97Continuation of existing validated approval and related WMA

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,