ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 23

ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 23

23 .         Exemptions from this Part; refunds etc. of levy

        (1)         A licensee may by application in the approved form claim an exemption from regulation 22 for the following waste received at a licensed landfill in any return period —

            (a)         uncontaminated soil or other clean fill that —

                  (i)         is, or is to be, used after the completion of landfill operations to cover, to a depth of up to 500 mm, waste disposed of on the premises; and

                  (ii)         was accepted by the licensee at no charge;

            (b)         waste that is not disposed of to landfill but is collected and stored at a licensed landfill for recycling;

            (c)         approved waste that has been disposed of in an approved manner.

        (2)         A licensee may by application in the approved form claim an exemption from the requirement under regulation 25(1) to weigh waste on a weighbridge.

        (2a)         A licensee of a category 63 licensed landfill may by application in the approved form claim an exemption from the requirements of regulation 26(4) and (5) in respect of a return period if no waste has been disposed of to landfill on the licensed landfill.

        (3)         The Chief Executive Officer may, by written notice —

            (a)         grant, or refuse to grant, an exemption; or

            (b)         grant an exemption subject to conditions, or limited to circumstances, specified in the notice; or

            (c)         revoke an exemption.

        (4)         In any exemption notice for waste referred to in subregulation (1)(b) or (c) the Chief Executive Officer is to specify the period for which the exemption applies.

        (5)         If a condition subject to which an exemption is given is breached, the exemption ceases to have effect.

        (6)         If waste referred to in subregulation (1)(b) for which an exemption is granted has not been recycled, or otherwise removed in an approved manner, from the licensed landfill within the exemption period, the licensee is to pay the levy that would have been payable in respect of that waste if the exemption had not been granted not later than 2 weeks after the end of the exemption period.

        (7)         If the Chief Executive Officer is satisfied that —

            (a)         waste referred to in subregulation (1)(b) for which an exemption is granted has been recycled or otherwise removed from the licensed landfill within 12 months after the exemption period; and

            (b)         the levy has been paid in respect of the waste,

                the Chief Executive Officer may refund or rebate to the licensee an amount equal to the amount of levy paid in respect of the waste.

        [Regulation 23 inserted: Gazette 26 Jun 1998 p. 3371; amended: Gazette 29 Sep 2006 p. 4262.]