New South Wales Consolidated Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 40

40 Container approvals

(1) A supplier may apply to the EPA for a container approval.

(2) An application for a container approval must--

(a) be in a form approved by the EPA, and

(b) contain or be accompanied by the information required by the EPA (as indicated in the form or in material accompanying the form), and

(c) be accompanied by the fee prescribed by or determined under the regulations.

(3) The EPA may determine an application for a container approval by granting the container approval to the applicant. The approval is subject to any conditions prescribed by the regulations or specified in the approval.

(4) The EPA may refuse to grant a container approval--

(a) if a supply arrangement is not in force between the applicant and a Scheme Coordinator, or

(b) if the labelling for containers of the class to which the application relates does not include a refund marking, or

(c) on any grounds prescribed by the regulations.

(5) The EPA may suspend or revoke a container approval on any grounds prescribed by the regulations.

(6) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions--

(a) the refusal of the EPA to grant a container approval to the person,

(b) a condition imposed by the EPA in relation to a container approval granted to the person,

(c) the suspension or revocation of a container approval granted to the person.

(7) For the purposes of such a review, an application for the grant of a container approval is taken to have been refused if the approval is not granted within 28 days after the application is made in accordance with this section.

(8) The holder of a container approval must not contravene a condition of the approval.

: Maximum penalty--

(a) in the case of a corporation--200 penalty units, or

(b) in the case of an individual--50 penalty units.

(9) The regulations may make provision for or with respect to container approvals and applications for container approvals (including the payment of fees for approvals). The regulations may limit a container approval to containers supplied by the person to whom the approval is granted.