Document ID: chunk:federal_register_of_legislation:F2024C01055:clause:3_3:p1
Version: federal_register_of_legislation:F2024C01055
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 1/3)
Character Range: 101772–104501

3     Use of chrysotile in a diaphragm for use in an electrolytic cell in an existing electrolysis plant for chlor‑alkali manufacture                               31 December 2006

Note: The list of exemptions reflects the exemptions listed in the National List of Exemptions to the Prohibition of the Workplace Use of Chrysotile Asbestos set out in Schedule 2 to the National Model Regulations for the Control of Hazardous Substances [NOHSC:1005 (1994)] which includes notes about the exemptions.

2.03  Applications for exemption
 (1) If an operator wishes to seek an exemption for a use mentioned in column 2 of the list of exemptions, the operator must:
 (a) apply to the Authority in writing, using the application form (if any) approved by the Authority; and
 (b) state in the application the use for which the exemption is sought; and
 (c) include in the application:
 (i) evidence that the use is essential to the operation of the operator's business; and
 (ii) evidence that there is no reasonable alternative to the use of chrysotile; and
 (iii) a statement of the measures that the operator will take, if the exemption is granted, to deal with any risk that might arise from the use of chrysotile; and
 (iv) a statement of the actions that the operator will take, if the exemption is granted, to comply with the condition mentioned in paragraph 2.05(1)(a).
 (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 (c) the application is taken to have been withdrawn under subclause 2.04(2).

2.04  Grant or refusal of exemption
 (1) On receipt of an application made by an operator under subclause 2.03(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