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Waste Reduction and Recycling Act 2011
sec.173MApplying to amend end of waste approval
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### sec.173M Applying to amend end of waste approval
The holder of an end of waste approval may apply to the chief executive to amend the approval (an amendment application ).
See chapter 8A , part 2 for general provisions that apply to the application.
The application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.
A regulation may prescribe matters about preparing a written report.
The period for deciding the application is—
if the application is for a minor amendment of the approval—20 business days; or
otherwise—40 business days that may be extended, under section 173U , by 20 business days.
In this section—
environmental harm see the Environmental Protection Act , section 14 .
minor amendment , of an approval, means an amendment of the approval—
to correct a minor or formal error in the approval; or
to make a change that is not a change of substance and does not—
relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or
relate to the use of the resource; or
significantly increase any environmental harm caused by the use of the resource; or
adversely affect the interests of the holder of the approval or another person; or
of a type prescribed by regulation.
suitably qualified person , in relation to a written report, means a person who—
has the qualifications and experience appropriate for preparing the report; and
meets any other criteria prescribed by regulation.
s 173M ins 2014 No. 59 s 167
sub 2017 No. 31 s 23
amd 2023 No. 6 s 131
(sec.173M-ssec.1) The holder of an end of waste approval may apply to the chief executive to amend the approval (an amendment application ). See chapter 8A , part 2 for general provisions that apply to the application.
(sec.173M-ssec.2) The application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.
(sec.173M-ssec.3) A regulation may prescribe matters about preparing a written report.
(sec.173M-ssec.4) The period for deciding the application is— if the application is for a minor amendment of the approval—20 business days; or otherwise—40 business days that may be extended, under section 173U , by 20 business days.
(sec.173M-ssec.5) In this section— environmental harm see the Environmental Protection Act , section 14 . minor amendment , of an approval, means an amendment of the approval— to correct a minor or formal error in the approval; or to make a change that is not a change of substance and does not— relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or relate to the use of the resource; or significantly increase any environmental harm caused by the use of the resource; or adversely affect the interests of the holder of the approval or another person; or of a type prescribed by regulation. suitably qualified person , in relation to a written report, means a person who— has the qualifications and experience appropriate for preparing the report; and meets any other criteria prescribed by regulation.
- (a) if the application is for a minor amendment of the approval—20 business days; or
- (b) otherwise—40 business days that may be extended, under section 173U , by 20 business days.
- (a) to correct a minor or formal error in the approval; or
- (b) to make a change that is not a change of substance and does not— (i) relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or (ii) relate to the use of the resource; or (iii) significantly increase any environmental harm caused by the use of the resource; or (iv) adversely affect the interests of the holder of the approval or another person; or
- (i) relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or
- (ii) relate to the use of the resource; or
- (iii) significantly increase any environmental harm caused by the use of the resource; or
- (iv) adversely affect the interests of the holder of the approval or another person; or
- (c) of a type prescribed by regulation.
- (i) relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or
- (ii) relate to the use of the resource; or
- (iii) significantly increase any environmental harm caused by the use of the resource; or
- (iv) adversely affect the interests of the holder of the approval or another person; or
- (a) has the qualifications and experience appropriate for preparing the report; and
- (b) meets any other criteria prescribed by regulation.