The Beverage Container(s) Provisions of the Environment Protection Act, 1993, obligates manufacturers/wholesalers/distributors of beverages containers to SA, to demonstrate to the Authority that;

ฅ Such containers show a specific 'refund marking' statement as approved by the Authority.

ฅ Specific arrangements are in place to ensure that a satisfactory (state-wide) return/collection mechanism exists for the payment of (deposit) refunds to consumers.

ฅ Specific arrangements are in place to ensure that 'used' containers are either refilled or recycled in a manner which is acceptable to the Authority.

A Brief History of Container Deposit Legislation in South Australia

South Australia has a long history of recycling beverage containers dating as far back as the late nineteenth century. Prior to the introduction of the original Beverage Container Act in 1975, industry had already implemented a number of voluntary recycling/return mechanisms to facilitate the recovery and refilling of glass containers for beverages such as beer and soft drink.

Traditionally, consumers have obtained refunds on soft drink bottles from retailers whilst returning their beer bottles and other beverage recyclables to a Collection Depot for refund. The current network of Collection Depots was formed from a nucleus of bottle agents (previously known to many South Australians as 'Marine Stores') originally put in place by the Adelaide Bottle Company which has collected, washed and hired refillable glass 'Pick Axe' beer bottles to the South Australian Brewing Company, Coopers Brewery and others since 1897.

These early successful industry initiatives combined with the implementation of compulsory container deposit legislation for many beverages has ensured that South Australia has always enjoyed less beverage container litter and significantly higher return/recycling rates than other states in Australia.

Why Container Deposit Legislation?

By the 1970's the trend towards one-trip (non-refillable) beverage containers had reached South Australia. Unfortunately, due to industry's failure to implement voluntary return mechanisms for these new containers, this convenience packaging became a highly visual component of the litter stream. Instead of complementing the existing refillable glass bottle return system, the new 'throw away' containers posed a direct threat to the environment in particular the litter stream.

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The Beverage Container Act was repealed in 1995, it's provisions being incorporated into the Environment Protection Act, 1993 which became operational in 1995.

Deposit Refund Markings

The Act provides that a retailer may not sell a beverage in a container that does not have refund markings approved by the Authority. It also places a similar obligation upon persons who supply beverage containers to retailers for the purpose of resale (ie., manufacturers/wholesalers/distributors). The EPA maintains a close relationship with industry to ensure that these requirements are met.

Refund Amounts

The legislation provides a 10ข deposit for containers which are refundable at retailers and a 5ข deposit for containers that are refundable at Collection Depots. As retailers have always shown a strong reluctance to handle beverage containers, the trend for containers to be returned in this manner has diminished. For the majority of manufacturers/wholesalers/distributors, the choice of Collection Depots as a return mechanism provides a convenient alternative at minimal cost to the industry. Further,under the provisions, 'non-deposit' containers may not be given away for marketing or promotional purposes.

Return Mechanisms

Manufacturers/wholesalers/distributors must obtain Container/Labelling approval from the Authority prior to marketing a beverage in a container to which the Act applies. This approval is dependant upon a number of factors including confirmation by an applicant that a satisfactory collection system is in place to facilitate the payment of refunds to consumers at either Collection Depots or 'Points of Sale'. Further, the EPA must be apprised of any artwork intended to show the deposit refund statement on a container to ensure that it complies with its requirements. Applicants are urged to delay the printing of labels until such time as the EPA has commented upon the suitability of the proposed refund statement.

Penalties - Key Points

Expiation notices for breaches of the legislation may be issued where offences are detected. In some circumstances the Authority may recommend prosecution for a particular offence. Offences include;

ฅ The sale by a retailer of a beverage container not showing a 'refund marking' approved by the Authority.

ฅ Supplying a retailer (for the purpose of resale) a beverage container that does not show a 'refund marking' approved by the Authority.

ฅ Refusal by a retailer to refund the deposit value equal to the 'refund marking' on a particular container. (This applies only to containers with a 'refund marking' that indicates Points of Sale Return.)

ฅ Refusal by a Collection Depot to refund the deposit value equal to the 'refund marking' on a particular container. (This applies only to a container with a 'refund marking' that indicates Collection Depot Return.)

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