Waste Reduction and Recycling Regulation 2023
sec.23Circumstances for refusing residue waste discounting applications— Act , s 46
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sec.23 Circumstances for refusing residue waste discounting applications— Act , s 46
For section 46 (3) of the Act , this section prescribes the circumstances in which the chief executive must refuse a residue waste discounting application for a recycling activity. The chief executive must refuse the application unless satisfied— the applicant is achieving the recycling efficiency threshold for the recycling activity; or if the applicant has a performance history for conducting the recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity—the applicant will achieve the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity. However, subsection (2) does not apply if the chief executive is satisfied— it is not reasonably practicable for the applicant to achieve the recycling efficiency threshold for the recycling activity; but the strategies or practices proposed in the application to improve the recycling efficiency of the recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances. (sec.23-ssec.1) For section 46 (3) of the Act , this section prescribes the circumstances in which the chief executive must refuse a residue waste discounting application for a recycling activity. (sec.23-ssec.2) The chief executive must refuse the application unless satisfied— the applicant is achieving the recycling efficiency threshold for the recycling activity; or if the applicant has a performance history for conducting the recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity—the applicant will achieve the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity. (sec.23-ssec.3) However, subsection (2) does not apply if the chief executive is satisfied— it is not reasonably practicable for the applicant to achieve the recycling efficiency threshold for the recycling activity; but the strategies or practices proposed in the application to improve the recycling efficiency of the recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances.
- (a) the applicant is achieving the recycling efficiency threshold for the recycling activity; or
- (b) if the applicant has a performance history for conducting the recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity—the applicant will achieve the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity.