sec.443Exemptions

### sec.443 Exemptions A person, or a representative of a class of person, may apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail. The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or a class of person from complying with the provision if satisfied— it is not reasonably practicable for the person or class of person to comply with the provision; and granting the exemption— would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods. If an exemption is given on conditions, the exemption operates only if the conditions are complied with. A person operating under an exemption must comply with any conditions on which the exemption was granted. Maximum penalty—100 penalty units or 6 months imprisonment. If an application is made for an exemption and the chief executive grants the exemption, the chief executive must send to each applicant a notice stating— the provisions of a dangerous goods regulation in relation to which the exemption applies; and the dangerous goods to which the exemption applies; and the time for which the exemption applies, including the date that the exemption takes effect; and the conditions to which the exemption is subject; and the geographical area for which the exemption applies; and for a class exemption—each of the following to be stated in the exemption— the class of person exempted; the class representative for the exemption. If an application is made for an exemption and the chief executive does not grant the exemption, the chief executive must give a notice stating the following to each applicant— that the chief executive is not granting the exemption; the reasons for the decision; that the person may— under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed. A notice is not required when an exemption is granted on conditions. The Statutory Instruments Act 1992 , sections 24 to 26 apply to the exemption as if it were a statutory instrument. A regulation may make provision in relation to applying for, and the giving of, exemptions under this Act. In this section— applicant means— a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b) . s 443 ins 2001 No. 79 s 34 amd 2008 No. 67 s 6 ; 2008 No. 66 s 4 sch pt 2 (sec.443-ssec.1) A person, or a representative of a class of person, may apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail. (sec.443-ssec.2) The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or a class of person from complying with the provision if satisfied— it is not reasonably practicable for the person or class of person to comply with the provision; and granting the exemption— would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods. (sec.443-ssec.3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with. (sec.443-ssec.4) A person operating under an exemption must comply with any conditions on which the exemption was granted. Maximum penalty—100 penalty units or 6 months imprisonment. (sec.443-ssec.5) If an application is made for an exemption and the chief executive grants the exemption, the chief executive must send to each applicant a notice stating— the provisions of a dangerous goods regulation in relation to which the exemption applies; and the dangerous goods to which the exemption applies; and the time for which the exemption applies, including the date that the exemption takes effect; and the conditions to which the exemption is subject; and the geographical area for which the exemption applies; and for a class exemption—each of the following to be stated in the exemption— the class of person exempted; the class representative for the exemption. (sec.443-ssec.6) If an application is made for an exemption and the chief executive does not grant the exemption, the chief executive must give a notice stating the following to each applicant— that the chief executive is not granting the exemption; the reasons for the decision; that the person may— under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed. A notice is not required when an exemption is granted on conditions. (sec.443-ssec.7) The Statutory Instruments Act 1992 , sections 24 to 26 apply to the exemption as if it were a statutory instrument. (sec.443-ssec.8) A regulation may make provision in relation to applying for, and the giving of, exemptions under this Act. (sec.443-ssec.9) In this section— applicant means— a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b) . - (a) it is not reasonably practicable for the person or class of person to comply with the provision; and - (b) granting the exemption— (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods. - (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and - (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods. - (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and - (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods. - (a) the provisions of a dangerous goods regulation in relation to which the exemption applies; and - (b) the dangerous goods to which the exemption applies; and - (c) the time for which the exemption applies, including the date that the exemption takes effect; and - (d) the conditions to which the exemption is subject; and - (e) the geographical area for which the exemption applies; and - (f) for a class exemption—each of the following to be stated in the exemption— (i) the class of person exempted; (ii) the class representative for the exemption. - (i) the class of person exempted; - (ii) the class representative for the exemption. - (i) the class of person exempted; - (ii) the class representative for the exemption. - (a) that the chief executive is not granting the exemption; - (b) the reasons for the decision; - (c) that the person may— (i) under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and (ii) under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed. - (i) under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and - (ii) under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed. - (i) under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and - (ii) under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed. - (a) a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or - (b) a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or - (c) a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b) .