Western Australian Repealed Acts

This legislation has been repealed.

DANGEROUS GOODS (TRANSPORT) ACT 1998 - SECT 29

29 .         Exemptions (Cwlth s 32)

        (1)         A person or a representative of a class of people may apply to a Competent Authority for an exemption from compliance with a provision of the regulations in relation to the transport of particular dangerous goods.

        (2)         A Competent Authority may exempt the person or class of people from compliance with the provision if he or she is satisfied that —

            (a)         it is not reasonably practicable for the person or people to comply with the provision; and

            (b)         granting the exemption —

                  (i)         would not be likely to create a risk of death or injury to a person, or harm to the environment or to property, greater than that which would be the case if the person or people were required to comply; and

                  (ii)         would not cause unnecessary administrative or enforcement difficulties, particularly with respect to maintaining national uniformity of laws relating to the transport of dangerous goods.

        (3)         An exemption may be subject to conditions.

        (4)         If a Competent Authority grants an exemption to one person, he or she must send a notice to the person stating —

            (a)         the provisions of the regulations that are the subject of the exemption;

            (b)         the dangerous goods to which the exemption applies;

            (c)         the period of time for which the exemption remains in force;

            (d)         the conditions to which the exemption is subject; and

            (e)         the geographical area for which the exemption is valid.

        (5)         If a Competent Authority —

            (a)         grants an exemption to a class of people; or

            (b)         grants an exemption that is to remain in force for longer than 6 months,

                the Competent Authority must place a notice in the Gazette specifying all the details in subsection (4) and the person or class of people to which the exemption applies.

        (6)         A person who fails to comply with conditions to which an exemption is subject is guilty of an offence.

        Penalty: $10 000.

        (7)         If an exemption is granted to one person, the person must keep a copy of the notice of exemption in the vehicle or premises to which it applies.

        (8)         If a Competent Authority —

            (a)         grants an exemption to a class of people; or

            (b)         grants an exemption that is to remain in force for longer than 6 months,

                the Competent Authority must notify a Competent Authority of each other State and of each Territory of the details of the exemption.

        [Section 29 amended by No. 50 of 2003 s. 54(2).]