Western Australian Repealed Regulations

This legislation has been repealed.

ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2001 - REG 11

11 .         Cancellation or suspension of, refusal to renew, licence

        (1)         Subject to this regulation, the Chief Executive Officer may cancel, suspend for a fixed period, or refuse to renew a licence if — 

            (a)         the holder has been convicted of an offence against the Act, these regulations, or any other offence that relates to the collection, transportation, storage, or disposal of a controlled waste;

            (b)         there has been a breach of a condition to which the licence is subject;

            (c)         the Chief Executive Officer has reasonable grounds to suspect that the licence was obtained by fraud or misrepresentation; or

            (d)         the holder's licence or registration under a corresponding law has been cancelled, revoked, withdrawn, or suspended or a renewal of that licence or registration has been refused.

        (2)         If the holder of a licence is charged with an offence under the Act or a corresponding law relating to the collection, transportation, storage, or disposal of a controlled waste or an offence under these regulations, the Chief Executive Officer may suspend the licence until the charge in respect of the offence has been finally dealt with or determined according to law.

        (3)         Unless otherwise provided in these regulations, if the Chief Executive Officer proposes to cancel, suspend, or refuse to renew a licence, the Chief Executive Officer is to give to the holder of the licence written notice of the proposal and the reasons for the proposal.

        (4)         A notice given under subregulation (3) is to state that within 14 days after the notice is given, the person to whom it is given may make written representations to the Chief Executive Officer concerning the matter, and the Chief Executive Officer is not to determine the matter without considering any representations received within that period of 14 days.

        (5)         If the Chief Executive Officer cancels, suspends, or refuses to renew, a licence, the Chief Executive Officer is to give to the holder of the licence written notice of the cancellation, suspension, or refusal to renew.