sec.312Deciding application

### sec.312 Deciding application The chief executive must decide either to grant or to refuse a transition period exempt residue waste application within a period that is reasonable in the circumstances. In deciding the application, the chief executive must consider the following— the objects of this Act; the information included in the application; whether adequate measures will be implemented to progressively minimise the amount of the applicant’s residue waste generation; whether adequate measures will be implemented to ensure the applicant will be able to keep conducting the recycling activity after the transition period ends; the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity. Also, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship. The chief executive must not grant the application unless satisfied the applicant conducted a recycling activity during the qualifying period and— for a material recovery facility— the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or for the Cairns Bedminster facility—the applicant will be able to achieve as a minimum the recycling efficiency threshold; or for any other applicant—payment of the waste levy on the residue waste from the recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating. However, subsection (4)(a) does not apply for a material recovery facility if the chief executive is satisfied that— it is not reasonably practical for the applicant to achieve as a minimum the recycling efficiency threshold; and the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve a recycling efficiency during the period of the exemption that is as close to the recycling efficiency threshold as is reasonably practical in the circumstances. A failure to make a decision within a period that is reasonable in the circumstances is taken to be a decision by the chief executive to refuse the application. In this section— recycling efficiency threshold means— for a material recovery facility—85% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity; or for the Cairns Bedminster facility—33% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity. s 312 ins 2019 No. 2 s 19 (sec.312-ssec.1) The chief executive must decide either to grant or to refuse a transition period exempt residue waste application within a period that is reasonable in the circumstances. (sec.312-ssec.2) In deciding the application, the chief executive must consider the following— the objects of this Act; the information included in the application; whether adequate measures will be implemented to progressively minimise the amount of the applicant’s residue waste generation; whether adequate measures will be implemented to ensure the applicant will be able to keep conducting the recycling activity after the transition period ends; the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity. (sec.312-ssec.3) Also, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship. (sec.312-ssec.4) The chief executive must not grant the application unless satisfied the applicant conducted a recycling activity during the qualifying period and— for a material recovery facility— the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or for the Cairns Bedminster facility—the applicant will be able to achieve as a minimum the recycling efficiency threshold; or for any other applicant—payment of the waste levy on the residue waste from the recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating. (sec.312-ssec.5) However, subsection (4)(a) does not apply for a material recovery facility if the chief executive is satisfied that— it is not reasonably practical for the applicant to achieve as a minimum the recycling efficiency threshold; and the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve a recycling efficiency during the period of the exemption that is as close to the recycling efficiency threshold as is reasonably practical in the circumstances. (sec.312-ssec.6) A failure to make a decision within a period that is reasonable in the circumstances is taken to be a decision by the chief executive to refuse the application. (sec.312-ssec.7) In this section— recycling efficiency threshold means— for a material recovery facility—85% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity; or for the Cairns Bedminster facility—33% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity. - (a) the objects of this Act; - (b) the information included in the application; - (c) whether adequate measures will be implemented to progressively minimise the amount of the applicant’s residue waste generation; - (d) whether adequate measures will be implemented to ensure the applicant will be able to keep conducting the recycling activity after the transition period ends; - (e) the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity. - (a) for a material recovery facility— (i) the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or (ii) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or - (i) the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or - (ii) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or - (b) for the Cairns Bedminster facility—the applicant will be able to achieve as a minimum the recycling efficiency threshold; or - (c) for any other applicant—payment of the waste levy on the residue waste from the recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating. - (i) the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or - (ii) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or - (a) it is not reasonably practical for the applicant to achieve as a minimum the recycling efficiency threshold; and - (b) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve a recycling efficiency during the period of the exemption that is as close to the recycling efficiency threshold as is reasonably practical in the circumstances. - (a) for a material recovery facility—85% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity; or - (b) for the Cairns Bedminster facility—33% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity.