69—Approval of collection depots and super collectors
(1) A person must
not—
(a)
operate a collection depot; or
(b)
carry on business as a super collector,
without the approval of the Authority.
Maximum penalty:
(a) in
the case of a body corporate—$60 000;
(b) in
the case of a natural person—$30 000.
(2) An application for
an approval under this section—
(a) must
be made in a manner and form determined by the Authority; and
(b) must
be accompanied by the prescribed fee; and
(c)
must, on request by the Authority, be accompanied by additional information to
enable the Authority to determine the application.
(3) The Authority may,
in determining—
(a) an
application for an approval under this section; or
(b) what
should be the conditions of such an approval,
have regard to the need for a sustainable waste management system for
containers and, in particular, for that purpose, the need for—
(c)
ongoing, effective and appropriate waste management arrangements in relation
to the classes of containers proposed to be handled under the approval; and
(d)
effective processes for resolving disputes between the parties to those
arrangements.
(4) An approval under
this section may be granted unconditionally or subject to conditions and must
be notified (together with any conditions) in the Gazette.
(5) If the Authority
refuses an application for an approval under this section, the Authority must
give the applicant written notice of the refusal and the reasons for the
refusal.
(6) The Authority may,
on its own initiative or on application, by notice in the Gazette, vary an
approval under this section or impose, vary or revoke a condition of an
approval.
(7) The Authority may,
by notice in the Gazette, revoke an approval under this section if satisfied
that a condition of the approval has been contravened.
(8) Before
the Authority acts on its own initiative under subsection (6) or acts
under subsection (7), the Authority must—
(a)
notify the holder of the approval in writing of its proposed action specifying
reasons for the proposed action; and
(b)
allow the holder of the approval at least 14 days within which to
make submissions to the Authority in relation to the proposed action.
(9) A notice under
this section has effect from the date of publication of the notice in the
Gazette or a future date specified in the notice.