19Competent Authority may grant exemptions

19 Competent Authority may grant exemptions

(1) The Competent Authority may, on application, grant an exemption from compliance with a provision of this instrument. (2) An exemption granted under subsection (1) must be in writing. (3) In deciding whether to grant the exemption, the Competent Authority must have regard to whether the explosives proposed to be covered by the exemption will be handled in a way that: (a) reduces as far as practicable: (i) the risks of personal injury, property damage and environmental harm arising from the transport of the explosives by road or rail; and (ii) the risk of that transport endangering public safety; and (b) ensures the security of the explosives. (4) An exemption may be granted subject to the applicant, specified person or each person in the class, complying with any conditions that the Competent Authority considers necessary to: (a) reduce as far as practicable: (i) the risks of personal injury, property damage and environmental harm arising from the transport of the explosives to which the exemption relates by road or rail; and (ii) the risk of that transport endangering public safety; and (b) ensure the security of the explosives. (5) After making a decision on an application for an exemption, the Competent Authority must notify the applicant in writing as soon as practicable of the decision. (6) If the decision is to grant the exemption, the notice must: (a) state the provision that is, or provisions that are, the subject of the exemption; and (b) specify the person, or describe the class of persons, to whom the exemption applies; and (c) specify the Commonwealth explosives to which the exemption relates; and (d) state the period (which must be no longer than 12 months) for which the exemption is to remain in force; and (e) state any conditions considered necessary under subsection (4) to which the exemption is subject; and (f) specify the geographical area to which the exemption applies. (7) Unless sooner revoked, the exemption remains in force for the period specified in the notice. (8) The Competent Authority must retain a copy of each exemption granted for 2 years after the day it was given.

Note: Penalties for a failure to comply with this subsection are set by section 20 of the Act.