Dangerous Goods Safety (Explosives) Amendment Regulations (No. 2) 2009 (WA)

24 November 2009 GOVERNMENT GAZETTE, WA 4737

MINERALS AND PETROLEUM

A113301*

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Explosives) Amendment Regulations (No. 2) 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Dangerous Goods Safety (Explosives) Amendment Regulations (NO. 2) 2009.
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 AE Code.
(2)	In regulation 3 insert in alphabetical order:

AE Code Appendix 6; and

AE Code means the Australian Code for the Transport
of Explosives by Road and Rail, Third Edition 2009,
published by the Commonwealth of Australia
(ISBN 978 0 642 32747 5 or ISBN 978 0 642 32753 6)
(also called the Australian Explosives Code) including

(for the avoidance of doubt) its technical appendices;

5. Regulation 8 amended
Delete regulation 8(2)(a) and "or" after it and insert:

(a) in the AE Code Appendix 2 —

(i)      it is named in an entry in column (2) that is not an entry referred to in the

4738 GOVERNMENT GAZETTE, WA 24 November 2009

(ii)     it is classified as Class 1 in column (3); and

(iii)     it satisfies the criteria in any Special Provision in the AE Code Appendix 3 that is applied to it by column (6); and

(iv)     it satisfies any criteria applied to it by column (12);

or

6.            Regulation 104 amended

Delete regulation 104(2) and (3) and insert:

(2) Subregulation (1) does not apply -

(a)	to the AE Code section 8.2.3(1); or
(b)	to the AE Code section 8.3.4(2); or
(c)	to the AE Code section 8.4.4(1) in so far as it requires the owner of a vehicle that is transporting explosives to ensure the person who is driving it is authorised to do so under the Act; or
(d)	to the AE Code section 8.5.6(2); or
(e)	to a person, other than the prime contractor, in respect of the transport of an explosive named in, and transported in accordance with,

Schedule 7 on a vehicle that is not transporting any other explosive.

(3) Subregulation (2)(a) and (c) do not affect the operation

of regulation 97(3) or section 15 of the Act.

7.            Regulation 106 amended

In regulation 106(2) delete "clause 6.4.2(2)," and insert:

section 6.4.2(2),

8.           Regulation 107 amended

In regulation 107(1) in the definition of placarded vehicle delete
"clause 3.4.1." and insert:

section 3.4.1. 

24 November 2009 GOVERNMENT GAZETTE, WA 4739

9.            Regulation 110 replaced

Delete regulation 110 and insert:

110.	Contravention of certain Pt0isi0ns	of AE Code an
offence

(1) Unless subregulation (2) says otherwise, the following

provisions of the AE Code apply to and in relation to

the transport of an explosive by a vehicle in a mine -

(a) section 8.2.7(3) and -

(i)     for the purposes of that section, Chapter 7; and

(ii)     for the purposes of section 7.2.1(4), Chapter 6;

(b) section 8.3.3(1) and-

(i)     for the purposes of section 8.3.3(1)(a), Chapter 6; and

(ii)     for the purposes of section 8.3.3(1)(b), section 7.2; and

(iii)     for the purposes of section 7.2.1(4), Chapter 6;

(c) section 8.3.6 and, for the purposes of

section 8.3.6(1) and (2), section 3.4;

(d) section 8.3.9(1) and (2).

(2) Despite subregulation (1), the following provisions of

the AE Code do not apply to and in relation to the transport of an explosive by a vehicle in a mine -

(a)	sections 3.4.1(3) and (4), 3.4.2 and 3.4.3;
(b)	sections 6.1.1, 6.3, 6.4.2, 6.4.3 and 6.4.4.

(3) If a provision of the AE Code that, by virtue of subregulations (1) and (2), applies to and in relation to
the transport of an explosive by a vehicle in a mine
requires a person to do or not to do an act and the
person contravenes the provision, the person commits
an offence.
Penalty: a level 2 fine.

10.          Regulation 158 amended

In regulation 158(a) delete "Medical Act 1894," and insert:

Medical Practitioners Act 2008,

4740 GOVERNMENT GAZETTE, WA 24 November 2009

11.          Regulation 162 amended

In regulation 162(1)(e)(i) delete "Medical Act 1894," and insert:

Medical Practitioners Act 2008,

12.          Regulation 206 inserted

At the end of Part 18 insert:

206.	Compliance with AE Code Second Edition a defence until 1 January 2010
(1)	In this regulation — AEC 2 means the Australian Code for the Transport of Explosives by Road and Rail, Second Edition 2000, published by the Commonwealth of Australia (ISBN 0 642 41486 6) including (for the avoidance of doubt) its technical appendices.
(2)	It is a defence to a charge of an offence against these regulations that is constituted by a contravention of a provision of the AE Code and alleged to have occurred
before 1 January 2010 to prove the act or omission alleged would not have contravened AEC 2.

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.