42Application by holder to vary export licence

#### 42 Application by holder to vary export licence (1) The holder of an export licence may apply to the Minister: (a) to vary the conditions of the licence (including by imposing new conditions); or (b) to vary the licence in relation to any of the following matters (including by adding or removing any of those matters): (i) kinds of regulated waste material; (ii) kinds of export operations; (iii) if applicable, places to which regulated waste material may be exported; or (c) 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 (d) 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 (e) 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 (f) to vary any other aspect of the licence. > Note: See sections 172, 173 and 174 for additional matters relating to applications. (2) 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. (3) If the Minister receives an application to make a variation, the Minister must decide: (a) to make the variation; or (b) to refuse to make the variation. > Note 1: See section 174 for matters relating to dealing with applications. > Note 2: A decision to refuse the application is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152). (4) In deciding whether to make a variation, the Minister must have regard to the following matters: (a) the objects of this Act; (b) whether all relevant Commonwealth liabilities of the applicant have been paid; (c) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances; (d) 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; (e) any other matters prescribed by the rules. > Note: 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). (5) Despite subsection (4), the Minister need not have regard to those matters if the application is for a variation: (a) to set an earlier expiry date for the licence; or (b) to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or (c) of a kind prescribed by the rules. (6) In deciding whether to make a variation, the Minister may have regard to any other matter that the Minister considers relevant.