Waste Reduction and Recycling and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill makes several changes to Queensland's waste laws. It bans the outdoor release of helium balloons and sky lanterns, removes the waste levy exemption for clean earth sent to landfill, introduces circular economy principles, sets a 2025 deadline for phasing out plastic items attached to shelf-ready products, and adds transparency rules for how councils report waste levy payments on rate notices.
Who it affects
The balloon release ban affects anyone planning outdoor balloon releases for events or memorials. Construction industries face new costs for disposing of excavated soil at landfill. Food and beverage manufacturers must redesign packaging with attached plastic items like straws by the end of 2025. Councils must be transparent about waste levy funds on rate notices.
Balloon release ban
From 1 September 2023, it became illegal to release any lighter-than-air balloon or sky lantern outdoors in Queensland. This applies to even a single balloon, not just mass releases. Exemptions exist for indoor use where the balloon cannot escape and for scientific research like meteorology.
- Releasing any number of lighter-than-air balloons outdoors is now an offence
- Maximum penalty of 50 penalty units for non-compliance
- A person who ties a balloon to something that then detaches is also liable if they did not take reasonable steps to secure it
- Exemptions for indoor releases and scientific research including meteorology
Clean earth levy exemption removed
The automatic exemption from the waste levy for clean earth was removed from 1 July 2023. Excavated soil sent to landfill now incurs the waste levy, encouraging construction projects to reuse soil elsewhere. Landfill operators can still apply for an operational purposes exemption if the soil is used for landfill maintenance.
- Clean earth disposed of at landfill now incurs the waste levy
- Encourages reuse of excavated soil on other construction sites
- Landfill operators can apply for an operational purposes exemption for soil used in site maintenance
- Brings Queensland in line with other Australian states
Circular economy principles
The bill formally introduces circular economy principles into Queensland law, establishing that products and materials should be kept in use for as long as they have value. This supports a shift from take-make-dispose to reuse, repair, and recycling, and the waste strategy review period has been extended from three to five years.
- Circular economy principle added as an object of the Waste Act
- Manufacturers encouraged to design products for reuse, repair, and remanufacturing
- Waste strategy review period extended from 3 to 5 years to better measure progress
- Definition of waste moved from the Environmental Protection Act to the Waste Act with new power to prescribe things as not waste by regulation
Single-use plastic packaging deadline
The exemption allowing otherwise banned single-use plastic items when attached to shelf-ready products will expire on 31 December 2025. Items like plastic straws on juice boxes and plastic forks in pre-packed salads must be replaced with alternatives by that date.
- Exemption for banned plastic items attached to shelf-ready products expires 31 December 2025
- Affects items like straws on juice boxes, forks in salads, and spoons on yoghurt containers
- Aligns with the National Packaging Target for 100% reusable, recyclable, or compostable packaging by 2025
Council transparency on waste levy payments
New rules require local councils to disclose on rate notices how much waste levy funding they received from the state government and how they are using it. The chief executive can withhold future payments from councils that misuse funds or distribute misinformation about the waste levy.
- Councils must include waste levy payment amount and purpose on rate notices
- Payments can be withheld from councils that distribute misinformation about the waste levy
- Councils can request additional payments to offset levy impacts on households
- Chief executive can withhold payments if councils do not use funds to mitigate levy impacts
Resource recovery area oversight
The chief executive gains new powers to amend or suspend resource recovery area declarations at waste disposal sites, rather than only being able to revoke them outright. This allows investigations to proceed without permanently shutting down recycling operations.
- Chief executive can now amend or suspend resource recovery area declarations
- Show cause process with at least 21 days for operators to respond
- During suspension, the area is treated as part of the levyable waste disposal site
- Avoids the previous 12-month sterilisation that resulted from revoking a declaration
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Feb 2023 – 23 May 2023View Hansard
Referred to Health and Environment Committee
▸Second Reading23 May 2023 – 24 May 2023View Hansard
▸32 members spoke15 support17 mixed
Criticised the government's poor consultation with local governments and the waste sector, and supported the opposition amendment to remove provisions seen as muzzling councils. However, did not explicitly oppose the bill overall.
“I challenge the new environment minister to improve those metrics. As I stressed, if this government is serious about improving outcomes in the waste space then it needs to be serious about genuinely consulting with the resource recovery sector.”— 2023-05-24View Hansard
As Minister for the Environment, moved the second reading and outlined the bill's key measures including removing the clean earth levy exemption, banning balloon releases, embedding circular economy principles, and strengthening waste management oversight.
“The Palaszczuk government is strongly committed to reducing the amount of waste that goes to landfill, reducing greenhouse gas emissions and creating more good jobs in our state's recycling and resource recovery industry.”— 2023-05-23View Hansard
Supported the bill, particularly the ban on microplastic-containing products and lighter-than-air balloon releases, citing the importance of protecting the marine environment around Hervey Bay and K'gari.
“I cannot recommend these amendments strongly enough and I ask all members to support the bill before the House.”— 2023-05-24View Hansard
As committee chair, rose to support the bill and praised the government's environmental policies and the work of the former and current environment ministers.
“We will continue good, sensible policies with the core aim to address the real and current issues affecting our environment such as waste and recycling.”— 2023-05-23View Hansard
Raised concerns about the impact of the waste levy on remote and regional councils, particularly in Far North Queensland where higher transport costs make recycling uneconomical. Supported the concept of circular economy but criticised the government's consultation.
“The further you go away from a major city, the more these costs absolutely escalate.”— 2023-05-24View Hansard
Endorsed several elements of the bill including the balloon ban but raised concerns about the clean earth levy exemption removal, the misinformation provisions affecting local government free speech, and the government's failure to meet its own waste targets.
“While we in the LNP endorse several elements of the bill, some crucial areas still warrant further refinement and development.”— 2023-05-23View Hansard
Criticised the government for failing to meet its own waste targets and for poor consultation, and called for better enforcement of littering laws. Did not explicitly oppose the bill but raised significant concerns about government delivery.
“I call on the state government and local governments across the state to be genuine with respect to their commitment to tackling the waste problems in our community.”— 2023-05-24View Hansard
Strongly supported the bill, defended the government's environmental record, and reminded the House that the LNP had previously scrapped the waste levy, making Queensland a dumping ground for interstate waste.
“The Palaszczuk Labor government has introduced an exceptional amount of great environmental policy.”— 2023-05-23View Hansard
Supported the bill, particularly the ban on outdoor balloon releases, noting local businesses in her electorate are already moving to recyclable options. Commended the bill to the House.
“It is really important to note that the ban is not a ban on balloons. It is a ban on the outdoor release of any number of lighter-than-air balloons.”— 2023-05-24View Hansard
Supported the bill's key amendments including the waste definition changes and clean earth levy removal, which he said would incentivise reuse in the building sector and send a strong signal to the waste industry to invest in Queensland.
“I support this amendment as it will ensure that valuable materials can more easily be remanufactured or recycled for other purposes.”— 2023-05-23View Hansard
Criticised the government for being big on announcements but poor on delivery, highlighting the shipping of liquid paperboard containers to India under the Containers for Change program. Acknowledged opportunities in waste management but criticised government execution.
“I return to my earlier point about the government being big on announcements and very poor on delivery.”— 2023-05-24View Hansard
Supported the bill as a big picture measure taking real action on waste, citing the economic benefits of recycling over landfill and the government's ambitious 2030 targets.
“The Waste Reduction and Recycling and Other Legislation Amendment Bill is a big picture bill. It is about taking real action on waste.”— 2023-05-23View Hansard
Supported the bill, highlighting circular economy innovations in the Mackay sugar cane industry including ethanol production, cogeneration, and aviation fuel manufacturing from bagasse.
“If this one crop in Queensland can produce all of these resources using every drop and every thread of fibre from its crop, I can see that there is so much opportunity for all of our other industries.”— 2023-05-24View Hansard
Did not oppose the bill but raised concerns about the impact on local government, particularly around clean fill exemptions and the bill's implications for free speech of councils regarding misinformation provisions.
“Wherever there is change or reform in waste management, it always causes a great deal of concern on the part of councils.”— 2023-05-23View Hansard
Criticised the government's recycling record, particularly the shipping of liquid paperboard containers to India, and attacked the government's cabinet reshuffle as its only real 'recycling' effort.
“Despite the container deposit scheme starting in 2018, Queensland has no capacity to recycle the poppers made from liquid paperboard, forcing the government to sell the waste to a private Brisbane company.”— 2023-05-24View Hansard
Strongly supported the bill as embedding circular economy principles into legislation. Criticised the LNP for previously scrapping the waste levy which had made his electorate of Ipswich a dumping ground for interstate waste.
“This bill provides a step change, a step forward, in terms of a contemporary waste management framework for Queensland.”— 2023-05-23View Hansard
Supported the bill, particularly the ban on lighter-than-air balloon releases to protect marine wildlife, noting balloons are the leading cause of death for migratory sea birds. Also supported the Queensland Energy and Jobs Plan.
“We know that balloons are the leading cause of death for migratory sea birds.”— 2023-05-24View Hansard
Did not oppose the bill but criticised the government for preferring spin over substance on environmental issues, citing the secret shipping of poppers to India and questions about solar panel and wind farm blade recycling.
“While I do not oppose the bill, I urge the government to support the LNP's amendments, which are to revert the definition of 'misinformation' to its current form and to bring local government waste strategy reviews in line with the new state time line of five years.”— 2023-05-23View Hansard
Supported the balloon release ban and circular economy principles but criticised the government's consultation with local governments and the changes to the misinformation definition, which he described as muzzling elected officials.
“This is not about tightening a definition; this is about muzzling local government officials.”— 2023-05-24View Hansard
Supported the bill and the minister's amendments, highlighting the government's focus on reducing landfill waste and creating more jobs in the recycling and resource recovery industry.
“The Palaszczuk government is focused on reducing the amount of waste that goes into landfill while bringing down greenhouse gas emissions and creating more jobs in Queensland's recycling and resource recovery industries.”— 2023-05-23View Hansard
Supported circular economy concepts but raised concerns about end-of-life management for solar farm waste and urged the government to take a whole-of-life approach to waste from renewable energy infrastructure.
“Parts of Queensland have seen that when approvals for major solar farms have been granted a whole-of-life approach has not been taken.”— 2023-05-24View Hansard
Did not oppose the bill's objectives but criticised the government for breaching its own review requirements and failing to meet waste targets, noting only two of nine milestones had been met.
“We now know why the state Labor government tried to hide its report after it was released when it was revealed that Queensland is only on track to meet just two of its nine milestones.”— 2023-05-23View Hansard
Raised concerns about the clean earth levy exemption removal affecting Gold Coast beachfront developments and criticised the government's cabinet reshuffle. Sought clarification on the application process for clean earth exemptions.
“Clean fill is coming out of the ground there and all of a sudden that automatic exemption is not happening anymore. There is no clear process that I can see for people to make that application.”— 2023-05-24View Hansard
Supported the bill as a comprehensive and forward-thinking piece of legislation reflecting the government's commitment to a cleaner, greener future for Queensland.
“This is a comprehensive and forward-thinking piece of legislation that reflects our government's commitment to a cleaner, greener future for Queensland.”— 2023-05-23View Hansard
Raised concerns about local government waste levy costs and the impact on his Gold Coast electorate, while acknowledging the importance of waste management improvements.
“Avoiding, re-using and recycling waste to the greatest extent possible brings many opportunities for Queenslanders and Queensland businesses through jobs and more industries while reducing our impact on the environment.”— 2023-05-24View Hansard
Supported the bill's embedding of circular economy principles and highlighted the economic contribution of the recycling industry with 12,000 jobs and $1.5 billion annually.
“We stand proudly on our environmental protection record in Queensland, but we know there is more we can do together.”— 2023-05-23View Hansard
Did not oppose the bill but argued the LNP deserved credit for Containers for Change and single-use plastic bans, which were originally LNP policies. Highlighted the success of the Cherbourg materials recovery facility.
“I note that it was a former LNP policy in 2016-17 around Containers for Change. We note that the Palaszczuk government adopted the LNP's policy around Containers for Change, as it did the LNP's policy around banning single-use plastics.”— 2023-05-23View Hansard
Supported the bill as advancing the government's vision for a zero waste society, highlighting the clean earth levy removal and the 3.9 million tonnes of clean earth delivered to waste disposal sites under the exemption.
“Our government has a vision for Queensland to become a zero waste society—where waste is avoided, re-used and recycled to the greatest possible extent.”— 2023-05-23View Hansard
Did not oppose the bill but criticised the government for secretly shipping poppers overseas instead of recycling them locally, and raised concerns about the lack of a plan for recycling solar panels and wind farm blades.
“The Palaszczuk Labor government must explain to Queenslanders why 126 million liquid paperboard drink 'poppers' have been secretly shipped to India, rather than being recycled in Queensland, as promised.”— 2023-05-23View Hansard
Defended the LNP's record on waste reduction, supported the shadow minister's amendments protecting local government free speech, and criticised Labor for allowing interstate dumping to increase after returning to office.
“Reducing waste, re-using and recycling is an innate part of conservative principles. We want to re-use every bit of resource as much as possible.”— 2023-05-23View Hansard
Supported the bill's redefinition of waste and embedding of circular economy principles, arguing that if waste material has potential for reuse or recycling it should be considered a resource.
“Redefining 'waste' in the WRR Act strengthens the implementation of the principles of circular economies and better enables environmental protection and product stewardship.”— 2023-05-23View Hansard
Drew on his 16 years in local government to criticise the lack of consultation with councils and the LGAQ. Said the bill was 'okay' but did not go far enough on circular economy issues including solar panels and wind farm blade recycling.
“Many of the 77 councils across Queensland—and I would actually challenge the government and say 'all' of the 77 councils across Queensland—are aghast at this bill, with the lack of consultation by this government.”— 2023-05-23View Hansard
▸In Detail24 May 2023View Hansard
Amendment to clause 17 to remove lines 25 and 26, which would have expanded the misinformation provisions in the act regarding council statements about the waste levy. The opposition argued this would muzzle local government representatives.
That the amendment be agreed to
Vote on opposition amendment moved by Mr O'Connor to remove new misinformation provisions from the bill that the LNP and LGAQ argued would curtail the freedom of elected local government representatives to criticise the state government's waste levy.
The motion was defeated.
▸Show individual votesHide individual votes
Ayes (36)
Noes (47)
Government amendment No. 1 inserting new clause 19A to change the review period for local government waste reduction and recycling plans from three to five years, aligning with the state waste strategy review period.
Government amendment No. 2 inserting new clause 19B to change the review period for state entity waste reduction and recycling plans from three to five years, aligning with the state waste strategy review period.