NSW’s Product Lifecycle Responsibility Act 2025

Voluntary and industry-led product stewardship exists in many sectors across Australia. From batteries, tyres and mobile phones to paint, textiles and bedding, we recognise the efforts made so far to enable a circular economy through effective product stewardship.

But where those voluntary arrangements fall short and enable free riders, it is imperative that government regulates product stewardship. It is for this reason that in March, NSW became the first state in Australia to pass new laws to create a framework for mandatory product stewardship on any product. This has delivered on a decision of Environment Ministers across Australia in 2024 that NSW would lead – with Victoria and Queensland – mandatory product stewardship for batteries.

The Product Lifecycle Responsibility Act 2025 enables the NSW Government to require brand owners to take responsibility for the entire lifecycle of regulated products. This Act can be used to make regulations that target products throughout their lifecycle, including design and manufacture, and safe reuse, recycling or disposal.

The Bill ensures that the NSW Government has the power to regulate harmful products that pose environmental, human health and safety concerns. This is vital for our transition towards a circular economy in NSW, where government is focused on resources being reused, repaired and recycled, and staying out of landfill for longer.

Batteries are the first product proposed to be regulated under the Act. Today, they are a vital part of our everyday activities, but poor design and incorrect handling, storage and disposal, particularly of lithium-ion batteries, has seen them become a major fire risk. There were between 10,000 and 12,000 fires across Australia in 2024, leading to many fatalities, injuries, evacuations and property damage.

Ongoing engagement with stakeholders on our next steps is so important. We plan to assess how these regulations will work in a practical sense in the coming months and ensure that they do not create perverse outcomes for battery suppliers, recyclers, community safety or the environment.

Industry, environment groups and existing product stewardship organisations have already played a key role in shaping the reforms and they will be critical to a successful implementation. This is consistent with the stewardship approach that underpins everything we do here at the NSW EPA.

It’s also important that we continue to work with jurisdictions across Australia for a nationally aligned approach. When we talk with industry about the challenges and opportunities for a circular economy, we often hear about the importance of harmonisation. That is why NSW has developed a standalone Bill, written in a way that it can be easily used to develop legislation in other jurisdictions, so that we secure a consistent, national approach and minimise the impact on the common market.

This Act is an essential step, giving governments the tools needed to strengthen and enhance product stewardship to underpin our transition to a circular economy.

Tony Chappel
Chief Executive Officer
NSW Environment Protection Authority