Dangerous Goods (General) Regulation 1999 (NSW)
This Regulation is the Dangerous Goods (General) Regulation 1999.
This Regulation commences on 1 September 1999.
This Regulation does not apply to:
(a) the transport of dangerous goods by road or rail, or
(b) any associated activity or matter,
to the extent to which it is regulated by the Road and Rail Transport (Dangerous Goods) Act 1997 or any regulations under that Act.
Expressions used in this Regulation that are defined in the Dictionary at the end of this Regulation have the meanings set out in the Dictionary.
A reference in this Regulation to the abbreviation “AS” followed by a group of numerals or letters, or numerals and letters, is a reference to the Australian Standard, indicated by that group, recommended or adopted by Standards Australia.
To the extent of any inconsistency between a specific requirement in an Australian Standard applied or adopted by this Regulation (Part 11 excepted) and a general requirement in this Regulation, the specific requirement prevails.
A reference in this Regulation to a publication is a reference to the publication as in force from time to time.
A reference in this Regulation:
(a) to a licence or permit is a reference to a licence or permit, respectively, that is in force, and
(b) to a distance is a reference to that distance measured in a straight line in a horizontal plane, and
(c) to a licence for a licensed depot is a reference to the licence for the premises in or on which the depot is situated, and
(d) to the kind or quantity of dangerous goods that a depot is licensed to contain is a reference to the kind and maximum quantity, respectively, of dangerous goods that may lawfully be kept in the depot (including any annexe to it), and
(e) to the licensed capacity of a transport container vehicle or vessel is a reference to the maximum quantity of dangerous goods that may lawfully be carried in or on the transport container vehicle or vessel, as specified in the licence for the transport container, and
(f) to a depot for cryogenic liquid includes a reference to all pressure regulators, safety devices, vaporisers, manifolds, pipelines or other equipment provided in connection with the depot, but does not include a reference to any equipment for the conveyance or other handling of the goods kept in the depot beyond the point at which they enter a pipeline at service pressure.
For the purposes of this Regulation:
(a) a substance or article is away from another substance or article if:
(i) the substances or articles are so situated in relation to each other that, in such circumstances as can reasonably be foreseen, neither can come into contact with the other, and
(ii) there is between them a distance of at least 5 metres or a liquid-tight wall being, or that with respect to security is equivalent to, a brick wall at least as high as the higher of the substances or articles, and
(b) a substance or article is separated from another substance or article if the substances or articles are sufficiently distant one from the other that they will not react chemically with each other, and are, in any case, at least one metre apart, and
(c) dangerous or other goods are incompatible with dangerous goods if, when the goods are mixed or otherwise brought into contact with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction, and
(d) a substance or article is in immediate use if it is:
(i) in actual use in a process of manufacture, mixing, blending, degreasing, cleaning, painting or testing, or
(ii) being placed in vats, mixers or other containers in the course of any such process, or
(iii) being conveyed within a depot or a factory area, or
(iv) not kept in or on any premises for more than 12 hours,
and a substance or article, other than an explosive, is manufactured for immediate use if it is manufactured with the intention that, immediately after it is manufactured, it will be in immediate use, and
(e) an explosive is manufactured for immediate use if, after its manufacture, it is:
(i) kept in or on the premises where it was manufactured for less than 12 hours before it is placed in its position of final use, and
(ii) used, as soon as practicable, after being placed in its position of final use, and
(f) explosive devices explode en masse if the explosion of one such device in a package of such devices would cause the other devices in the package to explode simultaneously or almost simultaneously, and
(g) a substance or article belongs to the same compatibility group as another substance or article if the substances or articles are contained in the same compatibility group as referred to in Column 3 of Table 9.1 to the Australian Explosives Code.
If a provision of this Regulation applies or adopts a provision of the ADG Code or the Australian Explosives Code, any requirement made in the provision of the ADG Code or the Australian Explosives Code is taken to be made in the provision of this Regulation.
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
(Repealed)
An application for a licence, for the renewal or transfer of a licence or for the alteration of the particulars set out in a licence must:
(a) be made in a manner approved by the WorkCover Authority, and
(b) be accompanied by any drawings, specifications, calculations and other documents required by the Authority.
The WorkCover Authority may require an applicant to furnish any other drawings, specifications, calculations or documents additional to those accompanying the application.
If the control of a licensed transport container or licensed premises is transferred (by way of sale or lease or otherwise), the person who held the licence concerned immediately before the transfer must, within 7 days after the transfer, notify the WorkCover Authority.
The notification must be in writing and must specify the date on which the transfer was effected and the name and address of the transferee.
The address of a transferee is, in the case of a corporation, the address of its registered office or its principal place of business.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The WorkCover Authority may, by order published in the Gazette, determine the fee payable in respect of the issue or renewal of licences.
The Interpretation Act 1987 applies to an order under this clause as if the order were a statutory rule within the meaning of that Act. Accordingly, the order is subject to disallowance by either House of Parliament.
An application for the issue or renewal of a licence must be accompanied by the fee (if any) determined for the time being by the WorkCover Authority under this clause.
In this Division,
An application for a permit or for the alteration of the particulars set out in a permit must be made in a manner approved by the WorkCover Authority.
If there is any change in the particulars set out in the application for the issue or transfer (or, if there has been more than one transfer, the last transfer) of a licence or permit, the holder:
(a) must as soon as practicable notify the WorkCover Authority, in writing, of the change, and
(b) must apply to the Authority for an appropriate amendment of the licence or permit if, as a result of the change, any of the particulars set out in it are no longer appropriate.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The WorkCover Authority may, on being satisfied that a licence or permit has been lost, stolen, destroyed or defaced, issue a substitute to the holder.
The substitute licence or permit is to be in same terms as, and has the same force and effect as, the one it replaces.
The following substances and articles are prescribed as dangerous goods for the purposes of the Act:
(a) dangerous goods of Class 1,
(b) the substances and articles that are dangerous goods within the meaning of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations,
(c) combustible liquids,
(d) any mixture containing a chlorate in admixture with an ammonium salt,
(e) any mixture of hydrogen and oxygen in the concentration range of 2 per cent to 97 per cent inclusive, volume to volume, of hydrogen in oxygen,
(f) any flammable mixture of hydrogen, oxygen and any other gas or gases,
(g) goods that are too dangerous to be transported, that is:
(i) goods mentioned in Appendix 5 to the ADG Code, or
(ii) goods determined under regulation 1.18 (g) of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations to be too dangerous to be transported,
(h) liquid oxygen explosives.
In this Regulation:
(a) a reference to a class (designated by a number, a number followed by an upper-case letter or an upper-case letter followed by a number) of dangerous goods is:
(i) if the class is Class 1—a reference to the class of goods so designated in Column 3 of Table 9.1 to the Australian Explosives Code, and
(ii) if the class is Class C1 or Class C2—a reference to combustible liquids of Class C1 or Class C2, respectively, as set out in AS 1940 (The storage and handling of flammable and combustible liquids), and
(iii) in any other case—a reference to the class of goods so designated in the list in Appendix 2 to the ADG Code, and
(b) a reference to a Packing Group, designated by a numeral, of dangerous goods is a reference to the group of dangerous goods assigned to that group under regulation 2.5 of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations, and
(c) a reference to dangerous goods of a subsidiary risk, designated by a numeral, is a reference to the dangerous goods assigned that number under regulation 2.4 of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations, and
(d) a reference in any provision to a substance or article by means of the designation “UN Number” or “UN No” followed by a group of numerals is a reference to the substance or article designated by that group of numerals in the UN Recommendations.
For the purposes of this Regulation, ammonium nitrate, liquid (hot concentrated solution) (UN No 2426), being dangerous goods of Class 5.1, is to be taken to be dangerous goods of Class 5.1 Packing Group II.
The following fees are payable to the WorkCover Authority for the examination and testing of dangerous goods and equipment used or intended for use in connection with dangerous goods:
(a) for the examination and testing of an explosive at the request of its owner, importer or consignee, except if the examination or testing is with a view to the declaration of the explosive as an authorised explosive under section 16 (1) of the Act:
(i) if physical examination or a heat test is to be performed—$3, or
(ii) if chemical analysis is to be performed—$45,
(b) for a test of fixed foam protection on a tank for dangerous goods of Class 3, being a test to prove initial compliance with this Regulation—$45.
No further fee is payable by a person for an examination or test referred to in subclause (1) (a) if the person has already paid fees totalling $3,000 for such examinations and tests during that financial year.
A fee is not payable if payment has been waived by the Minister.
This clause applies to the following persons:
(a) the holders of licences issued under section 8, 10 or 19 of the Act in respect of premises in or on which dangerous goods are kept or transport containers in which they are carried,
(b) the occupiers of premises in or on which dangerous goods are kept,
(c) the owners of transport containers used for the carriage of dangerous goods of Class 1,
(d) the employers of persons engaged in the keeping or conveyance of dangerous goods.
A person to whom this clause applies must take all practicable steps to ensure that every person subject to his or her direction and control and engaged in the handling of the dangerous goods is:
(a) adequately instructed as to the hazards involved in the handling of those goods and precautions to be observed in relation to those goods, and
(b) competent to operate all safety equipment, including vehicles, pumps, fire protection equipment and breathing apparatus, provided under this Regulation in connection with the keeping, conveyance or handling of those goods.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
This clause applies to the following persons:
(a) the holders of licences issued under section 8 or 19 of the Act in respect of premises,
(b) the occupiers of premises in or on which dangerous goods are kept or explosives are manufactured,
(c) the employers of persons in or on premises referred to in paragraph (a) or (b),
(d) the persons employed in or on such premises.
A person to whom this clause applies must:
(a) take all practicable precautions to prevent the occurrence on the premises of accidents through fire, explosion, leakage of dangerous goods or other causes, and
(b) take all practicable precautions to prevent persons from entering, except with the permission of the holder of the licence or the occupier of the premises, the premises and any depot or building in or on the premises, and from having access, except with that permission, to any dangerous goods in or on the premises, and
(c) not do any act in or on the premises that may cause fire, explosion or any other dangerous occurrence, or that is not reasonably necessary for purposes of, or properly incidental to, the keeping or manufacture of dangerous goods, and
(d) if dangerous goods are escaping or have escaped from a package or bulk container in or on the premises, immediately take all practicable steps to contain, clean up and dispose of the goods and otherwise make the area safe.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The holder of a licence issued under section 8 of the Act for the keeping of dangerous goods, other than explosives, in or on premises must make and keep, in a book or in some other suitable form, a record of:
(a) the name of every person to whom, and
(b) the address to which, and
(c) the date on which,
any dangerous goods are consigned or delivered from those premises, together with the description and quantity of the goods.
Subclause (1) does not apply to:
(a) the consignment or delivery of dangerous goods of any class in a quantity less than the quantity prescribed under section 9 (1) of the Act in relation to goods of that class, or
(b) the delivery of goods into the fuel tank of a vehicle or vessel.
The licensee must keep a record made under subclause (1) readily available at the premises for 2 years after the date on which it is made.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
In this clause,
(a) an explosion or fire, or
(b) an occurrence resulting in the death of or serious injury to a person or in substantial damage to property, or
(c) any other occurrence involving imminent risk of an explosion or fire or of any such death, injury or damage.
If there is a dangerous occurrence:
(a) in or on licensed premises, or
(b) in, on or in connection with a licensed transport container, or
(c) in the course of the keeping, conveyance or use of any display fireworks received under the authority of a single occasion fireworks permit or pyrotechnicians permit,
the holder of the licence or permit must immediately send or cause to be sent to the WorkCover Authority a notice in writing giving full particulars of the occurrence including, if it has resulted in the death of or serious injury to a person or substantial damage to property, particulars of that death, injury or damage.
If there is a dangerous occurrence in or on licensed premises or in, on or in connection with a licensed transport container:
(a) the premises or transport container must not be used for the keeping, manufacture or carriage of dangerous goods, and
(b) any building, structure or other installation in or on the premises and any transport container must not, if it has been substantially damaged as a result of the occurrence, be reconstructed or repaired,
except with the permission of the WorkCover Authority.
If, in relation to licensed premises or a licensed transport container, there is a contravention of subclause (3) the holder of the licence is guilty of a breach of this Regulation.
Subclause (2) does not apply to a dangerous occurrence that has been notified under the Occupational Health and Safety (Notification of Accidents) Regulation 1990.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not:
(a) manufacture dangerous goods that are unsafe for conveyance, keeping or use, or
(b) import into the State, sell, convey or keep dangerous goods that are not in good order and condition or are unsafe for conveyance, keeping or use.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person having the custody of dangerous goods must take all practicable precautions to prevent water from coming into contact with them.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Subclause (1) does not prohibit:
(a) the installation or use of water sprinkler systems in a building or place for the purpose of extinguishing fires, or
(b) the use of water to cover dangerous goods where the water is used to prevent air or oxygen from reacting with the goods and does not itself materially react with them, or
(c) the use of water for the purpose of extinguishing fires in an emergency in a building or place.
A person must not sell or supply equipment for use with dangerous goods unless:
(a) it is suitable and safe for use with them, and
(b) if this Regulation prescribes requirements in relation to such equipment when so used, the equipment conforms to those requirements.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A licensee under section 8 of the Act of premises in or on which there is a fuel dispensing unit for the delivery of dangerous goods of Class 2.1 or 3 must:
(a) not deliver or permit a person to receive delivery of any such goods, by means of the unit, into the fuel tank of a vehicle or vessel unless the engine of the vehicle or vessel is stopped, and
(b) take all practicable steps to ensure that, while any such goods are being delivered into the fuel tank of a vehicle or vessel by means of the unit, no person lights matches, uses any other source of ignition or smokes within 3 metres of the vehicle or vessel, and
(c) at all times prominently display on or near every unit from which any such goods are so delivered a sign bearing the words “STOP ENGINE—NO SMOKING” in letters at least 50 millimetres high conforming to Type B of AS 1744 (Forms of letters and numerals for road signs) in such a position that the sign will be clearly legible by persons who are at the unit for the purpose of obtaining any such goods, and
(d) take all practicable steps to ensure that the unit cannot be operated by:
(i) a person without the authority of the licensee, or
(ii) a person under 15 years of age.
A person must not introduce dangerous goods of Class 2.1 or 3 into a vehicle or vessel by use of a fuel dispensing unit unless:
(a) the engine of the vehicle or vessel is stopped, and
(b) no person is smoking within 3 metres of the vehicle or vessel.
A person must not light a match, use any other form of ignition or smoke within 3 metres of a vehicle or vessel into which dangerous goods of Class 2.1 or 3 are being introduced from a fuel dispensing unit.
A person must not introduce liquefied petroleum gas into a vehicle or vessel by use of a fuel dispensing unit unless the hose attached to the unit is fitted with a coupling designed:
(a) to separate from the unit at a lower tension than that which could cause the hose or unit to fail or be damaged, and
(b) to stop the flow of gas from both the hose and the unit after separation.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not, with intent to deceive:
(a) obliterate, alter or falsify an entry or signature in a book or record required by this Regulation to be kept or made, or
(b) make a false or misleading entry in any such book or record.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not wilfully pull down, erase, mutilate or otherwise interfere with a sign, label or marking erected, fixed or made under this Regulation.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The WorkCover Authority may, in writing, exempt any person (including itself) or class of persons, either absolutely or subject to conditions, from any provision of this Regulation (other than a provision of Part 11 or a provision relating to the payment of fees) and may, in writing, vary or revoke any such exemption.
A person is not guilty of a breach of this Regulation by reason of the doing of any act if, by reason of stress of weather, accident resulting from causes not under his or her control or other emergency, the doing of the act was in the circumstances a matter of imperative necessity.
An approval given under any Regulations made under an Act repealed by the Act is taken, otherwise than for the purposes of subclause (4), to have been given under this Regulation.
An approval may:
(a) except where this Regulation otherwise provides, be given:
(i) in writing or verbally, and
(ii) generally or in relation to a particular case, and
(iii) on application or without an application, and
(b) be given unconditionally or subject to conditions.
An approval given under this Regulation may at any time be rescinded or varied by the WorkCover Authority by notice in writing given by post or otherwise to the person, if any, on whose application it was given, or by notice in the Gazette.
The WorkCover Authority must keep a register of approvals and cause to be entered in it particulars of all approvals given under this Regulation and of all rescissions and variations of such approvals.
The register:
(a) may consist of or include separate books, cards or other records, and
(b) must be kept available at the office of the WorkCover Authority for perusal, without fee, by all persons at all reasonable times.
If this Regulation imposes an obligation to provide a building or thing or to ensure that a building or thing conforms to prescribed requirements, the person for the time being subject to the obligation must maintain it, or cause it to be maintained, in good order and condition and, in the case of any mechanical equipment or device, in good and efficient working order.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A provision of this Regulation requiring that a fire extinguisher be provided or carried is not complied with except by the provision or carrying, as the case may be, of a fire extinguisher that:
(a) complies with the relevant standard for fire extinguishers of the class to which it belongs adopted by Standards Australia, and
(b) carries the Standards Australia mark, and
(c) is installed and maintained in accordance with AS 1851 (Maintenance of fire protection equipment), Part 1 (Portable fire extinguishers and fire blankets), and
(d) is not a powder extinguisher of the gas container type.
A provision of this Regulation requiring that a self-contained breathing apparatus be provided is not complied with except by the provision of a self-contained breathing apparatus:
(a) that, when used by a person, will enable the person to breathe for at least 25 minutes without any alteration being made to the apparatus, and
(b) that complies with the relevant provisions of AS 1715 (Selection, use and maintenance of respiratory protective devices) and AS 1716 (Respiratory protective devices), and
(c) the face mask of which has a speech diaphragm.
The prescribed manner of determining the flashpoint of a liquid is:
(a) by the appropriate method designated in AS 2106 (Determination of the flashpoint of flammable liquids (closed cup)), or
(b) in accordance with the tests set out in clause 2.3.3 of the UN Recommendations.
The prescribed type of apparatus to be used in making a determination referred to in subclause (1) (a) is the appropriate apparatus referred to in AS 2106.
The following dangerous goods are prescribed as explosives for the purposes of the Act:
(a) all dangerous goods of Class 1,
(b) the dangerous goods described in clause 13 (d), (e), (f) and (h).
For the purposes of section 15 of the Act:
(a) distress signals (other than rockets) in a quantity not exceeding 10 kilograms, being explosives classified as dangerous goods of Class 1.4G, are prescribed as explosives in respect of which Divisions 4 and 5 of Part 4 of the Act do not apply, and
(b) explosives classified as dangerous goods of Class 1.4S (other than detonators and safety cartridges) are prescribed as explosives in respect of which Divisions 2, 4 and 5 of Part 4 of the Act do not apply, and
(c) toy fireworks (not being explosives classified as dangerous goods of Class 1.4S) are prescribed as explosives in respect of which Divisions 2, 4 and 5 of Part 4 of the Act do not apply, and
(d) safety cartridges are prescribed as explosives in respect of which Divisions 2 and 5 of Part 4 of the Act do not apply.
Nothing in this Regulation applies to or in respect of an explosive that is on board a vessel and that is required by or under any Act or other law to be carried as part of the vessel’s equipment.
An application for the declaration under section 16 of the Act of an explosive as an authorised explosive must be made in writing to the WorkCover Authority and contain particulars of:
(a) the nature and composition of the explosive to which it relates, including the percentage by mass or volume that each ingredient bears to the whole, and
(b) any substance or substances desired to be approved as a substitute or as substitutes for a specified ingredient, and
(c) the method of use of the explosive.
An applicant must furnish to the Authority such additional information in relation to the explosive as it may require.
An applicant must supply to the Authority, without charge, such sample or samples of the explosive as it may require for the purpose of testing.
A fee of $30 must be paid to the Authority in respect of an application. No fee is payable if the applicant has already paid to the Authority during that financial year fees totalling $3,000 for the examination or testing of explosives or if the Minister has waived payment of the fee.
A person must not manufacture, import into the State, keep, convey or sell a safety cartridge:
(a) in which the bullet is not firmly fixed in the cartridge case, or
(b) having a split or cracked case, or
(c) having a case that is liable to split or rupture when fired in a properly constructed weapon of a chambering and calibre appropriate to a cartridge of its class.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Subclause (1) does not apply to or in respect of safety cartridges held under a collector’s permit if the cartridges are kept separate from cartridges to be used for shooting.
A person must not manufacture, import into the State, keep, convey or sell a safety cartridge or other cartridge having a bullet or other projectile that:
(a) explodes, or
(b) contains an incendiary or tracer composition, or
(c) contains a lachrymatory, nauseating or toxic substance.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Subclause (3) does not apply to or in respect of:
(a) a distress signal, or
(b) the manufacture, importing, keeping, conveyance or sale, with the authority of the Commissioner of Police, of a cartridge for the use of the Police Service of the Commonwealth or a State or Territory of the Commonwealth, or
(c) the importing, with the approval in writing of the WorkCover Authority, of a cartridge having a bullet or other projectile that contains an incendiary or tracer composition, or
(d) a cartridge having a bullet or other projectile approved in writing.
The WorkCover Authority must not approve, under subclause (4) (c), of the importing of a cartridge unless it is satisfied that it is to be imported:
(a) for conversion into scrap, or
(b) for sale after the bullet or other projectile is replaced by a bullet or other projectile not of a kind described in subclause (3).
A person must not:
(a) manufacture electric detonators of more than one type or series, or
(b) import into the State electric detonators manufactured by one manufacturer and that are of more than one type or series,
unless the wires attached to the detonators are colour-coded in such a manner that the types and series of detonators can readily be distinguished from each other.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not manufacture, import into the State, keep, convey or sell any of the following fireworks:
(a) a toy firework (other than amorces, a streamer cone or a confetti bomb) containing a composition of a chlorate in admixture with sulfur, a sulfide or phosphorus,
(b) a firework of such construction that firework composition can escape from it,
(c) toy fireworks that are liable to explode en masse,
(d) a toy firework (other than amorces, a snap for a bon-bon cracker, a streamer cone or a confetti bomb) that explodes either wholly or in part,
(e) a firework that on ignition is liable to be projected through the air in an erratic or unpredictable flight,
(f) a toy firework that contains arsenic or a compound of arsenic as an ingredient of its composition,
(g) a firework that does not have displayed on it instructions in the English language (in or to the effect of the form approved in respect of the firework) relating to the manner in which it should be ignited and the manner in which it is designed to behave,
(h) a firework that ignites less than 3 seconds, or more than 15 seconds, after its wick or touch paper has been ignited in accordance with the instructions displayed on it,
(i) a firework that, after having been set up and ignited in accordance with the instructions displayed on it, behaves otherwise than in accordance with those instructions.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Subclause (1) (paragraphs (b) and (c) excepted) does not apply to or in respect of the manufacture, importing, keeping, conveyance or sale of fireworks for the purpose only of use outside the State if they are exported as soon as practicable after their manufacture or import into the State.
Subclause (1) (g) does not apply to or in respect of display fireworks that are to be ignited or discharged by their manufacturer or importer.
A person must not manufacture, import into the State for sale or sell marine distress flares or signals to which AS 2092 (Pyrotechnic marine distress flares and signals for pleasure craft) applies unless they comply with that Standard or an equivalent International Standards Organisation standard.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Subclause (1) does not apply to or in respect of the manufacture, import or sale of marine distress flares or signals for the purpose only of use outside the State if they are exported as soon as practicable after their manufacture or import into the State.
A person must not manufacture, import into the State, keep, convey or sell a model rocket propellant device that:
(a) contains a composition of a chlorate in admixture with sulfur, a sulfide or phosphorus, or
(b) is of such construction that ignitable substances can escape from it, or
(c) may explode either wholly or in part, or
(d) contains an ignitable substance or ignitable substances exceeding 15 grams in mass.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Subclause (1) does not apply to or in respect of the manufacture, importing, keeping, conveyance or sale of a model rocket propellant device by a person:
(a) for the purpose only of use outside the State if it is exported as soon as practicable after its manufacture or import into the State, or
(b) in the case of a model rocket propellant device containing an ignitable substance or ignitable substances not exceeding 62.5 grams in mass—if the person is a bona fide member of an approved rocket club, or
(c) in the case of a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass—if the person is a bona fide member of an approved rocket club and holds a single occasion fireworks permit or pyrotechnicians permit.
A person must not manufacture (except for immediate use), keep or convey any:
(a) mixture of hydrogen and oxygen in the concentration range of 2 per cent to 97 per cent both inclusive, volume to volume, of hydrogen in oxygen, or
(b) flammable mixture of hydrogen and oxygen together with any other gas or gases, or
(c) liquid oxygen explosive.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
In this clause,
A person who has received explosives under the authority of a permit must:
(a) keep them in a secure place inaccessible to the public, or
(b) keep them under his or her immediate supervision or cause them to be kept by, and under the immediate supervision of, a responsible person.
A person who removes for use any explosives from a magazine, or from a secure place referred to in subclause (2) (a), must:
(a) until they are used, or placed in a magazine or secure place:
(i) keep them under his or her immediate supervision, or
(ii) cause them to be kept by, and under the immediate supervision of, another person who is a responsible person, and
(b) immediately place, or cause to be immediately placed, in a magazine or secure place, any that are not used.
If a person has set or caused to be set an explosive to explode at a place and the explosive has not been fired or has misfired, the person must not leave the explosive unsupervised until it has been exploded, destroyed or rendered harmless.
If a person has set or caused to be set an explosive to explode at a place and the explosive has not been fired or has misfired, an inspector may (if the explosive remains in place) direct the person to:
(a) explode it, or
(b) render it harmless, destroy it or otherwise dispose of it in accordance with this Regulation,
and the person so directed must not, without reasonable cause, fail to comply with the direction.
Subclauses (4) and (5) do not apply to or in respect of an explosive that is set to explode at a place in connection with any work to which the Mines Inspection Act 1901, the Coal Mines Regulation Act 1982 or the Construction Safety Act 1912 applies, and while the explosive remains at that place.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
Any work involving the use of explosives to which AS 2187 (Explosives—Storage, transport and use), Part 2 (Use of explosives) applies must be carried out in compliance with that Standard.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not render harmless, destroy or otherwise dispose of an explosive:
(a) except by a method permitted by this clause, and
(b) unless in so doing he or she takes adequate precautions against causing injury to any person or damage to any property.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Gunpowder, blasting powder and nitrocellulose propellant powder may be destroyed by burning under the supervision of:
(a) an inspector, or
(b) an inspector under the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982, or
(c) a representative of the manufacturer of the explosives or of an agent for their distribution on behalf of the manufacturer, if the manufacturer or agent has authorised the representative to supervise the burning and has certified in writing that he or she is a fit and proper person to do so, or
(d) a person authorised in writing by the WorkCover Authority for the purposes of this subclause.
The following explosives may be destroyed by burning:
(a) blasting accessories such as safety fuse, fuse lighters, multiple safety fuse igniters, igniter cord and connectors for such accessories,
(b) delay action fuses,
(c) fireworks and pyrotechnics.
Explosives other than gunpowder, fireworks and firework composition may be destroyed by detonation in accordance with the following rules:
(a) the method of detonation that provides the greatest degree of safety must be used,
(b) the detonation must be initiated by whichever of the following methods is the most appropriate having regard to the condition of the explosives:
(i) detonator,
(ii) detonating fuse,
(iii) detonator and priming cartridge,
(c) if detonators are to be destroyed, the following procedure must be adopted:
(i) not more than 1 000 detonators may be destroyed in any one detonation,
(ii) the detonators must be in a small box or bag,
(iii) electric detonators must have the wires cut off about 10 millimetres from the top of the shell,
(iv) a hole at least 300 millimetres deep must be dug in the ground, preferably in dry sand, and in a safe place,
(v) the box or bag containing the detonators must be placed in the hole together with a priming cartridge of about 200 grams of explosive and a properly positioned and serviceable detonator,
(vi) the detonators and priming cartridge must be carefully covered with paper and then by dry sand or fine earth and fired from a safe distance that (unless a bunker, a mound or other adequate means of protection is available and used for protection) is at least 200 metres from the box or bag containing the detonators,
(vii) after firing, a search for unexploded detonators must be made of the surrounding area for a distance of at least 30 metres in all directions (except underground) from the hole.
Explosives of any category may be disposed of by any method approved by the WorkCover Authority, an inspector or an inspector under the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982.
Small quantities, not exceeding 25 kilograms on any one occasion, of blasting powder or other nitrate mixtures (including a mixture of ammonium nitrate and fuel oil) may be rendered harmless by immersing them in water.
Despite any other provisions of this clause, a person must not dispose of explosives by discarding them:
(a) in a river, creek, lake, lagoon or dam, or
(b) on a garbage dump, or
(c) on a building site, or
(d) in or under newly poured concrete that has not set.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
A person must not enter, or remain in or on, premises licensed under the Act for the manufacture or keeping of explosives, or any part of, or any building, structure or installation in or on, such premises unless he or she is authorised to do so by the licensee or by or under an Act.
If a person enters, or remains in or on, any premises or part, or any building, structure or installation contrary to subclause (1):
(a) he or she commits a breach of this Regulation, and
(b) any of the following persons:
(i) the licensee,
(ii) an employee of the licensee,
(iii) a person acting with the authority of the licensee,
(iv) an inspector,
(v) a police officer,
may request him or her to leave the premises or part, or building, structure or installation and, if he or she fails to do so immediately after being so requested, remove him or her by the use of such reasonable force as is necessary for the purpose.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not sell a distress signal by retail except to a competent person over the age of 18 years who is a bona fide user of distress signals.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
It is an offence under Division 3 to use a distress signal for a purpose other than as a distress signal without a single occasion fireworks permit or pyrotechnicians permit.
A person must not sell fireworks or offer or expose fireworks for sale unless the package in which they are contained has attached to it readily understood instructions in the English language relating to the manner in which each firework in the package should be ignited and the manner in which each firework is designed to behave.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not send or cause to be sent to any other person (in this clause referred to as the
(a) he or she has given to the consignee a notice of his or her intention to send the consignment and has set out in the notice the description and quantity of the explosives proposed to be sent, and
(b) he or she has been informed by the consignee that the consignee will be prepared to receive the explosives on a specified day or within a specified period, and
(c) the explosives are sent at such a time and by such means that in the ordinary course of transport the consignee will receive them on the specified day or within the specified period.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
Immediately after the arrival in the State, by vessel or aircraft, of explosives consigned from outside the State, the importer of the explosives must give or cause to be given to the WorkCover Authority a notice in writing, in the approved form and manner, of the arrival of the explosives, the kinds of explosives and the quantity of each kind unless the consignee has already given that notice.
Neither the importer nor consignee of the explosives referred to in the notice must:
(a) transport or cause or permit the explosives to be transported from the place where they are unloaded to a bond or free store, premises licensed for the keeping of explosives or any other repository unless an inspector has certified by an entry on the form of notice that the explosives have been passed for such transport, or
(b) after the explosives have been so transported, remove them or cause or allow them to be removed from the store, premises or other repository:
(i) unless an inspector has certified in writing that they are suitable for removal, or
(ii) if an inspector has refused so to certify—except in accordance with directions for their removal and disposal given by the WorkCover Authority.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person intending to export explosives from the State by vessel in a quantity exceeding 2.5 kilograms:
(a) must, before they are loaded into or onto the vessel, give notice to the WorkCover Authority of the intended export in the approved form and manner, and
(b) must not load them, or cause or permit them to be loaded, unless the master of the vessel has signed the certificate set out in the notice.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
Subject to clause 58, the holder of a firearms licence is authorised to receive, on any one occasion, not more than 10 kilograms of propellant powder.
Subject to clause 58, if premises are licensed under section 8 of the Act for the keeping of explosives:
(a) the licensee, and
(b) any person acting in the course of his or her employment by the licensee, and
(c) any person authorised in writing by the licensee to receive explosives for keeping in or on those premises, and
(d) if the licensee is a corporation—any person acting in his or her capacity as a director of the corporation,
are authorised to receive explosives for keeping in or on those premises.
Subject to clause 58, a person authorised by section 10 of the Act to carry explosives in a transport container is authorised to receive explosives for carriage in the container.
The WorkCover Authority may issue a shotfirer’s permit to a person who applies for the permit and either:
(a) satisfies the Authority that he or she has satisfactorily completed a course in the use of explosives conducted by the Department of Technical and Further Education, or
(b) demonstrates to the satisfaction of the Authority that he or she is fully competent in the use of explosives.
The Authority may refuse to issue a shotfirer’s permit:
(a) on any ground on which an application for a permit under Division 4 (Issue by police of permits to receive explosives) could be refused, or
(b) on any other reasonable ground.
The Authority must specify in a shotfirer’s permit:
(a) the person to whom it is issued, and
(b) the quantities and kinds of explosives that may be received under it on any one occasion, and
(c) the period for which it is to be in force.
A shotfirer’s permit is subject to:
(a) the condition (which must be specified in the permit) that the holder of the permit must so use the explosives received under the authority of the permit that at the end of any day he or she does not retain more than 2.5 kilograms of blasting explosives (as defined in Division 4), not more than 110 detonators and not more than 500 metres of detonating fuse, and
(b) any other conditions that the Authority thinks fit to impose and that are specified in it.
The holder of a shotfirer’s permit is authorised, subject to clause 58 and to the condition or conditions specified in the permit, to receive explosives not exceeding on any one occasion the amount of explosives specified in the permit under subclause (3) (b).
Subject to the Act, a shotfirer’s permit is in force for the period specified in it.
The WorkCover Authority may issue a collector’s permit to a person who applies for the permit and satisfies the Authority that he or she is a member of a club or society:
(a) the aims of which are or include the study and collection of explosives of historical interest, and
(b) the name of which has been registered with the Authority on the application of its committee of management or other governing body.
The Authority may refuse to issue a collector’s permit:
(a) on any ground on which an application for a permit under Division 4 (Issue by police of permits to receive explosives) could be refused, or
(b) on any other reasonable ground.
The Authority must specify in a collector’s permit:
(a) the person to whom it is issued, and
(b) the quantities and kinds of explosives that may be received under it on any one occasion, and
(c) the period for which it is to be in force.
A collector’s permit is subject to any conditions that the Authority thinks fit to impose and that are specified in it.
Subject to clause 58, the holder of a collector’s permit is authorised to receive explosives of historical interest of the type or types specified in it, but only if he or she does so:
(a) subject to the conditions, if any, specified in the permit, and
(b) for the purpose of keeping the explosives as part of a bona fide collection of explosives of historical interest in his or her possession.
A collector’s permit is in force for the period specified in it.
An individual may apply to the WorkCover Authority for a single occasion fireworks permit to:
(a) receive or use display fireworks, or
(b) use a distress signal other than as a distress signal, or
(c) use a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass.
An application must:
(a) set out the purposes for which the fireworks are, or the signal or device is, to be used, and
(b) nominate the period for which the permit is required, and
(c) be made in an approved manner, and
(d) be accompanied by the fee fixed for the time being by the WorkCover Authority to cover expenses in connection with applications for a permit of the type concerned.
The WorkCover Authority may issue a single occasion fireworks permit, for a period not exceeding 7 days, to an applicant if it is satisfied that he or she:
(a) is of or above the age of 18 years, and
(b) has a good and sufficient reason for using the fireworks, signal or device for the purposes set out in the application, and
(c) has attained a level of competence in the safe use of the fireworks, signal or device, that is recognised by the WorkCover Authority for the purposes of obtaining a permit, and
(d) in the case of an application to use display fireworks, can be trusted to receive, have in possession, convey and use the fireworks.
A permit issued under this clause is subject to the conditions specified in it (including conditions that the WorkCover Authority considers appropriate in the interests of the safety and the welfare of the community).
Subject to clause 58, a permit issued under this clause authorises its holder to:
(a) in the case of a permit to receive and use display fireworks—receive and use display fireworks of the types specified in the permit, and
(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,
but only if the person does so in accordance with the permit’s conditions.
Subject to clause 58, a permit issued under this clause authorises any person acting under the direct supervision of its holder to:
(a) in the case of a permit to receive and use display fireworks—use display fireworks of the types specified in the permit, and
(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,
but only if the person does so in accordance with the permit’s conditions.
A permit issued under this clause is in force only for the day or days specified in it.
An individual may apply to the WorkCover Authority for a pyrotechnicians permit to:
(a) receive or use display fireworks, or
(b) use a distress signal other than as a distress signal, or
(c) use a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass.
An application must:
(a) set out the purposes for which the fireworks are, or the signal or device is, to be used, and
(b) nominate the period for which the permit is required, and
(c) be made in an approved manner, and
(d) be accompanied by the fee fixed for the time being by the WorkCover Authority to cover expenses in connection with applications for a permit of the type concerned.
The WorkCover Authority may issue a pyrotechnicians permit for a specified period to an applicant if it is satisfied that he or she:
(a) is of or above the age of 18 years, and
(b) has a good and sufficient reason for using the fireworks, signal or device for the purposes set out in the application, and
(c) has completed a training course or attained a level of competence in the safe use of the fireworks, signal or device, that is recognised by the WorkCover Authority for the purposes of obtaining a permit, and
(d) in the case of an application to use display fireworks, can be trusted to receive, have in possession, convey and use the fireworks.
A permit issued under this clause is subject to the conditions specified in it (including conditions that the WorkCover Authority considers appropriate in the interests of the safety and the welfare of the community).
It is a condition of a permit issued under this clause, that the holder notify the WorkCover Authority of an intention to receive or use any fireworks, signal or device, at least 7 days before the fireworks, signal or device is to be received or used.
Subject to clause 58, a permit issued under this clause authorises its holder to:
(a) in the case of a permit to receive and use display fireworks—receive and use display fireworks of the types specified in the permit, and
(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,
but only if the person has given notice in accordance with subclause (5) and does so in accordance with the permit’s conditions.
Subject to clause 58, a permit issued under this clause authorises any person acting under the direct supervision of its holder to:
(a) in the case of a permit to receive and use display fireworks—use display fireworks of the types specified in the permit, and
(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,
but only if the person does so in accordance with the permit’s conditions.
A permit issued under this clause is in force only for the period specified in it.
A display fireworks permit issued before 1 March 2004 is taken to be a pyrotechnicians permit, which expires:
(a) on the date specified in the permit, or
(b) on 1 March 2005,
whichever is the sooner.
A person must not:
(a) receive or use display fireworks, or
(b) use a distress signal other than as a distress signal, or
(c) use a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass,
unless the person is authorised to do so by a single occasion fireworks permit issued under clause 54 or a pyrotechnicians permit issued under clause 54A.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person who intends to carry on the business of selling fireworks otherwise than by retail sale must apply to the WorkCover Authority in the approved manner for a firework wholesaler’s permit.
The WorkCover Authority may issue a firework wholesaler’s permit to an applicant if it is satisfied that he or she is of or above the age of 18 years.
The Authority must specify in a firework wholesaler’s permit:
(a) the person to whom it is issued, and
(b) the period for which it is to be in force.
A firework wholesaler’s permit is subject to any conditions that the Authority thinks fit to impose and that are specified in it.
A firework wholesaler’s permit is in force for the period specified in it.
A person must not sell display fireworks unless the person has authority to sell those fireworks because of:
(a) a licence issued under section 8, 17, 19 or 21 of the Act, or
(b) a firework wholesaler’s permit,
and unless those fireworks are sold in accordance with the conditions of the licence or permit.
A person must not sell display fireworks except to a holder of a licence issued under section 8, 19 or 21 of the Act or a single occasion fireworks permit or pyrotechnicians permit.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person is authorised to receive, otherwise than by way of sale, explosives from another person if:
(a) the explosives are supplied for use in carrying out work in, on or about a mine, quarry, farm, building site or other place on the day on which they are supplied, and
(b) the person supplying and the person receiving the explosives are employed or engaged in, or responsible for, the carrying out of that work.
A person is not authorised to receive explosives from another person unless, in accordance with this clause, he or she produces to that other person, or to a prescribed representative of that other person, the prescribed evidence that he or she is (but for this clause) so authorised.
For the purposes of subclause (1) the prescribed evidence that a person is (but for this clause) authorised to receive explosives by:
(a) clause 51 (1)—is his or her firearms licence, or
(b) clause 51 (2) or (3)—is any evidence affording reasonable grounds for belief that he or she is so authorised, or
(c) clause 52, 53, 54 or 54A—is his or her shotfirer’s permit, collectors permit, single occasion fireworks permit or pyrotechnicians permit, respectively, or
(d) Division 4—is a permit issued to him or her under that Division.
For the purposes of subclause (1) the prescribed representative of a person is:
(a) a person who is or appears to be an employee or agent of that person and to be acting in the course of his or her employment or within the scope of his or her authority, or
(b) if the firstmentioned person is a corporation, a person who is or appears to be a director of the corporation.
A person does not produce evidence, in the form of a document or documents, to another person in accordance with this clause unless he or she allows that other person:
(a) to peruse the document or documents and, if that other person so desires, to make a copy of or to take extracts from it or them, and
(b) if the document is a permit under Division 4—to make a notation on it in accordance with subclause (5).
If a person receives explosives on the production, under subclause (1), of a permit under Division 4, the person supplying the explosives must make in the space provided for that purpose on the permit a notation showing the description and quantity of the explosives supplied and the date on which they are supplied.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Nothing in this clause applies to or in respect of the supply of explosives under clause 57.
In this Division:
An application for a permit is not duly made unless it is:
(a) in Form 1, and
(b) made to the officer in charge for the time being of the police station in the State nearest to:
(i) the applicant’s usual place of residence, or
(ii) a place where the applicant is employed or engaged in a profession, trade or employment.
An officer may issue a permit to a person who applies for it, or may refuse an application for a permit.
An officer must refuse an application for a permit:
(a) if the applicant is not a natural person, or
(b) if after making due inquiry the officer ascertains or has good reason to believe that the applicant:
(i) has been convicted in the State or elsewhere of an offence relating to firearms or explosives and sentenced to imprisonment for 12 months or more and has been released from that imprisonment less than 5 years before the date of the application, or
(ii) is subject to a recognizance, granted in the State or elsewhere, to keep the peace, or
(iii) is the subject of a firearms prohibition order within the meaning of the Firearms Act 1996, or
(c) if he or she is not satisfied that the applicant:
(i) is of or above the age of 18 years, and
(ii) is of good character and repute, and
(iii) has good reason for requiring a permit, and
(iv) can be trusted to have explosives in his or her possession and to use and convey explosives without danger to the public safety or to the peace.
An officer must not issue a permit without having made due inquiry as to the matters referred to in subclause (2) (b).
A permit is to be in Form 2.
Subject to the Act and this Regulation, a permit is in force for the period, not exceeding 3 months from the date of its issue, specified in it.
While 2 or more permits issued to a person would, but for this subclause, be in force at the same time, only the permit first issued is in force.
The officer in charge for the time being of the police station at which a permit was issued may, on the application of its holder, and if its holder furnishes to the officer a statutory declaration in evidence that the permit has been lost, destroyed or mutilated, issue a substitute permit in terms of the original permit.
Clauses 60 and 61 do not apply to or in respect of an application for the issue of a substitute permit.
The holder of a permit is authorised, subject to the conditions of the permit and to clause 58, to receive blasting explosives, detonators and detonating fuse.
A permit is subject to the conditions:
(a) that not more than the amount of blasting explosives, detonators and detonating fuse specified in it may be received under its authority on any one occasion, and
(b) that, unless the permit is subject to the condition referred to in subclause (3) (e), its holder must not keep, other than for immediate use, more than 2.5 kilograms of blasting explosives, 110 detonators and 500 metres of detonating fuse.
The amount of explosives to be specified under subclause (1) (a) is:
(a) 2.5 kilograms of blasting explosives, 110 detonators and 500 metres of detonating fuse, or
(b) if the officer issuing the permit is satisfied that the applicant needs, for a purpose specified by the applicant, to receive a greater quantity of blasting explosives than that referred to in paragraph (a)—50 kilograms of blasting explosives, 200 detonators and 500 metres of detonating fuse, or
(c) if the officer issuing the permit is satisfied that the applicant needs, for use in a mine, a greater quantity of blasting explosives than that specified in paragraph (a)—the maximum quantity of blasting explosives, detonators and blasting fuse that may be kept in the mine under the authority of any relevant mining legislation.
A permit may be issued subject to any one or more of the following conditions additional to those imposed by subclause (1):
(a) that explosives must not be received under its authority on more than a number of occasions specified in it,
(b) that within a period specified in it explosives must not be received on more than the number of occasions so specified,
(c) that only explosives of a class or description specified in it may be received,
(d) that explosives of a class or description specified in it must not be received,
(e) that all blasting explosives received on any day must be used or disposed of on that day.
The conditions of a permit must be set out in it.
The person to whom a permit is issued must retain it in his or her possession for:
(a) a period of at least 9 months after the date on which it was issued, or
(b) while any explosives received under its authority are in his or her possession,
whichever is the longer period.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The officer in charge of a police station who issued a permit, the officer in charge for the time being of the police station or the Commissioner of Police may, by notice in writing, cancel a permit if:
(a) had it not been issued, he or she would be required by clause 61 (2) to refuse an application for a permit made by its holder, or
(b) he or she is satisfied that its holder:
(i) made a statement in or in connection with his or her application for the permit that was false or misleading in a material particular, or
(ii) has failed to comply with any of its conditions, or
(c) he or she is satisfied that, at the time of the issue of the permit, another permit issued to the holder was in force, or
(d) its holder has since its issue been convicted of an offence against the Act or this Regulation,
and must revoke a permit if its holder requests him or her to do so.
If a person cancels a permit he or she must cause a notice of the cancellation to be served on the holder by sending the notice by post addressed to the holder at his or her last known address or by delivering it or causing it to be delivered personally.
A cancellation takes effect:
(a) if the notice of cancellation is sent by post—when the notice would be delivered to the addressee in the ordinary course of post, or
(b) if the notice is delivered to the holder personally—when it is so delivered.
In this Division:
A person must not prepare or fire charges of explosives unless the person holds an explosives user’s permit.
A person must not employ, instruct or allow another person to prepare or fire charges of explosives unless the other person holds an explosives user’s permit authorising him or her to do so.
A person who holds an explosives user’s permit must not prepare or fire charges of explosives if the person is not authorised to do so by the permit.
Subclauses (1)–(3) do not apply to anything done by the holder of a learner’s permit in accordance with the conditions of the permit.
The WorkCover Authority may by order in writing exempt persons from any provisions of this clause.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The WorkCover Authority may issue an explosives user’s permit to a person who satisfies the Authority that he or she:
(a) is of or over 18 years of age, and
(b) does not have a physical infirmity (such as deafness, defective sight or epilepsy) that would render him or her unfit to hold a permit, and
(c) has had at least 12 months’ experience in preparing and firing charges of explosives (or has had such other similar experience as is acceptable to the Authority), and
(d) has passed an approved written examination to test his or her knowledge of:
(i) the storage and conveyance of explosives and the preparation and firing of charges of explosives, and
(ii) the measures and precautions to be taken to prevent accidents in connection with the storage and conveyance of explosives and the preparation and firing of charges of explosives,
with relevance to the type of work in respect of which the person has applied for the permit, and
(e) if required by the Authority, has passed an approved practical and oral examination to test his or her competency to prepare and fire charges of explosives, and
(f) is competent and trustworthy to prepare and fire charges of explosives, and
(g) is otherwise a fit and proper person to hold a permit.
The WorkCover Authority may issue an explosives user’s permit to a person who satisfies the Authority that he or she holds an equivalent qualification issued under other New South Wales legislation or under the legislation of the Commonwealth or of another State or a Territory of the Commonwealth.
An application to the WorkCover Authority for an explosives user’s permit must be in a form acceptable to the Authority and be accompanied by such fee as is determined by the Authority.
An applicant for the issue of an explosives user’s permit under subclause (1) must hold a relevant learner’s permit at the time of the application.
The WorkCover Authority may require an applicant to produce a medical certificate in support of his or her application.
A person must not, in or in connection with an application, make a statement that the person knows to be false or misleading in a material particular.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
An explosives user’s permit may be issued subject to conditions.
An explosives user’s permit authorises the holder to perform the type of work specified in it.
The WorkCover Authority may refuse to issue an explosives user’s permit to a person:
(a) against whom an apprehended violence order (whether or not it is an interim order) is in force under Part 15A of the Crimes Act 1900, or
(b) if the Authority is satisfied that the person has a history of violence or threats of violence (whether or not the person has been convicted of an offence involving violence).
In subclause (1) (b),
The WorkCover Authority may issue a learner’s permit authorising a person to prepare and fire charges of explosives subject to any conditions attached to the permit.
Without limiting subclause (1), it is a condition of a learner’s permit that the holder of the permit must not prepare or fire charges of explosives unless supervised by the holder of an explosives user’s permit.
If it appears to the WorkCover Authority that the holder of an explosives user’s permit is incompetent or untrustworthy in the performance of, or is unfit to perform, any work authorised by the permit, it may:
(a) by order in writing direct the holder to cease doing the work and refrain from doing it for such period (not exceeding 10 days) as may be specified in the order, or
(b) by notice in writing served on the holder, require the holder to show cause why the permit should not be suspended or cancelled,
or take action under both paragraphs.
A holder of an explosives user’s permit who has been served with an order under subclause (1) (a) must comply with the direction set out in it.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
The WorkCover Authority may, if not satisfied with the matters (if any) put to it by a permit holder in response to a show cause notice:
(a) suspend the permit for a period not exceeding 12 months, or
(b) cancel the permit.
If the WorkCover Authority is satisfied that a person who has been served with a show cause notice has a history of violence or threats of violence (whether or not the person has been convicted of an offence involving violence), it may, at any time, suspend the person’s explosives user’s permit pending determination of the matter.
If the WorkCover Authority is satisfied that an apprehended violence order is in force under Part 15A of the Crimes Act 1900 against the holder of an explosives user’s permit (whether or not the person has been served with a show cause notice), it may, at any time, suspend the permit for a period determined by the Authority (being a period that ends on or before the end of the period during which the order remains in force).
The WorkCover Authority may, at any time, suspend for any period or cancel a learner’s permit.
A person whose explosives user’s permit or learner’s permit is suspended or cancelled must, within 7 days of being notified of the suspension or cancellation, return the permit to the WorkCover Authority.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
In this clause:
A certificate of competency as a powderman in force under the construction safety legislation immediately before the commencement of this Regulation is taken to be an explosives user’s permit issued under this Division.
A powderman’s learner’s permit in force under the construction safety legislation immediately before the commencement of this Regulation is taken to be a learner’s permit issued under this Division.
A certificate of competency as a powderman or a powderman’s learner’s permit under the construction safety legislation that was subject to a suspension in force under that legislation immediately before the commencement of this Regulation is, as from the end of the suspension, taken to be an explosives user’s permit or learner’s permit (as the case may be) issued under this Division.
Any appeal made under the construction safety legislation in relation to a powderman’s certificate of competency and in progress as at the commencement of this Regulation may continue and be finalised after that commencement as if the provisions of the construction safety legislation relating to such appeals were still in force.
Any certificate of competency as a powderman issued as the result of a decision on such an appeal is taken to be an explosives user’s permit issued under this Division.
Subject to this clause, the holder of:
(a) a licence for the keeping of explosives in or on premises, or
(b) a licence under section 19 of the Act for the manufacture of explosives in or on premises otherwise than for immediate use,
must, whenever in, on or from those premises explosives are purchased or received by the holder or sold or supplied to another person, immediately make or cause to be made in indelible ink, in a book conforming to subclause (4), a record of the matters referred to in subclause (2).
The matters a record of which is to be made or caused to be made are:
(a) the name and address of the person from whom the explosives were purchased or received or to whom they were sold or supplied, and
(b) in the case of:
(i) the purchase or receipt of explosives from a person—the number of the licence or permit authorising that person to supply the explosives, or
(ii) the sale or supply of explosives to a person—the number of the licence or permit authorising that person to receive the explosives, and
(c) the date of the purchase, receipt, sale or supply, and
(d) a description and the quantity of the explosives purchased, received, sold or supplied.
The holder of a licence referred to in subclause (1) must, whenever he or she causes or permits explosives to be used, immediately make or cause to be made in indelible ink in the book referred to in that subclause a record of the date of the use of the explosives and the description and quantity of the explosives used.
A book conforms to this subclause if the pages of the book are:
(a) bound together by sewing or otherwise in such manner that a page cannot easily be removed, and
(b) numbered consecutively.
A licensee or other person must not:
(a) remove a page from a book, or
(b) deface an entry or mark in a book, or in any records made under an authority under subclause (7), so as to make that entry or mark indecipherable, or
(c) make an alteration in an entry made in a book or in such records unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.
The holder of a licence under section 8 or 19 of the Act:
(a) must not commence to use or to cause to be used a book under subclause (1) unless it has been identified and marked by the officer in charge of the police station nearest to the licensed premises, and
(b) when the use of the book is terminated, must produce it to the officer in charge of that police station for notation on it of the date on which the use was terminated.
The WorkCover Authority may issue to a person an authority in writing authorising him or her to make or cause to be made, in the manner specified in the authority, records of the matters referred to in subclause (2) and may cancel or vary the terms of that authority.
Subclause (1) does not apply to or in respect of:
(a) the purchase, receipt, sale or supply of explosives in, on or from premises if the licensee of the premises is for the time being authorised under subclause (7) and makes or causes to be made a record of the purchase, receipt, sale or supply in accordance with the authority, or
(b) the sale or supply, in, on or from premises licensed under section 19 of the Act, of explosives for immediate use.
The holder of a licence referred to in subclause (1) must:
(a) periodically (but at least once every 3 months) carry out an audit of the explosives kept, manufactured, purchased, received, sold, supplied and used in, on or from the licensed premises during the audit period, and
(b) keep a written record of each audit, and
(c) immediately notify the local police station and the WorkCover Authority of any discrepancies discovered during an audit.
A licensee of premises who in accordance with this clause or an authority under subclause (7) makes or causes to be made a record must:
(a) retain in or on the premises for a period of at least 3 years after the making of the record the book or other document in or on which it was made, and
(b) retain the book or other document, in the case of premises licensed under:
(i) section 8 of the Act—in or at a magazine, or
(ii) section 19 of the Act—in the factory area, and
(c) whenever required to do so within that period of 3 years by a police officer of or above the rank of sergeant produce the book or other document to that officer and allow him or her to inspect, examine and take copies of or extracts from it.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The holder of a licence under section 10 of the Act in respect of a transport container must, whenever explosives are carried in the container:
(a) make or cause to be made in indelible ink, in a book conforming to subclause (2), a record of:
(i) a description and the quantity of the explosives, and
(ii) the dates and places of loading and unloading of the explosives, and
(b) on the delivery of the explosives, immediately present or cause to be presented to the prescribed person, for signature by that person, the book containing the record.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
The master and the owner of a vessel conveying flammable gas must ensure that the vessel leaves port without undue delay after the handling of the gas at the port has been completed.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
Nothing in subclause (1) prevents a vessel conveying flammable gas from remaining in a port (after the handling of the gas in the port has been completed) for the purpose of taking on board bunkers, stores or ballast or for such other purposes as may be approved by the Minister.
When dangerous goods of Class 2.3, 6 or 8 are being handled in bulk in a port, the person responsible for the goods must ensure that:
(a) while a vessel conveying the goods is lying at anchor, on a mooring or at a berth, a warning notice complying with subclause (2) is placed at the foot of each gangway to the vessel, and
(b) the warning notice is illuminated between the hours of sunset and sunrise by a white light of a type approved by the Minister, and
(c) if any spillage of the goods occurs:
(i) the harbour master of the port is immediately informed, and
(ii) all persons in the area affected by the spillage are warned of the spillage, and
(iii) the spilled goods are removed or treated so as to obviate danger to any person or property, and
(d) 3 sets of suitable protective clothing are kept remote from any area in which the goods are being pumped, but readily accessible from that area in case of an emergency, and
(e) a safety shower or tub is kept readily accessible in case of an emergency, and
(f) unless otherwise approved by the Minister, when any handling of the goods by pipeline is stopped, the section of the pipeline from the shore to the seaward end of the wharf is cleared of the goods.
A warning notice must be of a size not less than 2 metres by 1 metre and have printed on it the words “KEEP AWAY—POISONS BEING HANDLED” or the words “KEEP AWAY—CORROSIVES BEING HANDLED”, as the case may require, on a white background in red letters not less than 150 millimetres high conforming to type B of AS 1744 (Forms of letters and numerals for road signs).
Contravention of this clause is an offence and is punishable in accordance with clause 340.
When anhydrous ammonia is being handled by means of a pipeline, the person responsible for the anhydrous ammonia must ensure that:
(a) the pipeline is operated in accordance with AS 2022 (SAA anhydrous ammonia code), and
(b) at least 3 sets of self-contained breathing apparatus of compressed air or oxygen type and at least 3 sets of suitable protective clothing are kept remote from the pumping area, but readily accessible in case of an emergency, and
(c) all personnel engaged in the handling carry canister respirators of a type approved by the Minister, and
(d) if any anhydrous ammonia is released from the pipeline other than into a tank, it is released into water, and
(e) if the concentration of anhydrous ammonia in the air is greater than 100 parts per million at a distance of 3 metres or more from a vessel or from a connection of the pipeline, the handling is stopped until the concentration is not greater than 100 parts per million.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
This Division applies only in respect of the construction, installation or maintenance of a pipeline, hose or fitting used in connection with the handling of dangerous goods in an operational area.
The owner of a pipeline or hose breaches this Regulation if the construction, installation or maintenance of the pipeline or hose does not comply with, or is not carried out in accordance with, the requirements of this Division.
In this clause,
A new pipeline must not be installed except with the written approval of the Minister.
Contravention of this subclause is an offence and is punishable in accordance with clause 340.
An application for approval to install a new pipeline must be accompanied by such plans, specifications and other details as the Minister may require.
The Minister may impose such conditions on an approval as the Minister considers appropriate and may from time to time vary or revoke any of those conditions by notice in writing served on the owner of the pipeline.
A person must not use pipelines and fittings for the handling of anhydrous ammonia unless they are constructed, maintained and tested in accordance with AS 2022 (SAA anhydrous ammonia code).
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not use pipelines, hoses and fittings for the handling of liquefied flammable gas unless they:
(a) are constructed and maintained in accordance with AS 1596 (Storage and handling of LP gas), and
(b) have been tested in accordance with AS 1596 before being used for the first time and thereafter at intervals of not more than 3 months, and
(c) are electrically bonded and earthed as required by the Minister.
A person must not use a pump used to handle liquefied flammable gas in a pipeline or hose unless it is fitted with a means of closing it down well removed from the pipeline or hose.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not use a pipeline for the handling of dangerous goods of Class 3 unless it is fitted with:
(a) a non-return valve and a stop valve of a type approved by the Minister at the outer or seaward end of the pipeline, and
(b) if required in writing by the Minister, a non-return valve of a type approved by the Minister at the shore end of the wharf or the submarine pipeline.
If back loading is to be carried out or if a product separation device is to be used, the Minister may approve in writing of a non-return valve being by-passed by a branch line controlled by a rising spindle gate valve.
A non-return valve need not be fitted to a pipeline used exclusively for bunkering if a stop valve of a type approved by the Minister is fitted at the shore end of the pipeline.
A person must not use a flexible hose for the handling of dangerous goods of Class 3 unless it:
(a) has a factory test pressure of at least 1.0 megapascals, and
(b) has the number of the hose, the factory test pressure and the owner’s name legibly and permanently marked on a metal plate incorporated in and forming part of the hose or marked in such other manner as may be approved by the Minister, and
(c) is fitted with copper wire mechanically connected to the metal fitting at each end of the hose, or with such other fitting as the Minister may approve, so as to ensure complete electrical continuity over the entire length of the hose, and
(d) has been tested:
(i) at intervals of time not greater than the period specified opposite its type in the Table to this clause, and
(ii) in accordance with the procedure specified in BS 1435 (Specification for rubber hose, wire reinforced for oil suction and discharge services) published by the British Standards Institution, and
(iii) for electrical continuity after a test referred to in subparagraph (ii).
A person must not use a flexible hose for the handling of dangerous goods of Class 3 if a test referred to in subclause (4) (d) (ii) shows that the elongation of the hose exceeds the figure specified in Clause A3.7 (1) and (2) of Appendix A of BS 1435 or if the hose does not have electrical continuity.
A pipeline used for the handling of dangerous goods of Class 3 must be tested at least once every 12 months to ensure that it is suitably bonded and earthed and if it is not suitably bonded and earthed it must not be used.
The results of the tests referred to in subclause (4) (d) or (6) must be kept available by the owner of the flexible hose or pipeline for the period of time that it is in an operational area and must be produced for inspection to the Minister by the owner on demand made at any reasonable time.
If dangerous goods of Class 3 are being pumped through a pipeline to or from a vessel, effective drip trays or drums must be placed under the seaward end of the pipeline on the wharf.
If a non-return valve is by-passed in accordance with subclause (2), the person responsible for any dangerous goods in the pipeline to which the valve is attached must ensure that the rising spindle valve is kept closed and locked unless:
(a) the pipeline is to be cleared of its contents, or
(b) backloading is taking place, or
(c) a product separation device is to be used in the pipeline.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
Type of flexible hose | Period of time between tests |
Hose used on a wharf for the conveyance of flammable liquid | 1 year |
Hose used on a wharf for the conveyance of combustible liquid | 2 years |
Submarine hose not used in connection with a single buoy mooring | 1 year |
Hose floating on water when used in connection with a single buoy mooring | 1 year |
Hose connected immediately to a vessel’s manifold and used in connection with a single buoy mooring | 6 months |
Hose connected immediately to the top of a single buoy mooring | 6 months |
Hose connected immediately to the underside of a single buoy mooring and any hose connected to that hose | 3 years |
The prescribed form for the purposes of section 31 (3) of the Act is Form 3.
For the purposes of sections 31 (4), 37 (1) and 38 (2) of the Act, an application is made in the prescribed manner if:
(a) it is made in writing, and
(b) lodged at the court to which the application is made.
For the purposes of section 37 (3) (b) of the Act, a notice is advertised in the prescribed manner if it is published in the Gazette.
For the purposes of section 40 (2) (a) of the Act the General Manager, WorkCover Authority is a prescribed officer.
A person who contravenes a provision of this Regulation (contravention of which is stated to be an offence) or of a term or condition of a licence or permit is guilty of an offence and is liable to a penalty (if a penalty is not otherwise provided) not exceeding:
(a) 100 penalty units in the case of a corporation, or
(b) 50 penalty units in the case of an individual who contravenes the provision, term or condition otherwise than in his or her capacity as an employee, or
(c) 25 penalty units in the case of an individual who contravenes the provision, term or condition in his or her capacity as an employee.
In this clause:
The Dangerous Goods Regulation 1978 is repealed.
Any act, matter or thing that, immediately before the repeal of the Dangerous Goods Regulation 1978, had effect under that Regulation continues to have effect under this Regulation.
For the purposes of section 43A of the Act:
(a) each offence arising under a provision specified in Column 1 of Schedule 4 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.
If the reference to a provision in Column 1 of Schedule 4 is qualified by words that restrict its operation to specified kinds of offences, an offence arising under the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
For the purposes of this clause, the offence of contravening a term or condition of a licence or permit issued under a provision is taken to be an offence that arises under the provision (even though the offence is an offence under clause 340).
A police officer is declared to be an authorised officer for the purposes of section 43A of the Act.
In relation to an offence under Part 11:
(a) that is prescribed by this Regulation as an offence for which a penalty notice may be served, and
(b) that is committed in an area where a Port Corporation (within the meaning of the Ports Corporatisation and Waterways Management Act 1995) exercises port safety functions to which an operating licence held by it under that Act applies,
a member of staff of the Port Corporation to whom the Port Corporation has issued written authorisation for the purposes of this Regulation is declared to be an authorised officer for the purposes of section 43A of the Dangerous Goods Act 1975.
(Repealed)
(Clause 60)
I apply for a permit to receive explosives under the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999.
| |
Surname | Given names |
| |
Postcode | |
| |
| |
Type | Quantity |
| |
|
I certify that the above particulars are true and correct.
Date of application:
The Officer-in-Charge, Police Station, |
(Clause 61 (4))
In accordance with the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999,
, whose specimen signature appears below, is authorised by this permit, subject to the Act, the Regulation and to any conditions set out below, to receive from time to time the following explosives in a quantity not exceeding on any one occasion the following quantity:
Quantity of explosives | Description of explosives |
This permit is subject to the conditions that:
This permit remains in force until
Specimen signature of holder of permit
Police Station | (Officer-in-Charge) |
Date
Quantity | Explosives | Date of sale | Vendor’s name and address |
(Clause 336)
I, , being an inspector under the Dangerous Goods Act 1975, on
• *took under section 31 (1) (b) of the Act,
• *seized/removed/detained under section 31 (1) (c) of the Act,
the substance or article described in the Schedule from:
Description of substance or article | Quantity of substance or article |
Date:
* Delete whichever is not applicable.
(Clause 259)
The handling categories of dangerous goods are:
1. Handling Category A, comprised of:
(a) explosives other than:
(i) Fireworks being dangerous goods of Class 1.4G or 1.4S,
(ii) dangerous goods of Class 1.4,
(b) dangerous goods of Class 7.
2. Handling Category B, comprised of:
(a) Fireworks being dangerous goods of Class 1.4G or 1.4S,
(b) dangerous goods of:
(i) Class 1.4 other than dangerous goods of Class 1.4S,
(ii) Class 2.1,
(iii) Class 2.2 being cryogenic liquid, carbon dioxide and oxygen mixtures or compressed oxygen,
(iv) Class 2.3,
(v) Class 3 Packing Group I, II or III,
(vi) Class 4.1 Packing Group I,
(vii) Class 4.2 Packing Group I or II,
(viii) Class 4.3,
(ix) Class 5.1 Packing Group I or II,
(x) Class 5.2,
(xi) Class 6.1 Packing Group I,
(xii) Class 6.2,
(xiii) Class 8 Packing Group I.
3. Handling Category C, comprised of dangerous goods of:
(a) Class 1.4S,
(b) Class 4.1 Packing Group II or III,
(c) Class 4.2 Packing Group III,
(d) Class 5.1 Packing Group III,
(e) Class 6.1 Packing Group II or III,
(f) Class 8 Packing Group II or III,
(g) Class 9,
(h) Class C1,
(i) Class C2.
(Clause 287 (3))
Dangerous goods | Maximum quantity |
Ammonia perchlorate | 10 tonnes |
Ammonium nitrate containing not more than 0.2 per cent combustible matter (calculated as carbon) or ammonium nitrate fertilisers, type A1, A2, A3 or A4 in: | |
| 150 tonnes |
| 150 tonnes |
| 10 tonnes |
Total quantity of all dangerous goods of Class 5.1 other than nitrates of barium, lead potassium, sodium or strontium | 200 tonnes |
Except as provided by clause 287 (5), all explosives other than dangerous goods of Class 1.4 | 25 kilograms |
(Clauses 342 and 344)
Column 1 Provision | Column 2 Penalty ($) |
Section 9 (1) (in the case of a person who commits the offence in his or her capacity as an employee) | 55 |
Section 9 (1) (in any other case) | 550 |
Clause 54B (in the case of a person who commits the offence in his or her capacity as an employee) | 55 |
Clause 54B (in any other case) | 550 |
Clause 94 (2) (in the case of a person who commits the offence in his or her capacity as an employee) | 55 |
Clause 94 (2) (in any other case) | 550 |
Clause 261 (3) | $550 |
Clause 263 (1) | $550 |
Clause 264 (1) | $550 |
Clause 264 (1) | $550 |
Clause 265 (a) | $550 |
Clause 265 (b) | $550 |
Clause 267 (1) | $220 |
Clause 268 (1) | $220 |
Clause 276 (3) | $550 |
Clause 278 (1) | $550 |
Clause 278 (2) | $550 |
Clause 279 (1) | $550 |
Clause 293 (2) | $550 |
Clause 331 | $550 |
(Clause 4)
(a) has a capacity exceeding 0.1 litre, and
(b) is not a disposable container.
(a) one end of which is closed and the other:
(i) left open for the insertion of safety fuse for the purpose of initiating an explosion within the tube, or
(ii) fitted with wires or other devices for that purpose, and sealed, and
(b) that is loaded with a charge of chemicals (such as lead azide, pentaerythrite tetranitrate (pentaerythritol tetranitrate; PETN) or lead styphnate), or of chemicals and other goods, the charge being designed to produce an explosion of the tube that may be communicated to other tubes similarly constructed and charged.
(a) dangerous goods to which the ADG Code applies, has the same meaning as in that Code, and
(b) dangerous goods to which the Australian Explosives Code applies, has the same meaning as in that Code.
(a) of any flammable gas or any vapour from a flammable liquid does not exceed 5 per cent of the lower explosive limit of the gas or vapour, and
(b) of any toxic vapour does not exceed the airborne concentration specified in the publication entitled “Exposure Standards for Atmospheric Contaminants in the Occupational Environment” published by Worksafe Australia.
(a) a licence that has not been transferred, or a permit—means the person to whom it was issued, or
(b) a licence that has been transferred—means the person to whom it was last transferred.
(a) has the capacity of not more than:
(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container—1 500 litres, or
(ii) for solids of Packing Group I packed in a metal container—3 000 litres, or
(iii) for solids or liquids of Packing Group II and III—3 000 litres, and
(b) is designed for mechanical handling, and
(c) is resistant to the stresses produced in usual handling and transport.
(a) consists of a case in which there is a substance or substances that burn rapidly when ignited, and
(b) with or without other articles, is intended to be part of the propulsion system of a model rocket.
(a) a material that is part of a building—means the material is not combustible within the meaning of AS 1530 (Methods for fire tests on building materials, components and structures), or
(b) a building or a part of a building—means the building or part is constructed wholly of materials that are not combustible as referred to in paragraph (a).
(a) contains a charge of chemicals (such as lead azide or lead styphnate), or of chemicals and other goods, covered and protected by a coating of tinfoil or other approved material and with or without an anvil, and
(b) if packed with other similar devices, is so constructed and packed that an explosion of the device does not cause an en masse explosion.
(a) any explosive, or
(b) any ingredient for explosives that either is an explosive substance or when mixed or brought into contact with another substance or article, including another ingredient for explosives, that is in that building, is capable of forming a mixture or compound that is an explosive substance,
is manufactured (or is used in any process of manufacture) or is assembled, disassembled, modified, tested, pressed or packed (or is used as a part of a similar process), but does not include a building that under the terms of the licence or of an order in writing by the WorkCover Authority is not to be regarded as a process building.
(a) public place, or
(b) railway, tramway or aerodrome, or
(c) waterway used for navigation, or
(d) dock, wharf, pier, jetty, reservoir (other than a reservoir used for the supply to the public of reticulated water), river wall, sea wall or bridge, or
(e) furnace, kiln, forge or fire for manufacturing purposes or for the use of any boiler, engine or machine, or
(f) water main or water supply channel (other than an underground main or channel), or
(g) main electrical substation, or
(h) electrical power transmission line having a line voltage of one kilovolt or more, or
(i) main gas transmission line (other than an underground line), or
(j) radio or television transmitter used in community broadcasting or television services.
(a) dwelling-house, or
(b) government or public building, church, chapel, college, school, hospital, theatre or public hall, or
(c) shop, factory, warehouse, store or other building, or any timber yard, in which any person is employed or engaged in a trade, business or profession, or
(d) building or structure in or about which persons are usually present or from time to time assemble, or
(e) depot or process building situated on premises that are licensed, or required to be licensed, under section 8 or 19 of the Act or that, if the premises were in the State, would be required to be so licensed, or
(f) reservoir used for the supply to the public of reticulated water.
(a) burns and does not explode, and
(b) does not contain its own means of ignition, and
(c) is of such strength and construction and contains an explosive substance in such quantity that the burning of the fuse will not be communicated, except through an end of the fuse, to other similar fuses, and
(d) burns at a rate of one metre in not less than 90 seconds or more than 120 seconds.
(a) a container of or for liquid dangerous goods (other than dangerous goods of Class 2 or flammable or combustible liquids) having a capacity exceeding 450 litres, or
(b) a container (other than a cylinder, a refillable container or a disposable container) of or for dangerous goods of Class 2 designed to contain gas under pressure, or
(c) a container (including any fill-point, dip-point or vent outlet of the container) of or for flammable or combustible liquids having a capacity exceeding 450 litres.
(a) descriptive of those goods, or
(b) in respect of which, either alone or in combination with any pictorial or other matter, the manufacturer of the goods or a person engaged in their processing, sale or distribution has any proprietary rights.
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