Dangerous Goods Safety (Explosives) Amendment Regulations 2012 (WA)
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WESTERN 1173 AUSTRALIAN
GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 16 MARCH 2012 No. 41 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 11.15 AM
© STATE OF WESTERN AUSTRALIA
Dangerous Goods Safety Act 2004
Dangerous Goods Safety (Explosives)
Amendment Regulations 2012
Made by the Governor in Executive Council.
1. Citation
These regulations are the Dangerous Goods Safety (Explosives)
Amendment Regulations 2012.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
3. Regulations amended
These regulations amend the Dangerous Goods Safety
(Explosives) Regulations 2007.
4. Regulation 3 amended
(1) In regulation 3 delete the definition of UNMR.
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(2) In regulation 3 insert in alphabetical order: aerial shell has the meaning given to that term by
AS 2187.0;
AS 2187 has the meaning given to that term by
regulation 7;
AS 2187.0 has the meaning given to that term by
regulation 7;
ground display has the meaning given to that term by
AS 2187.0;
(3) In regulation 3 in the definition of proper shipping name delete
“Code or the UNMR;” and insert:Code; 5. Regulation 6 amended
In regulation 6(2)(a) delete “in relation to the explosive in
relation” and insert:from the explosive
6. Regulation 9 amended
(1) In regulation 9(1) in the definition of assigned delete
paragraph (a) and insert:
(a)
by using the tests and criteria in the ADG Code for classifying dangerous goods; or
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(2) In regulation 9(5) delete “UNMR,” and insert: ADG Code, 7. Regulation 14 amended
In regulation 14(2) delete “a person who passes the test, or
completes” and insert:individuals who pass the test, or complete
8. Regulation 15 amended
In regulation 15(2)(b) delete “UNMR,” and insert:
ADG Code,
9. Regulation 22 amended
In regulation 22(3) delete “to so so” and insert:
to do so
10. Regulation 30 amended
In regulation 30(2):
(a) in paragraph (f)(i) delete “UNMR; and” and insert: AE Code; and
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(b) in paragraph (f)(iii) delete “UNMR” and insert: ADG Code
11. Regulation 31 amended
In regulation 31(5) delete “UNMR.” and insert:
ADG Code.
12. Regulation 32 amended
Before regulation 32(1)(a) insert:
(aa) the UN number under the AE Code of every
authorised explosive; and
13. Regulation 34 amended
In regulation 34(2)(a) delete “clause 1 —” and insert:
clause 2 —
14. Regulation 42 amended
(1) In regulation 42(1) delete the Penalty and insert: Penalty: a level 2 fine.
(2) In regulation 42(3) delete the Penalty and insert: Penalty: a level 2 fine.
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15. Regulation 44 amended
After regulation 44(3)(f) insert:
(ga) the measures taken to control any leak, spill or accidental escape of explosives, and any fire or explosion, arising out of the situation;
16. Regulation 48 amended
In regulation 48 delete the Penalty and insert:
Penalty: a level 1 fine and imprisonment for
10 months.
17. Regulation 57 amended
At the beginning of regulation 57 insert:
(1A) This regulation does not apply to a sparkler that is an
authorised explosive.18. Regulation 76 amended
Delete regulation 76(b) and insert:
(b)
the person holds a licence referred to in regulation 77, 78 or 79 and stores the explosive in accordance with that regulation; or
(c)
the person holds a fireworks event permit and stores the explosive at the site of the event in accordance with the permit and regulation 89.
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19. Regulation 80 deleted
Delete regulation 80.
20. Regulation 82A inserted
After regulation 81 insert:
82A. Sparklers
(1) A person storing more than 1 000 kg of sparklers must
ensure the sparklers are stored properly.Penalty: a level 2 fine. (2) For the purposes of subregulation (1) sparklers are not
stored properly unless —
(a) they are in a building or container that is separate from and at least 5 m from other buildings and containers; and (b) the building or container does not contain anything other than the sparklers, or the sparklers and other explosives with a classification code of 1.4S or 1.4G; and (c) on the outside of the entrance to the building or container are the following — (i) a Class 1 Label, Model No. 1.4, that complies with the AE Code Figure 3.1 and that is at least 250 mm square;
(ii) a sign that says “FIREWORKS (SPARKLERS)” in black letters at least 100 mm high on a white or silver background;
and
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(d) there is a fire extinguisher containing at least 9 L of water on or close to the outside of the building or container; and (e) there is no combustible material within 5 m of the outside of the building or container; and (f) there is a “HAZCHEM” outer warning placard that complies with the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 regulation 71 and Schedule 4 clause 2 —
(i) at every entrance in the perimeter of the site where the building or container is situated; or
(ii) at a position or positions approved in writing by FESA;
and
(g) except when it needs to be opened to deal with sparklers in it, the building or container is kept closed and locked so as to prevent removal of or access to the sparklers by unauthorised people.
21. Part 9 Division 4 heading replaced
Delete the heading to Part 9 Division 4 and insert:
Division 4 — Storage under licences and permits other
than explosives storage licences
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22. Regulation 89 replaced
Delete regulation 89 and insert:
89. Fireworks event permit holders, storage by
(1) This regulation applies to a person if —
(a) the person holds a fireworks event permit; and (b)
the person does not hold an explosives storage licence for the place where the event will be conducted; and
(c)
the person stores at that place a firework that will be used at the event.
(2)
The requirements of this regulation are in addition to any condition included in the fireworks event permit that relates to the storage of any firework.
(3) If the firework is an aerial shell and is stored — (a) alone; or
(b) with another aerial shell; or (c) with a ground display,
the person must store it in accordance with AS 2187.1
clauses 3.2.4.2 and 3.2.5.1 as if it were an explosivewith a classification code of 1.1.
(4) If the firework is a ground display, then, unless
subregulation (3) applies, the person must store it in
accordance with AS 2187.1 clauses 3.2.4.3 and 3.2.5.2
as if it were an explosive with a classification code
of 1.3.(5) The person must ensure that the place where the
firework is stored is at least 30 m from the place where
any other firework is made ready for use or is ready for
use or is used.
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(6) The person must store the firework safely. Penalty: a level 2 fine.
23. Regulation 90 amended
In regulation 90(7) delete the Penalty and insert:
Penalty: a level 2 fine.
24. Regulation 91 amended
(1) In regulation 91(2) delete the Penalty and insert: Penalty: a level 2 fine.
(2) Delete regulation 91(3). 25. Regulation 97 amended
After regulation 97(2) insert:
(3A) Despite subregulation (2), a prime contractor who
transports an authorised explosive by road in a vehicle
that is licensed under the Road Traffic Act 1974 Part III
must hold an explosives transport licence that
authorises the transport of the explosive unless —
(a)
the explosive is named in and transported in accordance with Schedule 7; or
(b)
the prime contractor holds a licence referred to in regulation 98, 99, 100 or 101 and transports the explosive under that regulation.
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26. Regulation 104 amended
In regulation 104(1) delete the Penalty and insert:
Penalty: a level 2 fine.
27. Regulation 109 amended
(1) Delete regulation 109(2) and insert:
(2) In the case of a road vehicle involved in such an
incident —
(a) one of the accountable persons for the vehicle must notify an emergency service as soon as practicable — (i) of the incident; and
(ii) of the required details of the explosive being transported;
and
(b)
each accountable person for the vehicle must provide the reasonable assistance required by a DGO, or an officer of an emergency service, to deal with the situation.
(2) After regulation 109(7) insert:
(8) It is a defence to a charge of an offence under
subregulation (5) or (6) to prove the accused had
already complied with the Act section 9(2) in respect of
a reportable situation that arose from the incident.
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28. Regulation 110 amended
(1) Delete regulation 110(1)(c) and insert:
(c) section 8.3.6 (other than section 8.3.6(3)(b)) and (2), section 3.4;
(2) Delete regulation 110(2)(b) and insert:
(b) sections 6.1.1, 6.2(1)(a), 6.2(2)(d)(i), 6.3, 6.4.2, 6.4.3 and 6.4.4.
29. Regulation 112 amended
In regulation 112(b), (d) and (f) after “regulation 113,” insert:
114A,
30. Regulation 113 amended
(1) In regulation 113 delete “The holder” and insert: (1) The holder (2) At the end of regulation 113 insert:
(2) The holder of an explosives import/export licence is
authorised, without holding an explosives supply
licence, to supply to any person any explosive that the
holder imports under the licence.
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31. Regulation 114A inserted
After regulation 113 insert:
114A. Explosives manufacture licence authorises limited
supplyThe holder of an explosives manufacture licence is
authorised, without holding an explosives supply
licence, to supply to any person any explosive that the
holder manufactures under the licence.32. Regulation 130 amended
In regulation 130(1) delete “require, or comply with alternative
safety measures for blast plans.” and insert:require.
33. Regulation 136 amended
In regulation 136 in the definition of fireworks event delete “the
public or a section of the public,” and insert:one or more people, whether at a public or private
event or show,
34. Regulation 138 amended
In regulation 138(2):
(a) in paragraph (b)(iii) delete “circumstances,” and insert: circumstances.
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(b) in paragraph (b) delete “and, if required by those regulations.”.
35. Regulation 139 replaced
Delete regulation 139 and insert:
139. Using certain fireworks outdoors other than at fireworks events
(1) This regulation does not apply to —
(a) the use of an unrestricted firework or a sparkler; or (b) the use of a firework at a fireworks event under a fireworks event permit; or (c) the use of a cracker chain under regulation 144 at a public ceremony; or (d) the use of a firework by a person in an aircraft or by a skydiver; or (e) the use of a firework to create a special effect for film or television at a place where the public are not present; or (f) the use of a theatrical firework where people are present or proximate to create a theatrical effect for the purposes of a concert or theatrical performance.
(2) A person must not use a firework outdoors unless, at
least 14 days before the date of the proposed use of the
firework, the person has given a fireworks notice
signed by the person to —(a) FESA; and
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(b)
the local government of the district in which the firework will be used.
Penalty: a level 2 fine.
(3) A fireworks notice must be in an approved form and
contain this information —
(a) the details of the fireworks operator licence that the person holds; (b) a description of the proposed use of the fireworks including — (i) the date, time and intended duration of the use of the fireworks; and
(ii) if any firework to be used is an aerial shell, the diameter of the largest shell;
(c) where the fireworks will be used; (d) the purpose of using the fireworks.
(4) On receiving a fireworks notice from a person, FESA
or a local government may give the person —
(a)
a written notice that prohibits the proposed use of the firework; or
(b)
a written notice that prohibits the proposed use of the firework unless the person complies with conditions specified in the notice.
(5) Under subregulation (4)(b) FESA or a local
government may include in a notice any condition that
is reasonably necessary for any of these purposes —(i) to ensure the safety of people, property or the environment in the vicinity of where the firework will be used;
(ii) to ensure such people are notified of the proposed use of the firework;
(iii) to reduce any disturbance of such people.
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(6) FESA or a local government may amend or cancel a
notice it has given to a person under this regulation by
advising the person in writing.(7) A person who is given a written notice under
subregulation (4) must comply with it.Penalty: a level 2 fine.
36. Regulation 140 deleted
Delete regulation 140.
37. Regulation 148 amended
In regulation 148(2) delete the passage that begins with
“Before” and ends with “following —” and insert:Before the holder of a fireworks contractor licence can
apply for a fireworks event permit, the holder must
sign a fireworks event notice and give it to the
following —
38. Regulation 149 amended
In regulation 149(2):
(a) delete “approved form” and insert: application
(b) delete paragraph (c)(iv) and insert: (iv) if any event firework is an aerial shell, the diameter of the largest shell;
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(c) delete paragraph (d) and insert:
(d)
if the applicant proposes to store the event fireworks at the site of the event before the event and there is no explosives storage licence
for the site, details of where, how and for how
long they will be stored at the site;
39. Regulation 150 amended
After regulation 150(8)(b) insert:
(ca) a condition as to where, how and for how long any firework that will be used in the event may be stored at the place of the event before the event;
40. Regulation 157 amended
Delete regulation 157(3)(c) and insert:
(c) evidence that the applicant has reached the required age;
41. Regulation 161 amended
(1) After regulation 161(1) insert: (2A) In subregulations (2) and (4) — explosive includes a constituent of an explosive that is
a security risk substance.
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(2) In regulation 161(2)(b) after “clauses 2,” insert: 3A, (3) In regulation 161(3) delete “clauses 2” and insert: clauses 2, 3A (4) In regulation 161(4)(b) delete “clauses 2” and insert: clauses 2, 3A (5) In regulation 161(5)(a) delete “clauses 2” and insert: clauses 2, 3A (6) In regulation 161(6)(a) after “clauses 2,” insert: 3A, 42. Regulation 164 amended
(1) Delete regulation 164(2)(e)(i) and insert: (i) has reached the required age; and
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(2) Delete regulation 164(7) and insert:
(7) As soon as practicable after making a decision under
this regulation, the Chief Officer must give the
applicant a written notice of —(a) the decision; and
(b) if the decision is to refuse an application, the reasons for the decision.
43. Regulation 165 amended
Delete regulation 165(4)(b)(i) and insert:
(i) has reached the required age; and
44. Regulation 174 amended
In regulation 174(1)(d) delete “regulation 162.” and insert:
regulation 164.
45. Regulation 182 amended
(1) In regulation 182(1) delete the Penalty and insert: Penalty:
(a)
if the condition is that imposed by regulation 194(2), a level 2 fine;
(b)
otherwise, a level 1 fine and imprisonment for 10 months.
(2) Delete regulation 182(3).
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46. Regulation 195 amended
(1) Delete regulation 195(1)(c), (d) and (e) and insert:
(c) a permit issued under regulation 131,
(2) Delete regulation 195(2). 47. Schedule 1 amended
In Schedule 1 item 4(a) delete “ground fireworks” and insert:
fireworks that are a ground display
48. Schedule 2 amended
After Schedule 2 clause 2(2)(c) insert:
(da) a sparkler the combustible part of which is more
than 300 mm long;
49. Schedule 4 amended
(1) Delete Schedule 4 clause 1 and insert: 1. Sparklers
A person may possess a sparkler.
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(2) Delete Schedule 4 clause 4 and insert: 4. Emergency devices
A person may possess an emergency device if in the
circumstances the person has a reasonable reason to possess
it.
(3) Delete Schedule 4 clause 5 and insert: 5. Ammunition, ammunition propellant and black powder
A person may possess ammunition, ammunition propellant or black powder if authorised under the Firearms Act 1973 to do so.
(4) At the end of Schedule 4 insert: 6. Model rocket motors
A person may possess a model rocket motor if the NEQ in
the motor is not more than 62.5 g.
50. Schedule 6 amended
(1) Delete Schedule 6 clause 1 and insert: 1. Sparklers
A person may store a sparkler at any place.
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(2) At the end of Schedule 6 insert: 6. Model rocket motors
A person may store a model rocket motor at any place if the
NEQ in the motor is not more than 62.5 g.
51. Schedule 7 amended
(1) In Schedule 7 clause 4(b) delete “code of 1.4G” and insert: code of 1.4 (2) In Schedule 7 clause 5(2)(a) delete “15 kg; and” and insert: 50 kg; and (3) At the end of Schedule 7 insert: 6. Model rocket motors
A person may transport any quantity of model rocket motors
if the NEQ in each motor is not more than 62.5 g.
52. Schedule 8 amended
Delete Schedule 8 clause 5 and insert:
5. Ammunition, ammunition propellant and black powder
A person may supply ammunition, ammunition propellant or
black powder if authorised under the Firearms Act 1973 to
do so.
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53. Schedule 9 amended
(1) In Schedule 9 clause 4:
(a) in paragraph (b) delete “device.” and insert: device; or
(b) after paragraph (b) insert:
(c)
while skydiving for the purposes of public entertainment.
(2) At the end of Schedule 9 insert: 6. Model rocket motors
A person may use a model rocket motor if the NEQ in the
motor is not more than 62.5 g.
54. Schedule 10 amended
Delete Schedule 10 clause 2 and insert:
2. General matters
If a required plan is required to contain the matters in this
clause it must contain the following —
(a)
the measures that will be taken to ensure any dangerous goods incident involving an explosive is reported to the Chief Officer as soon as practicable;
(b)
the measures that will be taken to ensure that people who may have access to an explosive are instructed about and comply with these regulations;
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(c)
the measures that will be taken to ensure that people who may have access to an explosive are instructed about and comply with the plan;
(d)
the measures that will be taken to monitor and ensure compliance with the plan;
(e)
the measures that will be taken to ensure the plan and its effectiveness are reviewed regularly and that the plan is revised if necessary;
(f)
the measures that will be taken to ensure a record is kept of measures taken under the plan.
3A. Emergency management plans If a required plan is required to contain the matters in this clause it must contain an emergency management plan to deal with any dangerous goods incident, or any dangerous situation, involving an explosive that might occur that
includes these matters —
(a) the equipment and facilities that will be available; (b)
the procedures that will be followed and the measures that will be taken, including matters such as sounding alarms and evacuating people;
(c)
the measures that will be taken to investigate why the incident or situation occurred;
(d)
the individuals who will be responsible for implementing the emergency management plan;
(e)
the measures that will be taken to train people to execute the emergency management plan;
(f)
which emergency services and other people will be given a copy of the emergency management plan.
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55. Schedule 11 amended
In Schedule 11 clause 1 delete “westerly and north westerly” and
insert:easterly and north easterly
By Command of the Governor,
G. MOORE, Clerk of the Executive Council.
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