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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 10

ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 10

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

        (1)         Subject to this regulation, the CEO 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 transportation, storage or disposal of a controlled waste; or

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

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

            (d)         the holder’s interstate licence has been cancelled, revoked, withdrawn or suspended or a renewal of that licence has been refused.

        (2A)         Without limiting subregulation (1), if the CEO has reasonable grounds to suspect that the holder of a licence, or if the holder of the licence is a body corporate, an individual concerned with the control and management of the body corporate, is not of good character and repute and fit to be involved in the business in respect of which the licence is held, the CEO may cancel, suspend for a fixed period, or refuse to renew the licence.

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

        (3A)         Without limiting regulation 37(2), if a carrier does not pay the fee payable under regulation 37(1) for a controlled waste tracking number within the time specified by the CEO, the CEO may suspend the carrier’s licence until the fee is paid.

        (3)         Unless otherwise provided in these regulations, if the CEO proposes to cancel, suspend or refuse to renew a licence, the CEO 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 CEO concerning the matter, and the CEO is not to determine the matter without considering any representations received within that period of 14 days.

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

        [Regulation 10 amended: Gazette 1 Aug 2014 p. 2792-3.]