5Determinations of the Authority

5 Determinations of the Authority

(1) The Authority may make a determination for the purposes of section 36(a) of the Act that sets out the background level (including the manner of deriving the background level) of waste or a chemical substance in relation to land.

(2) A determination made by the Authority under subregulation (1) may—

(a) set out the background level (including the manner of deriving the background level) of any of the following—

(i) waste or a type of waste;

(ii) a chemical substance or a class of chemical substance; and

(b) be limited to a specific place or premises or class of place or premises; and

(c) be of specific or general application.

(3) The Authority may make a determination that sets out the specifications acceptable to the Authority in relation to the following—

Reg. 5(3)(a) amended by S.R. No. 123/2021 reg. 4.

(a) receiving and using industrial waste under regulation 63(b);

(b) the use of waste tyres under regulation 63(j) for the purposes of item 14 (A09b—Waste tyre storage—small) in the Table in Schedule 1;

(c) a declaration of use made under regulation 64(2).

The Act authorises the Authority to make determinations of other matters, including that a person does not require a certain type of permission (see section 48 of the Act).

(4) The Authority may include in a determination under this regulation any condition or limitation it considers appropriate in the circumstances.

(5) If the Authority makes a determination under this regulation it must publish a notice in the Government Gazette that—

(a) states that the determination has been made; and

(b) identifies to whom and to what the determination applies; and

(c) identifies any provision of these Regulations to which the determination relates; and

(d) includes any other details that the Authority considers to be appropriate.

(6) As soon as practicable after publishing a notice in the Government Gazette, the Authority must cause a similar notice to be published on its website.

(7) A determination takes effect on the day on which the notice is published in the Government Gazette, or on any later day specified in the notice.

(8) The Authority must make a copy of a determination available for inspection, on request, by any person affected by the determination.

(9) Nothing in this regulation requires the Authority to include in the notice under subregulation (5) or (6) or the copy of the determination under subregulation (8)—

(a) any confidential or personal information about an individual; or