Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Explosives) Regulations 2007

 

Dangerous Goods Safety (Explosives) Regulations 2007

CONTENTS

Part 1 — Preliminary matters

1.Citation1

2.Commencement1

3.Terms used in these regulations1

4.Examples and notes are not part of the law8

5.AE Code, general provisions about8

6.“Alternative safety measures”, meaning of8

7.“AS 2187”, meaning of and general provisions about9

8.“Explosive”, meaning of10

9.Classification of explosives11

10.“Supervised” and related terms, meaning of12

11.“Supply”, meaning of affected12

12.Explosives to which these regulations do not apply13

Part 2 — Administrative matters

13.Forms may be approved by Chief Officer15

14.Courses may be approved by Chief Officer15

15.Declaring a substance to be an explosive15

Part 3 — Security matters

16.Security clearance, meaning of16

17.Security card, application for16

18.Application to be referred to Commissioner of Police17

19.Commissioner of Police may object to person having a security card17

20.Security card, issue of19

21.Security card, cancelling20

22.Security documents to be carried and produced21

23.Licence holders may authorise employees to have access to explosives21

24.Licence holders to keep record of secure employees22

25.Secure employee to disclose employer’s details if asked23

Part 4 — Authorisation of explosives

Division 1 — Testing unauthorised explosives

26.Terms used in this Division24

27.Applying for test permit24

28.Dealing with applications for test permits25

29.Test permit, effect of26

Division 2 — Authorisation procedure

30.Applying to have explosive authorised27

31.Authorising explosives29

32.Register of authorised explosives30

Part 5 — General provisions about explosives

33.Terms used in this Part32

34.Signage at certain explosives facilities32

35.Guns in explosives facilities33

36.Explosives sites, duties of people at34

37.Ignition sources near explosives35

38.Fire risk substances near explosives36

39.People affected by alcohol etc. near explosives36

40.Packaging requirements for explosives37

41.Defective explosives not to be exported or supplied37

42.MPUs, use of38

43.Falsely representing an explosive is authorised38

44.“Reportable situations” prescribed (Act s. 9)38

Part 6 — Possession of explosives

Division 1 — Licensing requirements

45.Unauthorised explosives41

46.Possession for which no licence is required (Sch. 4)41

47.Authorised explosives, licences and permits entitling possession of42

Division 2 — Other requirements

48.Prohibited explosives, possession of illegal42

49.Children in possession of explosives42

50.Public places, possession in43

51.Licences etc. to be carried43

52.Duties to keep explosives secure43

Part 7 — Import and export of explosives

Division 1 — All imports and exports

53.Unauthorised explosives45

Division 2 — Interstate imports

54.Terms used in this Division45

55.Interstate import of fireworks45

Division 3 — International imports and exports

56.Terms used in this Division46

57.Authorised explosives, licence entitling import or export46

58.International import and export, procedure for47

59.Import or export, notice to Chief Officer47

60.Chief Officer may direct explosive to be analysed49

61.Records to be kept by licence holders49

62.Port operators may refuse import in certain cases49

Part 8 — Manufacture of explosives

Division 1 — Licensing requirements

63.Unauthorised explosives51

64.Authorised explosives, licensing for manufacture (Sch. 5)51

65.Bulk AN-based explosives, licences authorising manufacture of51

66.Fireworks, licence authorising manufacture of52

Division 2 — Other requirements

67.Containers of components to be marked53

68.Records to be kept by some manufacturers53

69.Documents to be kept at place of manufacture53

70.Bulk AN-based explosives, manufacture of54

71.MPUs in operation not to be left unattended54

72.Fireworks manufactured by licensee, supply and use of54

73.Filling ammunition55

Part 9 — Storage of explosives

Division 1 — Preliminary matters

74.Terms used in this Part56

Division 2 — Licensing requirements

75.Unauthorised explosives57

76.Authorised explosives, licensing for storage (Sch. 6)57

77.Shotfiring licence authorises limited storage57

78.Pyrotechnics (special use) licence authorises limited storage58

79.Fireworks contractor licence and fireworks operator licence authorise limited storage59

Division 3 — Storing Schedule 6 explosives

81.Application of this Division59

82A.Sparklers60

82.Cartridges for safety devices etc.61

83.Cartridges for nail guns etc.61

84.Emergency devices61

85.Ammunition propellant and black powder62

Division 4 — Storage under licences and permits other than explosives storage licences

86.Shotfiring licence holders, storage by62

87.Pyrotechnics (special use) licence holders, storage by62

88.Fireworks contractor licence holders, storage by63

89.Fireworks event permit holders, storage by63

Division 5 — Storage under an explosives storage licence

90.General requirements64

91.Underground storage, magazine requirements65

92.Explosives storage licence holders to keep inventories etc.66

93.Documents to be kept at storage places67

94.Magazines to be kept secure68

Part 10 — Transport of explosives

Division 1 — Preliminary matters

95.Terms used in this Part69

Division 2 — Licensing requirements

96.Unauthorised explosives70

97.Authorised explosives, licences entitling transport70

98.Shotfiring licence authorises limited transport72

99.Pyrotechnics (special use) licence authorises limited transport73

100.Fireworks contractor licence authorises limited transport73

101.Fireworks operator licence authorises limited transport73

102.MPUs, licensing requirements for74

Division 3 — Transport by road or rail

103.Application of this Division74

104.Contravention of AE Code Ch. 8 an offence74

105.Consignor’s duties75

106.Prime contractor’s duties75

107.Restrictions on transporting certain loads in CBDs76

Division 4 — Emergencies

108.Terms used in this Division77

109.Dangerous situations, duty to notify authorities77

Division 5 — Transport in mines

110.Contravention of certain provisions of AE Code an offence79

Part 11 — Supply of explosives

Division 1 — Licensing requirements

111.Unauthorised explosives81

112.Authorised explosives, licences authorising supply81

113.Import/export licence authorises limited supply82

114A.Explosives manufacture licence authorises limited supply82

114.Explosives manufacture (MPU) licence authorises limited supply82

115.Explosives transport licence authorises limited supply83

116.Explosives driver licence authorises limited supply83

Division 2 — Supplying explosives

117.Supply to unauthorised people prohibited83

118.Suppliers, duties when supplying84

119.Records to be kept by suppliers85

120.Receiver of explosives not to mislead supplier86

121.Sale in public prohibited86

Part 12 — Use of explosives other than fireworks

Division 1 — Preliminary

122.Term used in this Part87

123.Application of this Part87

Division 2 — Licensing requirements

124.Unauthorised explosives87

125.Authorised explosives, licences authorising use of87

Division 3 — General requirements

126.Occupier’s permission needed for use88

127.Manufacturer’s instructions for use to be followed88

128.Children using explosives89

Division 4 — Using explosives to blast, damage, destroy or demolish

129.No use without blast plan89

130.Blast plans, content of90

131.Blasting in townsite, permit required for90

132.General requirements for use92

133.Blast plans to be obeyed etc.92

134.Records to be kept about blasts93

Division 5 — Use of explosives under pyrotechnics (special use) licence

135.Holder of pyrotechnics (special use) licence, duties of94

Part 13 — Use of fireworks

Division 1 — Preliminary matters

136.Terms used in this Part95

Division 2 — Licensing requirements

137.Unauthorised explosives96

138.Fireworks, licences authorising use of96

139.Using certain fireworks outdoors other than at fireworks events97

Division 3 — General requirements

141.Occupier’s permission needed for use99

142.Manufacturer’s instructions for use to be followed99

143.General requirements for use99

144.Cracker chains, use of100

145.Records to be kept by fireworks contractors101

Division 4 — Fireworks events

146.Terms used in this Division101

147.Fireworks used at fireworks events, requirements for101

148.Fireworks event permits, preliminary matters102

149.Fireworks event permit, application for103

150.Dealing with applications for fireworks event permits105

151.Amending, suspending and cancelling fireworks event permits107

152.Fireworks event, conduct of108

153.Records to be kept by fireworks event permit holders108

Part 14 — Disposal of explosives

154.Who can dispose of explosives110

155.Improper disposal of explosives110

Part 15 — Licences

Division 1 — Preliminary matters

156.Terms used in this Part111

Division 2 — General matters

157.Applying for a licence112

158.Medical evidence114

159.Competency evidence115

160.Driver licence evidence115

161.Explosives management plans116

162.Chief Officer’s powers for dealing with applications for licences120

163.Licence for place that is or may be major hazard facility121

164.Deciding applications for licences122

165.Licences issued to bodies corporate and partnerships125

166.Conditions of licences126

167.Duration of licences127

168.Form of licences128

169.Licences not transferable etc.128

170.Licences may be surrendered128

171.Lost licences and cards may be replaced128

172.Amending licences129

173.Renewing licences, procedure for130

Division 3 — Suspending and cancelling licences

174.Grounds for suspending or cancelling132

175.Procedure for suspending or cancelling133

176.Suspension in urgent circumstances134

177.Licences etc. to be returned on cancellation etc.134

178.Suspension may be terminated134

Division 4 — Duties of licence holders

179.Wrong information, duty to correct135

180.Licence holder charged with or convicted of relevant offence to notify Chief Officer135

181.Licences relating to places, notification of development135

182.Condition of licence, contravening135

Division 5 — Miscellaneous matters

183.Register of licences136

184.Annual fee for major hazard facilities136

Part 16 — Fees for using State explosives facilities

185.Terms used in this Part138

186.Application of this Part138

187.Fees to be paid quarterly138

188.Fees for using SEF to manufacture explosives139

189.Fees for using SEF to store explosives139

190.Fees for using SEF to manufacture or store SRSs140

Part 17 — Miscellaneous matters

191.State land, manufacture or storage on141

192.“Safety management documents” prescribed (Act s. 3)141

193.False or misleading information, offences141

194.Explosives management plan, duties in respect of142

195.Conditions of a permit, contravening143

196.Permits have no effect if holder’s licence ceases to have effect143

197.Prescribed offences and modified penalties (Act s. 56)143

Part 18 — Transitional matters

198.Term used in this Part145

199.Authorised explosives145

200.Licences issued under Explosives and Dangerous Goods Act 1961145

201.Explosive vehicle licences issued under Dangerous Goods (Transport) Act 1998146

202.Security clearances required within one year after commencement147

203.Explosives management plans required within one year after commencement147

204.Explosives driver licence issued under Dangerous Goods (Transport) Act 1998148

205.State explosive facilities, when new fees apply149

206.Compliance with AE Code Second Edition a defence until 1 January 2010149

Schedule 1 — Fees

Schedule 2 — Prohibited explosives

1.Explosive containing chlorate etc.153

2.Fireworks, various types of153

Schedule 3 — Unrestricted fireworks

Schedule 4 — Explosives that may be possessed without a licence

1.Sparklers156

2.Cartridges for safety devices etc.156

3.Cartridges for nail guns etc.156

4.Emergency devices156

5.Ammunition, ammunition propellant and black powder156

6.Model rocket motors156

Schedule 5 — Explosives that may be manufactured without a licence

1.Ammunition for private use157

Schedule 6 — Explosives that may be stored without a licence

1.Sparklers158

2.Cartridges for safety devices etc.158

3.Cartridges for nail guns etc.158

4.Emergency devices158

5.Ammunition, ammunition propellant and black powder158

6.Model rocket motors159

Schedule 7 — Explosives that may be transported without a licence

1.Sparklers160

2.Cartridges for safety devices160

3.Cartridges for nail guns etc.160

4.Emergency devices160

5.Ammunition, ammunition propellant and black powder160

6.Model rocket motors161

Schedule 8 — Explosives that may supplied without a licence

1.Sparklers162

2.Cartridges for safety devices etc.162

3.Cartridges for nail guns etc.162

4.Emergency devices162

5.Ammunition, ammunition propellant and black powder162

Schedule 9 — Explosives that may be used without a licence

1.Sparklers163

2.Cartridges for safety devices etc.163

3.Cartridges for nail guns etc.163

4.Emergency devices163

5.Ammunition163

6.Model rocket motors164

Schedule 10 — Provisions for required plans

1.Terms used in this Schedule165

2.General matters165

3A.Emergency management plans165

3.Safety matters166

4.Security matters167

Schedule 11 — Central business districts

1.Fremantle central business district168

2.Perth central business district168

Notes

Compilation table170

Provisions that have not come into operation170

 

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Explosives) Regulations 2007

Part 1  Preliminary matters

1.Citation

These regulations are the Dangerous Goods Safety (Explosives) Regulations 2007.

2.Commencement

These regulations come into operation as follows:

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Act Part 3 comes into operation.

3.Terms used in these regulations

In these regulations, unless the contrary intention appears —

access to an explosive, includes having access to, or having the means of unlocking, a building, room, container, tank, vehicle or other thing, or a place, in which the explosive is situated;

Act means the Dangerous Goods Safety Act 2004;

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, Seventh edition, 2007, published by the Commonwealth of Australia (ISBN 1 921168 57 9) (also called the Australian Dangerous Goods Code) including (for the avoidance of doubt) its appendices;

AE Code means the Australian Code for the Transport of Explosives by Road and Rail, Third Edition 2009, published by the Commonwealth of Australia (ISBN 978 0 642 32747 5 or ISBN 978 0 642 32753 6) (also called the Australian Explosives Code) including (for the avoidance of doubt) its technical appendices;

aerial shell has the meaning given to that term by AS 2187.0;

alternative safety measures has the meaning given to that term in regulation 6;

ammunition means any cartridge or shell for a gun;

ammunition propellant means a deflagrating explosive in powder or granula form that is designed to be used in ammunition to provide propulsion, but not black powder;

ANFO means a mixture of ammonium nitrate and fuel oil or other oil;

approved code of practice means a code of practice approved under the Act section 20;

approved form means a form approved under regulation 13;

AS 2187 has the meaning given to that term by regulation 7;

AS 2187.0 has the meaning given to that term by regulation 7;

AS 2187.1 has the meaning given to that term in regulation 7;

AS 2187.2 has the meaning given to that term in regulation 7;

authorised explosive means an explosive authorised under regulation 31;

black powder means an explosive that is constituted by charcoal, sulphur and potassium nitrate or sodium nitrate in granula, meal, pellet or powder form and that deflagrates instead of detonating;

blasting explosive means an authorised explosive that is used to provide the majority of the force when blasting rock or similar solid material;

bulk AN-based explosive means ANFO, or any other explosive that consists mainly of ammonium nitrate, that is not packaged in the form of a cartridge, plug or stick;

classification code of an explosive, has the meaning given to that term in regulation 9;

constituent of an article, substance, or mixture of substances, that is or contains an explosive, means each individual constituent, whether it is an explosive or not, of the article, substance or mixture;

destroy an explosive, means to destroy it other than by initiating it;

district has the meaning given to that term by the Local Government Act 1995 section 1.4;

emergency device means an article, containing one or more explosives with or without other substances, that is designed to be used in distress or an emergency for signalling, warning or rescue purposes —

(a)to produce light, sound, gas, smoke, or a combination of them, by means of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction; or

(b)to propel an article, such as a line or a flare, through the air;

employee of a licence holder includes a partner of, and a person employed under a contract for services by, the holder;

explosive has the meaning given to that term in regulation 8;

fee means the relevant fee in Schedule 1;

FESA means the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998;

firework means an article or substance, containing one or more explosives with or without other substances, that is designed to entertain people by producing light, sound, gas, smoke, or a combination of them, by means of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction, but not a model rocket motor;

fireworks event has the meaning given to that term in regulation 136;

fireworks event permit means a fireworks event permit issued under Part 13 Division 4;

ground display has the meaning given to that term by AS 2187.0;

gun means a firearm, as that term is defined in the Firearms Act 1973, or any other weapon that uses an explosive to propel a missile;

holder of a licence or permit, means the person to whom the licence or permit is issued;

initiate an explosive, means to explode, fire or ignite it;

level 1 fine means —

(a)for an individual, a fine of $10 000;

(b)for a body corporate, a fine of $50 000;

level 2 fine means —

(a)for an individual, a fine of $5 000;

(b)for a body corporate, a fine of $25 000;

level 3 fine means —

(a)for an individual, a fine of $1 000;

(b)for a body corporate, a fine of $5 000;

licence means a licence issued or replaced under Part 15;

manufacture an explosive, includes —

(a)to mix it with any other substance; and

(b)to package it; and

(c)to put it into ammunition;

Material Safety Data Sheet (or MSDS) for an explosive, means a document in English that contains the information in relation to the explosive that is required by the National Code of Practice for the Preparation of Material Safety Data Sheets, 2nd Edition [NOHSC: 2011(2003)] published by the National Occupational Health and Safety Commission, whether or not the document is in the form required by that code of practice;

mine has the meaning given to that term in the Mines Safety and Inspection Act 1994 section 4(1);

mobile processing unit (or MPU) means a vehicle or a moveable piece of equipment (also called a mobile mixing unit or MMU) designed to transport the constituents of a bulk AN-based explosive to the place where the explosive will be manufactured and used;

model rocket motor means a commercially manufactured device designed to be used to propel a re-usable rocket built mainly of paper, wood or plastic for educational or recreational purposes;

MPU stands for mobile processing unit;

MSDS stands for Material Safety Data Sheet;

NEQ stands for net explosive quantity and, of an article or substance that contains an explosive and other constituents that are not explosives, means the net quantity of the explosive in the article or substance, excluding the other constituents;

personal details of an individual, means his or her name and address and a telephone number or numbers on which he or she can be contacted during and after working hours;

power device cartridge means a cartridge —

(a)that contains an explosive and a means of ignition; and

(b)that is not ammunition or a power tool cartridge; and

(c)that has been commercially manufactured; and

(d)that is designed to accomplish a mechanical action in order to activate —

(i)a safety device, such as an air bag or seat belt in a passenger vehicle or a fire extinguisher or parachute; or

(ii)a diaphragm, valve or switch;

power tool cartridge means a cartridge —

(a)that contains an explosive and a means of ignition; and

(b)that is not ammunition or a power device cartridge; and

(c)that has been commercially manufactured; and

(d)that is designed to be used to accomplish a mechanical action in a commercially manufactured industrial tool, such as a nail gun or humane killer;

prohibited explosive means an explosive referred to in Schedule 2;

proper shipping name of an explosive, means the proper shipping name for it under the AE Code;

required details of an explosive, means these details —

(a)the trade name of the explosive;

(b)the proper shipping name of the explosive;

(c)the UN Number of the explosive under the AE Code;

(d)the classification code of the explosive;

(e)a description of the explosive’s packaging or container;

(f)the quantity of the explosive;

road means a road or other place, other than at a mine, over which vehicles move, whether on private property or not, that is open to, or used by, the public, whether on payment of consideration or not;

secure, in relation to an explosive, means secure from sabotage, theft, unexplained loss, and access by any person who, under these regulations, is not authorised to possess the explosive;

secure employee of a licence holder, means an individual who —

(a)is an employee of the licence holder; and

(b)is authorised by the holder under regulation 23(2) to have unsupervised access to an explosive;

security card means a card issued under regulation 17;

security clearance for an individual, has the meaning given to that term by regulation 16;

security risk substance has the meaning given to that term by the Dangerous Goods Safety (Security Risk Substances) Regulations 2007 regulation 3;

sell includes to barter, exchange, offer for sale and expose for sale;

SRS stands for security risk substance;

State land means any Crown land (as that term is defined in the Land Administration Act 1997) or any land owned by the Crown, an agency of the Crown, the State or a government agency (as that term is defined in the Act section 51(1));

State explosives facility means any area of State land on which explosives or other dangerous goods are manufactured or stored;

store an explosive, does not include to put or keep the explosive in a vehicle while transporting the explosive;

supervised, in relation to access to an explosive, has the meaning given to that term by regulation 10(1);

supervised access by a person to an explosive, has the meaning given to that term by regulation 10(2);

supply includes to sell and has a meaning affected by regulation 11;

test permit means a permit issued under regulation 28;

unexplained loss of an explosive, means any loss or apparent loss of the explosive that cannot be explained by things such as product density changes, spillage, calibration variances and the effects of humidity;

unrestricted firework means a firework referred to in Schedule 3;

unsupervised access by a person to an explosive, has the meaning given to that term by regulation 10(3);

UNTC means the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, Fourth revised edition, published by the United Nations (ISBN 92 1 139087 7);

use an explosive, means to initiate or attempt to initiate it.

[Regulation 3 amended in Gazette 24 Nov 2009 p. 4737; 16 Mar 2012 p. 1173‑4.]

4.Examples and notes are not part of the law

Examples and notes in these regulations do not form part of them and are provided to assist understanding.

5.AE Code, general provisions about

(1)This regulation operates for the purposes of these regulations.

(2)A reference in the AE Code to the Competent Authority is to be taken to be a reference to the Chief Officer.

(3)If a provision of the AE Code conflicts or is inconsistent with a provision of these regulations, the provision of these regulations prevails.

6.“Alternative safety measures”, meaning of

(1)This regulation applies if a provision of these regulations says that alternative safety measures may be complied with instead of other requirements referred to in the provision (such as those of an Australian Standard) (primary requirements).

(2)A person who is required to comply with primary requirements in relation to the storage, handling or transport of an explosive may instead comply with alternative measures if —

(a)complying with the alternative measures results in a level of risk from the explosive to people, property and the environment that is equal to or lower than the level of risk that results from complying with the primary requirements; and

(b)the person makes and keeps a written record of the alternative measures and why they result in the equal or lower level of risk.

(3)If alternative measures with which a person complies, or purports or intends to comply, do not or will not result in the equal or lower level of risk referred to in subregulation (2)(a), the person is to be taken, for the purposes of the Act and in particular section 47 of it, to be contravening or about to contravene these regulations.

[Regulation 6 amended in Gazette 16 Mar 2012 p. 1174.]

7.“AS 2187”, meaning of and general provisions about

(1)In these regulations —

AS 2187 means AS 2187.0, AS 2187.1 or AS 2187.2;

AS 2187.0 means the Australian Standard AS 2187.0—1998, Explosives—Storage, transport and use, Part 0: Terminology, published by Standards Australia (ISBN 0 7337 1781 0);

AS 2187.1 means the Australian Standard AS 2187.1—1998, Explosives—Storage, transport and use Part 1: Storage, published by Standards Australia (ISBN 0 7337 1782 9) as read with AS 2187.0;

AS 2187.2 means the Australian Standard AS 2187.2—2006, Explosives—Storage and use, Part 2: Use of explosives, published by Standards Australia (ISBN 0 7337 7225 0) as read with AS 2187.0.

(2)A reference in AS 2187 to “appropriate authority”, “regulatory authority” or “regulatory authority having jurisdiction” is to be taken for the purposes of these regulations to be a reference to the Chief Officer.

(3)If a provision of AS 2187 conflicts or is inconsistent with a provision of these regulations, the provision of these regulations prevails.

8.“Explosive”, meaning of

(1)A substance or article is an explosive for the purposes of these regulations if —

(a)it satisfies the UNTC Test series 1 for determining if a substance or article has explosive properties; and

(b)it does not satisfy the UNTC Test series 2 for determining if a substance or article is too insensitive to be classified as dangerous goods of Class 1,

or it is declared to be an explosive by the Chief Officer under regulation 15.

(2)Without limiting subregulation (1), a substance or article is an explosive for the purposes of these regulations if —

(a)in the AE Code Appendix 2 —

(i)it is named in an entry in column (2) that is not an entry referred to in the AE Code Appendix 6; and

(ii)it is classified as Class 1 in column (3); and

(iii)it satisfies the criteria in any Special Provision in the AE Code Appendix 3 that is applied to it by column (6); and

(iv)it satisfies any criteria applied to it by column (12);

or

(b)it satisfies the tests and criteria in the UNTC for determining if a substance or article is dangerous goods of Class 1; or

(c)it satisfies the UNTC Test series 1 for determining if a substance or article has explosive properties and —

(i)is named or described in the ADG Code Appendix A; or

(ii)satisfies the tests and criteria in the UNTC for determining if a substance or article is too dangerous to transport.

[Regulation 8 amended in Gazette 24 Nov 2009 p. 4737‑8.]

9.Classification of explosives

(1)In this regulation, unless the contrary intention appears —

assigned means assigned —

(a)by using the tests and criteria in the ADG Code for classifying dangerous goods; or

(b)by the Chief Officer under regulation 15 or 31.

(2)This regulation operates for the purposes of these regulations and any provision of the AE Code or AS 2187 to which these regulations refer.

(3)A substance or article must be classified in accordance with the tests and criteria specified in the UNTC for determining if a substance or article is dangerous goods and if it is, whether it is too dangerous to transport.

(4)The classification code of an explosive is the combination of —

(a)the class number “1”; and

(b)the first or the first and second of the following in the following order —

(i)the number assigned to the explosive that indicates its division; and

(ii)the compatibility group letter assigned to the explosive that indicates its compatibility group.

Examples: An explosive with a classification code 1.2B means it has the class number 1, the division number 2, and the compatibility group letter B. An explosive with a classification code 1.4 means it has the class number 1 and the division number 4.

(5)If there is an inconsistency between the classification code assigned to an explosive by the AE Code, or by using the classification procedure in the ADG Code, and the classification code assigned to it by the Chief Officer under regulation 15 or 31, the latter is the explosive’s classification code for the purposes of these regulations.

[Regulation 9 amended in Gazette 16 Mar 2012 p. 1174‑5.]

10.“Supervised” and related terms, meaning of

(1)For the purpose of these regulations, an individual is supervised by another person when he or she has access to an explosive if at the time he or she —

(a)is in the presence of; or

(b)is in a place where any handling or removal of the explosive is controlled by,

the other person.

(2)For the purpose of these regulations, an individual has supervised access to an explosive if he or she has access to the explosive in circumstances where he or she is supervised by a licence holder who is authorised to possess the explosive or a secure employee of such a licence holder.

(3)For the purpose of these regulations, an individual has unsupervised access to an explosive if he or she has access to the explosive in circumstances where he or she is not supervised by a licence holder who is authorised to possess the explosive or a secure employee of such a licence holder.

11.“Supply”, meaning of affected

For the purposes of these regulations a person (“A”) does not supply an explosive to another person (“B”) if —

(a)as part of a service involving the use of an explosive provided by A to B, A provides and uses the explosive; and

(b)B does not take possession of or assume the control or management of the explosive.

12.Explosives to which these regulations do not apply

(1)These regulations do not apply to or in respect of an explosive if —

(a)it is a power device cartridge that is a standard component of, and is fitted to, a commercially manufactured article; or

(b)it is an unrestricted firework; or

(c)it is a model rocket motor in which the NEQ is not more than 5 g.

(2)These regulations do not apply to or in respect of an explosive if —

(a)the explosive is in a laboratory for analytical or research purposes; and

(b)there is not more than 0.5 kg of any kind of explosive in the laboratory; and

(c)the laboratory —

(i)is operated for lawful commercial purposes; or

(ii)is controlled and managed by a school, or a non‑government school, as those terms are defined in the School Education Act 1999; or

(iii)is controlled and managed by a university or other institution established for public purposes under a written law.

(3)These regulations do not apply to or in respect of an explosive if it is in the possession or under the control of —

(a)a DGO acting in the course of duty; or

(b)a police officer acting in the course of duty; or

(c)a member of the police force of another place who is in the State with the approval of the Commissioner of Police for the purposes of, or a purpose related to, law enforcement in this State, acting in the course of duty; or

(d)an officer of the Commonwealth, or a defence force of the Commonwealth, acting in the course of duty; or

(e)the air, military or naval force of another country that is in the State with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.

Part 2  Administrative matters

13.Forms may be approved by Chief Officer

(1)The Chief Officer may approve any form required for the purposes of these regulations.

(2)The form of an application to the Chief Officer may require an applicant to verify information in the form by means of a statutory declaration.

14.Courses may be approved by Chief Officer

(1)The Chief Officer may approve, for individuals applying for a licence, a test of competence or a training course or both.

(2)The Chief Officer may only approve such a test or course if he or she considers that individuals who pass the test, or complete the course, will be competent to engage in the activities that would be authorised by the licence concerned.

[Regulation 14 amended in Gazette 16 Mar 2012 p. 1175.]

15.Declaring a substance to be an explosive

(1)The Chief Officer may declare a substance or article to be an explosive for the purposes of these regulations and may at any time, by a subsequent declaration, cancel such a declaration.

(2)Any such declaration must —

(a)be in writing; and

(b)in accordance with the ADG Code, assign the explosive a classification code; and

(c)be published in the Gazette.

(3)A substance or article is not an authorised explosive only because it is declared to be an explosive by the Chief Officer.

[Regulation 15 amended in Gazette 16 Mar 2012 p. 1175.]

Part 3  Security matters

16.Security clearance, meaning of

(1)In this regulation, a card or authorisation is valid if —

(a)it has not expired; and

(b)it has not been cancelled; and

(c)it has not been altered or defaced, whether permanently or temporarily.

(2)A person who has a valid security card has a security clearance for the purposes of these regulations.

(3)A person who has a valid written authorisation, such as a licence or permit, that —

(a)is issued under the law of another State or a Territory that corresponds to the Act; and

(b)authorises the individual to have unsupervised access to an explosive or an SRS,

has a security clearance for the purposes of these regulations unless the person’s usual place of residence is in this State and has been for more than 3 months.

17.Security card, application for

(1)A person who wants a security card must apply to the Chief Officer.

(2)Only a natural person can apply for a security card.

(3)The application must —

(a)be made in the approved form; and

(b)include the applicant’s consent to the release to the Commissioner of Police by any law enforcement agency in or outside Australia, and by the Australian Security Intelligence Organisation of the Commonwealth, of any information about the applicant that is or may be relevant to the matters listed in regulation 19(5); and

(c)be accompanied by any documents specified in the approved form; and

(d)be accompanied by the fee.

(4)For the purposes of deciding an application for a security card, the Chief Officer may request the applicant —

(a)to give the Chief Officer any other information that is reasonably necessary to decide the application;

(b)to give the Commissioner of Police, for the purposes of verifying the applicant’s identity and personal details —

(i)a print of the applicant’s hands (including fingers), feet (including toes) or ears;

(ii)a photograph of the applicant;

(iii)the applicant’s DNA profile.

(5)An applicant who does not obey such a request within 21 days after the date on which it is made, or any longer period permitted by the Chief Officer, is to be taken to have withdrawn the application and is entitled to a refund of the fee.

(6)The Commissioner of Police must destroy any material obtained from an applicant under subregulation (4)(b), and any copy of it, as soon as practicable after the applicant’s identity and personal details are verified for the purposes of the application.

18.Application to be referred to Commissioner of Police

The Chief Officer must refer an application made under regulation 17 to the Commissioner of Police.

19.Commissioner of Police may object to person having a security card

(1)In this regulation —

Commissioner means the Commissioner of Police;

relevant person means —

(a)a person who has applied under regulation 17 for a security card; or

(b)a person who has a security card.

[(2)deleted]

(3)The Commissioner may object under subregulation (4) —

(a)on being referred an application under regulation 18 or at any time before the Chief Officer decides the application; or

(b)at any time in respect of a person who has a security card.

(4)The Commissioner may object to a relevant person having a security card if the Commissioner considers the person ought not to have possession of any explosive or SRS because there is a risk the person —

(a)might use it for criminal purposes; or

(b)might supply it to another person who might use it for criminal purposes.

(5)In deciding whether to object under subregulation (4), the Commissioner may take into account any of these matters —

(a)any conviction that the relevant person has in this State or elsewhere;

(b)any conviction that a person with whom the relevant person associates has in this State or elsewhere;

(c)any violence restraining order issued under the Restraining Orders Act 1997 against the relevant person;

(d)any order issued outside this State against the relevant person that is substantially similar to a violence restraining order issued under the Restraining Orders Act 1997;

(e)any security assessment (within the meaning given to that term by Part IV of the Australian Security Intelligence Organisation Act 1979 (Commonwealth)) made of the relevant person, or of a person with whom the relevant person associates, that is adverse;

(f)any false or misleading information given by the relevant person in or in respect of his or her application for a security card;

(g)any other matter the Commissioner considers relevant.

(6)Any objection made by the Commissioner under this regulation must be in writing, include reasons for the objection and be given to the Chief Officer.

[Regulation 19 amended in Gazette 21 Aug 2009 p. 3271-2.]

20.Security card, issue of

(1)In this regulation —

application means an application made under regulation 17.

(2)The Chief Officer must refuse an application if —

(a)the Chief Officer is not satisfied the applicant has reached 18 years of age; or

(b)the Chief Officer has not verified the applicant’s identity and personal details to the Chief Officer’s satisfaction.

(3)The Chief Officer may refuse an application if —

(a)the application has been referred to the Commissioner of Police; and

(b)the Commissioner of Police objects under regulation 19 to the applicant having a security card.

(4)Unless subregulation (2) applies, the Chief Officer must grant an application if —

(a)the application has been referred to the Commissioner of Police; and

(b)the Commissioner of Police has not objected under regulation 19 to the applicant having a security card.

(5)A security card must —

(a)display a photograph of the holder; and

(b)show the personal details of the holder; and

(c)contain such other information as the Chief Officer decides; and

(d)be in such form as the Chief Officer decides.

(6)A security card is valid for 5 years unless sooner cancelled by the Chief Officer.

(7)An applicant whose application is refused is not entitled to a refund of the fee.

21.Security card, cancelling

(1)The Chief Officer may cancel a person’s security card if the Commissioner of Police objects under regulation 19 to the person having a security card.

(2)On cancelling a security card, the Chief Officer must give the holder written notice of the cancellation and of the effect of subregulations (3) to (5).

(3)A holder of a security card who receives a notice given under subregulation (2) must, within 7 days after receiving the notice, return the card to the Chief Officer.

Penalty: a level 3 fine.

(4)A holder of a security card who receives a notice given under subregulation (2) must, within 7 days after receiving the notice, return any licence, or any licence issued under the Dangerous Goods Safety (Security Risk Substances) Regulations 2007, issued to him or her to the Chief Officer.

Penalty: a level 3 fine.

(5)A holder of a security card who receives a notice given under subregulation (2) and who is the employee of a licence holder must notify the licence holder of the cancellation as soon as practicable after receiving the notice.

Penalty: a level 3 fine.

22.Security documents to be carried and produced

(1)In this regulation —

security document means a security card, or a written authorisation, that has been issued to a person and that, under regulation 16, means the person has a security clearance.

(2)A person who has a security document and who is in possession of an explosive or an SRS must carry the document or have it in the vehicle in which he or she is travelling or at the place where he or she is in possession of the explosive or SRS.

Penalty: a level 3 fine.

(3)A person who has a security document and who is in possession of an explosive or an SRS must, if asked to do so by a DGO, immediately produce it to the DGO for inspection.

Penalty: a level 3 fine.

[Regulation 22 amended in Gazette 16 Mar 2012 p. 1175.]

23.Licence holders may authorise employees to have access to explosives

(1)A licence holder may authorise an employee of the licence holder to have, in the course of the employee’s duties, access to an explosive in the licence holder’s possession and may cancel such an authorisation at any time.

(2)A licence holder must not authorise an employee of the holder to have unsupervised access to an explosive in the course of the employee’s duties unless —

(a)the employee has a security clearance; and

(b)the licence holder is satisfied that the employee is suitably trained to safely handle any explosive to which the employee will have unsupervised access.

Penalty: a level 2 fine.

(3)A licence holder must not authorise an employee of the holder who is not a secure employee of the holder to have access to an explosive in the course of the employee’s duties unless the employee is supervised while having access to the explosive by —

(a)the licence holder; or

(b)a secure employee of the licence holder acting in the course of the employee’s duties.

Penalty: a level 2 fine.

(4)An employee of a licence holder who, under an authorisation given under this regulation, has access to an explosive in the course of his or her duties may have possession of the explosive in the course of those duties.

(5)An employee authorised under subregulation (3) is not authorised by subregulation (4) to have possession unless the employee is supervised as required by subregulation (3).

24.Licence holders to keep record of secure employees

(1)A licence holder must keep a proper record of each of the licence holder’s secure employees.

Penalty: a level 2 fine.

(2)For the purpose of subregulation (1), a proper record is not kept of a secure employee unless a written record is made of this information —

(a)the name and residential address of the secure employee;

(b)the details of every security card the employee is issued;

(c)if the employee does not have a security card but is a person referred to in regulation 16(3) —

(i)the details of the written authorisation referred to in regulation 16(3) that the person holds; and

(ii)if the employee’s usual place of residence is in the State, the date on which the employee took up such residence in the State;

(d)the date on which the holder, under regulation 23(2), authorised the employee to have unsupervised access to an explosive in the holder’s possession;

(e)if the authorisation given under regulation 23(2) is cancelled, the date on which it is cancelled,

and is kept for 2 years after the date on which the employee ceases to be a secure employee of the licence holder.

25.Secure employee to disclose employer’s details if asked

A secure employee who is in possession of an explosive must, if asked by a DGO to do so, give the DGO the name and address of the employee’s employer who authorised the employee to have access to the explosive.

Penalty: a level 3 fine.

Part 4 — Authorisation of explosives

Division 1 — Testing unauthorised explosives

26.Terms used in this Division

In this Division —

unauthorised explosive means an article or substance that is neither an authorised explosive nor a prohibited explosive and that is intended to be manufactured or used to produce an explosion or a pyrotechnic effect by means of a chemical reaction.

27.Applying for test permit

(1)A person may apply for a test permit for an unauthorised explosive.

(2)The application must —

(a)be in an approved form; and

(b)include as much of the other information referred to in regulation 30(2) as the applicant can reasonably obtain in respect of the unauthorised explosive; and

(c)as to the proposed test of the unauthorised explosive, state the following —

(i)the purpose of the test;

(ii)the date when the test will begin and the estimated date when it will end;

(iii)if it is intended to manufacture the unauthorised explosive for the test in the State, where it is intended to do so;

(iv)where the test will be conducted;

(v)the estimated amount of the unauthorised explosive that will be used in the test;

(vi)the name of the person who will supervise the test;

and

(d)be accompanied by the fee; and

(e)be made to the Chief Officer.

28.Dealing with applications for test permits

(1)On an application made under regulation 27, the Chief Officer may request an applicant to supply any other information about the unauthorised explosive or the proposed test that the Chief Officer believes is reasonably necessary to decide whether to issue a test permit or not.

(2)On an application made under regulation 27, the Chief Officer —

(a)may issue a test permit to the applicant; or

(b)may refuse to issue the permit.

(3)The Chief Officer must not issue a test permit for an unauthorised explosive unless he or she is satisfied —

(a)that the unauthorised explosive may have a legitimate use; and

(b)that the activities which the permit would allow can be carried out safely.

(4)A test permit may be subject to conditions decided by the Chief Officer and imposed when or after the permit is issued.

(5)Conditions that may be imposed include conditions as to when, where and under what circumstances the activities authorised by the permit may be carried out.

(6)In addition to any conditions imposed by the Chief Officer, a test permit is subject to these conditions —

(a)the test must not be conducted without the written consent of the owner or occupier of the place where the test is conducted;

(b)the holder of the permit must ensure the test is conducted in accordance with the information about the proposed test given in the application for the test permit;

(c)as soon as practicable after the test ends the holder must give the Chief Officer a written report about the test including —

(i)the results of the test; and

(ii)whether the holder intends to apply to have the unauthorised explosive authorised.

(7)A test permit for an unauthorised explosive must —

(a)be in writing; and

(b)describe the unauthorised explosive; and

(c)subject to regulation 29, state the activities authorised by the permit in connection with testing the unauthorised explosive; and

(d)state the conditions to which it is subject; and

(e)state when the permit expires; and

(f)be signed by the Chief Officer.

(8)The Chief Officer may amend or cancel a test permit.

(9)The Chief Officer must give an applicant written notice of a decision made under this regulation as soon as practicable after it is made.

29.Test permit, effect of

(1)A test permit in respect of an unauthorised explosive entitles the holder, subject to the conditions in it —

(a)to possess and use the unauthorised explosive; and

(b)to carry out any activity specified in the permit,

for the purposes of testing it with a view to applying to have it authorised.

(2)The holder of a test permit is not authorised to supply the unauthorised explosive to which the permit relates to another person but may supply it to a secure employee of the holder in the course of his or her duties as such.

Division 2 — Authorisation procedure

30.Applying to have explosive authorised

(1)A person, by applying to the Chief Officer, may request the Chief Officer —

(a)to authorise an explosive that is neither an authorised explosive nor a prohibited explosive; or

(b)to change any particulars of the authorisation of an explosive.

(2)The application must —

(a)be in an approved form; and

(b)state the explosive’s proper shipping name; and

(c)as to the nature of the explosive —

(i)state the explosive’s design and formulation; and

(ii)fully describe each of the explosive’s constituents, and the amount of each constituent in the explosive by weight or by volume; and

(iii)if the explosive is in an article or substance with other constituents, state the NEQ of the article or substance; and

(iv)state how the explosive works and may be initiated; and

(v)state the effect of the explosive when it is initiated; and

(vi)state the purposes for which it is designed to be used; and

(vii)be accompanied by an MSDS for the explosive;

and

(d)as to the manufacture of the explosive, state —

(i)the name and address of the explosive’s manufacturer; and

(ii)the place where the explosive is manufactured; and

(iii)for how long the manufacturer has manufactured the explosive; and

(iv)the explosive’s use-by date, if any;

and

(e)if the explosive is packaged —

(i)fully describe the package’s design and composition; and

(ii)set out the markings on the package; and

(iii)state the NEQ in each package; and

(iv)state the result of any test conducted on the packaging, and any approval number given to the packaging, under the AE Code;

and

(f)as to authorising the explosive, state —

(i)the UN number of the explosive in the AE Code; and

(ii)the result of any test conducted on the explosive under the UNTC for the purpose of classifying it under the UNTC tests; and

(iii)the classification code given to the explosive under the ADG Code and under the law of the Commonwealth, another State or a Territory;

and

(g)set out the history of the explosive’s use (including any adverse experiences) in Australia and elsewhere; and

(h)if the explosive is suitable to be used underground, include information about why it is suitable and about any tests carried out on it to decide its suitability; and

(i)include written directions by the explosive’s supplier for its safe use and disposal; and

(j)be accompanied by the fee.

[Regulation 30 amended in Gazette 16 Mar 2012 p. 1175‑6.]

31.Authorising explosives

(1)On an application made under regulation 30, the Chief Officer may request an applicant —

(a)to supply any other information about the explosive that the Chief Officer believes is reasonably necessary to determine its design, formulation and constituents;

(b)to supply drawings or photographs of the explosive;

(c)to supply a sample of the explosive;

(d)to conduct tests on the explosive to determine any of the matters in subregulation 30(2)(c).

(2)An applicant who does not obey such a request within 21 days after the date on which it is made, or any longer period permitted by the Chief Officer, is to be taken to have withdrawn the application and is entitled to a refund of the fee.

(3)On an application made under regulation 30, the Chief Officer must either —

(a)refuse to authorise it; or

(b)authorise it.

(4)On his or her own initiative, the Chief Officer may —

(a)authorise an explosive;

(b)cancel the authorisation of an explosive;

(c)assign an authorised explosive a different classification code;

(d)amend any particulars of the authorisation of an explosive.

(5)If the Chief Officer authorises an explosive, he or she must assign it a classification code in accordance with the ADG Code.

(6)For the purposes of authorising explosives, the Chief Officer —

(a)may authorise a single article or substance named or specified in the authorisation;

(b)may authorise a category of explosives described by a generic name and a generic description of the category’s design, formulation and constituents set out in the authorisation.

(7)The Chief Officer must not authorise an explosive unless satisfied that the explosive —

(a)has a legitimate use; and

(b)can be safely handled, stored and transported,

by suitably licensed people.

(8)The Chief Officer must give an applicant written notice of a decision made under this regulation as soon as practicable after it is made.

[Regulation 31 amended in Gazette 16 Mar 2012 p. 1176.]

32.Register of authorised explosives

(1)The Chief Officer must keep a record in a register of —

(aa)the UN number under the AE Code of every authorised explosive; and

(a)the proper shipping name, or the generic name, of every authorised explosive; and

(b)the trade name, if any, of every authorised explosive; and

(c)the design, formulation and constituents of every authorised explosive; and

(d)the classification code assigned to every authorised explosive.

(2)The register may be in any form the Chief Officer decides.

(3)Any person is entitled to inspect in the register the trade name, the proper shipping name or the generic name, and the classification code, of every authorised explosive.

(4)A person is not entitled to inspect in the register information about the design, formulation or constituents of an authorised explosive unless that information about that explosive is otherwise available to the public.

[Regulation 32 amended in Gazette 16 Mar 2012 p. 1176.]

Part 5  General provisions about explosives

33.Terms used in this Part

In this Part —

explosives facility means an explosives factory, or a place to which an explosives storage licence relates;

explosives facility licence means —

(a)an explosives manufacture licence; or

(b)an explosives storage licence;

explosives factory means a place where there is a building or structure that is used or intended to be used for, or for any purpose incidental to or associated with, the manufacture of any explosive but does not include an MPU;

explosives site means a place —

(a)where explosives are stored or handled; or

(b)where the loading or unloading of explosives in connection with transporting them is carried out.

34.Signage at certain explosives facilities

(1)If at a place to which an explosives facility licence relates there is —

(a)more than 2.5 kg of explosives with a classification code of 1.1, 1.2 or 1.5; or

(b)more than 15 kg of explosives with a classification code of 1.3; or

(c)more than 30 kg of explosives with a classification code of 1.4,

the holder of the licence must ensure that the place has proper perimeter signage.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), a place has proper perimeter signage if —

(a)there is a “HAZCHEM” outer warning placard that complies with the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 Schedule 4 clause 2 —

(i)at every entrance to the place on its perimeter; or

(ii)at a position or positions approved in writing by FESA;

and

(b)each such placard complies with regulation 71 of those regulations.

(3)The holder of an explosives facility licence must ensure that any magazine, whether it is portable or not, that is in the place to which the licence relates is marked in accordance with AS 2187.1 section 2.1.3.

Penalty: a level 2 fine.

[Regulation 34 amended in Gazette 16 Mar 2012 p. 1176.]

35.Guns in explosives facilities

(1)A person must not carry a gun in an explosives facility unless the person —

(a)is a police officer acting in the course of duty; or

(b)has a security officer’s licence under the Security and Related Activities (Control) Act 1996, is authorised under that Act to possess the gun, and is acting under a contract between a security agent (as that term is defined in that Act) and the person who occupies the facility; or

(c)controls and manages the facility and the facility is not, or is not situated in, a State explosives facility.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)A DGO, the occupier of an explosives facility, or a person referred to in subregulation (1)(a) or (b), who reasonably suspects a person is contravening subregulation (1) may use reasonable force to remove the person from the facility.

36.Explosives sites, duties of people at

(1)In this regulation —

responsible person in respect of an explosives site, means —

(a)a person who is authorised under these regulations to possess an explosive on the site and who has the control and management of the explosive; or

(b)the person who controls and manages the site; or

(c)if the site is in a State explosives facility, a DGO.

(2)A person must not enter an explosives site except with the permission of a responsible person.

(3)A person must not enter a State explosives facility unless he or she —

(a)holds at least one of these licences that relates to a place in the facility —

(i)an explosives manufacture licence;

(ii)an explosives storage licence;

or

(b)holds at least one of these licences, issued under the Dangerous Goods Safety (Security Risk Substances) Regulations 2007, that relates to a place in the facility —

(i)an SRS manufacture licence;

(ii)an SRS storage licence;

or

(c)is a secure employee of the holder of such a licence acting in the course of his or her duties as such; or

(d)has permission to enter the facility from the Chief Officer or a DGO.

(4)A person at an explosives site who is not a responsible person must comply with any lawful and reasonable direction of a responsible person at the site given for the purpose of ensuring the safety of people, property or the environment at the site or the security of any explosive at the site.

(5)Unless he or she has a reasonable excuse not to, a person at an explosives site who becomes aware of a dangerous goods incident, or a dangerous situation, at the site must immediately report it to a responsible person.

(6)A person at an explosives site must not, without reasonable excuse, remove, obscure or interfere with —

(a)any sign, or other display of information, about safety or security at the site; or

(b)any marking on a package containing an explosive.

(7)A person at an explosives site must not, without reasonable excuse, handle an explosive at the site unless he or she —

(a)holds a licence that authorises him or her to do so; or

(b)does so in the course of his or her duties as a secure employee of a person who holds a licence that authorises that person to do so; or

(c)does so while supervised by a person referred to in paragraph (a) or (b).

Penalty: a level 1 fine and imprisonment for 10 months.

37.Ignition sources near explosives

(1)A person must not carry a source of ignition in a magazine in which there are explosives.

(2)A person in possession of an explosive must ensure that no source of ignition is so near the explosive that it could cause the unintended initiation of the explosive.

Penalty: a level 2 fine.

(3)Subregulation (2) does not apply to a source of ignition carried for the purposes of initiating the explosive by a person who is authorised to use the explosive.

38.Fire risk substances near explosives

(1)A person in possession of an explosive must ensure that no substance that is readily ignited is so near the explosive that, if the substance were ignited, it could cause the unintended initiation of the explosive.

Penalty: a level 3 fine.

(2)Subregulation (1) does not apply to a substance —

(a)that is a component of the explosive; or

(b)that is in the fuel system of a diesel engine.

39.People affected by alcohol etc. near explosives

(1)In this regulation —

affected person means a person adversely affected by alcohol or a drug to an extent that is likely to increase the risk to people (including the affected person), property or the environment in relation to any explosive near the person or that the person might handle.

(2)A person in possession of an explosive who reasonably suspects that a person in the vicinity of the explosive is an affected person, may order the person to leave the vicinity.

(3)A person given an order under subregulation (2) must obey it.

(4)An affected person must not be on an explosives site.

(5)An affected person must not handle an explosive.

(6)An affected person must not be on a vehicle transporting an explosive.

Penalty: a level 2 fine.

40.Packaging requirements for explosives

(1)In this regulation —

packaging for an explosive includes not only the packaging or article that contains and is in immediate contact with the explosive (the inner packaging) but also any packaging outside the inner packaging and any thing that contains packages of explosives or in which explosives are transported.

(2)A person must not store, transport or supply an explosive unless it is properly packaged.

Penalty: a level 2 fine.

(3)For the purposes of subregulation (2), an explosive is not properly packaged unless —

(a)any packaging containing the explosive is constructed and marked in accordance with the AE Code; and

(b)the explosive is packed in packaging in accordance with the AE Code; and

(c)any information about the explosive on packaging containing the explosive is in English and is correct and not misleading.

41.Defective explosives not to be exported or supplied

(1)A person must not export or supply an explosive that is defective.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)For the purposes of subregulation (1), but without limiting when an explosive is defective, an explosive is defective if —

(a)it is damaged or has deteriorated; or

(b)its use-by date (if any) has passed.

(3)For the purposes of subregulation (2)(a), but without limiting when an explosive has deteriorated, an explosive is to be taken to have deteriorated if it shows any of the signs of deterioration described in AS 2187.2 Appendix G.

42.MPUs, use of

(1)A person must not use an MPU to transport the constituents of, or to manufacture, an explosive unless it is a complying MPU.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), an MPU is a complying MPU if —

(a)it is designed, constructed, marked and placarded in accordance with the requirements of an approved code of practice (if any), or alternative safety measures, for MPUs; and

(b)it carries a copy of the MSDS —

(i)for each substance transported by the MPU that is a constituent of an explosive; and

(ii)for any explosive that can be manufactured from those constituents.

(3)A person must not transport an explosive in an MPU on a road.

Penalty: a level 2 fine.

[Regulation 42 amended in Gazette 16 Mar 2012 p. 1176.]

43.Falsely representing an explosive is authorised

A person must not falsely represent an unauthorised explosive to be an authorised explosive.

Penalty: a level 1 fine and imprisonment for 10 months.

44.“Reportable situations” prescribed (Act s. 9)

(1)In this regulation —

explosive does not include an explosive named in Schedule 4.

(2)Each of the following is prescribed to be a reportable situation for the purposes of the definition of “reportable situation” in the Act section 9(1) —

(a)any dangerous goods incident that involves an explosive;

(b)any malfunction of an explosive not involving a misfire;

(c)any theft or attempted theft or any unexplained loss of an explosive.

(3)The following is prescribed as the information to be included in the report required by the Act section 9(2) in respect of the reportable situation —

(a)when and where the situation happened;

(b)the nature of the situation;

(c)the required details of the explosives that were present at the situation when it happened;

(d)details of any death of or harm to a person;

(e)details of any damage or harm to property or the environment;

(f)what the person making the report believes is the likely cause of the situation;

(ga)the measures taken to control any leak, spill or accidental escape of explosives, and any fire or explosion, arising out of the situation;

(g)the measures taken after the situation in relation to the explosives involved in the situation;

(h)the measures taken after the situation to prevent a similar situation happening again;

(i)the name of each person who had the control and management of the explosive when the situation happened;

(j)if a person who had the control and management of the explosive when the situation happened held a licence, or a permit issued under these regulations, at the time —

(i)the details of the licence or permit; and

(ii)if the person was a body corporate or partnership, the name of the individual concerned in the management of, or employed by, the body or partnership who was responsible for the security of the explosive at the time.

[Regulation 44 amended in Gazette 16 Mar 2012 p. 1177.]

Part 6 — Possession of explosives

Division 1 — Licensing requirements

45.Unauthorised explosives

A person in possession of an explosive that is neither a prohibited explosive nor an authorised explosive must —

(a)hold a test permit that authorises possession of the explosive; or

(b)be acting in the course of his or her duties as a secure employee of the holder of such a permit; or

(c)be being supervised by the holder of such a permit, or a secure employee of such a holder acting in the course of the employee’s duties.

Note: the Act s. 12 (Unlicensed possession of dangerous goods).

46.Possession for which no licence is required (Sch. 4)

A person does not have to hold a licence that authorises the possession of an explosive if it is an authorised explosive and —

(a)the explosive is named in, and the person possesses it in accordance with, Schedule 4; or

(b)the person possesses it in the course of his or her duties as a secure employee of the holder of a licence that authorises the holder to possess the explosive in the circumstances; or

(c)the person possesses the explosive while being supervised by the holder of a licence that authorises the holder to possess the explosive in the circumstances, or by a secure employee of such a holder acting in the course of the employee’s duties.

47.Authorised explosives, licences and permits entitling possession of

Unless regulation 46 applies, a person in possession of an authorised explosive must hold at least one of these that authorises the person to possess the explosive at the time and in the circumstances —

(a)an explosives import/export licence;

(b)an explosives manufacture licence;

(c)an explosives manufacture (MPU) licence;

(d)an explosives storage licence;

(e)an explosives transport licence;

(f)an explosives driver licence;

(g)a shotfiring licence;

(h)a fireworks contractor licence;

(i)a fireworks operator licence;

(j)a fireworks event permit;

(k)a pyrotechnics (special use) licence.

Note: the Act s. 12 (Unlicensed possession of dangerous goods).

Division 2 — Other requirements

48.Prohibited explosives, possession of illegal

A person must not be in possession of a prohibited explosive.

Penalty: a level 1 fine and imprisonment for 10 months.

[Regulation 48 amended in Gazette 16 Mar 2012 p. 1177.]

49.Children in possession of explosives

A person under 18 years of age must not be in possession of an explosive unless the explosive is named in, and is possessed in accordance with, Schedule 4.

Penalty: a level 3 fine.

50.Public places, possession in

A person must not be in possession of an explosive in a public place unless in the circumstances the person has a reasonable reason.

Penalty: a level 2 fine.

51.Licences etc. to be carried

(1)A person who holds a licence that authorises the person to possess an explosive and who is in possession of the explosive must carry —

(a)the licence; or

(b)if a card has been issued to the holder under regulation 168(2) in relation to the licence, the card,

or have it in the vehicle in which he or she is travelling or at the place where he or she is in possession of the explosive.

Penalty: a level 3 fine.

(2)A DGO may ask a person in possession of an explosive to produce to the DGO the licence, card or certificate that this regulation requires the person to carry.

(3)A person in possession of an explosive must obey such a request.

Penalty: a level 3 fine.

52.Duties to keep explosives secure

(1)In this regulation —

unauthorised person in relation to an explosive, means a person who is not authorised to possess the explosive under the Act or these regulations.

(2)A person in possession of an explosive, other than an explosive named, and possessed in circumstances described, in Schedule 4, must keep it secure.

(3)A person in possession of an explosive, other than an explosive named, and possessed in circumstances described, in Schedule 4, must take all reasonable measures to ensure that an unauthorised person does not have unsupervised access to the explosive.

Penalty: a level 1 fine and imprisonment for 10 months.

Part 7 — Import and export of explosives

Division 1 — All imports and exports

53.Unauthorised explosives

A person who imports to the State an unauthorised explosive must hold a test permit that authorises the person to import it.

Division 2 — Interstate imports

54.Terms used in this Division

In this Division, unless the contrary intention appears —

import means to import to the State from another State or a Territory.

55.Interstate import of fireworks

(1)The holder of an explosives transport licence who imports a firework must give the Chief Officer, at least 24 hours before the time when the explosive is expected to arrive in the State, a fireworks (interstate import) notice in respect of the firework.

Penalty: a level 3 fine.

(2)A fireworks (interstate import) notice must be in an approved form and contain this information —

(a)the details of the explosives transport licence held by the person importing the firework;

(b)the name and address of both the consignee and consignor of the firework;

(c)the required details of the firework;

(d)details that identify the vehicle that will transport the firework into the State;

(e)the date and time when the firework is expected to arrive in the State;

(f)the port or place where the firework will arrive in the State.

Division 3 — International imports and exports

56.Terms used in this Division

In this Division, unless the contrary intention appears —

export means to export from the State to a country outside Australia ;

import means to import to the State from a country outside Australia ;

international requirements —

(a)for explosives being transported by water — means the latest edition of the International Maritime Dangerous Goods Code published by the International Maritime Organisation;

(b)for explosives being transported by air — means the latest edition of the Dangerous Goods Regulations published by the International Air Transport Association.

57.Authorised explosives, licence entitling import or export

(1A)This regulation does not apply to a sparkler that is an authorised explosive.

(1)A person who imports an authorised explosive must hold an explosives import/export licence that authorises the import.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)A person who exports an authorised explosive must hold an explosives import/export licence that authorises the export.

Penalty: a level 1 fine and imprisonment for 10 months.

(3)Subregulations (1) and (2) do not apply to an emergency device that is on a vehicle being imported and that, under the law of Australia or another country, has to be carried on the vehicle.

[Regulation 57 amended in Gazette 16 Mar 2012 p. 1177.]

58.International import and export, procedure for

The holder of an explosives import/export licence that authorises the import or export of an authorised explosive must not import or export the explosive unless the holder has given the Chief Officer the following —

(a)if the explosive is being imported — an explosives import notice under regulation 59 in respect of the explosive at least 7 days before the date when the explosive is expected to arrive in the State;

(b)if the explosive is being exported — an explosives export notice under regulation 59 in respect of the explosive at least 7 days before the date when the explosive is expected to leave the State;

(c)an MSDS for the explosive.

Penalty: a level 2 fine.

59.Import or export, notice to Chief Officer

(1)An explosives import notice in respect of an explosive must be in an approved form and contain this information —

(a)the details of the explosives import/export licence held by the person importing the explosive;

(b)the name and address of both the consignee and consignor of the explosive;

(c)the required details of the explosive being imported;

(d)a certificate that the explosive —

(i)is an authorised explosive; and

(ii)is packaged in accordance with the relevant international requirements; and

(iii)is in a safe condition to be transported;

(e)the country from which the explosive is being imported;

(f)details that identify the vehicle that will transport the explosive into the State;

(g)the date when the explosive is expected to arrive in the State;

(h)the port or place where the explosive will arrive in the State;

(i)the details of the explosives transport licence held by the person who will transport the explosive in the State from the port or place where the explosive arrives in the State;

(j)where the explosive will be initially stored after it arrives in the State.

(2)An explosives export notice in respect of an explosive must be in an approved form and contain this information —

(a)the details of the explosives import/export licence held by the person importing the explosive;

(b)the name and address of both the consignee and consignor of the explosive;

(c)the required details of the explosive being exported;

(d)a certificate that the explosive —

(i)is packaged in accordance with the relevant international requirements; and

(ii)is in a safe condition to be transported;

(e)the date when the explosive is expected to leave the State;

(f)the country to which the explosive is being exported;

(g)a certificate that the export is in accordance with the law of that country;

(h)details that identify the vehicle that will transport the explosive out of the State.

60.Chief Officer may direct explosive to be analysed

(1)The Chief Officer may give a person importing or exporting an explosive a written notice that directs the person to do any or all of the following —

(a)at the person’s expense, to have the explosive analysed or tested by a person specified, and in accordance with directions specified, in the notice;

(b)to allow the explosive to be inspected by a DGO at the time and place stated in the notice, or at some other time or place agreed with a DGO.

(2)A person given such a notice must obey it.

Penalty: a level 2 fine.

61.Records to be kept by licence holders

(1)The holder of an explosives import/export licence must keep a proper record of explosives imported or exported by the holder.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), a proper record is not kept unless a written record is made of this information —

(a)the required details of the explosive imported or exported;

(b)the date of the import or export;

(c)the name and address of both the consignee and consignor of the explosive,

and is kept for 2 years after the date of the import or export (as the case requires).

62.Port operators may refuse import in certain cases

The harbour master of a port into which an explosive is imported may refuse to permit the explosive to be landed at the port if not satisfied —

(a)that the Chief Officer has been given an explosives import notice in accordance with regulation 58 in respect of the explosive; and

(b)that the consignee of the explosive is the holder of an explosives import/export licence that relates to the explosive.

Part 8 — Manufacture of explosives

Division 1 — Licensing requirements

63.Unauthorised explosives

A person who manufactures an explosive that is neither a prohibited explosive nor an authorised explosive must hold a test permit that authorises the person to manufacture it.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

64.Authorised explosives, licensing for manufacture (Sch. 5)

A person who manufactures an authorised explosive must hold an explosives manufacture licence that authorises the manufacture of the explosive at the place where it is manufactured unless —

(a)the explosive is named in, and the person manufactures it in accordance with, Schedule 5; or

(b)the person holds a licence referred to in regulation 65 or 66 and manufactures the explosive in accordance with that regulation.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

65.Bulk AN-based explosives, licences authorising manufacture of

(1)A person is authorised, without holding an explosives manufacture licence, to manufacture ANFO if the person —

(a)holds a shotfiring licence; or

(b)is a secure employee of the holder of a shotfiring licence and manufactures the ANFO in the course of his or her duties as such; or

(c)manufactures the ANFO while being supervised by the holder of a shotfiring licence,

and manufactures the ANFO at the place where it will be used.

(2)A person is authorised, without holding an explosives manufacture licence, to manufacture a bulk AN-based explosive if the person —

(a)holds an explosives manufacture (MPU) licence; or

(b)is a secure employee of the holder of an explosives manufacture (MPU) licence and manufactures the explosive in the course of his or her duties as such; or

(c)manufactures the explosive while being supervised by the holder of an explosives manufacture (MPU) licence,

and manufactures the explosive using only constituents from an MPU that is a complying MPU under regulation 42(2).

66.Fireworks, licence authorising manufacture of

A person is authorised, without holding an explosives manufacture licence, to manufacture a firework for use in connection with theatrical entertainment if the person —

(a)holds a fireworks contractor licence, a fireworks operator licence, or a pyrotechnics (special use) licence, that authorises the manufacture; and

(b)in manufacturing the firework, uses only constituents that —

(i)are designed to be used in the manufacture of fireworks for theatrical entertainment; and

(ii)are commercially available;

and

(c)uses the constituents in accordance with the instructions of their manufacturer.

Division 2 — Other requirements

67.Containers of components to be marked

A person who manufactures an explosive must keep each constituent of the explosive in a container that is clearly and conspicuously marked with the name of the constituent.

Penalty: a level 2 fine.

68.Records to be kept by some manufacturers

(1)The holder of an explosives manufacture licence must keep a proper record of any explosive manufactured under the licence.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), a proper record is not kept unless a written record is made of this information —

(a)the required details of the explosive manufactured;

(b)the quantity of the explosive that from time to time the person uses or supplies to another person and when it is used or supplied,

and is kept for 2 years after the date of manufacture.

69.Documents to be kept at place of manufacture

(1)The holder of an explosives manufacture licence must keep a copy of the licence at any place to which the licence relates.

(2)The occupier of a place where any explosive is manufactured must ensure that a copy of the MSDS for the explosive is kept at the place in a position that makes it easily accessible to —

(a)any person handling the explosive; and

(b)any person treating an injury suffered when handling the explosive.

Penalty: a level 3 fine.

70.Bulk AN-based explosives, manufacture of

(1)A person who manufactures a bulk AN-based explosive must manufacture it in accordance with the requirements of AS 2187.2 section 3, or alternative safety measures, for the mixing of bulk AN-based explosives.

(2)If, in respect of the manufacture of a bulk AN-based explosive using constituents from an MPU, a requirement of AS 2187.2 section 3 conflicts or is inconsistent with regulation 42, regulation 42 prevails.

(3)The holder of a shotfiring licence who manufactures a bulk AN‑based explosive must not supply it to another person except as permitted by regulation 23.

Penalty: a level 2 fine.

71.MPUs in operation not to be left unattended

A person manufacturing a bulk AN-based explosive using constituents from an MPU must not leave the controls of the MPU unattended at any time.

Penalty: a level 3 fine.

72.Fireworks manufactured by licensee, supply and use of

(1)A person who manufactures a firework under regulation 66 must not supply it to another person except as permitted by regulation 23.

Penalty: a level 2 fine.

(2)A person who manufactures a firework under regulation 66 must initiate it or dispose of it within 24 hours after it is manufactured.

Penalty: a level 3 fine.

73.Filling ammunition

(1)In this regulation —

fill ammunition includes to cap it.

(2)A person who fills ammunition must do it properly.

Penalty: a level 2 fine.

(3)For the purposes of subregulation (2), the filling of ammunition is not done properly if —

(a)any substance other than an authorised explosive is used as a propellant in the ammunition; or

(b)any instruction of the manufacturer of the cartridge or shell or of the ammunition propellant is not followed; or

(c)any other work or activity that could adversely affect the safety of the filling is done in the room where the filling is being done; or

(d)in the room where the filling is being done there is —

(i)more ammunition propellant than is needed for the filling operation; or

(ii)any thing that has the potential to initiate the ammunition propellant being used; or

(iii)a substance that is readily ignited.

Part 9 — Storage of explosives

Division 1 — Preliminary matters

74.Terms used in this Part

(1)In this Part —

safely in relation to storing an explosive, has the meaning given by subregulation (2).

(2)For the purposes of this Part, an explosive is stored safely if —

(a)the explosive is stored in a container; and

(b)the container —

(i)has on its outside a clearly visible sign saying “Explosives”; and

(ii)is made of or lined with a material other than a ferrous metal; and

(iii)can be closed and locked; and

(iv)when closed, protects the explosive from the weather and contamination and sources of ignition; and

(v)when closed, does not allow the explosive to escape or leak from it; and

(vi)when locked, prevents removal of or access to the explosive by unauthorised people;

and

(c)the container is kept closed and locked except when it needs to be opened to deal with an explosive in it; and

(d)only a person authorised under these regulations to possess the explosive has access to the means of unlocking the container.

Division 2 — Licensing requirements

75.Unauthorised explosives

A person who stores an explosive that is not an authorised explosive at a place must hold a test permit that authorises the person to store it at that place.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

76.Authorised explosives, licensing for storage (Sch. 6)

A person who stores a quantity of an authorised explosive at a place must hold an explosives storage licence that authorises the storage of that quantity of that explosive at the place unless —

(a)the explosive is named in, and the person stores it in accordance with, Schedule 6; or

(b)the person holds a licence referred to in regulation 77, 78 or 79 and stores the explosive in accordance with that regulation; or

(c)the person holds a fireworks event permit and stores the explosive at the site of the event in accordance with the permit and regulation 89.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 76 amended in Gazette 16 Mar 2012 p. 1177.]

77.Shotfiring licence authorises limited storage

(1)In this regulation —

BE initiator means an explosive with a classification code of 1.1 designed primarily to be used to cause a blasting explosive to detonate, such as a primer or detonating cord, but does not include a detonator;

initiating article means an article that is an explosive with a classification code of 1.4 and that is designed to be used to initiate a blasting explosive or a BE initiator, such as a signal tube or safety fuse, but does not include a detonator.

(2)If a term used in this regulation is not defined by subregulation (1) but is defined in AS 2187.0, it has the same meaning in this regulation as it has in AS 2187.0, unless the contrary intention appears.

(3)The holder of a shotfiring licence is authorised to store an explosive at a place for which there is no explosives storage licence if the holder is authorised to possess the explosive under the shotfiring licence and —

(a)if the area of the place is 2 ha or less, there is at the place —

(i)not more than 100 detonators; and

(ii)blasting explosive and BE initiators the NEQ of which is not more than 2.5 kg;

or

(b)if the area of the place is more than 2 ha, there is at the place —

(i)not more than 100 detonators; and

(ii)blasting explosive and BE initiators the NEQ of which is not more than 10 kg.

(4)For the purposes of subregulation (3), the area of a place is the combined area of the land on which the explosive is stored and of any land contiguous to that land that is under the same control and management as that land.

(5)The holder of a shotfiring licence is authorised to store at a place for which there is no explosives storage licence any quantity of initiating articles, if the holder is authorised to possess the articles under the shotfiring licence.

78.Pyrotechnics (special use) licence authorises limited storage

The holder of a pyrotechnics (special use) licence is authorised to store an explosive at a place for which there is no explosives storage licence if —

(a)the holder is authorised to possess the explosive under the pyrotechnics (special use) licence; and

(b)there is not more than 2.5 kg of explosives with a classification code of 1.1 or 1.2 at the place; and

(c)there is not more than 15 kg of explosives with a classification code of 1.3 at the place; and

(d)there is not more than 30 kg of explosives with a classification code of 1.4 at the place.

79.Fireworks contractor licence and fireworks operator licence authorise limited storage

The holder of a fireworks contractor licence or a fireworks operator licence is authorised to store a firework at a place for which there is no explosives storage licence if —

(a)the holder is authorised to possess the firework under the licence; and

(b)there is not more than 2.5 kg of explosives with a classification code of 1.1 or 1.2 at the place; and

(c)there is not more than 15 kg of explosives with a classification code of 1.3 at the place; and

(d)there is not more than 30 kg of explosives with a classification code of 1.4 at the place.

[80.Deleted in Gazette 16 Mar 2012 p. 1178.]

Division 3 — Storing Schedule 6 explosives

81.Application of this Division

(1)This Division applies to an explosive named in, and stored in accordance with, Schedule 6.

(2)This Division does not apply if an explosive named in Schedule 6 is stored in a place to which an explosives storage licence relates.

82A.Sparklers

(1)A person storing more than 1 000 kg of sparklers must ensure the sparklers are stored properly.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1) sparklers are not stored properly unless —

(a)they are in a building or container that is separate from and at least 5 m from other buildings and containers; and

(b)the building or container does not contain anything other than the sparklers, or the sparklers and other explosives with a classification code of 1.4S or 1.4G; and

(c)on the outside of the entrance to the building or container are the following —

(i)a Class 1 Label, Model No. 1.4, that complies with the AE Code Figure 3.1 and that is at least 250 mm square;

(ii)a sign that says “FIREWORKS (SPARKLERS)” in black letters at least 100 mm high on a white or silver background;

and

(d)there is a fire extinguisher containing at least 9 L of water on or close to the outside of the building or container; and

(e)there is no combustible material within 5 m of the outside of the building or container; and

(f)there is a “HAZCHEM” outer warning placard that complies with the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 regulation 71 and Schedule 4 clause 2 —

(i)at every entrance in the perimeter of the site where the building or container is situated; or

(ii)at a position or positions approved in writing by FESA;

and

(g)except when it needs to be opened to deal with sparklers in it, the building or container is kept closed and locked so as to prevent removal of or access to the sparklers by unauthorised people.

[Regulation 82A inserted in Gazette 16 Mar 2012 p. 1178‑9.]

82.Cartridges for safety devices etc.

(1)A person storing more than 10 000 power device cartridges must ensure that the outside of the cabinet or container in which they are stored has a clearly visible sign saying “Explosives”.

(2)A person storing a power device cartridge must store it in a place that is not easily accessible to a person under the age of 14 years.

Penalty: a level 3 fine.

83.Cartridges for nail guns etc.

(1)A person storing more than 10 000 power tool cartridges must ensure that the outside of the cabinet or container in which they are stored has a clearly visible sign saying “Explosives”.

(2)A person storing a power tool cartridge must store it in a place that is not easily accessible to a person under the age of 14 years.

Penalty: a level 3 fine.

84.Emergency devices

A person storing an emergency device must store it in a place that is not easily accessible to a person under the age of 14 years.

Penalty: a level 3 fine.

85.Ammunition propellant and black powder

(1)A person storing ammunition propellant or black powder must store it safely.

(2)A person must not store more than 2 kg of black powder in any one container.

Penalty: a level 3 fine.

Division 4 — Storage under licences and permits other than explosives storage licences

[Heading inserted in Gazette 16 Mar 2012 p. 1179.]

86.Shotfiring licence holders, storage by

(1)This regulation applies to a person who holds a shotfiring licence and who, under regulation 77, stores an explosive at a place for which there is not an explosives storage licence held by the person.

(2)The person must not store the explosive in, or in any part of, a building used wholly or partly as a dwelling or a shop.

(3)The person must store the explosive safely.

Penalty: a level 2 fine.

87.Pyrotechnics (special use) licence holders, storage by

(1)This regulation applies to a person who holds a pyrotechnics (special use) licence and who, under regulation 78, stores an explosive at a place for which there is not an explosives storage licence held by the person.

(2)The person must not store the explosive in, or in any part of, a building used wholly or partly as a dwelling or a shop.

(3)The person must store the explosive safely.

Penalty: a level 2 fine.

88.Fireworks contractor licence holders, storage by

(1)This regulation applies to a person who holds a fireworks contractor licence or a fireworks operator licence and who, under regulation 79, stores a firework at a place for which there is not an explosives storage licence held by the person.

(2)The person must not store the firework in, or in any part of, a building used wholly or partly as a dwelling or a shop.

(3)The person must store the firework safely.

Penalty: a level 2 fine.

89.Fireworks event permit holders, storage by

(1)This regulation applies to a person if —

(a)the person holds a fireworks event permit; and

(b)the person does not hold an explosives storage licence for the place where the event will be conducted; and

(c)the person stores at that place a firework that will be used at the event.

(2)The requirements of this regulation are in addition to any condition included in the fireworks event permit that relates to the storage of any firework.

(3)If the firework is an aerial shell and is stored —

(a)alone; or

(b)with another aerial shell; or

(c)with a ground display,

the person must store it in accordance with AS 2187.1 clauses 3.2.4.2 and 3.2.5.1 as if it were an explosive with a classification code of 1.1.

(4)If the firework is a ground display, then, unless subregulation (3) applies, the person must store it in accordance with AS 2187.1 clauses 3.2.4.3 and 3.2.5.2 as if it were an explosive with a classification code of 1.3.

(5)The person must ensure that the place where the firework is stored is at least 30 m from the place where any other firework is made ready for use or is ready for use or is used.

(6)The person must store the firework safely.

Penalty: a level 2 fine.

[Regulation 89 inserted in Gazette 16 Mar 2012 p. 1180‑1.]

Division 5 — Storage under an explosives storage licence

90.General requirements

(1)The holder of an explosives storage licence must store any explosive to which the licence relates at the place to which the licence relates in a magazine that complies with the requirements of AS 2187.1 section 2, or alternative safety measures, for the construction of magazines.

(2)Subregulation (1) does not apply to the storage underground of an explosive.

(3)The holder of an explosives storage licence must store the explosives to which the licence relates at the place to which the licence relates in accordance with the requirements of AS 2187.1 section 3, or alternative safety measures, for the storage of explosives.

(4)The holder of an explosives storage licence must comply with the requirements of AS 2187.1 section 4, or alternative safety measures, for the management of any magazine in which any explosive to which the licence relates is stored.

(5)The holder of an explosives storage licence must comply with the requirements of AS 2187.1 section 5, or alternative safety measures, for emergency procedures in relation to any explosive to which the licence relates.

(6)The holder of an explosives storage licence must ensure that any person who enters the place to which the licence relates is made aware of and complies with the requirements of AS 2187.1 sections 4 and 5, or any alternative safety measures adopted by the holder instead of sections 4 and 5.

(7)A person who is at a place to which an explosives storage licence relates must comply with the requirements of AS 2187.1 sections 4 and 5, or any alternative safety measures adopted by the holder of the licence instead of sections 4 and 5.

Penalty: a level 2 fine.

[Regulation 90 amended in Gazette 16 Mar 2012 p. 1181.]

91.Underground storage, magazine requirements

(1)In this regulation —

complying magazine means —

(a)a magazine that complies with the requirements of AS 2187.1 clause 2.2.3.1, or alternative safety measures, for the construction of external portable magazines; or

(b)a magazine that complies with the requirements of AS 2187.1 clause 2.3, or alternative safety measures, for the construction of relocatable magazines; or

(c)a magazine that complies with the requirements of AS 2187.1 clause 2.6.2, or alternative safety measures, for the construction of fixed magazines underground.

(2)The holder of an explosives storage licence who stores underground any explosive to which the licence relates, must store the explosive in a complying magazine.

Penalty: a level 2 fine.

[(3)deleted]

(4)The holder of an explosives storage licence must not store more than 250 kg of explosive or 500 detonators in a complying magazine that is underground and that complies with the requirements of AS 2187.1 clause 2.2.3.1, or alternative safety measures, for the construction of external portable magazines.

Penalty: a level 2 fine.

[Regulation 91 amended in Gazette 16 Mar 2012 p. 1181.]

92.Explosives storage licence holders to keep inventories etc.

(1)The holder of an explosives storage licence must keep a proper inventory for any place to which the licence relates.

Penalty: a level 2 fine.

(2)For the purpose of subregulation (1), a proper inventory is not kept unless a written record is made of this information —

(a)the required details of each explosive received into or dispatched from storage at the place;

(b)the date and time of each such receipt or dispatch;

(c)for each such dispatch —

(i)the name of the person to whom the explosive was dispatched; and

(ii)if a licence is needed to possess the explosive, the person’s licence details or authority to possess the explosive;

(d)the quantity of explosive stored at the place after each such receipt or dispatch,

and is kept for 2 years after the date of each such receipt or dispatch.

(3)The holder of an explosives storage licence must do a proper stocktake of the explosives stored at any place to which the licence relates at least once a month.

Penalty: a level 3 fine.

(4)For the purpose of subregulation (3), a proper stocktake of the explosives stored at a place is not done unless —

(a)the explosives stored at the place at the time of the stocktake are compared to the storage inventory for the place at that time; and

(b)any discrepancy between the 2 is investigated; and

(c)if there is a discrepancy that is caused by an unexplained loss, the licence holder gives the Chief Officer a written report within one month after the stocktake of —

(i)the unexplained loss; and

(ii)the findings of the investigation; and

(iii)the measures taken to ensure the unexplained does not occur again.

(5)The holder of an explosives storage licence must properly inspect any place to which the licence relates at least once a month.

Penalty: a level 3 fine.

(6)For the purpose of subregulation (5), a place is not properly inspected unless —

(a)any relevant explosive stored at the place is inspected to see that it complies with, and is stored in accordance with, these regulations; and

(b)a written record is kept for 2 years after the date of the inspection of the date and time of the inspection, the matters inspected, and the findings of the inspection.

93.Documents to be kept at storage places

(1)The holder of an explosives storage licence must keep a copy of the licence at any place to which the licence relates.

(2)The holder of an explosives storage licence must ensure that inside the entrance to any room at any place to which the licence relates there is a notice stating what kinds and quantities of explosives are permitted by the licence to be stored in the room.

(3)The holder of an explosives storage licence must keep a copy of the MSDS for each explosive stored at a place to which the licence relates in a position that makes it easily accessible to —

(a)any person handling the explosive; and

(b)any person treating a person for an injury suffered when handling the explosive.

Penalty: a level 3 fine.

94.Magazines to be kept secure

(1)The holder of an explosives storage licence must keep secure any magazine in which any explosive to which the licence relates is stored.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)For the purposes of subregulation (1), a magazine is not kept secure unless —

(a)it is kept closed and locked except when it needs to be opened for use by the licence holder or a secure employee of the licence holder acting in the course of the employee’s duties; and

(b)the licence holder keeps the means of unlocking it secure from any person other than a secure employee of the licence holder.

Part 10 — Transport of explosives

Division 1 — Preliminary matters

95.Terms used in this Part

(1)In this Part and Schedule 7, unless the contrary intention appears —

Category 1 load means a quantity of explosives that is within Category 1 under the AE Code Table 2.1;

Category 2 load means a quantity of explosives that is within Category 2 under the AE Code Table 2.1;

Category 3 load means a quantity of explosives that is within Category 3 under the AE Code Table 2.1;

prime contractor has the meaning given to that term by subregulation (2);

rail, in relation to the transport of explosives by rail, does not include —

(a)a railway in a mine; or

(b)a slipway; or

(c)a railway used exclusively by a crane;

rail wagon means a unit of rolling-stock that —

(a)is designed to carry freight; and

(b)bears a unique identifying number or alphanumeric identifier;

road vehicle means a vehicle capable of transporting people or things by road and it does not matter how the vehicle is moved or propelled;

train means 2 or more units of rolling-stock coupled together, of which at least one unit is a locomotive or a self-propelled unit.

(2)For the purposes of this Part, a person is a prime contractor —

(a)for the transport of an explosive, or a constituent of an explosive, by road if the person, in conducting a business for or involving the transport of explosives or such constituents by road, undertakes to be responsible, or is responsible, for the transport of the explosive or constituent by road;

(b)for the transport of an explosive by rail if the person undertakes to be responsible, or is responsible, for —

(i)the transport of the explosive by rail; or

(ii)the condition of a rail wagon transporting the explosive by rail;

(c)for the transport of an explosive by water if the person, in conducting a business for or involving the transport of explosives by water, undertakes to be responsible, or is responsible, for the transport of the explosive by water.

Division 2 — Licensing requirements

96.Unauthorised explosives

A person who transports an explosive that is not an authorised explosive must hold a test permit that authorises the person to transport it.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

97.Authorised explosives, licences entitling transport

(1)In this regulation —

interstate licence means an authorisation (however named) issued and in force under the law of another State or a Territory.

(2)A prime contractor who transports an authorised explosive by road, rail or water must hold an explosives transport licence that authorises the transport of the explosive unless —

(a)the explosive is named in and transported in accordance with Schedule 7; or

(b)the prime contractor holds a licence referred to in regulation 98, 99, 100 or 101 and transports the explosive under that regulation; or

(c)the prime contractor holds an interstate licence that corresponds with an explosives transport licence and authorises the prime contractor to transport the explosive by road, rail or water, as the case may be, in the State or Territory that issued the licence.

(3A)Despite subregulation (2), a prime contractor who transports an authorised explosive by road in a vehicle that is licensed under the Road Traffic Act 1974 Part III must hold an explosives transport licence that authorises the transport of the explosive unless —

(a)the explosive is named in and transported in accordance with Schedule 7; or

(b)the prime contractor holds a licence referred to in regulation 98, 99, 100 or 101 and transports the explosive under that regulation.

(3)A person who drives a road vehicle on a road transporting an authorised explosive must hold an explosives driver licence that authorises the person to do so unless —

(a)the explosive is named in, and the person transports it in accordance with, Schedule 7; or

(b)the explosive is part of a Category 1 load of explosives on the vehicle and the person —

(i)holds an explosives transport licence; or

(ii)is a secure employee of a person who holds an explosives transport licence and transports the load in the course of his or her duties as such;

or

(c)the person holds a licence referred to in regulation 98, 99, 100 or 101 and transports the explosive under that regulation; or

(d)the person holds an interstate licence that corresponds with an explosives driver licence and authorises the person to drive the vehicle transporting the explosive on a road in the State or Territory that issued the licence; or

(e)the person —

(i)is an employee of a prime contractor who holds an interstate licence that corresponds with an explosives transport licence and authorises the prime contractor to transport the explosive by road in the State or Territory that issued the licence; and

(ii)is authorised under the law of that State or Territory to drive the vehicle transporting the explosive on a road in that State or Territory; and

(iii)is acting in the course of his or her duties as such an employee.

(4)If under subregulation (2) or (3) a person transports, or drives a vehicle transporting, an explosive under the authority of an interstate licence, then, for the purposes of these regulations, the licence is to be taken to be a licence issued under these regulations.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 97 amended in Gazette 16 Mar 2012 p. 1181.]

98.Shotfiring licence authorises limited transport

The holder of a shotfiring licence is authorised, without holding an explosives transport licence or an explosives driver licence, to transport an explosive by road if —

(a)the holder is authorised to possess the explosive under the shotfiring licence; and

(b)the explosive is for use by the holder; and

(c)not more than a Category 2 load is transported.

99.Pyrotechnics (special use) licence authorises limited transport

The holder of a pyrotechnics (special use) licence is authorised, without holding an explosives transport licence or an explosives driver licence, to transport an explosive by road if —

(a)the holder is authorised to possess the explosive under the pyrotechnics (special use) licence; and

(b)the explosive is for use by the holder; and

(c)not more than a Category 2 load is transported.

100.Fireworks contractor licence authorises limited transport

The holder of a fireworks contractor licence is authorised, without holding an explosives transport licence or an explosives driver licence, to transport a firework by road if —

(a)the holder is authorised to possess the firework under the fireworks contractor licence; and

(b)the firework is for use by the holder or an employee of the holder acting in the course of his or her duties as such an employee; and

(c)not more than a Category 2 load is transported.

101.Fireworks operator licence authorises limited transport

(1)The holder of a fireworks operator licence is authorised, without holding an explosives transport licence or an explosives driver licence, to transport a firework by road if —

(a)the holder is authorised to possess the firework under the fireworks operator licence; and

(b)the firework is for use by the holder; and

(c)not more than a Category 2 load is transported.

(2)The holder of a fireworks operator licence is authorised, without holding an explosives transport licence or an explosives driver licence, to transport a firework by road if —

(a)the holder is an employee of the holder of a fireworks contractor licence (the fireworks contractor); and

(b)the fireworks contractor is authorised to possess the firework under that fireworks contractor licence; and

(c)the firework is for use by the fireworks contractor or an employee of the fireworks contractor acting in the course of his or her duties as such an employee; and

(d)not more than a Category 2 load is transported.

102.MPUs, licensing requirements for

(1)A prime contractor who transports a constituent of a bulk AN‑based explosive in an MPU on a road or in a mine must hold an explosives manufacture (MPU) licence.

(2)A person who drives an MPU transporting a constituent of a bulk AN‑based explosive on a road must be a secure employee of a person who holds an explosives manufacture (MPU) licence.

Penalty: a level 1 fine and imprisonment for 10 months.

(3)Subregulation (2) does not affect any requirement in the Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007 to hold a dangerous goods driver licence.

Division 3 — Transport by road or rail

103.Application of this Division

This Division applies to and in relation to the transport of an explosive by road or rail.

104.Contravention of AE Code Ch. 8 an offence

(1)If a provision of the AE Code Chapter 8 requires a person to do or not to do an act and the person contravenes the provision, the person commits an offence.

Penalty: a level 2 fine.

(2)Subregulation (1) does not apply —

(a)to the AE Code section 8.2.3(1); or

(b)to the AE Code section 8.3.4(2); or

(c)to the AE Code section 8.4.4(1) in so far as it requires the owner of a vehicle that is transporting explosives to ensure the person who is driving it is authorised to do so under the Act; or

(d)to the AE Code section 8.5.6(2); or

(e)to a person, other than the prime contractor, in respect of the transport of an explosive named in, and transported in accordance with, Schedule 7 on a vehicle that is not transporting any other explosive.

(3)Subregulation (2)(a) and (c) do not affect the operation of regulation 97(3) or section 15 of the Act.

[Regulation 104 amended in Gazette 24 Nov 2009 p. 4738; 16 Mar 2012 p. 1182.]

105.Consignor’s duties

(1)A person must not consign an explosive for transport by a prime contractor if the person knows, or reasonably ought to know, that the prime contractor does not hold an explosive transport licence that authorises the prime contractor to transport the explosive.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)Subregulation (1) does not apply to an explosive if it is named in, and transported in accordance with, Schedule 7.

106.Prime contractor’s duties

(1)A prime contractor must not use a vehicle to transport an explosive, other than an explosive named in, and transported in accordance with, Schedule 7, by road or rail unless —

(a)the vehicle is marked in accordance with the AE Code Chapter 3; and

(b)the vehicle complies with the AE Code Chapter 6; and

(c)the explosives are transported in accordance with the AE Code Chapter 6.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)Despite the AE Code section 6.4.2(2), subregulation (1) does not operate to require a vehicle used to transport an explosive by road to be approved by the Chief Officer.

[Regulation 106 amended in Gazette 24 Nov 2009 p. 4738.]

107.Restrictions on transporting certain loads in CBDs

(1)In this regulation —

CBD means a central business district described in Schedule 11;

placarded vehicle means a road vehicle that is marked, or required to be marked, under the AE Code section 3.4.1.

(2)A person must not drive a placarded vehicle —

(a)in the tunnel on the Graham Farmer Freeway; or

(b)in a CBD, except for the purposes of delivering an explosive being carried on the vehicle to a person in the CBD.

Penalty: a level 3 fine.

(3)A prime contractor transporting explosives in a placarded vehicle must instruct the driver of it to comply with subregulation (2).

Penalty: a level 3 fine.

(4)The owner of a placarded vehicle must instruct the driver of the vehicle to comply with subregulation (2).

Penalty: a level 3 fine.

[Regulation 107 amended in Gazette 24 Nov 2009 p. 4738.]

Division 4 — Emergencies

108.Terms used in this Division

In this Division —

accountable person means —

(a)for a road vehicle transporting an explosive by road — both the prime contractor for the transport of the explosive and the driver of the vehicle;

(b)for a train transporting an explosive by rail — the prime contractor for the transport of the explosive;

(c)for a vehicle transporting an explosive by water — the prime contractor for the transport of the explosive;

emergency service means —

(a)the police; or

(b)FESA.

109.Dangerous situations, duty to notify authorities

(1)This regulation applies if a vehicle transporting an explosive by road, rail or water is involved in an incident resulting in a dangerous situation.

(2)In the case of a road vehicle involved in such an incident —

(a)one of the accountable persons for the vehicle must notify an emergency service as soon as practicable —

(i)of the incident; and

(ii)of the required details of the explosive being transported;

and

(b)each accountable person for the vehicle must provide the reasonable assistance required by a DGO, or an officer of an emergency service, to deal with the situation.

(3)In the case of a train transporting an explosive by rail involved in such an incident —

(a)the driver of the train must take all reasonable steps to notify the track owner of the incident; and

(b)the track owner must as soon as practicable notify an emergency service —

(i)of the incident; and

(ii)of the required details of the explosive being transported;

and

(c)the track owner and prime contractor must provide the reasonable assistance required by a DGO, or an officer of an emergency service, to deal with the situation.

(4)In the case of a vehicle transporting an explosive by water involved in such an incident —

(a)the master of the vehicle must take all reasonable steps to notify the prime contractor of the incident; and

(b)the prime contractor must as soon as practicable notify an emergency service —

(i)of the incident; and

(ii)of the required details of the explosive being transported;

and

(c)the prime contractor must provide the reasonable assistance required by a DGO, or an officer of an emergency service, to deal with the situation.

(5)As soon as practicable after the incident, each accountable person in relation to the vehicle or train (as the case requires) must notify the Chief Officer of the incident, and provide details of —

(a)when and where the incident happened; and

(b)the nature of the incident; and

(c)the required details of the explosives being transported when the incident happened.

(6)Not later than 21 days after the day when the incident happens, the accountable person must give the Chief Officer a written report about the incident.

(7)The report must provide details of the following —

(a)when and where the incident happened;

(b)the nature of the incident;

(c)the required details of the explosives being transported when the incident happened;

(d)any death of or harm to a person;

(e)any damage or harm to property or the environment;

(f)what the person believes is the likely cause of the incident;

(g)the measures taken to control any leak, spill or accidental escape of explosives, and any fire or explosion, arising out of the incident;

(h)the measures taken after the incident in relation to the explosives involved in the incident;

(i)the measures taken after the incident to prevent a similar incident happening again.

Penalty: a level 2 fine.

(8)It is a defence to a charge of an offence under subregulation (5) or (6) to prove the accused had already complied with the Act section 9(2) in respect of a reportable situation that arose from the incident.

[Regulation 109 amended in Gazette 16 Mar 2012 p. 1182.]

Division 5 — Transport in mines

110.Contravention of certain provisions of AE Code an offence

(1)Unless subregulation (2) says otherwise, the following provisions of the AE Code apply to and in relation to the transport of an explosive by a vehicle in a mine —

(a)section 8.2.7(3) and —

(i)for the purposes of that section, Chapter 7; and

(ii)for the purposes of section 7.2.1(4), Chapter 6;

(b)section 8.3.3(1) and —

(i)for the purposes of section 8.3.3(1)(a), Chapter 6; and

(ii)for the purposes of section 8.3.3(1)(b), section 7.2; and

(iii)for the purposes of section 7.2.1(4), Chapter 6;

(c)section 8.3.6 (other than section 8.3.6(3)(b)) and, for the purposes of section 8.3.6(1) and (2), section 3.4;

(d)section 8.3.9(1) and (2).

(2)Despite subregulation (1), the following provisions of the AE Code do not apply to and in relation to the transport of an explosive by a vehicle in a mine —

(a)sections 3.4.1(3) and (4), 3.4.2 and 3.4.3;

(b)sections 6.1.1, 6.2(1)(a), 6.2(2)(d)(i), 6.3, 6.4.2, 6.4.3 and 6.4.4.

(3)If a provision of the AE Code that, by virtue of subregulations (1) and (2), applies to and in relation to the transport of an explosive by a vehicle in a mine requires a person to do or not to do an act and the person contravenes the provision, the person commits an offence.

Penalty: a level 2 fine.

[Regulation 110 inserted in Gazette 24 Nov 2009 p. 4739; amended in Gazette 16 Mar 2012 p. 1183.]

Part 11 — Supply of explosives

Division 1 — Licensing requirements

111.Unauthorised explosives

A person who supplies an explosive that is not an authorised explosive to another commits an offence.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

112.Authorised explosives, licences authorising supply

A person who supplies an authorised explosive to another must hold an explosives supply licence that relates to the explosive unless —

(a)the explosive is referred to in, and the person supplies it in accordance with, Schedule 8; or

(b)the person holds a licence referred to in regulation 113, 114A, 114, 115 or 116 and supplies the explosive in accordance with that regulation; or

(c)in the case of a person who is a secure employee of the holder of an explosives supply licence —

(i)the supply is authorised by the licence; and

(ii)the person supplies the explosive in the course of his or her duties as such an employee;

or

(d)in the case of a person who is a secure employee of the holder of a licence referred to in regulation 113, 114A, 114, 115 or 116 —

(i)the supply is in accordance with that regulation; and

(ii)the person supplies the explosive in the course of his or her duties as such an employee;

or

(e)the person supplies the explosive while being supervised by the holder of an explosives supply licence and the supply is authorised by the licence; or

(f)the person supplies the explosive while being supervised by the holder of a licence referred to in regulation 113, 114A, 114, 115 or 116 and the supply is in accordance with that regulation.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 112 amended in Gazette 16 Mar 2012 p. 1183.]

113.Import/export licence authorises limited supply

(1)The holder of an explosives import/export licence is authorised, without holding an explosives supply licence, to supply to a person outside the State any explosive that the holder exports under the licence.

(2)The holder of an explosives import/export licence is authorised, without holding an explosives supply licence, to supply to any person any explosive that the holder imports under the licence.

[Regulation 113 amended in Gazette 16 Mar 2012 p. 1183.]

114A.Explosives manufacture licence authorises limited supply

The holder of an explosives manufacture licence is authorised, without holding an explosives supply licence, to supply to any person any explosive that the holder manufactures under the licence.

[Regulation 114A inserted in Gazette 16 Mar 2012 p. 1184.]

114.Explosives manufacture (MPU) licence authorises limited supply

The holder of an explosives manufacture (MPU) licence is authorised, without holding an explosives supply licence, to supply an explosive to another person if —

(a)the explosive is manufactured under the explosives manufacture (MPU) licence using constituents from an MPU; and

(b)the explosive is supplied in the course of the holder providing a service to the other person; and

(c)the holder does not give control or management of the explosive to any person other than the holder of a shotfiring licence.

115.Explosives transport licence authorises limited supply

The holder of an explosives transport licence is authorised, without holding an explosives supply licence, to supply an explosive to another person if —

(a)the holder is authorised to transport the explosive under the explosives transport licence; and

(b)the other person is the consignee of the explosive.

116.Explosives driver licence authorises limited supply

The holder of an explosives driver licence is authorised, without holding an explosives supply licence, to supply an explosive to another person if —

(a)the holder is authorised to drive a vehicle transporting the explosive under the explosives driver licence; and

(b)the holder is the driver of a vehicle transporting the explosive; and

(c)the other person is the consignee of the explosive.

Division 2 — Supplying explosives

117.Supply to unauthorised people prohibited

A person must not supply an authorised explosive to another person if the person knows, or reasonably ought to know, that the other person is not authorised to possess the explosive under the Act, these regulations or the law of the Commonwealth.

Penalty: a level 1 fine and imprisonment for 10 months.

118.Suppliers, duties when supplying

(1)This regulation does not apply to the supply —

(a)of an explosive named in Schedule 8; or

(b)of an explosive under regulation 114.

(2)If a person (“A”) supplies an explosive to a person (“B”) and supplies it to a person (“C”) for delivery to B, the requirements of this regulation apply to, and in relation to —

(a)the supply by A to B; and

(b)the supply by A to C; and

(c)the supply by C to B; and

(d)if any person other than C is involved in delivering the explosive to B, the supply by that person to the next person.

(3)A person (“X”) must not supply a quantity of an authorised explosive to an individual (“Y”) unless Y has produced to X, either at or within a reasonable period before the time of supply —

(a)proof of the identity of Y in the form of —

(i)a passport; or

(ii)a driver’s licence issued in Australia ; or

(iii)a security card, or a written authorisation, that is valid under regulation 16,

that shows Y’s photograph; and

(b)evidence that Y is authorised, whether under a licence or not, to possess that quantity of the explosive under —

(i)the Act or these regulations; or

(ii)the law of the Commonwealth; or

(iii)if Y is in a place outside the State, the law of that place.

(4)A person (“X”) must not supply a quantity of an authorised explosive to a body corporate or partnership (“Y”) unless —

(a)Y has produced to X, either at or within a reasonable period before the time of supply, evidence that Y is authorised, whether under a licence or not, to possess that quantity of the explosive under —

(i)the Act or these regulations; or

(ii)the law of the Commonwealth; or

(iii)if Y is in a place outside the State, the law of that place;

and

(b)the explosive is delivered to a secure employee of Y who shows X proof that he or she is a secure employee; and

(c)X obtains the employee’s personal receipt.

Penalty: a level 1 fine and imprisonment for 10 months.

(5)A person who supplies an authorised explosive to another person must, if the other person so requests, give the other person —

(a)the MSDS for the explosive; and

(b)any instructions issued by the manufacturer of the explosive about how to use it safely.

Penalty: a level 3 fine.

119.Records to be kept by suppliers

(1)This regulation does not apply to the supply —

(a)of an explosive named in Schedule 8; or

(b)of an explosive under regulation 114.

(2)A person who supplies an explosive to another person must keep a proper record of the supply.

(3)For the purposes of subregulation (2) a proper record of a supply is not kept unless a written record is made of this information —

(a)the date of supply;

(b)the name and address of the other person;

(c)the details of the evidence referred to in regulation 118(3)(b) or (4)(a), as the case requires;

(d)the required details of the explosive supplied;

(e)the other person’s receipt for the explosive,

and is kept for 2 years after the date of the supply.

Penalty: a level 2 fine.

120.Receiver of explosives not to mislead supplier

(1)This regulation does not apply to the supply of —

(a)a sparkler; or

(b)an explosive under regulation 114.

(2)A person who is supplied an explosive by another person must not give the other person any information about the person’s identity or authority to possess the explosive that the person knows is false or misleading.

Penalty: a level 1 fine and imprisonment for 10 months.

121. Sale in public prohibited

(1)This regulation does not apply to an explosive named in Schedule 8 but does apply to ammunition and any other explosive.

(2)A person must not sell an explosive in a public place.

(3)A person must not display an explosive for sale in a shop window or in any place in a shop or other place where explosives are sold.

Penalty: a level 2 fine.

Part 12 — Use of explosives other than fireworks

Division 1 — Preliminary

122.Term used in this Part

In this Part, unless the contrary intention appears —

blast plan for the use of an explosive, means a blast plan that complies with regulation 130.

123.Application of this Part

This Part does not apply to a firework.

Division 2 — Licensing requirements

124.Unauthorised explosives

A person who uses an explosive that is not an authorised explosive must hold a test permit that authorises the person to use it.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

125.Authorised explosives, licences authorising use of

(1)A person does not have to hold a licence to use an authorised explosive if the explosive is named in, and the person uses it in accordance with, Schedule 9.

(2)Unless subregulation (1) applies, a person who uses an explosive must —

(a)if the explosive is being used to blast rock or similar solid material, or to damage, destroy or demolish any thing, whether on or under land or water —

(i)hold a shotfiring licence that authorises the person to use the explosive at the time and place and in the circumstances; or

(ii)be supervised by the holder of such a shotfiring licence;

(b)if the explosive is being used in any circumstances not referred to in paragraph (a) — hold a pyrotechnics (special use) licence that authorises the use of the explosive at the time and place and in the circumstances.

(3)It is a defence to a charge of an offence under subregulation (2) to prove —

(a)that the explosive was used at a mine (as that term is defined in the Mines Safety and Inspection Act 1994) to blast rock or similar solid material in the course of the mine’s operation; and

(b)that the explosive was used in the 12 months that begin on the day on which these regulations come into operation; and

(c)that under the Mines Safety and Inspection Regulations 1995 regulation 8.12(1), as it was immediately before it was repealed, the accused person was recorded in a book kept at the mine as being competent to use explosives.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

Division 3 — General requirements

126.Occupier’s permission needed for use

A person must not use an explosive at a place without the prior permission of the owner or occupier of the place.

Penalty: a level 2 fine.

127.Manufacturer’s instructions for use to be followed

A person must not use an explosive except in accordance with the instructions (if any) provided by its manufacturer unless the instructions conflict or are inconsistent with a provision of these regulations.

Penalty: a level 3 fine.

128.Children using explosives

A person under 18 years of age must not use an explosive unless —

(a)the explosive is named in Schedule 9; and

(b)except in the case of a sparkler or an emergency device, the person is under the supervision of a person who has reached 18 years of age.

Penalty: a level 3 fine.

Division 4 — Using explosives to blast, damage, destroy or demolish

129.No use without blast plan

(1)Before an explosive is used to blast rock or similar solid material, or to damage, destroy or demolish any thing, whether on or under land or water, each of the following persons must prepare a blast plan for the use of the explosive or ensure that such a plan has been prepared —

(a)the person who will use the explosive (the shotfirer);

(b)the person for whom the shotfirer will be working at the time, whether under a contract for services or a contract of service;

(c)the person who has the control and management of the work that necessitates the use of the explosive;

(d)the person who has the control and management of the place where the explosive is used.

Note: under r. 192 a blast plan is a “safety management document” under the Act and accordingly the Act s. 10 (among others) applies in respect of it.

(2)This regulation does not apply to the use of an explosive in the 12 months that begin on the day on which this regulation comes into operation.

130.Blast plans, content of

(1)A blast plan for the use of an explosive must be in writing and include the matters required by —

(a)AS 2187.2 Appendix A section A2 to be in a blast management plan; or

(b)AS 2187.2 Appendix K section K6 to be in a demolition blast plan,

as the circumstances require.

(2)One blast plan may relate to multiple proposed uses of explosives if it is intended that they occur simultaneously or in rapid succession at one site.

[Regulation 130 amended in Gazette 16 Mar 2012 p. 1184.]

131.Blasting in townsite, permit required for

(1)In this regulation —

townsite has the meaning given to that term by the Land Administration Act 1997 section 26.

(2)A person who uses an explosive in a townsite to blast rock or similar solid material, or to damage, destroy or demolish any thing, whether on or under land or water, must have a written permit issued to the person under this regulation by the local government of the district in which the explosive is used.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

(3)The person who wants a permit issued under this regulation must give the local government, at least one working day before the date of the proposed use of the explosive —

(a)a townsite blasting application signed by the person; and

(b)a blast plan for the use of the explosive.

(4)A townsite blasting application must be in an approved form and contain this information —

(a)the details of the person who will use the explosive and of the person’s shotfiring licence;

(b)the date and time when the explosion will occur;

(c)where the explosion will occur;

(d)the purpose of the explosion;

(e)the details of any public risk insurance policy for the explosion.

(5)A townsite blasting application may relate to multiple proposed explosions at the one place.

(6)A local government given a townsite blasting application by a person may give the person —

(a)a written notice that prohibits the proposed explosion; or

(b)a written permit for the proposed explosion; or

(c)a written permit for the proposed explosion that contains reasonable conditions for any of these purposes —

(i)to ensure the safety of people, property, or the environment, in the townsite;

(ii)to ensure such people are notified of the proposed explosion;

(iii)to reduce any disturbance of such people.

(7)A local government must not give a person a permit for a proposed explosion unless satisfied that there is public risk insurance for the explosion of at least $5m or such higher amount as the local government decides is reasonable in the circumstances.

(8)A local government may at any time amend or cancel a permit for a proposed explosion by advising the permit holder in writing.

132.General requirements for use

(1)In this regulation —

prescribed requirements for or in connection with the use of an explosive, means the requirements of AS 2187.2 sections 2, 4, 5, 6, 7, 8, 9, 10 and 12, or alternative safety measures, for or in connection with the use of explosives.

(2)A person must comply with the prescribed requirements for or in connection with the use of an explosive, before using, when using and after using the explosive.

(3)The holder of a shotfiring licence must ensure that any secure employee of the holder complies with the prescribed requirements for or in connection with the use of an explosive, before using, when using and after using the explosive.

(4)A secure employee of the holder of a shotfiring licence must obey any reasonable direction given to him or her by the holder before using, when using and after using an explosive.

Penalty: a level 2 fine.

133.Blast plans to be obeyed etc.

(1)If a blast plan for the use of an explosive is not complied with, each of the following persons is guilty of an offence —

(a)the person who used the explosive (the shotfirer);

(b)any person who prepared the explosive for use or who assisted in such preparation;

(c)the person for whom the shotfirer was working at the time, whether under a contract for services or a contract of service;

(d)the person who had the control and management of the work that necessitated use of the explosive;

(e)the person who had the control and management of the place where the explosive was used.

Penalty: a level 2 fine.

(2)It is a defence to a charge of an offence under subregulation (1) to prove —

(a)that the breach of the blast plan occurred without the consent or connivance of the accused; and

(b)the accused took all the measures to prevent the breach of the blast plan that the accused could reasonably be expected to have taken in the circumstances.

134.Records to be kept about blasts

(1)The holder of a shotfiring licence must keep a proper record of any use of an explosive by the holder.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), a proper record of the use of an explosive is not kept unless a written record, that complies with AS 2187.2 Appendix A section A3 or alternative safety measures, of the use is made within 7 days after the date of the use.

(3)The blast plan for the use of an explosive, and a record made under subregulation (1) of the use, must be kept by each of these persons for 2 years after the date of the use of the explosive —

(a)the holder of the shotfiring licence (the shotfirer), unless the holder was employed under a contract of service when he or she used the explosive;

(b)the person for whom the shotfirer was working when he or she used the explosive, whether under a contract for services or a contract of service;

(c)the person who has the control and management of the work that necessitated use of the explosive.

Penalty: a level 2 fine.

Division 5 — Use of explosives under pyrotechnics (special use) licence

135.Holder of pyrotechnics (special use) licence, duties of

If a pyrotechnics (special use) licence relates to an explosive to which an approved code of practice applies, the holder of the licence must comply with the code’s requirements, or alternative safety measures, for or in connection with the use of the explosive, before using, when using and after using the explosive.

Penalty: a level 2 fine.

Part 13 — Use of fireworks

Division 1 — Preliminary matters

136.Terms used in this Part

In this Part —

fireworks event means an event or show that involves the use of a firework outdoors to entertain one or more people, whether at a public or private event or show, other an event or show at which the only firework used is —

(a)an unrestricted firework or a sparkler; or

(b)a firework used by a person in an aircraft or by a skydiver; or

(c)a firework used to create a special effect for film or television at a place where the public are not present; or

(d)a theatrical firework used where people are present or proximate to create a theatrical effect for the purposes of a concert or theatrical performance; or

(e)a cracker chain used under regulation 144 at a public ceremony;

theatrical firework means a firework that is designed to be ignited by using electricity and no other means and —

(a)that is manufactured commercially and is designed and labelled to be suitable to be used indoors; or

(b)that is manufactured from commercially available constituents that are designed and labelled to be suitable to manufacture fireworks be used indoors.

[Regulation 136 amended in Gazette 16 Mar 2012 p. 1184.]

Division 2 — Licensing requirements

137.Unauthorised explosives

A person who uses a firework that is not an authorised explosive must hold a test permit that authorises the person to use it.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

138.Fireworks, licences authorising use of

(1)A person does not have to hold a licence to use a sparkler if it is an authorised explosive.

(2)Unless subregulation (1) applies, a person who uses a firework that is an authorised explosive must —

(a)if the firework is used at a fireworks event —

(i)hold a fireworks event permit that authorises the use of the firework; or

(ii)hold a fireworks operator licence and be an employee of a person who holds a fireworks event permit that authorises the use of the firework; or

(iii)be supervised by the holder of such a permit or licence that authorises the use of the firework,

at the time and place and in the circumstances; or

(b)otherwise, hold —

(i)a fireworks contractor licence; or

(ii)a fireworks operator licence; or

(iii)a pyrotechnics (special use) licence that authorises the use of the firework at the time and place and in the circumstances.

Note: the Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 138 amended in Gazette 16 Mar 2012 p. 1184‑5.]

139.Using certain fireworks outdoors other than at fireworks events

(1)This regulation does not apply to —

(a)the use of an unrestricted firework or a sparkler; or

(b)the use of a firework at a fireworks event under a fireworks event permit; or

(c)the use of a cracker chain under regulation 144 at a public ceremony; or

(d)the use of a firework by a person in an aircraft or by a skydiver; or

(e)the use of a firework to create a special effect for film or television at a place where the public are not present; or

(f)the use of a theatrical firework where people are present or proximate to create a theatrical effect for the purposes of a concert or theatrical performance.

(2)A person must not use a firework outdoors unless, at least 14 days before the date of the proposed use of the firework, the person has given a fireworks notice signed by the person to —

(a)FESA; and

(b)the local government of the district in which the firework will be used.

Penalty: a level 2 fine.

(3)A fireworks notice must be in an approved form and contain this information —

(a)the details of the fireworks operator licence that the person holds;

(b)a description of the proposed use of the fireworks including —

(i)the date, time and intended duration of the use of the fireworks; and

(ii)if any firework to be used is an aerial shell, the diameter of the largest shell;

(c)where the fireworks will be used;

(d)the purpose of using the fireworks.

(4)On receiving a fireworks notice from a person, FESA or a local government may give the person —

(a)a written notice that prohibits the proposed use of the firework; or

(b)a written notice that prohibits the proposed use of the firework unless the person complies with conditions specified in the notice.

(5)Under subregulation (4)(b) FESA or a local government may include in a notice any condition that is reasonably necessary for any of these purposes —

(i)to ensure the safety of people, property or the environment in the vicinity of where the firework will be used;

(ii)to ensure such people are notified of the proposed use of the firework;

(iii)to reduce any disturbance of such people.

(6)FESA or a local government may amend or cancel a notice it has given to a person under this regulation by advising the person in writing.

(7)A person who is given a written notice under subregulation (4) must comply with it.

Penalty: a level 2 fine.

[Regulation 139 inserted in Gazette 16 Mar 2012 p. 1185‑7.]

[140.Deleted in Gazette 16 Mar 2012 p. 1187.]

Division 3 — General requirements

141.Occupier’s permission needed for use

A person must not use a firework at a place without the prior permission of the owner or occupier of the place.

Penalty: a level 2 fine.

142.Manufacturer’s instructions for use to be followed

A person must not use a firework except in accordance with the instructions (if any) provided by its manufacturer unless the instructions conflict or are inconsistent with a provision of these regulations.

Penalty: a level 3 fine.

143.General requirements for use

(1)In this regulation —

prescribed requirements for or in connection with the use of a firework, means the requirements of an approved code of practice (if any), or alternative safety measures, for or in connection with the use of the firework;

relevant licence means —

(a)a pyrotechnics (special use) licence that relates to a firework; or

(b)a fireworks contractor licence; or

(c)a fireworks operator licence.

(2)The holder of a relevant licence must comply with the prescribed requirements for or in connection with the use of a firework, before using, when using and after using the firework.

(3)The holder of a relevant licence must ensure that any secure employee of the holder complies with the prescribed requirements for or in connection with the use of a firework, before using, when using and after using the firework.

(4)A secure employee of the holder of a relevant licence must obey any reasonable direction given to him or her by the holder before using, when using and after using a firework.

Penalty: a level 2 fine.

144.Cracker chains, use of

(1)In this regulation —

cracker chain has the meaning given by Schedule 2 clause 2(1).

(2)A person must not use a cracker chain except at a public ceremony at which the use of cracker chains is a custom.

Penalty: a level 2 fine.

(3)A person must not use a cracker chain unless the person has given a ceremonial fireworks notice, signed by the person, at least 7 days before the date of the use, to —

(a)the Commissioner of Police; and

(b)the local government of the district in which the cracker chain will be used.

Penalty: a level 3 fine.

(4)A ceremonial fireworks notice must be in an approved form and contain this information —

(a)the details of the pyrotechnics (special use) licence, or the fireworks operator licence, that the person holds;

(b)the date and time when the cracker chain will be used;

(c)where the cracker chain will be used;

(d)details of the public ceremony at which the cracker chain will be used.

(5)A ceremonial fireworks notice may relate to the use of multiple cracker chains at the one ceremony.

145.Records to be kept by fireworks contractors

(1)The holder of a fireworks contractor licence must keep a proper record of fireworks purchased by the holder.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), a proper record is not kept unless a written record is made of this information —

(a)the required details of each firework purchased by the holder and the date of purchase;

(b)when and where the firework was used or destroyed,

and is kept for 2 years after the date of the purchase.

Division 4 — Fireworks events

146.Terms used in this Division

In this Division —

event firework for a fireworks event, means a firework that is proposed to be used, or that is used, at the event.

147.Fireworks used at fireworks events, requirements for

(1)The holder of a fireworks event permit must not use an event firework, or allow an event firework to be used, at the event to which the permit relates unless the holder —

(a)has previously properly tested a firework that the holder is satisfied on reasonable grounds is identical to the event firework; and

(b)is satisfied by the test that a firework that is identical to the one tested would be safe to use at a fireworks event.

Penalty: a level 2 fine.

(2)For the purposes of subregulation (1), a person does not properly test a firework unless the person uses the firework at a place where —

(a)the public is not present; and

(b)the firework can be used safely; and

(c)the effects of the use of the firework can be observed safely; and

(d)any risk in relation to the firework in relation to people, property and the environment, including any risk from any malfunctioning of it or of the means of initiating it, is reduced as far as is reasonably practicable.

148.Fireworks event permits, preliminary matters

(1)Only the holder of a fireworks contractor licence can apply for a fireworks event permit.

(2)Before the holder of a fireworks contractor licence can apply for a fireworks event permit, the holder must sign a fireworks event notice and give it to the following —

(a)the Commissioner of Police;

(b)FESA;

(c)the local government of the district in which the event will occur;

(d)if the proposed event will be within 5 km of an airport’s boundary, the person responsible for controlling aircraft traffic at the airport (the airport manager).

(3)The fireworks event notice must be in an approved form and contain this information —

(a)the details of the fireworks contractor licence held;

(b)the date and time when the event will begin;

(c)the expected duration of the event;

(d)where the event will occur;

(e)the details of any public risk insurance policy for the event.

(4)A fireworks event notice may relate to more than one event at the one place if the event will be repeated at the place on a number of occasions at intervals of not more than 48 hours.

(5)On receiving a fireworks event notice, FESA may give the holder a written response that —

(a)agrees to the proposed event; or

(b)objects to it unless certain conditions specified in the response are met; or

(c)objects to it on the grounds that FESA considers it will cause danger to the public or unintended damage to any property.

(6)On receiving a fireworks event notice, a local government may give the holder a written response that —

(a)agrees to the proposed event; or

(b)objects to it unless certain conditions specified in the response are met; or

(c)objects to it on the grounds that the local government considers the event —

(i)is not in the public interest; or

(ii)will cause danger to the public or unintended damage to any property or to the environment.

(7)On receiving a fireworks event notice, an airport manager may give the holder a written response that —

(a)agrees to the proposed event; or

(b)objects to it unless certain conditions specified in the response are met.

[Regulation 148 amended in Gazette 16 Mar 2012 p. 1187.]

149.Fireworks event permit, application for

(1)An application for a fireworks event permit must —

(a)be in an approved form and contain the information required by subregulation (2); and

(b)be accompanied by the following —

(i)a copy of the fireworks event notice given under regulation 148;

(ii)written confirmation by each person to whom the notice is required to be given under regulation 148 that the person received the notice;

(iii)any response from such a person made under regulation 148;

and

(c)be accompanied by a site plan (in 3 dimensions if any event firework will be more than 2 m above ground or water level when it is initiated) of the place where the fireworks event will occur (the site) including details of the following —

(i)where the event fireworks will be situated when initiated;

(ii)if the event fireworks will be on a vehicle when initiated, a description of the vehicle and where it will be when the event fireworks are initiated;

(iii)where spectators or any other person not authorised to use the event fireworks will be situated;

and

(d)be accompanied by any other document that is required by the approved form; and

(e)be accompanied by the fee; and

(f)be made to the Chief Officer at least 14 days before the date of the proposed event, unless the Chief Officer otherwise permits.

(2)The application must contain this information —

(a)the address of the site where the fireworks event will occur;

(b)the person from whom the applicant has purchased or will purchase the event fireworks;

(c)a description of the event including —

(i)if the event will occur once at the site, the date, time and intended duration of the event;

(ii)if the event will be repeated at the site on a number of occasions at intervals of not longer than 48 hours, the date and time and duration of each occasion;

(iii)the required details of each event firework;

(iv)if any event firework is an aerial shell, the diameter of the largest shell;

(d)if the applicant proposes to store the event fireworks at the site of the event before the event and there is no explosives storage licence for the site, details of where, how and for how long they will be stored at the site;

(e)any other information the form reasonably requires to be provided.

[Regulation 149 amended in Gazette 16 Mar 2012 p. 1187‑8.]

150.Dealing with applications for fireworks event permits

(1)When deciding an application for a fireworks event permit, the Chief Officer must consider any response made by a person under regulation 148.

(2)For the purposes of deciding an application for a fireworks event permit, the Chief Officer may request the applicant —

(a)to give the Chief Officer any other information that is reasonably necessary in order to decide the application;

(b)to permit the Chief Officer or a person nominated by the Chief Officer to inspect the place where the event will occur and any vehicle on which any firework will be situated when initiated at the event.

(3)An applicant who does not obey such a request within 21 days after the date on which it is made, or any longer period permitted by the Chief Officer, is to be taken to have withdrawn the application and is entitled to a refund of the fee.

(4)On an application for a fireworks event permit, the Chief Officer may refuse the application or, subject to this regulation, grant the application and issue the permit.

(5)The Chief Officer must not grant an application for a fireworks event permit unless satisfied as to each of these matters —

(a)that the application complies with regulation 149;

(b)that the applicant holds a fireworks contractor licence that authorises the use of the fireworks that will be used at the event;

(c)that any risk in relation to the fireworks that will be used in the event in relation to people, property or the environment is acceptable;

(d)that there is public risk insurance for the event of at least $5m or such higher amount that is reasonable in the circumstances and set by the Chief Officer.

(6)The Chief Officer may refuse to issue a fireworks event permit if —

(a)a local government, in a response made under regulation 148, has objected to the event because it considers the event is not in the public interest; and

(b)the Chief Officer considers the event is not in the public interest.

(7)A fireworks event permit may be issued subject to conditions decided by the Chief Officer and specified in it.

(8)Conditions that may be imposed include —

(a)a condition that limits the time, place or circumstances in which the fireworks event may be conducted;

(b)a condition that a firework specified in the permit must not be used in the event;

(ca)a condition as to where, how and for how long any firework that will be used in the event may be stored at the place of the event before the event;

(c)a condition as to where any firework used in the event must or must not be situated when it is initiated;

(d)any condition that is reasonably necessary to ensure, so far as is practicable, that any firework used in the event will be secure before it is used;

(e)any condition that is reasonably necessary to ensure, so far as is practicable, that the event is conducted safely;

(f)any condition that is reasonably necessary to minimise any risk in relation to the fireworks that will be used in the event in relation to people, property and the environment;

(g)any reasonable condition specified in a response made by a person under regulation 148;

(h)any condition —

(i)to ensure people in the vicinity of the proposed event are notified of it;

(ii)to minimise any disturbance of those people.

(9)The Chief Officer must give an applicant written notice of a decision made under this regulation as soon as practicable after it is made.

[Regulation 150 amended in Gazette 16 Mar 2012 p. 1188.]

151.Amending, suspending and cancelling fireworks event permits

The Chief Officer may amend, suspend or cancel a fireworks event permit by advising the permit holder in writing.

152.Fireworks event, conduct of

A person who assists in conducting a fireworks event or in preparing a firework for use in or in using a firework in the event must comply with the permit holder’s explosive management plan.

Penalty: a level 2 fine.

153.Records to be kept by fireworks event permit holders

(1)The holder of a fireworks event permit must keep a proper record of the fireworks event conducted under the permit.

Penalty: a level 2 fine.

(2)If a fireworks event permit authorises the holder to conduct a fireworks event on more than one occasion, the record required by subregulation (1) must be made for each occasion the event occurs.

(3)For the purpose of subregulation (1), a proper record is not kept unless a written record is made of this information —

(a)the details of the fireworks event permit;

(b)the date, time and duration of the event;

(c)where the event occurred;

(d)details of the weather conditions;

(e)the required details of —

(i)each firework used in the event; and

(ii)each firework that was intended to be used in the event but which for any reason was not;

(f)the reasons why any such firework was not used including, in the case of a misfire or malfunction, the reasons for the misfire or malfunction;

(g)the name of any holder of a fireworks operator licence who was involved in preparing or conducting the event and the details of the licence;

(h)the details of the holder’s fireworks contractor licence,

and is kept for 2 years after the date of the event.

Part 14  Disposal of explosives

154.Who can dispose of explosives

A person must not destroy or dispose of an explosive unless the person has a licence that authorises the person to use the explosive.

155.Improper disposal of explosives

(1)A person must not abandon or discard an explosive.

(2)A person must dispose of an explosive properly.

Penalty: a level 2 fine.

(3)For the purposes of subregulation (2) an explosive is disposed of properly if it is disposed of in accordance with the requirements of AS 2187.2 section 11, or alternative safety measures, for the disposal of surplus and defective explosives.

Part 15 — Licences

Division 1 — Preliminary matters

156.Terms used in this Part

(1)In this Part, unless the contrary intention appears —

licence means —

(a)an explosives import/export licence;

(b)an explosives manufacture licence;

(c)an explosives manufacture (MPU) licence;

(d)an explosives storage licence;

(e)an explosives transport licence;

(f)an explosives driver licence;

(g)an explosives supply licence;

(h)a shotfiring licence;

(i)a fireworks contractor licence;

(j)a fireworks operator licence;

(k)a pyrotechnics (special use) licence;

relevant offence means any of the following —

(a)an offence against the Act, these regulations or any other regulations made under the Act;

(b)an offence against a law of another place that substantially corresponds to the Act or the regulations made under it;

(c)an offence against the law of this State or another place an element of which is the handling, storage or transport of explosives;

renewal application means an application made under regulation 173 for a new licence;

required age has the meaning given to that term by subregulation (2).

(2)For the purposes of this Part, the required age is —

(a)21 years of age for —

(i)an explosives driver licence;

(ii)a fireworks contractor licence;

(b)18 years of age for any other licence.

Division 2 — General matters

157.Applying for a licence

(1)An application for a licence must —

(a)be in an approved form; and

(b)be accompanied by any document that is required by the approved form; and

(c)be accompanied by the fee, unless a fee will be payable under regulation 184 if the licence is issued; and

(d)be made to the Chief Officer.

(2)Only an individual can apply for —

(a)an explosives driver licence;

(b)a shotfiring licence;

(c)a fireworks operator licence;

(d)a pyrotechnics (special use) licence.

(3)An application for a licence by an individual must be accompanied by the following —

(a)one photograph of the applicant’s face and shoulders that is 45-50 mm high and 35-40 mm wide and taken in the 6 months before the date of the application;

(b)evidence of the applicant’s identity;

(c)evidence that the applicant has reached the required age;

(d)if the application is for an explosives driver licence —

(i)the medical evidence required by regulation 158;

(ii)the competency evidence required by regulation 159;

(iii)the driver licence evidence required by regulation 160;

(e)if the application is for a shotfiring licence —

(i)the medical evidence required by regulation 158;

(ii)the competency evidence required by regulation 159;

(f)if the application is for a fireworks operator licence —

(i)the medical evidence required by regulation 158;

(ii)the competency evidence required by regulation 159;

(g)if the application is for a pyrotechnics (special use) licence — the competency evidence required by regulation 159.

(4)An application for a licence by an individual must disclose —

(a)the details of any relevant offence of which he or she has been convicted; and

(b)the details of any charge of a relevant offence against him or her that is pending.

(5)An application by a body corporate or a partnership must —

(a)be accompanied by proof of the incorporation of the body or the existence of the partnership; and

(b)specify at least one individual who is concerned in the management of, or employed by, the body or partnership who will be responsible for the safety and security of any explosive possessed by the body or partnership under any licence issued to it; and

(c)state the individual’s personal details; and

(d)be accompanied by evidence of the individual’s identity, age, and position with the body or partnership; and

(e)disclose the details referred to in subregulation (4) in relation to the individual.

(6)An application for a fireworks contractor licence must be accompanied by —

(a)if the application is by an individual, proof that he or she holds a fireworks operator licence;

(b)if the application is by a body corporate or a partnership, proof that at least one individual who is concerned in the management of, or employed by, the body or partnership holds a fireworks operator licence.

(7)In addition to any document that may be required by the approved form for the application, an application for —

(a)an explosives manufacture licence; or

(b)an explosives manufacture (MPU) licence; or

(c)an explosives storage licence; or

(d)an explosives transport licence; or

(e)a fireworks contractor licence,

must be accompanied by a written explosives management plan that complies with regulation 161.

[Regulation 157 amended in Gazette 16 Mar 2012 p. 1188.]

158.Medical evidence

The medical evidence for the purposes of an application for a licence, or a renewal application, by an individual is a report —

(a)that is made by a medical practitioner registered under the Medical Practitioners Act 2008, or under a law of another State or a Territory that substantially corresponds to that Act, who examined the applicant within 6 months before the day the application is made; and

(b)that is about the applicant’s physical and mental fitness to engage safely in the activities that would be authorised by the licence; and

(c)that certifies that the medical practitioner examined and passed the applicant in accordance with the publication Assessing Fitness to Drive for Commercial and Private Vehicle Drivers, Medical Standards for Licensing and Clinical Management Guidelines, published by Austroads Incorporated (ISBN 0 85588 507 6).

[Regulation 158 amended in Gazette 24 Nov 2009 p. 4739.]

159.Competency evidence

The competency evidence for the purposes of an application for a licence, or a renewal application, by an individual is —

(a)a certificate issued by a person who conducted a test or course, approved under regulation 14 in relation to the licence, stating that the applicant passed the test or completed the course within 6 months before the day when the application is made; or

(b)other written evidence that the applicant passed such a test or completed such a course within 6 months before the day when the application is made; or

(c)if no such test or course has been approved under regulation 14 in relation to the licence, such evidence as the Chief Officer requires of the individual’s competence to engage in the activities that would be authorised by the licence.

160.Driver licence evidence

The driver licence evidence for an application, or a renewal application, for an explosives driver licence is —

(a)a copy of the licence that authorises the applicant to drive a vehicle under the Road Traffic Act 1974; and

(b)an extract of entries about the applicant in the register of driving licences kept by the licensing authority of each jurisdiction in Australia where the applicant is licensed to drive, certified by the authority within 6 months before the day when the application is made; and

(c)a copy of the record of any conviction of the applicant of an offence involving the use of a road vehicle, certified by the appropriate authority of the jurisdiction where the applicant was convicted within 6 months before the day when the application is made.

161.Explosives management plans

(1)In this regulation —

authorised person, in relation to an explosive, means a person who is authorised to possess the explosive under the Act, these regulations or a law of the Commonwealth.

(2A)In subregulations (2) and (4) —

explosive includes a constituent of an explosive that is a security risk substance.

(2)An explosives management plan for the purposes of an explosives manufacture licence must include the following —

(a)the address and a site plan of the place to which the licence will relate (the site);

(b)the matters in Schedule 10 clauses 2, 3A, 3 and 4;

(c)the measures that will be taken to ensure that the required details of any explosive manufactured or received at, or despatched from, the site are recorded and reconciled;

(d)the measures that will be taken to ensure that no explosive at the site is supplied to a person unless the person is an authorised person;

(e)the measures that will be taken to ensure that a record is kept of —

(i)the details of any person to whom an explosive at the site is supplied and the person’s authority under these regulations to possess the explosive; and

(ii)the required details of the explosive supplied;

(f)the measures that will be taken to ensure any unlawful entry or attempted unlawful entry to the site or any theft, attempted theft, or unexplained loss, of any explosive at the site is investigated and reported to the Chief Officer.

(3)An explosives management plan for the purposes of an explosives manufacture (MPU) licence, must include the matters required by subregulation (5) which, with Schedule 10 clauses 2, 3A and 4, applies with any necessary changes as if any reference to an explosive were a reference to a constituent of an explosive.

(4)An explosives management plan for the purposes of an explosives storage licence must include the following —

(a)the address and a site plan of the place to which the licence will relate (the site);

(b)if the licence will authorise the storage on the site of any of the following —

(i)2.5 kg or more of explosives with a classification code of 1.1 or 1.2;

(ii)15 kg or more of explosives with a classification code of 1.3;

(iii)30 kg or more of explosives with a classification code of 1.4;

(iv)100 or more detonators,

the matters in Schedule 10 clauses 2, 3A and 4;

(c)the measures that will be taken to ensure that the required details of any explosive received at, or despatched from, the site are recorded and reconciled with the required details of any explosive on the site;

(d)the measures that will be taken to ensure that no explosive at the site is supplied to a person unless the person is an authorised person;

(e)the measures that will be taken to ensure that a record is kept of —

(i)the details of any person to whom an explosive at the site is supplied and the person’s authority under these regulations to possess the explosive; and

(ii)the required details of the explosive supplied;

(f)the measures that will be taken to ensure any unlawful entry or attempted unlawful entry to the site or any theft, attempted theft, or unexplained loss, of any explosive at the site is investigated and reported to the Chief Officer.

(5)An explosives management plan for the purposes of an explosives transport licence, must include the following —

(a)the matters in Schedule 10 clauses 2, 3A and 4;

(b)the measures that will be taken to ensure that any explosive is loaded for transport and unloaded after transport at a place where the explosive is secure;

(c)the measures that will be taken to monitor at all times the location of any explosive while it is being transported;

(d)the measures that will be taken to ensure that —

(i)any unlawful entry to or use of a vehicle used to transport any explosive, or any attempted such entry or use; or

(ii)any theft, attempted theft or unexplained loss of any explosive while it is being transported,

is investigated and reported to the Chief Officer;

(e)the measures that will be taken to ensure that the required details of any explosive being transported is recorded at the beginning and end of the journey and reconciled;

(f)the measures that will be taken to ensure that no explosive is consigned for transport by or to a person unless the person is an authorised person;

(g)the measures that will be taken to ensure that a record is kept of —

(i)the details of the consignor and consignee of any explosive being transported and their authority under these regulations to possess the explosive; and

(ii)the required details of the explosive supplied.

(6)An explosives management plan for the purposes of a fireworks contractor licence, must include the following —

(a)the matters in Schedule 10 clauses 2, 3A, 3 and 4;

(b)in respect of the fireworks to which the licence will relate, the measures that will be taken before they are used at a fireworks event —

(i)to ensure they will function in the way they are designed to function, such as by initiating samples of them; and

(ii)to test the means that will be used to initiate them at the event;

(c)in respect of fireworks events to which the licence will relate —

(i)the procedures that will be followed if weather conditions occur that may adversely affect preparations for the event, the event itself or any firework that may be used in it;

(ii)the measures that will be taken to ensure that spectators at the event and any person not authorised to use fireworks at the event are kept a safe distance from the fireworks before and during the event;

(iii)the measures that will be used to prevent a misfire of a firework;

(iv)the measures that will be used to determine if a misfire of a firework has occurred and the procedures that will be followed if a misfire does occur;

(v)the measures that will be taken to collect and remove any uninitiated firework and any debris from initiated fireworks from the area where the event occurs before any person who is not an authorised person enters the area.

[Regulation 161 amended in Gazette 16 Mar 2012 p. 1188‑9.]

162.Chief Officer’s powers for dealing with applications for licences

(1)For the purposes of deciding an application for a licence, the Chief Officer may request the applicant —

(a)to give the Chief Officer any other information that is reasonably necessary in order to decide the application;

(b)to permit the Chief Officer or a person nominated by the Chief Officer to inspect any place to which the licence would relate;

(c)to give the Chief Officer a report by a person nominated by the Chief Officer about the suitability of any place to which the licence would relate for the manufacture, storage or transport (as the case requires) of explosives to which the licence would relate;

(d)to amend and resubmit any explosives management plan required by regulation 157(7) that is inadequate;

(e)if the applicant is an individual, to give the Chief Officer a report by —

(i)a medical practitioner registered under the Medical Practitioners Act 2008, or under a law of another State or a Territory that substantially corresponds to that Act, about the person’s physical health and fitness to engage safely in the activities that would be authorised by the licence;

(ii)a psychologist registered under the Psychologists Act 2005, or under a law of another State or a Territory that substantially corresponds to that Act, about the person’s mental health and fitness to engage safely in the activities that would be authorised by the licence.

(2)On an application for a licence, the Chief Officer may request —

(a)if the applicant is an individual, the applicant; or

(b)if the applicant is a body corporate or a partnership, the individual specified in the application under regulation 157(5)(b),

to demonstrate that he or she is competent to engage safely in the activities that would be authorised by the licence and to keep any explosive possessed under the licence secure.

(3)An applicant who does not obey a request made under this regulation within 21 days after the date on which it is made, or any longer period permitted by the Chief Officer, is to be taken to have withdrawn the application and is entitled to a refund of the fee.

(4)In making a request under this regulation, the Chief Officer may require an applicant to verify information by means of a statutory declaration.

[Regulation 162 amended in Gazette 24 Nov 2009 p. 4740.]

163.Licence for place that is or may be major hazard facility

(1)In this regulation —

MHF stands for major hazard facility;

MHF Regulations means the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007.

(2)If —

(a)an application is made for an explosives manufacture licence in respect of a dangerous goods site that, under the MHF Regulations, is an MHF; and

(b)the type and quantity of dangerous goods that would be permitted to be on the site (including explosives to which the licence would relate if it were issued) are such that an approved safety report for the site would be required under those regulations,

the Chief Officer may refuse to decide the application until a safety report for the site is approved under those regulations.

(3)If —

(a)an application is made for an explosives manufacture licence in respect of a dangerous goods site that, under the MHF Regulations, is not an MHF; but

(b)the type and quantity of dangerous goods that would be permitted to be on the site (including explosives to which the licence would relate if it were issued) are such that the site may be classified as an MHF under those regulations,

the Chief Officer may refuse to decide the application until either —

(c)a decision is made not to classify the site as an MHF; or

(d)the site is classified as an MHF and a safety report for the site is approved under those regulations.

164.Deciding applications for licences

(1)On an application for a licence, the Chief Officer may refuse the application or, subject to this regulation, issue the licence.

(2)The Chief Officer must not issue the licence unless satisfied as to each of these matters —

(a)that the application complies with regulation 157;

(b)that the applicant has a genuine need for the licence;

(c)if the applicant is an individual, that the applicant —

(i)has reached the required age for the licence; and

(ii)has a security clearance that was issued not more than 5 years prior to the date of the application; and

(iii)is physically and mentally fit to engage safely in the activities that would be authorised by the licence;

(d)if the application is by an individual for —

(i)an explosives driver licence; or

(ii)a shotfiring licence; or

(iii)a fireworks operator licence; or

(iv)a pyrotechnics (special use) licence,

that the applicant is competent to engage safely in the activities that would be authorised by the licence;

(e)if the applicant is a body corporate or a partnership, that each individual specified in the application under regulation 157(5)(b) —

(i)has reached the required age; and

(ii)is concerned in the management of, or employed by, the body or partnership; and

(iii)has a security clearance that was issued not more than 5 years prior to the date of the application;

(f)if under regulation 157(7) an explosives management plan is required to accompany the application, that the plan —

(i)complies with regulation 161; and

(ii)adequately assesses the risks that it is required to assess; and

(iii)contains provisions that are adequate to minimise those risks.

(3)In addition, the Chief Officer must not issue an explosives transport licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.

(4)In addition, the Chief Officer must not issue an explosives driver licence if —

(a)the applicant does not hold, or is disqualified from holding or obtaining, a licence that authorises the applicant to drive a vehicle on a road; or

(b)the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road; or

(c)in the 5 years before the day when the application is made —

(i)the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting more than a Category 1 load, as that term is defined in regulation 95; or

(ii)any licence to drive a vehicle on a road held by the applicant has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting such a load.

(5)In addition, on an application by an individual for a licence other than a licence mentioned in subregulation (2)(d), the Chief Officer must not issue a licence if he or she believes that the individual is not competent to engage safely in the activities that would be authorised by the licence and to keep any explosive possessed under the licence secure.

(6)In addition, on an application by a body corporate or a partnership, the Chief Officer must not issue a licence if he or she believes that any individual specified in the application under regulation 157(5)(b) is not competent to engage safely in the activities that would be authorised by the licence and to keep any explosive possessed under the licence secure.

(7)As soon as practicable after making a decision under this regulation, the Chief Officer must give the applicant a written notice of —

(a)the decision; and

(b)if the decision is to refuse an application, the reasons for the decision.

(8)If the Chief Officer refuses an application for a licence, the applicant is entitled to a refund of the fee.

[Regulation 164 amended in Gazette 16 Mar 2012 p. 1189‑90.]

165.Licences issued to bodies corporate and partnerships

(1)A licence issued to a body corporate or a partnership must specify the personal details of at least one individual who is responsible for the safety and security of any explosive possessed by the body or partnership under any licence issued to it.

(2)A body corporate or a partnership that holds a licence may at any time apply to have the licence amended so as to add, amend or remove the personal details of an individual responsible for the safety and security of any explosive possessed by the body or partnership under any licence issued to it.

(3)The application must be made in accordance with regulation 172.

(4)On such an application, the Chief Officer must not amend the licence unless satisfied —

(a)the application is made in accordance with regulation 172; and

(b)that any individual whose personal details are to be added to the licence —

(i)has reached the required age; and

(ii)is concerned in the management of, or employed by, the body or partnership; and

(iii)has a security clearance that was issued not more than 5 years prior to the date of the application.

(5)A licence issued to a body corporate or a partnership ceases to have effect if every individual specified in the licence under this regulation —

(a)ceases to be concerned in the management of, or employed by, the body or partnership; or

(b)ceases to have a security clearance.

[Regulation 165 amended in Gazette 16 Mar 2012 p. 1190.]

166.Conditions of licences

(1)A licence may be subject to conditions decided by the Chief Officer and imposed when it is issued or while it has effect.

(2)Any such conditions must be specified in the licence.

(3)Conditions that may be imposed include —

(a)a condition that the licence relate to one explosive or more than one, specified in the licence;

(b)a condition that the licence relate to a maximum quantity of an explosive specified in the licence;

(c)a condition that limits the time, place or circumstances in which an activity authorised by the licence may be conducted;

(d)any condition that is reasonably necessary to ensure, so far as is practicable, that any explosive to which the licence relates will be secure;

(e)any condition that is reasonably necessary to ensure, so far as is practicable, that any activity that is authorised by the licence is conducted safely;

(f)any condition that is reasonably necessary to minimise the risks in relation to any explosive to which the licence relates in relation to people, property or the environment.

(4)In addition, conditions that may be imposed on an explosives manufacture (MPU) licence or an explosives transport licence may include conditions about —

(a)the areas where a vehicle can or cannot be used to transport constituents of explosives, explosives or particular explosives under the licence;

(b)periodic inspections of such a vehicle.

(5)In addition, conditions that may be imposed on an explosives driver licence may include conditions about —

(a)the vehicles that may be driven by the holder to transport explosives;

(b)the containers that may or may not be used to transport explosives in a vehicle driven by the holder;

(c)the supervision of the holder when driving a vehicle transporting explosives;

(d)medical examinations that the holder must undergo in accordance with the publication referred to in regulation 158(c).

167.Duration of licences

(1)A licence has effect on and from the date it is issued —

(a)for the term specified in it, being 3 years or less; or

(b)until it is cancelled before that term expires.

(2)A licence is to be taken to have been cancelled if —

(a)it ceases to have effect under these regulations; or

(b)the holder, being a body corporate or a partnership, is dissolved; or

(c)the holder, being an individual —

(i)dies; or

(ii)ceases to have a security clearance.

168.Form of licences

(1)A licence must be in writing in such form as the Chief Officer decides.

(2)If the Chief Officer issues a licence to a person, the Chief Officer may also issue the person a card, in such form as the Chief Officer decides, that certifies the person holds the licence.

169.Licences not transferable etc.

(1)A licence is valid only for the person to whom it is issued.

(2)A licence that relates to an explosive specified in it is valid only for that explosive.

(3)A licence that relates to a maximum quantity of an explosive specified in it is valid only for that quantity.

(4)A licence that relates to a place specified in it is valid only for that place.

170.Licences may be surrendered

(1)A licence holder may surrender the licence by giving it to the Chief Officer with written notice that it is being surrendered.

(2)On being so notified the Chief Officer must cancel the licence.

171.Lost licences and cards may be replaced

(1)If the Chief Officer is satisfied that a licence has been destroyed, lost or stolen, the Chief Officer may issue a replacement.

(2)If the Chief Officer is satisfied that a card issued to a person under regulation 168(2) has been destroyed or lost, the Chief Officer may issue a replacement, on payment of the fee.

(3)If the Chief Officer is satisfied that a card issued to a person under regulation 168(2) has been stolen, the Chief Officer may issue a replacement for no fee.

172.Amending licences

(1)In this regulation —

amend a licence, includes to amend, include and remove a condition of the licence.

(2)A licence holder may apply to amend the licence.

(3)The application must —

(a)be in an approved form; and

(b)be accompanied by any document that is required by the approved form; and

(c)be accompanied by the fee (if any), unless a fee will be payable under regulation 184 if the licence is amended; and

(d)be made to the Chief Officer.

(4)The Chief Officer may refuse the application, or grant it and amend the licence.

(5)If, while a licence has effect, the Chief Officer wants to amend it in any material way, the Chief Officer must —

(a)give the holder written notice of the proposal and reasons for it; and

(b)except where the removal of a condition is proposed, give the holder a reasonable opportunity to make submissions about the proposal; and

(c)consider any submissions and then decide whether to amend the licence; and

(d)give the holder written notice of the decision.

(6)Regulations 162 to 164, with any necessary changes, apply in relation to dealing with an application to amend a licence as if it were an application for a licence.

(7)Regulations 165 to 167, with any necessary changes, apply in relation to amending a licence in the same way as they apply to issuing a licence.

(8)If the Chief Officer decides to amend a licence, the Chief Officer must give the licence holder written notice of the decision that —

(a)states the date (being a date no earlier than the date on which the notice is received by the holder) on which the decision takes effect; and

(b)is accompanied by a replacement licence the terms of which incorporate the amendment.

(9)A decision by the Chief Officer to amend a licence has effect on the date stated in it under subregulation (8)(a).

173.Renewing licences, procedure for

(1)The holder of a licence that, under regulation 167(1)(a), will expire within 3 months may apply for a new licence of the same kind before it expires.

(2)An application cannot be made under this regulation if the licence has ceased to have effect.

(3)The application must —

(a)be in an approved form; and

(b)be accompanied by any document that is required by the approved form; and

(c)if it is by an individual, be accompanied by one recent photograph of the applicant that is 45-50 mm high and 35-40 mm wide; and

(d)if it is for an explosives driver licence, be accompanied by the evidence referred to in regulation 157(3)(d); and

(e)if it is for a shotfiring licence, be accompanied by the evidence referred to in regulation 157(3)(e); and

(f)if it is for a fireworks operator licence, be accompanied by the evidence referred to in regulation 157(3)(f); and

(g)if it is for a fireworks contractor licence, be accompanied by the material referred to in regulation 157(6); and

(h)if it is for a pyrotechnics (special use) licence, be accompanied by the evidence referred to in regulation 157(3)(g); and

(i)be accompanied by —

(i)the fee; or

(ii)if a fee is payable under regulation 184, the instalment payable under that regulation;

and

(j)be made to the Chief Officer.

(4)If the application is in respect of a licence referred to in regulation 157(7), it need not be accompanied by an explosives management plan but, if it is not, must certify when the explosives management plan that relates to the licence was last reviewed.

(5)Regulations 162 to 164, with any necessary changes, apply in relation to dealing with a renewal application as if it were an application for a licence.

(6)Regulations 165 to 167, with any necessary changes, apply in relation to renewing a licence in the same way as they apply to issuing a licence.

(7)If a renewal application is not granted or refused before the date on which the licence expires under regulation 167(1)(a), the licence has effect after that date until the application is granted or refused, unless in the meantime the licence is cancelled or the application is withdrawn.

(8)If the Chief Officer grants a renewal application before or after the date on which the licence expires under regulation 167(1)(a), the Chief Officer may issue a licence that has effect on and from that date instead of the date it is issued, despite regulation 167(1).

Division 3 — Suspending and cancelling licences

174.Grounds for suspending or cancelling

(1)Grounds to suspend a licence exist if —

(a)the holder, or an individual specified in the licence under regulation 165, is charged in this State or elsewhere with a relevant offence; or

(b)there are reasonable grounds to suspect the holder —

(i)has not complied with the licence; or

(ii)has not complied with the Act, these regulations or any other regulations made under the Act; or

(iii)in purported compliance with the Act, these regulations, or the licence, gave false or misleading information; or

(iv)is not physically and mentally fit to engage safely in the activities that would be authorised by the licence; or

(v)is not competent to engage safely in the activities that would be authorised by the licence; or

(vi)is not qualified under these regulations to hold the licence;

or

(c)there are reasonable grounds to suspect that a place to which the licence relates does not comply with these regulations or a condition of the licence; or

(d)there are reasonable grounds to suspect that if an application were made for the licence, the Chief Officer may or would have to refuse it under regulation 164.

(2)Grounds to suspend or cancel a licence exist if —

(a)the holder is convicted in this State or elsewhere of a relevant offence; or

(b)the holder has not paid any fee payable under these regulations.

[Regulation 174 amended in Gazette 16 Mar 2012 p. 1190.]

175.Procedure for suspending or cancelling

(1)This regulation applies if the Chief Officer considers there are grounds to suspend or cancel a licence and proposes to suspend or cancel it (the proposed action), unless regulation 176 applies.

(2)The Chief Officer must give the licence holder a written notice that —

(a)states the proposed action; and

(b)if the Chief Officer proposes to suspend the licence, states the suspension period (either as a period of time or by reference to a future event); and

(c)states the grounds and the evidence for them; and

(d)states that the holder is entitled to give the Chief Officer written submissions about the proposed action; and

(e)states the date (the submission date), being at least 28 days after the date on which the notice is given to the holder, by which any such submission must be given.

(3)If after the submission date the Chief Officer, having considered any submissions received from the holder before that date, is satisfied there are grounds to do so, he or she may —

(a)suspend the licence for not longer than the suspension period stated in the notice; or

(b)cancel the licence.

(4)The Chief Officer must give the holder written notice of any decision to, or not to, suspend or cancel the licence with written reasons for any decision to suspend or cancel the licence.

(5)The suspension or cancellation of the licence has effect when the holder is given the notice or on any later date stated in it.

176.Suspension in urgent circumstances

(1)If the Chief Officer is satisfied —

(a)there are grounds to suspend or cancel a licence; and

(b)that if the procedure in regulation 175 were followed, an unacceptable risk in relation to an explosive in relation to people, property or the environment would exist while it is followed,

he or she may suspend the licence for such period as he or she decides by giving the holder of the licence a written notice of the suspension and the suspension period (stated either as a period of time or by reference to a future event) and written reasons for the decision.

(2)The suspension has effect when the holder is given the notice or on any later date stated in it.

(3)This regulation does not prevent the Chief Officer from also taking action under regulation 175 to cancel a licence.

177.Licences etc. to be returned on cancellation etc.

If the Chief Officer suspends or cancels a licence, the holder must return it, and any card issued under regulation 168(2) in relation to it, to the Chief Officer within 14 days after the date of receiving notice of the suspension or cancellation.

Penalty: a level 3 fine.

178.Suspension may be terminated

The Chief Officer may terminate the suspension of a licence at any time by giving the holder a written notice of the fact.

Division 4 — Duties of licence holders

179.Wrong information, duty to correct

(1)This regulation applies if the holder of a licence becomes aware that information given by the holder to the Chief Officer in, or in relation to, an application made under regulation 157, 172 or 173 is or has become incorrect in a material respect.

(2)Within 14 days after becoming aware of the matter, the holder must inform the Chief Officer about the matter and give the correct information to the Chief Officer.

Penalty: a level 3 fine.

180.Licence holder charged with or convicted of relevant offence to notify Chief Officer

A licence holder who is charged with or convicted of a relevant offence, in this State or elsewhere, must give the Chief Officer written notice of the fact as soon as practicable.

Penalty: a level 3 fine.

181.Licences relating to places, notification of development

(1)In this regulation —

development means the construction, alteration or removal of any fixture, plant or equipment that will be or is used to manufacture, process, pack, treat, destroy or store an explosive.

(2)The holder of a licence that relates to a place specified in it must give the Chief Officer written notice of any proposed development at the place.

Penalty: a level 3 fine.

182.Condition of licence, contravening

(1)A licence holder must not contravene a condition of the licence.

Penalty:

(a)if the condition is that imposed by regulation 194(2), a level 2 fine;

(b)otherwise, a level 1 fine and imprisonment for 10 months.

(2)It is a defence to a charge of an offence under subregulation (1) in which a breach of the condition referred to in regulation 194(2) is alleged to prove the accused acted in accordance with the AE Code or AS 2187.

[(3)deleted]

[Regulation 182 amended in Gazette 16 Mar 2012 p. 1190.]

Division 5 — Miscellaneous matters

183.Register of licences

(1)The Chief Officer must keep a register of all licences.

(2)The register must record all information relevant to the issue, amendment and renewal, and to any suspension or cancellation of licences.

(3)The register must be kept in such form and in such manner as the Chief Officer decides.

(4)The Chief Officer must ensure the information in the register is up-to-date.

184.Annual fee for major hazard facilities

(1)The holder of an explosives manufacture licence issued in respect of a dangerous goods site that, under the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007, is a major hazard facility must pay for each year —

(a)if under Schedule 3 of those regulations the site is a Class A place, a fee of $15 315;

(b)if under Schedule 3 of those regulations the site is a Class B place, a fee of $10 210;

(c)if under Schedule 3 of those regulations the site is a Class C place, a fee of $7 000;

(d)if under Schedule 3 of those regulations the site is a Class D place, a fee of $4 000.

(2)A fee payable under subregulation (1) must be paid quarterly in 4 equal instalments, the first instalment being due on the first date on which both of these conditions are satisfied —

(a)the site is subject to the explosives manufacture licence; and

(b)the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 require a safety report to have been approved for the site.

[Regulation 184 amended in Gazette 25 Jun 2010 p. 2876.]

Part 16  Fees for using State explosives facilities

185.Terms used in this Part

In this Part —

Baldivis facility means the SEF on the land being Reserve 38575 and being Lot 1340 on Deposited Plan 215902 and being the whole of the land in Crown Land Title Volume 3088 Folio 574;

Kalgoorlie facility means the SEF on the land being Reserve 3540 and being Lots 190 and 249 on Crown Land Title Volume LR3111 Folio 38;

magazine means a building designed and situated to store explosives safely;

official capacity of a magazine, means the storage capacity of the magazine determined by the Chief Officer;

SEF stands for State explosives facility;

type A facility means the Baldivis facility or the Kalgoorlie facility;

type B facility means an SEF other than the Baldivis facility or the Kalgoorlie facility.

186.Application of this Part

This Part applies to the holder of a licence referred to in this Part even if the holder occupies land in an SEF under a lease, sublease or licence granted under the Land Administration Act 1997 Part 4 by the management body of the SEF.

187.Fees to be paid quarterly

The fees payable under this Part must be paid in advance before 1 January, 1 April, 1 July and 1 October of each year for the quarter that begins on that date.

188.Fees for using SEF to manufacture explosives

The holder of an explosives manufacture licence that authorises the manufacture of an explosive at an SEF must pay for each year or part of a year a fee being —

(a)if the SEF is a type A facility — the greater of —

(i)$2 450; or

(ii)$6.50 per m2 or part thereof of the area of land occupied by the holder at the SEF other than for storing explosives;

(b)if the SEF is a type B facility — 50% of the fee that would be payable if paragraph (a) applied.

[Regulation 188 amended in Gazette 25 Jun 2010 p. 2876.]

189.Fees for using SEF to store explosives

The holder of an explosives storage licence that authorises the storage of an explosive at an SEF must pay for each year or part thereof a fee being —

(a)if the explosive is stored in a magazine provided by the State at a type A facility —

(i)if the licence authorises the storage of less than 100 kg of explosive — $153;

(ii)if the licence authorises the storage of 100 kg or more but not more than 1 000 kg of explosive — $153 plus $1.30 for each 10 kg or part thereof over 100 kg authorised by the licence;

(iii)if the licence authorises the storage of 1 000 kg or more of explosive — 125% of the fee in paragraph (b) for each 1 000 kg or part thereof of the official capacity of the magazine;

(b)if the explosive is stored in a magazine provided by the holder at a type A facility — $235 for each 1 000 kg or part thereof of the official capacity of the magazine;

(c)if the explosive is stored in a magazine at a type B facility — 50% of the fee in paragraph (b) for each 1 000 kg or part thereof of the official capacity of the magazine.

[Regulation 189 amended in Gazette 25 Jun 2010 p. 2876.]

190.Fees for using SEF to manufacture or store SRSs

(1)In this regulation —

SRS licence means —

(a)an SRS manufacture licence; or

(b)an SRS storage licence,

issued under the Dangerous Goods Safety (Security Risk Substances) Regulations 2007.

(2)The holder of an SRS licence that authorises the manufacture or storage of an SRS at an SEF must pay for each year or part thereof a fee being —

(a)if the SEF is a type A facility — the greater of —

(i)$2 450; or

(ii)$6.50 per m2 or part thereof of the area of land occupied by the holder at the SEF other than for storing explosives;

(b)if the SEF is a type B facility — 50% of the fee that would be payable if paragraph (a) applied.

[Regulation 190 amended in Gazette 25 Jun 2010 p. 2876.]

Part 17  Miscellaneous matters

191.State land, manufacture or storage on

A person must not manufacture or store an explosive or SRS on State land that the Minister controls and manages without the prior written approval of the Chief Officer.

Penalty: a level 2 fine.

192.“Safety management documents” prescribed (Act s. 3)

Each of the following documents is prescribed to be a safety management document for the purposes of the definition of “safety management document” in the Act section 3 —

(a)an explosives management plan referred to in regulation 161 that relates to a licence referred to in regulation 157(7);

(b)a blast plan referred to in regulation 130 and required to be prepared for the use of an explosive.

193.False or misleading information, offences

(1)A person must not record any information that the person knows is false or misleading in a plan, record or report that is required to be kept or made under these regulations.

Penalty: a level 1 fine and imprisonment for 10 months.

(2)A person must not give materially false or misleading information in, or in connection with —

(a)any notice that the person is required to give to another person under these regulations; or

(b)an application for or in relation to a licence; or

(c)any other application that may be made under these regulations.

Penalty: a level 1 fine and imprisonment for 10 months.

194.Explosives management plan, duties in respect of

(1)In this regulation —

explosives management plan, in relation to a licence, means the explosives management plan submitted or resubmitted with the application for the licence as revised from time to time in accordance with the plan by the holder of the licence;

licence means a licence referred to in regulation 157(7).

(2)It is a condition of a licence that the holder obey the explosives management plan that relates to the licence.

(3)If the holder of a licence is a body corporate or a partnership, each individual specified in the licence under regulation 165 is responsible for the implementation of the explosives management plan that relates to the licence.

(4)If the holder of a licence is a body corporate or a partnership, each individual concerned in the management of, or employed by, the body or partnership must obey the explosives management plan that relates to the licence.

Penalty: a level 2 fine.

(5)A person who works at a place —

(a)where explosives are stored or manufactured; or

(b)where the loading or unloading of explosives in connection with transporting them is carried out,

and to which a licence relates, must comply with any explosives management plan that relates to the licence.

Penalty: a level 2 fine.

(6)The holder of a licence must promptly give the Chief Officer written notice of any change of the identity or personal details of the individual responsible for ensuring the explosives management plan that relates to the licence is implemented.

Penalty: a level 3 fine.

195.Conditions of a permit, contravening

(1)A person who has —

(a)a test permit; or

(b)a fireworks event permit; or

(c)a permit issued under regulation 131,

[(d), (e)deleted]

must obey any condition that is in the permit.

Penalty: a level 1 fine and imprisonment for 10 months.

[(2)deleted]

[Regulation 195 amended in Gazette 16 Mar 2012 p. 1191.]

196.Permits have no effect if holder’s licence ceases to have effect

If, when a licence ceases to have effect, the holder also holds a permit issued under these regulations, the permit ceases to have effect at the same time.

197.Prescribed offences and modified penalties (Act s. 56)

For the purposes of the Act section 56 —

(a)each offence under these regulations the penalty for which is a level 2 fine or a level 3 fine is a prescribed offence unless the provision creating the offence is listed in the Table to this regulation; and

(b)the modified penalty for each such prescribed offence is 10% of the maximum fine for the offence under these regulations.

Table

Provision

Provision

Provision

r. 23

r. 133(1)

r. 194(4)

r. 39(4)

r. 147(1)

r. 194(5)

r. 39(5)

r. 152

 

r. 39(6)

r. 155(2)

 

Note: the Dangerous Goods Safety (General) Regulations 2007 prescribe the form of an infringement notice and other matters for the purposes of the Act s. 56.

Part 18  Transitional matters

198.Term used in this Part

In this Part —

commencement means the day on which this Part comes into operation.

199.Authorised explosives

If immediately before commencement an explosive is declared under the Explosives and Dangerous Goods Act 1961 section 14 to be an authorised explosive for the purposes of that Act, then on commencement the explosive is to be taken to be an explosive that has been authorised under regulation 31.

200.Licences issued under Explosives and Dangerous Goods Act 1961

If immediately before commencement a person holds a valid licence issued under the Explosives and Dangerous Goods Act 1961 (the old law licence) that is described in column 1 of the Table to this regulation, then on commencement the person is to be taken to hold the licence issued under these regulations described in column 2 of the Table (the new law licence) and to do so —

(a)subject to these regulations; and

(b)subject to any condition to which the old law licence is subject; and

(c)until the old law licence would have expired under that Act.

Table

Old law licence

New law licence

Licence to Import Explosives

Explosives import/export licence

Licence to Manufacture Explosives

Explosives manufacture licence

Licence to Store Explosives

Explosives storage licence

Licence to Sell Explosives

Explosives supply licence

Shotfirer’s Permit restricted to outdoor fireworks

Fireworks contractor licence

Shotfirer’s Permit restricted to theatrical fireworks

Pyrotechnics (special use) licence to use only theatrical fireworks (as defined in regulation 136)

Shotfirer’s Permit restricted to explosives specified in the licence

Pyrotechnics (special use) licence to use the same explosives as those permitted under the old licence

Shotfirer’s Permit restricted to using explosives to blast

Shotfiring licence

201.Explosive vehicle licences issued under Dangerous Goods (Transport) Act 1998

If immediately before commencement a person holds one or more valid licences for a vehicle issued under the Dangerous Goods (Transport) (Explosives by Road and Rail) Regulations 1999 Part 5 Division 4 (an old vehicle licence), then on commencement the person is to be taken to hold —

(a)if one or more old vehicle licences relates to an MPU, an explosives manufacture (MPU) licence issued under these regulations; and

(b)if one or more old vehicle licences relates to a vehicle that is not an MPU, an explosives transport licence issued under these regulations,

and to hold that licence or those licences, as the case may be —

(c)subject to these regulations; and

(d)subject to any condition to which the old vehicle licence is subject; and

(e)until the old vehicle licence (or if there is more than one, the first of them) would have expired under the Dangerous Goods (Transport) (Explosives by Road and Rail) Regulations 1999.

202.Security clearances required within one year after commencement

(1)If —

(a)under regulation 200 or 201 a person is taken to hold a licence issued under these regulations; and

(b)under regulation 173 the person applies for a new such licence,

then, despite regulation 164(2)(c)(ii) or (e)(iii) (as the case may be), the Chief Officer may issue a new licence despite the fact that the person does not have a security clearance.

(2)If under subregulation (1) the Chief Officer issues a new licence to a person, then, despite the term specified in it, the licence ceases to have effect at the end of the 12 months that begin on commencement, if at that time the Chief Officer is not satisfied the person has a security clearance.

203.Explosives management plans required within one year after commencement

(1)If —

(a)under regulation 200 or 201 a person is taken to hold a licence under these regulations; and

(b)the licence is one referred to in regulation 157(7); and

(c)under regulation 173 the person applies for a new such licence,

then, despite regulation 173(4), the Chief Officer may issue a new licence despite the fact that the person has not given the Chief Officer an explosives management plan or a certificate under regulation 173(4).

(2)If under subregulation (1) the Chief Officer issues a new licence to a person, then, despite the term specified in it, the licence ceases to have effect at the end of the 12 months that begin on commencement if at that time the Chief Officer is not satisfied —

(a)that the person has given the Chief Officer an explosives management plan for the purposes of the licence; and

(b)that the plan —

(i)complies with regulation 161; and

(ii)adequately assesses the risks that it is required to assess; and

(iii)contains provisions that are adequate to minimise those risks.

204.Explosives driver licence issued under Dangerous Goods (Transport) Act 1998

(1)If immediately before commencement a person holds a valid explosives driver licence issued under the Dangerous Goods (Transport) (Explosives by Road and Rail) Regulations 1999 Part 5 Division 3 (an old driver licence), then on commencement the person is to be taken to hold an explosives driver licence issued under these regulations and to do so —

(a)subject to these regulations; and

(b)subject to any condition to which the old driver licence is subject; and

(c)until —

(i)the old driver licence would have expired under the Dangerous Goods (Transport) (Explosives by Road and Rail) Regulations Act 1999; or

(ii)the end of the 12 months that begin on commencement if at that time the Chief Officer is not satisfied the person has a security clearance,

whichever occurs first.

(2)If —

(a)under subregulation (1) a person is taken to hold an explosives driver licence issued under these regulations; and

(b)under regulation 173 the person applies for a new explosives driver licence in the 12 months that begin on commencement,

then, despite regulation 164(2)(c)(ii), the Chief Officer may issue a new explosives driver licence despite the fact that the person does not have a security clearance.

(3)If under subregulation (2) the Chief Officer issues a new explosives driver licence to a person, then despite the term specified in it, the licence ceases to have effect if the person does not, in the 12 months that begin on commencement, satisfy the Chief Officer that the person has a security clearance.

205.State explosive facilities, when new fees apply

If immediately before commencement a person —

(a)is a lessee under a lease to which the Explosives and Dangerous Goods (Explosives) Regulations 1963 regulation 59 applies; or

(b)is otherwise entitled to occupy any part of a State explosives facility,

then regulations 188 to 190 of these regulations apply to the person on and from the start of the quarter referred to in regulation 187 that first starts after commencement day.

206.Compliance with AE Code Second Edition a defence until 1 January 2010

(1)In this regulation —

AEC 2 means the Australian Code for the Transport of Explosives by Road and Rail, Second Edition 2000, published by the Commonwealth of Australia (ISBN 0 642 41486 6) including (for the avoidance of doubt) its technical appendices.

(2)It is a defence to a charge of an offence against these regulations that is constituted by a contravention of a provision of the AE Code and alleged to have occurred before 1 January 2010 to prove the act or omission alleged would not have contravened AEC 2.

[Regulation 206 inserted in Gazette 24 Nov 2009 p. 4740.]

 

Schedule 1  Fees

[r. 3]

Item

Fee for

Fee ($)

1.

Application for a security card (r. 17(3))

159

2.

Application for a test permit (r. 27(2)(d))

160

3.

Application to have an explosive authorised (r. 30(2)(j))

138

4.

Application for a fireworks event permit (r. 149(1)(e)) — one fee being whichever of the following is the highest fee applicable to the event —

 

 

(a)if the event fireworks include fireworks that are a ground display

51

 

(b)if the event fireworks include aerial shells of not more than 125 mm diameter


102

 

(c)if the event fireworks include aerial shells of more than 125 mm and not more than 300 mm diameter


255

 

(d)if the event fireworks include aerial shells of more than 300 mm diameter


510

5.

Application for a licence, for the term of the licence per year or part of a year (r. 157(1)(c)) —

 

 

(a)explosives import/export licence

163

 

(b)explosives manufacture licence, unless a fee is payable under regulation 184


347

 

(c)explosives manufacture (MPU) licence

800

 

(d)explosives storage licence —

 

 

(i)for less than 1 t of explosives

102

 

(ii)for 1 t or more but not more than 5 t of explosives


123

 

(iii)for more than 5 t of explosives

327

 

(e)explosives transport licence

817

 

(f)explosives driver licence

20.40

 

(g)explosives supply licence

56

 

(h)shotfiring licence

20.40

 

(i)fireworks contractor licence

81.50

 

(j)fireworks operator licence

20.40

 

(k)pyrotechnics (special use) licence

20.40

6.

Replacement card (r. 171(2))

20

7.

Application for renewal of a licence (r. 173(3)(i)) — the fee in item 5 for the licence

 

[Schedule 1 amended in Gazette 16 Jun 2009 p. 2196; 25 Jun 2010 p. 2876-7; 16 Mar 2012 p. 1191.]

Schedule 2  Prohibited explosives

[r. 3]

1.Explosive containing chlorate etc.

An explosive that contains a chlorate mixed with an ammonium salt is a prohibited explosive.

2.Fireworks, various types of

(1)In this clause, unless the contrary intention appears —

candle means a firework that is a single tube designed to shoot fireworks into the air intermittently with or without emitting sparks between each such shot;

cracker means a firework that is a tube of rolled paper fitted with a wick and designed to explode with a single sharp report, but does not include a snap for either a bonbon or Christmas cracker;

cracker chain means a chain of crackers connected to one another so as to produce a series of reports in rapid succession after the chain’s fuse is ignited;

flash powder means a substance, other than black powder, that explodes and produces a brilliant flash of light and a loud sound;

fountain means a firework that is a single tube designed to shoot sparks and burning glitter into the air continuously for a period;

multi-shot box item means a firework that comprises candles, or fountains, or both, fastened together in parallel and designed so that the components fire in a sequence from a single point of initiation;

salute means a firework that is designed to be propelled into the air, or to propel itself into the air, and then to produce a loud report with or without a brilliant flash of light or sparks;

sky rocket means a firework that when initiated produces a jet of flame to propel it into the air and that may or may not contain other explosives that are initiated when the propellant is finished to produce aural or visual effects.

(2)Each of the following is a prohibited explosive —

(a)a firework from which an explosive may escape;

(b)a firework, other than an unrestricted firework, that contains a chlorate salt, whether or not the firework contains another substance;

(c)a firework containing or attached to a thing capable of initiating the firework by friction or percussion;

(da)a sparkler the combustible part of which is more than 300 mm long;

(d)a cracker, other than a cracker that is a component in a cracker chain that is not a prohibited explosive under paragraph (e);

(e)a cracker chain —

(i)in which any cracker is more than 75 mm long or has a diameter of more than 30 mm; or

(ii)which is designed so that 3 or more of the crackers will initiate simultaneously;

(f)a candle with an internal diameter of more than 25 mm containing flash powder;

(g)a candle, not being a candle referred to in paragraph (f), with an internal diameter of more than 50 mm;

(h)a fountain with an internal diameter of more than 125 mm;

(i)a multi-shot box item in which any candle or fountain has an internal diameter of more than 50 mm;

(j)a cylindrical salute with a length of more than 75 mm;

(k)a spherical salute with a diameter of more than 75 mm;

(l)a sky rocket.

[Clause 2 amended in Gazette 16 Mar 2012 p. 1191.]

 

Schedule 3  Unrestricted fireworks

[r. 3]

Item

Description of article

1.

Party popper (also called a streamer cone) in which the NEQ is not more than 1.6 g per 1 000 of such articles.

2.

Percussion cap for a toy pistol (also called an amorce).

3.

Percussion cap for a starting pistol.

4.

Snap for either a bonbon or Christmas cracker in which the NEQ is not more than 1.6 g per 1 000 of such articles.

5.

Throwdown in which the NEQ is not more than 2.6 g per 1 000 of such articles.

 

Schedule 4  Explosives that may be possessed without a licence

[r. 46]

1.Sparklers

A person may possess a sparkler.

[Clause 1 inserted in Gazette 16 Mar 2012 p. 1191.]

2.Cartridges for safety devices etc.

A person may possess a power device cartridge if in the circumstances the person has a reasonable reason to possess it.

3.Cartridges for nail guns etc.

A person may possess a power tool cartridge if in the circumstances the person has a reasonable reason to possess it.

4.Emergency devices

A person may possess an emergency device if in the circumstances the person has a reasonable reason to possess it.

[Clause 4 inserted in Gazette 16 Mar 2012 p. 1192.]

5.Ammunition, ammunition propellant and black powder

A person may possess ammunition, ammunition propellant or black powder if authorised under the Firearms Act 1973 to do so.

[Clause 5 inserted in Gazette 16 Mar 2012 p. 1192.]

6.Model rocket motors

A person may possess a model rocket motor if the NEQ in the motor is not more than 62.5 g.

[Clause 6 inserted in Gazette 16 Mar 2012 p. 1192.]

Schedule 5  Explosives that may be manufactured without a licence

[r. 64]

1.Ammunition for private use

A person may manufacture ammunition by filling cartridge cases with ammunition propellant if —

(a)the person uses ammunition propellant possessed by the person under Schedule 4 clause 5; and

(b)the person holds a licence under the Firearms Act 1973 that authorises the person to possess the ammunition; and

(c)the ammunition is not sold.

Schedule 6  Explosives that may be stored without a licence

[r. 76]

1.Sparklers

A person may store a sparkler at any place.

[Clause 1 inserted in Gazette 16 Mar 2012 p. 1192.]

2.Cartridges for safety devices etc.

A person may store a power device cartridge at any place.

3.Cartridges for nail guns etc.

A person may store a power tool cartridge at any place.

4.Emergency devices

A person may store an emergency device at any place if —

(a)there is not more than 2.5 kg of emergency devices with a classification code of 1.1 or 1.2 at the place; and

(b)there is not more than 15 kg of emergency devices with a classification code of 1.3 at the place; and

(c)there is not more than 30 kg of emergency devices with a classification code of 1.4 at the place.

5.Ammunition, ammunition propellant and black powder

(1)A person may store any quantity of ammunition at any place.

(2)A person may store ammunition propellant or black powder at any place if —

(a)the NEQ of any ammunition propellant, excluding any ammunition propellant in ammunition, stored at the place is not more than 15 kg; and

(b)there is not more than 4 kg of black powder at the place.

6.Model rocket motors

A person may store a model rocket motor at any place if the NEQ in the motor is not more than 62.5 g.

[Clause 6 inserted in Gazette 16 Mar 2012 p. 1193.]

Schedule 7  Explosives that may be transported without a licence

[r. 97]

1.Sparklers

A person may transport any quantity of sparklers that have a classification code of 1.4G or 1.4S.

2.Cartridges for safety devices

A person may transport any quantity of power device cartridges.

3.Cartridges for nail guns etc.

A person may transport any quantity of power tool cartridges.

4.Emergency devices

A person may transport an emergency device if —

(a)there is not more than 50 kg of emergency devices with a classification code of 1.3G in the vehicle; and

(b)there is not more than 250 kg of emergency devices with a classification code of 1.4 in the vehicle.

[Clause 4 amended in Gazette 16 Mar 2012 p. 1193.]

5.Ammunition, ammunition propellant and black powder

(1)A person may transport any quantity of ammunition.

(2)A person may transport ammunition propellant or black powder if —

(a)the NEQ of any ammunition propellant, excluding any ammunition propellant in ammunition, in the vehicle is not more than 50 kg; and

(b)there is not more than 4 kg of black powder in the vehicle.

[Clause 5 amended in Gazette 16 Mar 2012 p. 1193.]

6.Model rocket motors

A person may transport any quantity of model rocket motors if the NEQ in each motor is not more than 62.5 g.

[Clause 6 inserted in Gazette 16 Mar 2012 p. 1193.]

Schedule 8  Explosives that may supplied without a licence

[r. 112]

1.Sparklers

A person may supply a sparkler.

2.Cartridges for safety devices etc.

A person may supply a power device cartridge.

3.Cartridges for nail guns etc.

A person may supply a power tool cartridge.

4.Emergency devices

A person may supply an emergency device.

5.Ammunition, ammunition propellant and black powder

A person may supply ammunition, ammunition propellant or black powder if authorised under the Firearms Act 1973 to do so.

[Clause 5 inserted in Gazette 16 Mar 2012 p. 1193.]

Schedule 9  Explosives that may be used without a licence

[r. 125(1)]

1.Sparklers

A person may use a sparkler.

2.Cartridges for safety devices etc.

A person may use a power device cartridge if the person uses it —

(a)for the purposes for which it is designed; and

(b)in accordance with its manufacturer’s directions for its use.

3.Cartridges for nail guns etc.

A person may use a power tool cartridge if the person uses it —

(a)for the purposes for which it is designed; and

(b)in accordance with its manufacturer’s directions for its use.

4.Emergency devices

A person may use an emergency device if the person uses it in accordance with its manufacturer’s directions for its use and —

(a)for the purposes for which it is designed; or

(b)to show another person how to correctly use such a device; or

(c)while skydiving for the purposes of public entertainment.

[Clause 4 amended in Gazette 16 Mar 2012 p. 1194.]

5.Ammunition

(1)A person may use ammunition if authorised under the Firearms Act 1973 to do so.

(2)A person may use ammunition propellant if it is in ammunition that is used under subclause (1).

(3)A person may use black powder if the person holds a licence under the Firearms Act 1973 that authorises the person to possess a firearm that uses black powder and uses the powder in that firearm.

6.Model rocket motors

A person may use a model rocket motor if the NEQ in the motor is not more than 62.5 g.

[Clause 6 inserted in Gazette 16 Mar 2012 p. 1194.]

Schedule 10 — Provisions for required plans

[r. 161]

1.Terms used in this Schedule

In this Schedule —

licence means a licence or permit referred to in the definition of “required plan”;

required plan means an explosives management plan referred to in regulation 161 and required under regulation 157(7) to accompany an application for a licence referred to in that regulation.

2.General matters

If a required plan is required to contain the matters in this clause it must contain the following —

(a)the measures that will be taken to ensure any dangerous goods incident involving an explosive is reported to the Chief Officer as soon as practicable;

(b)the measures that will be taken to ensure that people who may have access to an explosive are instructed about and comply with these regulations;

(c)the measures that will be taken to ensure that people who may have access to an explosive are instructed about and comply with the plan;

(d)the measures that will be taken to monitor and ensure compliance with the plan;

(e)the measures that will be taken to ensure the plan and its effectiveness are reviewed regularly and that the plan is revised if necessary;

(f)the measures that will be taken to ensure a record is kept of measures taken under the plan.

[Clause 2 inserted in Gazette 16 Mar 2012 p. 1194‑5.]

3A.Emergency management plans

If a required plan is required to contain the matters in this clause it must contain an emergency management plan to deal with any dangerous goods incident, or any dangerous situation, involving an explosive that might occur that includes these matters —

(a)the equipment and facilities that will be available;

(b)the procedures that will be followed and the measures that will be taken, including matters such as sounding alarms and evacuating people;

(c)the measures that will be taken to investigate why the incident or situation occurred;

(d)the individuals who will be responsible for implementing the emergency management plan;

(e)the measures that will be taken to train people to execute the emergency management plan;

(f)which emergency services and other people will be given a copy of the emergency management plan.

[Clause 3A inserted in Gazette 16 Mar 2012 p. 1195.]

3.Safety matters

If a required plan is required to contain the matters in this clause it must contain the following —

(a)an assessment of the risks in relation to any explosive possessed under the licence in relation to people, property or the environment;

(b)the measures that will be taken to ensure there is an ongoing assessment of those risks;

(c)the measures that will be taken to minimise those risks;

(d)the measures that will be taken to ensure that structures and things used to minimise those risks are inspected and tested regularly and maintained;

(e)the measures that will be taken to ensure that any person handling any explosive possessed under the licence is competent to do so;

(f)the measures that will be taken to ensure that explosives or other articles or substances that are not compatible with one another are kept adequately separated.

4.Security matters

(1)In this clause —

authorised person, in relation to an explosive, means a person who is authorised to possess the explosive under the Act, these regulations or a law of the Commonwealth.

(2)If a required plan is required to contain the matters in this clause it must contain the following —

(a)an assessment of the risks of the sabotage, theft or unexplained loss of, or access by any unauthorised person to, any explosive possessed under the licence;

(b)the measures that will be taken to ensure there is an ongoing assessment of those risks;

(c)the measures that will be taken —

(i)to minimise those risks; and

(ii)to keep any such explosive secure;

(d)the measures that will be taken to ensure that structures and things used to keep any such explosive secure are inspected regularly and maintained;

(e)the measures that will be taken to control and monitor people’s access to any such explosive;

(f)the measures that will be taken to ensure that no individual has unsupervised access to any such explosive unless he or she is an authorised person;

(g)the measures that will be taken to ensure that any individual who is not an authorised person is supervised at any time he or she has access to any such explosive;

(h)the measures that will be taken to ensure a record is kept of the name and address of every individual who has supervised or unsupervised access to any such explosive.

Schedule 11  Central business districts

[r. 107]

1.Fremantle central business district

The Fremantle central business district is the land bounded by a line that goes —

from the western end of the South Mole, easterly and north easterly along Fleet Street, Phillimore Street, Elder Place and Beach Street to James Street;

then southerly along James Street , Ord Street and Hampton Road to the intersection of Hampton Road and Douro Road ;

then westerly along Douro Road ;

then west from the end of Douro Road to the sea;

but does not include James Street , Ord Street or Hampton Road .

[Clause 1 amended in Gazette 16 Mar 2012 p. 1196.]

2. Perth central business district

The Perth central business district is the land bounded by a line that goes —

from the intersection of Kings Park Road and Thomas Street, north easterly along Thomas Street and Loftus Street to Newcastle Street;

then south easterly along Newcastle Street ;

then southerly along Lord Street to the Perth-Midland railway reserve;

then north easterly and easterly along the Perth-Midland and Perth‑Armadale railway reserves to the western foreshore of the Swan River ;

then southerly and south westerly along the western foreshore of the Swan River to the Causeway;

then westerly along the Causeway and Riverside Drive to Barrack Street ;

then northerly along Barrack Street ;

then westerly along the Esplanade and Mounts Bay Road to Spring Street;

then north westerly along Spring Street to Mount Street ;

then south westerly along Mount Street to Cliff Street ;

then north westerly along Cliff Street to Malcolm Street ;

then south westerly along Malcolm Street to Kings Park Road ;

then westerly along Kings Park Road to the start;

but does not include Thomas Street , Loftus Street, Newcastle Street, the Kwinana Freeway, the Mitchell Freeway, the Causeway or Riverside Drive .

 

Notes

1This is a compilation of the Dangerous Goods Safety (Explosives) Regulations 2007 and includes the amendments made by the other written laws referred to in the following table 1a.

Compilation table

Citation

Gazettal

Commencement

Dangerous Goods Safety (Explosives) Regulations 2007

31 Dec 2007 p. 6541-717

r. 1 and 2: 31 Dec 2007 (see r. 2(a);Regulations other than r. 1 and 2: 1 Mar 2008 (see r. 2(b) and Gazette 29 Feb 2008 p. 669)

Dangerous Goods Safety (Explosives) Amendment Regulations (No. 3) 2009

16 Jun 2009 p. 2195‑6

r. 1 and 2: 16 Jun 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))

Dangerous Goods Safety (Explosives) Amendment Regulations 2009

21 Aug 2009 p. 3271-2

r. 1 and 2: 21 Aug 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 22 Aug 2009 (see r. 2(b))

Dangerous Goods Safety (Explosives) Amendment Regulations (No. 2) 2009

24 Nov 2009 p. 4737‑40

r. 1 and 2: 24 Nov 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 25 Nov 2009 (see r. 2(b))

Dangerous Goods Safety (Explosives) Amendment Regulations (No. 2) 2010

25 Jun 2010 p. 2875-7

r. 1 and 2: 25 Jun 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))

Dangerous Goods Safety (Explosives) Amendment Regulations 2012

16 Mar 2012 p. 1173‑96

r. 1 and 2: 16 Mar 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 17 Mar 2012 (see r. 2(b))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation

Gazettal

Commencement

Dangerous Goods Safety (Explosives) Amendment Regulations (No. 3) 2012 r. 3‑18 2

16 Mar 2012 p. 1263‑9

1 Apr 2012 (see r. 2(b))

2On the date as at which this compilation was prepared, the Dangerous Goods Safety (Explosives) Amendment Regulations (No. 3) 2012 r. 3‑18 had not come into operation. They read as follows:

 

3.Regulations amended

These regulations amend the Dangerous Goods Safety (Explosives) Regulations 2007.

4.Regulation 3 amended

In regulation 3 insert in alphabetical order:

 

annual fee, for a trading licence, means the annual fee in Schedule 1 for the licence;

trading licence means —

(a)an explosives import/export licence; or

(b)an explosives manufacture licence; or

(c)an explosives manufacture (MPU) licence; or

(d)an explosives storage licence; or

(e)an explosives transport licence; or

(f)an explosives supply licence;

 

5.Regulation 157 amended

(1)Delete regulation 157(1)(c) and insert:

 

(c)if the application is not for a trading licence, be accompanied by the fee; and

(da)if the application is for a trading licence, be accompanied by the annual fee payable for the first year of the licence applied for; and

 

(2)After regulation 157(1) insert:

 

(2A)An annual fee is not payable under subregulation (1)(da) if the licence would relate to a place and a fee would be payable under the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 regulation 34 in respect of the place if the licence were issued.

 

6.Regulation 163 amended

(1)In regulation 163(2)(a) delete “licence” and insert:

 

licence, or an explosives storage licence,

 

(2)In regulation 163(3)(a) delete “licence” and insert:

 

licence, or an explosives storage licence,

 

7.Regulation 167 amended

Delete regulation 167(1) and insert:

 

(1A)In this regulation —

existing trading licence means a trading licence that, immediately before 1 April 2012, is in effect.

(1B)This regulation is subject to the Dangerous Goods Safety (General) Regulations 2007 regulation 15.

(1C)Each existing trading licence has effect for 5 years commencing on —

(a)if it has never been renewed, the date on which it was issued; or

(b)if it has been renewed, the date on which the last renewal took effect,

unless it is cancelled in that period.

(1D)A trading licence issued on or after 1 April 2012 has effect for 5 years unless it is cancelled in that period.

(1)A licence other than a trading licence has effect on and from the date it is issued —

(a)for the period specified in it, being 3 years or less; or

(b)until it is cancelled in that period.

 

8.Regulation 172 amended

(1)Delete regulation 172(3)(c) and insert:

 

(c)if the proposed amendment relates to an explosives storage licence and would increase the maximum quantity of explosives specified in it to a quantity that would mean a greater annual fee is payable for the licence than has already been paid — a fee equal to the difference between —

(i)the greater annual fee; and

(ii)the fee already paid,

adjusted proportionally for the remaining part of the year to which the annual fee relates; and

 

(2)After regulation 172(3) insert:

 

(4A)A fee is not payable under subregulation (3)(c) if a fee is payable under the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 regulation 34 in respect of the site to which the licence relates.

 

(3)After regulation 172(9) insert:

 

(9)If an explosives storage licence is amended to reduce the maximum quantity of explosives specified in it to a quantity that would mean a lower annual fee is payable for the licence, the licence holder is entitled to a refund of the difference between —

(a)the annual fee already paid; and

(b)the lower annual fee,

adjusted proportionally for the remaining part of the year for which the annual fee was paid.

 

9.Regulation 173 amended

(1)Before regulation 173(1) insert:

 

(1A)This regulation does not apply to a trading licence.

 

(2)Delete regulation 173(3)(i) and insert:

 

(i)be accompanied by the fee; and

 

(3)In regulation 173(4) delete “licence referred to in regulation 157(7),” and insert:

 

fireworks contractor licence,

 

10.Regulation 174A inserted

After regulation 173 insert:

 

174A.Trading licences, renewal of

(1)The Chief Officer must renew a trading licence that is about to expire due to the passage of time (the existing trading licence) unless —

(a)the holder of the existing trading licence is dead or, being a body corporate or partnership, is dissolved; or

(b)the holder of the existing trading licence does not want it renewed; or

(c)if the existing trading licence relates to a place specified in it, a trading licence is not needed for the place; or

(d)the annual fee payable for the first year of the new trading licence has not been paid.

(2)To renew an existing trading licence the Chief Officer must grant a new trading licence that has effect immediately after the existing trading licence expires and the terms of which are the same as those of the existing trading licence.

 

11.Regulation 174 amended

In regulation 174(2):

(a)in paragraph (b) delete “regulations.” and insert:

 

regulations; or

 

(b)after paragraph (b) insert:

 

(c)the holder has not paid a fee in relation to the licence in accordance with the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 regulation 34.

 

12.Regulation 179A inserted

Before regulation 179 insert:

 

179A.Annual fees for trading licences

(1)In this regulation —

grace period means the 3 month period referred to in subregulation (3).

(2)An annual fee is not payable under this regulation in respect of a trading licence if the licence relates to a place specified in it and a fee is payable under the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 regulation 34 in respect of the place.

(3)The holder of a trading licence must pay the annual fee for the licence before, on or within 3 months after —

(a)if under the Dangerous Goods Safety (General) Regulations 2007 regulation 15 the Chief Officer has set a due date for the licence — the due date in each year;

(b)in any other case, each anniversary of —

(i)if the licence has never been renewed, the date on which it was granted; or

(ii)if the licence has been renewed, the date on which the last renewal took effect.

(4)If an annual fee is paid in the grace period, the holder must pay, with the annual fee, a late payment fee equal to 10% of the fee.

 

13.Regulation 184 deleted

Delete regulation 184.

14.Regulation 187 replaced

Delete regulation 187 and insert:

 

187.Fees to be paid annually

The fees payable under this Part by the holder of a licence referred to in this Part for use of an SEF must be paid in advance —

(a)if the holder was lawfully using the SEF immediately before 1 May 2012, before 1 May in each year;

(b)in any other case, before —

(i)the first day on which the holder is authorised to use the SEF; and

(ii)subsequently, before 1 May in each year.

 

15.Regulation 188 amended

In regulation 188:

(a)delete “or part of a year”;

(b)delete paragraph (a) and insert:

 

(a)if the SEF is a type A facility — the greater of —

(i)$3 187; or

(ii)$8.45 per m2 or part thereof of the area of land occupied by the holder at the SEF other than for storing explosives;

 

16.Regulation 189 amended

In regulation 189:

(a)delete “or part thereof”;

(b)delete paragraph (a)(i) and (ii) and insert:

 

(i)if the licence authorises the storage of less than 100 kg of explosive — $200;

(ii)if the licence authorises the storage of 100 kg or more but not more than 1 000 kg of explosive — $200 plus $1.70 for each 10 kg or part thereof over 100 kg authorised by the licence;

 

(c)delete paragraph (b) and insert:

 

(b)if the explosive is stored in a magazine provided by the holder at a type A facility — $305 for each 1 000 kg or part thereof of the official capacity of the magazine;

 

17.Regulation 190 amended

In regulation 190(2):

(a)delete “or part thereof”;

(b)delete paragraph (a) and insert:

 

(a)if the SEF is a type A facility — the greater of —

(i)$3 187; or

(ii)$8.45 per m2 or part thereof of the area of land occupied by the holder at the SEF other than for storing explosives;

 

18.Schedule 1 amended

(1)Delete Schedule 1 item 5(a), (b), (c), (d), (e) and (g).

(2)After Schedule 1 item 5 insert:

 

6A.

Annual fee for a trading licence (r. 157(1)(da) and 174A) —

 

 

(a)explosives import/export licence

163

 

(b)explosives manufacture licence

347

 

(c)explosives manufacture (MPU) licence

800

 

(d)explosives storage licence —

 

 

(i)for less than 1 t of explosives

(ii)for 1 t or more but less than 5 t of explosives

(iii)for more than 5 t of explosives

102

 

123

327

 

(e)explosives transport licence

817

 

(f)explosives supply licence

56