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34 Revoking special permits—grounds

(1) The Minister may, in writing, decide to revoke a special 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 holder 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 the 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 permit would not be granted if the Minister were now asked to grant it; or (d) after considering information that was not considered when granting the permit, the revocation is necessary to prevent or lessen a threat of serious harm to human health or the environment.

Note 1: For the requirement to provide an auditor with assistance that is reasonably necessary for the conduct of an audit, see section 54 of the Act.

Note 2: 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 of the Act, a notification given under subsection 33G(1) of the Act, or other prescribed operations: see section 50 of the Act.

(2) However, a revocation of a special permit only applies to an import, export or the carrying out of a transit proposal authorised by the permit if the import, export or the carrying out of the transit proposal has yet to begin.

Note 1: This subregulation means that a special permit that authorises 2 or more imports or exports of hazardous waste, or the carrying out of 2 or more transit proposals, only applies to an import or export, or the carrying out of a transit proposal, that has not begun at the time of the revocation.

Note 2: This subregulation also means a special permit cannot be revoked if it only authorises a single import or export that has already begun or the carrying out of a single transit proposal that has already begun.