Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 34

  (1)   On receiving an application for an export licence, the Minister must decide:

  (a)   to grant the applicant an export licence; or

  (b)   to refuse to grant the applicant an export licence.

Note 1:   See sections   172, 173 and 174 for additional matters relating to applications.

Note 2:   If the application is for an export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant an export licence for some or all of those kinds of waste material for export to some or all of those places.

Note 3:   If the application is for an export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant the applicant an export licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places.

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

  (2)   In deciding whether to grant the applicant an export licence, the Minister must have regard to the following matters:

  (a)   the objects of this Act;

  (b)   whether the applicant is a fit and proper person;

  (c)   whether all relevant Commonwealth liabilities of the applicant have been paid;

  (d)   if one or more relevant Commonwealth liabilities of the applicant have not been paid--whether the non - payment is due to exceptional circumstances;

  (e)   whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if granted, would be subject;

  (f)   any other matters prescribed by the rules.

Note 1:   The Minister must have regard to the matters in section   175 in considering whether the applicant is a fit and proper person for the purposes of paragraph   (b).

Note 2:   For the purposes of paragraph   (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section   181).

  (3)   In deciding whether to grant the applicant an export licence, the Minister may have regard to any other matter that the Minister considers relevant.

  (4)   If the Minister grants the applicant an export licence, the Minister must:

  (a)   decide that the licence remains in force until a specified event occurs (which must not occur more than 3 years after the day the licence takes effect); or

  (b)   set an expiry date for the licence (which cannot be more than 3 years after the day the licence takes effect).

  (5)   The Minister may set an expiry date for the export licence under paragraph   (4)(b) even if rules made for the purposes of subsection   37(5) apply in relation to the licence.