WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 172 Procedure for amending, cancelling or suspending end of waste code

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 172

172 Procedure for amending, cancelling or suspending end of waste code

(1) This section applies if the chief executive proposes—

(a) to amend an end of waste code; or

(b) to cancel or suspend an end of waste code.

(2) The chief executive must—

(a) give notice of the proposed action to each registered resource producer for the end of waste code; and

(b) publish a notice of the proposed action—

(i) on the department’s website; and

(ii) in any other way the chief executive considers appropriate.

(3) A notice under subsection (2) must state the following—

(a) the action the chief executive proposes to take;

(b) if the proposed action is an amendment of an end of waste code—the proposed amendment;

(c) if the proposed action is suspension—the proposed period of the suspension;

(d) the reasons for the proposed action;

(e) the facts and circumstances that form the basis for the reasons;

(f) for a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action;

(g) for a notice published under subsection (2) (b) —that any person may, within a stated period, make a written submission to the chief executive about the proposed action.

(4) The stated period must not end before 28 days after whichever of the following happens last—

(a) the day the notice is given to the registered resource producer under subsection (2) (a) ;

(b) the day the notice is published under subsection (2) (b) .

(5) The chief executive may decide whether or not to take the proposed action after considering—

(a) all submissions made under subsection (3) within the stated period; and

(b) if the proposed action is an amendment of an end of waste code—

(i) the effect of the amendment on the use of a particular resource; and

(ii) whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and

(iii) the waste and resource management hierarchy; and

(iv) any advice, information or comment provided by any technical advisory panel; and

(c) another matter prescribed by regulation.

(6) Within 10 business days after making a decision, the chief executive must give each registered resource producer for the end of waste code—

(a) if the decision is to take the proposed action—an information notice for the decision; or

(b) if the decision is not to take the proposed action—a notice stating the decision.

(7) A decision to take the proposed action that is an amendment of the end of waste code takes effect for each registered resource producer for the code on the day the amended end of waste code takes effect under section 173 (4) .

(8) A decision to take the proposed action that is cancellation or suspension of the end of waste code takes effect for a registered resource producer on the later of the following days—

(a) the day the information notice is given to the registered resource producer;

(b) a later day stated in the information notice for that purpose.