Victorian Numbered Regulations

CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) (CONTAINER DEPOSIT SCHEME) AMENDMENT (MISCELLANEOUS) REGULATIONS 2023 (SR NO 107 OF 2023) - REG 11

After Part 5 of the Principal Regulations insert —

" Part 6—Disposal of suitable eligible containers

        16     Landfill disposal exemptions

For the purposes of section 101(2)(b) of the Act, the prescribed information is the following—

        (a)     a statement that not disposing of the suitable eligible container at a landfill site is likely to pose a risk of harm to human health or the environment;

        (b)     the steps that the applicant has already taken to dispose of the suitable eligible container;

        (c)     evidence that methods of disposal other than disposal at a landfill site have been considered, including whether those methods of disposal are reasonably practicable in the circumstances;

        (d)     evidence that the circular economy hierarchy, as set out in section 8 of the Act, has been considered in relation to disposal of the suitable eligible container;

        (e)     a declaration in writing, signed by the applicant, confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

Part 7—Enforcement and offences

        17     Circumstances to refuse delivery of or refund for container

For the purposes of section 106(2)(d) of the Act, the prescribed circumstances are the following—

        (a)     that the collection point operator reasonably believes that—

              (i)     the container is damaged or contaminated with any substance such that it is unsuitable for reuse or recycling; or

              (ii)     the container poses a serious risk to health or safety or to the proper operation of the refund collection point; or

              (iii)     the container is not a suitable eligible container; or

              (iv)     the container's barcode is in such a condition that it cannot be scanned; or

              (v)     the container's refund marking is in such a condition that it cannot be read;

        (b)     that the collection point operator—

              (i)     pays the refund amount to a donation partner nominated by the person; or

              (ii)     gives the person a voucher that is equivalent to the refund amount and exchangeable or redeemable for goods, services or cash on the terms and conditions specified by the collection point operator in the voucher.

        18         Manner of payment

For the purposes of section 106(5)(a) of the Act, electronic funds transfer is a prescribed manner.

        19     Refund declarations and proof of identity

    (1)     For the purposes of section 108(1) and (3) of the Act, the prescribed information is a declaration in writing, signed by the person, confirming that—

        (a)     all suitable eligible containers presented by the person were acquired in Victoria on or after 1 November 2023; and

        (b)     no refund amount has previously been paid to the person for the containers at any refund collection point; and

        (c)     the information provided is, to the best of the person's knowledge, true and correct.

    (2)     For the purposes of section 108(3)(a) and (b) of the Act, the prescribed number is 1500.

    (3)     For the purposes of section 108(3)(b) of the Act, the prescribed period is 24 hours.".

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