Australian Capital Territory Numbered Acts

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WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 46

Taking regulatory action

    (1)     This section applies if the waste manager—

        (a)     has considered a submission mentioned in section 45 (2) received from a person; and

        (b)     is satisfied on reasonable grounds that it is appropriate, in all the circumstances, to take the regulatory action.

    (2)     The waste manager may—

        (a)     if the proposed regulatory action is imposing or amending a condition on a licence, or on a registration—impose or amend the condition; or

        (b)     if the proposed regulatory action is suspending a licence or a registration—take any of the following action:

              (i)     the action mentioned in paragraph (a);

              (ii)     suspend the licence or registration for a period; or

        (c)     if the proposed regulatory action is disqualifying a person from applying for a further licence or further registration—take any of the following action:

              (i)     the action mentioned in paragraph (b);

              (ii)     disqualify the person from applying for a further licence or further registration for a period; or

        (d)     if the proposed regulatory action is cancelling a licence or a registration—take any of the following action:

              (i)     the action mentioned in paragraph (c);

              (ii)     cancel the licence or registration.

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

    (3)     Before taking regulatory action against a person under this section the waste manager must tell the person, by written notice (a notice of regulatory action )—

        (a)     the regulatory action that will be taken; and

        (b)     the day on which the regulatory action takes effect (the day of effect ).

    (4)     Regulatory action takes effect against a person on the day of effect.

    (5)     In this section:

"proposed regulatory action", in relation to a person, means regulatory action mentioned in a show cause notice given to the person under section 45 (1).



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