New South Wales Consolidated Acts

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 42

42 Exemptions

(1) A person or a representative of a class of persons 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 by road or rail.

(2) A Competent Authority may, on its own initiative or in response to an application under subsection (1), exempt the person or class of persons from compliance with the provision if the Competent Authority is satisfied that--

(a) it is not reasonably practicable for the person or class of persons 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 class of persons were required to comply, and

(ii) would not cause unnecessary administrative or enforcement difficulties, particularly with respect to maintaining national uniformity of road transport laws or rail transport laws.

(3) An exemption may be subject to conditions.

(4) If a Competent Authority grants an exemption to one person, the Competent Authority must send a notice to the person stating--

(a) the provisions of the regulations that are the subject of the exemption, and

(b) the dangerous goods to which the exemption applies, and

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

(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 persons, 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 persons 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.

: Maximum penalty--100 penalty units or imprisonment for 6 months, or both, for an individual or 500 penalty units for a body corporate.

(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 persons, 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 or Territory of the details of the exemption.