Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2019 (WA)
!2019181GG!
G c.zette ISSN 1448-949X (print) PRINT POST APPROVED PP665002/00041 WESTERN AUSTRALIAN GOVERNMENT
4279
ISSN 2204-4264 (online)
| PERTH, TUESDAY, 17 DECEMBER 2019 |
No. 181 SPECIAL
PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12:30 PM
© STATE OF WESTERN AUSTRALIA
Western Australia
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment
Regulations 2019
Contents
1. Citation
2. Commencement
3. Regulations amended
4. Regulation 3 amended
5. Regulations 3A to 3E inserted
3A. Things excluded from meaning of
beverage3B. Things included in or excluded from
meaning of container3C. Manner prescribed to be or not to be
prohibited manner3D. Persons included in or excluded from
meaning of refund point operator3E. Meaning of first responsible supplier 6. Part 1A inserted
Part 1A — Supply of beverage products
Division 1 — Preliminary
3F. Terms used Division 2 — Requirement for container approval,
refund mark and barcode
3G. Refund mark 3H. Barcode requirements Division 3 — Container approvals
Subdivision 1 — Grant of container approval
3I. Application process for container approval 3J. Criteria for grant of container approval 3K. Grounds for refusal of container approval 3L. Matters to be considered by CEO in
deciding application
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3M. Decision in relation to container approval 3N. Conditions on container approvals Subdivision 2 — Transfer of container approval by
application
3O. Application to transfer container approval 3P. Deciding transfer application Subdivision 3 — Amendment, suspension or
cancellation of container approval on CEO’s
initiative
3Q. Amendment of container approval on CEO’s initiative 3R. Suspension or cancellation of container
approval3S. Process for amendment, suspension or
cancellation of container approval3T. Notice of amendment, suspension or
cancellation of container approval3U. Container approval continues in force Subdivision 4 — Miscellaneous
3V. Register of container approvals 3W. Verification by statutory declaration 7. Part 2 Division 1 heading inserted
Division 1 — Refund point operators
8. Part 2 Divisions 2 and 3 inserted
Division 2 — Claiming refund amount
4A. Refund amount (s. 47J) 4B. Claiming refund amount from refund point 4C. When refund point operator not required to
accept container and pay person refund
amount4D. Guidelines in relation to contaminated
containers4E. Refund declaration and proof of identity 4F. Ways refund amount may be paid 4G. Claiming refund amount from refund point
that is reverse vending machine4H. Ways reverse vending machine may
dispense refund amount4I. When refund amount must not be claimed Division 3 — Obligations in relation to refund points
4J. Refund point operator must keep refund
declarations4K. Obligations in relation to refund points other than reverse vending machines 4L. Obligations in relation to reverse vending
machines
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9. Part 2A inserted
Part 2A — Scheme agreements and scheme
participants
Division 1 — Scheme agreements
4M. Terms used 4N. Scheme agreement template 4O. Amendment of scheme agreement
template4P. Content and publication of approved
scheme agreement template4Q. Compliance with approved scheme
agreement template4R. Deemed term in scheme agreements Division 2 — Supply agreements
4S. Term used: approved supply amounts
calculation methodology4T. Supply amounts calculation methodology 4U. Amendment of supply amounts calculation
methodology4V. Content and publication of approved
supply amounts calculation methodology4W. Content of supply agreement Division 3 — Export rebate agreements
4X. Term used: export rebate protocol 4Y. Export rebate protocol 4Z. Content of export rebate agreements Division 4 — Refund point agreements
4ZA. Content of refund point agreements 4ZB. Circumstances in which refund point
operator must not claim paymentDivision 5 — Material recovery agreements
Subdivision 1 — Eligible container factor
4ZC. Terms used 4ZD. Coordinator to prepare draft sampling plan 4ZE. Amendment of sampling plan 4ZF. Cooperation with sampling 4ZG. Eligible container factor Subdivision 2 — MRF operators and material
recovery agreements
4ZH. Terms used 4ZI. Recovery amount protocol 4ZJ. Content of material recovery agreement 4ZK. Circumstances in which MRF operator
must not claim recovery amount4ZL. Audits of MRF operators
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Subdivision 3 — Sharing payments with local
governments
4ZM. Terms used 4ZN. Local government sharing protocol 4ZO. MRF operators to share payments with
local governments4ZP. Audits of MRF operators and local
governments10. Regulation 7 amended
11. Regulation 7A inserted
7A. Performance of Coordinator’s functions in
relation to contracts
12. Regulation 9 replaced
9. Performance of Coordinator’s functions in relation to recycling
9A. Performance of Coordinator’s functions in relation to verification and recycling 13. Regulation 12 amended
14. Regulation 15 amended
15. Regulation 16 amended
16. Regulation 17 amended
17. Regulation 20 amended
18. Regulation 24 amended
19. Regulation 27 amended
20. Part 3 Division 7 inserted
Division 7 — Transitional arrangements
32A. Compliance with transition out plan 32B. Transition costs 21. Regulation 34 amended
22. Regulation 36 amended
23. Part 4 Division 2 inserted
Division 2 — Miscellaneous
39. Performance audit by CEO 40. Disclosure of information by CEO 41. Transition period for displaying refund mark on containers
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Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment
Regulations 2019
Made by the Governor in Executive Council.
1. Citation
These regulations are the Waste Avoidance and Resource
Recovery (Container Deposit Scheme) Amendment
Regulations 2019.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Regulations amended
These regulations amend the Waste Avoidance and Resource
Recovery (Container Deposit Scheme) Regulations 2019.
4. Regulation 3 amended
(1) In regulation 3(1) insert in alphabetical order: bale means containers that have been mechanically
compressed together;
bottle crushing machine means a machine that is
designed to crush empty glass containers;
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bottle crushing service business means a business that is or includes the collection for processing for re-use or recycling of containers that are crushed by operation of bottle crushing machines periodically or permanently
installed at premises at which beverage products are
sold;
business day means a day other than —
(a) a Saturday or Sunday; or (b) a public holiday throughout the State;
common transaction platform has the meaning given
in regulation 9A;
relevant beverage product, in relation to a container,
means the beverage product that the container is or wasused for;
reverse vending machine means a device from which
refund amounts can be obtained by an operation that
involves placing empty containers into the device,
whether or not some other action is required to activatethe device;
(2) After regulation 3(1) insert: (1A)
In these regulations, a beverage product is an approved beverage product if a container approval that applies to the beverage product is in force.
(1B) In these regulations —
(a)
an amount has been claimed or attempted to be claimed under a material recovery agreement for a container if the container is included in a quantity of containers for which an amount has been claimed or attempted to be claimed; and
(b)
an amount has been paid under a material recovery agreement for a container if the
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container is included in a quantity of containers
for which an amount has been paid.
(3) After regulation 3(2) insert: (2A)
For the purposes of the definition of material recovery facility in section 47C(1) of the Act, a facility or other place operated by a person for the purposes of carrying on a bottle crushing service business (not being
premises where a bottle crushing machine is
periodically or permanently installed for crushing
containers sold at those premises) is prescribed to be a
material recovery facility.(4) After regulation 3(3) insert: (3A) For the purposes of the definition of refund point in
section 47C(1) of the Act, a reverse vending machine is
prescribed to be a refund point.5. Regulations 3A to 3E inserted
At the end of Part 1 insert:
3A. Things excluded from meaning of beverage
(1) In this regulation — cordial means concentrated syrup that —
(a) contains the following ingredients (whether or not it also contains other ingredients) —
(i) water;
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(ii) a sweetener (whether natural or artificial);
(iii) colouring (whether natural or artificial) or flavouring, or both;
and
(b) is intended to be diluted before consumption;
fermented milk product means a product made by
fermenting milk or adding a culture to milk (forexample, drinking yoghurt);
flavoured milk means milk to which flavouring has
been added;
flavouring means any natural or artificial flavouring
but does not include a sweetener;
milk includes —
(a)
any liquid milk product (including any substance in the nature of milk produced from milk concentrate or milk powder), other than a fermented milk product; and
(b) any plant-based milk substitute;
registered health tonic means a liquid that is —
(a) Therapeutic Goods maintained under the
included in the Australian Register of section 9A; and
(b) supplied with a label or other accompanying document specifying —
(i) that the liquid is for medicinal purposes; and
(ii) a recommended maximum dosage.
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(2) For the purposes of the definition of beverage in
section 47C(1) of the Act, each of the following thingsis prescribed not to be a beverage —
(a) milk, other than flavoured milk; (b)
concentrated fruit or vegetable juice (or a mixture of concentrated fruit and vegetable juices) that is intended to be diluted before consumption;
(c) cordial;
(d) a registered health tonic.
3B. Things included in or excluded from meaning of
container
(1) In this regulation — flavoured milk has the meaning given in
regulation 3A(1);flavouring means any natural or artificial flavouring
but does not include a sweetener;growler means a vessel that is designed to be —
(a) filled with a beverage and sealed; and (b)
once the beverage has been consumed, returned to the person from whom the beverage was purchased for re-filling and re-sealing;
sealable aluminium can means an aluminium can
that —
(a)
is designed to contain between 150 mL and 3 L (inclusive) of a beverage; and
(b)
can be sealed on demand at the site at which it is sold; and
(c) is designed to be non-reusable;
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wine-based beverage means a beverage that contains
(whether or not it also contains other ingredients) a
mixture of wine and either or both of the following —
(a) another beverage that is not a grape product; (b) an added flavouring.
(2) In this regulation, a beverage is a spirituous liquor if the beverage is —
(a)
a liqueur or alcoholic beverage produced by distillation (or a mixture of both); and
(b)
not mixed with any beverage other than a liqueur or alcoholic beverage produced by distillation.
(3) In this regulation, a beverage is wine if the beverage —
(a)
is produced by fermentation of grapes (whether or not it is mixed with any other grape product); and
(b)
is not mixed with any beverage other than a grape product; and
(c) does not contain any added flavouring.
(4) For the purposes of the definition of container in
section 47C(1) of the Act, a sealable aluminium can is
prescribed to be a container.(5) For the purposes of the definition of container in
section 47C(1) of the Act, each of the following thingsis prescribed not to be a container —
(a)
a vessel designed to contain less than 150 mL of beverage;
(b)
a vessel designed to contain more than 3 L of beverage;
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(c) a vessel made wholly or partly of glass and designed to contain only wine or spirituous liquor; (d) a vessel designed to contain 1 L or more of — (i) flavoured milk; or
(ii) a beverage composed of at least 90% fruit or vegetable juice (or a mixture of both);
(e) a vessel made of cardboard and plastic, cardboard and foil, or cardboard, plastic and foil (commonly known as a cask or an aseptic pack) and designed to contain 1 L or more of —
(i) wine; or
(ii) a wine-based beverage; or
(iii) water (including mineral water and spring water);
(f)
a vessel made of plastic or foil, or both, (commonly known as a sachet) and designed to contain 250 mL or more of wine;
(g) a growler.
3C. Manner prescribed to be or not to be prohibited
manner
(1) In this regulation — processed disposal, in relation to a glass container,
means processing the container and using the outputmaterial —
(a)
as a substitute for sand or aggregate in the construction of roads, asphalt or concrete; or
(b)
as a substitute for sand for bedding of pipework or cables; or
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(c)
as a bedding for slab and footpath construction; or
(d) as abrasive blast material; or (e) for water purification or drainage.
(2) For the purposes of the definition of prohibited
manner in section 47C(1) of the Act, disposing of a
container by burning or incinerating the container is
prescribed to be a prohibited manner.(3) For the purposes of the definition of prohibited
manner in section 47C(1) of the Act, each of the
following manners of disposal is prescribed not to be aprohibited manner —
(a)
disposing of a glass container by processed disposal;
(b)
disposing of a container by processing the container and using the output material for a purpose approved by the CEO.
3D. Persons included in or excluded from meaning of
refund point operator
(1)
For the purposes of the definition of refund point operator in section 47C(1) of the Act, each of the following persons is prescribed to be a refund point
operator —
(a)
a person who owns a reverse vending machine, unless the reverse vending machine has been leased or hired to another person;
(b)
a person who leases or hires a reverse vending machine from the owner of the reverse vending machine.
(2) For the purposes of the definition of refund point
operator in section 47C(1) of the Act, a person who
merely uses a reverse vending machine (and is not also
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a person prescribed under subregulation (1) or the
operator of a refund point that is not a reverse vendingmachine) is not a refund point operator.
3E. Meaning of first responsible supplier
(1)
This regulation applies if a person (the contract bottler) is engaged under a contract to make beverage products or fill containers with a beverage for another person
(the contract counterparty), in circumstances where
the beverage products are manufactured solely for the
contract counterparty.(2) If the contract bottler and the contract counterparty do
not expect that the contract bottler will make more than
300 000 beverage products (or fill more than 300 000
containers) for the contract counterparty in a financial
year, the contract bottler and the contract counterparty
may enter into an agreement under which the contract
bottler agrees that it is the first responsible supplier of
the beverage products (a first supplier agreement).(3) For the purposes of section 47D of the Act, if the
contract bottler and the contract counterparty have
entered into a first supplier agreement, then, in relation
to the first 300 000 beverage products the contract
bottler makes (or the first 300 000 beverage products
consisting of containers the contract bottler fills) for the
contract counterparty in each financial year, the
contract bottler is taken to be the first responsible
supplier and the contract counterparty is taken not to be
the first responsible supplier.(4) Subregulation (3) does not apply unless the contract bottler has —
(a)
provided a copy of the first supplier agreement to the Coordinator; and
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(b) if the first supplier agreement is amended — provided a copy of the amended agreement to
the Coordinator.
(5) The contract bottler must notify the Coordinator if the
first supplier agreement ceases to be in force.
6. Part 1A inserted
Before Part 2 insert:
Part 1A — Supply of beverage products
Division 1 — Preliminary
3F. Terms used
(1) In this Part — equivalent approval, in relation to a container
approval, or an application for a container approval,
that applies to a beverage product, means an approval
(however described) under a corresponding law that
applies to the beverage product (or that applies to the
type of container used for the beverage product).(2)
In this Part, 2 or more beverage products belong to the same beverage product class if the beverage products all consist of the same particular beverage packaged in a container of the same particular type.
Division 2 — Requirement for container approval,
refund mark and barcode
3G. Refund mark For the purposes of the definition of refund mark in section 47C(1) of the Act, the requirement is that the
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refund mark contain the words “10c refund at
collection depots/points in participating State/Territory
of purchase” in clear and legible characters.
3H. Barcode requirements
(1) In this regulation — GS1 Standard means the GS1 General Specifications standard published by GS1 AISBL from time to time;
GTIN barcode means a product barcode that contains a
Global Trade Item Number (GTIN) encoding and
complies with the GS1 Standard.(2) This regulation sets out the requirements that a barcode
for a container must comply with for the purposes of
section 47E(2)(c) of the Act.(3) Subject to subregulation (4), the barcode for the container must be either —
(a) a GTIN barcode unique to the beverage product class to which the relevant beverage product belongs; or (b) a product barcode unique to the beverage product class to which the relevant beverage product belongs that —
(i) complies with the EAN/UPC
symbology specifications for EAN–13,
EAN–8, UPC–A or UPC–E barcodes,set out in the GS1 Standard; and (ii) complies with the dimensional
specifications and symbol placement
guidelines that apply to the class of data
carriers to which the barcode belongs,
set out in the GS1 Standard; and(iii) does not duplicate any GTIN barcode or other product barcode; and
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(iv) is not fewer than 7, and not more than 13, digits.
(4) If the relevant beverage product is sold only in a
multipack of beverage products and is not intended forindividual sale, the barcode for the container —
(a) does not need to be unique to the beverage product class to which the relevant beverage product belongs; but (b) manufactured by the same manufacturer that
must be unique to all beverage products in multipacks.
(5) The barcode must be positioned on the container so
that when the container is empty, the barcode is easily
readable by a scanner designed to read barcodes
without the container needing to be significantly
manipulated or modified.
Division 3 — Container approvals
Subdivision 1 — Grant of container approval
3I. Application process for container approval
(1) An application to the CEO under section 47F(1) of the
Act is made by lodging the application with the
Coordinator in a way approved by the CEO.(2) The application must —
(a) be in a form approved by the CEO; and (b)
contain or be accompanied by the information or documents required by the CEO (as indicated in the form or in material accompanying the form); and
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(c)
be accompanied by the fee determined by the CEO by order published in the Gazette.
(3) Within 10 business days after the application is lodged with the Coordinator, the Coordinator must —
(a) review the application and — (i) if the Coordinator considers that the criteria for the grant of a container approval in regulation 3J have not been met or the container approval should
otherwise be refused — must make
written submissions to the CEO in
relation to the application; and(ii) in any other case — may make written
submissions to the CEO in relation to
the application;
and
(b) forward the application to the CEO.
(4) For the purposes of deciding whether to grant the container approval, the CEO may —
(a) specified information (including, without
request the applicant to provide further recyclability of the container) or documents within a specified time; or
(b)
invite any person to provide written submissions or information in relation to the application within a specified time.
(5) The CEO may refuse to consider an application if the
applicant does not comply with a request under
subregulation (4)(a) within the specified time.
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3J. Criteria for grant of container approval The CEO may grant a container approval that applies to a beverage product only if satisfied that —
(a)
the type of container used for the beverage product is capable of being recycled or re-used; and
(b)
the labelling, and the proposed way of displaying the refund mark, on the type of container used for the beverage product does not affect the capability of the type of container to be recycled and will not contaminate the recycling stream; and
(c)
a barcode that complies with the requirements prescribed for the purposes of section 47E(2)(c) of the Act (other than the requirement in regulation 3H(5)) has been allocated for the beverage product.
3K. Grounds for refusal of container approval
(1) The CEO may refuse to grant a container approval that applies to a beverage product if —
(a)
an application for an equivalent approval has been refused, or an equivalent approval has been suspended or cancelled; or
(b)
the type of container used for the beverage product is, while capable of being recycled or re-used, not suitable for recycling or re-use; or
(c) ongoing, effective and appropriate
arrangements are not available for the type of container used for the beverage product to be collected, sorted and recycled or re-used.
(2) Subregulation (1) does not limit the grounds on which
the CEO may refuse to grant a container approval.
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3L. Matters to be considered by CEO in deciding
application
(1) In deciding an application under section 47F(1) of the Act, the CEO —
(a) must have regard to the following — (i) the information and documents provided by the applicant in or with the application or in response to a request from the CEO for further information or documents;
(ii) the objects of Part 5A of the Act and whether the decision the CEO proposes to make would assist in the achievement of those objects;
(iii) Coordinator in relation to the
any written submissions made by the the application is lodged with the Coordinator;
(iv) if the CEO has invited any person to make written submissions or provide information in relation to the application
within a specified time — any written
submissions made or information provided by that person within the specified time;
and (b) may have regard to — (i) whether an equivalent approval is held or has been suspended or cancelled, or whether an application for an equivalent
approval has been refused; and
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(ii) if an approval referred to in
subparagraph (i) is or has been held —
any conditions attached to that approval;
and
(c) may consult with the Coordinator.
(2) Subregulation (1) does not limit the matters the CEO
may consider in deciding an application.
3M. Decision in relation to container approval
(1) The CEO must decide an application under
section 47F(1) of the Act within 20 business days afterthe later of the following days —
(a) the day on which the CEO receives the application from the Coordinator; (b) if the CEO makes one or more requests under regulation 3I(4)(a) in relation to the application — the day on which the last of the
requests to be complied with is complied with.
(2) If the CEO decides to grant a container approval, the
CEO must notify the Coordinator of the decision
within 5 business days after making the decision.(3) The notice must include the details of the container
approval that are set out in regulation 3V(2) (as
applicable).(4) The Coordinator must enter the details of the container
approval in the register of container approvals kept
under regulation 3V within 5 business days after
receiving the notification under subregulation (2).(5) The container approval commences when it is entered
into the register of container approvals by the
Coordinator.
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(6) If the CEO decides to refuse to grant a container
approval, the CEO must, within 10 business days after
making the decision, give the applicant and the
Coordinator written notice of the decision, stating the
grounds on which the approval was refused.
3N. Conditions on container approvals
(1) For the purposes of section 47F(3)(a) of the Act, the following conditions are prescribed —
(a)
the holder of the container approval and any first responsible supplier of a beverage product to which the container approval applies must give the Coordinator written notice if they have reason to believe that no beverage product to which the container approval applies will be supplied in the State in the future;
(b)
the holder of the container approval and any first responsible supplier of a beverage product to which the container approval applies must give the Coordinator written notice if an equivalent approval that is held by the holder or the first responsible supplier is amended, transferred, suspended or cancelled.
(2) Without limiting the conditions that may be imposed,
the CEO may impose a condition on a container
approval that relates to the term of the container
approval.(3) If the Coordinator receives a notice under
subregulation (1), the Coordinator must notify the CEO
within 10 business days after receiving the notice.
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Subdivision 2 — Transfer of container approval by
application
3O. Application to transfer container approval
(1) The holder of a container approval may apply to the
CEO to transfer the approval to another person.(2) An application to the CEO is made by lodging the
application with the Coordinator in a way approved by
the CEO.(3) The application must —
(a) be in a form approved by the CEO; and (b)
contain or be accompanied by the information or documents required by the CEO (as indicated in the form or in material accompanying the form); and
(c)
be accompanied by the signed consent of the proposed transferee; and
(d)
be accompanied by the fee determined by the CEO by order published in the Gazette.
(4) Within 10 business days after the application is lodged with the Coordinator, the Coordinator must —
(a) review the application and — (i) if the Coordinator considers that the
application should be refused — must
make written submissions to the CEO in
relation to the application; and(ii) in any other case — may make written
submissions to the CEO in relation to
the application;
and
(b) forward the application to the CEO.
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(5) For the purposes of deciding whether to grant the transfer, the CEO may —
(a)
request the applicant to provide further specified information or documents within a specified time; or
(b)
invite any person to provide written submissions or information in relation to the application within a specified time.
(6) The CEO may refuse to consider an application if the
applicant does not comply with a request under
subregulation (5)(a) within the specified time.
3P. Deciding transfer application
(1) If the CEO is deciding whether or not to transfer a
container approval on an application underregulation 3O(1) —
(a) regulation 3K applies as if a refusal to transfer the container approval were a refusal to grant a container approval; and (b)
of the following days — regulation 3L applies as if the decision were a section 47F(1) of the Act.
(2) The CEO must decide an application under
regulation 3O(1) within 20 business days after the later
(a) the day on which the CEO receives the application from the Coordinator; (b) if the CEO makes one or more requests under regulation 3O(5)(a) in relation to the application — the day on which the last of the
requests to be complied with is complied with.
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(3)
If the CEO decides to transfer the container approval, the CEO must notify the Coordinator of the decision within 5 business days after making the decision.
(4) The notice must include the following information —
(a)
the person to whom the container approval is being transferred;
(b) the date on which the transfer takes effect.
(5)
The Coordinator must update the details of the container approval in the register of container approvals kept under regulation 3V within 5 business
days after receiving the notification under
subregulation (3) or, if later, within 5 business days
after the date on which the transfer takes effect.(6) If the CEO decides to refuse to transfer the container
approval, the CEO must, within 10 business days after
making the decision, give the applicant, the proposed
transferee and the Coordinator written notice of the
decision, stating the grounds on which the transfer was
refused.
Subdivision 3 — Amendment, suspension or cancellation of
container approval on CEO’s initiative
3Q. Amendment of container approval on CEO’s initiative The CEO may, on the CEO’s own initiative, amend a container approval, including amending or revoking the conditions on the approval, or attaching new conditions to the approval.
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3R. Suspension or cancellation of container approval Without limiting the grounds on which the CEO may suspend or cancel a container approval, the CEO may
suspend or cancel a container approval if —
(a)
the type of container used for the beverage products to which the container approval applies is not, or is no longer, capable of being recycled or re-used; or
(b)
a container approval is no longer required under the scheme for the beverage products to which the container approval applies; or
(c)
no beverage product to which the container approval applies is to be supplied in the State in the future; or
(d)
the container approval was granted because of a materially false or misleading representation or declaration; or
(e)
an equivalent approval is amended, transferred, suspended or cancelled; or
(f)
the CEO considers that the suspension or cancellation is necessary for the proper operation of the scheme.
3S. Process for amendment, suspension or cancellation
of container approval
(1) This regulation applies if the CEO proposes to amend,
suspend or cancel a container approval (the proposed
action).(2) The CEO must —
(a) give the holder a written notice about the proposed action; and (b) publish a copy of the notice on the Department’s website.
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(3) The notice must —
(a) state the proposed action; and (b) if the proposed action is to amend the container approval — state the proposed amendment; and
(c) if the proposed action is to suspend the container approval — state the proposed period
of the suspension; and
(d) state the grounds for the proposed action; and (e) state the facts and circumstances that form the basis for the grounds; and (f) invite any person to make written submissions to the CEO about why the proposed action should not be taken; and (g) state the period (which must be at least holder) within which written submissions may be made (the submission period).
(4) The CEO may, after the end of the submission period —
(a) take the proposed action; or (b) if the proposed action was to suspend the container approval for a stated period —
suspend the container approval for a period
shorter than the stated period (the alternative
action); or(c) if the proposed action was to cancel the container approval — suspend the container
approval for a period (also the alternative
action).
(5) The CEO —
(a)
must consider any written submissions made by any person within the submission period; and
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(b)
may consider any other information the CEO considers relevant.
3T. Notice of amendment, suspension or cancellation of
container approval
(1) This regulation applies if the CEO has made a decision
to take or not take a proposed action under
regulation 3S(1) (the proposed action), or to take an
alternative action under regulation 3S(4) (the
alternative action).(2) The CEO must give the holder and the Coordinator written notice that the CEO has —
(a)
taken the proposed action or the alternative action; or
(b) decided not to take the proposed action.
(3) A written notice under subregulation (2)(a) must
specify the day on which the proposed action or the
alternative action takes effect, which must be at least
10 business days after the CEO has given the written
notice to the holder and the Coordinator, and published
a copy of the notice under subregulation (4).(4) The CEO must publish a copy of a written notice given under subregulation (2) on the Department’s website. (5) If the Coordinator receives written notice under
subregulation (2)(a), the Coordinator must, not later
than the day on which the proposed action or
alternative action takes effect, update the register of
container approvals kept under regulation 3V to record
the action taken.(6) The Coordinator must ensure that the register specifies
the day on which the action takes effect.
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3U. Container approval continues in force
(1) A container approval continues in force until either of the following happens —
(a) if the approval was granted for a term — the term ends;
(b) the container approval is cancelled.
(2) However, if a container approval is suspended, the
approval is not in force for the period of the
suspension.
Subdivision 4 — Miscellaneous
3V. Register of container approvals
(1) The Coordinator must establish and maintain an
up-to-date register of container approvals.(2) The register must contain the following details for each container approval —
(a) a description of the beverage products to which the approval applies, including the following —
(i) the beverage in the products;
(ii) the volume of beverage in the products;
(iii) the type of container used for the products;
(iv) the barcode for the products;
(b) the person who holds the approval; (c) whether the approval has been suspended; (d) the following days — (i) the day on which the approval commences (being the day on which the approval is entered into the register);
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(ii) if the approval is granted for a term —
the day on which the approval ends;
(iii) if the approval is suspended — the day
on which the suspension ends;
(iv) if the approval is cancelled — the day
on which the cancellation takes effect;
(e) any conditions on the approval.
(3) The Coordinator may also record in the register any
other information the Coordinator considers
appropriate.(4) The register —
(a)
may be kept in any form, including electronically, that the Coordinator considers appropriate; but
(b)
subject to subregulation (5), must be accessible and searchable by scheme participants and the public.
(5)
The Coordinator may restrict access to, and visibility of, the details of any container approval recorded on the register if no beverage product to which the
approval applies has been supplied in the State.
3W. Verification by statutory declaration The CEO may require any information or documents
supplied by an applicant for a container approval or by
a holder of a container approval to be verified by
statutory declaration.
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7. Part 2 Division 1 heading inserted
At the beginning of Part 2 insert:
Division 1 — Refund point operators
8. Part 2 Divisions 2 and 3 inserted
At the end of Part 2 insert:
Division 2 — Claiming refund amount
4A. Refund amount (s. 47J) For the purposes of Part 5A of the Act, the refund
amount is 10 cents.4B. Claiming refund amount from refund point
(1)
On and after the appointed day for section 47E of the Act, a person may claim or attempt to claim a refund amount for an empty container by presenting the
container at a refund point. (2)
Subject to regulation 4C, the refund point operator of the refund point must accept the container and pay the person the refund amount for the container.
Civil penalty: $25 000. (3) This regulation does not apply to a refund point that is
a reverse vending machine.
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4C. When refund point operator not required to accept
container and pay person refund amount
(1) In this regulation — contaminated container means a container (including
any labelling) presented to a refund point that is
contaminated with any substance such that, in the
reasonable opinion of the refund point operator of the
refund point (taking into account any guidelinesprepared under regulation 4D), the container —
(a) is unsuitable for re-use or recycling; or (b)
poses a serious risk to health or safety or to the proper operation of the refund point;
damaged container means a container (including any
labelling) presented to a refund point that is so
damaged, or in such a condition, that the barcode
cannot be scanned or otherwise recognised;whole container means a container that is whole, or that is not missing anything other than labelling or a lid, ring pull or other portion of the container that is designed to be removed by consumers for the purposes
of accessing the contents of the container.
(2) If a person presenting a container at a refund point
requests the refund amount for the container be paid to
another entity, the refund point operator of the refund
point may pay the refund amount to that other entity.Example for this subregulation: A refund point operator may agree to pay the refund
amount to a charity.
(3) If a person donates a container to a refund point
operator, the refund point operator is not required to
pay the person a refund amount for the container.
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(4)
A refund point operator may refuse to accept a container and to pay the refund amount for the
container if —
(a) the container is a damaged container; or (b) on and after the transition day (as defined in regulation 41(1)), the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read; or (c) that the relevant beverage product was supplied
the refund point operator reasonably believes section 47E of the Act; or
(d) if a sign at the refund point operated by the refund point operator states that the refund point operator pays refund amounts in a way other than in cash — the person presenting the
container refuses to accept the refund amount
paid in the other way; or(e) the refund point operator suspects the container was part of a bale.
(5) A refund point operator must refuse to accept a
container and to pay a person the refund amount for thecontainer if —
(a) the refund point operator knows, or ought reasonably to know, that —
(i) a refund amount has already been paid for the container; or
(ii) the relevant beverage product is not an approved beverage product; or
(iii) the container was collected or received by an MRF operator in its capacity as an MRF operator; or
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(iv) the container was collected pursuant to an agreement to collect the container and deliver it to an MRF operator; or
(v) attempted to be claimed) for the
container under a refund point
agreement or a material recoveryan amount has already been claimed (or attempted claim was by the refund point operator, or another person); or
(vi) the container is or was part of a bale; or
(vii) the relevant beverage product was not supplied in the State;
or (b) the container is not empty; or (c) the container is not a whole container; or (d) the container is a contaminated container; or (e) the refund point operator is not able to ascertain the relevant beverage product; or (f) the container is in such a condition that the refund point operator is not reasonably able to confirm that it is a container; or (g) the person is required to give the refund point regulation 4E and does not comply with the requirement.
(6) This regulation does not apply to a refund point that is
a reverse vending machine.
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4D. Guidelines in relation to contaminated containers
(1) The CEO may prepare, and amend or revoke at any
time, a document that sets out guidelines for
determining if a container is a contaminated container
for the purposes of regulations 4C and 4G.(2) The CEO must publish a document prepared under subregulation (1) on the Department’s website.
4E. Refund declaration and proof of identity
(1) In this regulation — bulk claim arrangement, between a person and a refund point operator, is an arrangement in writing —
(a)
under which the refund point operator agrees to accept claims for refund amounts for bulk quantities of empty containers from the person; and
(b) that states the person’s obligations under the arrangement in relation to claiming the refund
amounts and delivering empty containers to the
refund point; and(c)
under which the person warrants the matters in subregulation (3)(a) and (b) in relation to the containers delivered under the arrangement;
bulk quantity, of empty containers, means 1 500 or
more containers.
(2) A person who claims or attempts to claim a refund
amount at a refund point under regulation 4B must give
the refund point operator of the refund point a refunddeclaration if —
(a)
the claim is for a bulk quantity of empty containers and is not covered by a bulk claim arrangement between the person and the refund point operator; or
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(b)
the claim is not for a bulk quantity of empty containers and the refund point operator asks the person for a refund declaration.
(3)
A refund declaration is a notice in which a person declares, for the containers for which the person is
claiming or attempting to claim a refund amount —
(a) that the containers were collected in the State for the purpose of claiming the refund amount under the scheme; and (b) that the person reasonably believes that — (i) all of the containers were first supplied in the State on or after the appointed day for section 47E of the Act; and
(ii) the relevant beverage product in relation to each container is an approved beverage product; and
(iii) a refund amount has not previously been paid for any container; and
(iv) none of the containers are or were part of a bale.
(4) A refund declaration must be —
(a) in a form approved by the CEO; and (b) signed by the person making the declaration; and (c) witnessed by the refund point operator to whom the refund declaration is given or by an employee of that refund point operator; and (d) accompanied by an official document containing the person’s photograph (for
example, a passport or driver’s licence) as
proof of the person’s identity.
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4F. Ways refund amount may be paid
(1) A refund point operator may pay refund amounts for
containers presented at a refund point in one or more of
the following ways, and in different ways for differentquantities of containers — (a) in cash;
(b) if the Coordinator agrees to another way of payment (for example, electronic funds transfer to a bank account or credit card account) — in
that other way.
(2) If a refund point operator pays a refund amount as a
voucher or card redeemable for cash, goods or services,the refund point operator must ensure that —
(a)
the voucher expires 3 years after the date on which the refund amount is paid; and
(b)
either the expiry date, or the date on which the voucher was issued plus a statement that the voucher expires 3 years after that date, is shown on the voucher.
Civil penalty: $5 000.
(3)
If a refund point operator pays a refund amount for containers presented at a refund point other than in cash, the refund point operator must ensure that the following information is clearly displayed at the refund
point —
(a) the way or ways in which the refund point operator pays the refund amount; (b) if the refund point operator pays a refund amount as a voucher or card redeemable for cash, goods or services — what the holder of
the voucher will be entitled to redeem the
voucher or card for;
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(c) if the refund point operator pays the refund amount in different ways for different quantities of containers — the quantities of
containers that apply for each different way.
Civil penalty: $5 000.
(4) This regulation does not apply to a refund point that is
a reverse vending machine.
4G. Claiming refund amount from refund point that is
reverse vending machine
(1) In this regulation — contaminated container means a container (including
any labelling) placed into a reverse vending machine
that is contaminated with any substance such that, in
the reasonable opinion of the person who owns the
reverse vending machine (or, if the machine has been
leased or hired to another person, that other person),
taking into account any guidelines prepared underregulation 4D, the container —
(a) is unsuitable for re-use or recycling; or (b)
poses a serious risk to health or safety or to the proper operation of the reverse vending machine.
(2)
On and after the appointed day for section 47E of the Act, a person may claim or attempt to claim a refund amount for an empty container from a refund point that
is a reverse vending machine by placing the container
in the machine.
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(3)
Subject to subregulations (4) and (5), the person who owns the reverse vending machine (or, if the machine has been leased or hired to another person, that other person) must ensure that the machine, if working
properly, pays a refund amount for the container. Civil penalty: $25 000. (4) The person who owns the reverse vending machine (or,
if the machine has been leased or hired to another
person, that other person) must ensure that the machine
does not pay a refund amount for a container if the
relevant beverage product is not an approved beverage
product.(5) A refund amount is not required to be paid by a reverse vending machine for a container that —
(a) is so damaged, or in such a condition, that — (i) the barcode cannot be scanned or otherwise recognised; or
(ii) the reverse vending machine is not able to confirm that it is a container;
or
(b) is not empty; or
(c)
is not a whole container (as defined in regulation 4C(1)); or
(d) is a contaminated container.
(6) A refund amount is paid for the container when the reverse vending machine — (a) accepts the container; and
(b)
dispenses the refund amount for the container in a way mentioned in regulation 4H(1); and
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(c) gives the person a written record (which may be given electronically) of —
(i) the container accepted; and
(ii) the refund amount for the container; and
(iii) how and, if the refund amount was not dispensed to the person, to whom the refund amount was dispensed.
(7) A refund amount paid by a reverse vending machine is
taken to be a refund amount paid by the person who
owns the reverse vending machine (or, if the machine
has been leased or hired to another person, that other
person).
4H. Ways reverse vending machine may dispense
refund amount
(1) A refund amount may be dispensed by a reverse vending machine — (a) to —
(i) the person claiming the refund amount; or
(ii) if the person claiming the refund amount requests the refund amount be
paid to another entity — that other
entity;
and
(b) in one or more of the following ways and in different ways for different quantities of containers —
(i) in cash;
(ii) if the Coordinator agrees to another way of payment (for example, electronic funds transfer to a bank account or
credit card account) — in that other
way.
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(2) If a reverse vending machine dispenses a refund
amount as a voucher or card redeemable for cash,
goods or services, the person who owns the machine
(or, if the machine has been leased or hired to anotherperson, that other person) must ensure that —
(a)
the voucher expires 3 years after the date on which the refund amount is dispensed; and
(b)
either the expiry date, or the date on which the voucher was dispensed plus a statement that the voucher expires 3 years after that date, is shown on the voucher.
Civil penalty: $5 000.
(3) If a reverse vending machine dispenses a refund
amount for a container other than in cash, the person
who owns the machine (or, if the machine has been
leased or hired to another person, that other person)
must ensure that the following information is clearlydisplayed on or near the machine —
(a) the way or ways in which the refund amount is dispensed; (b) if the machine dispenses a refund amount as a voucher or card redeemable for cash, goods or services — what the holder of the voucher will
be entitled to redeem the voucher or card for;
(c) if the machine dispenses a refund amount in different ways for different quantities of containers — the quantities of containers that
apply for each different way.
Civil penalty: $5 000.
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4I. When refund amount must not be claimed A person must not claim or attempt to claim a refund amount for an empty container at a refund point if — (a) the person —
(i) is an MRF operator that has collected or received the container in its capacity as an MRF operator; or
(ii) otherwise knows, or ought reasonably to or received by an MRF operator in its capacity as an MRF operator;
or
(b) the person has collected the container pursuant to an agreement to collect the container and deliver it to an MRF operator; or (c) the person knows, or ought reasonably to know, that —
(i) a refund amount has already been paid for the container; or
(ii) the container is or was part of a bale.
Penalty: a fine of $10 000.
Division 3 — Obligations in relation to refund points
4J. Refund point operator must keep refund
declarations
(1) A refund point operator must —
(a)
keep each refund declaration given to the refund point operator under regulation 4E for at least 3 years after the declaration was given; and
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(b) for the proof of identity document mentioned in regulation 4E(4)(d) that accompanied the declaration —
(i) make a copy of the proof of identity document; and
(ii) keep the copy with the declaration for the period mentioned in paragraph (a).
Civil penalty: $25 000.
(2) For this regulation, a document may be made or kept — (a) electronically; or
(b) by making or keeping a copy of the document.
4K. Obligations in relation to refund points other than
reverse vending machines
(1)
On and after the appointed day for section 47E of the Act, a refund point operator must, in relation to each
refund point that the refund point operator operates —
(a) ensure that the refund point is maintained in good working order; and (b) ensure that facilities are — (i) provided at the refund point to receive material that is not accepted at the refund point to prevent litter in and around the refund point; and
(ii) maintained to a standard acceptable to the Coordinator.
Civil penalty: $25 000.
(2) This regulation does not apply to a refund point that is
a reverse vending machine.
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4L. Obligations in relation to reverse vending machines
(1) This regulation applies to a refund point operator that is
prescribed under regulation 3D(1).(2) On and after the appointed day for section 47E of the
Act, the refund point operator must, in relation to each
reverse vending machine that the refund point operator
owns (other than a reverse vending machine that has
been leased or hired to another person) or leases or
hires from another person, ensure as far as isreasonably practicable —
(a) that the reverse vending machine is working properly; and (b) if the machine is not working properly — (i) that the machine is turned off; or
(ii) that a sign or other method is used to indicate to users the machine is not working properly;
and
(c)
that the machine, if working properly, dispenses a refund amount for each container that it accepts; and
(d) that facilities are —
(i) provided at the reverse vending machine at the reverse vending machine to prevent litter in and around the reverse vending machine; and
(ii) maintained to a standard acceptable to the Coordinator.
Civil penalty: $25 000.
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9. Part 2A inserted
Before Part 3 insert:
Part 2A — Scheme agreements and scheme
participants
Division 1 — Scheme agreements
4M. Terms used In this Division — approved scheme agreement template means each
template approved by the CEO under regulation 4N(5),
as amended by any amendments that have effect under
regulation 4O;counterparty means a party, or proposed party, to a
scheme agreement, not being the Coordinator.4N. Scheme agreement template
(1) If required by the CEO, the Coordinator must prepare,
and give to the CEO within the time specified by the
CEO, at least one proposed template for each of thefollowing types of scheme agreement — (a) an export rebate agreement;
(b) a material recovery agreement;
(c) a refund point agreement;(d) a supply agreement.
(2) A proposed template for a particular type of scheme agreement may —
(a)
apply to all scheme agreements of that type that are to be entered into; or
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(b)
apply only to certain scheme agreements of that type that are to be entered into, by reference to specified factors including (without limitation) by reference to characteristics of the counterparty that is to enter into the scheme agreement.
(3) A proposed template must set out the standard
provisions that the Coordinator proposes should, unless
otherwise approved by the CEO, be included in each
scheme agreement to which the template applies.(4) If there is more than one proposed template for a
particular type of scheme agreement, each template
may contain different standard provisions to the other
proposed templates for that particular type of scheme
agreement.(5)
If the Coordinator gives the CEO a template under subregulation (1) or (7), the CEO may, by written
notice — (a) approve the template; or
(b) direct the Coordinator to, within the period specified in the notice (which must be at least 20 business days after the notice is given to the Coordinator) —
(i) template or make specified
modifications to the template (including,
without limitation, modifications intake specified steps in relation to the which the template applies); and
(ii) submit a revised template.
(6) Before directing the Coordinator under
subregulation (5)(b), the CEO must consult with the
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Coordinator on the proposed direction and have regard to any views expressed by the Coordinator.
(7) The Coordinator must comply with a direction under
subregulation (5)(b) as soon as is practicable and in any
event within the period specified in the notice.
4O. Amendment of scheme agreement template
(1) If the Coordinator wishes to amend a scheme
agreement template, the Coordinator must give the
amended scheme agreement template to the CEO.(2) An amendment to a scheme agreement template under
subregulation (1) has no effect until the amended
scheme agreement template has been approved by the
CEO.(3) The CEO may, after consultation with the Coordinator
and having regard to any views expressed by the
Coordinator, amend a scheme agreement template bygiving a written notice to the Coordinator that states — (a) the amendment; and
(b)
the date on which the amendment is to take effect (which must be after the notice is given to the Coordinator).
(4) An amendment to a scheme agreement template under
subregulation (3) has effect on the date stated in the
notice given under subregulation (3).
4P. Content and publication of approved scheme
agreement template
(1) Each approved scheme agreement template must include provisions about the following —
(a)
how and when claims and payments are to be made between the Coordinator and the
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counterparty and how any GST impacts are to
be dealt with;
(b) how and when claims and payments are to be made between the Coordinator and the counterparty in relation to overpaid and underpaid amounts; (c) record keeping by the counterparty; (d) the counterparty’s obligations in relation to giving information or documents to the information or documents are to be given;
(e) the circumstances and manner in which the Coordinator can appoint an independent auditor to audit the counterparty’s systems in relation
to the scheme or verify or review data supplied
by the counterparty to the Coordinator;(f) a dispute resolution process for settling disputes between the Coordinator and the counterparty; (g) the term of the agreement and when the agreement must be reviewed; (h) a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it; (i) the consequences of a breach of the agreement and a process to manage breaches;
(j)
termination, including the events or circumstances giving rise to a right to terminate and a process for either party to terminate in the absence of any breach;
(k)
assignment of the agreement by the counterparty;
(l)
the categories of information that may be published or disclosed by the Coordinator;
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(m)
protection of confidential information disclosed by the counterparty, and permitted uses of that information by the Coordinator;
(n)
any other matter the CEO may require in support of the objectives of Part 5A of the Act.
(2)
In addition to the matters in subregulation (1), each approved scheme agreement template must include provisions about the matters set out in regulations 4W,
4Z, 4ZA and 4ZJ to the extent that the regulation
relates to the type of scheme agreement to which the
approved scheme agreement template applies.(3) The Coordinator must publish each approved scheme
agreement template on its website.
4Q. Compliance with approved scheme agreement
template
(1) In this regulation — relevant approved scheme agreement template, in
relation to a scheme agreement, means the approved
scheme agreement template that applies to the scheme
agreement, as at the date on which the scheme
agreement is entered into.(2) Unless the CEO approves otherwise, each scheme
agreement that the Coordinator enters into must contain
the standard provisions set out in the relevant approved
scheme agreement template.(3) Subregulation (2) does not limit the provisions which a
scheme agreement may contain.(4) Unless approved by the CEO, a provision of a scheme
agreement has no effect to the extent the provision is
inconsistent with the standard provisions set out in the
relevant approved scheme agreement template (except
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to the extent the inconsistency arises from the
Coordinator’s compliance with subregulation (5)).
(5) If amendments are made (and have effect under
regulation 4O) to a scheme agreement template that
applies to a scheme agreement after the scheme
agreement is entered into, the Coordinator must use its
best endeavours to incorporate the amendments into the
scheme agreement.
4R. Deemed term in scheme agreements It is a term of every scheme agreement that the counterparty —
(a)
consents to any novation of the agreement by the Coordinator on terms determined by the Coordinator; and
(b)
agrees to enter into a deed of novation reflecting those terms.
Division 2 — Supply agreements
4S. Term used: approved supply amounts calculation
methodologyIn this Division — approved supply amounts calculation methodology means the document approved by the CEO under
regulation 4T(4), as amended by any amendments that
have effect under regulation 4U.4T. Supply amounts calculation methodology
(1) If required by the CEO, the Coordinator must prepare,
and give to the CEO within the time specified by the
CEO, a document setting out how supply amounts are
to be calculated.
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(2) The document may include more than one method of
calculating supply amounts.(3) A method of calculating supply amounts may —
(a)
apply generally or be limited in its application by reference to specified exceptions or factors; or
(b)
apply differently according to different factors of a specified kind; or
(c)
authorise any matter to be from time to time determined, applied or regulated by any specified person or body.
(4) If the Coordinator gives the CEO a document under
subregulation (1) or (6), the CEO may, by writtennotice — (a) approve the document; or
(b) direct the Coordinator to, within the period specified in the notice (which must be at least 20 business days after the notice is given to the Coordinator) —
(i) take specified steps in relation to the modifications to the document; and
(ii) submit a revised document.
(5) Before directing the Coordinator under
subregulation (4)(b), the CEO must consult with the
Coordinator on the proposed direction and have regard
to any views expressed by the Coordinator.(6) The Coordinator must comply with a direction under
subregulation (4)(b) as soon as is practicable and in any
event within the period specified in the notice.
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4U. Amendment of supply amounts calculation
methodology
(1) The CEO may, after consultation with the Coordinator
and having regard to any views expressed by the
Coordinator, amend the supply amounts calculation
methodology by giving a written notice to theCoordinator that states — (a) the amendment; and
(b)
the date on which the amendment is to take effect (which must be after the notice is given to the Coordinator).
(2) An amendment to the supply amounts calculation
methodology under subregulation (1) has effect on the
date stated in the notice given under subregulation (1).
4V. Content and publication of approved supply
amounts calculation methodology
(1) Each method of calculating supply amounts contained
in the approved supply amounts calculation
methodology must provide for supply amounts under a
supply agreement between the Coordinator and a
person (the counterparty) for a particular period to be
calculated by reference to the following factors(whether or not other factors are also referred to) —
(a)
the number of beverage products the counterparty to the supply agreement declares it has first supplied in the State during the period;
(b)
an estimate of the number of containers that are returned to refund points or collected or received by an MRF operator during the period;
(c) the container recovery rate for the period; (d)
the recovery value of the material used for the container, being the cost incurred in, or revenue
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received from, getting the material recycled, as
determined by the Coordinator.
(2) The Coordinator must publish the approved supply
amounts calculation methodology on its website.
4W. Content of supply agreement
(1) For the purposes of section 47O(1)(b) of the Act, the
following matters are prescribed as matters that a
supply agreement between the Coordinator and a
person (the counterparty) must include provisionsabout —
(a) the matters set out in regulation 4P(1); (b)
the calculation of supply amounts in accordance with the approved supply amounts calculation methodology.
(2) Where, in the Coordinator’s opinion, the counterparty is a minor beverage supplier, the frequency of
payments and reporting to the Coordinator required
under the supply agreement must not, unless the
counterparty elects for the frequency to be monthly, be
more than quarterly.Division 3 — Export rebate agreements
4X. Term used: export rebate protocol In this Division — export rebate protocol has the meaning given in
regulation 4Y(1).4Y. Export rebate protocol
(1) The CEO may prepare, and amend or revoke at any
time, a document that relates to exporters and export
rebate agreements (the export rebate protocol).
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(2) The CEO must publish the export rebate protocol on the Department’s website. (3) If the CEO prepares an export rebate protocol, the CEO —
(a)
may review the document at any time the CEO considers it appropriate; and
(b)
must review the document if the Coordinator or an exporter asks the CEO in writing to review the document.
4Z. Content of export rebate agreements
(1) For the purposes of section 47P(3)(b) of the Act, the
following matters are prescribed as matters that an
export rebate agreement must include provisionsabout —
(a) the matters set out in regulation 4P(1); (b)
the calculation of amounts payable to the exporter under the agreement in accordance with the export rebate protocol;
(c) the exporter’s obligations in relation to demonstrating that the containers for which
payment is claimed are scheme containers (as
defined in section 47P(1) of the Act);(d)
the process if the Coordinator reasonably suspects a fraudulent claim.
(2) To the extent that the export rebate protocol deals with
any of the matters in subregulation (1), the export
rebate agreement must provide that the matter be dealt
with in accordance with the export rebate protocol.
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Division 4 — Refund point agreements
4ZA. Content of refund point agreements For the purposes of section 47Q(1)(b) of the Act, the
following matters are prescribed as matters that a
refund point agreement between the Coordinator and a
person (the counterparty) must include provisionsabout —
(a) the matters set out in regulation 4P(1); (b) how the amounts payable to the counterparty under the agreement are to be calculated, including amounts for —
(i) refund amounts paid, or to be paid, by the counterparty for containers; and
(ii) handling and sorting the containers for recycling;
(c) the counterparty’s obligation to comply with the Minimum Network Standards (as defined in
regulation 12(1));(d) the counterparty’s obligation not to accept bales;
(e) the counterparty’s obligations in relation to sorting and transporting empty containers;
(f) the counterparty’s obligations in relation to operating refund points, including in relation to
accessibility, public safety, compliance with
relevant laws, public liability insurance and
theft prevention;(g) whether the counterparty can subcontract the operation of the refund point and the counterparty’s obligations to the Coordinator if
the operation is subcontracted;
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(h) the ability for the Coordinator to undertake an audit of the counterparty’s performance of its obligations and the counterparty’s obligations
to give access to the counterparty’s premises
for the purposes of the audit and provide any
information and documents that the
Coordinator requests;(i) the process if the Coordinator reasonably suspects a fraudulent claim.
4ZB. Circumstances in which refund point operator must
not claim payment
(1)
For the purposes of section 47Q(2)(b) of the Act, a refund point operator must not claim, or attempt to claim, payment from the Coordinator under a refund
point agreement in relation to a container if any of the following apply —
(a) the refund point operator has not paid a refund amount for the container (unless the container was donated to the refund point operator); (b) the refund point operator should have refused to accept the container under regulation 4C(5); (c) if the claim relates to a container accepted by a reverse vending machine —
(i) the relevant beverage product is not an approved beverage product; or
(ii) the container is not empty; or
(iii) the container is not a whole container (as defined in regulation 4C(1)); or
(iv) the container is a contaminated regulation 4G(1));
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(d)
the refund point operator has contravened section 47M(5) of the Act in relation to the container;
(e)
the refund point operator knows, or ought reasonably to know, that the container has been disposed of in contravention of section 47M(3), (4) or (5) of the Act;
(f)
the refund point operator is also an MRF operator and collected or received the container in its capacity as MRF operator;
(g)
the refund point operator knows, or ought reasonably to know, that an amount has already been claimed (or attempted to be claimed) for the container under a refund point agreement or a material recovery agreement (whether the claim or attempted claim was by the refund point operator or another person);
(h)
the refund point operator knows, or ought reasonably to know, that a refund amount has been paid for the container on more than one occasion at any one or more refund points.
(2)
Subregulation (1)(d) and (e) does not apply to a container that is the subject of an extraordinary circumstances exemption granted under section 47N(3)
of the Act. Division 5 — Material recovery agreements
Subdivision 1 — Eligible container factor
4ZC. Terms used In this Subdivision — approved sampling plan means the document
approved by the CEO under regulation 4ZD(3), as
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amended by any amendments that have effect under
regulation 4ZE;
recovery amount protocol has the meaning given in
regulation 4ZI(1).
4ZD. Coordinator to prepare draft sampling plan
(1) If required by the CEO, the Coordinator must prepare,
and give to the CEO within the time specified by the
CEO, a draft sampling plan.(2) The draft sampling plan must set out the Coordinator’s proposed arrangements for engaging independent auditors (including the frequency of audits and the responsibility for the costs of the audits) to undertake
sampling in order for the Coordinator to make a
determination under regulation 4ZG(1), including
sampling of quantities of recyclable material that
include containers to work out the proportion of the
material that is containers.(3) If the Coordinator gives the CEO a document under
subregulation (1) or (5), the CEO may, by writtennotice — (a) approve the document; or
(b) direct the Coordinator to, within the period specified in the notice (which must be at least 20 business days after the notice is given to the Coordinator) —
(i) take specified steps in relation to the modifications to the document; and
(ii) submit a revised document.
(4) Before directing the Coordinator under
subregulation (3)(b), the CEO must consult with the
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Coordinator on the proposed direction and have regard to any views expressed by the Coordinator.
(5) The Coordinator must comply with a direction under
subregulation (3)(b) as soon as is practicable and in any
event within the period specified in the notice.(6) The Coordinator must publish the approved sampling
plan on its website.
4ZE. Amendment of sampling plan
(1)
If the Coordinator wishes to amend the sampling plan, the Coordinator must give the amended sampling plan to the CEO.
(2)
An amendment to a sampling plan has no effect until the amended sampling plan has been approved by the CEO.
4ZF. Cooperation with sampling A local government and an MRF operator must —
(a) cooperate with the conduct of any audit or other procedure carried out under the approved sampling plan; and (b) in the case of an MRF operator — give access to the MRF operator’s premises for the purposes of the audit or procedure; and
(c)
provide any information and documents requested in connection with the audit or procedure.
4ZG. Eligible container factor
(1) The Coordinator must, for each material type listed in
the recovery amount protocol, determine an estimate of
the number of containers of that material type that are
in a tonne of that material type.
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(2) The determination must be made using —
(a)
the data obtained from the sampling undertaken in accordance with the approved sampling plan; and
(b)
information in relation to claims under material recovery agreements (if any); and
(c) any other relevant information.
(3) The Coordinator must make a new determination under subregulation (1) for a material type if —
(a) directed to do so by the CEO; or (b)
the Coordinator considers that the existing determination no longer accurately estimates the number of containers of the material type that are in a tonne of that material type.
(4) The Coordinator must publish each determination made
under subregulation (1) on its website within
20 business days after making the determination.Subdivision 2 — MRF operators and material recovery
agreements
4ZH. Terms used In this Subdivision — eligible container factor, for a material type, means the
latest estimate determined for the material type under
regulation 4ZG(1);recovery amount protocol has the meaning given in
regulation 4ZI(1).
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4ZI. Recovery amount protocol
(1) The CEO may prepare, and amend or revoke at any
time, one or more documents that relate to MRF
operators and payments under material recovery
agreements (each a recovery amount protocol).(2) Without limiting subregulation (1), a recovery amount protocol may do one or both of the following —
(a)
state that payments under a material recovery agreement for a quantity of containers are, if the number of containers in the quantity is
known, to be calculated by totalling the refund
amounts for the number of containers;(b)
provide for payments under a material recovery agreement for a quantity of containers to, if the number of containers in the quantity is not
known, be calculated by reference to the
eligible container factor for the material type
the containers are made of.
(3) A particular recovery amount protocol may —
(a)
apply generally to all MRF operators or be limited in its application by reference to specified exceptions or factors; or
(b)
apply to an MRF operator in relation to a certain type of material recovery facility only; or
(c)
apply differently to MRF operators according to different factors of a specified kind; or
(d)
authorise any matter to be from time to time determined, applied or regulated by any specified person or body.
(4) The CEO must publish each recovery amount protocol on the Department’s website.
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(5) If the CEO prepares a recovery amount protocol, the CEO —
(a)
may review the document at any time the CEO considers it appropriate; and
(b)
must review the document if the Coordinator or an MRF operator asks the CEO in writing to review the document.
4ZJ. Content of material recovery agreement
(1) For the purposes of section 47R(2)(b) of the Act, the
following matters are prescribed as matters that a
material recovery agreement between the Coordinatorand an MRF operator must include provisions about —
(a) the type of material recovery facility to which the agreement applies; (b) the matters set out in regulation 4P(1); (c) the calculation of amounts payable to the MRF operator under the agreement which must —
(i) if a recovery amount protocol applies to the MRF operator in relation to the type of material recovery facility to which
the agreement applies — be in
accordance with the recovery amount
protocol; or(ii) if the MRF operator carries on a bottle crushing service business and the agreement applies to the material recovery facility prescribed under
regulation 3(2A) — be based on the
number of containers for which the
relevant beverage product is an
approved beverage product that have
been crushed by the bottle crushing
machines and collected by the MRF
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operator, or be worked out in
accordance with another methodology
that has been approved by the CEO inconsultation with the Coordinator;
(d) the MRF operator’s obligations in relation to audits;
(e) the arrangements the MRF operator and the Coordinator have in place for recycling the containers or sending the containers to a facility for recycling including, if the Coordinator has
established a common transaction platform, the
circumstances in which the MRF operator is
required to use the platform;(f) whether the MRF operator can subcontract the operation of the material recovery facility and the MRF operator’s obligations to the
Coordinator if the operation is subcontracted;
(g)
the process if the Coordinator reasonably suspects a fraudulent claim.
(2) Subregulation (3) applies if a recovery amount protocol
(the relevant recovery amount protocol) applies to an
MRF operator in relation to the type of material
recovery facility to which a material recovery
agreement applies.(3) To the extent that the relevant recovery amount
protocol deals with any of the matters in
subregulation (1), the material recovery agreement
must provide that the matter be dealt with in
accordance with the relevant recovery amount protocol.
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4ZK. Circumstances in which MRF operator must not
claim recovery amount
(1) For the purposes of section 47R(3)(b) of the Act, an
MRF operator must not claim, or attempt to claim,
payment from the Coordinator under a material
recovery agreement for a container if any of thefollowing apply —
(a) the MRF operator knows, or ought reasonably to know, that a refund amount has been paid for the container at a refund point; (b) the MRF operator knows, or ought reasonably to know, that the relevant beverage product is not an approved beverage product; (c) the material recovery agreement applies to a material recovery facility prescribed under regulation 3(2A) and the container was not collected as part of the MRF operator’s bottle
crushing service business;
(d) the MRF operator has contravened container;
(e)
the MRF operator knows, or ought reasonably to know, that the container has been disposed of in contravention of section 47M(3), (4) or (5) of the Act;
(f)
the MRF operator is also a refund point operator and received the container in its capacity as a refund point operator;
(g)
the MRF operator knows, or ought reasonably to know, that an amount has already been claimed (or attempted to be claimed) for the container under a refund point agreement or a material recovery agreement (whether the claim
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or attempted claim was by the MRF operator or
another person);
(h)
the container was collected or received by the MRF operator prior to the date on which the MRF operator and the Coordinator entered into the material recovery agreement.
(2)
Subregulation (1)(d) and (e) does not apply to a container that is the subject of an extraordinary circumstances exemption granted under section 47N(3)
of the Act.
4ZL. Audits of MRF operators
(1) In this regulation — bottle crushing machine operator means an MRF operator who is the operator of a material recovery facility prescribed under regulation 3(2A) and not the
operator of any other type of material recovery facility. (2) The Coordinator, in relation to each MRF operator who is party to a material recovery agreement —
(a) must engage, at the cost of the Coordinator, an auditor to conduct an audit of containers held by the MRF operator that were collected or received by the MRF operator prior to the date on which the MRF operator and the Coordinator entered into the material recovery agreement; and (b) must (in the case of an MRF operator who is not a bottle crushing machine operator) and may (in the case of a bottle crushing machine operator) engage, at the cost of the MRF
operator, an auditor to conduct an annual auditof the MRF operator’s claims under the
material recovery agreement and the evidence
supporting those claims; and
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(c) may engage, at the cost of the Coordinator if contravention by the MRF operator of the Act, these regulations or the material recovery agreement and otherwise at the cost of the MRF operator, an auditor to conduct additional audits
of the MRF operator’s claims under the
material recovery agreement and the evidence
supporting those claims.
(3)
The audit under subregulation (2)(a) must be conducted within 10 business days after the MRF operator and the Coordinator enter into the material recovery agreement.
(4) The Coordinator must not engage a person as an
auditor under subregulation (2) unless the Coordinatoris satisfied that the person —
(a)
has qualifications and experience that are appropriate to the audit; and
(b)
is independent of the Coordinator and the MRF operator and any business conducted by either of them; and
(c)
is able to conduct the audit and prepare a report in accordance with the terms of the engagement.
(5) An MRF operator must —
(a) cooperate with the conduct of an audit under subregulation (2); and (b) give access to the MRF operator’s premises for the purposes of the audit; and
(c)
provide any information and documents that the auditor requests in connection with the audit.
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Subdivision 3 — Sharing payments with local governments
4ZM. Terms used
(1) In this Subdivision — local government sharing protocol has the meaning
given in regulation 4ZN(1);recovery amount payments, received by an MRF
operator in relation to particular containers, means the
amounts paid to the MRF operator by the Coordinator
for those containers under a material recoveryagreement —
(a) less — (i) any costs reasonably incurred by the MRF operator that are of a type specified in the local government sharing protocol; and
(ii) the amount of revenue that has been lost by the MRF operator that is of a type specified in the local government sharing protocol;
and
(b)
adjusted for any other amounts specified in the local government sharing protocol.
(2) In this Subdivision, a local government is a relevant
local government in relation to an MRF operator if the
MRF operator collects containers from, or receives
containers collected from, kerbsides in the localgovernment’s district. (3)
In this Subdivision, a person is a third party operator in relation to an MRF operator if the person has been contracted to collect containers from kerbsides in one or more local government districts and deliver them to the MRF operator.
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4ZN. Local government sharing protocol
(1) The CEO may prepare, and amend or revoke at any
time, a document that relates to MRF operators sharing
payments with local governments (the local
government sharing protocol).(2) The CEO must publish the local government sharing protocol on the Department’s website. (3) If the CEO prepares a local government sharing protocol, the CEO —
(a)
may review the document at any time the CEO considers it appropriate; and
(b)
must review the document if the Coordinator, an MRF operator or a local government asks the CEO in writing to review the document.
4ZO. MRF operators to share payments with local
governments
(1) If, and to the extent that, an MRF operator, a third party
operator (where relevant) and a relevant localgovernment have not agreed otherwise —
(a) the MRF operator must — (i) if the MRF operator does not collect containers from kerbsides in a local
government’s district itself, but receives
them from a third party operator — pay
to the third party operator 50% of all
recovery amount payments received by
the MRF operator in relation to
containers received from the third party
operator, and the third party operator
must distribute those amounts to the
local government or governments from
whose districts the containers were
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collected from kerbsides, in proportion to the number of containers collected in each district; or
(ii) in any other case — pay to the relevant
local government 50% of all recovery
amount payments received by the MRF
operator in relation to containers
collected from kerbsides in the relevantlocal government’s district; and
(b)
the MRF operator, the third party operator and the relevant local government must comply with the local government sharing protocol.
(2) If an MRF operator is required to make payments
under subregulation (1)(a)(i), the third party operatormust, on request, provide to the MRF operator —
(a)
any information reasonably required by the MRF operator to enable the MRF operator to calculate the amounts to be paid under subregulation (1)(a)(i); and
(b)
evidence that the third party operator has distributed the amounts to local governments under subregulation (1)(a)(i).
(3) A local government may recover an amount payable to
it under subregulation (1) in a court of competent
jurisdiction as a debt due to the local government.
4ZP. Audits of MRF operators and local governments
(1) An MRF operator, a third party operator or a relevant
local government may engage, at its own cost, an
auditor to conduct an audit of any amounts deducted or
added in calculating the recovery amount payments
received by the MRF operator in relation to containers
collected by the MRF operator or the third party
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operator from kerbsides in the relevant local
government’s district.
(2) A person must not engage a person (the proposed
auditor) as an auditor under subregulation (1) unlessthe person is satisfied that the proposed auditor —
(a)
has qualifications and experience that are appropriate to the audit; and
(b)
is independent of the MRF operator, the third party operator and the relevant local government, and any business conducted by any of them; and
(c)
is able to conduct the audit and prepare a report in accordance with the terms of the engagement.
(3) An MRF operator, a third party operator and a relevant local government must —
(a) cooperate with the conduct of an audit under subregulation (1); and (b) in the case of an MRF operator or third party operator — give access to their premises for the
purposes of the audit; and
(c) provide any information and documents that the auditor requests in connection with the audit.
10. Regulation 7 amended
In regulation 7(2):
(a) after paragraph (b) insert:
(ba) to ensure arrangements are in place for
verifying the number of containers that have
been returned to refund points;
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(b) after paragraph (c) insert:
(ca) to receive applications under regulations 3I and 3O in relation to container approvals on behalf of the CEO and to advise the CEO in relation to the applications; (cb) to publish guidelines to assist people in
identifying the person that is the first
responsible supplier under section 47D of the
Act;
11. Regulation 7A inserted
After regulation 7 insert:
7A. Performance of Coordinator’s functions in relation to contracts
(1) In this regulation — specified counterparty means each of the following —
(a)
a contractor of the Coordinator who is contracted to carry out work that relates to the statutory functions of the Coordinator;
(b)
a subsidiary (as defined in the Corporations Act 2001 (Commonwealth) section 9) of the Coordinator;
(c) a scheme participant; (d)
an entity involved in the collection, sorting, transporting or processing of containers.
(2) In performing its functions under section 47Z of the
Act, the Coordinator must ensure that each contract the
Coordinator enters into with a specified counterpartyrequires the specified counterparty’s compliance in all
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material respects with all applicable legislation
including, without limitation, the Occupational Safety
and Health Act 1984.
12. Regulation 9 replaced
Delete regulation 9 and insert:
9. Performance of Coordinator’s functions in relation
to recycling
(1) In performing its functions under section 47Z(2)(g) of
the Act in relation to ensuring arrangements are in
place for recycling containers, the Coordinator must
approve persons as persons to whom containers may be
sold for recycling (each an approved recycler).(2) The Coordinator may cancel the approval of a person
as an approved recycler.(3) The Coordinator must determine, and publish on its website —
(a) the manner and form in which an application to be an approved recycler is to be made and the process for applying; and (b) the criteria that must be met for a person to be approved as an approved recycler, and the grounds on which approval of a person as an approved recycler may be refused; and (c) the grounds on which a person’s approval as an approved recycler may be cancelled.
(4) If the Coordinator refuses to approve a person as an approved recycler, or cancels a person’s approval as an approved recycler, the Coordinator must provide the
person with written reasons for the decision.
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(5) The CEO may review any decision made by the
Coordinator in relation to approved recyclers.
9A. Performance of Coordinator’s functions in relation to verification and recycling In performing its functions under section 47Z(2)(g) and
(j) of the Act and regulation 7(2)(a), (b) and (ba), the
Coordinator may establish an online platform on which
parties can enter into arrangements to buy and sell
containers for recycling (a common transaction
platform).13. Regulation 12 amended
(1) In regulation 12(1) delete “(the Minimum Network Standards
Code).” and insert:(the Minimum Network Standards). (2) In regulation 12(2) delete “a Minimum Network Standards
Code,” and insert:Minimum Network Standards, (3) In regulation 12(3) delete “Minimum Network Standards
Code.” and insert:Minimum Network Standards.
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14. Regulation 15 amended
(1) In regulation 15(2)(a) delete “3 months” and insert: 4 months (2) In regulation 15(5) delete “matter” (each occurrence) and insert: information 15. Regulation 16 amended
(1) In regulation 16(3)(a)(i) delete “6 weeks” and insert: 2 months (2) After regulation 16(4) insert:
(5)
If the Coordinator is required to publish some or all of a quarterly report on its website, the Coordinator may request the Minister for permission to delete from the report information that is of a commercially sensitive nature and the Minister may, if the Minister is satisfied
that the information is commercially sensitive, grant
the permission.
(6) If any information has been deleted under
subregulation (5), the publication of the report must
contain a statement, at the place in the report where the
information was deleted, detailing the reasons for the
deletion.
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16. Regulation 17 amended
In regulation 17(1) delete “14 days” and insert:
20 business days
17. Regulation 20 amended
In regulation 20:
(a) in paragraph (a) delete “supply agreements;” and insert: a scheme agreement;
(b) in paragraph (d) delete “Account.” and insert: Account;
(c) after paragraph (d) insert:
(e)
any amount that, as part of the transition from a person who is, or has been, the Coordinator or an Interim Coordinator to a person who subsequently is to, or has, become the Coordinator or an Interim Coordinator (the incoming Coordinator), is transferred into the Scheme Account or otherwise received by the incoming Coordinator.
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18. Regulation 24 amended
After regulation 24(f) insert:
(fa) the Coordinator has breached the terms of an agreement that the Coordinator has with the State; or (fb) the Coordinator has not complied with a condition attached to its appointment; or
19. Regulation 27 amended
After regulation 27(e) insert:
(ea) the Coordinator has breached the terms of an agreement that the Coordinator has with the State; or
20. Part 3 Division 7 inserted
At the end of Part 3 insert:
Division 7 — Transitional arrangements
32A. Compliance with transition out plan
(1) In this regulation — transition out plan means a plan that is required to be prepared under an agreement between the State and a person who is, or has been, the Coordinator or an
Interim Coordinator, that includes arrangements for the transition and handover from that person to a person who subsequently is to, or has, become the Coordinator or an Interim Coordinator.
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(2)
If the Coordinator or a person who has previously been a Coordinator or an Interim Coordinator has prepared a transition out plan, they must comply with the latest
version of that plan that has been approved by the
State.Civil penalty: $25 000.
32B. Transition costs
(1) This regulation applies if —
(a)
a company has been notified of its appointment to the office of Coordinator of the scheme under section 47X of the Act or a person has been appointed to perform the functions of the Coordinator under section 47ZT of the Act (each the incoming Coordinator); and
(b)
the incoming Coordinator will be replacing an existing Coordinator or Interim Coordinator (the outgoing Coordinator).
(2) Except to the extent that section 47ZU(3) of the Act
requires otherwise, the incoming Coordinator is liable
to pay the outgoing Coordinator the costs incurred by
the outgoing Coordinator in relation to the transition
and handover from the outgoing Coordinator to the
incoming Coordinator.(3) The costs referred to in subregulation (2) are, for the
purposes of section 47O of the Act, costs of
administering the scheme.
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21. Regulation 34 amended
Delete regulation 34(1) and insert:
(1) Each of the following provisions is a civil penalty provision —
(a) regulation 4B(2); (b) regulation 4F(2); (c) regulation 4F(3); (d) regulation 4G(3); (e) regulation 4H(2);
(f) regulation 4H(3); (g) regulation 4J(1); (h) regulation 4K(1);
(i) regulation 4L(2);
(j) regulation 10(4); (k) regulation 11;
(l) regulation 12(3);
(m) regulation 14;
(n) regulation 32A(2).
22. Regulation 36 amended
Delete regulation 36(4).
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23. Part 4 Division 2 inserted
At the end of Part 4 insert:
Division 2 — Miscellaneous
39. Performance audit by CEO
(1) If an audit is carried out under section 47ZZE(1)(a) of
the Act or pursuant to a direction under
section 47ZZE(1)(b) of the Act, the Coordinator must
grant to any person carrying out the audit entry to theCoordinator’s premises for the purposes of carrying out the audit. (2) The Coordinator is liable for any expenses incurred by
the CEO in carrying out an audit under
section 47ZZE(1)(a) of the Act and the CEO may
recover the expenses from the Coordinator in a court of
competent jurisdiction as a debt due to the State.40. Disclosure of information by CEO
(1) The CEO may publish any of the following —
(a) any information, document or thing that the Reporting Code specifies may be published by the CEO; (b) any information, document or thing that the Reporting Code specifies must be published by the Coordinator; (c) any information, document or thing provided to the Minister in response to a direction given by the Minister under section 47ZP of the Act; (d) any information, document or thing provided or section 47ZZC(2) of the Act.
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(2) If the CEO proposes to publish any information,
document or thing referred to in subregulation (1)(c)
or (d) (the relevant matter), the CEO must give the
person who provided or produced the relevant matterwritten notice that —
(a) states that the CEO proposes to publish the relevant matter; and (b) invites the person to make written submissions to the CEO about why some or all of the relevant matter is confidential and should not be published; and (c) states the period (which must be at least person) within which written submissions may be made (the submission period).
(3) The CEO may publish the relevant matter —
(a) at any time after the person gives the CEO written notice that the person does not intend to make any submissions or any further submissions; or (b) if the person does not give the notice referred to in paragraph (a) during the submission period — after the end of the submission
period.
(4) The CEO must consider any written submissions made
by the person within the submission period.41. Transition period for displaying refund mark on containers
(1) In this regulation —
transition day means the day that is 24 months after
the appointed day for section 47E of the Act.
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(2) Before the transition day, a person does not commit an
offence against section 47E(2) of the Act by reason
only that the container used for a beverage product
does not bear a refund mark.N. HAGLEY, Clerk of the Executive Council.
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