Document ID: chunk:federal_register_of_legislation:F2021L01482:reg:15
Version: federal_register_of_legislation:F2021L01482
Segment Type: reg
Provision Reference: reg 15
Character Range: 24966–27469

15  Conditions of waste tyres export licence—regulated tyre derived fuel
 (1) For the purposes of paragraph 35(1)(b) of the Act, this section prescribes conditions of a waste tyres export licence in relation to regulated tyre derived fuel.
Note 1: A waste tyres export licence is also subject to:
(a) the conditions (if any) specified in the licence under paragraph 35(1)(c) of the Act; and
(b) the condition that the holder of the licence must comply with any directions given to the holder under section 64 of the Act.
Note 2: The holder of a waste tyres export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59 of the Act).
Note 3: Conditions, and any other aspect of a waste tyres export licence, may be varied either on application by the licence holder or by the Minister on the Minister's own initiative (see Part 6 of Chapter 2 of the Act).
 (2) The holder of the licence must, for each consignment of tyre derived fuel exported under the licence:
 (a) ensure that the fuel complies, before export, with the waste tyre specification for the fuel stated in the licence; and
 (b) ensure that the fuel is securely packaged before export; and
 (c) take all reasonable steps to ensure that the fuel will be combusted in a way that minimises the risk of harm to the environment or human health; and
 (d) have, at the time the fuel is exported, a commercial relationship with the importer of the fuel.
 (3) If the holder of the licence is not the supplier of the tyre derived fuel, the holder must, at the time the fuel was supplied, have had a commercial relationship with the supplier.
 (4) If, in accordance with paragraph 36(2)(d) of the Act, the licence states one or more places to which the tyre derived fuel may be exported, the holder of the licence must export the fuel only to a stated place.
 (5) The holder of the licence must notify the Minister, in the form approved by the Minister, if any of the following events occur:
 (a) there is a change in the supplier of the tyre derived fuel covered by the licence;
 (b) there is a change in the freight forwarder or other agent used to export the tyre derived fuel covered by the licence (including using an agent where one was not previously used, or ceasing to use an agent);
 (c) there is a change in the importer of the tyre derived fuel covered by the licence.
 (6) A notification under subsection (5) must be given as soon as practicable after the event occurs.