Variation of regulation requirements
221 Variation of regulation requirements
(1) The Competent Authority may, by notice in writing to the occupier of the land on which explosives are stored or to the owner of explosives:
exempt the person from complying with these Regulations; or
(b) modify or vary these Regulations in the manner and in accordance with any conditions specified in the notice.
(2) The Competent Authority must not issue a notice under subregulation (1) unless satisfied:
(a) it is not practicable for the person to comply with these Regulations; and
(b) the exemption from, modification or variation of these Regulations will not adversely affect the safety, health or welfare of persons handling the explosives.
(3) The Competent Authority may issue a notice under subregulation (1) on its own initiative or on application made by the person.
(4) A person who handles explosives in accordance with a notice under subregulation (1) is taken to have complied with these Regulations.
(5) If an occupier of land on which explosives are or an owner of explosives considers that compliance with a provision of these Regulations is not reasonably practicable and a modification, variation or exemption of the provision would not adversely affect the safety, health or welfare of persons handling the goods, the person may apply to the Competent Authority for a modification, variation or exemption of the provision in accordance with this regulation.
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