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s 64L

Payment of refund amounts to material recovery facility operators

In force
Part 10AContainer deposit scheme
Division 10A.3Scheme coordinator agreement

64L Payment of refund amounts to material recovery facility operators

(1)

The scheme coordinator agreement may require the scheme coordinator to pay a material recovery facility operator a refund amount (a processing refund) for containers collected by a waste collection service and processed by the operator for reuse or recycling.

(2)

The waste manager may determine a way (a processing refund protocol) to work out the processing refund payable to the material recovery facility operator.

(3)

A processing refund protocol may make provision for the following:

(a)

material recovery facility operators or classes of material recovery facility operators who are entitled to claim a processing refund;

(b)

the class of containers for which a processing refund is payable;

(c)

any other circumstances in which a processing refund is payable;

(d)

the way in which a claim for a processing refund must be made by a material recovery facility operator;

(e)

the assessment of claims for processing refunds;

(f)

reporting and keeping records;

(g)

a process for resolving disputes about processing refunds.

(4)

A processing refund protocol is a disallowable instrument.

(5)

A processing refund is not payable to a material recovery facility operator unless a processing refund protocol is in force in relation to the processing refund.

(6)

A regulation may prohibit—

(a)

the landfill disposal of a container in relation to which a claim for a processing refund has been made by a material recovery facility operator; and

(b)

a material recovery facility operator making a claim for a processing refund in relation to a container that has been disposed of to landfill.

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