Cap 607 s 12 Variation of decisions on GMO approval applications or variation requests on Director’s own initiative (GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE)

Contents of Section

Chapter:	607	Title:	GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE	Gazette Number:	L.N. 170 of 2010
Section:	12	Heading:	Variation of decisions on GMO approval applications or variation requests on Director’s own initiative	Version Date:	01/03/2011

(1) The Director may, on his or her own initiative on any of the grounds specified in subsection (2), vary the decision made on a GMO approval application or variation request under section 10(1)(a) or 11(5)(a) by—

(a) cancelling or varying any condition attached to, or adding any condition to, the approval of the GMO; or

(b) revoking the approval of the GMO.

(2) The grounds are—

(a) a change in circumstances that influences the Director’s assessment on the possible adverse biosafety effect of the GMO has occurred;

(b) additional scientific or technical information that influences the Director’s assessment on the possible adverse biosafety effect of the GMO has become available;

(3) After varying a decision on a GMO approval application or variation request under subsection (1), the Director must give the applicant a written notice of the variation and the reason for it.
(4) If—

(a) the approval of a GMO is revoked under subsection (1)(b); and

(b) the GMO has been released into the environment under the approval,

the applicant under the GMO approval application must, within the period specified in the notice of variation under subsection (3), inform the Director of the release by written notice.
(5) A notice under subsection (4) must contain the information set out in Part 1 of Schedule 1.
(6) A person who contravenes subsection (4) commits an offence and is liable to a fine at level 5.
(7) If the approval of a GMO is revoked under subsection (1)(b), the Director may, by the notice of variation under subsection (3), give the applicant under the GMO approval application any direction that the Director thinks fit on the safekeeping or disposal of—

(a) the GMO; or

(b) any container containing the GMO.

(8) A person given a direction under subsection (7) must, subject to section 43(5), carry out the direction at the person’s cost within the period specified in the notice.
(9) A person who contravenes subsection (8) commits an offence and is liable to a fine at level 6.