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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 17
Circumstances in which schemes may be implemented
17 Circumstances in which schemes may be implemented
(1) The Minister is not to recommend the making of a regulation for or with
respect to the implementation of an extended producer responsibility scheme
unless the Minister is satisfied that it is necessary to do so having regard
to the following matters-- (a) the volume of waste requiring ultimate disposal
or the toxicity of the waste generated,
(b) whether there is a national
scheme in place that adequately addresses waste issues in New South Wales,
(c) whether there is an effective voluntary scheme in place (nationally or
State based) that is able to achieve the desired outcomes and is being
actively implemented, monitored and reported on,
(d) whether economic
analysis supports the implementation of the scheme,
(e) whether there are any
constitutional or other impediments to New South Wales acting unilaterally in
implementing the scheme.
(2) A regulation with respect to the implementation
or operation of a scheme cannot be challenged or invalidated because of this
section.
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