18Entitlement to processing refunds

18 Entitlement to processing refunds

18 Entitlement to processing refunds

(1) Processing refunds are not payable to a material recovery facility operator in respect of containers obtained by the operator before the Scheme commencement day.

(2) Processing refunds are not payable to a material recovery facility operator in respect of containers that have been collected in a local council’s area during the course of domestic waste management services, except in the following circumstances—

(a) if there is no refund sharing agreement in force between the operator and the council—

(i) the council has notified the EPA in writing that it considers that in the circumstances it is fair and reasonable that there is no such agreement in force, or

(ii) the council has entered into a processing agreement with the operator on or after the Scheme commencement day.

(b) if there is a refund sharing agreement in force between the operator and the council—the council has notified the EPA in writing that it considers the terms of the agreement to be fair and reasonable.

(3) Processing refunds are not payable to an alternative waste treatment plant operator in respect of containers that are processed for reuse or recycling at any premises in respect of which the operator does not hold a resource recovery licence.

(4) Subclause (2) does not apply if the containers to which the claim relates are processed by the material recovery facility operator within 12 months after the Scheme commencement day.

(5) In this clause—

area has the same meaning as in the Local Government Act 1993.

processing agreement means an arrangement between a local council and a material recovery facility operator under which the operator agrees to process for reuse or recycling domestic waste designated for recycling and collected in the council’s area during the course of domestic waste management services.

refund sharing agreement means an arrangement between a local council and a material recovery facility operator under which the operator agrees to pay to the council a proportion of all refund amounts paid to the operator by the Scheme Coordinator on or after the Scheme commencement day in respect of containers collected in the council’s area during the course of domestic waste management services.