Victorian Consolidated Regulations

Dangerous Goods (Explosives) Regulations 2000 - SECT 115

Exemption from provisions of the Regulations

115. Exemption from provisions of the Regulations



(1) A person may apply to the Authority for an exemption from compliance with
any requirement in these Regulations, except a provision concerning a
requirement to hold a licence.



(2) An application for an exemption must-

   (a)  state the provision or provisions for which exemption is sought; and

   (b)  explain the method by which the applicant intends to ensure that there
        is a level of health and safety of people, and a level of safety of
        property, that is at least equivalent to that which would be achieved
        by observance of the relevant provision or provisions.

(3) The information provided under subregulation (2)(b) must include
information relating to the risk associated with noise.

(4) The Authority may-

   (a)  grant an exemption in whole or in part; or

   (b)  refuse an exemption.

(5) The Authority may not grant an exemption unless it is satisfied that the
method proposed in subregulation (2)(b) is capable of achieving a level of
health and safety of people, and a level of safety of property, that is at
least equivalent to the level that would be achieved if the relevant provision
or provisions had been complied with.

(6) An exemption granted by the Authority must be in writing.

(7) The Authority may impose conditions on an exemption in relation to-

   (a)  the commencement and duration of the exemption; and

   (b)  the things and activities for which the exemption has been granted;
        and

   (c)  the person or class of people to whom the exemption has been granted;
        and

   (d)  the premises or class of premises for which the exemption has been
        granted; and

   (e)  the provisions of these Regulations for which the exemption has been
        granted; and

   (f)  requirements for the provision of information relevant to the
        exemption that may reasonably be requested by the Authority; and

   (g)  the monitoring or recording of systems of work or processes used at
        the facility exempted or by the person exempted; and

   (h)  a requirement that the person exempted give notice of the exemption
        and of the terms and conditions of the exemption to any specified
        person or body who may be affected; and

        (i)    any other conditions that the Authority considers to be
               appropriate in the circumstances.

(8) A person to whom an exemption has been granted must comply with each
condition that applies to the exemption.