Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019

This regulation applies if the CEO proposes to amend, suspend or cancel a container approval (the proposed action) under regulation 3Q or 3R.

The CEO must —

give the holder a written notice about the proposed action; and

publish a copy of the notice on the Department’s website.

The notice must —

state the proposed action; and

if the proposed action is to amend the container approval — state the proposed amendment; and

if the proposed action is to suspend the container approval — state the proposed period of the suspension; and

state the grounds for the proposed action; and

state the facts and circumstances that form the basis for the grounds; and

invite any person to make written submissions to the CEO about why the proposed action should not be taken; and

state the period (which must be at least 20 business days after the notice is given to the holder) within which written submissions may be made (the submission period).

The CEO may, after the end of the submission period —

take the proposed action; or

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

if the proposed action was to cancel the container approval — suspend the container approval for a period (also the alternative action).

The CEO —

must consider any written submissions made by any person within the submission period; and

may consider any other information the CEO considers relevant.