Recycling and Waste Reduction Act 2020

The holder of an export licence may apply to the CEO:

to vary the conditions of the licence (including by imposing new conditions); or

to vary the licence in relation to any of the following matters (including by adding or removing any of those matters):

kinds of regulated waste material;

kinds of export operations;

if applicable, places to which regulated waste material may be exported; or

if the licence is expressed to remain in force until a specified event occurs—to vary the licence by varying the specified event (which must not occur more than 3 years after the day the licence took effect); or

if there is an expiry date for the licence (whether under paragraph 37(4)(a) or (b))—to vary the licence by setting a different expiry date for the licence (which must not be more than 3 years after the day the licence took effect); or

to vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or

to vary any other aspect of the licence.

See sections 172, 173 and 174 for additional matters relating to applications.

An application cannot be made for a variation that would extend the period in which the licence is in force beyond 3 years from the day the licence took effect.

If the CEO receives an application to make a variation, the CEO must decide:

to make the variation; or

to refuse to make the variation.

See section 174 for matters relating to dealing with applications.

A decision to refuse the application is a reviewable decision (see section 151) and the CEO must give the applicant written notice of the decision (see section 152).

In deciding whether to make a variation, the CEO must have regard to the following matters:

the objects of this Act;

whether all relevant Commonwealth liabilities of the applicant have been paid;

if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances;

whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if varied, would be subject;

any other matters prescribed by the rules.

For the purposes of paragraph (b), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181).

Despite subsection (4), the CEO need not have regard to those matters if the application is for a variation:

to set an earlier expiry date for the licence; or

to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or

of a kind prescribed by the rules.

In deciding whether to make a variation, the CEO may have regard to any other matter that the CEO considers relevant.