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EPR free riders beware - regulator to strengthen enforcement against non-compliance

By Garyn Rapson, Paula-Ann Novotny and Michelle Morris

24 Oct 2024

Despite coming into force in 2021, many businesses seem to be unaware of the laws pertaining to extended producer responsibility (EPR). The Department of Forestry, Fisheries and the Environment (DFFE) is cracking down and has issued 37 pre-compliance notices to non-compliant EPR producers in the electrical and electronic equipment (EEE) sector.

Image source: Leo Arslan from Pexels

The EPR regulations, introduced under the National Environmental Management: Waste Act, 2008, regulate problematic waste streams resulting from public consumption of certain products. The EPR Scheme for the EEE Sector Notice is one of the several sector notices that informs the EPR laws by identifying the products which produce problematic waste streams that need to be managed.

In addition to registering with the DFFE, producers of identified EEE products are required to implement the prescribed EPR measures in respect of the resultant wastes (such as meeting the annual e-waste take-back and recycling targets specified in the EEE Sector Notice).

International E-waste Day was commemorated on 14 October 2024. The purpose of the day's commemoration is to raise awareness and highlight the importance of responsible and sound management of electrical and electronic waste.

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In commemoration of International E-waste Day, the DFFE published a media statement, highlighting some of the legislative and policy efforts undertaken by government to contribute to pollution reduction, resource conservation and energy savings.

In this statement, the department noted that it is now strengthening enforcement action against EPR producers under the EEE Sector Notice that are not complying with the EPR laws. This includes free riders - defined as producers who benefit from the actions or efforts of another producer, in relation to an EPR scheme, without fully complying with the requirements of the EPR scheme.

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The issue of free riders has been a contentious one, with producers who have been proactive in complying with the EPR laws facing a multitude of practical and financial challenges related to the exclusion of free riders.

Businesses that manufacture, convert, import, refurbish or distribute any regulated identified products, or make or sell them under a brand label, are reminded to ensure that they are compliant with these laws. The consequences of failing to comply, where required, are significant, and include the potential issuing of fines or prison sentences or both.