About 4 years ago I bought one 18 gallon, two 10 gallon, and two 5 gallon old style XXXX kegs over a period of 12 months from the local recycle tip at Redland Bay in QLD.
I had a discussion with the guy who had the recycling contract from the local council about the legality of ownership and he said that their standing was anything that hits the tipface lost any rights of ownership. If the breweries wanted the kegs back they would have to pay for them, the same applied to shopping trolleys from supermarkets that the council collected from parks and roadsides, if they wanted them back they had to pay a hefty fee. Most of them end up in containers shipped off for recyling in China.
Let me clear this up the (their standing) I'm talking about is what the local council, a government body has as a policy for its recycling facilities. The breweries have apparently argued their point through the court system without success. The people who run these facilities for the council have to follow a set of rules laid down by law on what they can and can't sell, they're still doing it, the recycling tips in Perth are doing it, your local recycling tip is probably doing it.
Does that make me a thief? Not according to local councils I've talked to. Is it unfair to the breweries? Yes. What's the answer? At the pub I worked at we unloaded all the kegs logged the serial numbers and kept all the empties under lock and key until the breweries collected them on the next delivery. When someone hired a keg we would deliver it to the address and set it up with a hefty deposit on the equipment which had to be returned in good condition. We ended up not hiring kegs out after a while because of all the trouble people caused with call outs from playing with the gas & the fact we could work out cheaper prices for them on bulk buys of carton beers.
HOW MANY KEGS DO YOU THINK WE LOST? 00000000000000000000000.
The hotels and pubs should be accountable for every keg that's delivered to their premises and should have to pay the cost of replacement when lost. I've driven past so many places where empty kegs are sitting in areas open to the public it's just not funny. How many kegs do you think they'd lose if they had to reimburse the breweries for everyone they lost? Not many, they'd soon find a way to keep them safe.
Another point to consider:
A ship's in trouble 20 nautical miles out to sea of Sydney, its carrying 20,000 kegs of Australian mega swill from the two major breweries, the crew abandon ship fearing it's sinking. The captain of another ship nearby sends an emergency crew to claim salvage rights and they then safely bring it into Sydney Harbour. Who do you think owns the ship, the beer, and the kegs which clearly have Property of CUB, XXXX, etc stamped all over them? Well according to most people on this site it's obviously not the captain who salvaged the ship.
Before I bought the kegs in my first post I checked whether it was okay (council policy). About 12 months later after building up the keg collection and buying old fittings to use with them from local pubs I phoned the Castlemaine Brewery at Milton about the bungs who said they couldn't help and admitted it was a grey area and an ongoing dispute with councils. He was very understanding and said he had to obviosly follow his companies viewpoint stating that if they see one of their kegs advertised for sale in the papers they try to reclaim them. We also had a discussion about the home brew use of the old kegs and this is when he told me their standpoint on safety concerns. Did he ask for my address and phone number? No. Did he call me a theif? No. He just said it's a grey area where councils and salvage is concerned.
Have I had opportunity to steal a keg from a pub? Hundreds. Have I? No. Would I? No.
Did I buy kegs from a local government authority who claimed them as salvage? You bet.
People can't steal safely stored kegs if there's a tracking system in place that notes which pubs have what keg and makes them accountable. Some newer kegs overseas have identification devices built into the head for easy tracking, a bit like chipping your pouch, which will make things easier for the breweries to keep control.
One last point, I've never bought a keg from anywhere else other than the tip and one salvage yard. No dodgy mate who works at a pub, or a garage sale, flea market etc. I'm not the least bit guilty of how I aquirred these kegs no matter how many people may disagree.
Cheers