sec.99ZHOperator of material recovery facility may claim recovery amounts

### sec.99ZH Operator of material recovery facility may claim recovery amounts The operator of a material recovery facility may claim the recovery amount for a quantity of containers from the Organisation if the operator— has entered into a material recovery agreement with the Organisation; and has recycled the containers or sent the containers to a waste facility for recycling. The claim must be in the form required by the operator’s material recovery agreement and accompanied by— a notice signed by the operator declaring— a refund amount has not been paid for any of the containers in the quantity; and if the operator has recycled the containers—the operator has recycled the containers; and if the operator has sent the containers to a waste facility for recycling—a notice signed by the operator of the waste facility declaring the operator has received the containers for recycling; and if the operator is claiming a recovery amount worked out under the recovery amount protocol—evidence the operator has complied with the protocol for claiming the recovery amount. The Organisation must pay the recovery amount for the quantity of containers to the operator as required under the material recovery agreement. If the Organisation decides the recovery amount claimed for the quantity of containers is not payable under the material recovery agreement, the Organisation must give the operator an information notice for the decision. See chapter 9 for provisions about internal and external reviews of a decision under this subsection. For subsection (4) , the Organisation is taken to have decided the recovery amount is not payable under the material recovery agreement if the Organisation does not pay the recovery amount claimed for a quantity of containers within the time required by the agreement. Subsections (1) (b) and (2) (a) (ii) and (b) do not apply to containers the subject of an extraordinary circumstances exemption. s 99ZH ins 2017 No. 31 s 4 (sec.99ZH-ssec.1) The operator of a material recovery facility may claim the recovery amount for a quantity of containers from the Organisation if the operator— has entered into a material recovery agreement with the Organisation; and has recycled the containers or sent the containers to a waste facility for recycling. (sec.99ZH-ssec.2) The claim must be in the form required by the operator’s material recovery agreement and accompanied by— a notice signed by the operator declaring— a refund amount has not been paid for any of the containers in the quantity; and if the operator has recycled the containers—the operator has recycled the containers; and if the operator has sent the containers to a waste facility for recycling—a notice signed by the operator of the waste facility declaring the operator has received the containers for recycling; and if the operator is claiming a recovery amount worked out under the recovery amount protocol—evidence the operator has complied with the protocol for claiming the recovery amount. (sec.99ZH-ssec.3) The Organisation must pay the recovery amount for the quantity of containers to the operator as required under the material recovery agreement. (sec.99ZH-ssec.4) If the Organisation decides the recovery amount claimed for the quantity of containers is not payable under the material recovery agreement, the Organisation must give the operator an information notice for the decision. See chapter 9 for provisions about internal and external reviews of a decision under this subsection. (sec.99ZH-ssec.5) For subsection (4) , the Organisation is taken to have decided the recovery amount is not payable under the material recovery agreement if the Organisation does not pay the recovery amount claimed for a quantity of containers within the time required by the agreement. (sec.99ZH-ssec.6) Subsections (1) (b) and (2) (a) (ii) and (b) do not apply to containers the subject of an extraordinary circumstances exemption. - (a) has entered into a material recovery agreement with the Organisation; and - (b) has recycled the containers or sent the containers to a waste facility for recycling. - (a) a notice signed by the operator declaring— (i) a refund amount has not been paid for any of the containers in the quantity; and (ii) if the operator has recycled the containers—the operator has recycled the containers; and - (i) a refund amount has not been paid for any of the containers in the quantity; and - (ii) if the operator has recycled the containers—the operator has recycled the containers; and - (b) if the operator has sent the containers to a waste facility for recycling—a notice signed by the operator of the waste facility declaring the operator has received the containers for recycling; and - (c) if the operator is claiming a recovery amount worked out under the recovery amount protocol—evidence the operator has complied with the protocol for claiming the recovery amount. - (i) a refund amount has not been paid for any of the containers in the quantity; and - (ii) if the operator has recycled the containers—the operator has recycled the containers; and