South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 68

68—Approval of classes of containers as category A or category B containers

        (1)         An application may be made (whether by a manufacturer, distributor or retailer of containers) to the Authority for approval of a class of containers as category A containers or category B containers.

        (2)         An application for an approval under this section—

            (a)         must be made in a manner and form determined by the Authority; and

            (b)         must be accompanied by the prescribed fee; and

            (c)         must, on request by the Authority, be accompanied by additional information to enable the Authority to determine the application.

        (3)         An approval under this section—

            (a)         must be granted subject to the following conditions:

                  (i)         that containers of the class to which the approval relates must bear the refund marking specified by the Authority for containers of that class;

                  (ii)         that the holder of the approval must have in place an effective and appropriate waste management arrangement in relation to containers of that class;

                  (iii)         in the case of an approval in relation to category B containers—that the waste management arrangement must require the holder of the approval to provide specified super collectors with a declaration in the form determined by the Authority in relation to each sale of such containers by the holder of the approval as soon as practicable after the sale; and

            (b)         may be granted subject to any other conditions the Authority thinks fit; and

            (c)         must be notified in the Gazette.

        (4)         Without limiting the grounds on which the Authority may refuse an application for an approval under this section, the Authority may refuse such an application if satisfied that—

            (a)         the container material (including the labelling or refund marking) is unsuitable for recycling, reuse or other disposal considered appropriate by the Authority; or

            (b)         the manner of application of the labelling or refund marking proposed in respect of the class of containers is likely to render the containers unsuitable for recycling, reuse or other disposal considered appropriate by the Authority; or

            (c)         there is no ongoing, effective and appropriate waste management arrangement in place in relation to the class of containers.

        (5)         If the Authority refuses an application for an approval under this section, it must give the applicant written notice of the refusal and the reasons for the refusal.

        (6)         The Authority may, on its own initiative or on application, by notice in the Gazette, vary an approval under this section or vary or revoke a condition of such an approval or impose a condition or further condition.

        (7)         The Authority may, by notice in the Gazette, revoke an approval under this section if satisfied that a condition of the approval has been contravened.

        (8)         Before the Authority revokes an approval under subsection (7), the Authority must—

            (a)         give the holder of the approval written notice of its proposed action specifying reasons for the proposed action; and

            (b)         allow the holder of the approval at least 14 days within which to make submissions to the Authority in relation to the proposed action.

        (9)         A notice under this section—

            (a)         must, in the case of a notice of approval, specify—

                  (i)         the class of containers to which the approval relates by reference to the manufacturer or distributor of the containers and any 1 or more of the following:

                        (A)         product name;

                        (B)         container contents when full;

                        (C)         container capacity;

                        (D)         container material;

                        (E)         any other factor considered relevant by the Authority;

                  (ii)         the conditions of the approval; and

            (b)         may contain transitional provisions as to the operation of this Division in relation to containers that are—

                  (i)         held by manufacturers, distributors or retailers for sale; or

                  (ii)         sold but remaining to be returned as empty containers under this Division; and

            (c)         has effect from the date of publication of the notice or a future date specified in the notice.



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