76. Decisions on applications for exemption

  1. The Minister or the MEC, as the case may be, may -
    1. grant an exemption from the application of a provision of this Act; or
    2. refuse to grant such exemption.
  2. Sections 48 and 49(2) to (6), inclusive, apply with the changes required by the context to the consideration of applications for exemptions.
  3. If an application is granted, the Minister or MEC must issue a written exemption notice to the applicant stating -
    1. the name, address and telephone number of the person to whom the exemption is granted;
    2. the provision of this Act from which exemption is granted;
    3. the conditions subject to which the exemption is granted, if the exemption is granted subject to conditions; and
    4. the period for which exemption is granted, if the exemption is granted for a period.
  4. The Minister or the MEC, as the case may be, may by notice in the Gazette exempt an organ of state from a provision of this Act if -
    1. the provision, but for the definition of "person" contained in section (1), clearly should not apply to an organ of state;
    2. the exemption would not defeat the objects of this Act; and
    3. it is in the public interest to grant the exemption.
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