The Federal Government has now unveiled exposure draft rules, the Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2023, bringing a regulatory framework for the export of waste paper and cardboard.
Key takeouts
- From 1 July 2024, exporters of waste paper and cardboard will require a waste export licence.
- Records relating to the export of waste paper and cardboard must be kept for 5 years.
- It will be an offence to export waste paper and cardboard without, or in contravention of, a licence.
In 2020, the Federal Government released its Recycling and Waste Reduction Act 2020 (RAWR Act) to provide a framework to implement the agreement of all Australian governments to ban the export of waste which is implemented through a licensing and declaration scheme set out in rules associated with the RAWR Act. To date, the Federal Government has only released rules to regulate the export of waste glass, plastics and tyres. The release of an exposure draft of the Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2023 (the Rules) means a licensing and declaration scheme will soon apply to waste paper and cardboard.
Waste paper and cardboard cover by the Rules
The proposed Rules cover waste paper and cardboard that is either:
- Discarded, leftover, or surplus mixed and unsorted paper and cardboard resulting from various activities, including industrial, commercial, or domestic.
- The fibrous component of paper and cardboard as mentioned above.
However, certain categories of waste paper and cardboard are proposed to be exempt from the Rules:
- Items exported for personal or domestic use.
- Items imported temporarily and re-exported without alteration.
- Any waste deemed as hazardous as per the Hazardous Waste Act of 1989.
Conditions to export waste paper and cardboard
From 1 July 2024, the export of regulated waste paper and cardboard will be prohibited unless:
- The exporter holds a valid waste paper and cardboard export licence to export regulated waste paper and cardboard and submits to the Minister an export declaration for each consignment of regulated waste paper and cardboard that is exported;
OR
- The regulated waste paper and cardboard that is exported is a trade sample or exported for the purposes of testing or analysis and is less than 25 kg, in which case the exporter must notify the Minister, in writing, other the type, purpose, weight, and final destination (country and facility) of the waste being exported.
Failure to comply with the conditions of export is an offence and civil penalties apply under the RAWR Act.
Navigating the Export Licence Application
Applicants must specify a ‘waste paper and cardboard specification’ which are listed on the Department of Climate Change, Energy, the Environment and Water’s website. In the event that a proposed specification isn’t listed, the applicant for the licence must provide a detailed nomination of a new specification and ensure that the waste paper and cardboard intended for export complies with it.
Minister’s Assessment Criteria
The Minister’s assessment of licensing applications must focus on:
- The intended use of exported waste.
- The appropriateness of the nominated specification.
- The applicant’s processing capability.
- Detailed assessment if the nominated specification isn’t listed.
Export Licence Conditions
Holders of a waste paper and cardboard export licence must adhere to the following:
- Ensure waste complies with the mentioned specification.
- Maintain commercial relationships with both importer and supplier.
- Export only to specified locations.
- Limit contamination in waste, by weight, to 5% (before 1 July 2026) and 3% (after 1 July 2026).
- Keep the Minister informed of any change in associations related to the export process.
Keeping Records – A Must!
For every consignment, the following records are essential:
- Export declarations.
- Relevant evidence and photographs.
- Payment receipts from importers.
- All relevant documents showcasing compliance with the Act.
These records, predominantly in English, must be retained for five years, be clear, and open for audit. If not in English, a translation is necessary.
The proposed Rules showcase the Federal Government’s dedication to environmentally responsible export practices. By creating a comprehensive framework for waste paper and cardboard export, it reinforces the significance of recycling and waste management in today’s world. Businesses and stakeholders must be well-versed with these Rules to ensure smooth operations come July 2024.
If you are concerned about the proposed rules may affect your business, we recommend you contact us to discuss.
