- (1)
- A person may apply to the Competent Authority for an exemption from
compliance with a provision of these Regulations.
(2) An application for an
exemption must:
- (a)
- be in writing; and
- (b)
- state the applicant's name and address; and
- (c)
- specify the provision, or each provision, of these Regulations, and, if
applicable, of the AE Code, to which the application relates; and
- (d)
- state whether the exemption is to apply only to a specified person or to
every person included in a class of persons who might otherwise be bound to
comply with the provision or provisions; and
- (e)
- specify the Commonwealth explosives to which the application relates; and
- (f)
- state the reasons why the applicant thinks that the exemption is
necessary; and
(g) set out details of how the applicant proposes to ensure that the
explosives will be handled in a way that:
- (i)
- reduces as far as practicable
the risks of personal injury, property damage and environmental harm arising
from the transport of Commonwealth explosives by road or rail and the risk of
that transport endangering public safety; and
- (ii)
- ensures their security; and
- (h)
- if the application relates to a vehicle, equipment, packaging or other
thing describe the thing; and
- (i)
- state the period for which the exemption is sought; and
- (j)
- state the geographical area within which the exemption is to apply.
- (3)
- If the Competent Authority reasonably needs more information or another
document to allow the Competent Authority to consider the application, the
Competent Authority may, in writing, request the applicant to give the
Competent Authority the information, the document or a copy of the document,
specified in the request.
- (4)
- If the Competent Authority asks for information, or a document, under
subregulation (3), the Competent Authority need not begin to consider, or may
stop considering, the application until the applicant gives to the Competent
Authority the information, document or copy.