(1) Subject to this
regulation, the CEO may cancel, suspend for a fixed period, or refuse to renew
a licence if —
(a) the
holder has been convicted of an offence against the Act, these regulations, or
any other offence that relates to the transportation, storage or disposal of a
controlled waste; or
(b)
there has been a breach of a condition to which the licence is subject; or
(c) the
CEO has reasonable grounds to suspect that the licence was obtained by fraud
or misrepresentation; or
(d) the
holder’s interstate licence has been cancelled, revoked, withdrawn or
suspended or a renewal of that licence has been refused.
(2A) Without limiting
subregulation (1), if the CEO has reasonable grounds to suspect that the
holder of a licence, or if the holder of the licence is a body corporate, an
individual concerned with the control and management of the body corporate, is
not of good character and repute and fit to be involved in the business in
respect of which the licence is held, the CEO may cancel, suspend for a fixed
period, or refuse to renew the licence.
(2) If the holder of a
licence is charged with an offence under the Act or a corresponding law
relating to the transportation, storage or disposal of a controlled waste or
an offence under these regulations, the CEO may suspend the licence until the
charge in respect of the offence has been finally dealt with or determined
according to law.
(3A) Without limiting
regulation 37(2), if a carrier does not pay the fee payable under
regulation 37(1) for a controlled waste tracking number within the time
specified by the CEO, the CEO may suspend the carrier’s licence until
the fee is paid.
(3) Unless otherwise
provided in these regulations, if the CEO proposes to cancel, suspend or
refuse to renew a licence, the CEO is to give to the holder of the licence
written notice of the proposal and the reasons for the proposal.
(4) A notice given
under subregulation (3) is to state that within 14 days after the
notice is given, the person to whom it is given may make written
representations to the CEO concerning the matter, and the CEO is not to
determine the matter without considering any representations received within
that period of 14 days.
(5) If the CEO
cancels, suspends or refuses to renew a licence, the CEO is to give to the
holder of the licence written notice of the cancellation, suspension or
refusal to renew.
[Regulation 10 amended: Gazette 1 Aug 2014
p. 2792-3.]