Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 35

  (1)   An export licence is subject to:

  (a)   the conditions provided by this Act; and

  (b)   the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence); and

  (c)   any additional conditions that the Minister considers appropriate and that are specified in the licence.

Note 1:   See subsection   64(4) for a condition of an export licence.

Note 2:   The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section   59).

Note 3:   An export licence may be suspended or revoked if a condition of the licence is contravened (see sections   46 and 54).

Note 4:   A decision to grant an export licence subject to additional conditions is a reviewable decision (see section   151) and the Minister must give the person written notice of the decision (see section   152).

  (2)   Without limiting paragraph   (1)(b), the rules may prescribe conditions in relation to any or all of the following:

  (a)   the holder of the export licence;

  (b)   a kind of regulated waste material;

  (c)   a kind of export operations.

  (3)   Without limiting paragraph   (1)(b) or (c), the rules may prescribe conditions, and the Minister may impose conditions:

  (a)   that are required to be complied with before or after the export of the waste material to which the conditions relate; or

  (b)   that relate to the objects of this Act.

  (4)   For the purposes of this Act, conditions to which an export licence is subject under subsection   (1) or section   40 are conditions of the licence.