(1)  The Competent Authority may, on application made in accordance with regulation 176 , approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that –

(a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Part; and

(b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with the Part to transport the goods by road.

(2)  In giving its approval, the Competent Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods.

(3)  A person to whom an approval has been given under this regulation must not contravene a condition of the approval.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 135 penalty units.