Victorian Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 89

    (1)     A natural person may apply to the Authority to be appointed as an accredited consigner under section 245(2) of the Act.

    (2)     An application under subregulation (1) must—

        (a)     be in the form and manner approved by the Authority; and

        (b)     be accompanied by the fee set out in regulation 212.

    (3)     The Authority may require the applicant to provide further information relating to the application that the Authority considers necessary.

    (4)     The Authority may appoint a person as an accredited consigner—

        (a)     in relation to one or more type or class of waste; and

        (b)     subject to regulation 91, for a period of no more than 5 years.

    (5)     The Authority must refuse to appoint the person as an accredited consigner if the Authority—

        (a)     determines that the person is not a fit and proper person to act as an accredited consigner; or

        (b)     the person has not demonstrated in a manner acceptable to the Authority their competency to act as an accredited consigner.

    (6)     For the purposes of subregulation (5)(a), the Authority must have regard to the matters set out in section 66 of the Act.

    (7)     If a person is a prohibited person, the Authority must not determine that the person is a fit and proper person unless the Authority is satisfied that it is not contrary to the public interest to do so.

Note

Prohibited person is defined in section 3(1) of the Act.

    (8)     The Authority must, within 30 business days after receiving an application that complies with subregulation (2), notify the person in writing of its decision—

        (a)     to appoint the person as an accredited consigner; or

(b)     to refuse to appoint the person and the reasons for that decision.

    (9)     The time in which the Authority must deal with the application does not include—

        (a)     if the Authority requires information under subregulation (3), the period from the date the Authority makes the request until the date on which the Authority receives the information; or

        (b)     any period that the Authority and the applicant agree is not to be included in that time.