Clause 41

The Board may, upon the application of a particular person, exempt the particular person from the operation of any of the provisions of —

this Act (including any material incorporated by reference under section 32A); or

any specifications or codes of practice mentioned in section 32,if the Board is satisfied that all of the following apply:

the particular person has undertaken safeguards to mitigate flooding, health and safety risks;

the exemption does not detrimentally affect the public sewerage system, stormwater drainage system or drain in question, as the case may be;

the particular person has undertaken safeguards to mitigate risks to the Board’s operations and maintenance of the public sewerage system, stormwater drainage system or drain in question, as the case may be.(2) The Board may grant an exemption under subsection (1) generally or for a period specified in the exemption, and subject to any conditions that the Board thinks necessary.(3) The Board may at any time add any condition to, or modify or remove any condition of, an exemption under subsection (1).(4) An exemption under subsection (1) —

must be in writing and given to the particular person concerned; and

need not be published in the Gazette.(5) The Board may at any time revoke any exemption under subsection (1).”.