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: Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019
- Legislation Status: Current version as at 27 Mar 2026
- Revised Edition: 2025 Revised Edition (2 June 2025)
- Commencement (as shown in extract): 1 January 2020
- Key Provision(s): Section 2 (Exemption for incidental supply of batteries)
- Key Cross-References: Resource Sustainability Act 2019, Sections 8 and 18(1)(a)
What Is This Legislation About?
The Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019 is a targeted exemption instrument made under the Resource Sustainability Act 2019. In plain terms, it addresses a practical compliance problem: when batteries are provided only as part of supplying another product, it may be unreasonable to treat the battery supply as a standalone regulated activity.
This Order therefore carves out a limited class of battery transactions—those where a battery is supplied “only in connection with” the supply of another product. For those incidental battery supplies, certain obligations in the Resource Sustainability Act 2019 do not apply. The legislative focus is on reducing regulatory burden while still preserving the Act’s broader environmental and resource-sustainability objectives for batteries that are genuinely supplied as regulated products.
Although the Order is brief (it contains a citation provision and a single substantive exemption), it is legally significant because it determines whether the Act’s battery-related requirements are triggered. For practitioners advising suppliers, distributors, retailers, and product manufacturers, the exemption can affect licensing, registration, reporting, and other compliance steps tied to the Act’s battery regime.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision confirming the short title of the instrument: the “Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019”. While not operational, it is relevant for legal referencing and for ensuring the correct instrument is applied.
Section 2 (Exemption for incidental supply of batteries) is the core of the Order. It provides that Sections 8 and 18(1)(a) of the Resource Sustainability Act 2019 do not apply to certain batteries, provided the factual conditions are met.
1. The exemption’s trigger: “incidental” supply only in connection with another product
Under Section 2(1), the exemption applies where a battery—either a portable battery or an industrial battery—is supplied only in connection with the supply of another product. The phrase “only in connection with” is crucial. It indicates that the battery must not be supplied as a separate, standalone item for its own sake; rather, it must be bundled or otherwise provided as part of delivering another product to the customer.
In practice, this typically covers scenarios such as:
- a battery included in the packaging of a device (e.g., a consumer product supplied with a battery installed or included for immediate use);
- a battery supplied as part of a kit where the battery is necessary for the functioning of the main product at time of supply; and
- situations where the commercial transaction is primarily for the other product, and the battery is incidental to that supply.
However, the exemption is not a blanket “any time a battery is mentioned” rule. If the battery is sold separately, offered for replacement as an independent product, or distributed in a manner that suggests it is being supplied as a regulated battery product rather than incidentally, the exemption may not apply.
2. The battery categories covered
Section 2(1) limits the exemption to two categories: portable batteries and industrial batteries. Section 2(2) confirms that these terms take their meanings from regulation 2 of the Resource Sustainability (Prescribed Regulated Products) Regulations 2019. This cross-reference matters because the definitions will determine whether a battery falls within the exemption.
For legal advice, practitioners should not rely on ordinary commercial understanding of “portable” or “industrial”. Instead, they should consult the definitions in the 2019 Prescribed Regulated Products Regulations. That is where the legal boundaries are set—such as whether particular battery chemistries, sizes, intended uses, or classifications are captured.
3. The specific statutory provisions excluded
The exemption is not general; it is expressly limited to the non-application of Sections 8 and 18(1)(a) of the Resource Sustainability Act 2019. This means that other provisions of the Act (if any) may still apply to incidental battery supplies, depending on their scope and wording.
Accordingly, the legal effect is best understood as a partial carve-out: the Act’s obligations contained in those specific sections are displaced for the covered incidental battery transactions. The practitioner should therefore map the battery supply activity against the Act’s overall structure to determine whether any other duties remain relevant (for example, obligations that are not contained in Sections 8 and 18(1)(a), or obligations that apply to broader categories of regulated products or activities).
4. Practical compliance consequence
Because the exemption removes the application of specified Act provisions, it can materially affect compliance steps. If Sections 8 and 18(1)(a) relate to particular regulatory requirements (such as obligations triggered by supplying regulated batteries), then qualifying for the exemption can reduce or eliminate those obligations for the supplier in respect of the incidental battery.
From a risk-management perspective, the supplier should document the basis for claiming the exemption—e.g., product packaging evidence, supply chain documentation showing the battery is included only with another product, and contractual or commercial records demonstrating the battery is not being supplied as a separate regulated item.
How Is This Legislation Structured?
This Order is structured in a simple format typical of subsidiary legislation that performs a narrow regulatory function. It contains:
- Section 1 (Citation): identifies the instrument by name.
- Section 2 (Exemption for incidental supply of batteries): sets out the substantive exemption, including the conditions for its application and the definitions by reference to another set of regulations.
There are no additional parts or schedules in the extract provided, and the operative legal content is concentrated entirely in Section 2. The Order’s brevity does not reduce its legal importance; rather, it reflects that the exemption is meant to be precise and easily applied to factual scenarios.
Who Does This Legislation Apply To?
The exemption applies to persons who supply batteries that fall within the defined categories (portable or industrial) and who supply those batteries only in connection with supplying another product. In practice, this will include a range of market participants such as manufacturers, importers, distributors, wholesalers, and retailers who include batteries with other products.
However, the exemption is conditional. It does not apply to all battery supply activities; it applies only where the supply is incidental to another product supply. Therefore, the applicability is fact-sensitive. A supplier who sells batteries as standalone replacement items, or who distributes batteries without a linked supply of another product, may not be able to rely on the exemption.
Why Is This Legislation Important?
Even though the Order is short, it plays a meaningful role in balancing environmental regulation with commercial practicality. Battery regulation can impose administrative and compliance burdens. Without an exemption, suppliers might have to treat incidental batteries—such as those packaged with devices—as if they were being supplied as regulated battery products in their own right.
By exempting incidental battery supplies from specified provisions of the Resource Sustainability Act 2019, the Order reduces unnecessary regulatory friction while still allowing the broader battery regime to operate where batteries are supplied as regulated products. This supports the policy goal of improving resource sustainability without overreaching into ordinary product packaging and bundling practices.
For practitioners, the Order is important because it can be the difference between a compliance obligation being triggered or not. In advising clients, lawyers should:
- identify whether the battery is a portable or industrial battery under the referenced definitions;
- assess whether the battery is supplied only in connection with another product (and not as a separate supply);
- confirm that the exemption displaces Sections 8 and 18(1)(a) of the Act, while checking whether any other Act provisions might still apply; and
- prepare evidence to support the exemption claim in case of regulatory review.
From an enforcement and audit perspective, regulators typically expect clear documentation and consistent product-supply practices. The exemption is therefore best approached as a structured legal analysis rather than a casual assumption.
Related Legislation
- Resource Sustainability Act 2019 (particularly Sections 8 and 18(1)(a))
- 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.