(1) The chief executive must decide either to grant or refuse the application
within a time that is reasonable in the circumstances.
(2) A failure to make
a decision under this section is taken to be a decision by the chief executive
to refuse the application.
(3) In deciding whether to grant the application,
the chief executive must consider the following—
(a) the objects of this
Act;
(b) the information included in the application;
(c) whether adequate
measures have been put in place to progressively minimise the amount of the
applicant’s residue waste generation.
(4) Also, the chief executive may
consult with any expert reference group or other entity the chief executive
considers suitable to provide advice in relation to financial hardship.
(5)
In deciding to grant the application, the chief executive must be satisfied of
the following—
(a) conduct of a recycling activity by the applicant on or
before 1 December 2011;
(c) that payment of the waste
levy on the residue waste, even at the discounted rate available under part 2
, would cause the applicant financial hardship to an extent that would stop
its business from operating.