New South Wales Consolidated Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 33

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.