88Requirement to prepare waste action plan

#### 88 Requirement to prepare waste action plan 88 Requirement to prepare waste action plan (cf clause 46L of 2005 Reg) > > (1) A person to whom this Part applies must prepare a draft plan (a draft waste action plan), in accordance with this clause, and submit the draft plan to the EPA, within one month after the EPA gives written notice to the person that the person is required to prepare and submit a draft waste action plan. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (2) A draft waste action plan is to set out— > > > > > (a) a baseline of data setting out the person’s current performance in respect of the use, recovery, re-use and recycling of the materials used in the packaging for which the person is responsible, and > > > > > (b) how the person will ensure compliance with clause 87, including— > > > > > > > (i) targets for the recovery of the materials used in the packaging and for reviewing the design of that packaging, and > > > > > > > (ii) time frames, proposed actions and performance indicators for achieving those targets, and > > > > > (c) how the person will ensure a continuous reduction in the number of packaging items in the litter stream. > > > (3) A draft waste action plan is to be in any form, and is to contain any matter or particular relating to the following, that the EPA may specify by written notice to the person— > > > > > (a) the use, recovery, re-use or recycling of the materials used in the packaging for which the person is responsible, > > > > > (b) the review of that packaging’s design, > > > > > (c) the reduction in packaging litter. > > > (4) The EPA may, by written notice to a person who has submitted a draft waste action plan— > > > > > (a) direct the person to amend the draft plan and to resubmit it within the period specified in the notice if the EPA reasonably believes that the draft plan is not sufficient to ensure— > > > > > > > (i) that the person will comply with clause 87, or > > > > > > > (ii) a continuous reduction in the number of packaging items in the litter stream, or > > > > > (b) approve the draft plan as the person’s waste action plan with effect from the date specified in the notice. > > > (5) The EPA may, by written notice to a person who has a waste action plan, direct the person to amend the plan, and submit the amended plan to the EPA within the period specified in the notice, if the EPA reasonably believes that the plan is not sufficient to ensure— > > > > > (a) that the person will comply with clause 87, or > > > > > (b) a continuous reduction in the number of packaging items in the litter stream. > > > (6) A person must comply with a direction of the EPA given in accordance with this clause. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (7) To the extent that a waste action plan relates to a person’s obligations under clause 87, a failure to comply with the plan is evidence of a failure to comply with that clause.