Part 5Pest management
Regional pest management plans
78Exemptions from rules
The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
The council may grant an exemption under subsection (1) only if—
- the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
- the council 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 council 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 council considers appropriate.
The council may grant an exemption under subsection (3) only if the council is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
Conditions on which the council 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 council must determine the period of an exemption that the council grants.
The council must provide a register that—
- records, for each exemption granted,—
- a description of the exemption; and
- the reasons for the exemption; and
- the period of the exemption; and
- a description of the exemption; and
- is available for the public to read free of charge—
- at the council's offices during the council's normal office hours; or
- on an Internet site maintained by or on behalf of the council.
- at the council's offices during the council's normal office hours; or
The following apply to the extension of the period of an exemption:
- the council 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 council may exercise the power in paragraph (a) more than once.
Notes
- Section 78: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).