Appendix III
Contents
APPROVED BODY
VOICE considers that it is essential that Part III of the Regulations which will set out the process by which a corporate entity applies to the Minister for approval as the operator of the Scheme (‘the Approved Body’) on behalf of obligated producers does so in a manner which maximises transparency.
In particular, it is essential that the Regulations provide for effective public consultation by stakeholders in the process of approval of the approved body. More specifically the Regulations which should specify the process whereby an application is made for designation as the Approved Body it should ensure that stakeholders are conferred to make submissions to the Minister before any application is approved and the Minister should be obliged to take such submissions into account prior to appointing the Approved Body.
As outlined in the draft regulations, we concur with the provisions that as part of the application for designation as an Approved Body the Regulations must stipulate that the applicant must be obliged to provide a business and financial plan in respect of the proposed scheme which amongst other matters demonstrates a robust ability to achieve the designated recycling objectives. The application should (in addition to the matters set out in the consultation documentation) also be required to set out a comprehensive plan providing for a contingency reserve, proposals relating to the dissemination of information to the public regarding the recovery and recycling of PET and/or Aluminium Cans.
VOICE submits that the Regulations should provide that an approval of an Approved Body should not exceed 5 years and should be subject to review and revocation as set out below.
The Regulations should provide the Minister with appropriate powers to impose conditions on any approval of an Approved Body. The Regulations should also empower the Minister to by notice in writing, attach a new condition or, vary any existing condition attached to an approval under the Regulations.
The Regulations should empower the Minister in granting approval to the Approved Body to fix and if necessary vary the producer’s fee it may charge its members for participation in the Scheme.
Review and Revocation of approval
The Regulations must make provision for both the review and the revocation by the Minister of any approval in specified circumstances. We submit the Regulations should make provision for a review or revocation in the following circumstances:
- New targets for the recycling of PET plastic beverage bottles/ aluminium cans are set;
- The prescribed recycling targets have not been met;
- For some other reason it is necessary in the interests of the environmentally sound management of PET plastic beverage bottles up to 3 litres in size and beverage aluminium cans;
- The approved body goes into liquidation, examination or, receivership or, as appropriate.
Review and revocation should also be provided for in circumstances where it appears to theMinister that an approved body is not complying with conditions attached to its approval. The Regulations should ensure that the review procedure should enable the Minister to vary and/or impose new conditions on the approved body as a condition of the continuance of its approval.
It is acknowledged that the review and revocation procedures will have to be prescribed in some detail in the Regulations and provisions will have to be made to allow the approved body make submissions to the Minister before the approval is reviewed or revoked. VOICE considers it important that the Regulations ensure stakeholders are also be entitled to make submissions to the Minister to (a) request a review or revocation of an approval and (b) in circumstances where the Ministerhas invoked the review/revocation procedure make submissions in respect of that proposed review or revocation of the approval of an approved body. This should include the right to make submissions on any proposed revisions to the approval including revised conditions.