9Exemptions

9 Exemptions

(1) The Authority may exempt, in accordance with this regulation, any person, premises, activity or other thing, or any class of person, premises, activity or other thing, from any or all of the provisions of these Regulations.

(2) The Authority may exempt a person from any or all of the provisions of these Regulations if—

(a) the person operates a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2017; and

(b) the Authority is satisfied that the person is capable of achieving, in the operation of the facility, a level of health and safety of persons and safety of property that is at least equivalent to the level that would be achieved if these Regulations were complied with.

(3) The Authority must not grant an exemption in relation to a person or class of person unless the Authority is satisfied that—

(a) the person or the class of person is capable of achieving a level of health and safety of persons and safety of property that is at least equivalent to the level that would be achieved if these Regulations were complied with; or

(b) the provisions that are to be the subject of the exemption are requirements under these Regulations that are—

(i) not directly associated with a risk control measure; and

(ii) inappropriate or unnecessary in the circumstances.

(4) The Authority must not grant an exemption in relation to any premises, activity or other thing, or any class of premises, activity or other thing, unless the Authority is satisfied that a level of health and safety of persons and safety of property can be achieved that is at least equivalent to the level that would be achieved if these Regulations were complied with.

(5) An exemption granted by the Authority under this regulation—

(a) must be in writing; and

(b) may be subject to any conditions specified by the Authority; and

(c) must specify, as the case requires—

(i) the person or class of person to whom the exemption is granted; and

(ii) the premises or class of premises for which the exemption is granted; and

(iii) the activity or other thing or the class of activity or other thing for which the exemption is granted; and

(iv) the provision or provisions of these Regulations in relation to which the exemption is granted; and

(v) the conditions (if any) to which the exemption is subject.

(6) A person with a duty in relation to which an exemption is granted under this regulation must comply with each condition to which the exemption is subject.