Waste Reduction and Recycling Act 2011

The chief executive may cancel or amend an approval of a discounted rate for the waste levy for residue waste if the chief executive considers there are reasonable grounds to cancel or amend it.

Without limiting subsection (1), the grounds for cancelling or amending the approval may include—

that the chief executive is satisfied there is a reasonable suspicion that the holder of the approval has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and

that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and

that the circumstances relevant to the granting of the approval have changed; and

that the conditions of the approval have not been complied with; and

that it is desirable to cancel or amend the approval having regard to the objects of this Act.

Before cancelling or amending the approval (the proposed action) the chief executive must give the holder of the approval a notice stating the following—

the proposed action;

the grounds for taking the proposed action;

the facts and circumstances that form the basis for the grounds;

when the proposed action is intended to take effect;

that the holder of the approval may make, within a stated period, written submissions to show why the proposed action should not be taken.

The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.

The chief executive must consider all submissions made under subsection (3)(e) within the stated period.

If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.

The decision takes effect when the holder is given the information notice.