Victorian Numbered Regulations

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DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011 (SR NO 37 OF 2011) - REG 14

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 requirement that a person hold a licence.

    (2)     An application for an exemption must—

        (a)     state the provision from 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 persons, and a level of safety of property, that is at least equivalent to that which would be achieved by compliance with the provision.

    (3)     The information provided under subregulation (2)(b) must include information relating to any 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 must not grant an exemption unless it is satisfied—

        (a)     that the method proposed in subregulation (2)(b) is capable in itself or, if supported by conditions imposed under subregulation (7), of achieving a level of health and safety of persons, and a level of safety of property, that is at least equivalent to the level that would be achieved if the relevant provision had been complied with; or

        (b)     that the provision that is to be the subject of the exemption is an administrative requirement under these Regulations face="Symbol">¾

              (i)     that is not directly associated with a measure to any eliminate or reduce any risk; and

              (ii)     that is inappropriate or unnecessary in the circumstances.

    (6)     An exemption under this regulation must be in writing.

    (7)     The Authority may impose conditions on an exemption in relation to any of the following—

        (a)     the commencement and duration of the exemption;

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

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

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

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

        (f)     requirements for the provision of information relevant to the exemption to the Authority, if reasonably requested 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 conditions of the exemption to any specified person or body who may be affected;

              (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 imposed on the exemption.



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