99ZY

Extraordinary circumstances exemption

Current

(1)

This section applies if a container has become unsuitable to be recycled because of extraordinary circumstances.

Example—

The container becomes contaminated when the place at which the container is stored is inundated by water from a flooded river during a severe storm.

(2)

The operator of a container refund point or material recovery facility may apply to the chief executive for an exemption (an extraordinary circumstances exemption) from the requirements under this part to—

(a)

recycle the container or send the container to be recycled; and

(b)

not allow the container to be disposed of to landfill.

Note—

See chapter 8A for general provisions that apply to the application and an extraordinary circumstances exemption.

(3)

The chief executive may grant the exemption if satisfied—

(a)

the container has become unsuitable to be recycled; and

(b)

the circumstances that caused the container to become unsuitable to be recycled were extraordinary and either—

(i)

could not have reasonably been foreseen; or

(ii)

were beyond the operator’s control.

This Act’s bill:Explanatory memorandum Second reading speech

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