Dangerous Goods Safety (Explosives) Amendment Regulations 2022 (WA)

30 June 2022 GOVERNMENT GAZETTE, WA 3903

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Explosives)

Amendment Regulations 2022

SL 2022/122

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Dangerous Goods Safety (Explosives)
Amendment Regulations 2022.

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 1 July 2022.

3.             Regulations amended

These regulations amend the Dangerous Goods Safety
(Explosives) Regulations 2007.

3904 GOVERNMENT GAZETTE, WA 30 June 2022

Dangerous Goods Safety (Explosives) Amendment Regulations 2022

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4.             Regulation 149 amended

After regulation 149(1)(b)(iii) insert:

(iv)      if an explosives management plan for

the purposes of the applicant’s fireworks

contractor licence is not provided to the
Chief Officer within the period of
5 years ending on the day on which the

application is made — an explosives

management plan that complies with the
requirements set out in
regulation 164(2)(f)(i) to (iii);

Note: The heading to amended regulation 149 is to read:

Application for fireworks event permit

5.             Regulation 162 amended

In regulation 162(1):

(a) delete “applicant —” and insert:

applicant to do 1 or more of the following —

(b)	in paragraph (d) delete “is inadequate;” and insert:
does not comply with the requirements set out in regulation 164(2)(f)(i) to (iii);

6.             Regulation 173 amended

Delete regulation 173(3)(g).

30 June 2022 GOVERNMENT GAZETTE, WA 3905

Dangerous Goods Safety (Explosives) Amendment Regulations 2022

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7.             Regulation 192 amended

In regulation 192(a) delete “regulation 161 that relates to a
licence referred to in regulation 157(7);” and insert:

regulation 161;

8.             Regulation 194 amended

(1)	Delete regulation 194(1) and insert:
(1) In this regulation —

relevant licence means —

(a)	an explosives manufacture licence; or
(b)	an explosives manufacture (MPU) licence; or
(c)	an explosives storage licence; or
(d)	an explosives transport licence; or
(e)	a fireworks contractor licence.

(2) In regulation 194(2):

(a) delete “a licence” and insert:

a relevant licence

(b) delete “that relates to” and insert:

for the purposes of

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(3) In regulation 194(3):

(a) delete “a licence,” and insert:

a relevant licence,

(b) delete “that relates to” and insert:

for the purposes of

(4)	In regulation 194(3) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(5)	In regulation 194(4):

(a) delete “a licence” and insert:

a relevant licence

(b) delete “that relates to” and insert:

for the purposes of

(6)	In regulation 194(4) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:

30 June 2022 GOVERNMENT GAZETTE, WA 3907

Dangerous Goods Safety (Explosives) Amendment Regulations 2022

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(7)	Delete regulation 194(5) and insert:
(5) Subregulation (6) applies if a person works at a

place —

(a)	to which an explosives manufacture licence or explosives storage licence relates; or
(b)	where the loading or unloading of explosives in connection with transporting them is carried out in connection with an explosives transport licence.

(6)	The person must comply with the explosives management plan for the purposes of the explosives manufacture licence, explosives storage licence or explosives transport licence.
Penalty for this subregulation: a level 2 fine.

Note: The heading to amended regulation 194 is to read:

Duties in respect of explosives management plan

9.             Regulation 197 amended

In regulation 197 in the Table delete “r. 194(5)” and insert:

r. 194(6)

V. MOLAN, Clerk of the Executive Council.