101Landfill disposal exemptions

101 Landfill disposal exemptions

(1) A person may apply to the Minister for an exemption from section 100.

(a) be made in the prescribed form, if any; and

(b) contain any prescribed information; and

(3) The Minister by instrument may grant an exemption from section 100 if the Minister is satisfied that—

(a) exceptional circumstances justifying the exemption exist; and

(b) granting the exemption will not pose a serious risk of failure of, or disruption to, any waste, recycling or resource recovery service; and

(c) it is not reasonably practicable for the applicant to comply with section 100.

(4) The Minister may grant an exemption either on the application of a person under subsection (1) or on the Minister's own initiative.

(5) An exemption—

(a) may be granted to a person or a class of persons; and

(b) may be subject to any terms and conditions the Minister considers appropriate; and

(c) remains in effect for the period specified in the exemption; and

(d) may be varied or revoked by the Minister at any time; and

(e) may be renewed by the Minister.

(6) If the Minister grants an exemption to a class of persons, details of the exemption must be published in the Government Gazette as soon as reasonably practicable after the exemption is granted.

(7) An exemption takes effect—

(a) if the exemption is published in the Government Gazette—

(i) on the day it is published in the Government Gazette; or

(ii) on any later day specified in the exemption; or

(b) in any other case, on the day specified in the exemption.