11Exemption from Act

11 Exemption from Act

(1)  [Section 11 Subsection (1) amended by No. 56 of 2008, s. 9, Applied:11 Feb 2009] Subject to subsection (5) , the Minister may, by order published in the Gazette, exempt a person from any provision of this Act subject to any conditions that the Minister determines.

(1A)  [Section 11 Subsection (1A) inserted by No. 56 of 2008, s. 9, Applied:11 Feb 2009] The order is not a statutory rule.

(2)  The Minister may not grant an exemption if –

(a) [Section 11 Subsection (2) amended by No. 33 of 2015, s. 9, Applied:01 Jan 2016] there would be a likely material adverse effect on any licensee or the holder of a permit under this Act or prior right; or

(b) it would be inconsistent with the objectives of this Act to do so; or

(c) the effect of the exemption would, or be likely to, cause material environmental harm or serious environmental harm; or

(d) the Minister having the administration of the Public Health Act 1997 has advised that the exemption would be inconsistent with that Act or any guidelines in force under that Act.

(3)  An exemption may have effect notwithstanding a provision of a water management plan.

(4)  An exemption remains in force until –

(a) it is revoked; or

(b) the date specified in the order as the date on which the exemption ceases to be in force –

whichever first occurs, but the exemption may be renewed in accordance with this section.

(5)  The Minister may not exempt a person from any requirement not to cause material environmental harm or serious environmental harm under this Act.