50Variation of permits

50 Variation of permits

(1)  The Secretary may vary a shot-firing permit at any time by –

(a) adding new conditions; or

(b) varying or removing existing conditions.

(2)  The variation may be effected –

(a) consequent on an application made by the holder of the permit in accordance with regulation 112 ; or

(b) on the Secretary's own initiative, for reasonable cause, after consulting the holder of the permit.

(3)  Without limiting what may be relevant for subregulation (2)(b) , the Secretary may have regard to the scope, rigorousness and practicality of the existing permit conditions by reference to such things as –

(a) developments in shot-firing technology or practice; and

(b) the field experiences of any shot-firers; and

(c) changes in the law, or in any relevant code or standard, having implications for shot-firing; and

(d) changes in the State's security environment having implications for shot-firing; and

(e) changes in the scope or nature of any relevant category of shot-firing; and

(f) workplace safety issues; and

(g) permit compliance issues; and

(h) matters raised by councils, industry or explosives manufacturers.

(4)  If a person applies for a variation under subregulation (2)(a) and the application is refused, the Secretary is to notify the applicant of –

(a) the refusal; and

(b) the reason for the refusal; and

(c) the right of review.

(5)  If a person applies for a variation under subregulation (2)(a) and the application is approved, the Secretary is to notify the applicant of the approval, the variation and when the variation is to take effect.