Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 39

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

  (a)   to renew the licence; or

  (b)   to refuse to renew the licence.

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

Note 2:   If the application is to renew the export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the 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 to renew the 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 renew the 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 renew 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)   If an export licence would, apart from this subsection, expire before the application to renew the licence is decided, then the export licence is taken to continue in force until:

  (a)   if the application to renew is refused--the refusal takes effect; or

  (b)   if the licence is renewed in response to the application--the day the renewed licence takes effect.

  (3)   In deciding whether to renew 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 renewed, 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).

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

  (5)   If the Minister renews the export licence, the Minister must:

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

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

Note:   A decision under this subsection is a reviewable decision (see section   151) and the Minister must give the person written notice of the decision (see section   152).

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