NTIn ForceAct
Environment Protection (Beverage Containers and Plastic Bags) Act 2011
41DConditions of registration
Start here
Get a plain-English read of 41D
Turn the raw legal text into a practical explanation grounded in Environment Protection (Beverage Containers and Plastic Bags) Act 2011.
41D Conditions of registration
(1) The following conditions are imposed on registration:
(a) the CDS supplier must not supply regulated containers in the
Territory unless:
(i) the material types of the containers (including the labels)
are suitable for recycling or reuse; and
(ii) the containers bear the approved refund marking; and
(iii) the way the refund marking is applied to the containers
is not likely to render the containers unsuitable for
recycling or reuse; and
(iv) the containers are the subject of a supplier arrangement
to which the supplier is a party;
(b) the CDS supplier must, at all times while registered, be a party
to one or more supplier arrangements that meet the
requirements specified in section 41C(2)(b);
(c) the CDS supplier must give each CDS coordinator with whom
the supplier has a supplier arrangement the following:
(i) a document (a container identification document)
that, for each regulated container to which the
arrangement relates and that is supplied for sale in the
Territory, lists:
(A) if the container displays a barcode – the barcode of
the container; or
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 28
(B) otherwise – the name of the manufacturer or
distributor of the container and one or more of the
relevant characteristics of the container;
(ii) within the prescribed period – a document for each
quarter specifying the total number of regulated
containers, by reference to material types, that have
been sold by the supplier in the Territory during the
quarter (a supplier sales document);
(d) the CDS supplier must give the CEO written notice of the
occurrence of any of the following events, within 5 business
days after the event occurs:
(i) the supplier terminates or enters into a supplier
arrangement;
(ii) the supplier ceases to supply regulated containers in the
Territory;
(e) the CDS supplier must, on request, give the CEO a document
that, for each regulated container that the supplier supplies for
sale in the Territory, lists:
(i) if the container displays a barcode – the barcode of the
container; or
(ii) otherwise – the name of the manufacturer or distributor
of the container and one or more of the relevant
characteristics of the container;
(f) the CDS supplier must, on request, give the CEO a copy of all
waste management arrangements to which the supplier is a
party;
(g) any other conditions imposed by the CEO and stated in the
registration certificate.
(2) In this section:
prescribed period, for a quarter, means 21 days after the end of
the quarter.
relevant characteristic, of a container, means any of the following:
(a) the name of the product the container is made to contain;
(b) the container contents when full;
(c) the container capacity;
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 29
(d) the container material.