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Extended Producer Responsibility Regulations, 2020

Regulations

Extended Producer Responsibility Regulations, 2020

7A. Obligations of a producer that establishes and implements their own scheme

 

(1) The producer that establishes and implements their own scheme must determine and allocate appropriate extended producer responsibility funding, which will hereafter be referred to as an extended producer responsibility fee, and resources to ensure an effective extended producer responsibility scheme.

 

(2) The proposed extended producer responsibility fee, including the motivation, justification and any other relevant information, must be submitted electronically to the Minister who may obtain concurrence on the proposed extended producer responsibility fee from the Minister responsible for finance within 60 days of submission.

 

(3) The extended producer responsibility fee must be equal to:
(a) costs for establishing a collection system for the identified products; plus
(b) collection, transport and treatment costs for separately collected waste; plus
(c) administrative costs; plus
(d) costs for public communication and awareness-raising (on waste prevention, litter reduction, separate collection, etc.); plus
(e) costs for the appropriate surveillance of the system (including auditing); and
(f) less revenues from recycled material sales;

 

(4) The latest extended producer responsibility fee must, at all times, be publicly available on the Producer's website.

 

(5) The producer that establishes and implements their own scheme must submit, to the department, an annual financial plan and an annual budget—
(a) within 60 days of implementation for the first year of implementation or within 60 days of implementation, in the event that implementation occurs after 30 June in the first year, for the following year; and
(d) by 30 November for the following year.

 

(6) The annual financial plan and annual budget must include, as a minimum, the following information:
(a) Extended producer responsibility fee allocation;
(b) The manner in which the extended producer responsibility fee is calculated;
(c) The total amount of the contributions (extended producer responsibility fees) that cover the nett cost of the obligations incumbent on the producer applying for registration;
(d) The conditions and procedures for revising the extended producer responsibility fee to reflect changes in the obligations incumbent on the registered producer under this Regulation; and
(e) The methodology for allocating and disbursing revenue for implementing the extended producer responsibility scheme amongst the collection, recycling, reuse and any other relevant component of the extended producer responsibility scheme.

 

[Regulation 7A inserted by section 8(h) of Notice No. 400, GG44539, dated 5 May 2021]