Waste Reduction and Recycling Act 2011

The chief executive may amend or suspend the declaration of a resource recovery area by the operator of a waste disposal site if the chief executive is satisfied that—

1 or more of the matters mentioned in section 72R(a) to (e) do not, or no longer, apply in relation to the resource recovery area; or

conducting a recycling activity in the resource recovery area would prejudice the investigation of the commission, or possible commission, of an offence against a provision of division 2.

If the chief executive proposes to amend or suspend the declaration of the resource recovery area (the proposed action), the chief executive must first give the operator a notice (a show cause notice) about the proposed action.

The show cause notice must state each of the following matters—

the proposed action;

if the proposed action is an amendment—the proposed amendment;

if the proposed action is suspension—the period of the proposed suspension;

the reasons for the proposed action;

that the operator may, within a stated period (the show cause period)—

make a written submission to the chief executive about why the proposed action should not be taken; or

take stated actions, if any, to avoid the taking of the proposed action.

The show cause period must not end earlier than 21 days after the operator is given the show cause notice.

Within 20 business days after the end of the show cause period, the chief executive must decide whether or not to take the proposed action having regard to—

any written submissions made by the operator during the show cause period; and

the extent to which the operator has taken any actions mentioned in subsection (3)(e)(ii).

The chief executive may decide to—

if the proposed action was to make a stated amendment—make the stated amendment; or

if the proposed action was to suspend the declaration for a stated period—suspend the declaration for no longer than the stated period.

The chief executive must, within 10 business days after making the decision, give the operator—

if the chief executive decides to take the proposed action—an information notice for the decision; or

if the chief executive decides not to take the proposed action—a notice about the decision.

A decision to take the proposed action takes effect on the later of the following days—

the day the information notice is given to the operator;

if the information notice states a day on which the proposed action takes effect—the stated day.

If the declaration of the resource recovery area is suspended under this section, then, for the period of the suspension—

the area is taken to be part of the levyable waste disposal site; and

all waste, other than exempt waste, delivered to the area during the period is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site.