The Minister is authorised to grant an exemption only if:
“the Minister is satisfied that the Crown or, as the case requires, the Crown authority is unable to take the steps necessary to comply with the provision, whether because of a lack of financial or other resources or for any other reason.”
The Minister is required to obtain the advice and recommendations of the Chief Health Officer. The Minister must have regard to that advice and those recommendations, but is not required to act in accordance with that advice and those recommendations.
The Minister may also attach conditions to an exemption.
An exemption can be issued for a period of up to 10 years. An exemption cannot be extended. However a new exemption may be created with the same terms or different terms.