17Circumstances in which schemes may be implemented

#### 17 Circumstances in which schemes may be implemented 17 Circumstances in which schemes may be implemented > > (1) The Minister is not to recommend the making of a regulation for or with respect to the implementation of an extended producer responsibility scheme unless the Minister is satisfied that it is necessary to do so having regard to the following matters— > > > > > (a) the volume of waste requiring ultimate disposal or the toxicity of the waste generated, > > > > > (b) whether there is a national scheme in place that adequately addresses waste issues in New South Wales, > > > > > (c) whether there is an effective voluntary scheme in place (nationally or State based) that is able to achieve the desired outcomes and is being actively implemented, monitored and reported on, > > > > > (d) whether economic analysis supports the implementation of the scheme, > > > > > (e) whether there are any constitutional or other impediments to New South Wales acting unilaterally in implementing the scheme. > > > (2) A regulation with respect to the implementation or operation of a scheme cannot be challenged or invalidated because of this section.