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No disposal facility to be constructed, etc., without licence

Environmental Public Health Act 1987

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Proposed text

—(1) A person must not construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Director‑General under this section.(2) The Director‑General may grant a licence authorising any person to construct, establish, maintain or operate any disposal facility.(3) A licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.(4) Except as otherwise prescribed under section 99(9), the Director‑General may require any waste disposal licensee to render a payment on the grant of a licence under this section or such periodic payments during the currency of the licence or both of such amount or amounts as the Director‑General may determine by or under the licence.(5) Without limiting section 99(1), conditions attached to a licence granted under this section may include —(a)a condition requiring the licensee to comply with any standard of service and level of performance that the Director‑General may specify;(b)the right of the Director‑General in the public interest to make modifications to any condition of the licence or add new conditions during the period to which the licence relates;(c)a condition regulating the charge to be levied by the licensee for the provision of the waste disposal facility; and(d)a condition requiring the licensee not to accept any waste which in the opinion of the Director‑General is not suitable for disposal.(6) The Director-General may by written notice require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility.(7) Any person using, working or operating a disposal facility must use, work or operate the disposal facility in any manner that the Director‑General may require.(8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.(9) If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it is presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.

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