Transport Infrastructure Act 1994

A person, or a representative of a class of person, may apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail.

The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or a class of person from complying with the provision if satisfied—

it is not reasonably practicable for the person or class of person to comply with the provision; and

granting the exemption—

would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and

would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods.

If an exemption is given on conditions, the exemption operates only if the conditions are complied with.

A person operating under an exemption must comply with any conditions on which the exemption was granted.

If an application is made for an exemption and the chief executive grants the exemption, the chief executive must send to each applicant a notice stating—

the provisions of a dangerous goods regulation in relation to which the exemption applies; and

the dangerous goods to which the exemption applies; and

the time for which the exemption applies, including the date that the exemption takes effect; and

the conditions to which the exemption is subject; and

the geographical area for which the exemption applies; and

for a class exemption—each of the following to be stated in the exemption—

the class of person exempted;

the class representative for the exemption.

If an application is made for an exemption and the chief executive does not grant the exemption, the chief executive must give a notice stating the following to each applicant—

that the chief executive is not granting the exemption;

the reasons for the decision;

that the person may—

under section 485, ask for the decision to be reviewed and appeal against the reviewed decision; and

under the Transport Planning and Coordination Act 1994, part 5, ask for the decision or the reviewed decision to be stayed.

The Statutory Instruments Act 1992, sections 24 to 26 apply to the exemption as if it were a statutory instrument.

A regulation may make provision in relation to applying for, and the giving of, exemptions under this Act.

In this section—

a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or

a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or

a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b).