Waste Reduction and Recycling Act 2011

A material recovery agreement is a written agreement between the Organisation and the operator of a material recovery facility about the payment of recovery amounts to the operator for containers the operator sorts and prepares for recycling.

A material recovery agreement must contain provisions about the following matters—

the types of containers the operator sorts and prepares for recycling;

the arrangements the operator has in place for recycling the containers or sending the containers to a waste facility for recycling;

whether recovery amounts for quantities of containers will be worked out based on the actual number of containers or the recovery amount protocol;

when and how recovery amounts may be claimed by the operator and will be paid by the Organisation;

a dispute resolution process for settling disputes between the Organisation and the operator;

when the agreement must be reviewed;

a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;

other matters prescribed by regulation.

A material recovery agreement must also include the standard terms, about a matter mentioned in subsection (2) or another matter, prescribed by regulation.

The Organisation must give the operator of a material recovery facility an information notice if—

the operator asks the Organisation, in writing, to enter into a material recovery agreement for the purpose of claiming recovery amounts for containers; and

the Organisation decides not to enter into a material recovery agreement with the operator.

For subsection (4), the Organisation is taken to have decided not to enter into a material recovery agreement with the operator of a material recovery facility if the Organisation does not offer, in writing, to enter into an agreement with the operator within 20 business days after the operator makes the request mentioned in subsection (4)(a).