Statute Details
- Title: Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019
- Act Code: RSA2019-OR1
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Resource Sustainability Act 2019 (Section 50)
- Citation: SL 902/2019
- Current Version: 2025 Revised Edition (2 June 2025); status current as at 27 March 2026
- Commencement: 1 January 2020 (as reflected in the revised edition)
- Key Provision: Section 2 (Exemption for incidental supply of batteries)
- Key References in the Act: Sections 8 and 18(1)(a) of the Resource Sustainability Act 2019
What Is This Legislation About?
The Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019 is a targeted regulatory instrument made under the Resource Sustainability Act 2019. In plain terms, it creates a narrow exemption from certain battery-related obligations where batteries are supplied only “incidentally” alongside another product.
The Order addresses a common commercial scenario: a battery may be included with, or supplied together with, a different product (for example, a device that requires a battery to function). Without an exemption, the inclusion of a battery could trigger regulatory requirements that are designed for parties whose business is primarily the supply of batteries as regulated products. This Order prevents overreach by clarifying that the relevant statutory provisions do not apply in specified circumstances.
Importantly, the exemption is not blanket. It applies only where the battery is supplied “only in connection with the supply of another product.” The Order therefore focuses on the nature of the supply relationship—whether the battery is incidental to the main product transaction—rather than on the battery’s physical characteristics alone.
What Are the Key Provisions?
1. The exemption mechanism (Section 2(1)). The core operative provision is Section 2. Under Section 2(1), Sections 8 and 18(1)(a) of the Resource Sustainability Act 2019 do not apply to a battery that meets the conditions described in the Order. The exemption applies to two categories of batteries: a portable battery and an industrial battery.
In practical terms, the Order is telling regulated persons that if they supply a portable or industrial battery only as part of another product transaction, they will not be subject to the specific obligations contained in the referenced sections of the Act. While the extract provided does not reproduce the text of Sections 8 and 18(1)(a) of the Act, the legal effect is clear: those statutory provisions are carved out for the specified incidental supply scenario.
2. The “incidental supply” condition. The exemption is triggered only where the battery is “supplied only in connection with the supply of another product.” This phrase is central and would likely be interpreted by reference to ordinary meaning and regulatory purpose. The battery must be connected to the supply of another product, and it must be supplied only in that connection. That suggests that if batteries are supplied as standalone items, or if the supply of batteries is a separate commercial activity not merely incidental to another product, the exemption would not apply.
For practitioners advising suppliers, distributors, importers, or retailers, this condition raises fact-sensitive questions: What is the commercial arrangement? Is the battery packaged and sold together with the product? Is the battery included as part of the product’s functioning, or is it offered for separate purchase? Are there separate invoices, separate product codes, or separate marketing of batteries? While the Order does not specify evidentiary requirements, these are the kinds of operational facts that typically determine whether the “only in connection with” threshold is met.
3. Definitions by reference to the Prescribed Regulated Products Regulations. Section 2(2) provides that “industrial battery” and “portable battery” have the meanings given by regulation 2 of the Resource Sustainability (Prescribed Regulated Products) Regulations 2019. This is a classic legislative technique: the Order does not redefine the battery categories; it cross-references the definitions in the Regulations.
From a compliance perspective, this means that lawyers and regulated entities must consult the 2019 Prescribed Regulated Products Regulations to determine whether a particular battery type falls within “portable” or “industrial.” The classification can be determinative. For example, a battery used in a device may be portable in one context and industrial in another depending on the regulatory definition. Therefore, the exemption’s availability depends not only on the incidental-supply fact pattern but also on correct battery classification under the referenced regulations.
4. Scope limited to the referenced statutory provisions. The Order does not say that incidental batteries are entirely outside the Resource Sustainability regulatory framework. Instead, it specifically states that Sections 8 and 18(1)(a) of the Act do not apply. This implies that other provisions of the Act (not mentioned in the exemption) may still apply, depending on their scope and on how the Act is structured. Practitioners should therefore treat the exemption as a targeted carve-out rather than a general deregulation.
How Is This Legislation Structured?
This Order is extremely concise and is structured around a single substantive provision.
Section 1 provides the short title: the “Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019.”
Section 2 contains the operative exemption. It has two paragraphs: Section 2(1) sets out the exemption from the application of Sections 8 and 18(1)(a) of the Resource Sustainability Act 2019 for specified battery types supplied incidentally; Section 2(2) clarifies that the meanings of “industrial battery” and “portable battery” are those in regulation 2 of the Resource Sustainability (Prescribed Regulated Products) Regulations 2019.
Because the Order is short, its legal impact is concentrated. There are no additional schedules, procedural steps, reporting requirements, or administrative mechanisms in the extract provided. The practitioner’s work therefore focuses on interpreting the conditions and ensuring the correct classification and factual characterisation of the supply.
Who Does This Legislation Apply To?
The exemption operates by reference to the application of particular provisions of the Resource Sustainability Act 2019. Accordingly, it is relevant to persons who would otherwise fall within the scope of Sections 8 and 18(1)(a) of the Act in relation to portable or industrial batteries.
In practice, this will typically include businesses involved in the supply chain of regulated products—such as importers, manufacturers, distributors, retailers, and possibly other “suppliers” as defined in the Act—where they supply batteries together with another product. The exemption is designed for transactions where the battery is not the primary regulated product being supplied, but rather a component or accessory supplied alongside a different item.
However, the exemption is conditional. It applies only to portable or industrial batteries supplied only in connection with another product. Businesses that supply batteries as separate products, or that include batteries in a way that is not merely incidental to another product supply, should assume the exemption will not apply unless they can clearly demonstrate compliance with the “incidental supply” requirement.
Why Is This Legislation Important?
This Order is important because it prevents disproportionate regulatory burdens in mixed-product transactions. The Resource Sustainability Act 2019 is aimed at managing environmental impacts associated with regulated products. But without a carefully drafted exemption, suppliers of devices and other goods could face battery-specific obligations even when batteries are merely included to make the product functional.
For legal practitioners, the value of this Order lies in its precision. It does not attempt to redefine the entire battery regulatory regime. Instead, it provides a narrow carve-out from two specific sections of the Act. That precision supports better legal certainty for commercial parties and reduces compliance friction for ordinary consumer and industrial supply practices.
From an enforcement and compliance standpoint, the Order also creates a compliance checklist. To rely on the exemption, a supplier should be able to: (i) identify the battery as a “portable” or “industrial” battery under the 2019 Prescribed Regulated Products Regulations; and (ii) document and structure the supply so that the battery is supplied only in connection with another product. In disputes, regulators and courts would likely examine the commercial reality of the transaction—packaging, invoicing, marketing, and whether the battery is offered as a standalone regulated item.
Finally, because the exemption is limited to Sections 8 and 18(1)(a), practitioners should not assume that incidental batteries are fully exempt from all sustainability obligations. A careful statutory mapping exercise is recommended: identify what Sections 8 and 18(1)(a) require, then confirm whether other provisions of the Act or subsidiary regulations may still impose duties (for example, record-keeping, reporting, or other product stewardship obligations) depending on the broader regulatory scheme.
Related Legislation
- Resource Sustainability Act 2019 (particularly Sections 8 and 18(1)(a); and Section 50 as the authorising provision)
- Resource Sustainability (Prescribed Regulated Products) Regulations 2019 (particularly regulation 2 defining “portable battery” and “industrial battery”)
Source Documents
This article provides an overview of the Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.