Minister may vary, modify or grant exemptions from subsidiary legislation
31 Minister may vary, modify or grant exemptions from subsidiary legislation
The holder of a licence to operate a facility may apply to the Minister in the prescribed manner for an exemption from, or a modification or variation of, any regulation or local law made under this Act as it applies to that facility.
If the Minister is satisfied that in the particular circumstances the regulation or local law is inappropriate or might reasonably be modified or varied without detriment to the public interest, the Minister may grant the exemption or determine that the regulation or local law is to apply with such modifications or variations as the Minister thinks fit.
Subject to subsections (4) and (5), an exemption, modification or variation remains in force for the period specified in the notice granting the exemption, modification or variation.
On application from the licence holder in the prescribed manner the Minister may extend the period referred to in subsection (3).
If the Minister is notified by the local government that, in the opinion of the local government, an exemption, modification or variation which is granted with respect to a facility should no longer apply to the facility because the facility has been substantially extended or redeveloped, and the Minister agrees, the Minister must notify the licence holder and the local government in writing that the exemption, modification or variation ceases to apply.
[Section 31 amended: No. 14 of 1996 s. 4.]
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