151Exemptions by competent authorities—general

151 Exemptions by competent authorities—general (1) A person may apply to a competent authority for an exemption from compliance with a provision of a regulation in relation to the transport of stated dangerous goods by road. Note A regulation may contain provisions about the application. (2) A competent authority may, by written notice and on its own initiative or on application under subsection (1), exempt a person from compliance with a provision of a regulation in relation to the transport of stated dangerous goods by road if the competent authority is satisfied on reasonable grounds that— (a) it is not reasonably practicable for the person to comply with the provision; and (b) granting the exemption would not— (i) be likely to create a risk of death or injury to a person, or harm to the environment or property, greater than the risk would be if the person was required to comply; and (ii) cause unnecessary administrative or enforcement difficulties, particularly in relation to maintaining national uniformity of road transport laws. Note An exemption may have effect in relation to a class of people. This is because power given under an Act to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, or to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(3) An exemption may be conditional. (4) An exemption must include the following: (a) the provision of the regulation from which the person is exempt; (b) the dangerous goods to which the exemption applies; (c) the period when the exemption is in force; (d) any conditions of the exemption; (e) the geographical area in which the exemption applies. (5) The following are notifiable instruments: (a) an exemption given to a class of people; (b) an exemption for longer than 6 months. (6) To remove any doubt, a representative of a class of people may apply under subsection (1).