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Environmental Protection Regulation 2019
sec.124Deciding estimation technique application
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### sec.124 Deciding estimation technique application
For deciding an estimation technique application, the chief executive must—
approve the estimation technique for which approval is sought (the proposed technique ); or
refuse to approve the proposed technique; or
approve the proposed technique subject to a modification decided by the chief executive; or
approve another estimation technique.
In deciding whether to approve the proposed technique, or approve another estimation technique, the chief executive must have regard to the representativeness of the proposed technique compared with the representativeness of estimation techniques in the relevant industry reporting materials for the reporting facility.
The chief executive may refuse to approve the proposed technique if—
the chief executive has given the occupier a notice under section 123 (3) asking for further information; and
the occupier does not comply with the request in the period stated in the notice.
The chief executive must give the occupier written notice of the decision under subsection (1) as soon as possible after making the decision.
If the chief executive decides to approve the technique subject to a modification, the notice must state the modification.
If the chief executive refuses to approve the proposed technique, approves it subject to a modification or approves another estimation technique, the chief executive must give the occupier an information notice about the decision.
Subsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision—
within 40 days after the application is made; or
if the occupier gave the chief executive further information requested under section 123 (3) —within 40 days after receiving the further information.
The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to approve the proposed technique.
(sec.124-ssec.1) For deciding an estimation technique application, the chief executive must— approve the estimation technique for which approval is sought (the proposed technique ); or refuse to approve the proposed technique; or approve the proposed technique subject to a modification decided by the chief executive; or approve another estimation technique.
(sec.124-ssec.2) In deciding whether to approve the proposed technique, or approve another estimation technique, the chief executive must have regard to the representativeness of the proposed technique compared with the representativeness of estimation techniques in the relevant industry reporting materials for the reporting facility.
(sec.124-ssec.3) The chief executive may refuse to approve the proposed technique if— the chief executive has given the occupier a notice under section 123 (3) asking for further information; and the occupier does not comply with the request in the period stated in the notice.
(sec.124-ssec.4) The chief executive must give the occupier written notice of the decision under subsection (1) as soon as possible after making the decision.
(sec.124-ssec.5) If the chief executive decides to approve the technique subject to a modification, the notice must state the modification.
(sec.124-ssec.6) If the chief executive refuses to approve the proposed technique, approves it subject to a modification or approves another estimation technique, the chief executive must give the occupier an information notice about the decision.
(sec.124-ssec.7) Subsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision— within 40 days after the application is made; or if the occupier gave the chief executive further information requested under section 123 (3) —within 40 days after receiving the further information.
(sec.124-ssec.8) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to approve the proposed technique.
- (a) approve the estimation technique for which approval is sought (the proposed technique ); or
- (b) refuse to approve the proposed technique; or
- (c) approve the proposed technique subject to a modification decided by the chief executive; or
- (d) approve another estimation technique.
- (a) the chief executive has given the occupier a notice under section 123 (3) asking for further information; and
- (b) the occupier does not comply with the request in the period stated in the notice.
- (a) within 40 days after the application is made; or
- (b) if the occupier gave the chief executive further information requested under section 123 (3) —within 40 days after receiving the further information.