Product Eco-responsibility (Regulated Electrical Equipment) Regulation
36. Changing information regarded as making fresh application
(1) If, before an application made under section 35(1) (original application) is withdrawn or determined, a change in the information provided to the Director for the original application occurs, the applicant must, as soon as reasonably practicable after the change occurs, give the Director notice of the change in writing.
(2) If a notice is given under subsection (1)—
- (a) the applicant is taken to make a fresh application under section 35(1); and
- (b) the original application is taken to be withdrawn.
37. Determination of application
(1) An application under section 35(1) is taken to be approved by the Director on the expiry of 30 days after the date of receipt of application unless the application has been approved or refused before the expiry.
(2) The Director must refuse the application if the Director is satisfied that the removal service plan would no longer meet a certain requirement specified in section 41(3) of the Ordinance should the proposed change be incorporated into the plan.
(3) The Director may also refuse the application if the Director is satisfied that—
- (a) the application has not been made in the specified form;
- (b) the applicant has not complied with section 35(2) or 36(1), or any notice given under section 35(5);
- (c) the applicant is not a seller, or will not become a seller, according to the information provided for the application;
