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ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 29

Circumstances in which permit must be refused

    (1)     For the purposes of section 81(4)(c) of the Act, it is a prescribed circumstance if, in the case of an application for a permit that specifies an activity set out in item 26 (A18—Discharge or deposit of waste to aquifer) in the Table in Schedule 1, the discharge or deposit of waste to an aquifer is not for at least one of the following purposes—

        (a)     aquifer recharge;

        (b)     irrigation drainage;

        (c)     stormwater disposal;

        (d)     backfilling of underground mine workings with tailings;

        (e)     mine rehabilitation;

        (f)     in-situ desalination;

        (g)     groundwater tracers;

        (h)     greenhouse gas sequestration operations;

              (i)     remediation of groundwater in an aquifer by injection of water or remediation chemicals.

    (2)     For the purposes of section 81(4)(c) of the Act, it is a prescribed circumstance if, in the case of an application for a permit that specifies an activity set out in item 8 (A05b—Municipal landfills servicing <5000 people) in the Table in Schedule 1, the permit, if issued, would authorise the receipt of any of the following types or classes of waste at a landfill site—

        (a)     liquid waste;

        (b)     pneumatic automotive tyres unless the tyres have been shredded into pieces not exceeding 250 millimetres in size measured in any dimension;

        (c)     wastes prohibited for disposal to landfill by a national environment protection measure;

        (d)     e-waste, other than smoke detectors and e‑waste that is dispersed in negligible quantities in wastes not otherwise prohibited from disposal at a landfill;

        (e)     used oil filters;

        (f)     rigid steel or plastic containers with an original volume equal to or greater than 200 litres contaminated with reportable priority waste (transport).

Note

Section 67 of the Act prevents the Authority from issuing or granting a permission in relation to a landfill site for receiving Category A waste.

    (3)     For the purposes of section 81(4)(c) of the Act, it is a prescribed circumstance if—

        (a)     the application is for a permit that specifies the transporting of non-liquid reportable priority waste (transport) for destruction or disposal; and

        (b)     the Authority is not satisfied that the waste will be destroyed or disposed of at a facility with environmental performance standards that are equal to or better than those of a facility authorised by a permission to destroy or dispose of that type of waste.

    (4)     Subject to subregulation (5), for the purposes of section 81(4)(c) of the Act, it is a prescribed circumstance if, in the case of an application made to the council in whose municipal district the on-site wastewater management system is located 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 applicant has not provided the information required under regulation 26(2)(c).

    (5)     Subregulation (4) does not apply in the case of an application made to the council for a permit that specifies the alteration of an on-site wastewater management system if that system was either—

        (a)     constructed, installed, or partially constructed or installed, before the date this regulation commenced; or

        (b)     constructed or installed in accordance with a permit issued under the Environment Protection Act 1970 after the date this regulation commenced.



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