Victorian Current Acts Victorian Current ActsS. 71(1) substituted by No. 43/2007 s. 36(1).
(1) The Regulator may vary a licence, by notice in writing given to the licence holder—
(a) at any time, on the Regulator's own initiative; or
(b) on application by the licence holder.
S. 71(1A) inserted by No. 43/2007 s. 36(1).
(1A) An application for a variation must be in writing, and must contain—
(a) such information as is prescribed by the regulations (if any); and
(b) such information as is specified in writing by the Regulator.
S. 71(2) amended by No. 43/2007 s. 36(2).
(2) The Regulator must not vary a licence to authorise dealings involving the intentional release of a GMO into the environment if the application for the licence was originally considered under Division 3 of this Part.
Note
Applications can only be considered under Division 3 if none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.
S. 71(2A) inserted by No. 43/2007 s. 36(3).
(2A) The Regulator must not vary a licence if the original application for the licence was an application to which section 50A applied, unless—
(a) the Regulator is satisfied that the principal purpose of the licence as proposed to be varied is to enable the licence holder, and persons covered by the licence, to conduct experiments; and
(b) the application for variation proposes, in relation to any GMO in respect of which dealings are proposed to be authorised as a result of the variation—
(i) controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and
(ii) limits on the proposed release of the GMO; and
(c) the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in section 50(3).
Note
Section 50A applies to an application that proposes controls and limits on the dissemination, persistence and release of the GMO concerned and is for the purpose of conducting experiments.
S. 71(2B) inserted by No. 43/2007 s. 36(3), substituted by No. 43/2016 s. 9.
(2B) If an application has been made for variation of a licence, the Regulator must not vary the licence unless the Regulator is satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by—
(a) the risk assessment and the risk management plan in respect of the original application for the licence; or
(b) the risk assessment and the risk management plan in respect of an application for another licence, but only if that other licence was issued.
(3) Without limiting subsection (1), the Regulator may—
(a) impose licence conditions or additional licence conditions; or
(b) remove or vary licence conditions that were imposed by the Regulator; or
(c) extend or reduce the authority granted by the licence.
S. 71(4) amended by No. 43/2007 s. 36(4).
(4) The Regulator must not vary a licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence as varied are able to be managed in such a way as to protect—
(a) the health and safety of people; and
(b) the environment.
S. 71(5) inserted by No. 43/2007 s. 36(5).
(5) The Regulator must not vary a licence unless any local council that the Regulator considers appropriate has been consulted on the proposed variation.
S. 71(6) inserted by No. 43/2007 s. 36(5).
(6) The Regulator must not vary a licence in the circumstances (if any) prescribed by the regulations.
S. 71(7) inserted by No. 43/2007 s. 36(5).
(7) If an application has been made for variation of a licence, the Regulator must vary the licence, or refuse to vary the licence, within the period (if any) prescribed by the regulations.
S. 71(8) inserted by No. 43/2007 s. 36(5).
(8) For the purposes of subsection (2A)—
"controls "has the same meaning as in section 50A(2);
"limits" has the same meaning as in section 50A(3).