To assist you with using this Guide, we have included a list of helpful definitions of common terms used throughout the Guide. These definitions are taken from the CCA, and to the extent the definition of a term used is not contained in this Guide the applicable definition in the CCA will apply.
Act
The Waste Reduction and Recycling Act 2011 (Qld).
Approval
any licence, permit, consent, approval, determination, certificate or other requirement:
- of any Regulatory Authority having any jurisdiction in connection with the implementation of the Scheme; or
- under any other applicable Statutory Requirement;
which must be obtained or satisfied for the purposes of performance of the parties’ respective obligations under this Agreement, and includes all applicable development consents and environmental approvals.
CCA
Container Collection Agreement.
Collection Infrastructure
The equipment provided to the Operator by the Collection Infrastructure Provider to facilitate the collection of Containers at the Operator Refund Point and includes Shipping Units.
HVNL
All applicable laws relating to the use of heavy vehicles, including the Heavy Vehicle National Law Act 2012 (Qld) and any regulations made under it and all relevant Australian industry codes and standards.
Operating Conditions
The framework of common and specific conditions applicable to Operator Refund Points where no formal planning or environmental approval is required under any applicable Statutory Requirement, as provided to the Operator at the commencement of the Mobilisation Period and as updated by the PRO from time to time.
Payment Claim
The claim for payment made by the Operator which attaches sufficient details, calculations and supporting documentation, including the number of eligible containers collected during the Operating Week by Material Type, in regard to the amounts claimed by the Operator to enable COEX to fully and accurately determine the amount payable by COEX to the Operator (Payments Schedule – clause 2.1).
Payments Schedule
Schedule 4 of the CCA that sets out how amounts payable to Operators are calculated and payment terms.
Regulatory Authority
- any local, state or federal government or a governmental, quasi-governmental or judicial entity or authority (including the department or agency responsible under Queensland law for the relevant provisions of the Act);
- a stock exchange; and
- any other authority, agency, commission, regulator, ministry, department, instrument, tribunal (including any pricing body), enterprise, delegated authority or similar entity,
whether of Australia or elsewhere that has powers or jurisdiction under any law over a party or any act relating to this Agreement.
Scheme
| The beverage container refund scheme established by the Department of Environment, Tourism, Science and Innovation (DETSI) pursuant to Part 3B of Chapter 4 of the Act. |
Scheme Data
Any data, information or Personal Information accessible to the Operator (or any third parties who have access to such Scheme Data through the Operator) and which relates in any way to the Scheme or a Scheme Participant. For clarity, Scheme Data includes data stored or held on, or which transfers through, the IT Platform.
Services Specification
Any data, information or Personal Information accessible to the Operator (or any third parties who have access to such Scheme Data through the
Operator) and which relates in any way to the Scheme or a Scheme Participant. For clarity, Scheme Data includes data stored or held on, or which transfers
through, the IT Platform.
Services Specification
Schedule 1 of the CCA that sets out the minimum service requirements of Operators for container collection services, customer services and environment health and safety services.
Services
- all activities reasonably necessary to enable the Operator to be able to commence and undertake the Operational Services in accordance with this Agreement by the Operations Commencement Date, including the activities set out in the approved Mobilisation Plan and the achievement of the Mobilisation Service Outcomes (Mobilisation Activities); and
- the services details in the Services Specification (Operational Services).
Statutory Requirements
- any law applicable to implementation and operation of the Scheme, the provision of the Services or the Operator’s obligations under the CCA, including Acts, ordinances, regulations, by-laws, orders and other subordinate legislation, including those in relation to workplace health and safety and the HVNL;
- Approvals (including any condition or requirement under them), applicable to implementation and operation of the Scheme, the provision of the Services or the Operator’s obligations under the CCA; and
- fees and charges payable in connection with the foregoing.
State Policy
any policy, guideline, standard, circular directive, practice specification or procedure or direction (including any direction issued by the Minister under the Act) which applies in connection with the Scheme and which affects implementation of the Scheme, which:
- is notified to the PRO;
- is publicly available or otherwise available to the PRO; or
- the PRO is expressly required by the terms of this Agreement, by law, or by direction of the Minister or the State, to comply with,
as may be amended or updated from time to time.
