Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) AMENDMENT REGULATION 2008 (NO 2) (NO 54 OF 2008) - REG 4

in division 3.4.7, insert

333A     Exemption—outdoor displays—Act, s 217 (1) (b)

    (1)     The chief executive may, in writing, exempt a permit-holder from the following in relation to the conduct of a stated outdoor fireworks display:

        (a)     the requirement to comply with the minimum separation distance that applies for section 327 (1) (b) (i) and (iii) for the fireworks;

        (b)     the requirement to comply with the defined minimum separation distance that applies for section 329 (4) (b) (i) and (iii) for the fireworks.

    (2)     However, the chief executive may grant an exemption only if satisfied that the permit-holder has—

        (a)     conducted a risk assessment identifying hazards and risks arising because of the exemption; and

        (b)     as far as reasonably practical, implemented control measures to eliminate the hazards or minimise the risks (if any).

Note     An exemption may be conditional (see Act, s 217 (2)).

    (3)     In this section:

"defined minimum separation distance"—see section 329 (6).