56ZUVariation of certain instruments relating to trade waste

56ZU Variation of certain instruments relating to trade waste

[Section 56ZU of Division 2A of Part 4 Inserted by No. 32 of 2012, s. 9, Applied:25 Feb 2013]

(1)  The terms and conditions of a transitional consent may be varied as agreed between the regulated entity, and the person, to whom the consent relates.

(2)  A regulated entity may notify a person to whom a transitional consent relates that –

(a) the person is required to enter into negotiations in relation to the terms and conditions of the consent; and

(b) the person is, for that purpose, to contact a person specified in the notice.

(3)  A notice under subsection (2) is to include a summary of the process by which the terms and conditions of a transitional consent may be varied under this Subdivision and the consequences of the terms and conditions not being so varied.

(4)  If, before the end of the period of 3 years after the date on which a notice is issued under subsection (2) by a regulated entity to a person to whom a transitional consent relates, the regulated entity and the person have not agreed to vary the terms and conditions of the consent, the regulated entity may issue a notice (a warning notice) to the person.

(5)  A warning notice to a person is a notice stating that –

(a) the consent to which the notice relates will cease to be in force at the end of the period of 3 months after the date on which the warning notice is issued, unless –

(i) an application is made to the Regulator under subsection (6) ; or

(ii) the person agrees to vary the terms and conditions of the consent so that they are the same as, or include, the terms and conditions set out in the notice; and

(b) the person may apply to the Regulator, before the end of the period of 14 days after the date on which the warning notice is issued, for the Regulator to determine the terms and conditions of the consent under subsection (1) .