NSWIn ForceRegulation
Protection of the Environment Operations (Waste) Regulation 2014
87Requirements to recover, re-use and recycle materials and review packaging design in accordance with targets
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#### 87 Requirements to recover, re-use and recycle materials and review packaging design in accordance with targets
87 Requirements to recover, re-use and recycle materials and review packaging design in accordance with targets
(cf clause 46K of 2005 Reg)
> > (1) A person to whom this Part applies must ensure—
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> > > (a) that the materials used in packaging for which the person is responsible are recovered in accordance with the targets for recovery of those materials set by the EPA under clause 86, and
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> > > (b) that, after being recovered, those materials are—
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> > > > (i) re-used or recycled by the person, or
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> > > > (ii) if that is not practicable—re-used or recycled within Australia, or
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> > > > (iii) if that is not practicable—re-used or recycled outside of Australia, and
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> > > (c) that consumers are given adequate information to enable them to deal with the materials used in the packaging once they are no longer needed by the consumer (including information on where to take the materials and how to re-use or recycle them), and
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> > > (d) that the design of the packaging is reviewed in accordance with the targets that the EPA sets under clause 86.
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> > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
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> > (2) The requirement in subclause (1)(a) to recover materials used in packaging for which a person is responsible is satisfied if an equivalent amount of the same material is recovered by, or on behalf of, the person from packaging that is substantially similar to the packaging for which the person is responsible.