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Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017
13Variation of conditions of approval
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#### 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—
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> > > (a) forming part of the collection point arrangement approved by the EPA, or
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> > > (b) imposed on the approval by the EPA.
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> > (2) The EPA may, on its own initiative or on the application of the holder of an approval, vary a condition.
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> > (3) The application must—
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> > > (a) be in a form approved by the EPA, and
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> > > (b) include information or evidence the EPA reasonably requires to assess the application, and
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> > > (c) be accompanied by the written consent of each holder of the approval.
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> > (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.
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> > (5) The EPA must give the applicant and each holder of the approval written notice of a decision to grant or refuse the variation.
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> > (6) A variation of a condition takes effect on the day specified in the notice.
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> > (7) Notice of a decision to refuse a variation must set out—
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> > > (a) the reasons for the refusal, and
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> > > (b) information about the applicant’s right of review.
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> > (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—
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> > > (a) the application is made, or
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> > > (b) if the EPA requires further documents or information—the applicant provides the documents or information.
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> > (9) Subclause (8) does not prevent the EPA from continuing to deal with an application after the expiry of the period.
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> **cl 13:** Subst 2023 (53), Sch 1\[8\].