sec.59Exemption permitting use of equipment containing concentrated PCB material

sec.59 Exemption permitting use of equipment containing concentrated PCB material

A person may apply to the chief executive to— exempt equipment from the application of section 58 ; or extend an exemption given under paragraph (a) for 1 or more further periods. The chief executive may ask the applicant to give the chief executive further information the chief executive reasonably requires to decide the application. The applicant must comply with a request made under subsection (2) . The chief executive may give or extend an exemption for equipment only if the chief executive is satisfied the equipment is not— near a food processing facility, animal feedlot, school or hospital; or in a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or at another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material. An exemption may be given on reasonable conditions. The chief executive must give the applicant notice of the chief executive’s decision on the application on or before the due day. If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision. If the chief executive has not decided the application by the due day, the chief executive is taken to have refused the application. In this section— due day , for deciding an application, means— 60 days after the application is made, not including— any day the chief executive asks for information under subsection (2) ; or any day the applicant gives the requested information; or any days in between the days mentioned in subparagraphs (i) and (ii) ; or any later day agreed between the chief executive and the applicant. endangered wildlife see the Nature Conservation Act 1992 , schedule . environmental harm see the Environmental Protection Act , section 14 . (sec.59-ssec.1) A person may apply to the chief executive to— exempt equipment from the application of section 58 ; or extend an exemption given under paragraph (a) for 1 or more further periods. (sec.59-ssec.2) The chief executive may ask the applicant to give the chief executive further information the chief executive reasonably requires to decide the application. (sec.59-ssec.3) The applicant must comply with a request made under subsection (2) . (sec.59-ssec.4) The chief executive may give or extend an exemption for equipment only if the chief executive is satisfied the equipment is not— near a food processing facility, animal feedlot, school or hospital; or in a potable surface or underground water catchment area, aquatic spawning area or endangered wildlife habitat; or at another place requiring higher than usual protection against environmental harm from a spill or other accident involving concentrated PCB material. (sec.59-ssec.5) An exemption may be given on reasonable conditions. (sec.59-ssec.6) The chief executive must give the applicant notice of the chief executive’s decision on the application on or before the due day. (sec.59-ssec.7) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision. (sec.59-ssec.8) If the chief executive has not decided the application by the due day, the chief executive is taken to have refused the application. (sec.59-ssec.9) In this section— due day , for deciding an application, means— 60 days after the application is made, not including— any day the chief executive asks for information under subsection (2) ; or any day the applicant gives the requested information; or any days in between the days mentioned in subparagraphs (i) and (ii) ; or any later day agreed between the chief executive and the applicant. endangered wildlife see the Nature Conservation Act 1992 , schedule . environmental harm see the Environmental Protection Act , section 14 .