Dangerous Goods (Explosives) Interim Regulations 2021 (Vic)
Version No. 001
Dangerous Goods (Explosives) Interim Regulations 2021
S.R. No. 56/2021
Version as at
20 June 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
Division 1—General
1Objectives
2Authorising provisions
3Commencement
4Revocations
5Definitions
Division 2—Application
6General exemptions
7Detonators of Hazard Division 1.4
8Storage or transport of explosives of more than one Hazard Division together
Division 3—Incorporation of external instruments
9Publication date of amendments to AEC
10Date of effect of amendment to incorporated documents
11Effect of incorporation of AEC or Australian Standards
12Inconsistencies between provisions
Division 4—Exemptions
13Quarterly returns of stock-lists not required
14Exemption from provisions of these Regulations
15Authority may grant class exemptions on its own initiative
16Power of Authority to amend, suspend or revoke exemptions
17Refusal of application or request
18Partial grant of application or request for exemption
Part 2—Duties applicable to all persons
19Security of explosives
20Unlawful possession of explosives
21Misuse of explosives prohibited
22General fire precautions—ignition sources
23Further fire precautions
24Adequate lighting required
25Reporting of injury, property damage and dangerous incidents
26Reporting of theft, loss or attempted theft
27Restrictions on people under 18 years of age
28People under the influence of alcohol or drugs
29Placement, visibility and maintenance of signs
30Removal of signs
Part 3—Packaging and marking
31Explosives to be packaged and marked in accordance with the AEC
32Duties in relation to the AEC
33Duties of persons who pack explosives
Part 4—Manufacture
Division 1—Preliminary
34Application
35Definition
Division 2—Licensing and safety management
36Requirement to be licensed
37Safety management system
38Safety management system consultation
39Records of modifications to be kept
40Authority may require changes to safety management system
41Licensee to inform relevant fire authority of licences
42Separation distances to be maintained
Division 3—Manufacturing explosive mixtures
43Authorised person
44Explosive mixtures
45Buildings, structures, appliances and associated equipment for mixing an explosive mixture
46Manufacture of explosive mixtures
47Components or ingredients to be kept in marked containers
48Notice to be displayed
49Other persons to be kept clear
50Other explosives to be kept away
51Fire precautions to be observed
52Disposal of spills and packaging
53Equipment to be cleaned after use
54Precautions to be taken before undertaking repairs or alterations
55Storage of unused explosive mixtures
56Location of place of manufacture of an explosive mixture
57Authorised person not to leave the manufacture unattended
Division 4—Manufacture of safety cartridges
58Requirements for the manufacture of safety cartridges
Part 5—Storage
Division 1—General provisions
59Application
60Persons storing explosives to comply with requirements
61Licence required to store explosives
Division 2—Provisions applying to all storage
62Explosives to be in compliant packaging
63Explosives to be kept secure
64Persons to keep storages and receptacles clean
Division 3—Duties on all licensees
65Damaged or deteriorated explosives or packages—general
66Damaged or deteriorated explosives or packages—licence to store
67Licensee to keep means of access clear
68Licensee to keep persons at storage to a minimum
69Explosives not to be stored in safes or refrigerators
70Storage of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives
71No storage of detonators with other explosives
72Storage of safety fuse
73Requirements for construction and maintenance of receptacles
74Markings on buildings, rooms and receptacles
75Markings inside receptacles
76Separation of explosives of different Compatibility Groups
77Explosives of different Hazard Divisions
Division 4—Emergency response
78Licence holders must have an emergency management plan
79Firefighting equipment
Division 5—Medium scale storage
80Application
81Licensee must comply with Divisions 1 to 5 of this Part
82Meaning of medium scale storage
83General requirements for medium scale storage
84Signs for premises
85Requirements for construction and maintenance of buildings and rooms
86General fire precautions
87Requirements for construction and maintenance of receptacles
Division 6—Storage above prescribed quantities
88Application
89Storage to be in accordance with AS 2187.1
90Records to be kept
91Observation of duties in accordance with AS 2187.1
92Lightning protection
93Security fencing for premises used for storage above prescribed quantities
94When separation distances apply
95Notices to be posted at premises used for storage above prescribed quantities
96Certain licence holders to inform relevant fire authority of licences
97Portable lighting in a storage must not pose threat of ignition
Part 6—Sale
Division 1—General provisions
98Requirement to be licensed
99Packaging of explosives when sold
100Place of selling
101No display of explosives for sale
102Damaged or defective explosives not to be sold
Division 2—Sale of explosives
103Explosives to be sold to authorised persons only
104Records of purchase or sale of explosives
105Duties when purchasing explosives
106Purchase under authority issued by the Authority
Part 7—Transport
Division 1—General
107Application
108Vehicles transporting explosives to be licensed
109Vehicle drivers to be licensed
110Transport of explosives of Hazard Division 1.1A
111Transport of explosives by boat
Division 2—Australian Explosives Code
112Explosives to be transported in accordance with AEC
113Who must comply with the AEC?
114AEC training
115Stationary vehicles taken to be transporting explosives
Division 3—Determinations by the Authority and restrictions on road transport routes
116Register of determinations
117Records of determinations
118Explosives not to be transported in or through Central Business District
119Restrictions on the transport of certain explosives through designated tunnels and approach roads
120Transport of explosives in or through Melbourne metropolitan area
121Transport of explosives in or through non‑metropolitan areas
122Maximum vehicle load
Division 4—Additional requirements at rail yards
123Requirements for explosives in rail yards or sidings
Part 8—Use of blasting explosives
Division 1—Preliminary
124Explosives means blasting explosives
125Licence required for use of blasting explosives
Division 2—General
126Method of keeping explosives at a blasting site
127Damaged or defective explosives
Division 3—Equipment for blasting operations
128Use of equipment to initiate explosives
Division 4—Blasting operations
129Use of blasting explosives
130Requirement to have blast management plan
131Total fire ban days
132Preparation of detonators for firing
133Vibration and noise levels
134Conduct of persons at site of blasting operations
135Precautions during charging of blast holes using pumpable or free flowing explosives
136Precautions after blast
137Shotfirer to ensure no means of self-detonation
138Charging and firing charges
Division 5—Special blasting operations
139Demolition of buildings and other structures
Part 9—Fireworks—Possession and use
Division 1—General provisions
140Definitions
141Seizure of fireworks that are unauthorised explosives
142Consumer fireworks
143Licence to be produced
Division 2—Display fireworks, Chinese firecrackers and theatrical fireworks
144Who may use display fireworks etc.
145Criteria for use of Chinese firecrackers
146Pyrotechnicians to notify authorities of intended fireworks
147Chinese firecrackers not to be discharged indoors
148Use of long string Chinese firecrackers
149Use of theatrical fireworks
150Conduct after discharge of fireworks
151Malfunctions
152Use of flash powder
Division 3—Management of firework displays
153Application
154Fire protection
155Separation distances
156Security of display site
157Keeping fireworks at display site
158Firing of display fireworks
159Misfired fireworks
Part 10—Distress signals
160Possession and use of distress signals
Part 11—Disposal, destruction and rendering harmless
161Explosives must be disposed of etc. safely
162Only licensed persons may dispose of certain explosives
163Distress signals to be disposed of safely
164Arranged disposal permitted
165Disposal to approved destruction facility permitted
Part 12—Import
166Requirement to be licensed
Part 13—Ports
Division 1—Preliminary
167Application
168Notification of explosives on board
169Restriction on entry into ports
Division 2—Berths
170Berths for vessels
Division 3—Handling and transport of explosives in port areas
171Emergency procedures
172Vessel operations and handling and transport of explosives to proceed with due care
173Compatibility and mixed stowage
Part 14—Licences
Division 1—Applications for licences
Subdivision 1—General provisions
174Applying for a licence
175Procedure if Authority proposes to refuse licence to an unsuitable applicant
176Competency standards etc.
Subdivision 2—Additional provisions in relation to licences to manufacture explosives
177Additional information to be supplied
Subdivision 3—Additional provisions in relation to licences to drive a vehicle transporting explosives
178Additional information to be included in an application for a licence to drive a vehicle transporting explosives
179Driver licence evidence
180Required competency evidence
181Medical fitness evidence
182Refusal of licence to drive a vehicle transporting explosives—unsuitable applicant
Subdivision 4—Additional provisions in relation to explosives vehicle licences
183Meaning of vehicle
184Application for licence
185Inspections
186Refusal of explosives vehicle licence—risk too great
Subdivision 5—Additional provisions in relation to licences for pyrotechnicians
187Refusal of licence for pyrotechnician—unsuitable applicant
Subdivision 6—Additional provisions in relation to licences to use blasting explosives
188Refusal of licence to use blasting explosives—unsuitable applicant
Division 2—Other provisions about licences
Subdivision 1—General provisions
189When licences start and end
190Licence conditions, limitations and restrictions
191Licence documents
192Duty to ensure persons observe licence conditions etc.
193Change of circumstances
Subdivision 2—Additional provisions in relation to licences to manufacture explosives
194Requirements before modifications to licensed premises permitted
Subdivision 3—Additional provisions in relation to licences to drive a vehicle transporting explosives
195Licence conditions etc.
196Additional conditions
Subdivision 4—Additional provisions in relation to explosives vehicle licences
197Licence conditions etc.
198Disposal and transfer of licensed vehicles
Subdivision 5—Additional provisions in relation to licences to use blasting explosives
199Endorsing licence to allow manufacture of ANFO
Division 3—Security requirements
200Proof of identity and consent required
201Security requirements to be satisfied before person can hold a licence
202Prescribed particulars for security plans
203Duty to review and revise security plan
204Security assessments
205Security requirements to be satisfied before persons allowed unsupervised access to explosives
206Transporting small quantities of explosives on behalf of licensees
Division 4—Renewal of licence
207General requirements
208Renewal of licences to drive a vehicle transporting explosives
Division 5—Amendment, suspension or revocation of licences
209Grounds for amending, suspending or revoking licence
210Matters that may be taken into account
211Grounds for amending, suspending or revoking a licence to drive a vehicle transporting explosives
212Grounds for amending, suspending or revoking a licence for road vehicles
Part 15—Review of decisions
213What is a reviewable decision?
214Who is an eligible person?
215Application for internal review
216Process for new decisions to be started within 7 days
217Notices of decisions must contain a copy of review rights
Part 16—Fees
Division 1—Preliminary
218Issue of a duplicate licence
219Issue of a transfer of a licence
220Renewal of licences
221Amendment of a licence
222Fees non-refundable
223Fees for multiple authorisations on a single licence
Division 2—Fees for licences
224Manufacture of explosives
225Storage of explosives
226Sale and import of explosives
227Transport of explosives
228Licence to use blasting explosives
229Licence for pyrotechnician
230Additional fee for security assessments and searches
Division 3—Other fees
231Authorisation and classification of explosives
232Determination of applications for exemptions
Part 17—Expiry
233Expiry
Schedules
Schedule 1—Revoked regulations
Schedule 2—Matters to be included in safety management system
Schedule 3—Particulars for security plans required by the Authority
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Dangerous Goods (Explosives) Interim Regulations 2021
S.R. No. 56/2021
Version as at
20 June 2021
Part 1—Preliminary
Division 1—General
1Objectives
The objectives of these Regulations are—
(a)to provide for the safety of persons and property in relation to the manufacture, storage, sale, transport, use, disposal and import of explosives; and
(b)to provide for the management of risks arising out of security concerns associated with explosives; and
(c)to provide for the safe location of vessels containing explosives while in port; and
(d)to prohibit the misuse of explosives; and
(e)to prescribe matters for the purposes of the Act.
2Authorising provisions
These Regulations are made under section 52 of, and Schedule 2 to, the Dangerous Goods Act1985.
3Commencement
These Regulations come into operation on 20 June 2021.
4Revocations
The Regulations set out in Schedule 1 are revoked.
5Definitions
(1)In these Regulations—
ammonium nitrate explosive mixture means a mixture (which may include a compatible dye or sensitising agent) of an oxidising agent (being ammonium nitrate or an ammonium nitrate-based gel, emulsion or suspension) and a fuel component (being a combustible granular solid or a clean oil which has a closed-cup flash point of 60oC or higher);
ANFO means an explosive mixture consisting of ammonium nitrate and fuel oil that has a flash point of 60oC or higher with or without a compatible dye;
approved means approved by the Authority, unless otherwise stated;
AS 2187 means AS 2187 Explosives—Storage, transport and use and, for the purposes of these Regulations, comprising of—
(a)AS 2187.0—Part 0 Terminology;
(b)AS 2187.1—Part 1 Storage;
(c)AS 2187.2—Part 2 Use of explosives;
(d)AS 2187.4—Part 4 Pyrotechnics—Outdoor displays—
as amended from time to time;
AS 3846 means AS 3846 The handling and transport of dangerous cargoes in port areas, as amended from time to time;
Australian Explosives Code or AEC means the document known as the Australian Code for the Transport of Explosives by Road and Rail, prepared by the Australian Forum of Explosives Regulators and endorsed by the Workplace Relations Ministers' Council, as amended from time to time;
authorised explosive has the same meaning as in section 54(4) of the Act;
berth means any dock, pier, jetty, quay, wharf, marine terminal or similar structure (whether floating or not) at which a vessel may tie up;
blast holemeans a hole made for the purpose of placing in position explosives which are to be fired;
blasting explosive means an explosive which—
(a)contributes the majority of the work in an explosion; and
(b)is intended primarily for use in blasting in mining, quarrying, construction, demolition and excavations generally;
Examples
A detonator, gunpowder for blasting and any blasting compound.
cartridge ammunition has the same meaning as in the Firearms Act 1996;
charge, as the context requires, means—
(a)an explosive that is placed in a blast hole or other place of use; or
(b)the act of placing explosives in a blast hole or other place of use;
Chinese firecrackers means a string of individual crackers (each cracker consisting of a single tube of rolled paper fitted with a wick and filled with an explosive) that is designed to explode with a series of sharp reports;
Class, in relation to dangerous goods, has the same meaning as in the AEC;
Class A protected work has the meaning given by AS 2187.0;
Class B protected work has the meaning given by AS 2187.0;
Class Label, in relation to a package, container or load that contains dangerous goods to which it is attached, means a label within the meaning of the ADG Code which purports to identify the Class of dangerous goods in the package, container or load;
Classification Code means the code assigned to an explosive, comprising a combination of the number of the Hazard Division to which the explosive belongs followed by the letter of the Compatibility Group to which the explosive belongs, as determined in accordance with the AEC;
Compatibility Group means the letter which follows the Hazard Division number in the Classification Code of an explosive and which is used to identify the kinds of explosive substances and articles that are taken, as a result of testing, to be compatible for transport or storage purposes;
consumer firework means—
(a)a firework which contains minute quantities of pyrotechnic substance; or
Examples
A toy pistol cap, party popper, snap for a bon‑bon cracker.
(b)a sparkler; or
(c)a model rocket motor (containing no more than 62×5 grams of propellant); or
(d)any other firework authorised as a consumer firework under section 54 of the Act;
consumer package means a package that is intended for retail display and sale;
detonatormeans a capsule or case which contains an explosive of high sensitivity used for initiating other explosives;
display firework means any firework except—
(a)a sky rocket; or
(b)a Chinese firecracker; or
(c)a theatrical firework; or
(d)a consumer firework; or
(e)a firework that is not an authorised explosive;
distress signal means a pyrotechnic device designed for signalling, warning, rescue or similar purposes;
Examples
A marine flare and signal, landing flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud rocket, avalanche rocket and a smoke generator.
equivalent legislation means legislation in another Australian jurisdiction relating to the manufacture, import, storage, sale, transport or use of explosives;
exploder means a self-contained portable item of equipment designed to produce electric current for firing charges;
explosive mixture means an authorised explosive that is a mixture of an oxidising agent and a fuel component (being a combustible solid or a clean oil which has a closed-cup flash point of 60oC or higher), that mixture possibly containing a compatible dye or other additive or sensitising agent, and includes—
(a)ANFO; and
(b)ammonium nitrate explosive mixture;
explosives vehicle licence means a licence for a road vehicle to transport explosives;
factory means any building, or any part of a building, used or intended to be used for the manufacture of any explosive, or any purpose incidental to or associated with that manufacture, and includes any land occupied for or in connection with that manufacture;
firearms licence means a licence under the Firearms Act 1996 which allows a person to possess, carry or use a firearm other than a licence for a licensed firearms dealer;
firework means a pyrotechnic device containing an explosive composition which upon functioning will burn or explode, to produce a visual effect or sound effect, but does not include a distress signal;
firing, in relation to explosives, includes the act of initiation, or attempted initiation, of the explosives;
firing point, in relation to fireworks, means the point of launch of the fireworks;
flash powder means a pyrotechnic substance which is intended to produce a flash of light with or without an audible report, smoke or sparks;
freight container has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018[1];
Hazard Division means, when followed by numerals, a "hazard division" determined in accordance with Addendum 1 to Appendix 2 of the AEC;
ignition source means a source of energy sufficient to initiate an explosive;
Examples
A naked flame, lit smoking material (such as a cigarette), exposed incandescent material, an operating electrical welding arc, a mechanical or static spark and any operating electrical or mechanical equipment.
industrial safety cartridge means a cartridge of Classification Code 1.4S which provides the power to an implement used to drive a stud, pin, dowel, screw, rivet, spike, nail or similar object against, into or through a thing or substance by means of an explosive;
licensed firearms dealer has the same meaning as in the Firearms Act 1996;
magazine does not include a receptacle;
mark includes a label;
misfire means a charge or part of a charge which upon firing has failed to function as intended;
mobile manufacturing unit or MMU means a vehicle or mobile unit used for the manufacture of explosives;
modification means a change that has the effect of creating a new hazard or increasing the risk associated with an existing hazard and includes—
(a)a change to any plant, building, storage facility or process, including the introduction of a new process; and
(b)a change to the quantity of explosives present or likely to be present, including the introduction of any new explosive; and
(c)a change to the quantity of any other dangerous goods present or likely to be present, including the introduction of any new dangerous goods; and
(d)a change to a relevant safety management system;
net explosive quantity or NEQ means the mass of explosives contained in an explosive;
package, in relation to goods to be transported, means the goods and their packaging;
packaging means one or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions;
plant has the same meaning as in the Occupational Health and Safety Act 2004;
port has the same meaning as in the Port Management Act 1995;
port manager has the same meaning as in the Port Management Act 1995;
primer means a cap type primer consisting of metal or plastic cap containing a small amount of primary explosive mixture that is readily initiated by impact;
Examples
Percussion caps, centrefire primers, shotshell primers.
propellant
means an explosive adapted and intended for use as a propelling charge in weapons, and includes such explosives belonging to Classification Codes 1.1C,
1.1D and 1.3C;
Example
Gunpowder when in finely granulated form.
protected work means Class A protected work or Class B protected work;
public holiday means a day appointed as a public holiday under the Public Holidays Act 1993;
pyrotechnic substance means a substance or a mixture of substances designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as a result of an exothermic chemical reaction which does not rely on oxygen from external sources to sustain the reaction;
pyrotechnician means a person who holds a licence to use fireworks;
reasonably practicable means reasonably practicable having regard to—
(a)the likelihood of the hazard or risk concerned eventuating; and
(b)the degree of harm to persons or property that would result if the hazard or risk concerned eventuated; and
(c)what the person concerned knows, or ought to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk; and
(d)the availability and suitability of ways to eliminate or reduce the hazard or risk; and
(e)the cost of eliminating or reducing the hazard or risk;
receptacle means a container, including a carry box, used to store or carry explosives, but does not include a facility for the storage of explosives exceeding the prescribed quantities as set out in Column 3 of Table 82;
road has the same meaning as in the Road Safety Act 1986;
road related area has the same meaning as in the Road Safety Act 1986;
safety cartridge means a cartridge, of Classification Code 1.4S, for a weapon including cartridge ammunition;
safety management system means a safety management system established and implemented under regulation 37;
security assessment means a security assessment furnished by the Australian Security Intelligence Organisation under Part IV of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;
shotfirer means a person who holds a licence to use blasting explosives;
sky rocket means a firework within a casing (with an attachment to stabilise flight) that contains a pyrotechnic substance which upon initiation produces a jet of flame to propel the rocket into the air;
supervision in relation to the manufacture, transport, storage, handling or use of explosives, means the supervision by the licensee of a person who is working in the same premises, or is present in an area which is under the control of the licensee;
the Act means the Dangerous Goods Act 1985;
theatrical firework means—
(a)loose poured flash powder; or
(b)a firework that is—
(i)designed to be safe for indoor use for theatrical purposes; and
(ii)fitted with, or adapted to, the use of an electrical ignition device;
UN number
has the same meaning as in the
ADG Code;
use, in relation to explosives, includes—
(a)the preparation, charging, discharging or firing of explosives; and
(b)the handling of explosives;
vessel means a ship or a boat;
vulnerable facility includes—
(a)a multi-storey building; and
(b)a large glass fronted building; and
(c)a health care or childcare facility or school; and
(d)a public building; and
(e)a structure of major historical significance; and
(f)a facility associated with a major utility, including water, gas and electricity.
(2)In these Regulations, any reference to a quantity of explosives is a reference to net explosive quantity (NEQ) unless otherwise stated.
Division 2—Application
6General exemptions
(1)Nothing in these Regulations is intended to apply to safety and emergency systems, equipment and devices (other than distress signals) that are activated by explosives.
Examples
Explosives-activated air bag inflators, air bag modules, seat belt pretensioners, fire sprinkler systems and other fire suppression systems, fire extinguishers, life rafts, parachutes for aircraft or vehicles and passenger evacuation slides for vessels or aircraft.
(2)A provision in these Regulations requiring a person to hold a licence does not apply to the Authority, or an employee of the Authority acting in the course of their duties.
7Detonators of Hazard Division 1.4
All detonators of Classification Code 1.4B or 1.4S are of Classification Code 1.1B if they are not in their original unopened packaging.
Note
Classification Codes are determined by tests conducted when explosives are in packages—the removal of explosives from their packaging may alter their Classification Code.
8Storage or transport of explosives of more than one Hazard Division together
If—
(a)a person stores or transports together explosives of more than one Hazard Division; and
(b)a provision of these Regulations requires that a collective Hazard Division be determined for those explosives—
the person must determine the collective Hazard Division in accordance with Table 7.1 of the AEC.
Division 3—Incorporation of external instruments
9Publication date of amendments to AEC
For the purposes of regulation 10, an amendment to the AEC is published either—
(a)on the date it, or a notice of its making, is published in the Government Gazette of the Commonwealth; or
(b)on a later date determined by the Authority and specified in a notice published in the Government Gazette by the Authority.
10Date of effect of amendment to incorporated documents
If the effect of an amendment to any document applied, adopted or incorporated by these Regulations is—
(a)to prohibit an activity, process or thing, the amendment takes effect on the day after it is published, or on any later date specified in the document by which the amendment was made; and
(b)to impose a new obligation or alter an existing obligation under these Regulations, a person may choose to comply with these Regulations as if the amendment had not been made until the expiry of 6 months after the date the amendment takes effect.
11Effect of incorporation of AEC or Australian Standards
If any provision of these Regulations incorporates or adopts by reference the AEC or any Australian Standard, or requires compliance with the requirements of the AEC or any Australian Standard, the incorporation, adoption or required compliance does not include any requirement to obtain any person's approval or to notify any person of an occurrence unless that is expressly provided for by these Regulations.
12Inconsistencies between provisions
If a provision of any document incorporated or adopted by reference by these Regulations is inconsistent with any provision of these Regulations, the provision of these Regulations prevails.
Division 4—Exemptions
13Quarterly returns of stock-lists not required
All explosives are exempt for the purposes of section 27(1) of the Act.
14Exemption from provisions of these Regulations
(1)A person may apply to the Authority for an exemption from compliance with any requirement in these Regulations, except a requirement that a person hold a licence.
(2)An application for an exemption must—
(a)state the provision from which exemption is sought; and
(b)explain the method by which the applicant intends to ensure that there is a level of health and safety of persons, and a level of safety of property, that is at least equivalent to that which would be achieved by compliance with the provision.
(3)The information provided under subregulation (2)(b) must include information relating to any risk associated with noise.
(4)The Authority may—
(a)grant an exemption in whole or in part; or
(b)refuse an exemption.
(5)The Authority must not grant an exemption unless it is satisfied—
(a)that the method proposed in subregulation (2)(b) is capable in itself, or as supported by conditions imposed under subregulation (7), of achieving a level of health and safety of persons, and a level of safety of property, that is at least equivalent to the level that would be achieved if the relevant provision is complied with; or
(b)that the provision that is to be the subject of the exemption is a requirement under these Regulations that is¾
(i)not directly associated with a measure to eliminate or reduce any risk; and
(ii)inappropriate or unnecessary in the circumstances.
(6)An exemption under this regulation must be in writing.
(7)The Authority may impose conditions on an exemption in relation to any of the following—
(a)the commencement and duration of the exemption;
(b)the things and activities for which the exemption has been granted;
(c)the person or class of persons to whom the exemption has been granted;
(d)the premises or class of premises for which the exemption has been granted;
(e)the provisions of these Regulations for which the exemption has been granted;
(f)requirements for the provision of information relevant to the exemption to the Authority, if reasonably requested by the Authority;
(g)the monitoring or recording of systems of work or processes used at the premises exempted or by the person exempted;
(h)a requirement that the person exempted give notice of the exemption and of the conditions of the exemption to any specified person or body who may be affected;
(i)any other matters that the Authority considers to be appropriate in the circumstances.
(8)A person to whom an exemption has been granted must comply with each condition imposed on the exemption.
15Authority may grant class exemptions on its own initiative
(1)The Authority may on its own initiative grant an exemption from a provision of these Regulations in respect of a class of activities, premises, licensees or other persons.
(2)The Authority must not grant an exemption under subregulation (1) unless it is satisfied that—
(a)a level of health and safety of persons, and a level of safety of property, will be achieved that is at least equivalent to that which would be achieved by compliance with the provision; or
(b)the provision that is to be the subject of the exemption is a requirement under these Regulations that is¾
(i)not directly associated with a measure to eliminate or reduce any risk; and
(ii)inappropriate or unnecessary in the circumstances.
(3)An exemption under this regulation must be in writing.
(4)The Authority may impose any of the conditions specified in regulation 14(7) on an exemption granted under this regulation.
(5)A person to whom an exemption has been granted must comply with each condition imposed on the exemption.
(6)If the Authority grants an exemption under this regulation, it must publish a notice in the Government Gazette that—
(a)states that the exemption has been granted; and
(b)identifies to whom and to what the exemption applies; and
(c)identifies the provision or provisions of these Regulations to which the exemption relates; and
(d)states when the exemption is to start; and
(e)includes any other details that the Authority considers to be appropriate.
16Power of Authority to amend, suspend or revoke exemptions
(1)The Authority may, at any time, amend, suspend or revoke an exemption granted under regulation 14 or 15, either on the request of the holder of the exemption or on its own initiative.
(2)The Authority must not amend, suspend or revoke an exemption on its own initiative unless it has—
(a)given written notice to the holder of the exemption—
(i)advising that the Authority proposes to amend, suspend or revoke the exemption; and
(ii)providing written reasons for that proposed course of action; and
(iii)inviting the holder of the exemption to make a submission on the proposed course of action, including a submission on the terms of the amendment (if any) to be made; and
(b)considered any submission that is made in response to the notice.
(3)If the Authority decides to suspend an exemption, it must give the holder of the exemption written notice that sets out—
(a)the date and time from which the suspension takes effect; and
(b)the date and time at which the suspension ceases to operate.
(4)If the Authority decides to revoke an exemption, it must give the holder of the exemption written notice that sets out the date and time from which the revocation takes effect.
(5)If the Authority amends, suspends or revokes an exemption granted under regulation 15, it must publish a notice to this effect in the Government Gazette.
17Refusal of application or request
The Authority must not refuse to grant an application for an exemption, or a request for an amendment to an exemption, unless it has—
(a)given written notice to the person making the application or request—
(i)stating that, on the basis of the information it has available, it proposes to refuse to grant, or amend, the exemption; and
(ii)providing written reasons for the proposed refusal; and
(iii)inviting the person making the application or request to provide a written submission to the Authority on the proposed refusal; and
(b)considered any submission that is made in response to the notice.
18Partial grant of application or request for exemption
If a person applies for an exemption or requests an amendment to an exemption, the Authority must not grant only part of the exemption or amendment unless it has—
(a)given written notice to the person making the application or request—
(i)stating that the Authority proposes to grant or amend the exemption in part on the basis of the information it has available; and
(ii)providing written reasons for the proposed decision; and
(iii)inviting the person making the application or request to provide a written submission to the Authority on the proposed decision; and
(b)considered any submission that is made in response to the notice.
Part 2—Duties applicable to all persons
Notes
1Contravention of a regulation under this Part may constitute an offence under section 45 of the Act.
2Section 31 of the Act sets out further duties in relation to explosives.
19Security of explosives
(1)A person in possession of explosives must, so far as is reasonably practicable, prevent access to the explosives by persons not authorised by that person to have access.
(2)Subregulation (1) does not apply to consumer fireworks.
20Unlawful possession of explosives
A person must not possess explosives unless—
(a)in the case of any explosive, the person—
(i)is authorised to do so under a licence granted under these Regulations; or
(ii)has been excluded under these Regulations from the requirement to hold a licence; or
(b)in the case of unauthorised explosives, the person has the Authority's approval under section 54(5) of the Act.
21Misuse of explosives prohibited
(1)A person must not use, modify or attempt to use or modify, or assist another person to use or modify, an explosive to produce an explosive effect other than that for which the particular explosive was designed.
(2)This regulation does not apply to a person who is qualified or experienced in the use of the explosive and conducting research at—
(a)an approved industrial laboratory; or
(b)an approved research institution; or
(c)a place approved for the conduct of such activities.
22General fire precautions—ignition sources
(1)A person must keep all ignition sources at a distance from explosives (except properly packaged safety cartridges) that is sufficient to avoid a fire, explosion or other dangerous situation.
(2)A person must not introduce any ignition source—
(a)within 10 metres of any point or building where explosives are being handled; or
(b)onto a vehicle containing explosives.
(3)A licensee must not allow a person to introduce any ignition source—
(a)within 10 metres of any point or building where explosives are being handled; or
(b)onto a vehicle containing explosives.
(4)Subregulations (2)(a) and (3)(a) do not apply to an ignition source needed to fire an explosive charge.
(5)Subregulations (2)(b) and (3)(b) do not apply in respect of fuel in the fuel tank of any vehicle that conforms to the applicable provisions of the AEC.
23Further fire precautions
(1)A person must keep flammable liquids and gases, combustible liquids and other materials that are capable of being ignited easily and of burning strongly at least 3 metres away from explosives, whether the explosives are exposed or stored.
(2)Subregulation (1) does not apply to liquids, gases and other materials used in the manufacture of explosives.
Note
Part 4 sets out safety requirements for the manufacture of explosives and explosive mixtures.
24Adequate lighting required
A person who uses explosives must ensure that an adequate level of light is provided so that operations can be carried out safely.
25Reporting of injury, property damage and dangerous incidents
(1)This regulation applies in relation to explosives that are involved in an explosion, fire or other incident which directly or indirectly causes—
(a)injury to any person or immediate risk to a person's health or safety; or
(b)property damage.
(2)The person in control of explosives under subregulation (1) must notify the Authority of the incident immediately on becoming aware of it, unless the person—
(a)is required to notify the Authority of the incident under Part 5 of the Occupational Health and Safety Act 2004; and
(b)complies with that requirement.
(3)This regulation does not apply to an instance of injury or damage resulting from the use of ammunition in a weapon.
(4)In this regulation, person in control of explosives includes the licensee and the occupier of premises where an incident referred to in subregulation (1) occurs.
26Reporting of theft, loss or attempted theft
(1)A licensee, occupier or person in charge of any premises used to manufacture or store explosives, or a vehicle or vessel used to transport explosives, on becoming aware of any occurrence of theft or loss of explosives from, or a breaking into or attempt at breaking into, the premises, vehicle or vessel, must immediately notify the Authority and a police officer of the occurrence.
(2)Subregulation (1) does not apply in respect of—
(a)consumer fireworks; or
(b)cartridge ammunition (or primers for that ammunition) for a person's own lawful use.
27Restrictions on people under 18 years of age
(1)A person under 18 years of age must not purchase, store, sell or use any explosives except consumer fireworks.
(2)Subregulation (1) does not prevent a person under 18 years of age from purchasing or storing for the lawful use of that person, or lawfully using—
(a)distress signals; or
(b)industrial safety cartridges; or
(c)cartridge ammunition or primers for that ammunition.
(3)Subregulation (1) does not prevent a person under 18 years of age from purchasing, storing, selling or using in the course of their employment—
(a)distress signals; or
(b)industrial safety cartridges; or
(c)cartridge ammunition or primers for that ammunition.
28People under the influence of alcohol or drugs
(1)A person who is adversely affected by alcohol or drugs must not—
(a)be in any part of a licensed premises where explosives are manufactured or stored; or
(b)make an explosive mixture or handle or use explosives; or
(c)be in or on a vehicle while it has explosives aboard.
(2)If a licensee suspects that a person is adversely affected by alcohol or drugs, the licensee—
(a)must ensure that the affected person does not enter the licensed premises; and
(b)if the affected person is on the licensed premises, may order the affected person to leave the premises or to go to a safe area of the premises.
(3)A person must leave premises where there are explosives if ordered to do so by a licensee under subregulation (2).
(4)For the purposes of this regulation, a person is adversely affected by alcohol or drugs if the person's judgement or capacity is impaired to the extent that the person may expose the person's or another person's health or safety to a risk.
(5)In this regulation, a reference to a licensee includes any person authorised by a licensee to have immediate control of explosives.
29Placement, visibility and maintenance of signs
A person who is required under these Regulations to display a sign or notice must ensure that—
(a)the sign or notice is placed in a position so that it is clearly legible by persons approaching the sign or notice; and
(b)the sign or notice is kept clean and in good order; and
(c)no other sign, notice or writing which contradicts the sign or notice is placed nearby.
30Removal of signs
A person who is required under these Regulations to display a sign or notice must ensure that the sign or notice is not displayed when the explosives to which it applies are no longer present.
Part 3—Packaging and marking
Note
Contravention of a regulation under this Part may constitute an offence under section 45 of the Act.
31Explosives to be packaged and marked in accordance with the AEC
(1)A person who manufactures explosives must ensure that, on completion of manufacture, the explosives are packaged and marked in accordance with the requirements of Chapters 3, 5 and 8 of the AEC.
(2)A person must not import, store, sell or transport any explosive unless the explosive is packaged and marked in accordance with the requirements of Chapters 3, 5 and 8 of the AEC.
(3)The requirements in subregulation (2) concerning importing and transporting do not apply if the explosives are in a closed freight container that has been imported into Australia, provided that—
(a)no explosives have been removed from or added to the freight container since its arrival in Australia; and
(b)the freight container is placarded in accordance with the AEC.
(4)All markings referred to in subregulations (1) and (2) must be legible and in English and may be in appropriate languages in addition to English.
(5)Subregulations (1) and (2) do not apply if the explosives are—
(a)in the process of being manufactured or are semi-finished goods at the premises where they are being manufactured; or
(b)for use at, and are not transported beyond the boundaries of, the premises where they were manufactured, provided that the containers are clearly and conspicuously marked with the name of the contents; or
(c)cartridge ammunition, distress signals or consumer fireworks weighing no more than 5 kilograms in total being stored or transported by a person for that person's own lawful use; or
(d)blasting explosives at a place where they are about to be used and regulation 55 is complied with in relation to the containers to be used for the explosives; or
(e)blasting explosives which are manufactured at premises where they are about to be used; or
(f)blasting explosives being transported in receptacles by a person for that person's own lawful use and which are within the relevant quantity limits specified in Table 31.
Table 31—Blasting explosives for a person's lawful use
Type of explosives Quantity Hazard Division 1.1 (except detonators) 5 kg Detonators 125 in number Hazard Division 1.5 25 kg
32Duties in relation to the AEC
If the AEC imposes a requirement in respect of the packaging and marking of explosives but does not indicate clearly the person, or class of persons, on whom that requirement is imposed, the person undertaking the relevant activity must comply with the requirement.
33Duties of persons who pack explosives
A person who packs explosives into a package must ensure that—
(a)the packaging is clean and free from grit before the explosives are packed; and
(b)the contents of the package are accurately described by the label on the package.
Part 4—Manufacture
Division 1—Preliminary
Note
Contravention of a regulation under this Part may constitute an offence under section 45 of the Act.
34Application
(1)This Part, other than Division 4, does not apply to the manufacture of cartridge ammunition by a person who—
(a)manufactures cartridge ammunition for the person's own use; and
(b)holds a firearms licence.
(2)Division 2 does not apply to the holder of a licence to use blasting explosives if—
(a)the licence authorises the licensee to use ANFO; and
(b)the holder makes no more than 50 kilograms of ANFO at a time for the holder's own use.
(3)A person who operates a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2017[2] is not required to hold a licence to manufacture explosives, but is to be treated in all other respects as the holder of a licence required under this Part and, unless stated otherwise, is subject to all the duties, obligations and requirements placed on such a licensee by these Regulations.
35Definition
In this Part—
manufacture of safety cartridges includes the following activities—
(a)filling cartridge cases with powder or projectiles;
(b)fitting primers to cartridge cases.
Division 2—Licensing and safety management
36Requirement to be licensed
(1)A person who manufactures any explosive must hold a licence authorising the person to do so, or be otherwise authorised to do so under these Regulations.
(2)A licence authorising a person to manufacture explosives at a factory may also authorise the licensee—
(a)to store the explosives at the site where they are manufactured; and
(b)to sell explosives; and
(c)to import explosives.
(3)Subregulation (1) does not apply to a person—
(a)who is employed by a person who holds a licence required by that subregulation and is authorised by that licensee to undertake work in respect of which the licence was issued; or
(b)who holds a licence issued under equivalent legislation by a corresponding Authority authorising that person to make an explosive mixture using an MMU.
Note
Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.
(4)For the purpose of this regulation, a licensee may authorise a person to undertake work under the licence only if the licensee is satisfied that the person has the appropriate skills and training to undertake the work.
37Safety management system
(1)A person holding a licence authorising the person to manufacture explosives must establish and implement a safety management system to ensure that the manufacture of explosives is carried out as safely as is reasonably practicable.
(2)The licensee must ensure that the safety management system—
(a)is described in a document that is comprehensible to and readily accessible by persons who use it; and
(b)provides a comprehensive and integrated management system for all aspects of risk control measures required under this Part; and
(c)sets out—
(i)the safety objectives of the safety management system; and
(ii)the systems and procedures by which those objectives are to be achieved; and
(iii)the means by which the licensee will comply with the requirements of this Part; and
(d)addresses all the matters specified in Schedule 2 that are relevant to the manufacture of explosives and within the scope of the licence; and
(e)includes an emergency plan covering the matters specified in Schedule 2; and
(f)is communicated to all persons who are to participate in the implementation of the safety management system.
(3)The licensee must ensure that the safety management system—
(a)is established before commencing to manufacture any explosives; and
(b)is reviewed and, if necessary, revised—
(i)when a modification is made; and
(ii)whenever an incident occurs that must be reported under regulation 25 or 26, section 32(1) of the Act or Part 5 of the Occupational Health and Safety Act 2004; and
(iii)at least once every 5 years.
(4)Subregulation (1) does not apply to a person who operates a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2017 if the safety management system in place under those Regulations addresses the risks associated with the presence of explosives on the premises.
(5)Subregulation (1) does not apply in relation to a person who manufactures an explosive mixture at a site using an MMU if a safety management system in place under the Occupational Health and Safety Regulations 2017 addresses the risks associated with the presence of explosives at the site.
38Safety management system consultation
(1)If the premises at which explosives are to be manufactured are a permanent location, a safety management system must provide for consultation with employees within the premises and any contractors who enter the premises in relation to—
(a)implementing the safety management system, including the specific procedures that the employees or contractors are required to follow to assist the licensee to implement the safety management system; and
(b)the emergency plan required under regulation 37(2)(e).
(2)The emergency plan required under regulation 37(2)(e) must be developed in conjunction with the relevant firefighting authorities.
Note
A licensee who is an employer is also subject to consultation requirements under the Occupational Health and Safety Act 2004 in developing a safety management system.
39Records of modifications to be kept
A licensee must keep up-to-date records of all modifications affecting the operation of a safety management system.
40Authority may require changes to safety management system
(1)The Authority may, in writing, direct a licensee to rescind, remake or vary any part of a safety management system that it believes does not comply with this Part.
(2)A licensee must comply with a direction within 30 days, or by any later date specified in the direction.
(3)The Authority must not issue a direction under subregulation (1) unless—
(a)it has given the licensee a written notice that—
(i)states that the Authority proposes to issue the direction; and
(ii)sets out the reasons why it proposes to issue the direction; and
(iii)invites the licensee to make a written submission about the Authority's proposed direction; and
(b)it has considered any submission that is made in response to the notice.
41Licensee to inform relevant fire authority of licences
(1)A person who holds a licence authorising the person to manufacture explosives must provide the following information to the Fire Rescue Commissioner of Fire Rescue Victoria or the Chief Officer of the Country Fire Authority (whichever is appropriate) when the licence is issued, renewed or amended—
(a)the name and address of the licensee;
(b)the address or location of the premises specified in the licence;
(c)the class of licence;
(d)the types of explosives specified in the licence;
(e)the maximum quantities of explosives permitted by the licence to be at the premises;
(f)a site plan of the premises that includes the location of any building or place on the site, including magazines and manufacturing areas, where—
(i)any explosive; or
(ii)any ingredient or component for the manufacture of explosives which, by itself or when mixed with any other substance also present in the building or place, has explosive properties or is capable of forming an explosive mixture or compound—
is present or may be present;
(g)the location of manifests, emergency plans and critical controls and interfaces for fire systems.
(2)If a licence authorising a person to manufacture explosives is suspended or revoked or has otherwise ceased to operate, the person who held the licence must notify the Fire Rescue Commissioner of Fire Rescue Victoria or the Chief Officer of the Country Fire Authority (whichever is appropriate) within 14 days after the licence has ceased to operate.
(3)The requirements of this regulation do not apply in respect of a licence to manufacture explosives in an MMU.
42Separation distances to be maintained
(1)The holder of a licence authorising the person to manufacture explosives must ensure that the relevant separation distances specified in AS 2187.1 are maintained between any building on the premises containing explosives and—
(a)any magazine; and
(b)any building on the same site; and
(c)any protected works; and
(d)any vulnerable facility.
(2)For the purposes of subregulation (1), if the explosives in a building on the premises are of more than one Hazard Division, the person must determine the collective Hazard Division in accordance with the AEC.
Division 3—Manufacturing explosive mixtures
43Authorised person
For the purposes of this Division, an authorised person means—
(a)the holder of a licence authorising the person to manufacture an explosive mixture; or
(b)a person authorised by the licensee to control or manage the process of manufacturing an explosive mixture.
44Explosive mixtures
(1)In manufacturing an explosive mixture, an authorised person must, so far as is reasonably practicable, manufacture the mixture at or near the place where it is to be used.
(2)An authorised person must not manufacture any explosive mixture that has a combustible component in a powder form that is capable of causing a dust explosion at the place where the mixture is manufactured.
45Buildings, structures, appliances and associated equipment for mixing an explosive mixture
The holder of a licence authorising the person to manufacture an explosive mixture must ensure that—
(a)buildings or other structures in or on which an explosive mixture is to be manufactured are constructed in accordance with AS 2187.2; and
(b)processing equipment used for the manufacture of an explosive mixture conforms to AS 2187.2.
46Manufacture of explosive mixtures
An authorised person manufacturing an explosive mixture must do so in accordance with AS 2187.2.
47Components or ingredients to be kept in marked containers
The holder of a licence authorising the person to manufacture an explosive mixture must ensure that all components or ingredients of an explosive mixture are kept in containers that are clearly and conspicuously marked with the name of their contents.
48Notice to be displayed
An authorised person manufacturing an explosive mixture must ensure that, when the mixture is being made, a notice showing the words—
"DANGER"
"EXPLOSIVES"
"NO SMOKING OR FLAME"—
in conspicuous red letters on a white background, is prominently displayed—
(a)if the mixture is manufactured in the open air—at or adjacent to the place where it is being manufactured; or
(b)if the mixture is manufactured in a building or structure—outside every entrance to the building or structure.
49Other persons to be kept clear
(1)An authorised person who manufactures an explosive mixture must ensure that persons who are not engaged in the mixing, carrying, handling or use of the explosive mixture do not come, or remain within, 10 metres of the point where the explosive mixture is being manufactured.
(2)A person who is not involved in the process of manufacturing an explosive mixture must comply with any reasonable requirement of the authorised person.
50Other explosives to be kept away
An authorised person manufacturing an explosive mixture must ensure that all detonators, prepared charges, detonating cord and other explosives (except any explosives that must be in a blast hole) are kept in securely closed receptacles at least 10 metres away from the point where the explosive mixture is being manufactured.
51Fire precautions to be observed
(1)The holder of a licence authorising the person to manufacture an explosive mixture must comply with the requirements of AS 2187.2 in regard to fire precautions.
(2)For the purposes of subregulation (1), a reference in AS 2187.2 to "close proximity" means less than 10 metres.
52Disposal of spills and packaging
An authorised person manufacturing an explosive mixture must ensure that—
(a)any spillage of the explosive mixture or of an intended component of the mixture is cleaned up promptly and disposed of safely; and
(b)any waste packaging is removed promptly and disposed of safely.
53Equipment to be cleaned after use
An authorised person manufacturing an explosive mixture must ensure that, when the process of manufacturing the explosive mixture has been completed, all mixing appliances, receptacles, other equipment and tools used in making the explosive mixture are cleaned so that—
(a)any residual trace of the mixture cannot initiate or contribute to an explosion; and
(b)there is no risk to any subsequent user of the equipment or tools.
54Precautions to be taken before undertaking repairs or alterations
The holder of a licence authorising the person to manufacture explosives must ensure that, if any repair or alteration, intended to be made to a building, structure or processing equipment that contains or has contained an explosive mixture or any component used in the making of the mixture, will require the use of welding, cutting or grinding equipment or any other potential source of heat, flame or sparks—
(a)the mixture or component is removed to a safe place; and
(b)all residual traces of the mixture or component are thoroughly cleaned away before the repair or alteration begins.
55Storage of unused explosive mixtures
The holder of a licence authorising the person to manufacture explosives must ensure that any explosive mixture that cannot be used or loaded into blast holes on the day it is manufactured is—
(a)put in closed, clean, non-metallic, leak-proof containers, conspicuously marked "EXPLOSIVE MIXTURE"; and
(b)stored in accordance with the requirements of Part 5 until the mixture can be used; and
(c)used as soon as reasonably practicable.
56Location of place of manufacture of an explosive mixture
An authorised person manufacturing an explosive mixture must ensure that the relevant separation distances specified in AS 2187.1 are maintained between the place where the explosive mixture is being manufactured and any—
(a)protected works; and
(b)vulnerable facilities.
57Authorised person not to leave the manufacture unattended
An authorised person manufacturing an explosive mixture must ensure that the manufacturing process is not left unattended during the operation of the processing equipment.
Division 4—Manufacture of safety cartridges
58Requirements for the manufacture of safety cartridges
(1)This regulation applies to the manufacture of—
(a)safety cartridges for commercial purposes; and
(b)cartridge ammunition for lawful personal use by a person who holds a firearms licence.
(2)A person who manufactures the cartridges or ammunition specified in subregulation (1) must ensure that—
(a)the manufacturing process is carried out safely; and
(b)no other activities that may adversely affect the safety of the manufacturing process are conducted in close proximity to the process; and
(c)any propellant stored in the room being used for the manufacturing process is isolated from the operation and any ignition source; and
(d)any propellant being directly used for the manufacturing process is not exposed unnecessarily and is not exposed to ignition sources; and
(e)the quantity of propellant present is no greater than is reasonably necessary for the process; and
(f)every person who takes part in the manufacturing process or the handling of cartridges or ammunition wears clothing and footwear that will not contribute to accidental initiation of explosives used in the process; and
(g)flammable liquids and gases, combustible liquids and other materials which are capable of being ignited easily and of burning strongly are isolated, so far as is reasonably practicable, from the manufacturing process; and
(h)when the manufacturing process is completed, the equipment used in the process is cleaned and any spills of propellant are cleaned up and disposed of safely.
Part 5—Storage
Division 1—General provisions
Note
Contravention of a regulation under this Part may constitute an offence under section 45 of the Act.
59Application
(1)This Part does not apply to the storage of cartridge ammunition by a licensed firearms dealer.
(2)A person operating a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2017 is not required to hold a licence to store explosives, but is to be treated in all other respects as the holder of a licence required under this Part and is subject to all the duties, obligations and requirements placed on such a licensee by these Regulations.
(3)If there is any inconsistency between the requirements of this Division and Division 2, the requirements of Division 2 are to prevail.
60Persons storing explosives to comply with requirements
A person who stores explosives must do so in accordance with the requirements of this Part.
61Licence required to store explosives
(1)A person must not store explosives, or allow explosives to be stored, at any premises occupied by that person unless that person holds a licence authorising the person to store explosives of that type and quantity.
Note
For the definitions of premises and place, see section 3(1) of the Act.
(2)A licence authorising a person to store explosives may also authorise the licensee to sell or import those explosives.
(3)Subregulation (1) does not apply to any of the following—
(a)the storage of—
(i)explosives at premises in respect of which a licence has been issued authorising the manufacture and also the storage of explosives of that type and quantity; or
(ii)consumer fireworks in a quantity not more than that specified in Column 2 of Table 82; or
(iii)distress signals in a quantity not more than that specified in Column 2 of Table 82; or
(iv)industrial safety cartridges in a quantity not more than that specified in Column 2 of Table 82;
(b)a person who holds a licence to use blasting explosives, if the person is only storing explosives—
(i)of the type that the person is authorised by that licence to use; and
(ii)in a quantity not more than that specified in Column 2 of Table 82;
(c)a person who holds a licence to sell explosives, if the person is only storing explosives—
(i)of the type that the person is authorised by that licence to sell; and
(ii)in a quantity not more than that specified in Column 2 of Table 82;
(d)a pyrotechnician who is only storing fireworks of the type that the pyrotechnician is authorised by licence to use and in a quantity not more than that specified in Column 2 of Table 82;
(e)a person who is only storing safety cartridges, primers or propellant in quantities not more than that specified in Column 2 of Table 82;
(f)a pyrotechnician, if the fireworks specified in the licence are stored in accordance with the requirements set out in Division 5 and for not more than 7 days.
Note
This regulation does not exempt licensees from any other requirements of this Part.
Division 2—Provisions applying to all storage
62Explosives to be in compliant packaging
A person who stores explosives must ensure that the explosives are stored in packaging which complies with the AEC or, if that is not reasonably practicable, in other substantial packaging that will prevent any escape of the contents.
63Explosives to be kept secure
(1)A person who stores explosives must ensure that any storage of explosives—
(a)is kept securely locked, except when it is required to be open for purposes relating to its use or management; and
(b)is kept in a secure building or container that is locked, and is separate from buildings in which persons live.
(2)A person who stores explosives other than consumer fireworks must ensure that any container used to store the explosives is kept securely locked, except when it is required to be open for purposes relating to its use or management.
(3)Subregulation (1) does not apply to the storage of the following—
(a)consumer fireworks;
(b)cartridge ammunition by a person who holds a firearms licence;
(c)industrial safety cartridges.
(4)Subregulation (1)(b) does not apply to the storage of distress signals.
64Persons to keep storages and receptacles clean
A person who stores explosives must ensure, so far as is reasonably practicable, that the following are kept dry, clean and free of incompatible or extraneous materials—
(a)the floor and other parts of the building or room in which the explosives are stored;
(b)the interior of any receptacle used for the storage of explosives.
Division 3—Duties on all licensees
65Damaged or deteriorated explosives or packages—general
A person who stores explosives must ensure that any damaged, leaking, exuding or defective explosives in a storage specified in the licence are removed as soon as possible after discovery of the damage, leak, exudation or defect and disposed of safely in accordance with regulation 161 and with regard to—
(a)any supplier's instructions (where provided); and
(b)any operational procedures for that storage and for the type and condition of explosives in that storage.
66Damaged or deteriorated explosives or packages—licence to store
A person who holds a licence authorising the storage of explosives must ensure that any damaged or defective package of explosives in storage is removed and the explosives are repacked and returned to the storage as soon as possible after discovery of the damage or defect.
Note
Part 11 deals with methods of disposing of explosives that are unsafe or unwanted.
67Licensee to keep means of access clear
A person who holds a licence authorising the storage of explosives must ensure that the means of entry to buildings and rooms and access to receptacles in which the explosives are stored are kept clear at all times.
68Licensee to keep persons at storage to a minimum
A person who holds a licence authorising the storage of explosives must ensure that the number of persons who are present at the storage specified in the licence at any one time is kept to a minimum.
69Explosives not to be stored in safes or refrigerators
A person who stores any explosives, except explosives of Classification Code 1.4S, must not store the explosives in a document safe, money safe or refrigerator.
70Storage of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives
(1)A person who stores explosives of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 must—
(a)store the explosives in—
(i)a receptacle that complies with regulation 73; and
(ii)a building that complies with regulation 63(1)(b); and
(b)ensure that—
(i)explosives of more than one Compatibility Group are not stored in the same receptacle; and
(ii)detonators, capped fuses and other explosives of Classification Code 1.1B are not stored in the same receptacle as any other type of explosive.
(2)Subregulation (1) does not apply to—
(a)distress signals stored in a consumer package; or
(b)fireworks stored in their original package.
(3)Despite subregulation (1)(b)(i)—
(a)explosives of Compatibility Group S may be stored with explosives of any other Compatibility Group except Compatibility Group B; and
(b)blasting explosives of Classification Code 1.1D or 1.5D may be stored with propellants, plastic igniter cord and fuse lighters.
71No storage of detonators with other explosives
A person who stores detonators—
(a)must not store them in the storage with any other types of explosives; and
(b)if they are stored in a receptacle, must ensure that the receptacle is separated, by a partition or an intervening space sufficient to prevent a sympathetic detonation, from—
(i)any other types of explosives in the storage; or
(ii)any other receptacle containing explosives.
72Storage of safety fuse
A person who stores safety fuse must ensure that it is kept in a container in a cool and dry place away from petroleum liquids, solvents and other substances that may penetrate the fuse and affect its burning rate.
73Requirements for construction and maintenance of receptacles
A receptacle used for the storage of explosives must be constructed and maintained as follows—
(a)the construction of the receptacle must be sturdy;
(b)the receptacle must have a close-fitting closure;
(c)the inner construction of the receptacle must—
(i)be made from, or be lined with, plywood, close-joined timber or another suitable non-sparking material; and
(ii)not include exposed iron or steel.
74Markings on buildings, rooms and receptacles
(1)This regulation applies to a building, room or receptacle within premises that are used to store explosives, except a building at the main entrance of the premises.
(2)The outside door of the building or room or the lid of the receptacle—
(a)must be marked with a Class Label not less than 100 square millimetres in size; and
(b)must be marked with the Hazard Division of the explosives stored or, if the explosives are of more than one Hazard Division, their collective Hazard Division determined in accordance with regulation 8; and
(c)must be marked in conspicuous red letters on a white background with the words "EXPLOSIVES DETONATORS" or "EXPLOSIVES" or "DISTRESS SIGNALS" or "FIREWORKS" or "AMMUNITION" or "PROPELLANT", as appropriate; and
(d)may also be marked with another term to describe more accurately the explosives in the building, room or receptacle.
75Markings inside receptacles
A receptacle used to store explosives must be marked on the inside with the name and address of its owner, unless the receptacle is permanently fixed in place.
76Separation of explosives of different Compatibility Groups
If explosives of more than one Compatibility Group are stored in the same building, room or receptacle, the explosives must be separated by a partition or intervening space sufficient to prevent a sympathetic detonation.
77Explosives of different Hazard Divisions
If explosives of more than one Hazard Division are stored together, a collective Hazard Division must be determined in accordance with regulation 8.
Division 4—Emergency response
78Licence holders must have an emergency management plan
Any person who is required to hold a licence to store explosives under this Part must establish and maintain an appropriate plan to manage emergencies that may reasonably be expected to affect the storage premises.
79Firefighting equipment
(1)The holder of a licence authorising the person to store explosives must ensure that firefighting equipment is provided, maintained in good condition and working order and available for immediate use.
(2)The occupier of storage premises specified in a licence authorising the storage of explosives must ensure that firefighting equipment is provided, maintained in good condition and working order and available for immediate use.
Division 5—Medium scale storage
80Application
This Division only applies to medium scale storage as defined in regulation 82.
81Licensee must comply with Divisions 1 to 5 of this Part
The holder of a licence for medium scale storage must comply with the requirements set out in this Division in addition to the requirements set out in Divisions 1, 2, 3 and 4.
82Meaning of medium scale storage
For the purposes of this Division, medium scale storage means the storage of explosives of a type listed in Column 1 of Table 82 in a quantity that is—
(a)greater than the corresponding quantity specified in Column 2; and
(b)not more than the corresponding quantity specified in Column 3.
Table 82—Aggregate maximum quantity by type in any storage
| Column 1 | Column 2 | Column 3 |
| Type of explosive | Maximum quantity for small scale storage | Maximum quantity for medium scale storage |
| Explosives of Classification Code 1.1D and blasting explosives of Classification Code 1.5D (including gelignite, water gels, emulsions, nitrate mixtures and boosters) | 3×5 kg | 30 kg |
| Detonating cord of Classification Code 1.1D | 350 metres | 1000 metres |
| Gunpowder for blasting of Classification Code 1.1D | 5 kg | 20 kg |
| Propellant gunpowder of Classification Code 1.1D | 5 kg | 50 kg |
| Propellants of Classification Code 1.1C and 1.3C | 20 kg | 100 kg |
| Detonators of Classification Code 1.1B and 1.4B | 125 in number | 500 in number |
| Explosives of Classification Code 1.1B, N.O.S.* | 50 grams | 1 kg |
| Display fireworks of Classification Code 1.2G, 1.3G and 1.4G | 10 kg gross | 50 kg gross |
| Distress signals of Classification Code 1.3G | 5 kg | 100 kg |
| Distress signals of Classification Code 1.4G | 10 kg | 200 kg |
| Distress signals of Classification Code 1.3G and 1.4G | 10 kg in total, not more than 5 kg of which can be Classification Code 1.3G | 200 kg in total, not more than 50 kg of which can be Classification Code 1.3G |
| Explosives of Hazard Division 1.2, N.O.S.* | 2×5 kg | 10 kg |
| Explosives of Hazard Division 1.3, N.O.S.* | 5 kg | 50 kg |
| Fuse lighters of Classification Code 1.4G | 10 kg gross | 100 kg gross |
| Plastic igniter cord of Classification Code 1.4G | 500 metres | 5000 metres |
| Safety cartridges of Classification Code 1.4S | 40 000 in number | 1 000 000 in number |
| Industrial safety cartridges of Classification Code 1.4S | 40 000 in number | 1 000 000 in number |
| Primers of Classification Code 1.4S | 10 000 in number | 50 000 in number |
| Safety fuse of Classification Code 1.4S | 350 metres | 5000 metres |
| Consumer fireworks of Classification Code 1.4G and 1.4S | 30 kg gross | 500 kg gross |
| Air bag inflators, air bag modules and seat belt pretensioners of Hazard Division 1.4, which are not installed in vehicles or in completed vehicle components | 10 kg (in total) | 50 kg (in total) |
| Explosives of Classification Code 1.4S, N.O.S.* | 50 kg | 100 kg |
| Explosives of Hazard Division 1.4, N.O.S.* | 10 kg | 50 kg |
| Explosives of Hazard Division 1.6 | 10 kg | 50 kg |
(4)The Authority must obtain a security assessment of a person nominated in subregulation (3) if the person—
(a)provides the Authority with that person's specified proof of identity; and
(b)consents to the Authority obtaining, and provides sufficient information to enable the Authority to obtain, known information concerning the person to determine whether the person is suitable to have unsupervised access to explosives; and
(c)pays the fees set out in regulation 230(2) and (3).
(5)The Authority must advise the licensee and the nominated person in writing whether the security assessment received about the person is or is not an adverse security assessment and whether or not, on the basis of that assessment and other known information about the person, the Authority is of the opinion that the person poses a security risk.
(6)Subregulation (1) does not apply to—
(a)consumer fireworks: or
(b)distress signals; or
(c)industrial safety cartridges; or
(d)cartridge ammunition or primers for that ammunition.
206Transporting small quantities of explosives on behalf of licensees
A person who, on behalf of a licensee, transports explosives of a type specified in Column 1 of Table 107B in a quantity not more than the corresponding amount specified in Column 2 of that Table does not require a licence or a security assessment.
Division 4—Renewal of licence
207General requirements
(1)The Authority may require an applicant for renewal of a licence to satisfy all the requirements for the issue of the licence.
(2)An application for renewal of a licence must be accompanied by the appropriate fee.
(3)For the purpose of enabling the Authority to assess whether a licence should be renewed, the requirements of Division 3 of this Part apply to an application for renewal of a licence as if it were an application for the issue of a licence.
(4)A person is not required to undergo a security assessment if the person has previously successfully undergone a security assessment under the same name for the purposes of—
(a)these Regulations or the Dangerous Goods (HCDG) Regulations 2016; or
(b)equivalent legislation by a corresponding Authority; or
(c)legislation relating to HCDG in another Australian jurisdiction by a corresponding Authority.
Note
Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.
208Renewal of licences to drive a vehicle transporting explosives
For the purpose of enabling the Authority to assess whether a licence to drive a vehicle transporting explosives should be renewed, the requirements of regulations 178 to 182 apply to an application for renewal of a licence as if it were an application for the issue of a licence.
Division 5—Amendment, suspension or revocation of licences
Note
General provisions concerning the amendment, suspension or revocation of licences are also set out in Part III of the Act.
209Grounds for amending, suspending or revoking licence
(1)Any licence may be amended, suspended or revoked if the Authority is satisfied that the licensee is unsuitable to continue to hold the licence.
(2)Without limiting subregulation (1), the Authority may be satisfied that a licensee is unsuitable to continue to hold the licence if—
(a)the licensee has contravened—
(i)a provision of the Act or these Regulations; or
(ii)a provision of the law in force in another State or a Territory corresponding to a provision of the Act or the regulations.
(b)the licensee (and, in the case of a body corporate, any officer of the licensee) has been found guilty of an offence under any occupational health and safety or dangerous goods legislation (or, in the case of a licence to drive a vehicle transporting explosives and an explosives vehicle licence, road transport legislation) of any Australian jurisdiction; or
(c)the licensee has ever had a licence or other authorisation suspended or revoked under any occupational health and safety or dangerous goods legislation (and, in the case of a licence to drive a vehicle transporting explosives and an explosives vehicle licence, road transport legislation) of any Australian jurisdiction; or
(d)the licensee is suffering from a medical condition, or has a physical or mental disability; or
(e)the licensee is not, or has not been, safely and competently carrying out the activities to which the licence relates; or
(f)the licensee has failed to comply with any of the conditions, limitations or restrictions of the licence; or
(g)the licensee—
(i)provided, in the application for the licence or the renewal of the licence, information that was false or misleading in a material particular; or
(ii)failed to disclose to the Authority any significant information that should have been disclosed to the Authority; or
(h)the licensee no longer satisfies the prescribed security requirements set out in regulation 201; or
(i)the licence was granted on the basis of competency evidence (such as a statement of attainment) that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person or body.
Note
Any person or body includes the licensee, the RTO who issued the statement of attainment, or the provider of the training course.
210Matters that may be taken into account
For the purposes of regulation 209, the Authority may have regard to any matter that it considers to be relevant, including—
(a)whether, since the licence was issued or last renewed, the licensee has had any other licence or registration suspended or revoked by the Authority under the Act or these Regulations; and
(b)the licensee's record of performance while performing work under the licence including the number and nature of any complaints made about that work; and
(c)the licensee's record with respect to any matters arising under dangerous goods or occupational health and safety legislation in an Australian jurisdiction, since the licence was issued or last renewed; and
(d)the results of any internal review under Part 15 with respect to the licensee.
211Grounds for amending, suspending or revoking a licence to drive a vehicle transporting explosives
A licence to drive a vehicle transporting explosives may be amended, suspended or revoked if the licensee's driver licence has been revoked.
212Grounds for amending, suspending or revoking a licence for road vehicles
An explosives vehicle licence may be amended, suspended or revoked if—
(a)the road vehicle does not comply with the Act or these Regulations; or
(b)the licensee has been found guilty by a court in Australia of an offence that makes the licensee unsuitable to be the holder of a licence of a road vehicle used in transporting explosives; or
(c)the licence was issued on the basis of a tank design approval that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person or body.
Part 15—Review of decisions
213What is a reviewable decision?
For the purposes of regulation 215 and section 20(1A) of the Act, the following are reviewable decisions made by the Authority—
(a)a decision to issue or refuse to issue a licence;
(b)a decision to impose a condition, limitation or restriction on the issue of a licence;
(c)a decision to renew or refuse to renew a licence;
(d)a decision to impose a condition, limitation or restriction on the renewal of a licence;
(e)a decision to amend, suspend or revoke a licence;
(f)a decision not to amend a licence;
(g)a decision to issue or refuse to issue a duplicate licence document or licence label;
(h)a determination or an approval by the Authority or the refusal to make a determination or to grant an approval;
(i)a decision to grant or refuse to grant an exemption under these Regulations.
214Who is an eligible person?
For the purposes of regulation 215 and section 20(1A) of the Act, a person whose interests are affected by a reviewable decision set out in regulation 213 is an eligible person.
215Application for internal review
(1)An eligible person may apply in writing to the Authority for a review of a reviewable decision set out in regulation 213.
(2)An application for a review must be made within—
(a)14 days after the day on which the decision first came to the applicant's notice; or
(b)such longer period as the Authority allows.
(3)If an application is made, the Authority must make a decision—
(a)to confirm the reviewable decision either on the basis—
(i)that it was made in accordance with the Act and these Regulations; or
(ii)that even though it was not made in accordance with the Act or these Regulations, the failure was not reasonably likely to have affected the outcome of the decision; or
(b)to set aside or vary the reviewable decision.
(4)The Authority must give a written notice to the applicant setting out—
(a)the Authority's decision and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(5)The Authority must give the notice—
(a)within 14 days after the application is made; or
(b)with the consent of the applicant, within a further period of up to 14 days.
(6)If the Authority does not notify an applicant of a decision in accordance with subregulation (5), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations.
(7)A review under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it.
Note
Section 20B of the Act provides a right to apply to the Tribunal for a review of a reviewable decision made by the Authority.
216Process for new decisions to be started within 7 days
If the Authority sets a decision aside under regulation 215(3)(b), it must start the process to remake the decision within 7 days after it sets the decision aside.
217Notices of decisions must contain a copy of review rights
(1)The Authority must ensure that any written notice it gives to an applicant for a licence, or to a licensee, of any reviewable decision it makes includes a copy of this Part (other than this regulation).
(2)Subregulation (1) does not apply to the following reviewable decisions of the Authority—
(a)a decision to issue or renew a licence that is not subject to any conditions, limitations or restrictions;
(b)a decision to issue a duplicate licence document or licence label.
Part 16—Fees
Division 1—Preliminary
218Issue of a duplicate licence
The fee for a duplicate licence is $50.
219Issue of a transfer of a licence
For the purposes of section 26 of the Act, the prescribed transfer fee is $50.
220Renewal of licences
The fee for the renewal of a licence is the same as for the issue of the licence.
221Amendment of a licence
(1)Subject to subregulation (2), the fee for the amendment of a licence is 35% of the fee for the issue of the licence.
(2)Subregulation (1) does not apply—
(a)at the time of renewal of the licence; or
(b)if one or more additional authorisations are added to the licence.
Note
See regulation 223 for calculating fees if one or more authorisations are added to a licence.
222Fees non-refundable
(1)The fee for a licence is not refundable once the work required by the application has been performed.
(2)The fee for the issue or renewal of a licence is the same irrespective of the duration of the licence.
223Fees for multiple authorisations on a single licence
Unless specified otherwise in these Regulations, the fee for 2 or more authorisations on a single licence is the fee for the most expensive authorisation plus 35% of the fee for each other authorisation.
Example
The fee for a licence authorising storage of explosives is $500. If a licence authorising storage is sought with an additional authorisation for sale, the fee would be $500 plus 35% of the cost of a licence authorising sale ($62.50) being $521.88.
Division 2—Fees for licences
224Manufacture of explosives
(1)The fee for the issue of a licence authorising a person to manufacture explosives at a factory is $5000 for each factory licensed.
(2)If, under regulation 36(2), there are one or more additional authorisations on a licence authorising a person to manufacture explosives at a factory, there is no extra fee for those authorisations.
(3)The fee for the issue of a licence authorising a person to manufacture explosives at premises other than a factory is $312.50 for each premises licensed.
Note
Section 3(1) of the Act defines premises as including any other place and place as including a vehicle, ship or boat. Accordingly, MMUs are covered under this subregulation.
225Storage of explosives
(1)The fee for the issue of a licence authorising a person to store explosives in medium scale storage is $250.
(2)The fee for the issue of a licence authorising storage above prescribed quantities as defined in regulation 88(3) is $500.
226Sale and import of explosives
The fee for the issue of a licence authorising a person—
(a)to sell explosives is $62.50; or
(b)to import but not to sell explosives is $62.50.
Note
The fee for a licence authorising a person to import and sell explosives is calculated under regulation 223. The fee would be calculated as $62.50 plus (35% of $62.50) being $84.38.
227Transport of explosives
(1)The fee for the issue of an explosives vehicle licence for a road vehicle is $62.50 for each vehicle licensed.
(2)The fee for the issue of a licence authorising a person to transport explosives by rail is $500.
(3)The fee for the issue of a licence authorising a person to drive a road vehicle transporting explosives is $62.50.
228Licence to use blasting explosives
(1)The fee for the issue of a new licence to use blasting explosives is $62.50.
(2)The fee for the renewal of a licence to use blasting explosives is $62.50 if it is not necessary for the applicant to undergo an examination.
229Licence for pyrotechnician
The fee for the issue of a licence to use fireworks is—
(a)$62.50 if it is not necessary to assess the practical experience of the applicant or for the applicant to undergo an examination; or
(b)$125 if it is necessary to assess the practical experience of the applicant; or
(c)$300 if it is necessary for the applicant to undergo an examination.
230Additional fee for security assessments and searches
(1)An applicant for the issue or renewal of an explosives licence must pay an additional fee to enable the Authority to obtain a security assessment or search of other known information in relation to—
(a)the applicant; and
(b)each person who has consented under regulation 200 or 205 to the Authority obtaining known information about that person.
(2)The fee for a security assessment is $20.
(3)The fee for a search of any other known information about a person is $40.
Division 3—Other fees
231Authorisation and classification of explosives
(1)The fee to test or examine explosives for the registration and definition of an explosive (including any amendment to the register) under section 54 of the Act is $150.
(2)The fee to conduct tests for the classification of an explosive under section 54 of the Act is $150.
232Determination of applications for exemptions
The fee to accompany an application for an exemption from these Regulations is $300.
Part 17—Expiry
233Expiry
These Regulations expire on 19 June 2022.
Schedules
Schedule 1—Revoked regulations
Regulation 4
| S.R. No. | Title |
| 37/2011 72/2013 125/2013 2/2017 | Dangerous Goods (Explosives) Regulations 2011 Dangerous Goods (Explosives) Amendment Regulations 2013 Dangerous Goods (Explosives) and (Transport by Road or Rail) Amendment Regulations 2013 Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations 2017 |
Schedule 2—Matters to be included in safety management system
Regulation 37
1Safety policy and safety objectives
(1)A description of the means by which the operator's safety policy and specific safety objectives are to be communicated to all persons who are to participate in the implementation of the safety management system.
(2)An express commitment to the ongoing improvement of all aspects of the safety management system.
2Organisational structure and personnel
The identification (according to position description and location) of the persons who are to participate in the implementation of the safety management system, and a description of the command structure in which these persons work and of the specific tasks and responsibilities allocated to them.
3Operational controls
Procedures and instructions that cover the following matters—
(a)procedures for ongoing hazard identification, risk assessment and risk control, and for the review of those procedures;
(b)supervision of employees, visitors and contractors in explosives areas;
(c)maintenance of buildings, plant and equipment, including decontamination;
(d)restrictions on smoking, alcohol consumption and other similar behaviour;
(e)selection, maintenance and use of personal protective equipment;
(f)permits to work;
(g)prevention of unauthorised access;
(h)disposal of waste explosives and ingredients, including burning ground procedures;
(i)modification of process equipment, formulations, materials, packaging or procedures;
(j)testing of trips, alarms and other protection systems;
(k)sampling and product testing;
(l)an emergency plan, including an evacuation plan, appropriate firefighting controls and consequence minimisation steps (including control of spills and appropriate off‑site responses);
(m)transport, storage and use of explosives;
(n)materials handling;
(o)inventory and quality control of raw materials, intermediates and finished products;
(p)explosives and personnel limit in buildings or other locations;
(q)adverse weather conditions (including lightning);
(r)control of ignition sources;
(s)training and competency evaluation of staff;
(t)operation of plant and equipment associated with the manufacture of explosives;
(u)incident and accident reporting and response;
(v)maintenance of records.
4Performance monitoring
Performance standards that—
(a)relate to all aspects of the safety management system; and
(b)are sufficiently detailed to ensure that the ability of the operator to ensure the effectiveness of all aspects of the safety management system is apparent from the documentation; and
(c)are measurable; and
(d)include—
(i)the failure of any control measure, whether or not the failure has the potential to harm life or cause significant damage to property; and
(ii)the system for reporting any such failure; and
(iii)other corrective action to be taken in the event of any such failure; and
(iv)steps to be taken to continually improve all aspects of the safety management system, including by testing the effectiveness of control measures.
5Audit
Provision for the audit of performance against the performance standards, including the methodologies, frequency and results of the audit process.
Schedule 3—Particulars for security plans required by the Authority
Regulations 202 and 203
1The prescribed particulars to be included in a security plan are—
(a)the precautions to ensure explosives are secure at all times; and
(b)the names of all persons (including those employed or engaged by the licensee) who are allowed by the licensee to have access to explosives; and
(c)the procedures for amending the security plan by the addition of names of new persons having access to explosives or the removal of the names of persons who no longer have access to explosives; and
(d)the procedures for instructing persons who are employed or engaged by the licensee and have access to explosives with regard to the security plan; and
(e)the details of a person who is designated to be responsible for maintaining the security plan; and
(f)the system for recording details of and reconciling incoming, manufactured and outgoing quantities of explosives; and
(g)the procedures for reporting to authorities (police and the Authority) any theft, attempted theft or unexplained loss of explosives or any other security incident involving explosives; and
(h)the systems or precautions that are in place to ensure that explosives are only received from a person who holds a licence to sell, import or use the explosives and that the explosives are delivered to a person who is licensed under these Regulations.
2Additional requirements for a licence to transport explosives—
(a)the precautions in place to ensure that, if explosives are temporarily stored during the loading or transport process, they are kept in a secure storage identified in the security plan; and
(b)the precautions in place to ensure that explosives are transported at all times in locked containers or under constant surveillance by electronic means or by the licensee; and
(c)the procedures for undertaking sealing of explosives, if required by the security plan, and for regular assessments of sealing procedures to monitor their effectiveness; and
(d)the system to monitor the location of the consignment during transportation; and
(e)the systems and procedures in place to record—
(i)persons authorised to drive road vehicles transporting explosives; and
(ii)the vehicles used for transporting explosives by road or rail, on which seals can be fitted to detect entry to the vehicle; and
(iii)that explosives are only delivered to licensed persons; and
(iv)details of consignments by road or rail including—
(A)seal numbers and any changes in seals necessary for part deliveries; and
(B)accurate weight measurement or other reconciliation (for example, the number of bags) of all explosives at loading and unloading; and
(C)confirmation on a load-by-load basis of whether the load was delivered with all seals and locks intact; and
(D)the system that ensures that both returns of explosives of merchantable quality and spillage recovery are accurately documented and appropriately accounted for; and
(f)the protocols that are in place to refuse loading of any vehicle that is not included in the record of vehicles under item (e)(ii); and
(g)when explosives are being transported by road, there are procedures in place to ensure that the vehicle is not left unattended unless—
(i)the vehicle is left at a secure site; and
(ii)the explosives are in a locked container; and
(iii)the relevant locks are sealed with numbered seals to assist in the detection of theft or attempted theft; and
(h)when explosives are being transported by rail, there are procedures in place to ensure that, unless the explosives are under constant supervision—
(i)they are transported in locked containers or in locked rail cars; and
(ii)all openings of the containers or rail cars are sealed with substantial tamper-proof seals that require forceful breakage to enter the container or rail car; and
(iii)consignments have a schedule so that the location of the container or rail car is continually monitored for the duration of the transport; and
(i)when explosives are being transported by rail, there are procedures in place to ensure that, unless explosives are under constant supervision, a licensed person is present at the dispatch and receipt of explosives and at any time when containers need to be opened before they reach their destination.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Dangerous Goods (Explosives) Interim Regulations 2021, S.R. No. 56/2021 were made on 16 June 2021 by the Governor in Council under section 52 of, and Schedule 2 to, the Dangerous Goods Act1985, No. 10189/1985 and came into operation on 20 June 2021: regulation 3.
The Dangerous Goods (Explosives) Interim Regulations 2021 will expire on 19 June 2022: see regulation 233.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Dangerous Goods (Explosives) Interim Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
[1] Reg. 5(1) def. of freight container: S.R. No. 155/2018 as amended by S.R. No. 27/2021.
[2] Reg. 34(3): S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020 and 8/2021.
[3] Reg. 122(b): S.R. No. 96/2020 as amended by S.R. No. 105/2020.
[4] Reg. 183 def. of vehicle: S.R. No. 100/2019 as amended by S.R. Nos 120/2019, 172/2019, 105/2020, 123/2020 and 36/2021.
[5] Reg. 200(3)(a): S.R. No. 90/2016.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2020 is $14.81 and for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 56/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| The following definitions in regulation 5— Australian Explosives Code or AEC | Australian Code for the Transport of Explosives by Road and Rail, prepared by the Australian Forum of Explosives Regulators and endorsed by the Workplace Relations Ministers' Council, as amended from time to time | The whole |
| Class Classification Code Hazard Division Regulations 8, 9, 11, 22, 31, 32, 42, 62, 99, 108, 112 to 115, 173 and 186 | ||
| The following definition in regulation 5— AS 2187 | Australian Standard 2187, Explosives—Storage, transport and use, published by Standards Australia, as amended from time to time | The whole |
| The following definitions in regulation 5— Class A protected work Class B protected work | Australian Standard 2187.0, Explosives—Storage, transport and use—Part 0: Terminology, published by Standards Australia, as amended from time to time | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| The following definition in regulation 5— AS 3846 Regulations 168 to 173 | Australian Standard 3846, The handling and transport of dangerous cargoes in port areas, published by Standards Australia, as amended from time to time | The whole |
| The following definition in regulation 5— AS 2187 Regulations 45, 46, 51, 128 to 130, 135 and 161 | Australian Standard 2187.2, Explosives—Storage and use—Part 2: Use of explosives, published by Standards Australia, as amended from time to time | The whole |
| The following definitions in regulation 5— Class Label UN number | Australian Code for the Transport of Dangerous Goods by Road and Rail, as in force from time to time | The whole |
| The following definition in regulation 5— AS 2187 Regulations 150, 154, 156, 158, 159 and 161 | Australian Standard 2187.4, Explosives—Storage, transport and use—Part 4: Pyrotechnics–Outdoor displays, published by Standards Australia, as amended from time to time | The whole |
| Regulations 181 and 196 | Assessing Fitness to Drive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 September 2016 as amended from time to time | The whole |
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