Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017
12Determination of application
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12 Determination of application
12 Determination of application
(1) The EPA may, after considering an application for a collection point arrangement approval—
(a) grant the application, with or without conditions, or
(b) refuse the application.
(2) Without limiting the matters that the EPA may consider in determining an application for a collection point arrangement approval, the EPA may consider any of the following matters in determining the application—
(a) whether the proposed collection point arrangement complies with the requirements of the Act or this Regulation,
(b) whether, in the opinion of the EPA, the proposed collection point arrangement makes adequate provision for environmental protection measures,
(c) whether any necessary development consent under the Environmental Planning and Assessment Act 1979 or approval of a local council under the Local Government Act 1993 has been or, in the opinion of the EPA, is likely to be obtained in relation to the activities authorised or required under the proposed arrangement,
(d) whether the proposed collection point operator is a fit and proper person to fulfil the obligations under the arrangement.
(3) If the EPA grants an application for a collection point arrangement approval, it must issue the approval to the applicant in a form that sets out the conditions to which the approval is subject.
(3A) Without limiting subclause (1)(a), the EPA may impose conditions on a collection point arrangement approval for the following purposes—
(a) to protect human health,
(b) to protect the environment.
(4) If the EPA refuses an application for a collection point arrangement approval, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal and information relating to the applicant’s rights of review under this Regulation.
(5) If the EPA refuses an application for a collection point arrangement approval, it must refund any approval fee that was submitted by the applicant in connection with the application.