Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The waste manager may, on application or on the manager's own initiative, declare the following exempt from a provision of this Act:
(a) a person or class of people;
(b) waste activity of a particular kind or generally.
Note 1 If a form is approved under s 127 for an application, the form must be used.
Note 2 A fee may be determined under s 126 for an application.
Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(2) A declaration under subsection (1) may be made only—
(a) in an emergency; or
Examples—emergency
• fire
• flood
• fuel shortage
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(b) if the waste manager is satisfied that—
(i) it is not practicable to comply with the provision; and
(ii) noncompliance with the provision will not have any significant adverse effect on public health, property or the environment.
Note A decision under this section is a reviewable decision (see s 119).
(3) An exemption in a declaration may include conditions.
(4) A declaration—
(a) made in circumstances mentioned in subsection (2) (a)—is a notifiable instrument; and
Note A notifiable instrument must be notified under the Legislation Act
.
(b) made in circumstances mentioned in subsection (2) (b)—is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(5) A declaration made in an emergency may commence when it is made or on a later date stated in the declaration.