Clause 21

The Minister may, by order in the Gazette, determine a class licence that authorises a person to whom the order applies to carry on a regulated activity without a licence granted under this Part —

for a specified period or indefinitely, or to an extent specified in that order; and

subject to such conditions as may be specified in that order.

To avoid doubt, there may be more than one class licence determined, according (but not limited) to any of the following:

the purpose or purposes for which the regulated activity is carried on;

the type, nature and quantity of the class of petroleum or the flammable material involved in the regulated activity;

the premises where the class of petroleum or the flammable material is stored or kept;

the manner and method in which the class of petroleum or the flammable material is stored or kept;

the maximum quantity of the class of petroleum or the flammable material that may be stored or kept in or on the premises mentioned in paragraph (c);

the dispensing of the class of petroleum or the flammable material into —

any type of container specified in the order under subsection (1);

any road tanker; or

the fuel tank of any vehicle,in or on the premises mentioned in paragraph (c).

An order under subsection (1) continues in force, unless it is revoked, for the period that may be specified in the order.

The carrying on of a regulated activity by a class licensee is deemed authorised by this Act if it is done in accordance with the conditions of the class licence.

In this section and section 84C, “regulated activity” means the storage or keeping in or on any premises of any class of petroleum or any flammable material.Variation and revocation of class licence84B.—

Subject to this section, the Minister may, by order in the Gazette —

vary a class licence by —

varying or revoking any condition specified in the class licence; or

specifying additional conditions of the class licence; or

revoke a class licence.

Before varying a class licence or revoking a class licence, the Minister must, unless the Minister considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (3), a written notice that —

states that the Minister proposes to vary the class licence or to revoke the class licence;

describes the proposed variation or revocation; and

invites interested persons to make representations about the proposed variation or revocation by a specified date that is at least one month after the date of publication of the notice.

A written notice under subsection (2) must be published on the prescribed website or in one or more other forms that are readily accessible by the public.

The Minister must, before varying a class licence or revoking a class licence, give due consideration to any representations made to the Minister pursuant to the written notice given in accordance with subsection (2).Conditions applicable to class licensee84C.—

Without limiting section 84A(1) or 84B, the conditions subject to which a class licensee may carry on a regulated activity under a class licence may include conditions requiring the class licensee —

to do or not to do any thing that is specified or is of a description specified, except insofar as the Commissioner consents to the class licensee doing or not doing that thing;

to refer for determination by the Commissioner such questions arising under the class licence or which are of a description specified;

to provide information and reports to the Commissioner about the class licensee and the regulated activity carried on; and

to notify the Commissioner that the class licensee has ceased or will cease to be a class licensee.

In particular, a class licence may provide that the class licence applies to a person subject to a condition precedent that requires the person —

to notify the Commissioner of the person’s identity and other particulars about the regulated activity carried on by the person; and

to pay a charge to the Commissioner when notifying the Commissioner in accordance with paragraph (a).”.