40Container approvals

#### 40 Container approvals 40 Container approvals > > (1) A supplier may apply to the EPA for a container approval. > > > (2) An application for a container approval must— > > > > > (a) be in a form approved by the EPA, and > > > > > (b) contain or be accompanied by the information required by the EPA (as indicated in the form or in material accompanying the form), and > > > > > (c) be accompanied by the fee prescribed by or determined under the regulations. > > > (3) The EPA may determine an application for a container approval by granting the container approval to the applicant. The approval is subject to any conditions prescribed by the regulations or specified in the approval. > > > (4) The EPA may refuse to grant a container approval— > > > > > (a) if a supply arrangement is not in force between the applicant and a Scheme Coordinator, or > > > > > (b) if the labelling for containers of the class to which the application relates does not include a refund marking, or > > > > > (c) on any grounds prescribed by the regulations. > > > (5) The EPA may suspend or revoke a container approval on any grounds prescribed by the regulations. > > > (6) A person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any of the following decisions— > > > > > (a) the refusal of the EPA to grant a container approval to the person, > > > > > (b) a condition imposed by the EPA in relation to a container approval granted to the person, > > > > > (c) the suspension or revocation of a container approval granted to the person. > > > (7) For the purposes of such a review, an application for the grant of a container approval is taken to have been refused if the approval is not granted within 28 days after the application is made in accordance with this section. > > > (8) The holder of a container approval must not contravene a condition of the approval. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—200 penalty units, or > > > > > (b) in the case of an individual—50 penalty units. > > > (9) The regulations may make provision for or with respect to container approvals and applications for container approvals (including the payment of fees for approvals). The regulations may limit a container approval to containers supplied by the person to whom the approval is granted. > > **ss 37–40:** Ins 2016 No 57, Sch 1\[3\].