Commonwealth Numbered Regulations

1996 No. 283 HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) (OECD DECISION) REGULATIONS - REG 40

40. (1) If the holder of a special export permit applies to vary the
permit and, within the period mentioned in subregulation 39 (1) ("the decision
period"):

   (a)  the competent authority of the importing country has neither consented
        nor objected to the proposed variation; or

   (b)  if it is proposed to transport the hazardous waste through 1 or more
        other OECD countries-the competent authorities of those countries have
        neither consented nor objected to the proposed variation; the period
        within which a decision must be made is extended until the end of 5
        days after the Ministerial receipt day.

(2) For the meaning of "Ministerial receipt day" see subregulation 15 (2).

(3) If the Minister thinks that a decision on an application to vary a
special permit cannot be made within the decision period (including, for a
special export permit, that period as extended under subregulation (1)), the
Minister may extend the period by not more than 60 days.

(4) As soon as practicable after extending the decision period, the Minister
must give written notice of that decision to the applicant and:

   (a)  if the decision relates to a special export permit-the competent 
        authority of the importing country; or

   (b)  if the decision relates to a special import permit-the competent 
        authority of the exporting country; or

   (c)  if the decision relates to a special transit permit-the
        competent authority of the OECD country from which the hazardous waste
        concerned is to be exported.

(5) If, before the end of the decision period, or that period as extended
under subregulation (3):

   (a)  action is begun under the Environment Protection (Impact of 
        Proposals) Act 1974 in relation to a varied import proposal or varied
        export proposal; and

   (b)  the procedures required by that Act because of that action have not
        been completed; the Minister must vary the permit or refuse to do so
        within 5 days after the completion of those procedures. [Note: See
        section 6 of the Act as to when action is begun under the
        Environment Protection (Impact of Proposals) Act 1974 in relation to a
        proposal, and when procedures under that Act are completed.]

(6) Before the end of the 5 day period, the Minister may agree with the
applicant, in writing, to extend that period.

(7) If the Minister has not varied the permit or refused to so by the end of
the day by which the Minister is required by regulation 39 or this regulation
to have done so, the Minister is taken to have:

   (a)  for an application to vary a special import permit or special 
        transit permit relating to amber list hazardous waste-varied the
        permit; or

   (b)  in any other case-refused to vary the permit.

(8) A variation under paragraph (7) (a) takes effect on the day after the day
mentioned in that subregulation.