Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 153

153 Exemptions

(1) A person, or a person who is the representative of a class of persons, may apply to the chief executive for an exemption from complying with a provision of a dangerous goods regulation about transporting particular dangerous goods.

(2) The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or class of persons from complying with a provision of a dangerous goods regulation if 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 was required to comply; and

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

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

(4) 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—

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

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

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

(d) the conditions to which the exemption is subject; and

(e) the geographical area for which the exemption applies; and

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

(i) the class of person exempted;

(ii) the class representative for the exemption.

(5) 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—

(a) that the chief executive is not granting the exemption;

(b) the reasons for the decision;

(c) the prescribed review information for the decision.

Note—

A notice is not required when an exemption is granted on conditions.

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

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

(8) In this section—

"applicant" means—

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

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

(c) 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) .