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Singapore legislation

Regulation 20

of Hazardous Waste (Control of Export, Import and Transit) Regulations 1998

Regulation 20

Variation of permits

Subregulation 1

Subject to paragraph (5), the Director‑General may, by written notice given to a person who is the holder of a permit, vary the permit without assigning any reason.

Subregulation 2

Without limiting paragraph (1), the ways in which the Director‑General may vary the permit include —

(a)

imposing a condition to which the permit is to be subject;

(b)

varying or revoking a permit condition; and

(c)

if a permit condition is to be complied with on or before a particular day, varying the day.

Subregulation 3

If the Director‑General varies the permit by imposing a condition, the Director‑General may also, in the notice making the variation, specify a day on or before which the condition is to be complied with.

Subregulation 4

The day referred to in paragraph (3) may be any day before, during or after —

(a)

any import authorised by the permit;

(b)

any export authorised by the permit; or

(c)

the carrying out of any transit proposal authorised by the permit,as the case may be.

Subregulation 5

The Director‑General must not vary the permit in a particular way unless —

(a)

the person has made a variation application for the variation of the permit in that way and the Director‑General is satisfied as mentioned in regulation 9 in relation to the application; or (b)the Director‑General is permitted by paragraph (6) to make the variation.

Subregulation 6

The Director‑General may vary the permit in a particular way, otherwise than pursuant to a variation application, only if —

(a)

the Director‑General is satisfied that the person in, or in relation to, an application or a notice concerning the permit made a statement that the person knew was false or misleading in a material particular;

(b)

the Director‑General is satisfied that the person in, or in relation to, an application or a notice concerning the permit gave to the Director‑General a document containing information that the person knew was false or misleading in a material particular without —

(i)

indicating to the Director‑General that the document was false or misleading and the respect in which the document was false or misleading; and

(ii)

providing correct information to the Director‑General if the person had, or could reasonably have obtained, the correct information;

(c)

the Director‑General is satisfied that the person in, or in relation to, an application or a notice concerning the permit failed to disclose all the information that should have been disclosed; or

(d)

having considered information that was not considered before granting the permit, the Director‑General is satisfied that the variation is required to protect human beings or the environment from a significant risk of injury or damage.

Subregulation 7

A variation of the permit takes effect —

(a)

if a prospective date of effect is specified in the notice making the variation, on that day; or

(b)

in any other case, on the day on which the notice making the variation is given to the person.

Subregulation 8

In this regulation, “application or notice concerning the permit” has the meaning given by regulation 18.