Western Australian Consolidated Regulations

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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 5

5 .         Licensing

        (1)         Subject to subregulation (2) and regulations 12 and  18, the CEO is to grant an application made under regulation 4 and issue a licence to the applicant.

        (2)         The CEO may refuse an application made under regulation 4 if — 

            (a)         the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, has been convicted of an offence against the Act, these regulations or any other offence that relates to the transportation, storage or disposal of a controlled waste;

            (b)         the CEO has reasonable grounds to suspect that the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, is not of good character and repute and fit to be involved in the business in respect of which the application is made;

            (c)         the applicant’s licence is suspended;

            (d)         the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, has previously been licensed under these regulations and that licence has been cancelled or refused renewal;

            (e)         the applicant has been refused a licence or a renewal of a licence under a corresponding law or the applicant’s licence under a corresponding law has been cancelled, revoked or withdrawn;

            (f)         the CEO has reasonable grounds to suspect that the application contains or is accompanied by information that is false or misleading to a significant extent; or

            (g)         the applicant is already the holder of a licence, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, is already the holder of a licence or is concerned with the control and management of a body corporate that is already the holder of a licence.

        (3)         If the CEO has not determined an application made under regulation 4 by the end of the period of 30 days —

            (a)         beginning on the day on which the application was made to the CEO; or

            (b)         beginning on the day on which information required to be provided under regulation 4(2) is received by the CEO,

                whichever is the later, he or she is taken to have made a decision to refuse the application on the last day of that period.



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