20Disposal of containers

#### 20 Disposal of containers 20 Disposal of containers > > (1) A material recovery facility operator must not permit any container in respect of which the operator has made a claim for the payment of a processing refund to be disposed of to landfill. > > > (2) A material recovery facility operator must not make a claim for the payment of a processing refund in respect of any container that— > > > > > (a) the operator has permitted to be disposed of to landfill, or > > > > > (b) the operator knows has been disposed of to landfill. > > > (3) For the purposes of this clause, a material recovery facility operator is taken to have permitted a container to be disposed of to landfill if— > > > > > (a) the material recovery facility operator has consigned the container for transport to the operator of a recycling facility, and > > > > > (b) at the time of the consignment, the material recovery facility operator knew, or ought reasonably to have known, that the operator of the recycling facility was likely to dispose of the container to landfill or to permit the container to be disposed of to landfill, and > > > > > (c) the container has been disposed of to landfill. > > > (4) This clause does not apply to the disposal of any part of a container if— > > > > > (a) the container has been consigned for transport to a recycling facility at which containers of that kind are capable of being recycled, and > > > > > (b) that part of the container is not capable of being recycled at that facility. > > Maximum penalty— > > > (a) in the case of a corporation—400 penalty units, or > > > (b) in the case of an individual—200 penalty units.