s.99T of the Waste Reduction and Recycling Act 2011 (Qld) (the Act)

Operator:      

Claimant:

OPERATOR LOCATIONS: Parkhurst, Yeppen & Blackwater
All bulk quantities of containers presented under this Bulk Claim Arrangement must be presented at or delivered to the container refund point(s) at Item 3 of the schedule to this

1.1 This agreement is between the Operator and the Claimant for a bulk claim arrangement within the meaning of section 99T(4) of the Act by which:

(a) The Operator agrees to accept, from time to time, claims for refund amounts for bulk quantities of empty eligible containers from the Claimant (Claim); and

(b) The Claimant agrees to comply with its obligations in relation to claiming the refund amounts and delivering empty containers to the container refund point, as set out below.

1.2 A "bulk quantity" means at least 1,500 containers, or as amended by the Waste Reduction and Recycling Regulation 2011 (Qld) from time to time.

2. COMMENCEMENT

2.1 This agreement commences on the Commencement Date, or if no Commencement Date is specified, the date on which the last party executes this agreement.

3. CLAIMANT'S OBLIGATIONS UNDER THE BULK CLAIM ARRANGEMENT

3.1 In respect of each Claim, the Claimant must:

(a) Present all containers in individual, loose form, so the Operator can readily count and assess each container for eligibility under Queensland's container refund scheme (Scheme);

(b) Not present any materials which are not eligible 'containers' as prescribed by the Act;

(c) Reasonably believe that each container presented meets the requirements set out below:

(i) The container:

(a) was collected on or after 1 November 2018 in Queensland;

(b) has not been claimed in the Scheme or in another beverage container deposit scheme;

(c) has not had a refund amount or recovery amount paid for the container;

(d) is registered for the purpose of the scheme

(e) displays the refund marking prescribed by the Act;

(f) Previously held a beverage, was sealed for storage, transport and handling before being sold for human consumption

(g) is empty and whole, and has not been mechanically crushed or compacted, or show signs of product destruction

4. ACKNOWLEDGEMENTS

4.1 The Parties acknowledge this agreement does not relieve the Operator or the Claimant from complying with their obligations under the Act, under any contract, or otherwise at law.

4.2 The Claimant acknowledges that:

(a) any Claim for a refund amount is subject to assessment and counting by the operator;

(b) the Operator may, at its discretion:

(i) Refuse to accept any Claim if the Operator believes that any obligation under clauses 3.1 to 3.3 of this agreement has not been compiled with;

(ii) refuse to accept any Claim it believes does not comply with any Requirement specified at clause 3.1(c) above, notwithstanding any reasonable belief held by the Claimant;

(iii) refuse to accept any Claim if the Operator believes the Claim is not free from any materials which are not empty ‘containers’ as prescribed by the Act;

(iv) refuse to accept any containers which are presented by the claimant in a form which does not allow the Operator to assess each individual container or where the Operator reasonably considered a container is ineligible for a refund amount (or both);

(v) ask the Claimant for a refund declaration accompanied by an official document containing the declarants photograph in respect of any claim; and

(vi) determine that it is unable to assess the containers at the time they are presented by the Claimant, and nominate an alternative time for the Claimant to present the containers for assessment; and

(c) it is an offence to claim a refund amount on a container that the claimant knows, or ought to reasonably know, a refund amount or recovery amount has already been paid and this may attract a maximum penalty of 100 penalty units.

5. GENERAL TERMS

5.1 Unless otherwise defined, terms in this agreement have the meaning as defined in the Act.

5.2 Either party may terminate this agreement with immediate effect at any time by notice in writing.

5.3 This Agreement ends on the End Date. Where no End Date is specified, this agreement continues until terminated in accordance with clause 5.2 above.

5.4 This agreement is governed by and must be construed according to the law applicable in Queensland, and the Operator and the Claimant irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland

SCHEDULE TO BULK CLAIM ARRANGEMENT

Item	Clause	Details
1	Commencement Date (Clause 2.1)
2	End Date (Clause 2.1)	Until Terminated
3	Nominated container refund point(s)	Name: Address:
4	Special Conditions (Clause 3.2)

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Executed by: in the presence of: