Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) An existing validated approval continues in force on and after the commencement day subject to the following conditions:
(a) in relation to each approval – the conditions stated in the approval under former section 24(3);
(b) in relation to a supply approval – the conditions mentioned in section 24A(1);
(c) in relation to a collection approval – the condition mentioned in section 24B ;
(d) if a related WMA is also an appropriate WMA – the condition mentioned in amended section 24(b), in relation to the appropriate WMA, as if a reference in that paragraph to an approved waste management arrangement were a reference to an appropriate WMA;
(e) if a related WMA that is also an appropriate WMA ceases to meet the criteria for approval mentioned in section 23A(1)(a) to (d) as a result of the granting of a replacement approval to a CDS participant who is a party to the related WMA – the condition that the holder of the approval must, after being given a notice under section 98(2), enter into one or more appropriate WMAs to enable the holder to apply for a replacement approval as requested in the notice;
(f) if no related WMA is an appropriate WMA – the condition that the holder of the approval must, after being given a notice under section 98(2), enter into one or more appropriate WMAs to enable the holder to apply for a replacement approval as requested in the notice.
Example for subsection (1)(e)
A related WMA that is an operator arrangement may cease to meet the criteria for approval because a replacement coordinator approval contains provisions that have the effect of requiring the CDS coordinator who is a party to the operator arrangement to make arrangements with the holder of the existing validated collection approval for the sorting of empty approved containers by reference to material type.
(2) If an existing validated approval has more than one related WMA and not all of those WMAs are appropriate WMAs, the NT EPA may give the holder of the approval a notice requiring the holder to submit one or more waste management arrangements, within the period specified in the notice, to enable the NT EPA to decide whether or not to approve the arrangements under section 23A to replace the related WMAs.
(3) The NT EPA may extend the period specified in a notice given under subsection (2), by a further period not exceeding the duration of the original period, if:
(a) the holder of the existing validated approval applies to the NT EPA in writing for the extension before the end of the original period; and
(b) the NT EPA is satisfied it is reasonable in the circumstances to extend the period.
(4) If the holder of an existing validated approval does not comply with a notice given to the holder under subsection (2) within the period it specifies, or as extended under subsection (3):
(a) the NT EPA may take action under Part 2, Division 6, Subdivision 3 on the ground that the holder has contravened the requirement of the NT EPA; and
(b) if the NT EPA takes that action – a reference in section 37(a) to a provision of this Act is taken to be a reference to a requirement of the NT EPA under subsection (2).
(5) A related WMA continues to apply on and after the commencement day according to its provisions as in force on the commencement day, as follows:
(a) in relation to an appropriate WMA mentioned in subsection (1)(d) – until the earliest of the following:
(i) the day on which the appropriate WMA is varied or replaced by an approved waste management arrangement as a result of compliance with the condition imposed by subsection (1)(d);
(ii) the day on which the existing validated approval ceases to be in force;
(b) in relation to a related WMA mentioned in subsection (1)(e) or (f) – until the existing validated approval is cancelled under section 100;
(c) in relation to a related WMA the subject of a notice given under subsection (2) – until the earliest of the following:
(i) the day on which the related WMA is replaced by an approved waste management arrangement;
(ii) the day on which the existing validated approval ceases to be in force (which may be as a result of cancellation by the NT EPA following action taken under Part 2, Division 6, Subdivision 3).
(6) This section does not prevent the holder of a CDS approval granted under the former Act from applying to the NT EPA for the cancellation of the approval because the holder has ceased to be a CDS participant.