(1) In this
regulation —
local government report , in relation to an
application for an approval under this regulation, means a report of the
relevant local government setting out recommendations as to —
(a)
whether or not the approval should be granted; and
(b) if
an approval is recommended, the conditions, if any, to which the approval
should be subject.
(2) For the purposes
of section 107(2)(b) of the Act, an apparatus is to be approved by the
Chief Health Officer if it is intended to serve a building that —
(a) is
not a single dwelling; and
(b)
produces more than 540 litres of sewage per day.
(3) A person may apply
for an approval under this regulation by —
(a)
completing an application in a form approved by the Chief Health Officer; and
(b)
forwarding the application to the Chief Health Officer together
with —
(i)
any documents required under regulation 5; and
(ii)
the relevant fee specified in item 2 of Schedule 1;
and
(iii)
except where subregulation (4) applies, a local
government report in relation to the application.
(4) Where —
(a) a
person makes a request to the relevant local government for it to provide a
local government report in relation to an application for an approval under
this regulation; and
(b) the
local government does not provide the report to the person within 28 days
of the request,
the person may make an
application under subregulation (3) without forwarding to the Chief
Health Officer a local government report.
(5) Upon an
application under subregulation (3), the Chief Health Officer shall, as
soon as practicable after receiving the application and after considering any
local government report —
(a)
subject to these regulations, grant the approval —
(i)
in a form approved by the Chief Health Officer; and
(ii)
subject to such conditions as the Chief Health Officer
thinks fit;
or
(b)
refuse to grant the approval.
(5a) Any conditions
imposed on the grant of an approval that relate to drainage plumbing work must
not be inconsistent with the plumbing standards.
(6) The Chief Health
Officer may grant an approval under this regulation only if, under the
application, the apparatus is to be constructed and installed in accordance
with these regulations.
(7) Where the Chief
Health Officer refuses to grant an approval under this regulation, the Chief
Health Officer shall, as soon as practicable, provide to the person applying
for the approval a written notice —
(a)
advising the person of the refusal; and
(b)
setting out the reasons for the refusal.
[Regulation 4A inserted: Gazette
29 Jul 1997 p. 4068‑9; amended: Gazette
28 Jun 2004 p. 2394; 10 Jan 2017
p. 287‑9.]