(1) This section applies if, after considering a submission under section 45 (2) received from a person, the waste manager is satisfied on reasonable grounds that regulatory action against the person—
(a) may not be taken; or
(b) may be taken, but that in all the circumstances it is not appropriate to take the action.
(2) The waste manager must give the person written notice telling the person that regulatory action will not be taken against the person in relation to the matters raised in the show cause notice.