Tasmanian Numbered Regulations

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DANGEROUS SUBSTANCES (SAFE HANDLING) REGULATIONS 2009 (S.R. 2009, NO. 42) - REG 69

Variation of permits
(1)  The Secretary may vary a shot-firing permit at any time by –
(a) adding new conditions; or
(b) varying or removing existing conditions.
(2)  The variation may be effected –
(a) consequent on an application made by the holder of the permit in accordance with regulation 29 ; or
(b) on the Secretary's own initiative, for reasonable cause, after consulting the holder of the permit.
(3)  Without limiting what may be relevant for subregulation (2)(b) , the Secretary may have regard to the scope, rigorousness and practicality of the existing permit conditions by reference to such things as –
(a) developments in shot-firing technology or practice; and
(b) the field experiences of any shot-firers; and
(c) changes in the law, or in any relevant code or standard, having implications for shot-firing; and
(d) changes in the State's security environment having implications for shot-firing; and
(e) changes in the scope or nature of any relevant category of shot-firing; and
(f) workplace safety issues; and
(g) permit compliance issues; and
(h) matters raised by councils, industry or explosives manufacturers.
(4)  If subregulation (2)(a) applies and the application is refused, the Secretary is to notify the applicant of –
(a) the refusal; and
(b) the reason for the refusal; and
(c) the right of review.
(5)  If subregulation (2)(a) applies and the application is approved, the Secretary is to notify the applicant of the approval, the variation and when the variation is to take effect.
(6)  If subregulation (2)(b) applies, the Secretary is to notify the holder of the permit of –
(a) the variation; and
(b) the reasons for the variation; and
(c) when the variation is to take effect; and
(d) if the variation has the effect of making the permit more restrictive, the right of review.
(7)  The variation of a shot-firing permit under this regulation takes effect when the holder of the permit is notified of the variation or at such later time as the Secretary, by the notice, specifies.
(8)  If the conditions of a shot-firing permit are varied, the Secretary may issue the holder of the permit with a fresh permit document.
(9)  To avoid doubt, this regulation does not authorise the addition, variation or removal of any endorsement.



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