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.