South Australia
Environment Protection (Beverage Container) Regulations 1995
under the Environment Protection Act 1993

Contents
1	Short title
2	Commencement
3	Interpretation
4	Beverages
5	Refund amounts
6	Wine-based beverage prescribed percentage of alcohol
7	Containers exempted from Division 2 of Part 8 of Act
8	Exemption for containers with higher refund amount
9	Fee
10	Prohibited containers
Schedule 1—Refund amounts
Schedule 2—Exempt containers
Schedule 3—Fees
Legislative history

1—Short title
These regulations may be cited as the Environment Protection (Beverage Container) Regulations 1995.
2—Commencement
These regulations will come into operation on the day on which the Act comes into operation.
3—Interpretation
In these regulations—
the Act means the Environment Protection Act 1993;
flavoured milk means milk to which flavouring has been added;
milk means cow's milk or the milk of any other animal, soy milk, rice milk or coconut milk and, without limiting that meaning, includes milk that is one or more of the following:
	(a)	ultra heat treated or reconstituted milk;
	(b)	reduced fat milk;
	(c)	milk with added protein, milk fat, calcium, vitamins, minerals or other supplements;
pure fruit juice means a liquid at least 90 per cent of which is fruit juice or vegetable juice or a mixture of fruit and vegetable juices;
soft drink means all kinds of drinks that do not include alcohol except—
	(a)	water; and
	(b)	milk; and
	(c)	pure fruit juice;
water includes mineral water, spring water and any other water intended for human consumption by drinking.
4—Beverages
Pursuant to section 65 of the Act, the following liquids intended for human consumption by drinking are declared to be beverages for the purposes of Division 2 Part 8 of the Act:
	(a)	water; and
	(b)	flavoured milk; and
	(c)	pure fruit juice; and
	(d)	non-carbonated soft drinks.
5—Refund amounts
For the purposes of the definition of refund amount in section 65 of the Act, the refund amount for containers of a class specified in Schedule 1 is as specified in that Schedule.
6—Wine-based beverage prescribed percentage of alcohol
For the purposes of the definitions of spirit-based beverage and wine-based beverage in section 65 of the Act, the prescribed percentage of alcohol in a beverage that contains any spirit or wine is 10 per cent alcohol by volume at 20° Celsius.
7—Containers exempted from Division 2 of Part 8 of Act
Pursuant to section 67 of the Act, containers of a class specified in Schedule 2 are exempted from Division 2 of Part 8 of the Act.
8—Exemption for containers with higher refund amount
Pursuant to section 67 of the Act, containers bearing refund marking stating a refund amount higher than that required under these regulations are exempted from that requirement subject to the following conditions:
	(a)	the refund marking must be otherwise as required under the Act;
	(b)	the containers must not be sold by a retailer unless the manufacturer or distributor of containers of that class has obtained the Authority's approval of the higher amount and, for that purpose, satisfied the Authority that proper arrangements have been made for acceptance of the containers by retailers or collection depots (as the case may require) and payment of that higher amount as the refund amount.
9—Fee
The fee to accompany an application for approval under section 69 of the Act is as set out in Schedule 3.
10—Prohibited containers
For the purposes of section 72(1)(b) of the Act, a glass container designed to contain more than 500 millilitres of beverage that is not designed to be refilled and is covered on the outside with a plastic sheath or coating (commonly known as a plasti-shield container) is a glass container of a prescribed kind.

Schedule 1—Refund amounts
1	Subject to clauses 3 and 4, for category A containers the refund amount is $0.10 per container.
2	Subject to clause 3, for category B containers the refund amount is $0.05 per container.
3	For containers for which the Authority has approved a higher amount under regulation 8 the refund amount is the amount so approved.
4	For category A containers that had a refund amount of $0.05 per container under the Beverage Container Act 1975 immediately before the commencement of these regulations, the refund amount is $0.05 per container until the first anniversary of the commencement of these regulations when the refund amount becomes $0.10 per container.

Schedule 2—Exempt containers
1	Any containers used for the purpose of containing 1 litre or more of flavoured milk.
2	Any containers used for the purpose of containing 1 litre or more of pure fruit juice.
3	Containers constructed of cardboard and plastic, cardboard and foil, or cardboard, plastic and foil (commonly known as casks or aseptic packs) used for the purpose of containing at least one litre of wine, wine-based beverage or water.
4	Containers constructed of plastic or foil or plastic and foil (commonly known as sachets) used for the purpose of containing at least 250 millilitres of wine.
5	Any containers used for the purpose of containing more than 3 litres of beverage.

Schedule 3—Fees

1	For an application for approval of a class of containers as category A or category B containers	no fee	
2	For an application for approval of a single collection depot (including approval of the collection area)	$62.50	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1995	41	Gazette 27.4.1995 p1658	1.5.1995: r 2	
1997	112	Gazette 13.5.1997 p1931	1.7.1997: r 2	
1998	102	Gazette 28.5.1998 p2412	1.7.1998: r 2	
1999	103	Gazette 27.5.1999 p2908	1.7.1999: r 2	
2000	112	Gazette 25.5.2000 p2820	1.7.2000: r 2	
2000	277	Gazette 30.11.2000 p3400	1.1.2003: r 2	
2001	55	Gazette 31.5.2001 p1961	1.7.2001: r 2	
2002	55	Gazette 20.6.2002 p2520	1.7.2002: r 2	
2003	119	Gazette 29.5.2003 p2312	1.7.2003: r 2	
2004	96	Gazette 27.5.2004 p1604	1.7.2004: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 3			
flavoured milk	inserted by 277/2000 r 3	1.1.2003	
milk	inserted by 277/2000 r 3	1.1.2003	
pure fruit juice	inserted by 277/2000 r 3	1.1.2003	
soft drink	inserted by 277/2000 r 3	1.1.2003	
r 4	substituted by 277/2000 r 4	1.1.2003	
Sch 2			
cl 1	substituted by 277/2000 r 5(a)	1.1.2003	
cl 2	substituted by 277/2000 r 5(b)	1.1.2003	
cl 3	varied by 277/2000 r 5(c)	1.1.2003	
cl 4	varied by 277/2000 r 5(d)	1.1.2003	
cl 5	varied by 277/2000 r 5(e)	1.1.2003	
cl 6	deleted by 277/2000 r 5(f)	1.1.2003	
Sch 3			
cl 2	varied by 112/1997 r 3	1.7.1997	
	varied by 102/1998 r 3	1.7.1998	
	varied by 103/1999 r 3	1.7.1999	
	varied by 112/2000 r 3	1.7.2000	
	varied by 55/2001 r 3	1.7.2001	
	varied by 55/2002 r 3	1.7.2002	
	varied by 119/2003 r 4	1.7.2003