Document ID: chunk:federal_register_of_legislation:F2024C01055:clause:3_3:p2
Version: federal_register_of_legislation:F2024C01055
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 2/3)
Character Range: 104256–106942

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longer period agreed to by the Authority before the end of the specified period, the application is taken to have been withdrawn.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 an operator, the Authority must be satisfied that:
 (a) the use is a use mentioned in column 2 of the list of exemptions; and
 (b) the use is essential to the operation of the operator's business; and
 (c) there is no reasonable alternative to the use of chrysotile; and
 (d) the operator has in place appropriate measures to deal with any risk that might arise from the use of chrysotile; and
 (e) the operator will be able to comply with the condition mentioned in paragraph 2.05(1)(a); and
 (f) 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.

2.05  Conditions of an exemption
 (1) An exemption granted under clause 2.04 is subject to the condition that the operator:
 (a) takes reasonable steps to find alternatives to the use of chrysotile covered by the exemption, including, if necessary, undertaking, or contributing to the undertaking of, research and development of alternatives to the use of chrysotile covered by the exemption; and
 (b) informs the Authority, in writing, as soon as the operator becomes aware of either of the following:
 (i) that the use covered by the exemption is no longer essential to the operation of the operator's business;
 (ii) that there is a reasonable alternative to the use of chrysotile covered by the exemption.
 (2) An exemption granted under clause 2.04 may be subject to other conditions that promote the objects of Part 2 of these Regulations.
 (3) The Authority may, by notice in writing to the operator that holds an exemption:
 (a) add a condition to the exemption, or vary a condition; or
 (b) revoke a condition.
 (4) The notice must include:
 (a) the reasons for the addition, variation or revocation; and
 (b) the time when the addition, variation or revocation takes effect.

2.06  Operation of an exemption
 (1) An exemption granted under clause 2.04 commences on:
 (a) the day on which it is granted; or
 (b) a later date stated in the exemption.
 (2) The Authority must cancel an exemption if:
 (a) it is satisfied that continuing the exemption would be inconsistent with the objects of Part 2 of these Regulations; or
 (b) the operator that holds the exemption asks