44Minister may vary export licence

#### 44 Minister may vary export licence (1) The Minister may do any of the following in relation to an export licence: (a) vary the conditions of the licence (including by imposing new conditions); (b) 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; (c) if the licence is expressed to remain in force until a specified event occurs—vary the licence by varying the specified event (which must not occur more than 3 years after the day the licence took effect); (d) if there is an expiry date for the licence (whether under paragraph 37(4)(a) or (b))—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); (e) vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error); (f) vary any other aspect of the licence. > Note: Certain decisions under this subsection are reviewable decisions (see section 151). (2) The Minister may vary the export licence only if the Minister reasonably believes that: (a) a condition of the licence has been, or is being, contravened; or (b) it is necessary to do so to ensure compliance with the requirements of this Act in relation to the regulated waste material and the export operations covered by the licence; or (c) it is necessary to do so to prevent or lessen a threat to human or environmental health; or (d) the holder is not a fit and proper person; or (e) it is necessary to do so: (i) to take account of an event notified under section 61; or (ii) to correct a minor or technical error; or (f) the holder of the licence: (i) failed to comply with a direction given to the holder by an authorised officer or the Minister; or (ii) failed to comply with a request by an authorised officer to provide information or a document; or (iii) failed to provide facilities and assistance to an auditor as required by section 115; or (iv) failed to comply with a request made by an auditor under section 113; or (g) the holder of the licence: (i) intimidated a person performing functions or exercising powers under this Act; or (ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act; or (h) the holder of the licence or any other person who participates in the management or control of the holder’s export business (as provided by section 62): (i) made a false or misleading statement in an application under this Act; or (ii) gave false or misleading information or documents to the Minister or to another person performing functions or exercising powers under this Act; or (iii) gave false or misleading information or documents to a person under a prescribed law; or (i) the licence needs to be varied for any other reason prescribed by the rules. > Note: The Minister must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d). (3) The Minister must not vary the export licence unless the Minister has given a written notice to the holder of the licence in accordance with subsection (4). (4) The notice must: (a) specify each proposed variation; and (b) specify the grounds for each proposed variation; and (c) subject to subsection (5), request the holder of the export licence to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and (d) include a statement setting out the holder’s right to seek review of a decision to make the proposed variation. (5) The notice is not required to include the request referred to in paragraph (4)(c) if the Minister reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human or environmental health. (6) Subsections (2) and (3) do not apply to a variation under: (a) paragraph (1)(d) to set a later expiry date for an export licence; or (b) paragraph (1)(e).