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Waste Reduction and Recycling Act 2011
sec.46Deciding application
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### sec.46 Deciding application
The chief executive must decide either to grant or to refuse a residue waste discounting application within 28 days after the later of the following days—
the day the chief executive receives the application;
if additional information or documents are requested under section 45 —the day the chief executive receives the information or documents.
In deciding the application, the chief executive must consider all of the following—
the objects of this Act;
the information included in the application;
any criteria prescribed by regulation;
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.
However, the chief executive must refuse the application in the circumstances prescribed by regulation.
A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.
s 46 prev s 46 om 2013 No. 6 s 27
pres s 46 ins 2019 No. 2 s 6
(sec.46-ssec.1) The chief executive must decide either to grant or to refuse a residue waste discounting application within 28 days after the later of the following days— the day the chief executive receives the application; if additional information or documents are requested under section 45 —the day the chief executive receives the information or documents.
(sec.46-ssec.2) In deciding the application, the chief executive must consider all of the following— the objects of this Act; the information included in the application; any criteria prescribed by regulation; 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.46-ssec.3) However, the chief executive must refuse the application in the circumstances prescribed by regulation.
(sec.46-ssec.4) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.
- (a) the day the chief executive receives the application;
- (b) if additional information or documents are requested under section 45 —the day the chief executive receives the information or documents.
- (a) the objects of this Act;
- (b) the information included in the application;
- (c) any criteria prescribed by regulation;
- (d) 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.