Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017
13Variation of conditions of approval
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017.
13 Variation of conditions of approval
13 Variation of conditions of approval
(1) The holder of an approval must apply to the EPA to vary a condition—
(a) forming part of the collection point arrangement approved by the EPA, or
(b) imposed on the approval by the EPA.
(2) The EPA may, on its own initiative or on the application of the holder of an approval, vary a condition.
(3) The application must—
(a) be in a form approved by the EPA, and
(b) include information or evidence the EPA reasonably requires to assess the application, and
(c) be accompanied by the written consent of each holder of the approval.
(4) If the EPA considers it necessary, the EPA may, by written notice, require further documents or information to be provided by the holder of the approval.
(5) The EPA must give the applicant and each holder of the approval written notice of a decision to grant or refuse the variation.
(6) A variation of a condition takes effect on the day specified in the notice.
(7) Notice of a decision to refuse a variation must set out—
(a) the reasons for the refusal, and
(b) information about the applicant’s right of review.
(8) A variation is taken to have been refused if the EPA fails to give the applicant notice of a decision within a period of 42 days after—
(a) the application is made, or
(b) if the EPA requires further documents or information—the applicant provides the documents or information.
(9) Subclause (8) does not prevent the EPA from continuing to deal with an application after the expiry of the period.
cl 13: Subst 2023 (53), Sch 1[8].