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Waste Reduction and Recycling Act 2011
sec.102Considerations for prescribing waste as disposal ban waste
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### sec.102 Considerations for prescribing waste as disposal ban waste
The Minister may recommend to the Governor in Council the making of a regulation that identifies waste for the purposes of this part only after considering all of the following—
whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste;
whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste;
whether the costs of monitoring, enforcement and market development are proportional to the benefits;
whether voluntary or other measures for the avoidance of disposal have been shown not to be effective;
whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.
The Minister, in considering the matters mentioned in subsection (1) , may consult with any expert reference group or other entity the Minister considers appropriate.
(sec.102-ssec.1) The Minister may recommend to the Governor in Council the making of a regulation that identifies waste for the purposes of this part only after considering all of the following— whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste; whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste; whether the costs of monitoring, enforcement and market development are proportional to the benefits; whether voluntary or other measures for the avoidance of disposal have been shown not to be effective; whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.
(sec.102-ssec.2) The Minister, in considering the matters mentioned in subsection (1) , may consult with any expert reference group or other entity the Minister considers appropriate.
- (a) whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste;
- (b) whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste;
- (c) whether the costs of monitoring, enforcement and market development are proportional to the benefits;
- (d) whether voluntary or other measures for the avoidance of disposal have been shown not to be effective;
- (e) whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.