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DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011 (SR NO 37 OF 2011) - REG 15

Authority may grant class exemptions on its own initiative

r. 15

    (1)     The Authority may on its own initiative grant an exemption from a provision of these Regulations in respect of a class of activities, premises, licensees or other persons.

    (2)     The Authority must not grant an exemption under subregulation (1) unless it is satisfied—

        (a)     that a level of health and safety of persons, and a level of safety of property, will be achieved that is at least equivalent to that which would be achieved by compliance with the provision; 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 eliminate or reduce any risk; and

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

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

    (4)     The Authority may impose any of the conditions specified in regulation 14(7) on an exemption granted under this regulation.

    (5)     A person to whom an exemption has been granted must comply with each condition imposed on the exemption.

    (6)     If the Authority grants an exemption under this regulation, it must publish a notice in the Government Gazette that—

        (a)     states that the exemption has been granted; and

        (b)     identifies to whom and to what the exemption applies; and

        (c)     identifies the provision or provisions of these Regulations to which the exemption relates; and

        (d)     states when the exemption is to start; and

        (e)     includes any other details that the Authority considers to be appropriate.



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