28Prescribed matters Authority or council must take into account when determining whether to issue permit

28 Prescribed matters Authority or council must take into account when determining whether to issue permit

For the purposes of section 81(3) of the Act, the prescribed matters are—

(a) in the case of an application to the Authority—

(i) any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity specified in the application; and

(ii) the impact of the activity on human health and the environment; and

(iii) the principles of environment protection; and

(iv) whether the activity is otherwise consistent with the Act and these Regulations; and

(b) in the case of an application to the Authority for a permit that specifies an activity set out in item 15 (A10a—Reportable priority waste (transport)—high risk) in the Table in Schedule 1, the best available techniques or technologies for engaging in the activity; and

(c) in the case of an application to the Authority for a permit that specifies an activity set out in item 17 (A11—Transporting waste into Victoria) in the Table in Schedule 1—

(i) whether the facility to which the waste will be transported is appropriately licensed or otherwise approved by the Authority to receive the waste and has sufficient capacity to receive the waste; and

(ii) relevant environment protection policies, statutory policies and legislation of other participating jurisdictions relating to the generation, transport, treatment or disposal of waste; and

(iii) whether there is an appropriate facility for the reuse, recycling, treatment or disposal of the waste in the jurisdiction where the waste was generated; and

(d) in the case of an application to the Authority for a permit that specifies an activity set out in item 18 (A12—Transporting waste out of Victoria) in the Table in Schedule 1—

(i) the type of waste being assessed and how best practice disposal or deposit of this type of waste may occur in Victoria; and

(ii) engineering specifications of the facility to which the waste is proposed to be deposited or disposed to in the receiving jurisdiction and how that compares with the matters set out in subparagraph (i); and

(iii) if the movement is intended to achieve a higher order waste management hierarchy outcome as set out in section 18 of the Act; and

(e) in the case of an application to the Authority for a permit that specifies an activity set out in item 26 (A18—Discharge or deposit of waste to aquifer) in the Table in Schedule 1, whether granting the permit may adversely affect any environmental values identified in any relevant environment reference standard, taking into account any other activities being, or proposed to be, engaged in by the applicant or any other person; and