Commonwealth Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) (NATIONAL STANDARDS) REGULATIONS 2003 2003 NO. 324 - SCHEDULE 3

(regulation 2.09)

Part 1 Hazardous substances other than chrysotile

1.01 Applications for exemption
(1) If an operator wishes to seek an exemption under regulation 2.09 in relation to a hazardous substance other than chrysotile, the operator must:

(a)

apply to the Authority in writing, using the application form (if any) approved by the Authority; and

(b) include in the application evidence that:

(i)

the use of the hazardous substance is essential to the operation of the operator's business; and

(ii)

there is no reasonable alternative substance for the hazardous substance.

(2)

Subclause (3) applies in relation to an application made in accordance with subclause (1) if:

(a)

the application is to seek an exemption that is to commence on 31 December 2003; and

(b)

the application is made before that day; and

(c)

the Authority has not, before that day, decided whether to grant or to refuse to grant the exemption.

(3) The exemption sought in the application is taken to be granted to the operator on 31 December 2003 and to continue in force until:

(a)

if the Authority grants the exemption — the exemption commences; or

(b)

if the Authority refuses to grant the exemption — written notice of the Authority's decision is given to the operator; or

(c)

the application is taken to have been withdrawn under subclause 1.02 (2).

1.02 Grant or refusal of exemption
(1) On receipt of an application by an operator under subclause 1.01 (1), the Authority may, in writing:

(a)

grant the exemption to the operator; or

(b)

refuse to grant the exemption; or

(c)

ask the operator to give it further information about the application within a reasonable period specified by it.

(2)

If the Authority has asked for information under paragraph (1) (c), and no information has been given to the Authority within the specified period, or a longer period agreed to by the Authority before the end of the specified period, the application is taken to have been withdrawn.

(3) Before granting an exemption to the operator, the Authority must be satisfied that:

(a)

the use of the hazardous substance is essential to the operation of the operator's business; and

(b)

there is no reasonable alternative substance for the hazardous substance; and

(c)

there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of Part 2 of these Regulations.

(4)

If the Authority refuses to grant an exemption, it must give the operator a written notice setting out its decision and the reasons for its decision.

1.03 Conditions of an exemption

(1)

An exemption granted under clause 1.02 may be subject to conditions that promote the objects of Part 2 of these Regulations.

(2) The Authority may, by notice in writing to the operator that holds an exemption:

(a)

add a condition to the exemption, or vary a condition; or

(b)

revoke a condition.

(3) The notice must include:

(a)

the reasons for the addition, variation or revocation; and

(b)

the time when the addition, variation or revocation takes effect.

1.04 Operation of an exemption
(1) An exemption granted under clause 1.02 commences on:

(a)

the day on which it is granted; or

(b)

a later date stated in the exemption.

(2) The Authority must cancel an exemption if:

(a)

it is satisfied that continuing the exemption would be inconsistent with the objects of Part 2 of these Regulations; or

(b)

the operator that holds the exemption asks the Authority to cancel it.

(3)

The Authority is not required to consult the operator that holds the exemption before cancelling it.

(4) If the Authority cancels an exemption under paragraph (2) (a), it must give the operator a written notice setting out:

(a)

its decision to cancel the exemption; and

(b)

the reasons for cancelling it; and

(c)

the time from which it is cancelled.

(5) An exemption ceases:

(a)

at the end of the day (if any) stated in the exemption as the day when it ceases; or

(b)

when it is cancelled.

Part 2 Chrysotile

2.01 Definition
In this Part:
"list of exemptions "means the table set out in clause 2.02.
2.02 List of exemptions
(1) The Authority may exempt an operator in relation to a use of chrysotile only if the use is a use mentioned in column 2 of the list of exemptions.
(2) The Authority must not grant an exemption, in relation to a use mentioned in column 2 in the list of exemptions, that purports to have effect after the date mentioned in column 3 in relation to that use.

Note
An exemption is not effective after the relevant date mentioned in column 3 in the list of exemptions. See subclause 2.06 (5).

Note
The list of exemptions reflects the exemptions listed in the National List of Exemptions to the Prohibition of the Workplace Use of Chrysotile Asbestos set out in Schedule 2 to the National Model Regulations for the Control of Hazardous Substances [NOHSC:1005 (1994)] which includes notes about the exemptions.

2.03 Applications for exemption
(1) If an operator wishes to seek an exemption for a use mentioned in column 2 of the list of exemptions, the operator must:

(a)

apply to the Authority in writing, using the application form (if any) approved by the Authority; and

(b)

state in the application the use for which the exemption is sought; and

(c) include in the application:

(i)

evidence that the use is essential to the operation of the operator's business; and

(ii)

evidence that there is no reasonable alternative to the use of chrysotile; and

(iii)

a statement of the measures that the operator will take, if the exemption is granted, to deal with any risk that might arise from the use of chrysotile; and

(iv)

a statement of the actions that the operator will take, if the exemption is granted, to comply with the condition mentioned in paragraph 2.05 (1) (a).

(2)

Subclause (3) applies in relation to an application made in accordance with subclause (1) if:

(a)

the application is to seek an exemption that is to commence on 31 December 2003; and

(b)

the application is made before that day; and

(c)

the Authority has not, before that day, decided whether to grant or to refuse to grant the exemption.

(3) The exemption sought in the application is taken to be granted to the operator on 31 December 2003 and to continue in force until:

(a)

if the Authority grants the exemption — the exemption commences; or

(b)

if the Authority refuses to grant the exemption — written notice of the Authority's decision is given to the operator; or

(c)

the application is taken to have been withdrawn under subclause 2.04 (2).

2.04 Grant or refusal of exemption
(1) On receipt of an application made by an operator under subclause 2.03 (1), the Authority may, in writing:

(a)

grant the exemption to the operator; or

(b)

refuse to grant the exemption; or

(c)

ask the operator to give it further information about the application within a reasonable period specified by it.

(2)

If the Authority has asked for information under paragraph (1) (c), and no information has been given to the Authority within the specified period, or a longer period agreed to by the Authority before the end of the specified period, the application is taken to have been withdrawn.

(3) Before granting an exemption to an operator, the Authority must be satisfied that:

(a)

the use is a use mentioned in column 2 of the list of exemptions; and

(b)

the use is essential to the operation of the operator's business; and

(c)

there is no reasonable alternative to the use of chrysotile; and

(d)

the operator has in place appropriate measures to deal with any risk that might arise from the use of chrysotile; and

(e)

the operator will be able to comply with the condition mentioned in paragraph 2.05 (1) (a); and

(f)

there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of Part 2 of these Regulations.

(4)

If the Authority refuses to grant an exemption, it must give the operator a written notice setting out its decision and the reasons for its decision.

2.05 Conditions of an exemption
(1) An exemption granted under clause 2.04 is subject to the condition that the operator:

(a)

takes reasonable steps to find alternatives to the use of chrysotile covered by the exemption, including, if necessary, undertaking, or contributing to the undertaking of, research and development of alternatives to the use of chrysotile covered by the exemption; and

(b) informs the Authority, in writing, as soon as the operator becomes aware of either of the following:

(i)

that the use covered by the exemption is no longer essential to the operation of the operator's business;

(ii)

that there is a reasonable alternative to the use of chrysotile covered by the exemption.

(2)

An exemption granted under clause 2.04 may be subject to other conditions that promote the objects of Part 2 of these Regulations.

(3) The Authority may, by notice in writing to the operator that holds an exemption:

(a)

add a condition to the exemption, or vary a condition; or

(b)

revoke a condition.

(4) The notice must include:

(a)

the reasons for the addition, variation or revocation; and

(b)

the time when the addition, variation or revocation takes effect.

2.06 Operation of an exemption
(1) An exemption granted under clause 2.04 commences on:

(a)

the day on which it is granted; or

(b)

a later date stated in the exemption.

(2) The Authority must cancel an exemption if:

(a)

it is satisfied that continuing the exemption would be inconsistent with the objects of Part 2 of these Regulations; or

(b)

the operator that holds the exemption asks the Authority to cancel it.

(3)

The Authority is not required to consult the operator that holds the exemption before cancelling it.

(4) If the Authority cancels an exemption under paragraph (2) (a), it must give the operator a written notice setting out:

(a)

its decision to cancel the exemption; and

(b)

the reasons for cancelling it; and

(c)

the time from which it is cancelled.

(5) Unless sooner cancelled, an exemption is effective until:

(a)

the end of the day stated in column 3 of the item in the list of exemptions that relates to the exemption; or

(b)

if an earlier day is stated in the exemption as the day when it ceases — the end of the earlier day.