sec.72WRevocation of resource recovery area by chief executive

### sec.72W Revocation of resource recovery area by chief executive The chief executive may revoke a declaration by the operator of a waste disposal site of an area as a resource recovery area if— there is an active landfill cell within the area; or the amount of waste, including recyclable waste, stockpiled in the area is greater than the total amount of waste delivered to the area in the previous 12 months; or the operator or another entity having responsibility for the operation of the resource recovery area is convicted of an offence under this part; or the chief executive is satisfied the area does not fulfil, or no longer fulfils, the requirements under section 72R for an area to be declared as a resource recovery area. Before revoking the declaration (the proposed action ), the chief executive must give notice to the operator of the waste disposal site stating all of the following— the proposed action; the grounds for taking the proposed action; the facts and circumstances that form the basis for the grounds; when the proposed action is intended to take effect; that the operator may make, within a stated period, written submissions to show why the proposed action should not be taken. The stated period for submissions must not end earlier than 21 days after the operator of the waste disposal site is given the notice. The chief executive must consider all submissions made under subsection (2) (e) . If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the operator of the waste disposal site an information notice for the decision. The decision takes effect when the information notice is given. If a resource recovery area is revoked under this section— the area becomes part of the levyable waste disposal site; and all waste within the area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 . s 72W ins 2019 No. 2 s 6 (sec.72W-ssec.1) The chief executive may revoke a declaration by the operator of a waste disposal site of an area as a resource recovery area if— there is an active landfill cell within the area; or the amount of waste, including recyclable waste, stockpiled in the area is greater than the total amount of waste delivered to the area in the previous 12 months; or the operator or another entity having responsibility for the operation of the resource recovery area is convicted of an offence under this part; or the chief executive is satisfied the area does not fulfil, or no longer fulfils, the requirements under section 72R for an area to be declared as a resource recovery area. (sec.72W-ssec.2) Before revoking the declaration (the proposed action ), the chief executive must give notice to the operator of the waste disposal site stating all of the following— the proposed action; the grounds for taking the proposed action; the facts and circumstances that form the basis for the grounds; when the proposed action is intended to take effect; that the operator may make, within a stated period, written submissions to show why the proposed action should not be taken. (sec.72W-ssec.3) The stated period for submissions must not end earlier than 21 days after the operator of the waste disposal site is given the notice. (sec.72W-ssec.4) The chief executive must consider all submissions made under subsection (2) (e) . (sec.72W-ssec.5) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the operator of the waste disposal site an information notice for the decision. (sec.72W-ssec.6) The decision takes effect when the information notice is given. (sec.72W-ssec.7) If a resource recovery area is revoked under this section— the area becomes part of the levyable waste disposal site; and all waste within the area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 . - (a) there is an active landfill cell within the area; or - (b) the amount of waste, including recyclable waste, stockpiled in the area is greater than the total amount of waste delivered to the area in the previous 12 months; or - (c) the operator or another entity having responsibility for the operation of the resource recovery area is convicted of an offence under this part; or - (d) the chief executive is satisfied the area does not fulfil, or no longer fulfils, the requirements under section 72R for an area to be declared as a resource recovery area. - (a) the proposed action; - (b) the grounds for taking the proposed action; - (c) the facts and circumstances that form the basis for the grounds; - (d) when the proposed action is intended to take effect; - (e) that the operator may make, within a stated period, written submissions to show why the proposed action should not be taken. - (a) the area becomes part of the levyable waste disposal site; and - (b) all waste within the area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .