| (1) | The producer responsibility organisation that establishes and implements an extended producer responsibility scheme must, together with its members, determine the proposed extended producer responsibility fee and apply the extended producer fee proportionally to all members based on the identified products placed on the market. |
[Regulation 7(1) substituted by section 8(a) of Notice No. 400, GG44539, dated 5 May 2021]
| (2) | The proposed extended producer responsibility fee must be submitted electronically to the Minister, including the motivation, justification and any other relevant information, who must obtain concurrence on the proposed extended producer responsibility fee from the Minister responsible for finance within 60 days of submission. |
[Regulation 7(2) substituted by section 8(b) of Notice No. 400, GG44539, dated 5 May 2021]
| (3) | The extended producer responsibility fee must be based on nett cost recovery including a differentiated rate per item category, of each product or class of product, which must be paid by a producer to fund extended producer responsibility schemes and be dependent on the following: |
| (b) | ease of recyclability; |
| (c) | current demand for the material for recycling purposes; |
| (d | costs for establishing a collection system for the identified products; |
| (e) | collection, transport, storage and treatment costs for separately collected waste; |
| (f) | administrative costs; |
| (g) | costs for public communication and awareness - raising (on waste prevention, litter reduction, separate collection, etc.); |
| (h) | costs for the appropriate surveillance of the system (including auditing); and |
| (i) | less revenues from recycled material sales. |
[Regulation 7(3) substituted by section 8(c) of Notice No. 400, GG44539, dated 5 May 2021]
| (4) | The latest extended producer responsibility fee must, at all times, be publicly available on the website of the producer responsibility organisation. |
[Regulation 7(4) substituted by section 8(d) of Notice No. 400, GG44539, dated 5 May 2021]
| (5) | The producer responsibility organisation that establishes and implements an extended producer responsibility 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 |
| (b) | by 30 November for the following year. |
[Regulation 7(5) substituted by section 8(e) of Notice No. 400, GG44539, dated 5 May 2021]
| (6) | The annual financial plan and annual budget must include, as a minimum, the following information: |
| (a) | Estimated revenue (extended producer responsibility fees) from the various product streams; |
| (b) | The manner in which the contributions (extended producer responsibility fees) are calculated and assessed; |
| (c) | the total amount of the contributions (extended producer responsibility fees) that cover the nett cost of the obligations incumbent on the producer responsibility organisation applying for registration; |
[Regulation 7(6)(c) substituted by section 8(f) of Notice No. 400, GG44539, dated 5 May 2021]
| (d) | The revenue collection method for each product stream; |
| (e) | The conditions and procedures for revising the contributions to reflect changes in the obligations incumbent on the registered producer under this Regulations; and |
| (f) | The methodology for allocating and disbursing revenue for implementing the extended producer responsibility scheme amongst the collection, waste minimisation, recycling, waste reuse and any other relevant component of the extended producer responsibility scheme. |
(7)
| (a) | The administration cost of the EPR scheme will be limited to the following: |
| (i) | Salaries of the producer responsibility organisation staff; |
| (ii) | Overhead costs (utilities and rent); and |
| (iii) | Information Technology and Systems. |
| (b) | The administration cost of the extended producer responsibility scheme must not exceed— |
| (i) | 20% of the revenue collected in calendar year 1 of implementation; |
| (ii) | 15% of the revenue collected in calendar year 2 of implementation; and |
| (iii) | 12% of the revenue collected in calendar year 3 of implementation."; |
| (c) | The administration fee must be reviewed in calendar year 3 of implementation and annually thereafter, and a Notice must be published in the Government Gazette by the Minister determining the administration fee for extended producer responsibility schemes. |
[Regulation 7(7) substituted by section 8(g) of Notice No. 400, GG44539, dated 5 May 2021]
| (8) | The administration fee must be reviewed in calendar year 2 of implementation, and a Notice must be published in the Government Gazette by the Minister prescribing the administration fee for extended producer responsibility schemes. |
