Waste Reduction and Recycling and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill modernises Queensland's waste laws by embedding the circular economy principle, banning outdoor balloon releases, removing the clean earth levy exemption, and requiring local councils to be transparent about how they spend waste levy payments. It was passed with amendment.
Who it affects
Households benefit from greater transparency in how councils use waste levy funds. Event organisers, balloon suppliers, landfill operators, and the construction sector face new restrictions and costs.
Key changes
- The circular economy principle is now a formal objective of Queensland's waste laws, encouraging products and materials to be reused rather than sent to landfill
- Releasing any lighter-than-air balloon outdoors is banned, with a maximum penalty of 50 penalty units (exceptions for indoor use and scientific research)
- The automatic waste levy exemption for clean earth is removed from 1 July 2023, meaning clean earth sent to landfill now attracts the levy
- Local councils must disclose waste levy payments on rate notices and use the money to offset household waste costs — the state can withhold payments if councils spread misinformation about the levy
- The exemption allowing banned single-use plastic items as part of shelf-ready products (e.g. straws on juice boxes) expires on 31 December 2025
- The chief executive gains power to amend or suspend resource recovery area declarations at waste disposal sites, with a show cause process, rather than only being able to revoke them
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Feb 2023View Hansard
Referred to Health and Environment Committee
The Health and Environment Committee examined the Waste Reduction and Recycling and Other Legislation Amendment Bill 2023 over approximately seven weeks, holding public briefings and a public hearing and receiving 16 submissions. The committee recommended the bill be passed, finding that submitters were broadly supportive of the bill's aims, including removing the clean earth levy exemption, banning outdoor balloon releases, setting an expiry for single-use plastic exemptions, and enshrining circular economy principles in legislation. LNP committee members filed a Statement of Reservation criticising the government for failing to release a legally required waste strategy review on time and highlighting that Queensland was on track to meet only two of its nine waste targets.
Key findings (5)
- Submitters broadly supported the bill's objectives but held divergent views on whether the reforms went far enough to secure best practice environmental outcomes.
- Removing the automatic clean earth levy exemption was supported by stakeholders as an incentive for reuse over disposal, with an operational purposes exemption available for landfill operators who use clean earth beneficially.
- The ban on outdoor release of lighter-than-air balloons was widely supported by environmental groups and was found to have sufficient regard to fundamental legislative principles.
- The government's overdue waste strategy review, once released, found Queensland was on track to meet only two of nine waste targets, with household waste to landfill increasing and municipal recycling rates declining from 31 per cent to 27 per cent since 2018.
- Stakeholders supported including circular economy principles in the Act but some argued the bill's definition omitted key participants such as consumers and secondary resource markets.
Recommendations (1)
- The committee recommends that the Waste Reduction and Recycling and Other Legislation Amendment Bill 2023 be passed.
Committee report tabled
▸Second Reading23 May 2023View Hansard
▸38 members spoke18 support20 mixed
Supported the bill's aims but criticised the government for poor consultation with local governments and failing to meet its own waste targets, with only two of nine metrics met.
“Right across the state councils are very concerned that that amount of money will be reduced. You could argue very strongly that it is another indirect tax.”— 2023-05-24View Hansard
As Minister for the Environment, moved the second reading and commended the bill for embedding circular economy principles, removing the clean earth levy exemption, banning balloon releases, and setting expiry dates for single-use plastic exemptions.
“Our $1.1 billion Recycling and Jobs Fund will invest in new green bins for households, contribute to statewide behaviour change campaigns and co-invest with councils and industry to deliver even more recycling infrastructure across the state.”— 2023-05-23View Hansard
Strongly supported the bill, particularly the ban on lighter-than-air balloon releases and the single-use plastic expiry date, 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
Stated the LNP would not oppose the bill and supported most elements including the balloon ban and clean earth changes, but criticised the government's failure to meet waste targets, lack of consultation with industry, and moved amendments to protect councillors' free speech and align local government review periods.
“The LNP is supportive of practically all of this so we will not be opposing this legislation, but I will later move amendments to address two issues with what is before us.”— 2023-05-23View Hansard
Supported recycling initiatives but warned the bill could disproportionately impact regional and rural Queensland, citing the example of a foundry in Innisfail whose waste costs increased over 200 per cent due to the waste levy.
“I, and indeed the majority of Queenslanders, certainly support initiatives to better manage waste and encourage recycling but that has to be sensible and achievable.”— 2023-05-24View Hansard
As committee chair, supported the bill and outlined the committee process. Noted the committee made one recommendation — that the bill be passed — and highlighted the clean earth exemption removal, balloon release ban, and circular economy principles.
“The committee has made one recommendation, that the bill be passed.”— 2023-05-23View Hansard
Supported the bill and highlighted community initiatives in her electorate including Tangalooma EcoMarines and Circonomy, praising the Palaszczuk government's environmental record.
“I am really proud of the Palaszczuk government's record in terms of the environment.”— 2023-05-24View Hansard
Endorsed several elements of the bill including the balloon ban and clean earth exemption removal, but raised concerns about government failure to meet waste targets, the proposed misinformation definition changes, and inadequate consultation with local governments.
“While we in the LNP endorse several elements of the bill, some crucial areas still warrant further refinement and development.”— 2023-05-23View Hansard
Supported removing single-use plastics but criticised the government's approach as window-dressing, noting compostable plastics often end up in landfill due to lack of recycling infrastructure, particularly in regional areas.
“I support removing single-use plastics from the supply chain where possible. It is policy that has been championed by the LNP over many years.”— 2023-05-24View Hansard
Supported the bill, particularly the ban on lighter-than-air balloon releases, highlighting the importance for the Moreton Bay Marine Park and its wildlife including turtles, dolphins, and dugongs.
“Quite honestly, I do not know anyone who would choose a balloon over a sea turtle's life.”— 2023-05-23View Hansard
Supported the bill, particularly the ban on lighter-than-air balloon releases, and highlighted local community groups and businesses in her electorate that support the changes.
“I know that my community is strongly in support of these changes. I commend the bill to the House.”— 2023-05-24View Hansard
Supported key amendments including the waste definition changes, clean earth exemption removal, and circular economy principles, but criticised Queensland's progress towards waste targets and highlighted the major recycling infrastructure gap and concerns about waste colonialism through exports.
“Despite these efforts, Queensland is a long way from being on track to meet its state or national waste targets.”— 2023-05-23View Hansard
Generally supportive of the bill but criticised the government's failure to meet waste targets, supported the LNP amendments on misinformation provisions and aligning local government review timelines.
“The opposition is generally supportive of this bill and will not oppose it.”— 2023-05-24View Hansard
Supported the bill as taking real action on waste for the economy, environment, and communities. Highlighted the government's 2030 targets and the importance of the circular economy principles.
“Our government places a high value on this sector, which contributes $1.5 billion to the Queensland economy each year and supports 12,000 jobs.”— 2023-05-23View Hansard
Supported the bill and highlighted how the circular economy is creating jobs in the sugar cane industry in Mackay through by-products like ethanol, bagasse cogeneration, and aviation fuel trials.
“This bill is not only about the environment; it also about focusing on the thousands of jobs that are going to be produced by the circular economy.”— 2023-05-24View Hansard
Focused on the misinformation provisions, arguing they represent a disgraceful attack on councillors' free speech. Quoted the Fitzgerald Report to support his position that restricting elected officials' speech is wholly objectionable.
“What is this government afraid of? Really? They are muzzling the democratically elected councillors of this state.”— 2023-05-23View Hansard
Supported the circular economy concept but heavily criticised the government's waste record, raised concerns about waste from renewable energy projects, and supported the LNP amendments on misinformation provisions.
“Rural Australians are the best recyclers we have.”— 2023-05-24View Hansard
Supported the bill as a step forward in waste management, highlighting the circular economy principles being hardwired into legislation and criticising the LNP's prior decision to scrap the waste levy.
“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 and its policy objectives including the balloon release ban, particularly citing the importance for the southern Great Barrier Reef marine environment.
“These lighter-than-air balloons being banned is a really positive thing for our environment, particularly the marine fauna and flora on the southern Great Barrier Reef.”— 2023-05-24View Hansard
Did not oppose the bill but urged support for LNP amendments on misinformation definition and review periods. Raised concerns about solar panel waste disposal and the government's failure to meet waste targets.
“While I do not oppose the bill, I urge the government to support the LNP's amendments.”— 2023-05-23View Hansard
Supported balloon release restrictions and circular economy principles but raised concerns about end-of-life recycling for solar panels and wind turbines, and criticised the government for failing to meet its own waste targets.
“The LGAQ rejects any attempts to censor councils from making public any concerns about potential impacts as the sector and the State navigate the revised advance payment trajectory.”— 2023-05-24View Hansard
Supported the bill and the minister's amendments, highlighting the waste definition changes, clean earth exemption removal, balloon ban, and circular economy principles.
“The purpose of this amendment is to provide security and flexibility for those who want to invest in circular economy processes and products.”— 2023-05-23View Hansard
Argued waste management is a real opportunity for Queensland but criticised the government for failing to meet its own targets, changing targets rather than fixing performance, and attempting to muzzle local government through the misinformation provisions.
“When a minister for the environment sets nine waste targets and it becomes obvious that only two of them are on track to be met, what do they do? They change the targets.”— 2023-05-24View Hansard
Supported the balloon ban and LNP amendments but criticised the government for hiding the draft waste strategy review and failing to meet waste targets. Raised concerns about the misinformation definition changes affecting local government free speech.
“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 waste targets.”— 2023-05-23View Hansard
Supported circular economy principles and the microbeads ban but criticised the government for changing targets, hiding reports, and trying to gag local government through the misinformation definition changes.
“Achieving better outcomes requires leadership, strategies that can be implemented and targets that are clearly transparent and not changed simply because the government has no strategy.”— 2023-05-24View Hansard
Supported the bill as reflecting the government's commitment to a cleaner future, highlighting the circular economy principles, waste reduction targets, and the work of food waste researchers.
“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
Criticised the government's recycling failures including the 126 million poppers shipped overseas, opposed the misinformation provisions as gagging local government, and sought clarity on the clean earth exemption removal process.
“It is a shame that this government cannot accept that our elected local government officials are not misleading the people of Queensland.”— 2023-05-24View Hansard
Broadly supported the bill's changes including the circular economy principles, single-use plastic expiry, clean earth exemption removal, and balloon ban. Noted there is much more to do including recycling strategies for solar panels and wind turbines.
“The Waste Reduction and Recycling and Other Legislation Amendment Bill aims to make several improvements to waste management laws in Queensland as we need to move on from the traditional take, make and dispose approach to our economy.”— 2023-05-23View Hansard
Raised concerns about solar panel recycling after hail damage and the poppers being shipped to India rather than recycled locally, and criticised the government for meeting only two of nine waste targets.
“I think that it would devastate a lot of children in our schools to know that we are sending our waste problems overseas to India.”— 2023-05-24View Hansard
Supported the bill's objectives including the clean earth exemption removal, balloon ban, circular economy principles, and single-use plastic expiry.
“We stand proudly on our environmental protection record in Queensland, but we know there is more we can do together.”— 2023-05-23View Hansard
As environment minister, defended the bill in reply, highlighting improvements in waste recovery rates since the reintroduction of the waste levy and rejecting claims that the bill censors local government.
“To be clear, this bill does not in any way censor local government. For the LNP to suggest this is a disgrace.”— 2023-05-24View Hansard
Highlighted the Cherbourg materials recovery facility as a success story and claimed LNP originated Containers for Change and single-use plastic ban policies. Criticised the government's gag order on councils and called for solar panel recycling policy.
“Why does the new environment minister, the former child safety minister, not just pick up the LNP's policy and implement it? We have done the hard work.”— 2023-05-23View Hansard
Supported the bill, highlighting the clean earth exemption changes, balloon release ban, and circular economy principles. Criticised the LNP for repealing Queensland's waste levy in 2012 and their unfunded waste strategy.
“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
Supported the LNP amendments to revert the misinformation definition and raised concerns about the gag clause on local government, the lack of consultation, and uncertainty around clean earth exemption processes. Called for circular economy plans for solar panels and wind turbines.
“This Labor government is so sensitive about criticism that it places a legislative gag on elected local government officials at any opportunity—and here we see it again. This is censorship by legislation.”— 2023-05-23View Hansard
Supported the bill as part of the government's strong environmental record. Highlighted circular economy benefits including the re-use of glass, crumb rubber and clean earth on road projects within his transport portfolio.
“The protection of our environment and action on climate change are things that every MP should support and are really critical to our future.”— 2023-05-23View Hansard
Supported the LNP amendment on local government free speech. Criticised the government's waste record, particularly the dumping problems in Ipswich, and called on the Deputy Premier to reject the Wanless dump proposal in the Scenic Rim.
“I want to support the amendment that is going to be moved by the shadow minister which stands up for local government having their say.”— 2023-05-23View Hansard
Supported the bill, particularly the waste definition changes to support circular economies, the clean earth exemption removal, and the balloon release ban. Noted the Sunshine Coast Regional Council's own balloon ban since 2011.
“If a waste material has the potential for re-use or recycling, it should be considered a resource and not be an exempt form of waste.”— 2023-05-23View Hansard
Criticised the lack of consultation with local government as a major flaw. Noted the government was not on track to achieve its own waste targets and urged better engagement with councils as major stakeholders in waste management.
“I must say again that it is disappointing that this government has not been able to achieve its targets across a wide range.”— 2023-05-23View Hansard
▸In Detail24 May 2023View Hansard
Amendment to clause 17 to remove lines 25 and 26, which expanded the definition of misinformation that could trigger the chief executive to withhold waste levy payments to councils. The opposition argued this would curtail freedom of speech for local government representatives.
That the amendment be agreed to
Vote on opposition amendment moved by Mr O'Connor to remove the expanded misinformation provisions from clause 17, which 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)
Amendment 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.
Amendment 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.
Moved the opposition amendment to remove the expanded misinformation provisions, arguing the current provisions are adequate and the changes could curtail freedom of speech for councillors. Supported the government's amendment aligning local government review timelines.
“We should view local government as a genuine partner. We should work with them on this transition. We should not further curtail their ability to comment on this important policy area.”— 2023-05-24View Hansard
Assent date: 2 June 2023
Referenced Entities
Sectors Affected
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