Commonwealth Numbered Regulations

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EXPLOSIVES TRANSPORT REGULATIONS 2002 2002 No. 92 - REG 15

Applications for exemptions
(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.



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