Understanding Australia’s co-regulatory framework for packaging
Australia has a mandatory national co-regulatory framework for used packaging established under the National Environmental Protection (Used Packaging Materials) Measure 2011 (NEPM-UPM). It creates obligations for liable businesses (known as brand owners) to design more sustainable packaging to increase recycling, reduce litter and progress action on the 2025 National Packaging Targets. This includes plastic, glass, paper, cardboard and metal packaging.
The NEPM-UPM applies to businesses in the packaging supply chain with a total annual turnover of $5 million or greater, including those that produce or sell packaging (or packaged products) to other businesses or individuals.
For more information on the framework, visit the Department of Climate Change, Energy, the Environment and Water.
Compliance pathways
Liable brand owners have two options to comply with the NEPM-UPM:
Become a signatory to the Australian Packaging Covenant (the Covenant) – join and comply with the industry-wide product stewardship scheme led by the Australian Packaging Covenant Organisation (APCO).
OR
- Be regulated by states and territories –states and territories implement the NEPM-UPM through their own legislation and regulations. Liable non-signatory brand owner’s that are headquartered (principle place of business or registered office) in Western Australia and trading in Australia, must comply with WA’s Environmental Protection (NEPM-UPM) Regulations 2013.
APCO conducts audits to identify potentially liable brand owners. Non-signatories to the Covenant, non-complying signatories and non-responding brand owners are then referred to the relevant state and territory authorities for compliance follow up.
WA supports the national consistency offered by the Covenant and encourages all brand owners to become signatories to the Covenant. As a member of APCO, brand owners are supported to meet their NEPM-UPM obligations and have access to member-exclusive resources and programs.
For information on obligations under the Covenant refer to APCO’s website.
Information for WA businesses – complying with the Regulations
Liable brand owners that are headquartered in WA and selling or distributing packaging (or packaged products) within Australia, that do not meet the exclusionary criteria listed under Pt II, s.5 of WA’s Environmental Protection (NEPM-UPM) Regulations 2013 have mandatory obligations. These obligations include but are not limited to:
- submission of an action plan to the CEO of the Department of Water and Environmental Regulation (the department) for approval (Division 2 – Action Plans)
- achieving an average recovery rate of 70 per cent for all consumer packaging in each financial year (Division 3 – Targets)
- record keeping requirements (Division 4 – Record Keeping).
Penalties may apply for liable brand owners who do not comply with these obligations and compliance notices.
Resources for WA businesses
In November 2020, the department held a joint webinar with APCO to provide businesses with information on how to reduce the environmental impacts of packaging in WA.
View the Reducing the environmental impacts of packaging in Western Australia video to find out more about the Covenant and NEPM-UPM, including obligations for brand owners.
The department has also developed a WA Action Plan Template which brand owners may use to meet their action plan reporting requirements under Division 2 of the Regulations.
Contacts
If you would like to become a signatory to the Australian Packaging Covenant, contact APCO at connect@apco.org.au or sign up via APCO's webpage.
The department regulates compliance with the Environmental Protection (NEPM-UPM) Regulations 2013. For enquiries about obligations under the Regulations or submission of action plans, please email packagingcompliance@dwer.wa.gov.au
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