Waste Management and Resource Recovery Act 2016

The waste manager must, not later than 56 days after the day the waste manager receives an application under section 19—

approve the application; or

refuse the application.

Note 1 Failure to approve an application within the required time is taken to be a decision not to approve the application (see ACT Civil and Administrative Tribunal Act 2008, s 12).

Note 2 A decision under this section is a reviewable decision (see s 120).

However, before approving an application for a licence, the waste manager must consult an entity, prescribed by regulation.

Note Power to make a regulation includes power to make different provision in relation to different matters or different classes of matters, and to make a regulation that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Also, the waste manager—

may approve the application only if satisfied that the applicant complies, and is likely to continue to comply, with the requirements of this Act; and

may refuse the application if—

the application is materially false or misleading; or

the applicant has, within 2 years before the application was made, committed an offence under this Act or a corresponding law of a State.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

If the waste manager refuses the application, the waste manager must as soon as practicable tell the applicant, in writing, the reason for the refusal.

Note For how documents may be served, see the Legislation Act, pt 19.5.

If the waste manager approves the application the waste manager must, as soon as practicable after deciding the application—

tell the applicant—

that the application is approved; and

that the applicant must pay a fee for the licence (the licence fee) before the licence can be issued; and

the day the licence fee is due; and

allocate a unique number for the licence; and

as soon as practicable after the applicant has paid the licence fee—

issue the licence; and

tell the applicant the unique number for the licence; and

enter details for the licence in the register of waste facility licenses.