Western Australian Current Regulations
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WASTE AVOIDANCE AND RESOURCE RECOVERY (CONTAINER DEPOSIT SCHEME)
REGULATIONS 2019
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Terms used
3A. Things excluded from meaning of beverage
3B. Things included in or excluded from meaning of container
3C. Manner prescribed to be or not to be prohibited manner
3D. Persons included in or excluded from meaning of refund point operator
3E. Meaning of first responsible supplier
PART 1A -- Supply of beverage products
Division 1 -- Preliminary
3F. Terms used
Division 2 -- Requirement for container approval, refund mark and barcode
3G. Refund mark
3H. Barcode requirements
Division 3 -- Container approvals
Subdivision 1 -- Grant of container approval
3I. Application process for container approval
3J. Criteria for grant of container approval
3K. Grounds for refusal of container approval
3L. Matters to be considered by CEO in deciding application
3M. Decision in relation to container approval
3N. Conditions on container approvals
Subdivision 2 -- Transfer of container approval by application
3O. Application to transfer container approval
3P. Deciding transfer application
Subdivision 3 -- Amendment, suspension or cancellation of container approval on CEO’s initiative
3Q. Amendment of container approval on CEO’s initiative
3R. Suspension or cancellation of container approval
3S. Process for amendment, suspension or cancellation of container approval
3T. Notice of amendment, suspension or cancellation of container approval
3U. Container approval continues in force
Subdivision 4 -- Miscellaneous
3V. Register of container approvals
3W. Verification by statutory declaration
PART 2 -- Return of containers
Division 1 -- Refund point operators
4. Eligibility criteria for refund point operators
Division 2 -- Claiming refund amount
4A. Refund amount (s. 47J)
4B. Claiming refund amount from refund point
4C. When refund point operator not required to accept container and pay person refund amount
4D. Guidelines in relation to contaminated containers
4E. Refund declaration and proof of identity
4F. Ways refund amount may be paid
4G. Claiming refund amount from refund point that is reverse vending machine
4H. Ways reverse vending machine may dispense refund amount
4I. When refund amount must not be claimed
Division 3 -- Obligations in relation to refund points
4J. Refund point operator must keep refund declarations
4K. Obligations in relation to refund points other than reverse vending machines
4L. Obligations in relation to reverse vending machines
PART 2A -- Scheme agreements and scheme participants
Division 1 -- Scheme agreements
4M. Terms used
4N. Scheme agreement template
4O. Amendment of scheme agreement template
4P. Content and publication of approved scheme agreement template
4Q. Compliance with approved scheme agreement template
4R. Deemed term in scheme agreements
Division 2 -- Supply agreements
4S. Term used: approved supply amounts calculation methodology
4T. Supply amounts calculation methodology
4U. Amendment of supply amounts calculation methodology
4V. Content and publication of approved supply amounts calculation methodology
4W. Content of supply agreement
Division 3 -- Export rebate agreements
4X. Term used: export rebate protocol
4Y. Export rebate protocol
4Z. Content of export rebate agreements
Division 4 -- Refund point agreements
4ZA. Content of refund point agreements
4ZB. Circumstances in which refund point operator must not claim payment
Division 5 -- Material recovery agreements
Subdivision 1 -- Sampling plans and eligible container factors
4ZC. Terms used
4ZD. Coordinator to prepare draft sampling plan
4ZE. Amendment of approved sampling plan
4ZF. Cooperation with sampling
4ZG. Eligible container factor
Subdivision 2 -- MRF operators and material recovery agreements
4ZH. Terms used
4ZI. Recovery amount protocol
4ZJ. Content of material recovery agreement
4ZK. Circumstances in which MRF operator must not claim recovery amount
4ZL. Audits of MRF operators
Subdivision 3 -- Sharing payments with local governments
4ZM. Terms used
4ZN. Local government sharing protocol
4ZO. MRF operators to share payments with local governments
4ZP. Audits of MRF operators and local governments
PART 3 -- Coordinator of the scheme
Division 1 -- Appointment of Coordinator of the scheme
5. Approval of board members
6. Conditions of appointment of Coordinator
7. Functions of Coordinator
7A. Performance of Coordinator’s functions in relation to contracts
8. Performance of Coordinator’s functions in relation to refund points
9. Performance of Coordinator’s functions in relation to recycling
9A. Performance of Coordinator’s functions in relation to verification and recycling
Division 2 -- Coordinator performance targets
10. Container recovery rate: preliminary years
11. Container recovery rate: other years
12. Accessibility and coverage of refund points
Division 3 -- Reporting by Coordinator
13. Coordinator website
14. Notice to Minister of adverse matters
15. Annual report
16. Quarterly report
17. Minister may require reports for periods of less than 3 months
18. Website reporting
19. Coordinator must obtain required information from subsidiary or contractor
Division 4 -- Scheme Account
20. Scheme funds
Division 5 -- Ministerial directions
21. Term used: direction
22. Content of direction
23. Form of direction
24. Grounds for giving direction
25. Process for giving direction
26. Urgent direction may be given immediately
Division 6 -- Amendment, administration and revocation
27. Grounds for appointing administrator or revoking appointment of Coordinator
28. Process for amendment, administration or revocation by request
29. Process for amendment, administration or revocation by Minister’s initiative
30. Immediate appointment of administrator
31. Publication of amendment, administration or revocation
32. Interim Coordinator and Scheme Account
Division 7 -- Transitional arrangements
32A. Compliance with transition out plan
32B. Transition costs
PART 4 -- Miscellaneous
Division 1 -- Civil penalty provisions
33. Terms used
34. Civil penalty provisions prescribed
35. Court may make orders if person has contravened civil penalty provision
36. Warning notice in respect of application for civil penalty order
37. Proceedings for civil penalty order
38. Enforcement of civil penalty order
Division 2 -- Miscellaneous
39. Performance audit by CEO
40. Disclosure of information by CEO
41. Transition period for displaying refund mark on containers
Defined terms
Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019 PART 1 -- Preliminary
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