305

305 Discharge of scheduled substances (Act s 45B)

(1) For the purposes of paragraph 45B(1)(d) of the Act, a person may discharge a scheduled substance if: (a) the discharge is to: (i) test the design of a fire extinguishing system or a fire extinguisher; or (ii) calibrate equipment used to detect extinguishing agent leaks; and (b) the person is granted a permit by a relevant authority, allowing the discharge. (2) A person may apply in writing to a relevant authority for a permit. (3) An application must include: (a) the name and address of the applicant; and (b) information about each proposed discharge, including: (i) the location of the discharge; and (ii) if more than 1 discharge is proposed—the number of discharges; and (iii) the quantity of substance in each discharge; and (iv) the reason it is necessary to discharge the substance; and (c) any other information relevant to any proposed discharge. (4) The relevant authority may grant a permit if, in its opinion: (a) the applicant, because of his or her training and experience, is able to carry out the discharge in a way that minimises the amount of the substance discharged; and (b) the discharge is to test the design of a system that is necessary to protect human life or critical to the community; and (c) there is no alternative to the discharge that is: (i) practicable; and (ii) available at a reasonable cost; and (iii) safe; and (iv) likely to result in less damage to the environment.