Dangerous Substances (Explosives) Regulation 2004 (ACT)

Case

Dangerous Substances (Explosives) Regulation 2004   

SL2004-10

made under the

Dangerous Substances Act 2004

Republication No 31

Effective:  11 December 2021

Republication date: 11 December 2021

Last amendment made by A2021‑30

About this republication

The republished law

This is a republication of the Dangerous Substances (Explosives) Regulation 2004, made under the Dangerous Substances Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 December 2021It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 December 2021. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Dangerous Substances (Explosives) Regulation 2004

    made under the

    Dangerous Substances Act 2004

    Contents

    Page

    Chapter 1  General

    Part 1.1    Preliminary

    1            Name of regulation  2

    3            Dictionary  2

    4            Notes  2

    5Disapplication of Legislation Act, s 47 (5) 2

    6Offences against regulation—application of Criminal Code etc 3

    Part 1.2    Important concepts

    Division 1.2.1              Explosives and dangerous substances

    7           Meaning of explosive—Act, s 73  4

    8            Meaning of dangerous substance—Act, s 10 (1) (h)  5

    9            Unstable explosives  5

    Division 1.2.2              Classification of explosives

    10          Hazard divisions  6

    11          Compatibility group  7

    12          Classification code  7

    13          Method of classification of explosives  7

    14          Default classification of explosives  8

    15          Detonators, classification 1.4  8

    16          Collective hazard divisions—explosives stored or carried together          9

    17          Hazard division 1.6  11

    18          Classification of articles  12

    Division 1.2.3              Other concepts

    19          Licensing—meaning of application and issue  12

    20          Meaning of ensure  12

    21          References to quantities of explosives  13

    22          Reports to chief officer (fire and rescue service) and chief officer (rural fire service)    13

    22A           Security definitions  14

    Chapter 2  Explosives generally

    Part 2.1    General duties

    23          Misuse of explosives  16

    24          Explosives incidents—reporting damage or injury  17

    25          Loss or theft of explosives—reporting  17

    Part 2.2    Authorisation of explosives

    Division 2.2.1              Preliminary

    26          Authorised explosives—Act, s 73  19

    27          Prohibited explosives—Act, s 73  19

    Division 2.2.2              Ministerial declarations—authorised explosives

    29          Authorisation—Ministerial declarations  20

    Division 2.2.3              Work health and safety commissioner declarations—authorised explosives

    30          Authorisation requests  20

    31          Authorisation—work health and safety commissioner declarations        22

    32          Authorisation decision-making  23

    33          Decision to refuse to authorise—ACAT review  24

    34          Register of authorised explosives  24

    35          End of authorisation  25

    36          Disposal of explosives after authorisation revoked  26

    Part 2.2A   General licence requirements

    40A           Suitable person to hold licence—Act, s 49 (1) (i)  28

    Part 2.3    Packing, labelling and placarding explosives

    41          Application of pt 2.3  29

    42          Interpretation for pt 2.3  29

    43          Correct packing, labelling and placarding—Act, s 14  29

    44          Correct packing for supply—Act, s 14  30

    45          Exceptions—labelling and placarding  30

    Part 2.4    Manufacturing explosives

    Division 2.4.1              Definitions about manufacturing explosives

    46          Manufacturing definitions  32

    47          Meaning of explosive for pt 2.4  34

    Division 2.4.2              Manufacturing licences

    48          Authority to manufacture explosives  34

    49          Person in control of manufacture—Act, s 17 (1) (e)  35

    50          Reasonable steps for manufacture—Act, s 16 (2) (e)  35

    51          Manufacturing licence applications for Act, s 50 (2)—general               36

    51A           Manufacturing licence applications—security plans  37

    52          Manufacturing licence applications for Act, s 50 (2)—factory manufacture 37

    53          Manufacturing licence applications for Act, s 50 (2)—central mixing points and mobile manufacturing units  39

    54          Manufacturing licence applications for Act, s 50 (2)—safety cartridges     40

    55          Manufacturing licence conditions—Act, s 53 (2) (b)  40

    55A           Manufacturing licences—review of security plans  41

    56          Manufacture records  42

    Division 2.4.3              Safety management system

    57          Safety management system requirements  43

    58          Information about safety management systems  44

    Division 2.4.4              Factory manufacture

    59          Application of div 2.4.4—factory manufacture  44

    60          Factory manufacture—notice to fire authorities  45

    61          Separation distances for factories  45

    62          Factory modifications  46

    Division 2.4.5              Central mixing points

    63          Application of div 2.4.5  46

    64          Meaning of explosive mixture controller for div 2.4.5  46

    65          General restrictions  46

    66          Premises and equipment requirements  47

    67          Components to be kept in marked containers  47

    68          Warning notice  47

    69          Other people to keep clear  48

    70          Other explosives to be kept away  48

    71          Fire sources to be kept away  48

    72          Fire precautions at central mixing point  49

    73          Disposal of spills and packaging  49

    74          Cleaning of equipment—general  50

    75          Cleaning of equipment before repairs  50

    76          Storage of unused explosive mixtures  51

    77          Separation distances for central mixing points  51

    Division 2.4.6              ANFO manufacture

    78          Application of div 2.4.6  52

    79          Compliance with AS 2187.2  52

    80          Separation distances for ammonium nitrate stores  53

    Division 2.4.7              Mobile manufacturing units

    81          Application of div 2.4.7  53

    82          Requirements for mobile manufacturing units  54

    83          Operator to stop system  54

    Division 2.4.8              Filling or capping safety cartridges other than at a factory—commercial purposes

    84          Application of div 2.4.8  54

    85          Commercial filling or capping  54

    Division 2.4.9              Filling or capping safety cartridges—non-commercial purposes

    86          Application of div 2.4.9  55

    87          Only authorised explosives to be used  55

    88          Application of commercial filling or capping requirements                   56

    Part 2.5    Importing explosives

    Division 2.5.1              Interpretation

    89          Meaning of import licence  57

    Division 2.5.2              Import licences

    90          Authority to import explosives  57

    91          Explosives for which no import licence required  57

    92          Person in control of import—Act, s 17 (1) (e)  59

    93          Reasonable steps for import—Act, s 16 (2) (e)  59

    94          Import licence applications—Act, s 50 (2)  60

    95          Import licence conditions—Act, s 53 (2) (b)  60

    Division 2.5.3              Import conditions

    96          Notice of import  61

    97          Import records  64

    Part 2.6    Carrying explosives

    Division 2.6.1              Preliminary

    98          Application of pt 2.6  65

    99          Carrying explosives—definitions  65

    Division 2.6.2              Carrying licences

    100         Authority to carry explosives by road  66

    101         Authority to carry explosives by rail  68

    102         Engaging someone else to carry explosives  68

    103         Person in control of carrying explosive—Act, s 17 (1) (e)  69

    104         Reasonable steps for carrying explosives—Act, s 16 (2) (e)                69

    105         Carrying licence applications—Act, s 50 (2)  70

    105A          Carrying licence applications—security plans  71

    106         Carrying licence conditions—Act, s 53 (2) (b)  71

    106A          Carrying licences—review of security plans  73

    Division 2.6.3              Explosives driving licences

    107         Authority for driving vehicle carrying explosives  74

    108         Engaging someone else to drive a vehicle carrying explosives             75

    109         Person in control of driving vehicle carrying explosives—Act, s 17 (1) (e) 75

    110         Reasonable steps for driving vehicle carrying an explosive—Act, s 16 (2) (e)    76

    111         Explosives driving licence applications—Act, s 50 (2)  76

    112         Suitable people to hold explosives driving licences—Act, s 49 (1) (i)      77

    113         Explosives driving licence conditions—Act, s 53 (2) (b)  79

    114         Production of driving authority on request  79

    Division 2.6.4              Australian Explosives Code—carrying and consignment

    115         Australian Explosives Code—carrying explosives  80

    116         Australian Explosives Code—consigning explosives  81

    Division 2.6.5              Road carrying conditions

    117         Route and time restrictions  82

    Division 2.6.6              Rail carrying conditions

    118         Explosives held in rail yards or sidings  82

    119         Separation distances for explosives in rail yards or sidings                 83

    120         Sources of ignition  83

    Part 2.7    Storing explosives

    Division 2.7.1              Preliminary

    121         Application of pt 2.7  84

    122         Storage definitions  84

    123         Meaning of blasting and fireworks storage  86

    124         Meaning of exempt storage  87

    Division 2.7.2              Storage licences

    125         Authority to store explosives  89

    126         Person in control of storing explosives—Act, s 17 (1) (e)  90

    127         Reasonable steps for storage—Act, s 16 (2) (e)  91

    128         Storage licence applications—Act, s 50 (2)  91

    128A          Storage licence applications—security plans  93

    129         Storage licence conditions—Act, s 53 (2) (b)  94

    129A          Storage licences—review of security plans  95

    130         Storage records  95

    Division 2.7.3              Licensable storage—magazines

    131         Application of div 2.7.3  97

    132         Meaning of magazine area  97

    133         Requirement for storage in magazine  97

    134         Licensable storage—notice to fire authorities  97

    135         Separation distances for magazines  98

    136         Construction of magazines  100

    137         Mounding for above-ground magazines  100

    138         Lightning protection  100

    139         Security fencing for above-ground magazines  100

    140         Magazine markings  101

    141         Storage of explosives and essential articles only  101

    142         Storage of more than single compatibility group  101

    143         General operational requirements  102

    144         Packaging of explosives  102

    145         Defective explosives or packages  102

    146         Requirement for materials handling equipment  103

    147         Emergency management  103

    148         Additional fire precautions for magazine areas  103

    149         Security  104

    150         Notices to be posted in magazines  105

    151         Number of persons present at a magazine  105

    152         Night work at magazines  105

    153         Storage in portable magazines—general requirements  106

    154         Maintenance on rooms or buildings where explosives are stored         106

    Division 2.7.4              Special portable magazine storage

    155         Application of div 2.7.4  107

    156         Meaning of licensed premises for div 2.7.4  107

    157         Meaning of special portable magazine storage  108

    158         Special portable magazine storage—separation distance                 109

    159         Special portable magazine storage—signs for premises                   109

    160         Special portable magazine storage—fire precautions  110

    Division 2.7.5              Exempt storage

    161         Application of div 2.7.5  110

    162         Exempt storage—fire precautions  110

    163         Exempt storage requirements—general  111

    164         Storage of safety fuse  111

    Part 2.8    Supplying explosives

    Division 2.8.1              Interpretation

    165         Meaning of supply licence  113

    Division 2.8.2              Supply licences

    166         Authority to supply explosives  113

    167         Person in control of supply—Act, s 17 (1) (e)  113

    168         Reasonable steps for supply—Act, s 16 (2) (e)  114

    169         Supply licence applications—Act, s 50 (2)  114

    170         Supply licence conditions—Act, s 53 (2) (b)  115

    Division 2.8.3              Explosives—supply requirements

    171         Application—div 2.8.3—fireworks  116

    172         Place of supply  117

    173         Display prohibited  117

    174         Supply only to authorised people  117

    175         Supply of defective explosives or packages  118

    176         Supply records  119

    Division 2.8.4              Advertising—supply of explosives

    177         False or misleading statements about authority to supply explosives    120

    Part 2.9    Using explosives

    Division 2.9.1              Preliminary

    178         Application of pt 2.9  122

    179         Using explosives—definitions  122

    Division 2.9.2              Using explosives—general

    180         Authority to use explosives  123

    181         Licence or permit to be produced  123

    182         Use of explosives—responsibilities of person in control  124

    183         Person in control of using explosives—Act, s 17 (1) (e)  124

    184         Reasonable steps for handling explosives for blasting operations—Act, s 16 (2) (e)    125

    Division 2.9.3              Shot-firer licences

    185         Shot-firer licence applications—Act, s 50 (2)  125

    186         Suitable people to hold shot-firer licences—Act, s 49 (1) (i)               126

    187         Shot-firer licence conditions—Act, s 53 (2) (b)  128

    187A          Use records  129

    Division 2.9.4              Blasting permits

    188         Blasting permit applications—Act, s 50 (2)  130

    189         Blast plans  131

    190         Suitable people to hold blasting permits—Act, s 49 (1) (i)                  133

    191         Blasting permit conditions—Act, s 53 (2) (b)  134

    192         Evaluation of blasting operations  135

    Division 2.9.5              Purchase of additional explosives for blasting operations

    193         Application for special purchase authority  136

    194         Issue of special purchase authority  136

    Division 2.9.6              On-site storage by shot-firers

    195         Method of storing explosives at a blasting site  137

    196         Temporary on-site storage  137

    197         Ignition sources at blasting sites  139

    198         Defective explosives  139

    Division 2.9.7              Equipment for blasting operations

    199         Requirement to provide equipment  139

    200         Condition of blasting equipment  139

    201         Equipment used to initiate explosives  139

    202         Labelling, identification and testing of exploders  140

    203         Firing switches, short-circuit switches and switchboxes  140

    Division 2.9.8              Before and after blasting

    204         Shot-firer to take due precautions  141

    205         Blasting warnings—general  141

    206         Audible warning system—general blasting  142

    207         Audible warning system—mines and quarries  142

    208         Control of blasting operations  143

    209         Total fire ban days  143

    210         Firing explosives at night  143

    211         Capping fuses and preparing primers  144

    212         Lowering primers into blast holes  144

    213         Approach of a storm  144

    214         Site preparation  145

    215         Blasting equipment precautions  146

    216         Blasting preparation  146

    217         Obstruction in blast hole  147

    218         Charging blast holes using pumpable or free-flowing explosives          148

    219         Precautions after blast  148

    220         Inspection of site at end of shift  149

    Division 2.9.9              Electrical firing

    221         Use of exploders  149

    222         Use of mains firing  150

    223         Electrical firing—testing of components  151

    224         Electrical firing—safe location of firing position  152

    225         Electrical firing—precautions during charging  152

    226         Electric firing near source of electric power  153

    227         Electric detonators near radiation source  154

    228         Electronic detonator firing  154

    Division 2.9.10            Other blasting procedures

    229         Safety fuse firing  154

    230         Use of detonating cord  156

    231         Signal tube firing  157

    232         Use of ANFO  157

    233         Dealing with butts  158

    234         Bulling charges  158

    235         Charging and firing charges  159

    Division 2.9.11            Misfire precautions

    236         Meaning of misfire  159

    237         Immediate action after a misfire  159

    238         Misfire not to be left unattended  160

    239         Location of misfire  161

    240         Electrical tests for misfire  161

    241         No removal of cartridged explosive  161

    242         Blasting strategy to deal with misfire  161

    243         Misfire when electric detonator used  163

    244         Misfire when signal tube detonator used  163

    245         Work not to restart until safe  164

    246         Misfires that cannot be treated according to requirements                 164

    Division 2.9.12            Special blasting operations

    247         Blasting underwater  165

    248         Hot-material and high-temperature blasting  165

    249         Demolition of buildings and other structures  166

    Part 2.10   Disposal of explosives

    250         Meaning of dispose  167

    251         Application of pt 2.10  167

    252         Authority to dispose of explosives  167

    253         Conditions for disposal of explosives—Act, s 53 (2) (b)  168

    254         Discarding explosives  168

    255         Safe disposal of explosives—AS 2187.2  168

    256         Safe disposal of explosives—general rules  169

    257         Safe disposal of explosives—inspector’s instructions  169

    258         Disposal records  169

    Chapter 3  Fireworks

    Part 3.1    Kinds of fireworks

    259         General use fireworks  171

    260         Controlled fireworks  172

    261         Prohibited fireworks  173

    Part 3.2    General use fireworks

    262         General use fireworks—ch 3 does not apply  175

    263         Use in accordance with instructions  175

    Part 3.3    Controlled fireworks

    264         Use of controlled fireworks  176

    Part 3.4    Fireworks displays

    Division 3.4.1              Preliminary

    298         Application of pt 3.4  177

    299         Fireworks display definitions  177

    Division 3.4.2              Using fireworks for fireworks displays—general

    300         Authority to use fireworks for fireworks displays  178

    301         Operator licence or display permit to be produced  179

    302         Reasonable steps for supplying and storing fireworks—Act, s 16 (2) (e) 179

    303         Person in control of fireworks displays—Act, s 17 (1) (e)                   180

    Division 3.4.3              Display operator licences

    304         Display operator licence applications—Act, s 50 (2)  180

    305         Suitable people to hold display operator licences—Act, s 49 (1) (i)  181

    306         Display operator licence conditions—Act, s 53 (2) (b)  183

    Division 3.4.4              Fireworks display permits

    307         Fireworks display permit applications—Act, s 50 (2)  183

    308         Suitable people to hold fireworks display permits—Act, s 49 (1) (i)       185

    309         Fireworks display permits—prescribed conditions for Act, s 53 (2) (b)     186

    310         Insurance requirements  187

    311         Multiple fireworks displays—general  187

    312         Multiple fireworks displays—theatrical events etc  187

    313         Time and place restrictions for outdoor displays  188

    314         Work health and safety commissioner approval of fireworks displays—special celebrations    188

    Division 3.4.5              Notification of outdoor fireworks displays

    315         Application of div 3.4.5  189

    316         Public notice for outdoor displays  189

    317         Notification of police, fire and emergency services about outdoor displays 189

    Division 3.4.6              Management of fireworks displays—general

    318         Application of div 3.4.6  190

    319         Supervision—fireworks displays  190

    320         Fire protection—fireworks displays  190

    321         Sources of ignition—fireworks displays  191

    322         Keys for electrical firing—fireworks displays  191

    323         Clean up—fireworks displays  192

    324         Malfunctions—fireworks displays  192

    325         Reporting on displays  192

    Division 3.4.7              Management of outdoor displays

    326         Application of div 3.4.7  193

    327         Separation distances—outdoor displays  194

    328         Barriers—outdoor displays  196

    329         On-site storage—outdoor displays  196

    330         Firing aerial shells—outdoor displays  198

    331         Mortar requirements—outdoor displays  198

    332         Supporting structures—outdoor displays  199

    333         Prevention of cross ignition—outdoor displays  199

    333A          Exemption—outdoor displays—Act, s 217 (1) (b)  199

    Division 3.4.8              Miscellaneous

    334         Use of theatrical fireworks  200

    335         Use of flash powder for fireworks displays  201

    336         Use of Chinese firecrackers  202

    Schedule 2 Safety management systems  204

    2.1          Elements of the safety management system  204

    2.2          Safety policy and safety objectives  205

    2.3          Organisational structure and personnel  205

    2.4          Operational controls  206

    2.5          Management of change  207

    2.6          Performance monitoring  207

    2.7          Audit  208

    Dictionary209

    Endnotes

    1            About the endnotes  226

    2            Abbreviation key  226

    3            Legislation history  227

    4            Amendment history  231

    5            Earlier republications  243

    Dangerous Substances (Explosives) Regulation 2004

    made under the

    Dangerous Substances Act 2004

    Chapter 1General

    Part 1.1Preliminary

    1. Name of regulation

      This regulation is the Dangerous Substances (Explosives) Regulation 2004.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

      For example, the signpost definition ‘road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.’ means that the term ‘road’ is defined in that dictionary and the definition applies to this regulation.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Disapplication of Legislation Act, s 47 (5)

      The Legislation Act, section 47 (5) does not apply in relation to the following instruments applied, adopted or incorporated under this regulation:

      (a)an Australian Standard;

      (b)Assessing Fitness to Drive;

      (c)the UN Test Manual.

    5. Offences against regulation—application of Criminal Code etc

      Other legislation applies in relation to offences against this regulation.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 1.2Important concepts

    Division 1.2.1           Explosives and dangerous substances

    1. Meaning of explosive—Act, s 73

      (1)In the Act (including this regulation):

      explosive means a dangerous substance that is—

      (a)an explosive substance, or an explosive article, as defined in subsection (3); or

      (b)an explosive substance, or an explosive article, within the meaning of the UN Test Manual; or

      (c)a substance or article listed as class 1, or as having a subsidiary risk of class 1, in the Australian Explosives Code, appendix 2; or

      (d)a substance or combination of substances, or an article, determined by the Minister to be an explosive; or

      (e)a firework.

      NoteDangerous substance is defined in the Act, s 10. See also s 8, which expands that definition.

      (2)A determination by the Minister under subsection (1) (d) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (3)In subsection (1), definition of explosive, paragraph (a):

      explosive article means an article containing 1 or more explosive substances.

      explosive substance

      (a)means a solid or liquid substance, or a mixture of substances, that is in itself capable by chemical reaction of producing gas at such a temperature and pressure, and at such a speed, as to cause damage to the surroundings; and

      (b)includes a pyrotechnic substance, even if the pyrotechnic substance does not evolve gas.

    2. Meaning of dangerous substance—Act, s 10 (1) (h)

      (1)In the Act (including this regulation):

      dangerous substance includes an unstable explosive article or substance.

      (2)A firework is a dangerous substance.

    3. Unstable explosives

      (1)In this regulation:

      unstable explosive article or substance means an explosive article or explosive substance that is rejected for classification into hazard division 1.1 to 1.6 under the UN Test Manual because it is thermally unstable or too dangerous to transport.

      (2)In this section:

      explosive article—see section 7 (3).

      explosive substance—see section 7 (3).

    Division 1.2.2           Classification of explosives

    1. Hazard divisions

      (1)In this regulation:

      hazard division, of an explosive, means—

      (a)the hazard division of the explosive under this section; or

      (b)if the explosive is stored or carried with an explosive of a different hazard division under this section—the collective hazard division worked out under section 16.

      (2)Explosives may be classified into hazard divisions as follows:

      (a)hazard division 1.1—explosives that have a mass explosion hazard;

      (b)hazard division 1.2—explosives that have a projection hazard, but not a mass explosion hazard;

      (c)hazard division 1.3—explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard;

      (d)hazard division 1.4—explosives that present only a small hazard if ignited or initiated, with the effects largely confined to the package, and no expected projection of fragments of appreciable size or range;

      (e)hazard division 1.5—very insensitive explosive substances that have a mass explosion hazard;

      (f)hazard division 1.6—very insensitive explosive articles that do not have a mass explosion hazard.

    2. Compatibility group

      In this regulation:

      compatibility group, of an explosive, means the letter showing the compatibility group for the explosive under the Australian Explosives Code.

      NoteThe explosives that can and cannot be safely carried or stored together may be worked out by reference to their compatibility group.

    3. Classification code

      In this regulation:

      classification code, of an explosive, means a code consisting of the explosive’s hazard division number followed by its compatibility group.

      Example

      The hazard division for an explosive article containing only extremely insensitive detonating substances is 1.1. The article’s compatibility group is D. Its classification code is 1.1D.

    4. Method of classification of explosives

      (1)Subject to section 14 (Default classification of explosives), the classification of an explosive must be worked out by an independently verified test carried out in accordance with the UN Test Manual.

      (2)If the classification of an explosive for this regulation is worked out by a test under subsection (1), the classification only applies when the explosive—

      (a)is packaged (or not packaged) as it was when tested; and

      (b)is in the form it was in when tested.

    5. Default classification of explosives

      (1)This section applies if the classification of an explosive has not been worked out by an independently verified test carried out in accordance with the UN Test Manual.

      (2)The classification of the explosive is taken to be hazard division 1.1, unless the explosive is a firework to which subsection (3) applies.

      (3)If the Minister determines criteria for working out the classification of a firework for this section the hazard division of the firework is taken to be the hazard division worked out in accordance with the criteria.

      (4)A determination by the Minister under subsection (3) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (5)This section does not apply to an unstable explosive article or substance.

    6. Detonators, classification 1.4

      For this regulation, a detonator that would otherwise be of classification code 1.4B or 1.4S is taken to be of classification code 1.1B if it is not in its original unopened packaging.

    7. Collective hazard divisions—explosives stored or carried together

      (1)For this regulation, and for any instrument applied, adopted or incorporated under this regulation, if explosives of 2 or more different hazard divisions are stored or carried together, the hazard division of the explosives (the collective hazard division) must be worked out in accordance with this section.

      (2)The collective hazard division of explosives of 2 different hazard divisions (primary hazard divisions) is the hazard division shown in table 16 at the intersection of the row and column corresponding to the primary hazard divisions of each of the explosives.

    Table 16Collective hazard divisions

    column 1

    item

    column 2

    primary hazard division

    column 3

    1.1

    column 4

    1.2

    column 5

    1.3

    column 6

    1.4

    column 7

    1.5

    column 8

    1.6

    1 1.1 1.1 1.1 1.1 1.1 1.1 1.1
    2 1.2 1.1 1.2 1.1 1.2 1.1 1.2
    3 1.3 1.1 1.1 1.3 1.3 1.1 1.3
    4 1.4 1.1 1.2 1.3 1.4 1.5 1.6
    5 1.5 1.1 1.1 1.1 1.5 1.5 1.5
    6 1.6 1.1 1.2 1.3 1.6 1.5 1.6

    (3)The collective hazard division of explosives of more than 2 different primary hazard divisions is the hazard division (the final collective hazard division) worked out as follows:

    (a)step 1—work out the collective hazard division (the initial collective hazard division) of any 2 of the different primary hazard divisions in accordance with subsection (2);

    (b)step 2—work out the collective hazard division (the subsequent collective hazard division) of a 3rd different primary hazard division and the initial collective hazard division, in accordance with subsection (2);

    (c)further steps (if necessary)—continue working out subsequent collective hazard divisions in the same way as in step 2 until all different primary hazard divisions have been considered;

    (d)final step—the final collective hazard division is the subsequent collective hazard division worked out when the last different primary hazard division has been considered.

    1. Hazard division 1.6

      (1)For this regulation, if different kinds of explosive articles of hazard division 1.6 are stored or carried together, their collective hazard division is taken to be hazard division 1.1, unless subsection (2) applies.

      (2)The collective hazard division of the explosive articles may be treated as hazard division 1.6 if the person seeking to treat them in that way establishes that it is proved by testing or analogy that there is no additional risk of sympathetic detonation between the articles.

    2. Classification of articles

      For this regulation, if an explosive substance is securely contained within an explosive article—

      (a)the substance is taken to be a part of the article; and

      (b)the substance is taken not to be an independent explosive.

    Division 1.2.3           Other concepts

    1. Licensing—meaning of application and issue

      In this regulation:

      application, for a licence authorising the handling of explosives, includes an application for the amendment of the licence to give the applicant a new handling authority for the explosives.

      issue, of a licence giving the licensee a particular kind of handling authority, includes the amendment of a licence to give the licensee that kind of handling authority in addition to another kind or kinds of handling authority given by the licence.

      NoteThe following terms are defined in the Act as follows:

      ·     handle a dangerous substance (including an explosive) means to deal with the substance in a wide variety of ways (see Act, s 11)

      ·     handling authority is a kind of handling of a dangerous substance that is authorised by a licence (see Act, s 56 (1) (d))

      ·     licence is a licence issued under the Act (see Act, dict).

    2. Meaning of ensure

      (1)This section applies if a provision of this regulation requires a person to ensure that something is or is not done in relation to an explosive.

      (2)The requirement is satisfied if the person takes reasonable steps to eliminate the hazards, and eliminate or minimise the risks, that might result if the requirement were not met.

      (3)Subsection (2) does not limit the ways in which the requirement may be satisfied.

      NoteThe following terms are defined in the Act:

      ·     hazard (see s 15 (1))

      ·     risk (see s 15 (2))

      ·     reasonable steps (see s 16).

    3. References to quantities of explosives

      (1)In this regulation, a reference to a quantity of explosive by weight is a reference to the gross quantity of the explosive (including the packaging), unless the NEQ of the explosive is expressly referred to.

      NoteNEQ is the net explosive quantity (see dict, def NEQ).

      (2)In the following standards, as applied by this regulation, a reference to the NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including the packaging):

      (a)AS 2187.0;

      (b)AS 2187.1;

      (c)AS 2187.2;

      (d)AS 2187.4.

    4. Reports to chief officer (fire and rescue service) and chief officer (rural fire service)

      (1)This section applies if this regulation is expressed to require information (including a notice or report) to be given to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate.

      (2)If the information relates to explosives that may present a hazard or risk in a built-up area, the information must be given to the chief officer (fire and rescue service).

      (3)If the information relates to explosives that may present a hazard or risk in a rural area, the information must be given to the chief officer (rural fire service).

      (4)If the information relates to explosives that may present a hazard or risk in both a built-up area and a rural area, the information must be given to both the chief officer (fire and rescue service) and the chief officer (rural fire service).

      (5)In this section:

      built-up area—see the Emergencies Act 2004, section 6A.

      rural area—see the Emergencies Act 2004, section 6B.

    22ASecurity definitions

    In this regulation:

    adverse security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.

    close associate, of a person—see the Act, section 48.

    qualified security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.

    security cleared responsible person—a person is a security cleared responsible person in relation to an explosive if—

    (a)the person is a responsible person for the explosive; and

    (b)the person is an adult; and

    (c)an adverse security assessment or qualified security assessment has not been given in relation to the person or a close associate of the person; and

    (d)the person has not been convicted or found guilty in the ACT or elsewhere within the previous 5 years of an offence involving—

    (i)a dangerous substance; or

    (ii)a firearm; or

    (iii)actual or threatened violence; or

    (iv)fraud or dishonesty.

    NoteThe Act, s 18 defines a responsible person for a dangerous substance (including an explosive) as a person in control of the handling of the substance, premises where the substance is handled, or plant or a system for handling the substance.

    security plan, for a licence, means a security plan for handling an explosive under the licence—

    (a)in the form required to be included in an application for the licence; and

    (b)as amended from time to time under this regulation.

    security risk assessment, in relation to the handling of an explosive, means a written assessment that identifies and assesses the security risks (external and internal) associated with the handling of the explosive.

    unsupervised access—a person has unsupervised access to an explosive if the person has access to the explosive when not under the supervision of a person who—

    (a)holds a licence for this regulation; or

    (b)is a security cleared responsible person.

    Chapter 2Explosives generally

    Part 2.1General duties

    1. Misuse of explosives

      (1)A person commits an offence if—

      (a)the person

      (i)uses an explosive in a way that produces an explosive effect; or

      (ii)modifies an explosive so that it can produce an explosive effect; and

      (b)the explosive was not designed to produce that explosive effect.

      Maximum penalty:  30 penalty units.

      (2)In a prosecution for an offence against subsection (1), if the explosive is an authorised explosive, an entry in the register describing the explosive effect for which the explosive is designed is evidence of that fact.

      (3)This section does not apply if the person is authorised under a licence or this regulation to use or modify the explosive in the way mentioned in subsection (1) (a).

      (4)An offence against this section is a strict liability offence.

    1. Explosives incidents—reporting damage or injury

      (1)If someone is injured or dies, or property is damaged, as a direct or indirect result of an explosion, fire or other incident involving explosives (including injury or damage resulting from the ignition or firing of fireworks) a responsible person for the explosives must—

      (a)if there is a fire, immediately notify the incident to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate; and

      (b)without delay, tell the work health and safety commissioner and a police officer about the incident; and

      (c)if asked by an inspector, within 48 hours after the request give a report of the incident to the inspector setting out the details of the incident and the injury or damage.

      Maximum penalty:  30 penalty units.

      NoteResponsible person, for a dangerous substance (including an explosive) is defined in the Act, s 18.

      (2)If there are 2 or more responsible people for the explosives, compliance by any 1 or more of them with subsection (1) is taken to be sufficient compliance with this section.

      (3)An offence against this section is a strict liability offence.

    2. Loss or theft of explosives—reporting

      (1)A responsible person for an explosive, on becoming aware of an incident of theft or loss at premises where the explosive is stored, must—

      (a)without delay, tell the work health and safety commissioner and a police officer about the incident; and

      (b)as soon as practicable, give a written report to the work health and safety commissioner setting out the details of the incident and describing the kind and amount of any explosives lost or stolen.

      Maximum penalty:  30 penalty units.

      Note 1Premises are defined in the Act, dict, to include land, structures and vehicles.

      Note 2Responsible person, for a dangerous substance (including an explosive) is defined in the Act, s 18.

      (2)This section does not apply to explosives that are general use fireworks.

      (3)An offence against this section is a strict liability offence.

      (4)In this section:

      incident of theft or loss, at premises, means—

      (a)the theft or loss of explosives from the premises; or

      (b)a break-in to the premises; or

      (c)an attempt to do something mentioned in paragraph (a) or (b).

    Part 2.2Authorisation of explosives

    Division 2.2.1           Preliminary

    1. Authorised explosives—Act, s 73

      (1)In this regulation—

      authorised explosive means—

      (a)an explosive declared by the Minister or the work health and safety commissioner under this part to be authorised; or

      (b)a general use firework; or

      (c)ANFO, if it is manufactured under a shot-firer licence, in accordance with the prescribed condition of the licence mentioned in section 187 (1) (c).

      (2)An authorised explosive is a controlled dangerous substance for the Act.

    2. Prohibited explosives—Act, s 73

      (1)The following explosives are prohibited explosives for the Act:

      (a)an explosive declared by the Minister;

      (b)any other explosive that is not an authorised explosive.

      (2)A declaration by the Minister for subsection (1) (a) is a disallowable instrument.

      Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      Note 2A prohibited explosive is a prohibited dangerous substance for the Act (see Act, s 73, def prohibited dangerous substance, par (a)).

      Note 3A prohibited firework cannot be an authorised explosive (see s 29 (2) and s 31). Prohibited fireworks are those mentioned in s 262.

    Division 2.2.2           Ministerial declarations—authorised explosives

    1. Authorisation—Ministerial declarations

      (1)The Minister may declare an explosive to be authorised.

      (2)However, the Minister must not declare a prohibited firework to be authorised.

      (3)A declaration for an explosive must not mention the composition, quality or character of the explosive.

      (4)A declaration is a disallowable instrument.

      Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      Note 2The work health and safety commissioner may also declare an explosive to be authorised (see s 31).

    Division 2.2.3           Work health and safety commissioner declarations—authorised explosives

    1. Authorisation requests

      (1)A person may ask the work health and safety commissioner, in writing, to authorise an explosive.

      Note 1If a form is approved under the Act, s 222 for a request, the form must be used.

      Note 2A fee may be determined under the Act, s 221 for this section.

      (2)The following information and documents must accompany the request:

      (a)the person’s name and contact details;

      (b)a description of the explosive, including each of the following:

      (i)the explosive’s name;

      (ii)the explosive’s composition, formulation, NEQ and (for a firework) pyrotechnic composition;

      (iii)the explosive’s UN number and classification code, if known and unless it is an unstable explosive article or substance;

      (iv)for explosive articles—a diagram showing the construction of the explosive (for example, a cutaway drawing showing each component);

      (c)the use for which the explosive is intended;

      (d)the following details about the explosive’s manufacture or import:

      (i)if the explosive is manufactured in Australia—the name, address and ABN number of the manufacturer who is to supply the explosive;

      (ii)if the explosive is manufactured outside Australia—the name of the manufacturer and the name, address and ABN number of the importer who is to supply the explosive;

      (e)details of any performance and testing of the explosive, in accordance with the UN Test Manual;

      (f)if the explosive is to be handled in a packaged form—details about the packaging including the following:

      (i)the method of marking the packaging;

      (ii)the number of explosives in each form of packaging in which the explosive is handled;

      (iii)the results of any testing of the packaging under the Australian Explosives Code, and any approval number assigned to the packaging under the code;

      (g)a copy of a safety data sheet for the explosive, or equivalent information if no safety data sheet is available;

      (h)any other information or documents required by a form for the request approved under the Act, section 222.

      (3)However, if the request is for temporary authorisation of an explosive for manufacture and field trials, the request—

      (a)must be accompanied by a statement of—

      (i)the reason for seeking temporary authorisation; and

      (ii)the period for which temporary authorisation is sought; and

      (b)may omit any information or documents otherwise required by subsection (2) if they cannot be included because of the nature of the request.

      NoteIf the UN number and classification code, and details of any performance and testing of the explosive in accordance with the UN Test Manual, is unavailable for an explosive for which authorisation is sought, the explosive will be assigned a default classification under s 14.

      (3)The work health and safety commissioner may exercise the same powers in relation to a request for the authorisation of an explosive as the work health and safety commissioner may exercise in relation to an application for a licence under the Act, section 51 (Power to ask for information from applicants, licensees and others).

    2. Authorisation—work health and safety commissioner declarations

      (1)On a request under section 30, the work health and safety commissioner may declare an explosive to be authorised.

      NoteThe Minister may also declare an explosive to be authorised (see s 29).

      (2)A declaration for an explosive must not mention the composition, quality or character of the explosive.

    3. Authorisation decision-making

      (1)Before making a declaration under section 31, the work health and safety commissioner must—

      (a)define the composition, quality and character of the explosive; and

      (b)assign a classification code to the explosive, unless the explosive is an unstable explosive article or substance.

      NoteSection 13 (Method of classification of explosives) and s 14 (Default classification of explosives) deal with the method of classification to be applied here.

      (2)The work health and safety commissioner may refuse a request for authorisation if any required information, or any required document, is not given with the request.

      (3)The work health and safety commissioner must not authorise an explosive if—

      (a)the explosive is a prohibited firework; or

      (b)for any explosive—

      (i)the explosive is declared by the Minister to be a prohibited explosive for the Act, under section 27; or

      (ii)the work health and safety commissioner is satisfied that the authorisation of the explosive would be inconsistent with the purpose stated in the Act, section 6 (1); or

      (iii)the explosive does not meet any criteria determined by the Minister by notice.

      NoteThe Act, s 6 (1) states that the purpose of the Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances. Explosives are dangerous substances (see s 7).

      (4)A determination by the Minister for subsection (3) (b) (iii) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    4. Decision to refuse to authorise—ACAT review

      (1)A decision of the work health and safety commissioner to refuse a request for authorisation is a reviewable decision for the Act, section 186, definition of reviewable decision, paragraph (b).

      NoteThe effect of this subsection is to make the decision reviewable by the ACAT.  See the Act, ch 9 for the relevant procedures.

      (2)The person requesting authorisation is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review).

    5. Register of authorised explosives

      (1)The work health and safety commissioner must keep a register of authorised explosives.

      (2)The register must include the following information about each authorised explosive:

      (a)its name;

      (b)a manufacturer or importer of the explosive, if identifiable;

      (c)its composition, quality and character;

      (d)a description of its explosive effect;

      (e)its UN number and classification code, unless it is an unstable explosive article or substance;

      (f)if it is an unstable explosive article or substance—the nature of its instability;

      (g)if the authorisation is temporary—the period of authorisation;

      (h)a unique authorisation number.

      (3)The register is open to inspection only by the work health and safety commissioner or a person authorised by the work health and safety commissioner.

      (4)However, the work health and safety commissioner must give a list of authorised explosives to anyone who asks for it.

      (5)The list must not mention the composition, quality or character of the explosives listed.

    6. End of authorisation

      (1)The authorisation of an explosive ends—

      (a)for a temporary authorisation—at the end of the period of authorisation; or

      (b)for any explosive—if it is revoked under this section.

      (2)The work health and safety commissioner may revoke the authorisation of an explosive—

      (a)at the written request of the person at whose request the explosive was authorised; or

      (b)at the written request of a manufacturer of the explosive; or

      (c)if satisfied that the explosive, as currently handled in the ACT, no longer has the composition, quality or character registered for the explosive under section 34.

      (3)A decision of the work health and safety commissioner to revoke the authorisation of an explosive is a reviewable decision for the Act, section 186, definition of reviewable decision, paragraph (b).

      NoteThe effect of this subsection is to make the decision reviewable by the ACAT.  See the Act, ch 9 for the relevant procedures.

      (4)The person at whose request the explosive was authorised is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review).

      (5)As soon as practicable after the end of the authorisation of an explosive, the work health and safety commissioner must amend the register accordingly.

    7. Disposal of explosives after authorisation revoked

      (1)If the work health and safety commissioner intends to revoke the authorisation of an explosive, the work health and safety commissioner must, no later than 4 weeks before the intended date of revocation, give each person in the ACT known to be handling the explosive written notice of that intention (a notice of revocation) stating that the person is required to dispose of the explosive on or before the intended date of revocation by—

      (a)destroying the explosive; or

      (b)removing it from the ACT.

      (2)If a person fails to comply with the notice of revocation, the work health and safety commissioner may take whatever steps are necessary and reasonable to dispose of the explosive under the person’s control.

      (3)The reasonable costs of the disposal of an explosive under subsection (2) are a debt owing to the Territory by the person who failed to comply with the notice.

      (4)A person to whom a notice of revocation is given must comply with the notice.

      Maximum penalty:  30 penalty units.

      (5)A person to whom a notice of revocation is given must ensure that the explosive that is the subject of the notice is not—

      (a)used; or

      (b)supplied to anyone else, unless the supply is for the purpose of removing the explosive from the ACT.

      Maximum penalty:  30 penalty units.

      (6)An offence against this section is a strict liability offence.

    Part 2.2AGeneral licence requirements

    40ASuitable person to hold licence—Act, s 49 (1) (i)

    For the Act, the matters the work health and safety commissioner must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a licence to handle an explosive include—

    (a)whether an adverse security assessment or qualified security assessment has been given in relation to—

    (i)the person or a close associate of the person; or

    (ii)if the person is a corporation—an officer of the corporation or a close associate of an officer of the corporation; and

    (b)if the person is an individual, whether the person is—

    (i)an adult; or

    (ii)for an explosives driving licence—at least 21 years old.

    Note 1For par (b) (ii), see s 112 (1) (a).

    Note 2For working out who is a suitable person to be issued with a licence, see also the Act, s 49 (1) (a) to (h), and the following sections of this regulation:

    ·     s 112 (Suitable people to hold explosives driving licences—Act, s 49 (1) (i))

    ·     s 190 (Suitable people to hold blasting permits—Act, s 49 (1) (i))

    ·     s 305 (Suitable people to hold display operator licences—Act, s 49 (1) (i))

    ·     s 308 (Suitable people to hold fireworks display permits—Act, s 49 (1) (i)).

    Note 3Additional criteria apply to the issue of licences (see Act, pt 4.2).

    Part 2.3Packing, labelling and placarding explosives

    1. Application of pt 2.3

      This part applies to the following:

      (a)the packing of explosives;

      (b)the labelling or placarding of packages, unit loads and intermediate bulk containers of explosives.

    2. Interpretation for pt 2.3

      (1)A term used in this part has the same meaning as in the Australian Explosives Code.

      (2)However, in the Australian Explosives Code as applied by this part—

      (a)a marking on an explosive (or a package of an explosive) is a placard or label; and

      (b)an explosive (or a package of an explosive) is marked if it is placarded or labelled.

    3. Correct packing, labelling and placarding—Act, s 14

      Subject to section 45, for the Act, section 14, an explosive is correctly packed, labelled or placarded if—

      (a)it is packed, labelled or placarded in accordance with the Australian Explosives Code; and

      (b)in relation to the packing of any explosive—the packaging is clean and free from grit.

      Note 1See Australian Explosives Code, ch 3 (Marking of packages, vehicles and transport containers) and ch 5 (Packaging, IBCs and unit loads for explosives).

      Note 2A manufacturer, importer or supplier of an explosive may commit an offence against the Act, s 26, 27 or 28 if the explosive is not correctly packed, labelled or placarded as provided by this section.

    4. Correct packing for supply—Act, s 14

      If an explosive is supplied in a packaged form, for the Act, section 14, it is not correctly packed unless—

      (a)the package is appropriate for the kind of explosive; and

      (b)the package prevents the explosive from escaping from the package; and

      (c)for an explosive of classification code 1.1D or 1.5D—the explosive is supplied—

      (i)as far as practicable, in its original package; and

      (ii)without cutting or breaking its cartridge.

    5. Exceptions—labelling and placarding

      However, section 43 does not apply to the labelling or placarding of explosives in the following circumstances:

      (a)for explosives that are within the boundaries of premises where they are being manufactured, if the explosives are—

      (i)in the process of being manufactured, or are semifinished; or

      (ii)in containers clearly and conspicuously marked with the name of the contents, and are intended for use at the premises;

      (b)for an explosive that is at a place where it is intended to be used for a blasting operations—

      (i)if section 76 (Storage of unused explosive mixtures) and section 196 (Temporary on-site storage) are complied with; or

      (ii)if the explosive is manufactured at that place;

      (c)for any of the following explosives, if they are in a quantity of not more than 5kg, and are stored or carried by an individual for the individual’s personal use:

      (i)safety cartridges;

      (ii)distress signals;

      (iii)general use fireworks.

    Part 2.4Manufacturing explosives

    Division 2.4.1           Definitions about manufacturing explosives

    1. Manufacturing definitions

      (1)In this regulation:

      central mixing point, for an explosive mixture, means a structure or place at a mine, quarry, construction or other site where the mixture is prepared for use at or near the site, but does not include a factory.

      explosive mixture means a mixture of an oxidising agent and a fuel component, if the mixture is an authorised explosive.

      NoteFor the meaning of fuel component and oxidising agent, see s (2).

      factory

      (a)means premises, other than a mobile manufacturing unit, used or intended to be used for the manufacture of an explosive, or a purpose related to that manufacture; and

      (b)includes land used, or intended to be used, for the disposal of explosives or waste materials.

      filling or capping, in relation to safety cartridges, includes—

      (a)filling an explosive powder and projectiles into safety cartridge cases; and

      (b)filling an explosive powder into safety cartridge cases; and

      (c)capping safety cartridge cases.

      manufacture, of explosives, means—

      (a)the manufacture of the explosives at a factory; or

      (b)the manufacture of ammunition at a factory, including the filling and capping of safety cartridges at the factory; or

      (c)the manufacture of explosive mixtures at the point of application or use; or

      (d)the filling or capping of safety cartridges for a commercial purpose other than at a factory.

      Note 1Manufacture (a dangerous substance) is also defined in the Act, dict. Explosives are dangerous substances. This definition qualifies the definition in the Act.

      Note 2Div 2.4.9 imposes obligations on individuals filling or capping safety cartridges for non-commercial purposes.

      manufacturing licence, for explosives, means a licence issued for this part authorising the manufacture of explosives.

      NoteLicences are issued under the Act (see Act, dict, def licence).

      mobile manufacturing unit means a vehicle or other mobile unit used for the manufacture of explosives.

      NoteThis applies the definition used in AS 2187.0. In AS 2187.0, AS 2187.1 and AS 2187.2, the term mobile manufacturing unit is used interchangeably with the terms MMU and mobile mixing unit.

      modification, of a factory or safety management system, means a change to the factory or system that has the effect of creating a new hazard or increasing the risk associated with an existing hazard, and includes—

      (a)a change to any plant, building, storage facility or process, including the introduction of a new plant process; and

      (b)a change to the quantity of explosives present or likely to be present, including the introduction of any new explosive material; and

      (c)a change to the quantity of any dangerous substances present or likely to be present, including the introduction of a new dangerous substance; and

      (d)for a safety management system—a change to the system.

      point of application or use, of an explosive, includes—

      (a)a central mixing point for the explosive; and

      (b)a mobile manufacturing unit for the explosive.

      (2)For subsection (1), definition of explosive mixture:

      fuel component

      (a)means—

      (i)a combustible granular solid; or

      (ii)a clean oil, fuel oil or other oil that has a closed-cup flashpoint of 60.5°C or higher; and

      (b)includes a compatible dye or sensitising agent.

      oxidising agent includes—

      (a)a granular solid of class 5.1; and

      (b)an aqueous gel, or emulsion, of class 5.1.

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    5 Apr 2004
    5 Apr 2004–
    30 June 2004
    not amended new regulation
    R2
    1 July 2004
    1 July 2004–
    3 Nov 2004
    A2004‑28 amendments by A2004‑28
    R3
    4 Nov 2004
    4 Nov 2004–
    14 Dec 2004
    A2004‑28 editorial amendments under Legislation Act
    R4
    15 Dec 2004
    15 Dec 2004–
    30 Mar 2005
    SL2004‑56 amendments by SL2004‑56
    R5
    31 Mar 2005
    31 Mar 2005–
    5 Apr 2005
    SL2004‑56 amendments by SL2004‑56
    R6
    6 Apr 2005
    6 Apr 2005–
    29 June 2005
    SL2004‑56 commenced expiry
    R7
    30 June 2005
    30 June 2005–
    20 Oct 2005
    SL2004‑56 amendments by SL2004‑56
    R8
    21 Oct 2005
    21 Oct 2005–
    5 Apr 2006
    SL2005‑28 amendments by SL2005‑28
    R9
    6 Apr 2006
    6 Apr 2006–
    23 Apr 2007
    SL2005‑28 commenced expiry
    R10
    24 Apr 2007
    24 Apr 2007–
    13 May 2008
    SL2007‑6 amendments by SL2007‑6
    R11*
    14 May 2008
    14 May 2008–
    22 Dec 2008
    SL2008‑21 amendments by SL2008‑21
    R12
    23 Dec 2008
    23 Dec 2008–
    1 Feb 2009
    SL2008‑54 amendments by SL2008‑54
    R13
    2 Feb 2009
    2 Feb 2009–
    2 June 2009
    SL2008‑54 amendments by A2008‑37
    R14
    3 June 2009
    3 June 2009–
    26 Aug 2009
    SL2009‑26 amendments by SL2009‑26
    R15
    27 Aug 2009
    27 Aug 2009–
    21 Sept 2009
    SL2009‑43 amendments by SL2009‑43
    R16
    22 Sept 2009
    22 Sept 2009–
    30 Sept 2009
    A2009‑28 amendments by A2009‑20
    R17
    1 Oct 2009
    1 Oct 2009–
    16 Dec 2009
    A2009‑28 amendments by A2009‑28
    R18
    17 Dec 2009
    17 Dec 2009–
    30 Nov 2010
    A2009‑49 amendments by A2009‑49
    R19
    1 Dec 2010
    1 Dec 2010–
    30 June 2011
    A2010‑43 amendments by A2010‑43
    R20
    1 July 2011
    1 July 2011–
    20 Sept 2011
    A2011‑22 amendments by A2011‑22
    R21
    21 Sept 2011
    21 Sept 2011–
    31 Dec 2011
    A2011‑28 amendments by A2011‑28
    R22
    1 Jan 2012
    1 Jan 2012–
    4 June 2012
    A2011‑55 amendments by A2011‑55
    R23
    5 June 2012
    5 June 2012–
    13 Oct 2015
    A2012-21 amendments by A2012-21
    R24
    14 Oct 2015
    14 Oct 2015–
    20 June 2016
    A2015-33 amendments by A2015-33
    R25
    21 June 2016
    21 June 2016–
    28 Aug 2016
    A2016-33 amendments by A2016-33
    R26
    29 Aug 2016
    29 Aug 2016–
    28 Mar 2018
    A2016‑33 amendments by A2016-7
    R27
    29 Mar 2018
    29 Mar 2018–
    21 Nov 2018
    A2018‑8 amendments by A2018‑8
    R28
    22 Nov 2018
    22 Nov 2018–
    29 Apr 2020
    A2018‑42 amendments by A2018‑42
    R29
    30 Apr 2020
    30 Apr 2020–
    22 June 2021
    A2019-38 amendments by A2019-38
    R30
    23 June 2021
    23 June 2021–
    10 Dec 2021
    A2021‑12 amendments by A2021‑12
    Actions
    Download as PDF Download as Word Document


    Cases Citing This Decision

    0

    Cases Cited

    0

    Statutory Material Cited

    0