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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 33
Variation and termination of agreement
33 Variation and termination of agreement
(1) A Scheme administration agreement may be varied or terminated by agreement
in writing between the Minister and the Scheme participant.
(2) The Minister
may, by notice in writing given to the Scheme participant, vary or terminate a
Scheme administration agreement without the consent of the
Scheme participant-- (a) if satisfied that the Scheme participant has failed
to meet any performance target under the agreement, or
(b) in any other
circumstances authorised by the agreement.
(3) Without limiting subsection
(2), the Minister may vary a Scheme administration agreement without the
consent of the Scheme participant to provide for any performance target or
other matter required by this Part or the regulations to be included in the
agreement.
(4) The Scheme participant is not entitled to any compensation as
a result of the variation or termination of a Scheme administration agreement
under subsection (2)(a) or (3).
(5) A provision of a
Scheme administration agreement is void to the extent to which it purports to
exclude, limit or modify the operation of this section.
(6) The regulations
may make further provision with respect to the variation or termination of a
Scheme administration agreement.
(7) In this section,
"Scheme participant" , in relation to a Scheme administration agreement, means
the Scheme Coordinator or network operator who has entered into the agreement.
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