16Competent Authority may grant exemptions

16 Competent Authority may grant exemptions

(1) The Competent Authority may, on application under regulation 15, by instrument grant an exemption from compliance with a provision of these Regulations. (2) 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 those explosives by road or rail; and (ii) the risk of that transport endangering public safety; and (b) ensures their security. (3) An exemption is granted subject to the person, or each person in the class, exempted complying with any conditions applicable to the person that the Competent Authority specifies, in the notice under subregulation (4), as being necessary: (a) to 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) to ensure the security of those explosives. (4) 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.

Note: A decision to refuse an exemption is reviewable by the Administrative Appeals Tribunal—see regulation 19. Under section 27A of the Administrative Appeals Tribunal Act 1975, the Competent Authority must give to any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decision and of the person’s right to have the decision reviewed. In giving that notice, the Competent Authority must have regard to the Code of Practice determined under section 27B of that Act.

(5) If the decision is to grant the exemption, the notice: (a) must state the provision or provisions of these Regulations that are the subject of the exemption; and (b) must specify the person, or describe the class of persons, to whom the exemption applies; and (c) must specify the Commonwealth explosives to which the exemption relates; and (d) must state the period (which must be not longer than 12 months) for which the exemption is to remain in force; and (e) must state the conditions (if any) to which the exemption is subject; and (f) must specify the geographical area to which the exemption applies. (6) Unless sooner revoked, the exemption remains in force for the period specified in the notice. (7) The Competent Authority must retain a copy of each exemption granted for 2 years after the day when it was given.

Note: Penalties for a failure to comply with subregulation (7) are set by section 20 of the Act.