38AExemptions by Authority in emergencies and other situations

38A Exemptions by Authority in emergencies and other situations

38A Exemptions by Authority in emergencies and other situations

(1) The Authority may exempt a person from compliance with all or any specified provision of this Act or the regulations, in the circumstances referred to in subsection (2).

(2) An exemption may be granted in—

(a) an emergency (such as an emergency clean-up following a spill of a radioactive substance), or

(b) circumstances where—

(i) the Authority is satisfied that it is not practicable to comply with the relevant provision, and

(ii) the Authority is satisfied that non-compliance with the provision will not have any significant adverse effect on human health, property or the environment, and

(iii) if the exemption is for a period exceeding 60 days, the Authority has sought and taken into consideration the advice of the Council about the proposed exemption.

(3) The regulations may prescribe the manner in which a person must apply for an exemption under this section.

(4) An exemption—

(a) is effected by order made by the Authority and published in the Gazette, and

(b) takes effect from the date the order is published or a later date specified in the order, and

(c) has effect for the period specified in the order.

(5) In the case of an exemption granted in an emergency, the order may take effect when it is made or on a later date specified in the order. The order is to be published in the Gazette as soon as practicable after it is made.

(6) An exemption may be unconditional or may be subject to conditions specified in the order.

(7) An exemption may be revoked, varied or renewed by a further order made and published in accordance with this section.

(8) An exemption may not be granted or renewed so as to have effect for a total period exceeding 5 years. A further exemption granted within 5 years after the expiry of an earlier exemption (being a further exemption that is the same in substance as the earlier exemption) is to be treated as a renewed exemption for the purposes of this subsection.