Container Refund Scheme Regulations 2023

If a person who holds the approval of an eligible container, under section 12 of the Act, ceases to be the first responsible supplier for the container, the person may apply to the Secretary for the approval, of the container, to be transferred to a person specified in the application.

An application under subregulation (1) must be – in an approved form; and signed by – the person who holds the approval to be transferred; and the person who will hold the approval if the transfer is granted.

After receiving an application under subregulation (1), the Secretary may request further information from the applicant before making a decision on the application.

After receiving an application under subregulation (1) in respect of the transfer of the approval of a container, the Secretary may – grant the transfer of the approval; or refuse to grant the transfer of the approval.

If the Secretary grants the transfer of the approval of a container under subregulation (4) – the Secretary must notify the applicant for the transfer and the person to whom the approval is to be transferred – that the transfer has been granted; and the date on which the transfer takes effect; and the conditions that apply to the approval to which the transfer relates; and if necessary, the Secretary must ensure that the list of approved containers, kept under section 12(3) of the Act, is updated to correctly reflect the information relating to the container.

If the Secretary refuses to grant the transfer of the approval of a container under subregulation (4), the Secretary must notify, in writing, the applicant for the transfer and the person to whom the approval was proposed to be transferred – that the Secretary has refused to grant the transfer; and the reasons for the refusal; and that section 40 of the Act applies to the refusal to grant the transfer.

If the Secretary refuses to grant the transfer of the approval of a container, the approval for that container is revoked unless otherwise specified by the Secretary in the written notification given under subregulation (6) in respect of the refusal.