Part 5Pest management
National pest management plans
67Exemptions from rules
The Minister may exempt a person from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.
The Minister may grant an exemption under subsection (1) only if—
- the Minister is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
- the Minister is satisfied that 1 or more of the following applies:
- the requirement has been substantially complied with and further compliance is unnecessary:
- the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
- the requirement is clearly unreasonable or inappropriate in the particular case:
- events have occurred that make the requirement unnecessary or inappropriate in the particular case.
- the requirement has been substantially complied with and further compliance is unnecessary:
The Minister may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.
The Minister may grant an exemption under subsection (3) only if the Minister is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
Conditions on which the Minister grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.
The Minister must determine the period of an exemption that the Minister grants.
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The following apply to the extension of the period of an exemption:
- the Minister may grant an extension of the period; and
- the extension must be granted before the end of the period; and
- the extended period becomes the period of the exemption; and
- the Minister may exercise the power in paragraph (a) more than once.
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The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
- an exemption under subsection (1) or (3) (which must specify the period of the exemption and be published together with the reasons):
- an extension under subsection (8).
Notes
- Section 67: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 67(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 67(8)(e): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 67(9): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).