Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 22

    (1)     The waste manager must, not later than 56 days after the day the waste manager receives an application under section 19—

        (a)     approve the application; or

        (b)     refuse the application.

Note 1     A fee may be determined under s 126 for a licence.

Note 2     Failure to approve an application within the required time is taken to be a decision not to approve the application (see ACT Civil and Administrative Tribunal Act 2008

, s 12).

Note 3     A decision under this section is a reviewable decision (see s 119).

    (2)     However, before approving an application for a licence, the waste manager must consult an entity, prescribed by regulation, before the waste manager approves a licence.

Note     Power to make a regulation includes power to make different provision in relation to different matters or different classes of matters, and to make a regulation that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

    (3)     Also, the waste manager—

        (a)     may approve the application only if satisfied that the applicant complies, and is likely to continue to comply, with the requirements of this Act; and

        (b)     may refuse the application if—

              (i)     the application is materially false or misleading; or

              (ii)     the applicant has, within 2 years before the application was made, committed an offence under this Act or a corresponding law of a State.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

    (4)     If the waste manager refuses the application, the waste manager must as soon as practicable tell the applicant, in writing, the reason for the refusal.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (5)     If the waste manager approves the application the waste manager must, as soon as practicable after deciding the application—

        (a)     tell the applicant—

              (i)     that the application is approved; and

              (ii)     that the applicant must pay a fee for the licence (the licence fee ) before the licence can be issued; and

              (iii)     the day the licence fee is due; and

        (b)     allocate a unique number for the licence; and

        (c)     as soon as practicable after the applicant has paid the licence fee—

              (i)     issue the licence; and

              (ii)     tell the applicant the unique number for the licence; and

        (d)     enter details for the licence in the register of waste facility licenses.