New South Wales Consolidated Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 25

25 Content of Scheme administration agreements

(1) A Scheme Coordinator agreement must include provisions requiring the Scheme Coordinator to enter into and give effect to the following arrangements--

(a) arrangements with suppliers (
"supply arrangements" ) requiring the suppliers to pay to the Scheme Coordinator contributions towards the cost of the management, administration and operation of the Scheme,

(b) arrangements with network operators (
"network arrangements" ) in connection with the establishment, administration and operation of collection points requiring the Scheme Coordinator to pay to the operators refund amounts and associated administration and handling costs for containers that are collected at the collection points (and for which the collection point operators are required to pay a refund amount under Division 3).

(2) A network operator agreement must include provisions requiring the network operator to enter into and give effect to arrangements with persons in connection with the establishment and operation of collection points (
"collection point arrangements" ) requiring the network operator to pay to those persons refund amounts and associated handling costs for containers that are collected at those collection points (and for which a refund amount is payable under Division 3).

(3) A Scheme administration agreement must include such provisions as the Minister considers necessary to ensure--

(a) that each Scheme arrangement required under the agreement specifies a methodology for determining the amounts payable under the arrangement, and

(b) that the Scheme Coordinator or network operator to whom the agreement applies does not act unfairly, or unreasonably discriminate, against or in favour of any particular Scheme participant in negotiating, entering into, performing obligations under or enforcing any Scheme arrangement.

(4) A Scheme administration agreement may provide for such other matters as the Minister considers appropriate in relation to the management, administration or operation of the Scheme.

(5) The regulations may make provision for or with respect to the performance targets (including by reference to any specified network of collection points or area of operation) and any other matters to be included in a Scheme administration agreement.

(6) A Scheme Coordinator agreement may contain provisions relating to the exercise by the Scheme Coordinator of similar functions under the laws of other States and Territories relating to container deposit schemes.

(7) Nothing in this section or any other provision of this Division (except section 32) limits the matters for which a Scheme administration agreement may provide.