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WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 289 Deciding application

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 289

Deciding application

289 Deciding application

(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;
(b) that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;
(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.