22Product stewardship administration agreements

22 Product stewardship administration agreements

22 Product stewardship administration agreements

(1) The regulator may enter into a written agreement (a stewardship administration agreement) with a person (a product stewardship organisation) in connection with the management and administration of a product stewardship scheme for one or more regulated products.

(2) The regulator may invite applications for stewardship administration agreements in a way the regulator considers appropriate.

(3) An application for a stewardship administration agreement must be accompanied by the fee prescribed by or determined under the regulations, if any.

(4) In determining whether to enter into a stewardship administration agreement, the regulator—

(a) must consider whether the applicant is a fit and proper person to enter into, and fulfil the obligations imposed by, the agreement, and

(b) must consider whether the stewardship administration agreement adequately deals with the following—

(i) governance and organisational matters, including procedures for decision making and dispute resolution,

(ii) financial arrangements and funding to achieve the outcomes of the agreement,

(iii) assessing the adequacy of the environmental, health and safety policies and practices in relation to the activities undertaken under the agreement,

(iv) monitoring and evaluating the performance of the agreement in achieving the outcomes of the agreement,

(v) managing risk in relation to the operation of the agreement, and

(c) may consider other matters the regulator considers relevant.

(5) The term of a stewardship administration agreement must not be more than 7 years.

(6) In this section—

product stewardship requirement includes a product stewardship target.