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Amusement Rides Safety Act 2011 PART 6 — APPROVAL AND CERTIFICATION OF FIRE AND RESCUE MANAGEMENT SYSTEM

s 36–s 38 · 3 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Application for approval and certification of fire and rescue management system

s 36

36.—(1) An application for —(a) the approval of the design and plans of the fire and rescue management system of an amusement ride that is to be installed or undergo a major modification; or (b) a certificate of compliance in respect of the fire and rescue management system of an amusement ride, must be made to the Commissioner of Civil Defence in such form and manner as the Commissioner of Civil Defence may require. (2) An application under subsection (1) must —(a) be submitted to the Commissioner of Civil Defence together with such documents and particulars as the Commissioner of Civil Defence may require; and (b) be accompanied by the prescribed fee. (3) Upon receiving an application under subsection (1)(a) and the accompanying documents and particulars, the Commissioner of Civil Defence may —(a) if satisfied that the fire and rescue management system as shown in the design and plans are adequate and workable, grant the approval applied for —(i) in such form or manner and for such duration as the Commissioner of Civil Defence may determine; and (ii) subject to such conditions as the Commissioner of Civil Defence thinks fit to impose; (b) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —(i) make such alterations or amendments as the Commissioner of Civil Defence may require to the design and plans of the fire and rescue management system; (ii) take such measures as the Commissioner of Civil Defence may specify for the purpose of ensuring that the fire and rescue management system will comply with such requirements (if any) as may be prescribed under section 38; and (iii) resubmit the application for the approval upon having made those alterations or amendments or taken those measures; or (c) refuse to grant the approval, in which case the Commissioner of Civil Defence must, if requested to do so by the applicant, state in writing the reasons for the refusal. (4) Upon receiving an application under subsection (1)(b) and the accompanying documents and particulars, the Commissioner of Civil Defence may inspect the fire and rescue management system of the amusement ride in respect of which the application has been made, and thereafter —(a) if satisfied that the fire and rescue management system —(i) accords with the design and plans in respect of which an approval has been granted under subsection (3)(a), where applicable; (ii) complies with such requirements (if any) as may be prescribed under section 38; and (iii) is adequate and workable, issue the certificate of compliance applied for — (iv) in such form or manner and for such duration as the Commissioner of Civil Defence may determine; and (v) subject to such conditions as the Commissioner of Civil Defence thinks fit to impose; (b) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —(i) make such modifications as the Commissioner of Civil Defence may require to the fire and rescue management system; (ii) take such measures as the Commissioner of Civil Defence may specify for the purpose of ensuring that the fire and rescue management system will comply with such requirements (if any) as may be prescribed under section 38; and (iii) resubmit the application for the certificate of compliance upon having made those modifications or taken those measures; or (c) refuse to grant the certificate of compliance, in which case the Commissioner of Civil Defence must, if requested to do so by the applicant, state in writing the reasons for the refusal. (5) If any direction given by the Commissioner of Civil Defence under subsection (3)(b) or (4)(b) is not complied with within the time specified in the direction, or such further period as may be allowed by the Commissioner of Civil Defence in any particular case, the Commissioner of Civil Defence may dismiss the application.

Withdrawal of approval or certificate of compliance

s 37

37.—(1) The Commissioner of Civil Defence may at any time withdraw any approval granted under section 36(3)(a) or any certificate of compliance if —(a) in the opinion of the Commissioner of Civil Defence —(i) the person to whom the approval has been granted or the certificate of compliance issued has failed to comply with any condition of the approval or certificate of compliance; or (ii) the fire and rescue management system in respect of which the approval has been granted or the certificate of compliance issued no longer complies with any of the conditions of the approval or certificate of compliance (as the case may be) or any requirement prescribed under section 38; (b) the Commissioner of Civil Defence has reason to believe that the approval or certificate of compliance had been obtained by fraud or misrepresentation; or (c) the Commissioner of Civil Defence becomes aware of any circumstance that would have required or permitted him or her to refuse to grant the approval or issue the certificate of compliance had the Commissioner of Civil Defence been aware of the circumstance immediately before granting the approval or issuing the certificate of compliance. (2) The Commissioner of Civil Defence must not exercise his or her power under subsection (1) to withdraw any approval granted under section 36(3)(a) or any certificate of compliance without giving the person to whom the approval has been granted or the certificate of compliance issued an opportunity to be heard in accordance with the prescribed procedure.

Regulations for purposes of this Part

s 38

38. The Minister may, after consultation with the Commissioner of Civil Defence, make such regulations as he or she may consider necessary or expedient for giving effect to this Part and, in particular, may make regulations —(a) relating to the making of applications under this Part; and (b) prescribing —(i) the requirements with which the fire and rescue management system of an amusement ride must comply; (ii) the procedure (including the carrying out of any inspection) for the renewal of any approval granted under section 36(3)(a) or any certificate of compliance; (iii) the fees payable for the purposes of this Part; and (iv) any other matters which are required to be prescribed for the purpose of this Part.

Back to Amusement Rides Safety Act 2011 — full text

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

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