QLDIn ForceAct
Waste Reduction and Recycling Act 2011
sec.72DAmendment of waste levy instalment agreement
Start here
Get a plain-English read of sec.72D
Turn the raw legal text into a practical explanation grounded in Waste Reduction and Recycling Act 2011.
### sec.72D Amendment of waste levy instalment agreement
The operator of a levyable waste disposal site may apply to the chief executive for an amendment of a waste levy instalment agreement to—
include an additional waste levy amount; or
extend the period for the repayment of the total waste levy amount the subject of the agreement.
However—
any additional waste levy amount must not be greater than 10% of the total waste levy amount owing by the operator when the application is made, other than an amount already the subject of the agreement; and
the period of any extension must not be more than 3 months; and
the operator must not have previously made an application for the amendment of the waste levy instalment agreement.
The application must be in the approved form and state—
any additional waste levy amount sought to be included in the agreement; and
the length of any extension sought; and
the changes in the applicant’s circumstances that have caused the applicant to seek the amendment.
The chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and—
if the decision is to grant the application—give the operator a notice stating—
the terms of the amended waste levy instalment agreement; and
the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or
if the decision is to refuse the application—give the operator an information notice for the decision.
The chief executive may grant the application only if satisfied the applicant has demonstrated—
an inability to pay waste levy amounts owing within the time provided for in the agreement; and
how amendment of the agreement will allow the applicant to pay all waste levy amounts owing and future waste levy amounts.
The making of an application under this section does not of itself affect the applicant’s obligations under the waste levy instalment agreement sought to be amended.
s 72D ins 2019 No. 2 s 6
(sec.72D-ssec.1) The operator of a levyable waste disposal site may apply to the chief executive for an amendment of a waste levy instalment agreement to— include an additional waste levy amount; or extend the period for the repayment of the total waste levy amount the subject of the agreement.
(sec.72D-ssec.2) However— any additional waste levy amount must not be greater than 10% of the total waste levy amount owing by the operator when the application is made, other than an amount already the subject of the agreement; and the period of any extension must not be more than 3 months; and the operator must not have previously made an application for the amendment of the waste levy instalment agreement.
(sec.72D-ssec.3) The application must be in the approved form and state— any additional waste levy amount sought to be included in the agreement; and the length of any extension sought; and the changes in the applicant’s circumstances that have caused the applicant to seek the amendment.
(sec.72D-ssec.4) The chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and— if the decision is to grant the application—give the operator a notice stating— the terms of the amended waste levy instalment agreement; and the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or if the decision is to refuse the application—give the operator an information notice for the decision.
(sec.72D-ssec.5) The chief executive may grant the application only if satisfied the applicant has demonstrated— an inability to pay waste levy amounts owing within the time provided for in the agreement; and how amendment of the agreement will allow the applicant to pay all waste levy amounts owing and future waste levy amounts.
(sec.72D-ssec.6) The making of an application under this section does not of itself affect the applicant’s obligations under the waste levy instalment agreement sought to be amended.
- (a) include an additional waste levy amount; or
- (b) extend the period for the repayment of the total waste levy amount the subject of the agreement.
- (a) any additional waste levy amount must not be greater than 10% of the total waste levy amount owing by the operator when the application is made, other than an amount already the subject of the agreement; and
- (b) the period of any extension must not be more than 3 months; and
- (c) the operator must not have previously made an application for the amendment of the waste levy instalment agreement.
- (a) any additional waste levy amount sought to be included in the agreement; and
- (b) the length of any extension sought; and
- (c) the changes in the applicant’s circumstances that have caused the applicant to seek the amendment.
- (a) if the decision is to grant the application—give the operator a notice stating— (i) the terms of the amended waste levy instalment agreement; and (ii) the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or
- (i) the terms of the amended waste levy instalment agreement; and
- (ii) the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or
- (b) if the decision is to refuse the application—give the operator an information notice for the decision.
- (i) the terms of the amended waste levy instalment agreement; and
- (ii) the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or
- (a) an inability to pay waste levy amounts owing within the time provided for in the agreement; and
- (b) how amendment of the agreement will allow the applicant to pay all waste levy amounts owing and future waste levy amounts.