Document ID: chunk:federal_register_of_legislation:F2024C01055:schedule:3:p1
Version: federal_register_of_legislation:F2024C01055
Segment Type: schedule
Provision Reference: sch 3 (pt 1/2)
Character Range: 95915–98691

Schedule 3—Exemption from regulation 2.08
(regulation 2.09)

Part 1—Hazardous substances other than chrysotile

1.01  Applications for exemption
 (1) If an operator wishes to seek an exemption under regulation 2.09 in relation to a hazardous substance other than chrysotile, the operator must:
 (a) apply to the Authority in writing, using the application form (if any) approved by the Authority; and
 (b) include in the application evidence that:
 (i) the use of the hazardous substance is essential to the operation of the operator's business; and
 (ii) there is no reasonable alternative substance for the hazardous substance.
 (2) Subclause (3) applies in relation to an application made in accordance with subclause (1) if:
 (a) the application is to seek an exemption that is to commence on 31 December 2003; and
 (b) the application is made before that day; and
 (c) the Authority has not, before that day, decided whether to grant or to refuse to grant the exemption.
 (3) The exemption sought in the application is taken to be granted to the operator on 31 December 2003 and to continue in force until:
 (a) if the Authority grants the exemption—the exemption commences; or
 (b) if the Authority refuses to grant the exemption—written notice of the Authority's decision is given to the operator; or
 (c) the application is taken to have been withdrawn under subclause 1.02(2).

1.02  Grant or refusal of exemption
 (1) On receipt of an application by an operator under subclause 1.01(1), the Authority may, in writing:
 (a) grant the exemption to the operator; or
 (b) refuse to grant the exemption; or
 (c) ask the operator to give it further information about the application within a reasonable period specified by it.
 (2) If the Authority has asked for information under paragraph (1)(c), and no information has been given to the Authority within the specified period, or a longer period agreed to by the Authority before the end of the specified period, the application is taken to have been withdrawn.
 (3) Before granting an exemption to the operator, the Authority must be satisfied that:
 (a) the use of the hazardous substance is essential to the operation of the operator's business; and
 (b) there is no reasonable alternative substance for the hazardous substance; and
 (c) there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of Part 2 of these Regulations.
 (4) If the Authority refuses to grant an exemption, it must give the operator a written notice setting out its decision and the reasons for its decision.

1.03  Conditions of an exemption
 (1) An exemption granted under clause 1.02 may be subject to conditions that promote the objects of Part 2 of these Regulations.
 (2) The Authority may,