Commonwealth Numbered Regulations

1996 No. 283 HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) (OECD DECISION) REGULATIONS - REG 34

34. (1) The Minister may revoke a special permit 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)  the Minister becomes aware of information about which, had the
        Minister been aware at the time of granting the permit, or variation
        of the permit, the Minister would not have granted the permit or
        variation; or

   (c)  the permit holder has contravened a condition to which the permit is
        subject.

(2) Before deciding to revoke 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 a variation of the permit under regulation 41,
        rather than revocation of the permit, may be appropriate; and

   (b)  for the matter mentioned in paragraph (c)-the type and seriousness of
        the contravention; and

   (c)  any other relevant matter.

(3) If a special permit authorises:

   (a)  a single import or export of hazardous waste; or

   (b)  the carrying out of a single transit proposal; the Minister may not
        revoke the permit after the import or export has taken place, or after
        the transit proposal has been carried out, as the case requires.

(4) If a special permit authorises:

   (a)  2 or more imports or exports of hazardous waste; or

   (b)  the carrying out of 2 or more transit proposals; a revocation of the
        permit applies only to an import or export, or the carrying out of a
        transit proposal, that has not begun at the time of the revocation.

(5) A revocation takes effect on the day on which the permit holder is given
written notice of the revocation and the reasons for it.