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reg 19

Authority may decrease allocated cap amount

In force
Part 4Amendment, suspension, revocation and transfer of waste to energy licences

19 Authority may decrease allocated cap amount

Reg. 19(1) amended by S.R. No. 93/2026 reg. 14(2).

(1)

For the purposes of section 74ZC(2)(a) of the Act, the Authority must notify the holder of the licence of the proposed decrease in writing.

(2)

For the purposes of section 74ZC(3)(a) of the Act, the prescribed information to be contained in an application under section 74ZC(1)(b) of the Act is—

(a)

the applicant's name, address and photographic proof of identity; and

Examples

Examples of photographic proof of identity include a valid driver's licence or passport.

(b)

if the applicant is not a natural person—

(i)

any Australian Company Number or Australian Business Number; and

(ii)

the address of the business, company or entity; and

(iii)

the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity; and

(c)

a statement setting out the proposed decrease to the allocated cap amount specified in the cap licence and why it is being sought; and

(d)

a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(3)

For the purposes of section 74ZC(3)(b) of the Act, an application under section 74ZC(1)(b) of the Act must be in writing.

(4)

For the purposes of section 74ZC(5)(a) of the Act, the prescribed matters are—

(a)

information provided in the application to decrease the allocated cap amount; and

(b)

whether the applicant has made a previous application to decrease the allocated cap amount and, if the application was determined, the details of the determination and decrease made, if any.

Reg. 19(5) amended by S.R. No. 93/2026 reg. 14(3).

(5)

For the purposes of section 74ZC(5)(c) of the Act, the Authority, by written notice, may request any further information in relation to the matters specified in subregulation (2) if the Authority considers that the information is necessary to enable the Authority to determine whether to decrease the allocated cap amount specified in the cap licence.

(6)

A notice under subregulation (5) must specify—

(a)

the information required to be provided; and

Reg. 19(6)(b) amended by S.R. No. 93/2026 reg. 14(4).

(b)

the date by which the information must be provided to the Authority.

Sch. 1 inserted by S.R. No. 138/2024 reg. 12.

Schedule 1—Critical waste infrastructure projects

Regulation 10C(1)(c)

Column 1

Column 2

Column 3

Item

Critical waste infrastructure project

Critical need

1

The project procured by South East Metropolitan Advanced Waste Processing Pty Ltd ACN 654 660 438 that is known by the name "South East Metropolitan Advanced Waste Processing project" or by any subsequent name

Additional processing of waste due to closure of the Hampton Park Landfill

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