20. Variation of permits

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.

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

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

varying or revoking a permit condition; and

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

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.

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

any import authorised by the permit;

any export authorised by the permit; or

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

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

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.

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

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;

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 —

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

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

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

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.

A variation of the permit takes effect —

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

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

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

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.

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

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

varying or revoking a permit condition; and

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

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.

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

any import authorised by the permit;

any export authorised by the permit; or

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

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

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.

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

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;

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 —

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

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

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

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.

A variation of the permit takes effect —

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

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

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