25Monitoring and enforcement of compliance

25 Monitoring and enforcement of compliance

25 Monitoring and enforcement of compliance

(1) A stewardship administration agreement may—

(a) specify the monitoring, reporting and audit requirements to be included in a product stewardship arrangement, and

(b) provide for the exercise of powers and other functions under the Protection of the Environment Operations Act 1997, Chapter 7 by the EPA, and authorised officers appointed by the EPA, in connection with the agreement, and

(c) require a product stewardship arrangement to provide for the exercise of powers and other functions under the chapter by the EPA, and authorised officers appointed by the EPA, in connection with the arrangement, and

(d) specify any other measures to be taken by the product stewardship organisation to whom the agreement applies to ensure that brand owners comply with a product stewardship arrangement.

(2) If a stewardship administration agreement provides, or a product stewardship arrangement provides or is required under a stewardship administration agreement to provide, for the exercise of powers and other functions under the Protection of the Environment Operations Act 1997, Chapter 7 in connection with the agreement or arrangement, the chapter extends to the exercise of powers and other functions by the EPA, and by authorised officers appointed by the EPA, for the following purposes—

(a) determining whether there has been compliance with or a contravention of the agreement or arrangement,

(b) obtaining information or records for purposes connected with the monitoring or audit of the activities of parties to the agreement or arrangement in relation to the performance of the parties’ obligations under the agreement or arrangement.

(3) The provisions of the Protection of the Environment Operations Act 1997, Chapter 7 apply for the purpose as if the responsibilities and functions of the EPA under this Act included the matters referred to in subsection (2).

(4) This section does not affect the exercise of powers or other functions under the Protection of the Environment Operations Act 1997, Chapter 7 in connection with this Act that are authorised to be exercised without reliance on this section.