Dangerous Goods (Explosives) Regulations 2022 (Vic)

Version No. 002

Dangerous Goods (Explosives) Regulations 2022

S.R. No. 41/2022

Version incorporating amendments as at

5 July 2023

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 together of explosives of more than one Hazard Division

Division 3—Incorporation of external documents

9Publication date of amendments to AEC

10Date of effect of amendments 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

Division 5—Approvals by the Authority

19Approvals by the Authority

Part 2—Duties applicable to all persons

20Security of explosives

21Unlawful possession of explosives

22Misuse of explosives prohibited

23General fire precautions—ignition sources

24Further fire precautions

25Adequate lighting required

26Reporting of injury, property damage and dangerous incidents

27Reporting of theft, loss or attempted theft

28Restrictions on people under 18 years of age

29Persons under the influence of alcohol or drugs

30Placement, visibility and maintenance of signs and notices

31Removal of signs and notices

Part 3—Packaging and marking

32Explosives to be packaged and marked in accordance with the AEC

33Duties in relation to the AEC

34Duties of persons who pack explosives

Part 4—Manufacture

Division 1—Preliminary

35Application

36Definition

Division 2—Licensing and safety management

37Licence to manufacture explosives

38Safety management system

39Safety management system consultation

40Records of modifications to be kept

41Authority may require changes to safety management system

42Licensees to inform relevant fire authority of licences

43Separation distances to be maintained

Division 3—Manufacture of explosive mixtures

44Authorised person

45Explosive mixtures

46Buildings, structures, appliances and associated equipment for manufacturing explosive mixtures

47Manufacture of explosive mixtures

48Components or ingredients to be kept in marked containers

49Notice to be displayed

50Other persons to be kept clear

51Other explosives to be kept away

52Fire precautions to be observed

53Disposal of spills and packaging

54Equipment to be cleaned after use

55Precautions to be taken before undertaking repairs or alterations

56Storage of unused explosive mixtures

57Location of place of manufacture of an explosive mixture

58Authorised person not to leave the manufacture unattended

Division 4—Manufacture of safety cartridges and cartridge ammunition

59Requirements for the manufacture of safety cartridges and cartridge ammunition

Part 5—Storage

Division 1—General provisions

60Application

61Persons storing explosives to comply with requirements

62Licence to store explosives

Division 2—Provisions applying to all storage

63Explosives to be in compliant packaging

64Explosives to be kept secure

65Persons to keep storages and receptacles clean

66Damaged or deteriorated explosives or packages—general

67Explosives not to be stored in safes or refrigerators

68Storage of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives

69No storage of detonators with other explosives

70Storage of safety fuse

71Requirements for construction and maintenance of receptacles

72Markings on buildings, rooms and receptacles

73Markings inside receptacles

74Separation of explosives of different Compatibility Groups

75Explosives of different Hazard Divisions

Division 3—Duties of all licensees

76Damaged or deteriorated explosives or packages

77Licensee to keep means of access clear

78Licensee to keep persons present at storage to a minimum

Division 4—Emergency response

79Licensees must have an emergency management plan

80Firefighting equipment

Division 5—Medium scale storage

81Application

82Licensees who must comply with this Division

83Meaning of medium scale storage

84General requirements for medium scale storage

85Signs at premises

86Requirements for construction and maintenance of buildings and rooms

87General fire precautions

88Requirements for construction and maintenance of receptacles

Division 6—Storage above prescribed quantities

89Application

90Storage to be in accordance with AS 2187.1

91Records to be kept

92Compliance with requirements of AS 2187.1

93Lightning protection

94Security fencing for premises used for storage above prescribed quantities

95When separation distances apply

96Notices to be posted at premises used for storage above prescribed quantities

97Certain licensees to inform relevant fire authority of licences

98Portable lighting in a storage must not pose threat of ignition

Part 6—Sale

Division 1—General provisions

99Licence to sell explosives

100Packaging of explosives when sold

101Place of selling

102No display of explosives for sale

103Damaged or defective explosives not to be sold

Division 2—Sale of explosives

104Explosives to be sold to authorised persons only

105Records of purchase or sale of explosives

106Duties when purchasing explosives

107Purchase under authority issued by the Authority

Part 7—Transport

Division 1—General

108Application

109Licences to transport explosives by road

110Licence to transport explosives by rail

111Transport of explosives of Hazard Division 1.1A

112Transport of explosives by boat

Division 2—Australian Explosives Code

113Explosives to be transported in accordance with AEC

114Who must comply with the AEC?

115AEC training

116Stationary vehicles taken to be transporting explosives

Division 3—Determinations by the Authority and restrictions on road transport routes

117Register of determinations

118Records of determinations

119Explosives not to be transported in or through Central Business District

120Restrictions on the transport of certain explosives through designated tunnels and approach roads

121Transport of explosives in or through Melbourne metropolitan area

122Transport of explosives in or through non‑metropolitan areas

123Maximum vehicle load

Division 4—Additional requirements at rail yards

124Requirements for explosives in rail yards or sidings

Part 8—Use of blasting explosives

Division 1—Preliminary

125Explosives means blasting explosives

126Licence to use blasting explosives

Division 2—General

127Method of keeping explosives at a blasting site

128Damaged or defective explosives

Division 3—Equipment for blasting operations

129Use of equipment to initiate explosives

Division 4—Blasting operations

130Use of blasting explosives

131Requirement to have blast management plan

132Total fire ban days

133Preparation of detonators for firing

134Vibration and noise levels

135Conduct of persons at site of blasting operations

136Precautions during charging of blast holes using pumpable or free flowing explosives

137Precautions after blast

138Shotfirer to ensure no means of self-detonation

139Charging and firing charges

Division 5—Special blasting operations

140Demolition of buildings and other structures

Part 9—Fireworks—Possession and use

Division 1—General provisions

141Definitions

142Licence to use fireworks

143Licence to be produced

144Seizure of fireworks that are unauthorised explosives

145Consumer fireworks

Division 2—Display fireworks, Chinese firecrackers and theatrical fireworks

146Criteria for use of Chinese firecrackers

147Pyrotechnicians to notify authorities of intended fireworks

148Chinese firecrackers not to be discharged indoors

149Use of long string Chinese firecrackers

150Use of theatrical fireworks

151Conduct after discharge of fireworks

152Malfunctions

153Use of flash powder

Division 3—Management of firework displays

154Application

155Fire protection

156Separation distances

157Security of display site

158Keeping fireworks at display site

159Firing of display fireworks

160Misfired fireworks

Part 10—Distress signals

161Possession and use of distress signals

Part 11—Disposal, destruction and rendering harmless

162Explosives must be disposed of etc. safely

163Only licensed persons may dispose of certain explosives

164Distress signals to be disposed of safely

165Arranged disposal permitted

166Disposal at approved destruction facility permitted

Part 12—Import

167Licence to import explosives

Part 13—Ports

Division 1—Preliminary

168Application

169Notification of explosives on board

170Restriction on entry into ports

Division 2—Berths

171Berths for vessels

Division 3—Handling and transport of explosives in port areas

172Emergency procedures

173Vessel operations and handling and transport of explosives to proceed with due care

174Compatibility and mixed stowage

Part 14—Licences

Division 1—Applications for licences

Subdivision 1—General provisions

175Applying for a licence

176Refusal to issue or renew a licence

177Refusal of licence—unsuitable applicant

178Competency standards for licences

Subdivision 2—Licence to manufacture explosives

179Additional information to be supplied

Subdivision 3—Explosives driver licence

180Additional information to be provided in an application for an explosives driver licence

181Driver licence evidence

182Required competency evidence

183Medical fitness evidence

184Refusal of an explosives driver licence—unsuitable applicant

Subdivision 4—Explosives vehicle licences

185Meaning of vehicle

186Application for an explosives vehicle licence for a road vehicle

187Inspections of vehicles

188Refusal of explosives vehicle licence—risk too great

Subdivision 5—Licence for pyrotechnicians

189Refusal of licence for pyrotechnician—unsuitable applicant

Subdivision 6—Blasting explosives licence

190Refusal of blasting explosives licence—unsuitable applicant

Division 2—Other provisions about licences

Subdivision 1—General provisions

191When licences start and end

192Licence conditions, limitations and restrictions

193Additional authorisations for licences

194Licence document

195Replacement licence document

196Duty to ensure persons observe licence conditions

197Change of circumstances of licensee

Subdivision 2—Licence to manufacture explosives

198Requirements before modifications to licensed premises permitted

Subdivision 3—Explosives driver licence

199Licence conditions of explosives driver licence

200Additional licence conditions of explosives driver licence

Subdivision 4—Explosives vehicle licence

201Licence conditions of explosives vehicles licence

202Disposal and transfer of licensed vehicles

Subdivision 5—Blasting explosives licence

203Endorsing licence to allow manufacture of ANFO

Division 3—Security requirements

204Prescribed particulars for security plans

205Proof of identity and consent required

206Security requirements to be satisfied before person can hold a licence

207Duty to review and revise security plan

208Security assessments

209Security requirements to be satisfied before persons allowed unsupervised access to explosives

210Transporting small quantities of explosives on behalf of licensees

Division 4—Renewal of licence

211General requirements for licence renewals

212Renewal of explosives driver licence

Division 5—Amendment, suspension or revocation of licences

213Grounds for amending, suspending or revoking licence

214Matters that may be taken into account when amending, suspending or revoking licences

215Grounds for amending, suspending or revoking an explosives driver licence

216Grounds for amending, suspending or revoking an explosives vehicle licence

Part 15—Review of decisions

217What is a reviewable decision?

218Who is an eligible person?

219Application for internal review

220Process for new decisions to be started within 7 days

221Notice of reviewable decision must contain a copy of this Part

Part 16—Fees

Division 1—Preliminary

222Issue of a duplicate licence

223Issue of a transfer of a licence

224Renewal of licences

225Amendment of a licence

226Fees non-refundable

227Fees for multiple authorisations on a single licence

Division 2—Fees for licences

228Manufacture of explosives

229Storage of explosives

230Sale and import of explosives

231Transport of explosives

232Blasting explosives licence

233Licence for pyrotechnician

234Additional fee for security assessments and searches

Division 3—Other fees

235Authorisation and classification of explosives

236Determination of applications for exemptions

Part 17—Savings and transitional provisions

237Applications for licences not yet determined

Schedule 1—Matters to be included in safety management system

Schedule 2—Particulars for security plans required by the Authority

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Dangerous Goods (Explosives) Regulations 2022

S.R. No. 41/2022

Version incorporating amendments as at

5 July 2023

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 provision

These Regulations are made under section 52 of the Dangerous Goods Act1985.

3Commencement

These Regulations come into operation on 18 June 2022.

4Revocation

The Dangerous Goods (Explosives) Interim Regulations 2021[1] are revoked.

5Definitions

(1)In these Regulations—

ammonium nitrate explosive mixture means an explosive mixture (which may include a compatible dye or sensitising agent) of—

(a)an oxidising agent (being ammonium nitrate or an ammonium nitrate-based gel, emulsion or suspension); and

(b)a fuel component (being a combustible granular solid or a clean oil which has a closed-cup flash point of 60°C or higher);

ANFO means an explosive mixture consisting of ammonium nitrate and fuel oil that has a flash point of 60°C or higher with or without a compatible dye;

AS 2187 means AS 2187 Explosives—Storage, transport and use and, for the purposes of these Regulations, comprising of the following—

(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;

Assessing Fitness to Drive Medical Standards means the "Assessing Fitness to Drive for commercial and private vehicle drivers, 2016, Medical standards for licensing and clinical management guidelines", published by Austroads Ltd, 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 meaning given by 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 be tied up;

blast holemeans a hole made for the purpose of placing in position explosives that are to be fired;

blasting explosive means an explosive that—

(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.

blasting explosives licence means a licence to use blasting explosives required by regulation 126;

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 an explosive 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 (containing dangerous goods) to which it is attached, means a label, within the meaning of the ADG Code, that 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 that—

(a)follows the Hazard Division number in the Classification Code of an explosive; and

(b)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 that contains minute quantities of a pyrotechnic substance; or

Examples

A toy pistol cap, a party popper, a snap for a bon‑bon cracker.

(b)a sparkler; or

(c)a model rocket motor (containing no more than 62·5 g of propellant); or

(d)any other firework that is registered, defined and classified 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 that 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, a landing flare, a highway fusee, a line-carrying rocket, an anti-hail rocket, a cloud rocket, an avalanche rocket and a smoke generator.

driver licence means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle;

equivalent legislation means legislation in another Australian jurisdiction relating to the manufacture, import, storage, sale, transport, use or disposal 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 60°C 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 driver licence means a licence to drive a road vehicle transporting explosives required by regulation 109;

explosives vehicle licence means a licence for a road vehicle to transport explosives required by regulation 109;

factory means any building, part of a building or land used or intended to be used for (or occupied for or in connection with)—

(a)the manufacture of any explosive; or

(b)any purpose incidental to or associated with that manufacture;

firearms licence means a licence under the Firearms Act 1996 that allows a person to possess, carry or use a firearm, other than a licence for a licensed firearms dealer;

firework means a pyrotechnic device (other than a distress signal) containing an explosive composition that, on functioning, burns or explodes to produce a visual or sound effect;

firing, in relation to explosives, includes the act of initiating or attempting to initiate 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[2];

Hazard Division means, if 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 that 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;

licence to import explosives means a licence required by regulation 167;

licence to manufacture explosives means a licence required by regulation 37;

licence to sell explosives means a licence required by regulation 99;

licence to store explosives means a licence required by regulation 62;

licence to transport explosives by rail means a licence required by regulation 110;

licence to use fireworks means a licence required by regulation 142;

licensed firearms dealer has the same meaning as in the Firearms Act 1996;

mark includes a label;

misfire means a charge or part of a charge that, on firing, fails to function as intended;

mobile processing unit or MPU 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;

net explosive quantity or NEQ means the mass of explosive substances contained in an explosive;

package, in relation to goods, means the complete product of the packing of the goods for transport, consisting of the goods and their packaging;

packaging means one or more receptacles and any other components or materials necessary for the receptacles to store or carry explosives;

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 a metal or plastic cap containing a small amount of 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, including such explosives belonging to Classification Codes 1.1C, 1.1D, 1.3C and 1.4C;

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 that 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 any hazard or risk concerned eventuating; and

(b)the degree of harm to persons or property that would result if any hazard or risk concerned eventuated; and

(c)what the person concerned knows, or ought to know, about any 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 any hazard or risk; and

(e)the cost of eliminating or reducing any 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 83 in regulation 83;

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;

road vehicle means any means of transport by land and includes a trailer and a semi-trailer, but does not include a vehicle consisting of a unit or units of rolling stock;

safety cartridge means a cartridge, of Classification Code 1.4S, for a weapon and includes any cartridge ammunition;

safety management system means a safety management system established and implemented under regulation 38;

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 blasting explosives licence;

sky rocket means a firework within a casing (with an attachment to stabilise flight) that contains a pyrotechnic substance which, on initiation, produces a jet of flame to propel the rocket into the air;

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;

unauthorised explosive means an explosive other than an authorised explosive;

UN number has the same meaning as in the ADG Code;

use, in relation to explosives, includes the preparation, handling, charging, discharging, firing and disposal 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 facility, 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 service, 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 or emergency systems, equipment or 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 aircraft or vessels.

(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

For the purposes of these Regulations, all detonators of Classification Code 1.4B or 1.4S are taken to be detonators 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 together of explosives of more than one Hazard Division

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 documents

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.

10Date of effect of amendments 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; or

(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 12 months after the date on which 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 to the extent of the inconsistency.

Division 4—Exemptions

13Quarterly returns of stock-lists not required

All explosives are prescribed as 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 provisions from which the 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 provisions.

(3)The information provided for the purposes of subregulation (2)(b) must include information relating to any risk associated with noise.

(4)On receiving an application for an exemption, the Authority may—

(a)grant the exemption in whole or in part; or

(b)refuse to grant the exemption.

(5)The Authority must not grant an exemption under this regulation unless it is satisfied that—

(a)the method explained for the purposes of 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 that which would be achieved by compliance with the provisions; or

(b)the provisions that are to be the subject of the exemption are requirements under these Regulations that are¾

(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 from which the exemption has been granted;

(f)requirements to provide further information to the Authority, if relevant to the exemption and 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 any 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 this regulation 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 provisions of these Regulations to which the exemption relates; and

(d)states when the exemption takes effect; 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 a person to whom the exemption was granted 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 any person or class of persons to whom the exemption was granted—

(i)advising that the Authority proposes to amend, suspend or revoke the exemption; and

(ii)providing written reasons for that proposal; and

(iii)inviting the person to make a submission on the proposal, including a submission on the terms of the proposed amendment (if any); 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 any person or class of persons to whom the exemption was granted 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 ends.

(4)If the Authority decides to revoke an exemption, it must give any person or class of persons to whom the exemption was granted written notice that sets out the date and time from which the revocation takes effect.

(5)If the Authority decides to amend, suspend or revoke an exemption granted under regulation 15, it must publish a notice to this effect in the Government Gazette and on a website maintained by the Authority.

17Refusal of application or request

The Authority must not refuse to grant an exemption on application, or an amendment to an exemption on request, 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 to make a 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

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, on the basis of the information available, it proposes to grant or amend the exemption in part; and;

(ii)providing written reasons for the proposed decision; and

(iii)inviting the person to make a submission to the Authority on the proposed decision; and

(b)considered any submission that is made in response to the notice.

Division 5—Approvals by the Authority

19Approvals by the Authority

(1)On its own initiative or on the application of a person affected by these Regulations, the Authority may approve the following—

(a)possession of unauthorised explosives for the purposes of regulation 21(b);

(b)industrial laboratories for the purposes of regulation 22(2)(a);

(c)research institutions for the purposes of regulation 22(2)(b);

(d)places for the use or modification of explosives for the purposes of regulation 22(2)(c);

(e)maintenance, renovation, repair or reconstruction work for the purposes of regulation 86(3);

(f)transport of explosives of Hazard Division 1.1A for the purposes of regulation 111(1)(b);

(g)transport of explosives by boat for the purposes of regulation 112(2);

(h)transport of explosives by road in or through the Central Business District of Melbourne for the purposes of regulation 119(1);

(i)routes within the Melbourne metropolitan area for the purposes of regulation 121(2)(b);

(j)forms for the purposes of regulation 147(1), (3) and (5)(a);

(k)fireworks for theatrical use for the purposes of regulation 150(1);

(l)firing points of fireworks displays for the purposes of regulation 156(2);

(m)separation distances for the purposes of regulation 156(3);

(n)destruction facilities for the purposes of regulation 166;

(o)tests and training courses for the purposes of regulations 182(2)(b) and (c), 189(2)(b) and (c), 190(2)(b)(ii) and (iii) and 192(1)(d)(iii);

(p)tanks for the purposes of regulation 188(3)(a);

(q)tank designs for the purposes of regulation 216(c).

(2)An application for an approval referred to in subregulation (1) must be made in writing to the Authority.

(3)The Authority may require an applicant, by written notice, to give to the Authority any additional information necessary to consider the application.

(4)The Authority must give written notice of its decision on an application that includes the following—

(a)for an approval—

(i)the period for which the approval applies; and

(ii)any conditions to which the approval is subject;

(b)for a refusal of approval, the reasons for that refusal.

(5)If the Authority approves a matter referred to in subregulation (1) on its own initiative, the Authority must publish notice of the approval on a website maintained by the Authority, unless the approval contains information that is determined by the Authority to be commercially sensitive or otherwise inappropriate to publish.

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.

20Security 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 in respect of consumer fireworks. 

21Unlawful possession of explosives

A person must not possess explosives unless—

(a)in the case of authorised explosives, the person—

(i)is authorised to do so under a licence granted under these Regulations; or

(ii)is not required by these Regulations to hold a licence; or

(b)in the case of unauthorised explosives, the person has the Authority's approval.

22Misuse of explosives prohibited

(1)A person must not use, modify or attempt to use or modify, or assist another person to use, modify or attempt to use or modify, an explosive to produce an explosive effect other than that for which the particular explosive was designed.

(2)Subregulation (1) does not apply to a person who is qualified or experienced in the use or modification 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.

23General fire precautions—ignition sources

(1)A person must not place an ignition source, or allow an ignition source to be placed, at a distance from explosives (except properly packaged safety cartridges) that is insufficient to avoid a fire, explosion or other dangerous incident.

(2)A person must not introduce any ignition source—

(a)within 10 m 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 m 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 complies with the requirements of the AEC.

24Further fire precautions

(1)A person must not keep flammable liquids or gases, combustible liquids or other materials that are capable of being ignited easily and of burning strongly within 3 m of exposed or stored explosives.

(2)Subregulation (1) does not apply in respect of 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.

25Adequate lighting required

A person who uses explosives must ensure that an adequate level of light is provided so that the explosives can be used safely.

26Reporting of injury, property damage and dangerous incidents

(1)This regulation applies if—

(a)explosives are involved in an explosion, fire or other incident that directly or indirectly—

(i)causes injury to a person or creates immediate risk to a person's health or safety; or

(ii)causes property damage; and

(b)any injury or property damage is not due to use of ammunition in a weapon.

(2)The person in control of the explosives 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)In this regulation, person in control of the explosives includes the licensee and the occupier of premises where an incident referred to in subregulation (1) occurs.

27Reporting 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 theft or loss of—

(a)consumer fireworks; or

(b)cartridge ammunition (or primers for that ammunition) for a person's own lawful use.

28Restrictions on people under 18 years of age

(1)A person under 18 years of age must not purchase, store, sell or use any explosives other than consumer fireworks.

(2)Subregulation (1) does not prevent a person under 18 years of age from purchasing or storing for their own lawful use, 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.

29Persons 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 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.

30Placement, visibility and maintenance of signs and notices

A person who is required under these Regulations to display a sign or notice must ensure that—

(a)the sign or notice is positioned 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 that contradicts the sign or notice is displayed nearby.

31Removal of signs and notices

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.

32Explosives 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) do not apply in relation to import or transport of explosives if—

(a)the explosives are imported into Australia in a closed freight container; and

(b)no explosives have been removed from or added to the freight container since its arrival in Australia; and

(c)the 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 from, the premises where they were manufactured, provided that the explosives are in containers that 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 kg 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, provided that regulation 56 is complied with in relation to the containers for the explosives; or

(e)blasting explosives that are manufactured at premises where they are about to be used; or

(f)blasting explosives that are being transported in receptacles by a person for that person's own lawful use and are within the relevant quantity limits specified in Table 32.

Table 32—Blasting explosives for a person's own lawful use

Type of explosives	Quantity
Hazard Division 1.1 (except detonators)	5 kg
Detonators	125 in number
Hazard Division 1.5	25 kg

33Duties 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 referred to in this Part must comply with the requirement.

34Duties 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.

35Application

(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 blasting explosives licence if—

(a)the licence authorises the holder to use ANFO; and

(b)the holder makes no more than 50 kg of ANFO at a time for the holder's own use.

(3)A person who operates a major hazard facility that is licensed or registered under the Occupational Health and Safety Regulations 2017[3] is not required to hold a licence to manufacture explosives, but is to be treated in all other respects as holding 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.

36Definition

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

37Licence to manufacture explosives

(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 to manufacture explosives may specify that explosives may be manufactured at—

(a)a factory; or

(b)a place other than a factory, for the purposes of—

(i)making an explosive mixture at or near a place of use; or

(ii)making an explosive mixture using an MPU; or

(iii)filling and capping safety cartridges for commercial purposes.

(3)Subregulation (1) does not apply to a person who—

(a)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)holds a licence, issued under equivalent legislation by a corresponding Authority, authorising that person to make an explosive mixture using an MPU.

Note

Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.

(4)For the purposes 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.

38Safety management system

(1)A licensee authorised 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 may use it; and

(b)provides a comprehensive and integrated management system for all aspects of safety 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 1 that are relevant to the manufacture of explosives and within the scope of the licence; and

(e)includes an emergency plan addressing the matters specified in Schedule 1; 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 is—

(a)established before the licensee manufactures any explosives; and

(b)reviewed and, if necessary, revised—

(i)when a modification is made; and

(ii)whenever an incident occurs that must be reported under regulation 26 or 27, 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 or registered under the Occupational Health and Safety Regulations 2017 if a 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 to a person who manufactures an explosive mixture at a site using an MPU 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.

39Safety 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 at 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 38(2)(e).

(2)The emergency plan required under regulation 38(2)(e) must be developed in consultation with either Fire Rescue Victoria or the Country Fire Authority (whichever is appropriate).

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.

40Records of modifications to be kept

A licensee must keep up-to-date records of all modifications affecting the operation of a safety management system.

41Authority may require changes to safety management system

(1)The Authority may, in writing, direct a licensee to amend any part of a safety management system that it believes does not comply with this Part.

(2)A licensee must comply with a direction under subregulation (1) within 30 days, or by any later date specified in the direction.

(3)The Authority must not issue a direction under subregulation (1) unless it has—

(a)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)considered any submission that is made in response to the notice.

42Licensees to inform relevant fire authority of licences

(1)A licensee authorised 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 the 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 where—

(i)any explosive; or

(ii)any ingredient or component for the manufacture of explosives that, 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)This regulation does not apply in respect of a licence to manufacture explosives in an MPU.

43Separation distances to be maintained

(1)A licensee authorised 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 each of the following—

(a)any magazine (other than a receptacle);

(b)any building on the same site;

(c)any protected works;

(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—Manufacture of explosive mixtures

44Authorised person

For the purposes of this Division, authorised person means—

(a)a licensee authorised to manufacture an explosive mixture; or

(b)a person authorised by the licensee to control or manage the process of manufacturing an explosive mixture.

45Explosive 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.

46Buildings, structures, appliances and associated equipment for manufacturing explosive mixtures

A licensee authorised 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 complies with the requirements of AS 2187.2.

47Manufacture of explosive mixtures

An authorised person manufacturing an explosive mixture must do so in accordance with AS 2187.2.

48Components or ingredients to be kept in marked containers

A licensee authorised 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.

49Notice 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.

50Other persons to be kept clear

(1)An authorised person manufacturing 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 m 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 request made by an authorised person for the purpose of subregulation (1).

51Other 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 m away from the point where the explosive mixture is being manufactured.

52Fire precautions to be observed

(1)A licensee authorised to manufacture an explosive mixture must comply with the requirements of AS 2187.2 that relate to fire precautions.

(2)For the purposes of subregulation (1), a reference in AS 2187.2 to "close proximity" means less than 10 m.

53Disposal 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.

54Equipment to be cleaned after use

An authorised person manufacturing an explosive mixture must ensure that, when the process of manufacturing the explosive mixture is complete, all mixing appliances, receptacles and other equipment or 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.

55Precautions to be taken before undertaking repairs or alterations

A licensee authorised 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.

56Storage of unused explosive mixtures

A licensee authorised 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.

57Location 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.

58Authorised 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 and cartridge ammunition

59Requirements for the manufacture of safety cartridges and cartridge ammunition

(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 a room being used for the manufacturing process is isolated from the process 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 that 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 complete, 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.

60Application

(1)This Part does not apply to the storage of cartridge ammunition by a licensed firearms dealer.

(2)A person who operates a major hazard facility that is licensed or registered 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 holding 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 the requirements of Division 2, the requirements of Division 2 prevail to the extent of the inconsistency.

61Persons storing explosives to comply with requirements

A person who stores explosives must do so in accordance with the requirements of this Part.

62Licence to store explosives

(1)A person who stores explosives, or allows explosives to be stored, at any premises occupied by that person must hold 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)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 83 in regulation 83; or

(iii)distress signals in a quantity not more than that specified in Column 2 of Table 83 in regulation 83; or

(iv)industrial safety cartridges in a quantity not more than that specified in Column 2 of Table 83 in regulation 83;

(b)a person who holds a blasting explosives licence, 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 83 in regulation 83;

(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 83 in regulation 83;

(d)a pyrotechnician, if—

(i)the pyrotechnician 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 83 in regulation 83; or

(ii)the fireworks specified in the licence are stored in accordance with the requirements set out in Division 5 of this Part and for not more than 7 days;

(e)a person who is only storing safety cartridges, primers or propellant in quantities not more than that specified in Column 2 of Table 83 in regulation 83.

Note

This regulation does not exempt licensees from any other requirements of this Part.

Division 2—Provisions applying to all storage

63Explosives to be in compliant packaging

A person who stores explosives must ensure that the explosives are stored in packaging that complies with the AEC or, if that is not reasonably practicable, in other substantial packaging that will prevent any escape of the contents.

64Explosives to be kept secure

(1)A person who stores explosives must ensure that the explosives are—

(a)kept in a secure building or locked container, separate from buildings in which persons live; and

(b)only accessed for purposes relating to their use or management.

(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 use or management of the explosives.

(3)Subregulation (1) does not apply in respect of the storage of—

(a)consumer fireworks; or

(b)cartridge ammunition by a person who holds a firearms licence; or

(c)industrial safety cartridges.

(4)Subregulation (1)(a) does not apply in respect of the storage of distress signals.

65Persons 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.

66Damaged 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 162 and with regard to—

(a)any supplier's instructions (if provided); and

(b)any operational procedures for that storage and for the type and condition of explosives in that storage.

67Explosives 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.

68Storage 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 74; and

(ii)a building in accordance with regulation 64(1); 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 in respect of—

(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.

69No storage of detonators with other explosives

A person who stores detonators—

(a)must not store them 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; or

(ii)any other receptacle containing explosives.

70Storage 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.

71Requirements for construction and maintenance of receptacles

A receptacle used for the storage of explosives must be constructed and maintained in accordance with the following requirements—

(a)the construction of the receptacle must be sturdy;

(b)the receptacle must have a close-fitting closure;

(c)the inner part 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.

72Markings 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 mm² 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.

73Markings 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.

74Separation 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.

75Explosives 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.

205Proof of identity and consent required

(1)For the purposes of section 21A(3)(b) of the Act (as it is applied to explosives by section 21A(4) of the Act), an applicant for a licence that is a body corporate must give the Authority written notice of the names and contact details of all directors and persons concerned in the management of the body corporate, including one or more who are to be the contact person or persons for dealings with the Authority.

Note

Under section 21A(3)(b)(ii) and (iii) of the Act, the Authority may require directors and persons concerned in the management of the body corporate to provide specified proof of identity and to provide consent and sufficient information for the Authority to obtain known information concerning the director or person to determine whether they have satisfied the prescribed requirements. The prescribed requirements are set out in regulation 200.

(2)For the purposes of section 21A(3)(c) of the Act (as it is applied to explosives by section 21A(4) of the Act), an applicant for a licence must give the Authority written notice of the names and contact details of all persons who are to be responsible for the security of the explosives under the licence.

Note

Under section 21A(3)(c) of the Act, the Authority may require any person who is to be responsible for the security of the explosives under the licence to provide consent and sufficient information for the Authority to obtain known information concerning the person to determine whether the person has satisfied the prescribed requirements. The prescribed requirements are set out in regulation 206.

206Security requirements to be satisfied before person can hold a licence

(1)For the purposes of section 21A(3)(e) of the Act, the prescribed requirements are—

(a)a security assessment has been received about the person that is not an adverse security assessment within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; and

(b)a search of other known information about the person has been made and the Authority is satisfied that the person has not been convicted or found guilty of, and does not have a charge pending for, an offence relating to an act of violence, weapons, terrorism, damage to property, illegal drugs or dishonesty within the last 10 years that in the opinion of the Authority would pose a security risk in relation to that person.

(2)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[5]; 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.

207Duty to review and revise security plan

(1)If the Authority requires a licensee to provide a security plan, the licensee must ensure that the security plan—

(a)is reviewed; and

(b)is revised when required by subregulation (2).

(2)A licensee must revise a security plan if it becomes aware, or ought reasonably to become aware, that the security plan no longer complies with Schedule 2.

(3)On request, the security plan must be made available to an inspector or a police officer.

208Security assessments

The Australian Security Intelligence Organisation is a prescribed body for the purposes of paragraph (c) of the definition of known information in section 21A(6) of the Act.

209Security requirements to be satisfied before persons allowed unsupervised access to explosives

(1)A licensee must not permit a person to have unsupervised access to explosives unless—

(a)the person holds a licence under these Regulations; or

(b)the person holds any licence or permit under the Dangerous Goods (HCDG) Regulations 2016; or

(c)the person holds a licence or other authorisation corresponding to a licence under these Regulations; or

(d)the person holds a licence or other authorisation corresponding to that referred to in paragraph (b) under legislation relating to HCDG in another Australian jurisdiction; or

(e)in the case of propellant, the person holds a firearms licence; or

(f)the requirements of subregulation (2) have been met.

Note

Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.

(2)A licensee may permit a person other than a person referred to in subregulation (1)(a) to (e) to have unsupervised access to explosives if the person has satisfied the same security requirements as those specified in regulation 206 in relation to an applicant for a licence.

(3)For the purposes of subregulation (2), a licensee—

(a)may nominate a person to whom the licensee intends to provide unsupervised access to explosives; and

(b)may request the Authority to obtain a security assessment concerning the person and known information concerning the person to determine whether the person is suitable to have unsupervised access to explosives.

(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 234(2) and (3).

(5)The Authority must advise the licensee and the nominated person in writing—

(a)whether the security assessment received about the person is or is not an adverse security assessment; and

(b)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 in respect of—

(a)consumer fireworks; or

(b)distress signals; or

(c)industrial safety cartridges; or

(d)cartridge ammunition or primers for that ammunition.

210Transporting 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 108B in regulation 108 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

211General requirements for licence renewals

(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 purposes of enabling the Authority to assess whether a licence should be renewed, the applicant for renewal must comply with the following requirements of Division 3 of this Part as if the application for renewal of a licence were an application for the issue of a licence—

(a)in the case of a natural person—

(i)regulation 205(2); and

(ii)regulation 206; and

(iii)regulation 209(3) to (5);

(b)in the case of a body corporate—

(i)regulation 205; and

(ii)regulation 206; and

(iii)regulation 209(3) to (5).

(4)A person satisfies the requirements of regulation 206(1) as applied by subregulation (3) 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.

212Renewal of explosives driver licence

An application for the renewal of an explosives driver licence must include the following information (if applicable)—

(a)the information required by regulation 175; and

(b)the driver licence evidence required by regulation 181; and

(c)the competency evidence required by regulation 182; and

(d)the medical fitness evidence required by regulation 183.

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.

213Grounds for amending, suspending or revoking licence

(1)A 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; or

(b)the licensee (and, in the case of a body corporate, any officer of the licensee) has been found guilty of an offence under—

(i)any occupational health and safety or dangerous goods legislation of any Australian jurisdiction; or

(ii)in the case of an explosives driver licence 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—

(i)any occupational health and safety or dangerous goods legislation of any Australian jurisdiction; or

(ii)in the case of an explosives driver licence 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 disability that affects the person's suitability or capacity to hold a licence; 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 contravened any of the conditions, limitations or restrictions of the licence; or

(g)the licensee—

(i)in the application for the licence or the renewal of the licence, provided 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 206; 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.

214Matters that may be taken into account when amending, suspending or revoking licences

For the purposes of regulation 213, the Authority may have regard to any matter that it considers to be relevant, including—

(a)whether the licensee has had any other licence or registration suspended or revoked by the Authority under the Act or these Regulations since the licence was issued or last renewed; 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.

215Grounds for amending, suspending or revoking an explosives driver licence

An explosives driver licence may be amended, suspended or revoked if the licensee's driver licence has been revoked.

216Grounds for amending, suspending or revoking an explosives vehicle licence

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 licensee of a road vehicle used in transporting explosives; or

(c)the licence was issued on the basis of a tank design approved by the Authority 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

217What is a reviewable decision?

For the purposes of section 20(1A) of the Act, a decision made by the Authority under any of the following provisions is a reviewable decision—

(a)regulation 14(4)—for a decision to grant or refuse to grant an exemption;

(b)regulation 14(7)—for a decision to impose a condition on an exemption;

(c)regulation 16(1)—for a decision to amend, suspend or revoke an exemption;

(d)regulation 19(1)—for a decision to approve or refuse to approve a matter;

(e)regulation 41(1)—for a decision to direct a licensee to amend a safety management system;

(f)regulation 107(2)—for a decision to authorise or refuse to authorise a purchase of a greater amount of explosives;

(g)regulation 178(2)—for a decision to make a determination relating to a certificate.

218Who is an eligible person?

For the purposes of section 20(1A) of the Act, a person whose interests are affected by a reviewable decision set out in regulation 217 is an eligible person.

219Application 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 217.

(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)any longer period that 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 and 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.

220Process for new decisions to be started within 7 days

If the Authority sets a decision aside under regulation 219(3)(b), it must start the process to remake the decision within 7 days after it sets the decision aside.

221Notice of reviewable decision must contain a copy of this Part

The Authority must ensure that any written notice of a decision set out in regulation 217 that it is required to provide to an eligible person includes a copy of this Part (other than this regulation).

PART 16—FEES

Division 1—Preliminary

222Issue of a duplicate licence

The fee for a duplicate licence is 3·27 fee units.

223Issue of a transfer of a licence

For the purposes of section 26 of the Act, the prescribed transfer fee is 3·27 fee units.

224Renewal of licences

The fee for the renewal of a licence is the same as the fee for the issue of the licence.

225Amendment 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 227 for calculating fees if one or more authorisations are added to a licence.

226Fees 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.

227Fees 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

Assuming the fee for a licence authorising storage of explosives is $500 and a licence authorising sale is $62.50. If both licences are sought, the total fee is $521.88, being $500 for the licence authorising storage plus 35% of the fee for a licence authorising sale ($62.50).

Division 2—Fees for licences

228Manufacture of explosives

(1)The fee for the issue of a licence authorising a person to manufacture explosives at a factory is 327·01 fee units for each factory licensed.

(2)If, under regulation 37(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 20·44 fee units 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, MPUs are covered under this subregulation.

229Storage of explosives

(1)The fee for the issue of a licence authorising a person to store explosives in medium scale storage is 16·35 fee units.

(2)The fee for the issue of a licence authorising storage above prescribed quantities as defined in regulation 89(3) is 32·7 fee units.

230Sale and import of explosives

The fee for the issue of a licence authorising a person—

(a)to sell explosives is 4·09 fee units; or

(b)to import but not to sell explosives is 4·09 fee units.

Note

The fee for a licence authorising a person to import and sell explosives is calculated under regulation 227. Assuming the fee for a licence authorising a person to import or sell explosives is $62.50, the fee to both import and sell explosives would be calculated as $62.50 plus 35% of $62.50, totalling $84.38.

231Transport of explosives

(1)The fee for the issue of an explosives vehicle licence for a road vehicle is 4·09 fee units for each vehicle licensed.

(2)The fee for the issue of a licence to transport explosives by rail is 32·70 fee units.

(3)The fee for the issue of an explosives driver licence is 4·09 fee units.

232Blasting explosives licence

(1)The fee for the issue of a new blasting explosives licence is 4·09 fee units.

(2)The fee for the renewal of a blasting explosives licence is 4·09 fee units if it is not necessary for the applicant to undergo an examination.

233Licence for pyrotechnician

The fee for the issue of a licence to use fireworks is—

(a)4·09 fee units if it is not necessary to assess the practical experience of the applicant or for the applicant to undergo an examination; or

(b)8·18 fee units if it is necessary to assess the practical experience of the applicant; or

(c)19·62 fee units if it is necessary for the applicant to undergo an examination.

234Additional 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 make a search of other known information in relation to—

(a)the applicant; and

(b)each person who has consented under regulation 205 or 209 to the Authority obtaining known information about that person.

(2)The fee for a security assessment is 1·31 fee units.

(3)The fee for a search of any other known information about a person is 2·62 fee units.

Division 3—Other fees

235Authorisation 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 9·81 fee units.

(2)The fee to conduct tests for the classification of an explosive under section 54 of the Act is 9·81 fee units.

236Determination of applications for exemptions

The fee to accompany an application for an exemption from these Regulations is 19·62 fee units.

PART 17—SAVINGS AND TRANSITIONAL PROVISIONS

237Applications for licences not yet determined

(1)On and after the commencement day, an application for a licence or renewal of a licence made under the former Regulations that has not been determined is taken to be an application for the corresponding licence or renewal of a licence under these Regulations and may be determined in accordance with these Regulations.

(2)In this regulation—

commencement day means the day on which these Regulations come into operation;

former Regulations

means the Dangerous Goods (Explosives) Interim Regulations 2021.

SCHEDULE 1—MATTERS TO BE INCLUDED IN SAFETY MANAGEMENT SYSTEM

Regulation 38

1Safety policy and safety objectives

(1)A description of the means by which the licensee'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)ongoing hazard identification, risk assessment and risk control (including review of procedures for those matters);

(b)supervision of employees, visitors and contractors in areas containing explosives;

(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 and procedures;

(j)testing of trips, alarms and other protection systems;

(k)sampling and product testing;

(l)emergency planning, including—

(i)evacuation planning; and

(ii)appropriate firefighting controls; and

(iii)consequence minimisation steps (including control of spills and appropriate off-site responses);

(m)transport, storage and use of explosives;

(n)handling of materials;

(o)inventory and quality control of raw materials, intermediates and finished products;

(p)explosives and personnel limits in buildings or other locations;

(q)responding to 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 such that the ability of the licensee 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 response to 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 methodology, frequency and results of the audit process.

SCHEDULE 2—PARTICULARS FOR SECURITY PLANS REQUIRED BY THE AUTHORITY

Regulations 204 and 207

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 (including the 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 licensee authorised 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 by road or rail are—

(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—

(i)at the dispatch and receipt of explosives; and

(ii)at any time when containers need to be opened before they reach their destination.

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Dangerous Goods (Explosives) Regulations 2022, S.R. No. 41/2022 were made on 7 June 2022 by the Lieutenant‑Governor as the Governor's deputy, with the advice of the Executive Council, under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 18 June 2022: regulation 3.

The Dangerous Goods (Explosives) Regulations 2022 will sunset 10 years after the day of making on 7 June 2032 (see section 5 of the Subordinate Legislation Act 1994).

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

This publication incorporates amendments made to the Dangerous Goods (Explosives) Regulations 2022 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Dangerous Goods (Explosives) Amendment Regulations 2023, S.R. No. 69/2023

Date of Making:	4.7.23
Date of Commencement:	5.7.23: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Reg. 4: S.R. No. 56/2021.

[2] Reg. 5(1) def. of freight container: S.R. No. 155/2018 as amended by S.R. No. 27/2021.

[3] Reg. 35(3): S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020, 8/2021, 88/2021, 112/2021 and 137/2021.

[4] Reg. 123(b): S.R. No. 116/2021.

[5] Reg. 206(2)(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 2023 is $15.90. 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.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 41/2022 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
Regulation 5 (definition of AS 2187)	Australian Standard 2187, Explosives—Storage, transport and use, published by Standards Australia, as amended from time to time	The whole
Regulation 5 (definitions of 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 2187) and regulations 43, 57, 84, 90 and 92–95	Australian Standard 2187.1, Explosives—Storage, transport and use—Part 1: Storage, published by Standards Australia, as amended from time to time	The whole
Regulation 5 (definition of AS 2187) and regulations 46, 47, 52, 129–131, 136 and 162	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
Regulation 5 (definition of AS 2187) and regulations 151, 155, 157, 159, 160 and 162	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

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 (definition of AS 3846) and regulations 169–174	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
Regulation 5 (definition of Assessing Fitness to Drive Medical Standards) and regulations 183 and 200	Assessing Fitness to Drive for commercial and private vehicle drivers, 2016, Medical standards for licensing and clinical management guidelines, published by Austroads Ltd, as amended from time to time	The whole
Regulation 5 (definitions of Australian Explosives Code or AEC, Class, Classification Code, Hazard Division) and regulations 8, 9, 11, 23, 32, 33, 43, 63, 100, 109, 113–116, 174 and 188	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
Regulation 5 (definitions of 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