NSW Environmental Protection Agency NSW Government
 

Legislative framework and statutory review

Return and Earn is the NSW container deposit scheme and has operated since 1 December 2017. 

The scheme is set up under Part 5 of the Waste Avoidance and Resource Recovery Act 2001 (the Act), and regulated under the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (the Regulation).

Statutory review of Return and Earn

We conducted a statutory review of the Act to make sure the objectives are still valid and will set Return and Earn up for further success. The statutory review found the legislation is working well, but improvements can be made to enhance the operational experience and transparency for Return and Earn participants.

The findings and recommendations are summarised in the statutory review report (PDF 1.54MB). 

FAQ about the statutory review

What did the review find

The statutory review found the legislation for Return and Earn is working well, but improvements can be made to enhance the operational experience and transparency for Return and Earn participants.

The statutory review lists 17 recommendations across the following themes:

  • Improving the operation of the CDS, including for suppliers
  • Protecting against fraudulent behaviour and
  • Improving clarity and transparency

More information about the review’s findings can be found in the statutory review report (PDF 1.54MB).

What are the next steps?

NSW Government will consider legislative changes to address recommendations in the statutory review report. EPA will work with Return and Earn scheme partners, Exchange for Change and Tomra Cleanaway, and other stakeholders to implement any changes if and when passed by Parliament. 

How was the statutory review conducted?

In 2021 the EPA consulted with a range of stakeholders (including the waste industry, beverage industry and local councils) to review the working of the legislation for Return and Earn. In 2022 we released a discussion paper “Driving NSW’s Circular Economy” for public comment to seek feedback on possible changes for the legislation. We also sought feedback on including more drink containers in scheme.

We received 984 responses through a survey, written submissions and information sessions. Responses were received from community, local councils, state government, waste industry, beverage industry, and other Return and Earn stakeholders. The EPA reviewed the responses and developed the statutory review report (PDF 1.54MB) for the NSW Government’s consideration.

For more information about the consultation, including the discussion paper see the EPA’s Your Say consultation portal.