Dangerous Goods (Explosives) Regulations 2011 (Vic)
Version No. 014
Dangerous Goods (Explosives) Regulations 2011
S.R. No. 37/2011
Version incorporating amendments as at
25 October 2018
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
Division 1—General
1Objectives
2Authorising provision
3Commencement
4Revocation
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 Australian Standards
12Inconsistencies between provisions
Division 4—Exemptions
13Quarterly returns of stock-lists not required
14Exemption from provisions of the 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 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
35Definitions
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 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 need emergency management plan
79Fire-fighting 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 of buildings and rooms
86General fire precautions
87Requirements for construction 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 to store above prescribed quantities
94Separation distances do not apply
95Notices to be posted at premises used to store 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, 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.
199Disposal and transfer of licensed vehicles
Subdivision 5—Additional provisions in relation to licences to use blasting explosives
200Endorsing licence to allow manufacture of ANFO
Division 3—Security requirements
201Proof of identity and consent required
202Security requirements to be satisfied before person can hold a licence
203Prescribed particulars for security plans
204Duty to review and revise security plan
205Security assessments
206Security requirements to be satisfied before persons allowed unsupervised access to explosives
207Transporting small quantities of explosives on behalf of licensees
Division 4—Renewal of licence
208General requirements
209Renewal of licences to drive a vehicle transporting explosives
Division 5—Amendment, suspension or revocation of licences
210Grounds for amending, suspending or revoking licence
211Matters that may be taken into account
212Grounds for amending, suspending or revoking a licence to drive a vehicle transporting explosives
213Grounds for amending, suspending or revoking a licence for road vehicles
Part 15—Review of decisions
214What is a reviewable decision?
215Who is an eligible person?
216Application for internal review
217Process for new decisions to be started within 7 days
218Notices of decisions must contain a copy of review rights
Part 16—Fees
Division 1—Preliminary
219Issue of a duplicate licence or 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—Savings and transitional provisions
233Continuing effect of certain regulations
234Lawful conduct under former regulations
235Continuing effect of certain approvals
236Continuing effect of certain licences
237Continuing effect of exemptions
238Treatment of applications for licences made under the former regulations
Part 18—Amendments to the Dangerous Goods (Transport by Road or Rail) Regulations 2008
240Repeal of amending regulation
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
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 014
Dangerous Goods (Explosives) Regulations 2011
S.R. No. 37/2011
Version incorporating amendments as at
25 October 2018
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; and
(f)to revoke the former Regulations; and
(g)to make statute law revision and other amendments to the Dangerous Goods (Transport by Road and Rail) Regulations 2008.
2Authorising provision
These Regulations are made under section 52 of, and Schedule 2 to, the Dangerous Goods Act1985.
3Commencement
These Regulations come into operation on 26 June 2011.
4Revocation
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)2187.0 – Part 0 Terminology;
(b)2187.1 – Part 1 Storage;
(c)2187.2 – Part 2 Use of explosives;
(d)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;
Class A protected work has the same meaning as in AS 2187.0;
Class B protected work has the same meaning as in AS 2187.0;
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 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;
Example
A toy pistol cap, party popper, snap for a bon‑bon cracker.
(b)a sparkler;
(c)a model rocket motor (containing no more than 62×5 grams of propellant);
(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 60o C or higher) and may include 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;
former Regulations means the Dangerous Goods (Explosives) Regulations 2000;
freight container has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018[1];
ground display firework means a display firework which primarily functions on the ground and which may project stars, novelty and other effects above the ground;
Hazard Division means, when followed by numerals, a "hazard division" determined in accordance with Addendum 1 of Appendix 2 to 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;
inner packaging means packaging that—
(a)is capable of performing its containment function without being placed in another packaging; and
(b)is placed in an outer packaging to form a combination packaging for transport;
licence means a licence required under these Regulations, unless otherwise stated;
Note
Section 21(1) of the Act gives the Authority power to issue licences.
licensed firearms dealer has the same meaning as in the Firearms Act 1996;
licensee, depending on the context in each Division, means a person who holds a specified licence that is required under these Regulations;
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;
(b)a change to the quantity of explosives present or likely to be present including the introduction of any new explosive;
(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;
(d)a change to a relevant safety management system;
net explosive quantity or NEQ means the mass of explosives contained in an explosive;
outer packaging means a packaging that forms the outer protection of a composite or combination packaging for transport and includes any absorbent material, cushioning and other components used to contain or protect inner receptacles or inner packaging;
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 means a road within the meaning of the Road Safety Act 1986;
road related area means a road related area within the meaning of 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;
signal tube means a small-bore flexible plastic tube coated internally with an explosive powder so that it is capable of transmitting a shock wave along the length of the tube;
sky rocket means a firework within a casing (with an attachment to stabilise flight) which 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 or UN has the same meaning as in the ADG Code;
underground magazine means a magazine that is used for the storage of explosives and detonators and is—
(a)an enclosed cavity formed in underground rock; or
(b)constructed in accordance with AS 2187.1 for underground use;
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;
(b)a large glass fronted building;
(c)a health care or childcare facility or school;
(d)a public building;
(e)a structure of major historical significance;
(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.
Note[2]
The Act contains a number of definitions of further terms used in these Regulations, and also a number of interpretation provisions. See Endnote 2.
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 person—
(a)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 Australian Standards
If any part 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
Note
Contravention of a regulation under this Division may constitute an offence under section 45 of the Act.
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 the 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, if 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 had been complied with; or
(b)that the provision that is to be the subject of the exemption is an administrative requirement under these Regulations¾
(i)that is not directly associated with a measure to any eliminate or reduce any risk; and
(ii)that is 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 conditions 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—
(a)that 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)that the provision that is to be the subject of the exemption is an administrative requirement under these Regulations¾
(i)that is not directly associated with a measure to eliminate or reduce any risk; and
(ii)that is 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 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 course of action; and
(iii)inviting the person making the application or request to provide a written submission to the Authority on the proposed decision; and
(b)consider 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 or were 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 member of the police force 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)A person must leave premises where there are explosives if ordered to do so by a licensee under subregulation (3).
(3)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.
(4)For the purposes of this regulation, a person is adversely affected by alcohol or drugs if the person's judgment 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, if—
(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 or Part 5, whichever is applicable, 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)that 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 for his or her own use by a person who 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 licensee makes not more than 50 kilograms of ANFO at a time for his or her own use.
(3)A person who operates a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2017 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 is subject to all the duties, obligations and requirements placed on such a licensee by these Regulations.
35Definitions
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 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;
(b)to sell explosives;
(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 manufacture, or participate in the manufacture, of an explosive 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 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 that are 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; or
(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
(c)is reviewed and, if necessary, revised at least each 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 this regulation or 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 the explosives are manufactured is 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 a 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)preparing an 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 fire fighting authorities.
Note
A licensee who is an employer will also have to observe the consultation requirements of 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, make, 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 Chief Fire Officer of the Metropolitan Fire and Emergency Services Board 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 which 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;
manifest (section 3(1))
manufacture (section 3(1))
master (section 3(1))
occupier (section 3(1))
officer or member (section 3(1))
owner (section 3(1))
person (section 3(1))
premises (section 3(1))
sell (section 3(1))
ship (section 3(1))
specified proof of identity (section 21A(6))
transfer (section 3(1)).
Other important application provisions in the Act include—
Section 3(2): For the purposes of the interpretation of manufacture, making includes—
(a)any process of chemical reaction;
(b)any process which involves the mixing, separation, concentration, dilution, assembling or blending of substances or articles; and
(c)the operation of machinery, plant or equipment which is using, treating or processing dangerous goods.
Section 3(3): Any reference in this Act to sell explosives or to the sale of explosives includes a reference to the supply of the explosives whether or not for any consideration.
Section 3(4): For the purposes of this Act, involvement in the transport of dangerous goods includes any of the following—
(a)importing, or arranging for the importation of, dangerous goods into Australia;
(b)packing dangerous goods for transport;
(c)marking or labelling packages containing dangerous goods for transport;
(d)placarding containers and vehicles in which dangerous goods are transported;
(e)consigning dangerous goods for transport, including the preparation of transport documentation;
(f)loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport;
(g)unloading dangerous goods that have been transported;
(h)driving a vehicle carrying dangerous goods;
(i)being the consignee of dangerous goods that are transported;
(j)undertaking, or being responsible for, the transport of dangerous goods, otherwise than as an employee or sub-contractor;
(k)being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of the body corporate, that takes part in an activity included in this subsection.
[3] Reg. 37(5): The amendment proposed by regulation 562(2) of the Occupational Health and Safety Regulations 2017, S.R. No. 22/2017 is not included in this publication as the word "MSDS" does not appear in regulation 37(5).
Regulation 562(2) reads as follows:
562Safety management system
(2)In regulation 37(5) of the Dangerous Goods (Explosives) Regulations 2011, for "MSDS" substitute "SDS".
[4] Reg. 183: S.R. No. 95/2009 as amended by S.R. Nos 138/2009, 28/2010, 35/2010 and 135/2010.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 37/2011 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
| 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 Class Classification Code Hazard Division Regulations 8, 9, 11, 22, 31, 32, 42, 62, 99, 112 to 115, 119, 123, 173 and 186 | Australian Code for the Transport of Explosives by Road and Rail (AEC), prepared by the Australian Forum of Explosives Regulators and endorsed by the Workplace Relations Ministers' Council, 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 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 |
| Regulation 5— Definition of 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 |
| 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 or UN Regulation 6 | Australian Code for the Transport of Dangerous Goods by Road and Rail, as in force from time to time | The whole |
| Regulation 5— Definition of underground magazine Regulations 42, 56, 83, 89 and 91 to 94 | Australian Standard 2187.1, "Explosives—Storage, transport and use—Part 1: Storage, 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 |
| 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 |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 2/2017 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 |
| Regulations 20 and 21 which amend regulations 181(1)(b) and 196(2) of the Dangerous Goods (Explosives) Regulations 2011 | Assessing Fitness to Drive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 October 2016 | The whole |
0
0
0