93Mandatory product stewardship—satisfying product stewardship criteria and furthering objects etc.

93 Mandatory product stewardship—satisfying product stewardship criteria and furthering objects etc.

(1) Before the Minister makes rules for the purposes of section 92 in relation to a product, the Minister must be satisfied that: (a) making the rules in relation to the product will further the objects of this Act; and (b) the product stewardship criteria are satisfied in relation to the product; and (c) if the rules would require a person to make a product return payment in relation to the product: (i) making the rules will encourage reusing, recycling, recovering, treating or disposing of that kind of product, or waste from such products, in a safe, scientific and environmentally sound way; and (ii) the persons required to make product return payments in relation to the product are likely to be appropriately compensated; and (d) if rules made for the purposes of section 92 are not already in force in relation to the product: (i) the product has been notified in a Minister’s priority list at least 12 months beforehand; or (ii) there are special circumstances justifying the making of the rules without that notification.

Note: Example: For the purposes of subparagraph (c)(ii), the persons would be appropriately compensated if they:

(a) are able to pass the costs of the payments on to consumers; or
(b) will be reimbursed for the payments by other participants in the supply chain for the product.

(2) If the Minister makes rules to which subparagraph (1)(d)(ii) applies in relation to a product, the explanatory statement (within the meaning of the Legislation Act 2003) for the rules must include a statement setting out the special circumstances mentioned in that subparagraph.