26Restriction on requiring financial assurance

26 Restriction on requiring financial assurance

26 Restriction on requiring financial assurance

The regulator must not impose a condition on an action plan requiring a financial assurance to be provided unless satisfied the condition is justified considering—

(a) the degree of risk of environmental harm, harm to human health or waste management impacts associated with the brand owner’s activities to which the product stewardship requirements and targets apply, or

(b) the ongoing financial capacity of the brand owner to meet the relevant product stewardship requirements and targets, whether through its action plan or otherwise, or

(c) the environmental record of the brand owner, including its past compliance with relevant product stewardship requirements and targets, or

(d) other matters prescribed by the regulations.