In forceAmended2020 Revised Edition

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Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3A · Waste Management

31A. Special administration order, etc., made on application by Agency

Amended

Last amended by an amending law of 2018. 2 amendments in all.

(1)

If, on an application made to the Minister by the Agency, the Minister is satisfied, in relation to any public waste collector licensee, that any one or more of the grounds specified in subsection (2) is satisfied, the Minister may make any one or more of the following orders:

(a)

a special administration order in relation to that public waste collector licensee;

(b)

an order requiring the public waste collector licensee immediately to take action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its licence relates as the Minister may consider necessary;

(c)

an order appointing a person to advise the public waste collector licensee on the proper conduct of that part of its business or undertaking to which its licence relates.

(2)

The grounds mentioned in subsection (1) are —

(a)

there has been, is or is likely to be, a contravention by the public waste collector licensee of the conditions of its licence that is serious enough to make it inappropriate for the public waste collector licensee to continue to be designated a public waste collector licensee;

(b)

the public waste collector licensee is or is likely to be unable to pay its debts;

(c)

a public emergency has occurred;

(d)

the Minister considers it in the interest of the security and reliability of waste collection and removal services to the public; or

(e)

the Minister otherwise considers it in the public interest.

(3)

The Agency must immediately give notice of any application under subsection (1) to such persons and in such manner as the Agency may determine.

(4)

Any order made by the Minister under subsection (1) must be published in a manner that will secure adequate publicity.

(5)

Any decision of the Minister under subsection (1) is final.

(6)

For the purposes of this section, in the case of a public waste collector licensee which is a company, the public waste collector licensee is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.