Victorian Consolidated Regulations

Dangerous Goods (HCDG) Regulations 2005 - SECT 501

PART 5 EXEMPTIONS

Exemption from these Regulations

501. Exemption from these Regulations



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

(2) An application for an exemption must-

   (a)  state the regulation or regulations from which exemption is sought;
        and

   (b)  explain the method by which the applicant intends to ensure that there
        is a level of security of HCDG that is at least equivalent to that
        which would be achieved by complying with that regulation or
        regulations.

(3) The Authority may-

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

   (b)  refuse an exemption.

(4) The Authority must not grant an exemption unless it is satisfied that the
method proposed in subregulation (2)(b) is capable of achieving a level of
security of HCDG that is at least equivalent to the level that would be
achieved if the relevant regulation or regulations were complied with.

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

(6) The Authority may impose conditions on an exemption in relation to one or
more of the following-

   (a)  the commencement and duration of the exemption;

   (b)  the activities or other things in respect of which the exemption is
        granted;

   (c)  the person or class of person to whom the exemption is granted;

   (d)  the premises or class of premises in respect of which the exemption is
        granted;

   (e)  the provisions of these Regulations in respect of which the exemption
        is granted;

   (f)  the provision of information relevant to the exemption that may
        reasonably be required by the Authority;

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

   (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;

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

(7) A person to whom an exemption under this regulation is granted must comply
with a condition of the exemption.