Document ID: chunk:federal_register_of_legislation:C2004A01163:clause:1_58
Version: federal_register_of_legislation:C2004A01163
Segment Type: clause
Provision Reference: sch 1 cl 58
Character Range: 11285–12422

58  Variation of consents

 (1) The Authority may vary a consent given under subsection 57(1), on request by the person to whom the consent was given.

 (2) If the Authority makes a variation, the variation must be:
 (a) in accordance with the request; or
 (b) if not in accordance with the request—not less favourable than the consent to which the request relates.

 (3) Before making a variation, the Authority:
 (a) must consult nominated company B; and
 (b) must take into account the matters included in any guidelines issued under subsection 57(3E).

 (4) Paragraph (3)(a) does not apply to a variation if, in the opinion of the Authority, the variation is of a minor nature.

 (5) Without limiting subsection (4), a variation is taken to be of a minor nature if:
 (a) it relates only to the tonnage of wheat to be exported; and
 (b) it varies that tonnage by not more than 500 tonnes.

 (6) If the Authority makes a variation to which subsection (4) applies, the Authority must inform nominated company B of that variation as soon as practicable.

 (7) A consent cannot be varied otherwise than in accordance with this section.