(1)  If an operator of a landfill facility fails to pay a payable levy amount, or part of a payable levy amount, as required under section 32 , the Secretary may issue a notice in writing requiring the operator to pay the amount or part amount.

(2)  In considering whether the operator of a landfill facility has failed to pay all or part of an amount referred to in subsection (1) , the Secretary is entitled to make presumptions regarding the following matters (subject to the operator establishing the contrary):

(a) the amount of waste received by the landfill facility;

(b) the date on which waste was received by the landfill facility;

(c) the amount of waste removed from the landfill facility for the purposes of resource recovery.

(3)  An operator of a landfill facility to whom a notice is given under subsection (1) must pay the amount specified in the notice within 10 working days.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.