Victorian Consolidated Regulations

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Grounds on which an exemption (other than in relation to high risk work) may be granted

    (1)     The Authority must not grant an exemption under regulation 537 other than in accordance with this regulation.

    (2)     The Authority may grant an exemption if it is satisfied—

        (a)     that the granting of the exemption will result in a level of health and safety at the relevant workplace, or with respect to the relevant undertaking, that is at least equivalent to that which would be achieved by observance of the relevant provision; or

        (b)     that the provision that is to be the subject of the exemption is an administrative requirement under these Regulations that is inappropriate or unnecessary in the circumstances.

    (3)     The Authority may grant an exemption if—

        (a)     it is satisfied that the requirements of subregulation (2)(a) will be met if it imposes certain conditions in granting the exemption and those conditions are observed; and

        (b)     it imposes those conditions in granting the exemption.

    (4)     The Authority may grant only part of an application for an exemption under regulation 537 or it may grant an exemption so that the exemption applies in a more limited way than was sought in the application for the exemption.

    (5)     If a person applies for an exemption in relation to Division 4, 6, 8, 9 or 10 of Part 5.2 (Major hazard facilities), the Authority must not refuse to grant the exemption unless it has—

        (a)     invited the person to make a written submission; and

        (b)     specified a date, not less than 14 days after the date of the invitation, by which the person may make the submission; and

        (c)     considered any submission that is made by the person by the specified date in the form and manner specified by the Authority under regulation 535(1).

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