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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 357B Who may apply for temporary emissions licence

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 357B

Who may apply for temporary emissions licence

357B Who may apply for temporary emissions licence

(1) A person may apply for a licence (a
"temporary emissions licence" ) that permits the temporary relaxation or modification of—
(a) particular conditions of an environmental authority; or
(b) particular requirements or conditions of a transitional environmental program;
that relate to the release of a contaminant into the environment in response to an applicable event.
(2) A person may apply for a temporary emissions licence only if the person is the holder of—
(a) an environmental authority; or
(b) a transitional environmental program.
(3) The application may be made—
(a) in anticipation of an applicable event; or
(b) in response to an applicable event.
Example of application in anticipation of an applicable event—
application to release a contaminant into water when flood waters are due to reach the site of an activity within hours or days
Example of application in response to an applicable event—
application to allow a waste transfer station to change its operating hours, or the types of material it receives, as part of a flood response after flood waters have receded
(4) The application must—
(a) be made—
(i) in person to an authorised person; or
(ii) by email or facsimile to the administering authority; and
(b) be supported by enough information to enable the administering authority to decide the application.
(5) The applicant must pay the administering authority the fee for the application prescribed under a regulation.
(6) If the applicant does not pay the fee within the period of at least 20 days stated for payment in a notice given to the applicant by the administering authority, the administering authority may recover it as a debt.