26HVarying Basel permits on Minister’s initiative—grounds

#### 26H Varying Basel permits on Minister’s initiative—grounds The Minister may, in writing, decide to vary a Basel permit if the Minister is satisfied that: (a) the holder of the permit: (i) gave the Minister false, misleading or incomplete information; and (ii) when doing so, failed to give the Minister an explanation for doing so, or failed to give the Minister the correct or complete information if the person was reasonably able to have done so; or (b) the holder of the permit: (i) is failing, or has failed, to comply with a condition to which the permit is subject; or (ii) is failing, or has failed, to comply with a provision of this Act relating to the permit; or (iii) is failing, or has failed after the granting of the permit, to provide or to arrange to provide an auditor with assistance that is reasonably necessary for the conduct of an audit; or (c) after considering information that was not considered when granting the permit, the variation is necessary to prevent or lessen a threat of serious harm to human health or the environment; or (d) a ground prescribed by the regulations for the purposes of this paragraph is satisfied for the holder and the permit. > Note 1: Examples of a variation include imposing a condition on the permit, or varying or revoking a permit condition. > Note 2: For the requirement to provide an auditor with assistance that is reasonably necessary for the conduct of an audit, see section 54. > Note 3: The audit need not relate to the permit. Assistance may be requested in relation to any audit of operations covered by a permit, an order under Part 3, a notification given under subsection 33G(1), or other prescribed operations: see section 50.