Document ID: chunk:federal_register_of_legislation:F2011L02093:body:0:p7
Version: federal_register_of_legislation:F2011L02093
Segment Type: other
Provision Reference: 
Character Range: 16926–20118

that prevent transparency.

10 Enforcement of National Environment Protection Measure Obligations

 (1) The Council envisages that brand owners will not be penalised for failure to discharge their obligations under clause 9 of these guidelines unless brand owners have first been notified of the need to comply with these obligations and the options for exemption from those obligations, and they have failed to comply with that notice.

 (2) Subject to subclause 10 (1) above, participating jurisdictions should establish offences carrying substantial financial penalties for brand owners who fail to comply with these obligations under subclause 9 (2).

 (3) The financial penalties imposed by participating jurisdictions should be consistent among the participating jurisdictions.

 (4) Jurisdictions should allocate sufficient resources to enforce compliance with this Measure.

11 Exemptions/Deemed Compliance

  Participating jurisdictions should ensure that the following persons and bodies will be exempted from, or deemed to comply with, the obligations imposed according to clause 9:
 (a) Covenant signatories who are fulfilling their obligations under the Covenant;
 (b) other industries or industry sectors for which the participating jurisdiction is satisfied that arrangements exist for the industry or industry sector that produce equivalent outcomes to those achieved through the Covenant.

Note:   The Covenant establishes monitoring, disciplinary and dispute resolution procedures to identify non-complying signatories. These and the process for referring non-complying signatories to jurisdictions are contained in Schedule 3 of the Covenant.

12 National Environment Protection Measure Application Thresholds

 (1) It is not the intention of the Council that enforceable obligations will be placed on brand owners that do not significantly contribute to the waste stream.

 (2) Participating jurisdictions shall develop a standard methodology for establishing national environment protection measure application thresholds in consultation with the Covenant Council.

13 Dependence on the Covenant

  Participating jurisdictions should ensure that statutory obligations imposed pursuant to these guidelines should have no effect if the Covenant ceases to be in force.

Part 4 National Environment Protection Protocol

14 Purpose of Part (Act, s 14 (3) (d))

  The purpose of this Part is to set out protocols for the process to be followed to enable participating jurisdictions to assess the achievement of the desired environmental outcomes of the Covenant and the national environment protection measure and to report annually to the Council on progress against the goal of the national environment protection measure.

15 Methods of Collecting Information and Reporting

 (1) To enable participating jurisdictions to report annually to the Council on whether the goal is being met, participating jurisdictions shall ensure that they are able to collect the information set out in this Part from brand owners and local governments.

 (2) Where a Covenant signatory has provided information to the Covenant Council, the Covenant Council will provide the information