ISSUE 118 | FEB/MAR 2024
30 Artificial Intelligence 32 C&D Waste 34 Stewardship
Rules of engagement By Inside Waste
Image: Adobestock/Tanaonte
Verification important facet to recycling/ecological claims By Inside Waste
PP: 100024538
ISSN 1837-5618
GREENWASHING is a term used when companies or individuals make claims about the positive environmental impact their entity has on the planet when there is little or no evidence to support them. In extreme cases, some people/companies tell outright lies about any negative impacts their product or service has on the environment and rely on peoples’ laziness or lack of care to investigate such claims. Greenwashing is a particularly touchy subject in the waste/resource recovery industry as the very nature of the activities carried out by large swathes of the industry have impacts on the environment – some of which are negative. The Product Stewardship Centre for Excellence recently had an online seminar titled Avoiding Greenwashing for Product Stewardship Initiatives, where guest speaker Nick Heys, who is the ACCC’s executive director for its
Consumer Fair Trading Division, gave the low down on the do’s and don’ts when it comes to greenwashing. Thirteen years ago, the ACCC had what Heys called a “good guidance for green marketing”. He said the agency has known for some time that it needed to update the policy, but it has only really become an issue over the past three years as consumers demand more transparency in the green space. The ACCC recently undertook an internet sweep to see what claims were out there, and how it related to greenwashing. Heys said that a lot of how the new policy guidelines will be written will be based on discussions between the ACCC, consumer groups, business groups and a range of international stakeholders. He said the ACCC is taking a principlesbased approach. “Throughout the guidance, we do try and talk about what are the legal obligations under the Australian Consumer Law. But we also are looking at good practice examples to try and give businesses certainty about what
type of issues we will look at and what type of issues are concerning,” he said. To Heys and the ACCC, there’s a “pretty simple prohibition” as it stands – “someone in connection with the supply of goods or services shouldn’t engage in misleading and deceptive conduct”. “That’s really what we’re talking about here as part of this whole scheme,” he said. “What’s misleading? What’s deceptive? What’s going to be a false and misleading representation?” He said another principle deals with evidence. Heys believes it’s not only important that a company has evidence to back up its claims, but people need to know how it has gathered the evidence. He found that some businesses spoken to wondered what the expectation was from a regulator like the ACCC. He said that sometimes, it’s what is not being said that is the issue. “There’s no hiding important information – again it is a fine line,” he said. (Continued on page 24)
LOVE or hate them, regulations make up an integral part of how the waste and resource recovery industry goes about its business. Some can be heavy handed, while others don’t go far enough. As an industry, most company heads and compliance officers want a set of clear and easy to follow rules and regulations that can be adhered to and interpreted in such a way as to cause the least disruption and cost to a business. That doesn’t mean regulators themselves aren’t accountable, or that questioning the whys and wherefores of a particular regulation or rule shouldn’t be considered – especially if it’s archaic or appears not to be fulfilling the spirit/reason it was enacted in the first place. What do regulators do in their dayto-day lives? What are they looking for? Do they stick to the letter of the law, or can they use discretion? Do they like the regulations they are charged with enforcing? Is there any time when their own moral judgement is called into question? At the Waste Expo Australia event held near the end of 2023, a panel was put together to discuss, What Does a Modern Contemporary Regulator Look Like? Moderated by Boral’s national business development manager Melinda Lizza, the panel consisted of Ray Hassall, national heavy vehicle regulator; Simon Farrar, director of major hazards and goods WorkSafe Australia; Tony Circelli, CEO of Recycling Victoria; and Suzy Neilan, director of strategy for EPA Victoria. (Continued on page 28)
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