity for re-use, recycling or energy generation.

If you have any queries in relation to this submission please contact Michelle Lee Town
Planner MWMG on 8698-9821 or email michelle.lee@mwmg.vic.gov.au.




                                                                                                  Page 4
                      Metropolitan Waste Management Group • ABN 64 480 279 309
      Level 4 • 28 Clarendon Street • Southbank 3006 • PO Box 72 • World Trade Centre • Victoria 8005
        t 03.8698.9800 • f 03.9699.3840 • e metro.waste@mwmg.vic.gov.au • www.mwmg.vic.gov.au