(1) If the CEO is of
the opinion that a waste plan should, but does not, include a matter referred
to in section 40(3), the CEO may, by written notice, require the local
government to modify the waste plan to include that matter.
(2) Before giving a
notice to a local government under subsection (1) the CEO —
(a) must
consult with the local government and have regard to its views; and
(b) if
the local government so requests, must consult with the Waste Authority and
have regard to its views.
(3) A local government
must comply with the notice as soon as is practicable.
(4) If the local
government does not comply with the notice issued under section 40(4) or under
subsection (1), the CEO may serve notice in writing on the local government
—
(a)
specifying the relevant notice and the manner in which the local government
has failed to comply with it; and
(b)
advising the local government that the CEO intends to deal with the matter
under section 42.
(5) A local government
aggrieved by a notice given to the local government under subsection (4) may
apply to the State Administrative Tribunal for a review of the notice.