Waste Reduction and Recycling Act 2011

The operator of a levyable waste disposal site may apply to the chief executive to enter into a waste levy instalment agreement for a waste levy amount the operator must pay the State.

The application must be in the approved form and be accompanied by—

a description of the operator’s financial situation that caused the operator’s inability to pay the waste levy amount by the due date for payment and how the financial situation came about; and

up-to-date management and financial records to verify the information given under paragraph (a).

The chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and—

if the decision is to grant the application—give the operator a notice stating—

the terms of the waste levy instalment agreement; and

the period within which all waste levy amounts must be paid under the waste levy instalment agreement; or

if the decision is to refuse the application—give the operator an information notice for the decision.

The chief executive may grant the application only if satisfied the applicant has demonstrated—

an inability to pay the waste levy amount within the time required under this chapter; and

how entering into the waste levy instalment agreement will allow the applicant to pay the waste levy amount while at the same time allowing the applicant to pay future waste levy amounts.

However—

there may be only 1 waste levy instalment agreement in force between the operator of a levyable waste disposal site and the chief executive at any time; and

only 1 waste levy instalment agreement may be entered into between the operator of a levyable waste disposal site and the chief executive in a financial year; and

the period within which all waste levy amounts must be paid under the waste levy instalment agreement must not be longer than 6 months after the agreement is entered into.

A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.