Financial assurance, CEO may require from licensee with r. 23(1)(b) exemption
24 Financial assurance, CEO may require from licensee with r. 23(1)(b) exemption
In this regulation —
licensee does not include a licensee who is a local government.
If a licensee is granted an exemption for waste referred to in regulation 23(1)(b), the Chief Executive Officer may require the licensee to provide a financial assurance to the Chief Executive Officer of an amount specified by the Chief Executive Officer that does not exceed the amount of levy that would otherwise be payable in respect of the waste.
The licensee is to provide the financial assurance —
not later than 2 weeks after the licensee is notified by the Chief Executive Officer that the financial assurance is required; and
in an approved form,
and is to maintain the financial assurance in accordance with any requirements of the Chief Executive Officer of which the licensee has been given written notice.
If the financial assurance is not provided and maintained in accordance with subregulation (3) —
the exemption ceases to have effect; and
the amount of levy that would have been payable in respect of the waste if the exemption had not been granted becomes due and payable.
The Chief Executive Officer may call on or use the financial assurance and pay the moneys into the Fund if —
the waste in respect of which the financial assurance is paid has not been recycled, or otherwise removed from the licensed landfill in an approved manner, within the exemption period; and
the levy in respect of the waste is not paid as required under regulation 23(6).
If —
waste referred to in regulation 23(1)(b) for which an exemption is granted is recycled or otherwise removed from the licensed landfill within the exemption period; or
the levy is paid in respect of the waste,
the financial assurance in respect of the waste may be terminated by the licensee.
[Regulation 24 inserted: Gazette 26 Jun 1998 p. 3371‑2; amended: Gazette 29 Sep 2006 p. 4262.]
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