43Exemption of controlled person from requirement for facility licence for conduct relating to controlled facility

43 Exemption of controlled person from requirement for facility licence for conduct relating to controlled facility

(1) For the purposes of paragraph 30(1)(g) of the Act, a controlled person is exempted in relation to conduct of a kind mentioned in paragraph 30(1)(a), (b), (c), (d), (e) or (ea) of the Act in relation to a controlled facility if: (a) the controlled person, the kind of conduct and the controlled facility are specified in a declaration that is made and published under this section; and (b) the declaration is in effect at the time the conduct is undertaken. Declaration (2) The CEO may declare, in writing, that particular current or future conduct of a kind mentioned in paragraph 30(1)(a), (b), (c), (d), (e) or (ea) of the Act, by a particular controlled person in relation to a particular controlled facility, does not, or will not, pose an unacceptable potential hazard to the health and safety of people or to the environment.

Note: A decision to refuse to make a declaration is reviewable under section 86.

(3) The CEO may also state in the declaration that: (a) the declaration has effect only if circumstances mentioned in the declaration exist; or (b) the declaration does not have effect if circumstances mentioned in the declaration exist. Prerequisites for making declaration (4) If the CEO proposes to make a declaration under subsection (2), the CEO must, as soon as practicable, publish a notice in a daily newspaper circulating nationally, and on ARPANSA’s website, stating that the CEO proposes to make the declaration. (5) The notice must include: (a) either: (i) a copy of the proposed declaration; or (ii) a description of the controlled person, the kind of conduct and the controlled facility that are to be the subject of the declaration, and the text of any statements permitted under subsection (3); and (b) if the proposed declaration relates to a nuclear installation: (i) an invitation to people and bodies to make submissions about the proposed declaration; and (ii) information about the period for making submissions and procedures for making submissions. Publication of declaration (6) The CEO must publish the declaration on ARPANSA’s website as soon as practicable after making it.