ENVIRONMENT PROTECTION ACT 1993 - SECT 69

ENVIRONMENT PROTECTION ACT 1993 - SECT 69

69—Approval of collection depots and super collectors

        (1)         A person must not—

            (a)         operate a collection depot; or

            (b)         carry on business as a super collector,

without the approval of the Authority.

Maximum penalty:

            (a)         in the case of a body corporate—$60 000;

            (b)         in the case of a natural person—$30 000.

        (2)         An application for an approval under this section—

            (a)         must be made in a manner and form determined by the Authority; and

            (b)         must be accompanied by the prescribed fee; and

            (c)         must, on request by the Authority, be accompanied by additional information to enable the Authority to determine the application.

        (3)         The Authority may, in determining—

            (a)         an application for an approval under this section; or

            (b)         what should be the conditions of such an approval,

have regard to the need for a sustainable waste management system for containers and, in particular, for that purpose, the need for—

            (c)         ongoing, effective and appropriate waste management arrangements in relation to the classes of containers proposed to be handled under the approval; and

            (d)         effective processes for resolving disputes between the parties to those arrangements.

        (4)         An approval under this section may be granted unconditionally or subject to conditions and must be notified (together with any conditions) in the Gazette.

        (5)         If the Authority refuses an application for an approval under this section, the Authority must give the applicant written notice of the refusal and the reasons for the refusal.

        (6)         The Authority may, on its own initiative or on application, by notice in the Gazette, vary an approval under this section or impose, vary or revoke a condition of an approval.

        (7)         The Authority may, by notice in the Gazette, revoke an approval under this section if satisfied that a condition of the approval has been contravened.

        (8)         Before the Authority acts on its own initiative under subsection (6) or acts under subsection (7), the Authority must—

            (a)         notify the holder of the approval in writing of its proposed action specifying reasons for the proposed action; and

            (b)         allow the holder of the approval at least 14 days within which to make submissions to the Authority in relation to the proposed action.

        (9)         A notice under this section has effect from the date of publication of the notice in the Gazette or a future date specified in the notice.