Div 5Exemptions from clause 8

Division 5—Exemptions from clause 8

22  Applications for exemptions

 (1) An operator may make an application to the Authority for an exemption from clause 8 in relation to a hazardous substance.

 (2) An application made under this subclause must:

 (b) be on the form (if any) approved by the Authority; and

 (c) include evidence that:

 (i) the use of the hazardous substance is essential to the operation of the operator’s business; and

 (ii) there is no reasonable alternative substance for the hazardous substance.

23  Grant or refusal of exemption

 (1) On receipt of an application made by an operator under subclause 22(1) the Authority may, in writing:

 (a) grant the exemption; or

 (b) refuse to grant the exemption; or

 (c) ask the operator to give the Authority further information about the application within a reasonable period specified by the Authority.

 (2) If the Authority has asked for information under paragraph (1)(c), and no information has been given to the Authority within the specified period, or a longer period agreed to by the Authority before the end of the specified period, the application is taken to have been withdrawn.

 (3) Before granting an exemption to the operator under paragraph (1)(a), the Authority must be satisfied that:

 (a) the use of the hazardous substance is essential to the operation of the operator’s business; and

 (b) there is no reasonable alternative substance for the hazardous substance; and

 (c) there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of this Schedule.

 (4) If the Authority refuses to grant an exemption, it must give the operator a written notice setting out the Authority’s decision and the reasons for the decision.

24  Conditions of an exemption

 (1) An exemption granted under paragraph 23(1)(a) may be subject to conditions that promote the objects of this Schedule.

Adding, varying and revoking conditions

 (2) The Authority may, by notice in writing to the operator that holds an exemption:

 (a) add a condition to the exemption, or vary a condition; or

 (b) revoke a condition.

 (3) The notice must include:

 (a) the reasons for the addition, variation or revocation; and

 (b) the time when the addition, variation or revocation takes effect.

25  Operation of an exemption

 (1) An exemption granted under paragraph 23(1)(a) commences on: