Commonwealth Numbered Regulations

1996 No. 283 HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) (OECD DECISION) REGULATIONS - REG 41

41. (1) Without the need for an application under regulation 36, the Minister
may vary a special permit by giving written notice of the variation to the
permit holder.

(2) A permit may be varied:

   (a)  by imposing a condition to which the permit is subject; or

   (b)  by varying or revoking a condition; or

   (c)  if a condition is to be complied with on or before a particular day-by
        varying the day.

(3) However, the Minister may vary a permit only if:

   (a)  the Minister becomes aware that:

        (i)    information set out in, or given with, the application for the
               permit, a notice of variation of the application, or an
               application for variation of the permit, is false or misleading
               in a material detail; or

        (ii)   the applicant for the permit, or variation of the permit, did
               not disclose information that ought reasonably to have been
               disclosed; or

   (b)  having regard to information that was not considered before granting
        the permit or variation of the permit, the Minister is satisfied that
        the variation is required to protect human beings or the environment
        from a significant risk of injury or damage.

(4) Before deciding to vary a permit, the Minister must consider:

   (a)  for the matters mentioned in paragraph (a)-having regard to the
        seriousness of the false or misleading information or failure to
        disclose, whether revocation, rather than variation, of the permit may
        be appropriate; and

   (b)  any other relevant matter.

(5) If the Minister varies a special permit under this regulation, the
Minister must set out in the notice given to the permit holder the reasons for
the variation.

(6) Regulation 33 applies to the imposition or variation of a condition under
this regulation as if it were imposed at the time of granting the permit.

(7) A variation under this regulation takes effect:

   (a)  if a day is set out in the written notice given to the permit
        holder-on that day; or

   (b)  if no day is set out-on the day after the day on which the notice is
        given.