South Australian Current Acts South Australian Current Acts68—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.