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Revocation of permits

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

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—(1) Subject to paragraph (4), the Director‑General may, by written notice given to a person who is the holder of a permit, revoke the permit without assigning any reason 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;(d)the Director‑General is satisfied that the person has breached any of the permit conditions;(e)the Director‑General is satisfied that the person has contravened any provision of the Act or these Regulations; or(f)having considered information that was not considered before granting the permit, the Director‑General is satisfied that if he or she were now asked to grant the permit, he or she would decide not to grant the permit.(2) If a permit authorises —(a)a single import or export of hazardous or other waste; or(b)the carrying out of a single transit proposal,the Director‑General must not revoke the permit if that import or export has taken place, or after that transit proposal has been carried out, as the case may be.(3) If a permit authorises —(a)2 or more imports or exports of hazardous or other waste; or(b)the carrying out of 2 or more transit proposals,a revocation of that permit applies only to an import or export, or the carrying out of a transit proposal (as the case may be) that has not begun at the time of the revocation.(4) The revocation of the permit takes effect on the day on which the notice revoking the permit is given to the person.(5) In this regulation, “application or notice concerning the permit” means —(a)the application for the permit;(b)a notice under regulation 7 relating to the application for the permit; or(c)an application for a variation of the permit pursuant to which the Director‑General has varied the permit.

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