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ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 26

Prescribed matters for applications to councils in relation to on-site wastewater management systems

    (1)     For the purposes of section 50(1)(a)(ii) of the Act, an application to a council for a permit that specifies an activity set out in item 28
(A20—On‑site wastewater management systems) in the Table in Schedule 1 is in the prescribed form and manner if it includes the following—

        (a)     the name, address (postal and email, if any) and telephone number of the applicant;

        (b)     the address at which the activity specified in the application is to be engaged in, if that address differs from the address required under paragraph (a);

        (c)     the name of the owner of the premises at which the activity specified in the application is to be engaged in;

        (d)     the name and contact details of the person undertaking any plumbing works involved in the activity;

        (e)     the name and contact details of the person undertaking the construction, installation or alteration of the on-site wastewater management system.

    (2)     For the purposes of section 50(1)(e) of the Act, in relation to an application to a council for a permit that specifies an activity set out in item 28 (A20—On-site wastewater management systems) in the Table in Schedule 1, the following are prescribed information—

        (a)     detailed plans, specifications and particulars of the proposed construction, installation or alteration of the on-site wastewater management system including the floor plan of the premises at which the activity specified in the application is to be engaged in;

        (b)     details of the proposed use of the on-site wastewater management system;

        (c)     in relation to the construction or installation of an on-site wastewater management system

              (i)     a copy of a certificate, issued by a body accredited under the Joint Accreditation System of Australia and New Zealand (or any other accreditation body approved by the Authority), confirming that the proposed on-site wastewater treatment plant meets the appropriate standard; or

              (ii)     a copy of an exemption granted by the Authority under section 459 of the Act stating that the applicant is exempted from this paragraph;

        (d)     a description of the proposed method of treatment and management of the effluent resulting from the on-site wastewater management system and evidence confirming the system is appropriate for the proposed use;

        (e)     if required by the council, a land capability assessment prepared by a person that the council considers is suitably qualified and to a standard acceptable to the council.

    (3)     For the purposes of section 56(3)(a)(ii) of the Act, an application to a council for the transfer of a permit that specifies an activity set out in item 28 (A20—On-site wastewater management systems) in the Table in Schedule 1 is in the prescribed form and manner if it includes the following—

        (a)     the name, address (postal and email, if any) and telephone number of the applicant;

        (b)     the address at which the permit activity is to be engaged in, if that address differs from the address required under paragraph (a);

        (c)     the name of the owner of the premises at which the permit activity is to be engaged in;

        (d)     the name and contact details of the holder of the permit.

    (4)     For the purposes of section 57(3)(a)(ii) of the Act, an application to a council for an amendment of a permit that specifies an activity set out in item 28 (A20—On-site wastewater management systems) in the Table in Schedule 1 is in the prescribed form and manner if it includes the following—

        (a)     the name, address (postal and email, if any) and telephone number of the applicant;

        (b)     the address at which the permit activity is to be engaged in, if that address differs from the address required under paragraph (a);

        (c)     the name of the owner of the premises at which the permit activity is to be engaged in;

        (d)     details of the proposed amendment to the permit.

    (5)     For the purposes of section 84(3)(a)(ii) of the Act, an application to a council to renew a permit that specifies an activity set out in item 28
(A20—On‑site wastewater management systems) in the Table in Schedule 1 is in the prescribed form and manner if it includes the following—

        (a)     the name, address (postal and email, if any) and telephone number of the applicant;

        (b)     the address at which the permit activity is to be engaged in, if that address differs from the address required under paragraph (a);

        (c)     the name of the owner of the premises at which the permit activity is to be engaged in;

        (d)     the name and contact details of the person undertaking any plumbing works involved in the permit activity;

        (e)     the name and contact details of the person undertaking the construction, installation or alteration of the on-site wastewater management system.

    (6)     For the purposes of section 84(3)(c) of the Act, in the case of an application to a council to renew a permit that specifies an activity set out in item 28 (A20—On-site wastewater management systems) in the Table in Schedule 1, details of any change to the information provided in the application for the permit under subregulation (2) are prescribed information.



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