South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 43

43—Exemption of certain containers by regulation (section 67)

        (1)         Pursuant to section 67 of the Act, the following classes of containers are exempt from the application of Part 8 Division 2 of the Act:

            (a)         containers used for the purpose of containing milk or milk substitute (other than flavoured milk or flavoured milk substitute);

            (b)         containers used for the purpose of containing 1 litre or more of flavoured milk or flavoured milk substitute;

            (c)         containers used for the purpose of containing 1 litre or more of pure juice (comprising at least 90% fruit juice or vegetable juice or a mixture of fruit and vegetable juices);

            (d)         containers used for the purpose of containing more than 3 litres of beverage;

            (e)         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 1 litre or more of wine, wine-based beverage or water (including mineral or spring water);

            (f)         containers constructed of plastic or foil or plastic and foil (commonly known as sachets) used for the purpose of containing 250 millilitres or more of wine.

        (2)         In this regulation—

"flavoured milk" means milk to which flavouring has been added;

"flavoured milk substitute" means milk substitute to which flavouring has been added and which is marketed as a flavoured product;

"milk" means cow's milk or the milk of any other animal and, without limiting that meaning, includes milk that is 1 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;

"milk substitute" means a liquid substitute for milk derived from a plant or part of a plant and, without limiting that meaning, includes milk substitute that is 1 or more of the following:

            (a)         ultra heat treated or reconstituted milk substitute;

            (b)         reduced fat milk substitute;

            (c)         milk substitute with added protein, fat, calcium, vitamins, minerals or other supplements;

"wine-based beverage" means a pre-mixed beverage that contains—

            (a)         wine and another beverage that is not a grape product; and

            (b)         less than 10% alcohol by volume at 20° Celsius.