Exemptions
169 Exemptions
A person connected with Victoria, or a representative of a class of persons connected with Victoria, may apply to the Authority for an exemption from compliance with a provision of these Regulations in relation to the transport of particular dangerous goods.
The Authority may, on its own initiative or on application under subregulation (1), exempt a person or class of persons from compliance with a provision of these Regulations in relation to the transport of particular dangerous goods if the Authority is satisfied that—
it is not reasonably practicable for the person or class of persons to comply with the provision; and
issuing the exemption—
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 class of persons were required to comply; and
would not cause unnecessary administrative or enforcement difficulties, particularly with respect to maintaining national uniformity of road and rail transport laws.
An exemption may be subject to conditions, including a condition that it applies to either or both of the following—
the transport of dangerous goods by road;
the transport of dangerous goods by rail.
If the Authority issues an exemption to a person, the Authority must send a notice to the person stating—
the provisions of these Regulations that are the subject of the exemption; and
the dangerous goods to which the exemption applies; and
the period of time for which the exemption remains in force; and
the conditions to which the exemption is subject; and
the geographical area for which the exemption is valid.
If the Authority—
issues an exemption to a class of persons; or
issues an exemption that is to remain in force for longer than 6 months—
the Authority must publish a notice in the Government Gazette specifying all the details in subregulation (4) and the person or class of persons to which the exemption applies.
A person operating under an exemption must comply with any condition subject to which the exemption was issued.
- In the case of a natural person, 53 penalty units;
In the case of a body corporate, 265 penalty units.
Subregulation (6) is a prescribed provision for the purposes of the definition of relevant provision in section 31C(2) of the Act.
If an exemption is issued to a person, and the exemption applies to a vehicle or to premises, the person must keep a copy of the notice of exemption in the vehicle or premises.
- In the case of a natural person, 6 penalty units;
In the case of a body corporate, 30 penalty units.
The Authority must notify the corresponding Authority of each other State and Territory of the details of an exemption if the Authority—
issues an exemption to a class of persons; or
issues an exemption that is to remain in force for longer than 6 months.
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