QLDIn ForceRegulation
Environmental Protection Regulation 2019
sec.144Original decisions and dissatisfied persons— Act , s 519
Start here
Get a plain-English read of sec.144
Turn the raw legal text into a practical explanation grounded in Environmental Protection Regulation 2019.
### sec.144 Original decisions and dissatisfied persons— Act , s 519
For section 519 (2) of the Act , it is declared that chapter 11 , part 3 of the Act applies to the following decisions as if each decision were a decision mentioned in schedule 2 , part 2 of the Act —
the following decisions of the administering executive—
a decision to refuse a way of giving information under section 92 ;
a decision to approve a way of giving information subject to conditions under section 92 ;
a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ;
a decision to refuse an application for a consignment number under section 93 (4) (b) ;
a decision of the administering authority, under section 94 —
to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or
to approve an exemption application subject to conditions;
the following decisions of the chief executive—
a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ;
a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ;
a decision to request information under section 123 (3) ;
a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ;
a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ;
a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .
For section 519 (2) of the Act , it is declared that chapter 11 , part 3 , division 1 and division 3 , subdivision 2 of the Act applies to a decision of the Minister under section 120 (7) as if the decision were a review decision.
For section 520 (1) (x) of the Act , each of the following persons is declared to be a dissatisfied person—
for a decision mentioned in subsection (1) (a) or (b) —the applicant for the decision; and
for a decision mentioned in subsection (1) (c) or (2) —the occupier of the reporting facility affected by the decision.
s 144 amd 2024 SL No. 126 s 7
(sec.144-ssec.1) For section 519 (2) of the Act , it is declared that chapter 11 , part 3 of the Act applies to the following decisions as if each decision were a decision mentioned in schedule 2 , part 2 of the Act — the following decisions of the administering executive— a decision to refuse a way of giving information under section 92 ; a decision to approve a way of giving information subject to conditions under section 92 ; a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ; a decision to refuse an application for a consignment number under section 93 (4) (b) ; a decision of the administering authority, under section 94 — to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or to approve an exemption application subject to conditions; the following decisions of the chief executive— a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ; a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ; a decision to request information under section 123 (3) ; a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ; a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ; a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .
(sec.144-ssec.2) For section 519 (2) of the Act , it is declared that chapter 11 , part 3 , division 1 and division 3 , subdivision 2 of the Act applies to a decision of the Minister under section 120 (7) as if the decision were a review decision.
(sec.144-ssec.3) For section 520 (1) (x) of the Act , each of the following persons is declared to be a dissatisfied person— for a decision mentioned in subsection (1) (a) or (b) —the applicant for the decision; and for a decision mentioned in subsection (1) (c) or (2) —the occupier of the reporting facility affected by the decision.
- (a) the following decisions of the administering executive— (i) a decision to refuse a way of giving information under section 92 ; (ii) a decision to approve a way of giving information subject to conditions under section 92 ; (iii) a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ; (iv) a decision to refuse an application for a consignment number under section 93 (4) (b) ;
- (i) a decision to refuse a way of giving information under section 92 ;
- (ii) a decision to approve a way of giving information subject to conditions under section 92 ;
- (iii) a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ;
- (iv) a decision to refuse an application for a consignment number under section 93 (4) (b) ;
- (b) a decision of the administering authority, under section 94 — (i) to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or (ii) to approve an exemption application subject to conditions;
- (i) to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or
- (ii) to approve an exemption application subject to conditions;
- (c) the following decisions of the chief executive— (i) a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ; (ii) a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ; (iii) a decision to request information under section 123 (3) ; (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ; (v) a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ; (vi) a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .
- (i) a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ;
- (ii) a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ;
- (iii) a decision to request information under section 123 (3) ;
- (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ;
- (v) a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ;
- (vi) a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .
- (i) a decision to refuse a way of giving information under section 92 ;
- (ii) a decision to approve a way of giving information subject to conditions under section 92 ;
- (iii) a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ;
- (iv) a decision to refuse an application for a consignment number under section 93 (4) (b) ;
- (i) to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or
- (ii) to approve an exemption application subject to conditions;
- (i) a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ;
- (ii) a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ;
- (iii) a decision to request information under section 123 (3) ;
- (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ;
- (v) a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ;
- (vi) a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .
- (a) for a decision mentioned in subsection (1) (a) or (b) —the applicant for the decision; and
- (b) for a decision mentioned in subsection (1) (c) or (2) —the occupier of the reporting facility affected by the decision.