Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 34

    (1)     The waste manager must, not later than 30 days after the day the waste manager receives an application under section 31 (Application to be registered)—

        (a)     approve the application subject to a condition prescribed by regulation; or

        (b)     refuse the application.

Note 1     A fee may be determined under s 126 for an application.

Note 2     Failure to approve an application is taken to be a decision refusing 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, 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).

    (3)     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.

    (4)     If the waste manager approves the application the waste manager must—

        (a)     as soon as practicable after deciding the application, tell the applicant—

              (i)     that the application is approved; and

              (ii)     that the applicant must pay a fee for the registration (the registration fee ) before the applicant's details can be entered in the register; and

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

        (b)     as soon as practicable after the applicant has paid the registration fee—

              (i)     enter the applicant's details in the register of waste transporters; and

              (ii)     allocate a unique registration number (a registration number ) for the registered person; and

              (iii)     tell the registered person, in writing, that the person has been registered and the person's registration number.

Note     A fee may be determined under s 126 for registration.