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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 28 April 2017 at 10:43)
Part 11 Section 115
115   Exemptions by Environment Protection Authority in emergencies and other situations
(1)  The Environment Protection Authority may exempt any person or class of persons from any specified provision or provisions of this Act or the regulations, in the circumstances referred to in subsection (2).
(2)  An exemption may be granted in:
(a)  an emergency (including, for example, where an area is being plagued by pests), or
(b)  circumstances where:
(i)  the Authority is satisfied that it is not practicable to comply with the relevant provision or provisions, and
(ii)  the Authority is satisfied that non-compliance with the provision or provisions will not have any significant adverse effect on public health, property, the environment or trade, and
(iii)  the Board of the Environment Protection Authority approves the granting of the exemption.
(3)  If the regulations prescribe the manner in which an exemption is to be applied for, the exemption must be applied for in that manner.
(4)  An exemption:
(a)  is effected by order made by the Environment Protection Authority and published in the Gazette, and
(b)  takes effect from the date the order is published in the Gazette or a later date specified in the order, and
(c)  has effect for the period specified in the order.
(5)  In the case of an exemption granted in an emergency, the order may take effect when it is made or on a later date specified in the order. The order is to be published in the Gazette as soon as practicable after it is made.
(6)  An exemption may be unconditional or may be subject to conditions specified in the order.
(7)  An exemption may be revoked, varied or renewed by a further order made and published in accordance with this section.
(8)  An exemption may not be granted or renewed so as to have effect for a total period exceeding 5 years. A further exemption granted within 5 years after the expiry of an earlier exemption (being a further exemption that is the same in substance as the earlier exemption) is to be treated as a renewed exemption for the purposes of this subsection.
(9)  If an exemption is granted, any person may make a written request to the Environment Protection Authority for the reasons for the exemption and the Authority is to provide a written statement of the reasons to the person. The regulations may make provision with respect to any such statement of reasons, including:
(a)  the time within which a request for reasons must be made or within which the statement of reasons must be provided, and
(b)  the matters to be set out in a statement of reasons, and
(c)  the cases in which a statement of reasons is not required to be provided.