Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 117

    (1)     If the waste manager receives a reconsideration application, the director-general must—

        (a)     reconsider the original decision; and

        (b)     not later than 20 working days after the day the waste manager receives the application—

              (i)     make any decision in substitution for the original decision that the waste manager could have made when making the original decision; or

              (ii)     confirm the original decision.

Note     A decision under this section is a reviewable decision (see s 119).

    (2)     However, the director-general must not take action under subsection (1) (b) if the ACAT has decided an application for review of the original decision.

    (3)     The period mentioned in subsection (1) (b) may be extended for a stated period by agreement between the director-general and the applicant.

    (4)     In reconsidering the original decision, the director-general—

        (a)     must consider—

              (i)     any information available to the waste manager when the waste manager made the original decision; and

              (ii)     information given in the reconsideration application; and

        (b)     may consider any other relevant information.

    (5)     The director-general must ensure that, if the original decision is made on the waste manager's behalf by someone else (the original decision-maker ), the director-general or someone other than the original decision-maker reconsiders the decision.