WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 315 Cancellation or amendment of approval by chief executive

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 315

315 Cancellation or amendment of approval by chief executive

(1) The chief executive may cancel or amend an approval that residue waste is exempt waste granted under section 312 if the chief executive considers there are reasonable grounds to cancel or amend it.

(2) Without limiting subsection (1), the grounds for cancelling or amending the approval may include—

(a) that the chief executive is satisfied there is a reasonable suspicion that the approval holder has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and

(b) that the chief executive is satisfied there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; and

(c) the circumstances that were relevant to the granting of the application have changed; and

(d) that the limits or conditions of the approval have not been complied with; and

(e) that it is desirable to cancel the approval having regard to the objects of this Act .

(3) Before cancelling or amending the approval (the
"proposed action" ), the chief executive must give notice to the holder of the approval stating the following—

(a) the proposed action;

(b) the grounds for taking the proposed action;

(c) the facts and circumstances that form the basis for the grounds;

(d) when the proposed action is intended to take effect;

(e) that the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.

(4) The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.

(5) The chief executive must consider all submissions made under subsection (3)(e).

(6) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.

(7) The decision takes effect when the information notice is given to the holder of the approval.