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Environment Protection (Beverage Containers and Plastic Bags) Act 2011
97Continuation of existing validated approval and related WMA
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97 Continuation of existing validated approval and related WMA
(1) An existing validated approval continues in force on and after the
commencement day subject to the following conditions:
(a) in relation to each approval – the conditions stated in the
approval under former section 24(3);
(b) in relation to a supply approval – the conditions mentioned in
section 24A(1);
(c) in relation to a collection approval – the condition mentioned in
section 24B;
(d) if a related WMA is also an appropriate WMA – the condition
mentioned in amended section 24(b), in relation to the
appropriate WMA, as if a reference in that paragraph to an
approved waste management arrangement were a reference
to an appropriate WMA;
(e) if a related WMA that is also an appropriate WMA ceases to
meet the criteria for approval mentioned in section 23A(1)(a)
to (d) as a result of the granting of a replacement approval to a
CDS participant who is a party to the related WMA – the
condition that the holder of the approval must, after being
given a notice under section 98(2), enter into one or more
appropriate WMAs to enable the holder to apply for a
replacement approval as requested in the notice;
(f) if no related WMA is an appropriate WMA – the condition that
the holder of the approval must, after being given a notice
under section 98(2), enter into one or more appropriate WMAs
to enable the holder to apply for a replacement approval as
requested in the notice.
Example for subsection (1)(e)
A related WMA that is an operator arrangement may cease to meet the criteria
for approval because a replacement coordinator approval contains provisions
that have the effect of requiring the CDS coordinator who is a party to the
operator arrangement to make arrangements with the holder of the existing
validated collection approval for the sorting of empty approved containers by
reference to material type.
(2) If an existing validated approval has more than one related WMA
and not all of those WMAs are appropriate WMAs, the NT EPA may
give the holder of the approval a notice requiring the holder to
submit one or more waste management arrangements, within the
period specified in the notice, to enable the NT EPA to decide
whether or not to approve the arrangements under section 23A to
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 61
replace the related WMAs.
(3) The NT EPA may extend the period specified in a notice given
under subsection (2), by a further period not exceeding the duration
of the original period, if:
(a) the holder of the existing validated approval applies to the
NT EPA in writing for the extension before the end of the
original period; and
(b) the NT EPA is satisfied it is reasonable in the circumstances
to extend the period.
(4) If the holder of an existing validated approval does not comply with
a notice given to the holder under subsection (2) within the period it
specifies, or as extended under subsection (3):
(a) the NT EPA may take action under Part 2, Division 6,