12Determination of application

#### 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](/view/html/inforce/current/act-1979-203) or approval of a local council under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) 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. > > > (6) An application for a collection point arrangement approval is taken to have been refused if it is not determined by the EPA— > > > > > (a) except as provided by paragraph (b)—within 42 days after the date on which the application is lodged with the EPA, or > > > > > (b) if the EPA requires the applicant to provide further information in connection with the application under clause 11(2)—within 42 days after the applicant provides the information to the EPA. > > > (7) For the purposes of subclause (2)(d), the EPA may consider any matter that the Minister may consider in determining whether an applicant for a Scheme administration agreement is a fit and proper person under clause 9. For that purpose any reference in that clause to— > > > > > (a) the proposed agreement is taken to be a reference to the proposed collection point arrangement, and > > > > > (b) the contravention of a provision of a Scheme administration agreement is taken to be a reference to the contravention of a condition of a collection point arrangement approval. > > **cl 12:** Am 2023 (53), Sch 1\[7\].