11First responsible supplier

11 First responsible supplier

(1)  For the purposes of section 5(1)(b) of the Act, persons specified in agreements as the first responsible supplier for a container are a class of persons prescribed as the first responsible suppliers in respect of the containers if –

(a) the agreement complies with this regulation; and

(b) the agreement has been approved, in writing, by the scheme coordinator before the agreement comes into force.

(2)  An agreement referred to in subregulation (1) complies with this regulation in respect of an eligible container if –

(a) the agreement is only between –

(i) the person who first supplies, or is intending to first supply, the container in the State; and

(ii) the person specified in the agreement as the first responsible supplier for the container; and

(b) the person specified in the agreement as the first responsible supplier for the container is also employed, or engaged, in relation to the manufacturing, bottling or distribution of the container; and

(c) the agreement specifies –

(i) the date on which the agreement is to come into force, being a date that is after the approval of the agreement by the scheme coordinator as required under subregulation (1)(b) ; and

(ii) each eligible container to which the agreement relates; and

(iii) the date on which the agreement ceases to have effect, if the agreement is not sooner terminated; and

(d) the agreement complies with any relevant guidelines published by the Minister under regulation 15 in respect of the form and content of such an agreement; and

(e) the agreement includes a statement that the person specified in the agreement as the first responsible supplier for an eligible container understands and agrees that, on the date on which the agreement comes into force, the person –