Dangerous Substances (Safe Handling) Regulations 2009 (TAS)

Dangerous Substances (Safe Handling) Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Substances (Safe Handling) Act 2005 .15 June 2009

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

LISA M. SINGH

Minister for Workplace Relations

PART 1Preliminary1Short titleThese regulations may be cited as the Dangerous Substances (Safe Handling) Regulations 2009 . 2CommencementThese regulations take effect immediately after the Dangerous Substances (Safe Handling) Act 2005 commences. 3Interpretation (1)  In these regulations – Act means the Dangerous Substances (Safe Handling) Act 2005 ; AG means a code or standard published, and as from time to time amended, by – (a) the Australian Gas Association (ABN 98 004 206 044); or (b) the Australian Liquefied Petroleum Gas Association (ABN 11 002 703 951); or (c) by those 2 Associations jointly; AS means a standard published, and as from time to time amended, by – (a) Standards Australia; or (b) Standards Australia and Standards New Zealand jointly, with the prefix AS/NZS; capacity, of a container, means the total volume of the space enclosed within the container in litres or kilolitres; class, of a dangerous substance, means the number assigned to the dangerous substance under the UN Manual of Tests and Criteria; DSL offence means an offence, under these regulations, committed in respect of a DSL; LDSL offence means an offence, under these regulations, committed in respect of an LDSL; major infrastructure includes – (a) roads; and (b) bridges; and (c) infrastructure for gas, water, waste disposal, electricity and communications services; and (d) railways and railway infrastructure; and (e) wharves, jetties and other permanent berthing facilities; and (f) aerodromes; manifest quantity, of any dangerous substance, means the quantity specified for that dangerous substance in column 5 of Schedule 1 of the National Standard; MHF National Code of Practice means the National Code of Practice for the Control of Major Hazard Facilities [NOHSC: 2016(1996)] as from time to time amended; MHF National Standard means the National Standard for the Control of Major Hazard Facilities [NOHSC: 1014(2002)] as from time to time amended; MHF offence means an offence, under these regulations, committed in respect of an MHF; National Code means the National Code of Practice for the Storage and Handling of Workplace Dangerous Goods [NOHSC: 2017(2001)] as from time to time amended; National Standard means the National Standard for the Storage and Handling of Workplace Dangerous Goods [NOHSC: 1015(2001)] as from time to time amended; person includes a body politic; placarding quantity, of any dangerous substance, means the quantity specified for that dangerous substance in column 4 of Schedule 1 of the National Standard; prescribed fee, for any matter, means the fee prescribed for that matter in Schedule 1 ; protected works means any of the following: (a) a residential building; (b) a school or other educational institution; (c) a hospital or other medical institution; (d) a retirement home, aged respite centre or other aged care facility; (e) a church or other place of public worship; (f) a cinema, theatre, concert hall or other place of public entertainment; (g) a public building, public park or other public facility; (h) a building or open area in which people are accustomed to assemble; (i) a factory, workshop, office, warehouse, shop or other building, located outside a DSL, LDSL or MHF, where persons are employed; Relevant Standards means the Standards listed in Schedule 2 ; Tasmania Police means the Police Service as defined in the Police Service Act 2003 . (2)  A note in the text of these regulations is for explanatory purposes only and does not form part of these regulations. 4Calculating, &c., quantity of dangerous substance held at MHF, DSL or other facility in more than one formFor these regulations, the total quantity of a dangerous substance that is held at an MHF, DSL or other facility in more than one form – (a) is to be calculated by adding the total number of kilograms to the total number of litres of the dangerous substance; and (b) may be referred to either in kilograms or litres.

Note 1: When converting volume to mass, the density is required.

Note 2: Gas quantity is calculated according to the water capacity of its container.

Note 3: The manifest quantity or placarding quantity for notifications under the Act is calculated according to the overall capacity of the relevant containers. In the case of a liquid, this means the total capacity of the containers, not their safe refill level.

5Calculating weight of explosivesUnless otherwise provided, a reference in these regulations to a quantity of explosives by weight is taken to be a reference to their net explosive quantity. 6References to "dangerous occurrence" and "near miss" in National StandardFor these regulations – (a) a reference in the National Standard to a dangerous occurrence is taken to be a reference to a dangerous substances emergency; and (b) a reference in the National Standard to a near miss is taken to be a reference to a dangerous situation. 7Inconsistencies between codes, &c., and the regulationsIf a provision of any approved code of practice or of a code, standard, guideline, rule or other document applied, adopted by or incorporated in these regulations is inconsistent with a provisions of these regulations, the provision of these regulations prevails to the extent of the inconsistency. PART 2Prescribed Quantities8Handling of dangerous substances – quantity for facility to be PMHF (1) For section 29(2)(a) of the Act, the prescribed quantity is – (a) for a single dangerous substance that is specified in Schedule 1 of the MHF National Standard, a quantity greater than 10% but less than 100% of the quantity specified for that dangerous substance in that Schedule; and (b) for a group of dangerous substances that are each specified in Schedule 1 of the MHF National Standard, any quantity if a calculation of the aggregation rule in respect of those dangerous substances as set out in that Schedule yields a number greater than 0.1 but less than 1. (2)  For subregulation (1) , the quantity of a dangerous substance is the quantity calculated in accordance with Schedule 1 of the MHF National Standard. 9Handling of dangerous substances – quantity for facility to be classified as MHF (1) For section 30(1)(a) of the Act, the prescribed quantity is – (a) for a single dangerous substance that is specified in Schedule 1 of the MHF National Standard, a quantity equal to or greater than the quantity specified for that dangerous substance in that Schedule; and (b) for a group of dangerous substances that are each specified in Schedule 1 of the MHF National Standard, any quantity if a calculation in accordance with the aggregation rule in respect of those dangerous substances as set out in that Schedule yields a number equal to or greater than 1. (2)  For subregulation (1) , the quantity of a dangerous substance is the quantity calculated in accordance with Schedule 1 of the MHF National Standard. 10Handling of dangerous goods and combustible liquids – quantity for place to be DSLFor section 47(1) of the Act, the prescribed quantity is – (a) for explosives (considered in aggregate, regardless of class, kind or combination), 25 kilograms; and (b) for dangerous goods of any specific kind other than explosives, the placarding quantity; and (c) for combustible liquids of any specific kind, a quantity equal to or greater than the placarding quantity. 11Handling of dangerous goods and combustible liquids – quantity for DSL to be LDSL (1) For section 47(3) of the Act, the prescribed quantity is – (a) for a combustible liquid of any specific kind, a quantity equal to or greater than the manifest quantity; and (b) for dangerous goods of any specific kind other than explosives, a quantity equal to or greater than the manifest quantity; and (c) for explosives – (i) 200 kilograms of any (or any combination) of the following: (A) blasting explosives; (B) Type 2 fireworks; (C) Type 3 fireworks; or (ii) 100 kilograms of any (or any combination) of the following: (A) propellant; (B) black powder; (C) safety cartridges; or (iii) 500 detonators; or (iv) 50 kilograms of any (or any combination) of the following: (A) distress signals; (B) special explosive devices; (C) specialised rockets. (2)  In this regulation, the expressions "propellant", "safety cartridge", "Type 2 fireworks" and "Type 3 fireworks" have the same meaning as in Part 5 and – black powder means propellant powder with classification code 1.1D under the Australian Dangerous Goods Code; blasting explosive means an explosive of the kind typically used for blasting in connection with mining, quarrying, road construction and building demolition or similar works; detonator means a detonator within the meaning of the Australian Explosives Code; distress signal means a flare, rocket or other pyrotechnic device intended for signalling, warning, rescue or like purposes; flare includes marine flare, landing flare and railway or highway safety flare (fusee); special explosive device means a smoke generator or bird scarer; technical rocket means an avalanche rocket, cloud-seeding rocket, anti-hail rocket, line-carrying rocket, scientific research rocket or any similar kind of rocket (other than a distress signal). PART 3Notification Requirements12Notification of MHF modificationFor section 36 of the Act, the notification must – (a) be in an approved form; and (b) give particulars of the proposed modifications; and (c) give particulars of any new dangerous substances proposed to be handled at the MHF after the proposed modifications are made; and (d) if sections 38(1) and (2) of the Act have had to be complied with in respect of the MHF by the time the notification has to be given, be accompanied by the updated systematic risk assessment required by section 38(3) of the Act; and (e) be accompanied by the prescribed fee. 13Notification of possible LDSLFor section 48(2) of the Act, the notification must – (a) be in an approved form; and (b) be given to the Secretary within 90 days after the occupier of the place knows or reasonably ought to know that the place is an LDSL; and (c) be accompanied by the prescribed fee. 14Maritime notification of pipeline loading or unloading of class 2.1 or 3 dangerous goods (1)  The master of a vessel must give an authorised officer at least 48 hours’ notice before any class 2.1 or class 3 dangerous substances are loaded onto or off the vessel by means of pipes.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The notice may, according to circumstance, be given orally (either face-to-face or by marine radio or telephone) or in writing (including writing transmitted electronically by fax or email). (3)  In this regulation – master, of a vessel, means the person, other than a ship’s pilot, for the time being having command of the vessel; vessel includes – (a) a barge or lighter; and (b) a seaplane; and (c) an air cushion vehicle or similar type of craft. 15PMHF and facility upgrade notifications (1)  This regulation applies to – (a) PMHF notifications under sections 33 and 34 of the Act; and (b) facility upgrade notifications under section 35 of the Act. (2)  The notification must be accompanied by the prescribed fee. 16Register of notifications (1)  The Secretary is to keep a register of the notifications received under – (a) Part 4 or 5 of the Act; and (b) regulation 14 . (2)  The register is to be kept in such manner as the Secretary determines and, without limiting this, may be kept wholly or partly by use of a computer. (3)  The register is not a public register but the Secretary may, on request, provide any of the following entities with access to or copies of or information from the register in a dangerous substances emergency or if satisfied that there are reasonable grounds to do so: (a) an emergency service; (b) Tasmania Police; (c) a council. PART 4Risk Prevention and Minimisation17Occupier of MHF to ensure acceptable level of riskThe occupier of an MHF must ensure that each of the following is complied with at and in respect of the operation of the MHF: (a) the National Code; (b) the National Standard; (c) the MHF National Code of Practice; (d) the MHF National Standard; (e) approved codes of practice (if there are any); (f) the Relevant Standards.

Penalty:  Fine not exceeding 250 penalty units.

18Occupier of DSL to ensure acceptable level of riskThe occupier of a DSL must ensure that each of the following is complied with at and in respect of the operation of the DSL: (a) Part B of the National Code; (b) Part B of the National Standard; (c) approved codes of practice (if there are any); (d) the Relevant Standards.

Penalty:  Fine not exceeding 150 penalty units.

19Occupier of MHF, DSL or other facility to ensure safe separation distances (1)  The occupier of an MHF, DSL or other facility must ensure that each dangerous substance at the MHF, DSL or facility is, at all times, separated from protected works by the safe separation distance.

Penalty:  Fine not exceeding –

(a) for an MHF offence, 250 penalty units; or (b) for a DSL offence, 150 penalty units; or (c) for any other offence, 50 penalty units. (2)  In this regulation – safe separation distance, between the place where a dangerous substance is being stored or used and any protected works, is a distance not less than the applicable separation distance specified in the Relevant Standards. 20Occupier of MHF, DSL or other facility to eliminate or minimise risks from atmospheric contaminantsThe occupier of an MHF, DSL or other facility must ensure that the risks associated with any atmospheric contaminant that is in any way attributable to the operation of the MHF, DSL or facility are – (a) eliminated; or (b) if elimination is not possible, so minimised that the exposure of any person to the atmospheric contaminant does not exceed the limit set in respect of the atmospheric contaminant by the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] as from time to time amended.

Penalty:  Fine not exceeding –

(a) for an MHF offence, 250 penalty units; or (b) for a DSL offence, 150 penalty units; or (c) for any other offence, 50 penalty units. 21Manufacturers and importers to disclose information essential to medical treatment (1)  A person who manufactures or imports a dangerous substance must instantly and truthfully disclose the chemical name of its ingredients to a medical officer on demand if, by the demand, the medical officer states or indicates that the information is required for or in connection with the medical treatment of a patient and – (a) the manufacturer or importer knows or reasonably ought to know that the information is not publicly available; or (b) the medical officer states or indicates that he or she has been unable to get the information elsewhere despite making reasonable inquiry or, because of timing, location or some other circumstance, cannot reasonably be expected to get the information elsewhere.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A demand under subregulation (1) may be made by any available means. (3)  In proceedings for an offence under subregulation (1) , it is not a defence to establish that the information demanded was, at the relevant time, in any way commercially sensitive or confidential. (4)  In this regulation – medical officer means – (a) a medical practitioner (being any person holding practising registration under the Medical Practitioners Registration Act 1996 ); or (b) an ambulance officer (being any person providing ambulance services under the Ambulance Service Act 1982 or on an honorary or volunteer basis); or (c) a nurse (being any person registered or enrolled as a nurse under the Nursing Act 1995 ). 22Occupier to ensure MHF or DSL has site map (1)  The occupier of an MHF or DSL must ensure that – (a) an accurate site map of the MHF or DSL is prepared; and (b) the site map is kept up to date; and (c) the site map (or a copy of it) is kept at the MHF or DSL at all times; and (d) authorised officers can, on request, consult the site map (or a copy of it) at the MHF or DSL in the performance of their duties; and (e) the site map (or a copy of it) is, on request, made readily available to officers of any of the emergency services in a dangerous substances emergency.

Penalty:  Fine not exceeding –

(a) for an MHF offence, 250 penalty units; or (b) for a DSL offence, 150 penalty units. (2)  In this regulation – site map means a site map that – (a) is drawn to scale; and (b) specifies places and locations by reference to the Geocentric Datum of Australia (also known as "the GDA" or "GDA 94") as defined in the Commonwealth Gazette No. GN 35, 6 September 1995; and (c) contains the particulars specified in clause 40(3) of the National Standard. 23Occupier to ensure MHF or LDSL has manifest (1)  The occupier of an MHF or LDSL must ensure that – (a) a manifest is prepared for the MHF or LDSL; and (b) the manifest is kept up to date; and (c) the manifest (or a copy of it) is kept at the MHF or LDSL at all times; and (d) authorised officers can, on request, consult the manifest (or a copy of it) at the MHF or LDSL in the performance of their duties; and (e) the manifest (or a copy of it) is, on request, made readily available to officers of any of the emergency services in a dangerous substances emergency.

Penalty:  Fine not exceeding –

(a) for an MHF offence, 250 penalty units; or (b) for an LDSL offence, 150 penalty units. (2)  In this regulation – manifest means a manifest containing the particulars specified in clause 40(2) of the National Standard. 24Handling dangerous substances in consumer packages – retail premises (1)  This regulation applies to retail premises where dangerous substances (including fireworks) are being – (a) offered for sale to the general public in consumer packages; or (b) stored in readiness to be offered, on those same premises, for sale to the general public in consumer packages. (2)  The occupier of the retail premises must ensure that the dangerous substances are handled in accordance with – (a) the National Standard; and (b) Appendix 2 of the National Code.

Penalty:  Fine not exceeding –

(a) for a DSL offence, 150 penalty units; or (b) for any other offence, 50 penalty units. 25Handling dangerous substances in less than placarding quantities – non-retail commercial premises (1)  This regulation applies to commercial premises, other than retail premises, where dangerous substances (including fireworks) are being handled in less than placarding quantities. (2)  The occupier of the commercial premises must ensure that the dangerous substances are handled in accordance with Appendix 1 of the National Code.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 10 penalty units. 26Handling dangerous substances in less than placarding quantities – non-commercial premises (1)  This regulation applies to premises other than – (a) retail or commercial premises where dangerous substances (including fireworks) are being handled in less than placarding quantities; and (b) residential premises where liquefied petroleum gas is stored for use in connection with an appliance approved under Part 4 of the Gas Act 2000 . (2)  The occupier of the premises must ensure that the dangerous substances are handled in accordance with Appendix 1 of the National Code.

Penalty:  Fine not exceeding 10 penalty units.

27Dangerous substances not to be supplied to faulty handling systems (1)  This regulation applies if a person – (a) is engaged in, or about to begin, the process of supplying a dangerous substance to a handling system; and (b) becomes aware of a fault in that system, (whether at the point of supply or elsewhere); and (c) knows or reasonably ought to know that, because of the fault, it would be unsafe to continue or begin to supply the dangerous substance to the handling system. (2)  The person must not continue or begin to supply the dangerous substance to the handling system.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The person must notify the following persons of the fault as soon as practicable after becoming aware of it: (a) the occupier of the facility at which the handling system is located; (b) an authorised officer.

Penalty:  Fine not exceeding 10 penalty units.

(4)  However – (a) subregulation (3)(a) does not apply if it was the occupier who made the person aware of the fault; and (b) subregulation (3)(b) does not apply if it was an authorised officer who made the person aware of the fault. (5)  Nothing is this regulation is to be taken as requiring the person to inspect the handling system for faults before supplying it with the dangerous substance. PART 5ExplosivesDivision 1Preliminary28InterpretationIn this Part – accredited means accredited by the Secretary under Division 9 ; adult means a natural person who has attained the age of 18 years; allied Act means any of the following: (a) the Dangerous Goods (Safe Transport) Act 1998 ; (b) the Security-sensitive Dangerous Substances Act 2005 ; (c) the Workplace Health and Safety Act 1995 ; AN-based explosive means – (a) an explosive consisting of a mixture of ammonium nitrate and oil; or (b) any other explosive that consists mainly of ammonium nitrate and is not packaged in the form of a cartridge, plug or stick; appropriate safeguards means the safeguards imposed or provided for by or under the Act (including those contained in any approved codes of practice or any codes, standards, guidelines, rules or other documents applied, adopted or incorporated in these regulations); approved magazine – see regulation 52 ; authorised explosive means an explosive that – (a) is authorised under Division 3 ; or (b) has, under a corresponding law, equivalent or substantially equivalent authorisation in another Australian jurisdiction; authorised user, of explosives, means – (a) a person referred to in regulation 63(a) , (b) or (c) ; or (b) a person acting in accordance with a permit under the Security-sensitive Dangerous Substances Act 2005 in respect of explosives; or (c) a responsible worker within the meaning of the Security-sensitive Dangerous Substances Act 2005 acting in accordance with a permit under that Act in respect of explosives; category means category of shot-firing – see regulation 62 ; corresponding law means a law of the Commonwealth or another State that substantially corresponds to this Part; directly handle, explosives, means to handle the explosives in a way that brings the handler into direct or close personal contact with them; entitlement means any accreditation, approval, authorisation, permit or recognition under this Part; exempt explosive means an explosive specified in Schedule 3 ; fireworks – see regulation 101 ; general explosives means explosives other than fireworks; interstate shot-firing authority means a licence, permit, registration, accreditation or other kind of entitlement (other than interstate recognition) to do shot-firing, under a corresponding law; manufacturing includes – (a) any formulating, blending, mixing, synthesising, processing or reprocessing associated with manufacturing; and (b) any packaging, repackaging or unpacking associated with manufacturing; Mobile Processing Unit means a vehicle or a portable piece of equipment (commonly referred to as an MPU but sometimes also as a mobile mixing unit or MMU) specifically designed or adapted for use in manufacturing AN-based explosives in the field; MPU Code means the Code of Practice, Mobile Processing Units published, and as from time to time amended, by the Australian Explosives Industry and Safety Group; propellant or "propellant powder" means a propellant or propellant powder within the meaning of AS 2187.0; qualifications includes expertise, training and experience; register means the register of authorised explosives kept under regulation 37 ; right of review – see section 91 of the Act; safety cartridge means a safety cartridge within the meaning of AS 2187.0; shot-firing – see regulation 61 ; SSDS permit means a permit issued under Part 2 of the Security-sensitive Dangerous Substances Act 2005 ; store includes keep; terrorism offence means an offence under Part 5.3 of the Criminal Code of the Commonwealth; test includes trial; unauthorised explosive means any explosive other than an authorised explosive; UNMR means the Recommendations on the Transport of Dangerous Goods, Model Regulations published, and as from time to time amended, by the United Nations; valid, in relation to an interstate shot-firing authority, means that the authority is not suspended, or the subject of any disciplinary or offence proceedings, or the subject of any application for administrative or judicial review against proposed suspension or cancellation. 29Applications to Secretary – standard requirementsAn application to the Secretary under this Part must be – (a) in an approved form; and (b) supported by such evidence or information as the Secretary requires, either at the time of lodgment or subsequently; and (c) accompanied by the prescribed fee, if any. 30Secretary to avoid excessive or sudden regulatory actions (1)  In imposing a discretionary requirement on a person in respect of any entitlement or activity, under this Part, the Secretary is, as far as practicable consistent with the objects of the Act – (a) to have regard to any mandatory or discretionary requirements that the person must comply with under allied Acts in respect of that or any closely corresponding entitlement or activity; and (b) not to duplicate those requirements or impose overlapping or incompatible requirements or unduly add to the person’s obligations, administrative burdens or costs of compliance in respect of the entitlement or activity under this Part. (2)  The Secretary is, as far as practicable consistent with the objects of the Act, to give reasonable notice of the cancellation or suspension of any entitlement unless satisfied that there is compelling justification for effecting the cancellation or suspension urgently. (3)  In this regulation – requirement includes a condition of an entitlement. Division 2Application of Part31Explosives safety obligations are additional to general safety obligationsThe provisions of this Part are in specific addition to and not in derogation of the provisions of Part 4 as they apply to explosives. 32Exempt explosivesUnless otherwise expressly provided, this Part does not apply to exempt explosives (which include Type 1 fireworks). 33Exempt handling – police officers, defence personnel, &c. (1)  This Part does not apply to the handling of explosives by – (a) an authorised officer or police officer acting in the course of duty; or (b) a police officer of the Commonwealth acting in the course of Commonwealth duty; or (c) a police officer of another State or the Commonwealth taking a preventative action for the State; or (d) a member of the Defence Forces of the Commonwealth acting in the course of Commonwealth duty or taking a preventative action for the State; or (e) a member of the Defence Forces of another country taking a preventative action for the State; or (f) a civilian employee of the Commonwealth acting in the course of Commonwealth duty or taking a preventative action for the State. (2)  This Part does not apply to the handling of explosives by persons working for or on behalf of the emergency services in so far as the handling relates to the taking of preventative actions. (3)  In this regulation – for the State means at the request of or with the approval of the Commissioner of Police, the Secretary, the State Emergency Management Controller or any Minister; preventative action means an action that is necessary or incidental to averting, eliminating or minimising, within Tasmania, a dangerous situation, a dangerous substances emergency or some other danger involving explosives. Division 3Authorisation34Explosives not to be handled unless authorisedExcept as may be provided by a permit under regulation 40 , a person must not handle an explosive that is not an authorised explosive.

Penalty:  Fine not exceeding 50 penalty units.

Note: This regulation relates specifically to the scheme for the safe handling of dangerous substances set up under the Act. As such it is in addition to and not in derogation of other laws of the State governing the possession and use of explosives; nothing in this regulation exempts a person from the need to comply with such other laws. So, for example, a person handling an authorised explosive may also need to hold a permit under the Security-sensitive Dangerous Substances Act 2005 in respect of that handling.

35How are explosives authorised? (1)  The Secretary may authorise an explosive – (a) on the Secretary’s own initiative; or (b) on the application of any person in accordance with regulation 29 . (2)  However, the Secretary may only authorise an explosive if reasonably satisfied that it – (a) has or could have a legitimate use in Tasmania; and (b) should be available for or tested for such use; and (c) can, with appropriate safeguards, be safely handled. (3)  If the Secretary thinks it necessary to do so for a proper consideration of an application under subregulation (1)(b) , he or she may require the applicant to – (a) do, or arrange for, further tests of the explosive; and (b) furnish the Secretary with the test results. (4)  However, a requirement under subregulation (3) does not exempt the applicant or any other person from the other provisions of these regulations as they apply to the testing of the relevant explosive. 36Determination of applications (1)  After considering an application to have an explosive authorised, the Secretary may – (a) refuse the application; or (b) approve the application. (2)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (3)  If the application is approved, the Secretary is to do the following as soon as practicable: (a) determine the date on which the authorisation is to take effect ("date of authorisation"); (b) notify the applicant of the authorisation and the date of authorisation; (c) make an appropriate entry in the register; (d) publish the authorisation and date of authorisation in the Gazette and in such other ways as the Secretary may think fit. (4)  The Secretary is also to take the actions referred to in subregulation (3)(a) , (c) and (d) if authorising an explosive on his or her own initiative. 37Register of authorised explosives (1)  The Secretary is to keep a register of authorised explosives. (2)  The register is to be kept in such manner as the Secretary determines and, without limiting this – (a) may be kept wholly or partly on computer; and (b) may be linked to or integrated with similar registers kept under corresponding laws. (3)  The Secretary may publish the unrestricted part of the register as the Secretary thinks fit. (4)  However, the Secretary is to ensure that any person may, during normal business hours, inspect the unrestricted part of the register free of charge at the principal places where the public may transact business with the Department. (5)  In this regulation – unrestricted part, of the register, means the entries that do not relate to the design, formulation or ingredients of explosives that are subject to the Security-sensitive Dangerous Substances Act 2005 . 38Duration of authorisationsThe authorisation of an explosive remains in force until cancelled by the Secretary. 39Cancellation of authorisations (1)  The Secretary may cancel the authorisation of an explosive if reasonably satisfied that – (a) the explosive no longer has a legitimate use in Tasmania; or (b) the explosive cannot be safely handled even with appropriate safeguards; or (c) the explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or (d) the explosive is subject to a recall by its manufacturer or importer; or (e) equivalent authorisations have been cancelled or suspended under corresponding laws; or (f) the authorisation was given on the basis of false or questionable information; or (g) there is other compelling justification for the cancellation. (2)  The cancellation may be effected – (a) on the Secretary’s own initiative; or (b) on the application of any person in accordance with regulation 29 . (3)  In the case of an application, the Secretary may – (a) refuse the application; or (b) approve the application. (4)  If subregulation (3)(a) applies, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (5)  If subregulation (3)(b) applies, the Secretary is to do the following as soon as practicable: (a) determine the date on which the cancellation is to take effect; (b) notify the applicant of the cancellation and the date on which the cancellation is to take effect; (c) make a corresponding amendment to the register; (d) publish the cancellation and date of cancellation in the Gazette and in such other ways, if any, as the Secretary thinks fit. (6)  The Secretary must also take the actions referred to in paragraphs (a) , (c) and (d) of subregulation (5) if cancelling the authorisation of an explosive on his or her own initiative. (7)  An explosive that has had its authorisation cancelled under this regulation is not an authorised explosive. 40Permits to handle unauthorised explosives (1)  A person may apply to the Secretary for a permit to handle an unauthorised explosive. (2)  The application must be in accordance with regulation 29 . (3)  The Secretary may – (a) refuse the application; or (b) approve the application on such conditions as to time, place, supervision, safety, security, scope of handling or otherwise as the Secretary thinks fit (in this regulation referred to as "permit conditions"). (4)  To avoid doubt, the application is not capable of being approved unconditionally. (5)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (6)  If the application is approved, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions; (b) if, within a reasonable period, the applicant agrees to the proposed permit conditions (or, failing that, the Secretary and applicant are able to agree on modified conditions) the Secretary is to – (i) issue the applicant with the permit on the proposed (or, if applicable, modified) permit conditions; and (ii) inform such other persons of the matter as the Secretary thinks fit; (c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified conditions), the application is taken to have been refused at the end of that period and the procedure set out in subregulation (5) is to be followed. (7)  A permit under this regulation – (a) authorises its holder to handle an unauthorised explosive as specified in the permit; and (b) comes into force as soon as it is issued and, unless sooner cancelled or surrendered, continues in force until midnight of the expiry date determined by the Secretary and specified in the permit; and (c) may, by notice to its holder, be varied by the Secretary at any time; and (d) may, by notice to the Secretary, be surrendered at any time; and (e) is not renewable or transferable. (8)  The holder of a permit under this regulation must not contravene a condition of the permit.

Penalty:  Fine not exceeding 50 penalty units.

(9)  The Secretary, by notice, may cancel a permit under this regulation at any time if the Secretary believes on reasonable grounds that – (a) the holder of the permit no longer requires it or can no longer demonstrate a legitimate need for it; or (b) the unauthorised explosive cannot be safely handled even with appropriate safeguards; or (c) the unauthorised explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or (d) the unauthorised explosive is subject to a recall by its manufacturer or importer; or (e) the cancellation is necessary or expedient in the interests of State security or public safety; or (f) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is not a fit and proper person to continue holding such a permit; or (g) there is other compelling justification for cancellation. (10)  However, the Secretary is not to cancel a permit solely on the ground referred to in subregulation (9)(e) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 . (11)  The notice under subregulation (9) is to inform the holder of the permit of – (a) the cancellation; and (b) the reasons for the cancellation; and (c) when the cancellation takes effect; and (d) the right of review. (12)  In this regulation – reasonable period means a period of at least 7 clear days allowed by the Secretary. Division 4Key handling obligations41Explosives not to be handled contrary to manufacturer's instructions (1)  A person must not handle explosives (including fireworks) contrary to their manufacturer’s instructions.

Penalty:  Fine not exceeding 50 penalty units.

(2)  However, it is a defence in proceedings for an offence under subregulation (1) in so far as the offence involves the manufacture of explosives if the defendant establishes that – (a) the explosives were AN-based explosives; and (b) a Mobile Processing Unit was used to manufacture the explosives; and (c) there was, at the relevant time, an inconsistency between AS 2187 and the MPU Code; and (d) the manufacturing was, to the extent of the inconsistency, done in accordance with the MPU Code. 42Explosives not to be handled contrary to Relevant StandardsA person must not handle explosives (including fireworks) contrary to the Relevant Standards. 43Explosives not to be directly handled near naked flames, &c. (1)  Except as provided by subregulation (2) , a person must not directly handle explosives (including fireworks) if he or she is carrying a naked flame or another kind of exposed live ignition source.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who is using fireworks or safety fuses lawfully does not commit an offence under subregulation (1) merely by striking and using matches or by lighting and using tapers or other kinds of live ignition sources in connection with the immediate firing of those fireworks or safety fuses. 44Explosives not to be directly handled by smokersA person must not directly handle explosives (including fireworks) if he or she is smoking tobacco or another substance.

Penalty:  Fine not exceeding 50 penalty units.

45Explosives not to be directly handled by intoxicated or incapacitated personsA person must not directly handle explosives (including fireworks) if he or she is – (a) consuming or under the influence of intoxicating liquor; or (b) consuming or under the influence of an intoxicating drug or medication; or (c) by reason of any injury, illness or infirmity of which he or she is aware, incapable of handling the explosives safely.

Penalty:  Fine not exceeding 50 penalty units.

46General explosives not to be displayed on retail premisesA person must not display general explosives on retail premises.

Penalty:  Fine not exceeding 50 penalty units.

Note: General explosives are those explosives other than fireworks.

47General explosives not to be sold in public placesA person must not sell general explosives in a public place.

Penalty:  Fine not exceeding 50 penalty units.

Note: General explosives are those explosives other than fireworks.

48Maritime import and export – port controls (1)  A person importing or exporting explosives in any form (including fireworks) by sea must ensure that – (a) the explosives are imported or exported only through a recognised port; and (b) the explosives are handled in accordance with AS 3846.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The port authority for a recognised port must ensure that – (a) any explosives imported or exported through the port are handled in accordance with AS 3846; and (b) the total quantity of explosives within the precincts of the port does not at any time exceed – (i) the port explosives limit; or (ii) such higher limit as the Secretary, after consulting the port authority, may have approved.

Penalty:  Fine not exceeding 50 penalty units.

(3)  To determine whether to give an approval under subregulation (2)(b)(ii) , the Secretary may require from the port authority a report that – (a) identifies and assesses the risks, if any, of approving the higher limit; and (b) indicates how those risks can be most effectively and prudently managed and, if possible, mitigated; and (c) contains such technical data, expert evaluations and other material as the Secretary, by the requirement, may specify. (4)  In this regulation – AS 3846 means Australian Standard AS 3846 The Handling and Transport of Dangerous Cargoes in Port Areas as from time to time amended; port explosives limit means – (a) for a class 1.1, 1.2, 1.5 or 1.6 explosive, 200 kilograms or such lesser quantity as the relevant port authority may have set; and (b) for a class 1.3 explosive, 2 000 kilograms or such lesser quantity as the relevant port authority may have set; and (c) for a class 1.4 explosive, the quantity, if any, set by the relevant port authority; recognised port means a port defined in regulation 5 of the Marine and Safety (Pilotage and Navigation) Regulations 2007 . Division 5Manufacture and storage49MPUs used in manufacture of AN-based explosives not to be left unattendedA person using a Mobile Processing Unit to manufacture AN-based explosives must not, without reasonable excuse, leave the controls of the Mobile Processing Unit unattended at any time.

Penalty:  Fine not exceeding 50 penalty units.

50Safety cartridges not to be filled or capped away from manufacturing facility if certain risks presentA person must not fill or cap safety cartridges at any place other than a manufacturing facility if, at the relevant time – (a) there is a naked flame or other exposed live ignition source at that place; or (b) there are more than 2 kilograms of propellant at that place.

Penalty:  Fine not exceeding 50 penalty units.

51Explosives to be kept in AEC-marked containers (1)  A person who manufactures explosives (including fireworks) at any place must ensure that the explosives are packed and marked in accordance with the Australian Explosives Code.

Penalty:  Fine not exceeding 50 penalty units.

(2)  However, it is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that, at the relevant time – (a) the relevant explosives had only just been manufactured and were in the process of being packed and marked in accordance with the Australian Explosives Code; or (b) the relevant explosives were being subjected to a secondary manufacturing or finishing process; or (c) the relevant explosives were in the process of being transferred from one container to another; or (d) a hazard, dangerous situation or dangerous substances emergency made it difficult, impracticable or impossible to comply with that subregulation. 52What is an approved magazine? (1)  For these regulations, an approved magazine is any fixed or portable structure or container that – (a) is specifically designed or adapted, in accordance with AS 2187.1, for the safe storage of explosives; and (b) has at least one placard clearly bearing the word "EXPLOSIVES" conspicuously displayed on an external surface of the magazine; and (c) is constructed and maintained in accordance with AS 2187.1; and (d) is secured against unauthorised access; and (e) is not sited or placed next to or among any combustible or flammable material; and (f) is not used for any purpose other than the safe storage of explosives. (2)  In this regulation – container does not include a container, of the kind commonly known as a "day box", that is used to hold and move explosives at and about the firing site on the day of their intended use. 53Places to be placarded if explosives present (1)  This regulation applies if there are explosives (including fireworks) at any place. (2)  The occupier of the place must ensure that, while the explosives are at the place – (a) at least one placard clearly bearing the word "HAZCHEM" and the class label of the explosives is conspicuously displayed at each public and private entrance to the place; and (b) each magazine used in connection with the explosives at the place is placarded and marked in accordance with AS 2187.

Penalty:  Fine not exceeding –

(a) for an MHF offence, 250 penalty units; or (b) for a DSL offence, 150 penalty units; or (c) for any other offence, 50 penalty units. (3)  In this regulation – class label, of an explosive, means its class label within the meaning of the Australian Explosives Code or National Standard; fireworks does not include Type 2 fireworks that are lawfully purchased and held in readiness for a fireworks display for which a permit has been issued under regulation 106 . 54Explosives to be secured on day of firing, &c. (1)  This regulation applies to a person who takes possession of general explosives on any day in order to fire them on that day (in this regulation referred to as "the firing day").

Note: General explosives are those explosives other than fireworks.

(2)  The person must not leave the explosives unattended on the firing day except to such extent as may be necessary for safety before they are fired.

Penalty:  Fine not exceeding 50 penalty units.

(3)  If the person decides not to fire all of the explosives on the firing day or is for any reason prevented from doing so, the person must ensure that – (a) explosives not already fired or placed for firing are transferred to an approved magazine as soon as practicable for overnight storage; and (b) explosives already placed for firing are, if it is safe and practicable to do so, retrieved and transferred to an approved magazine for overnight storage; and (c) if is unsafe or impracticable to retrieve any explosives already placed for firing, the perimeter of the firing site is secured overnight against unauthorised access.

Penalty:  Fine not exceeding 50 penalty units.

(4)  In any proceedings for an offence under this regulation, it is a defence if the defendant establishes that, on the relevant day, he or she only took possession of the relevant explosives in the capacity of an employee or trainee and the act or omission comprising the alleged offence was done at the direction of, or with the express or implied consent of, the defendant’s employer or supervisor. Division 6Defective explosives55Sale of defective explosives (1)  A person must not sell explosives (including fireworks) that the person knows or reasonably ought to know are defective.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For subregulation (1) , an explosive is taken to be defective if it – (a) is, either by means of specific notice to the seller or general notice to the Tasmanian or Australian public, subject to a recall by its manufacturer or importer; or (b) has, in attempted use, failed to detonate; or (c) forms part of the same batch of explosives as an explosive that, in attempted use, has failed to detonate; or (d) is (though not in use) leaking, smoking or sweating; or (e) is incorrectly labelled or packaged; or (f) has labels that (though seemingly correct) are faded, stained, discoloured, damaged or difficult to read; or (g) is in any way damaged or contaminated, or forms part of a batch of explosives that is in any way damaged or contaminated. 56Dealing with defective explosives (1)  This regulation applies if a person knows or suspects that any explosives in the person’s possession or control (including fireworks) are defective. (2)  The person must – (a) do whatever can be safely and reasonably done in the circumstances to secure the explosives; and (b) issue warnings and do whatever else can be safely and reasonably done in the circumstances to ensure the immediate safety of any persons; and (c) do whatever can be safely and reasonably done in the circumstances to deal with any hazard and prevent or minimise any risk of material harm or serious harm occurring; and (d) warn an authorised officer of the defect; and (e) as soon as practicable, warn the explosives’ supplier and manufacturer of the defect.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In this regulation – defective, explosive, has the same meaning as in regulation 55 . Division 7Records57Import records (1)  This regulation applies to all explosives (including fireworks) other than those classified as Class 1.6 under the Australian Dangerous Goods Code.

Note: Class 1.6 explosives under the Australian Dangerous Goods Code are articles that are extremely insensitive and do not have a mass explosion hazard.

(2)  A person must not import an explosive unless, at least 7 clear days before the explosive arrives in Tasmania, the person has – (a) prepared an EIR in respect of the importation; and (b) given the Secretary a copy of that EIR.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person who prepares an EIR pursuant to subregulation (2) must – (a) keep the EIR (or a copy of it) for at least 5 years; and (b) during those 5 years, produce the EIR (or a copy of it) on demand for inspection by any authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(4)  In this regulation – consignor means the person (other than the shipper, freighter or transporter) from whom explosives being imported have been purchased or obtained; EIR means explosives import record, being a record in an approved form relating to the importation of an explosive that – (a) identifies – (i) the explosive and the quantity being imported; and (ii) the importer; and (iii) the consignor; and (iv) the manufacturer and the date and place of manufacture; and (v) the country or place from which the explosive is being imported; and (vi) the SSDS permit or other authority sanctioning the importation; and (b) certifies that the explosive – (i) is an authorised explosive (or, if applicable, covered by a permit under regulation 40 ); and (ii) is packed in accordance with the Australian Explosives Code; and (iii) is in a safe condition to be imported; and (iv) is in a safe condition to be transported upon its arrival; and (c) specifies – (i) why the explosive is being imported; and (ii) how the explosive is being imported; and (iii) where the explosive is expected to arrive; and (iv) where the explosive is to be held or taken to on its arrival; and (d) identifies or describes the vehicle or mode of transport to be used for the initial transportation of the explosive on its arrival. 58Export records (1)  This regulation applies to all explosives (including fireworks) other than those classified as Class 1.6 under the Australian Dangerous Goods Code.

Note: Class 1.6 explosives under the Australian Dangerous Goods Code are articles that are extremely insensitive and do not have a mass explosion hazard.

(2)  A person must not export an explosive unless, at least 7 clear days before the explosive leaves Tasmania, the person has – (a) prepared an EER in respect of the exportation; and (b) given the Secretary a copy of that EER.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person who prepares an EER pursuant to subregulation (2) must – (a) keep the EER (or a copy of it) for at least 5 years; and (b) during those 5 years, produce the EER (or a copy of it) on demand for inspection by any authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(4)  In this regulation – consignee means the person taking immediate delivery of explosives following their export; EER means explosives export record, being a record in an approved form relating to the exportation of an explosive that – (a) identifies – (i) the explosive and the quantity being exported; and (ii) the exporter; and (iii) the purchaser or consignee; and (iv) the manufacturer and the date and place of manufacture; and (v) the country or place to which the explosive is being exported; and (vi) the SSDS permit or other authority sanctioning the exportation; and (b) certifies that the explosive – (i) is an authorised explosive (or, if applicable, covered by a permit under regulation 40 ); and (ii) is packed in accordance with the Australian Explosives Code; and (iii) is in a safe condition to be exported; and (c) specifies – (i) why the explosive is being exported; and (ii) how the explosive is being exported; and (iii) where the explosive is expected to be delivered. 59Purchase records (1)  A person who purchases explosives (including fireworks) must record, in an approved form, the following particulars about the purchase: (a) the date of purchase; (b) the date of delivery; (c) the name and address of the seller; (d) the name and address of each known intermediary (if any); (e) the type of explosives; (f) the quantity purchased; (g) the quantity delivered; (h) if applicable, an explanation of any discrepancy between the quantities specified under paragraphs (f) and (g) .

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person who makes a record under subregulation (1) must – (a) keep the record (or a copy of it) for – (i) if the purchase is solely of Type 2 fireworks, at least 12 months; or (ii) in the case of any other purchase, at least 5 years; and (b) in that period, produce the record (or a copy of it) on demand for inspection by any authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person who purchases explosives (including fireworks) must – (a) obtain from the seller a receipt for the purchase; and (b) keep the receipt (or a copy of it) for – (i) if the purchase is solely of Type 2 fireworks, at least 12 months; or (ii) in the case of any other purchase, at least 5 years; and (c) in that period, produce the receipt (or a copy of it) on demand for inspection by any authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(4)  However, it is a defence in proceedings for an offence under subregulation (3) if the defendant establishes that – (a) the defendant made a reasonable attempt to obtain the required receipt; and (b) despite that attempt, the seller failed to provide the defendant with that receipt. (5)  In this regulation – intermediary means a carrier, factor, wholesaler or distributor. 60Sales records (1)  A person who sells explosives (including fireworks) must record, in an approved form, the following particulars about the sale: (a) the date of sale; (b) the date of delivery; (c) the name and address of the purchaser; (d) the name and address of each known intermediary (if any); (e) the type of explosives; (f) the quantity sold; (g) the quantity delivered; (h) if applicable, an explanation of any discrepancy between the quantities specified under paragraphs (f) and (g) .

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person who makes a record pursuant to subregulation (1) must – (a) keep the record (or a copy of it) for – (i) if the sale is solely of Type 2 fireworks, at least 12 months; or (ii) in the case of any other sale, at least 5 years; and (b) in that period, produce the record (or a copy of it) on demand for inspection by any authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person who sells explosives (including fireworks) must – (a) issue the purchaser with a receipt for the sale; and (b) keep a copy of the receipt for – (i) if the sale is solely of Type 2 fireworks, at least 12 months; or (ii) in the case of any other sale, at least 5 years; and (c) in that period, produce the copy of the receipt on demand for inspection by any authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(4)  In this regulation – intermediary has the same meaning as in regulation 59 . Division 8Shot-firingSubdivision 1Interpretation61What is shot-firing?For these regulations, shot-firing means doing either or both of the following: (a) priming explosives; (b) firing explosives. 62Categories of shot-firingFor these regulations, there are taken to be 8 categories of shot-firing as follows: (a) category 1: underground shot-firing (being the shot-firing involved in tunnelling or in underground or undersea mining); (b) category 2: surface shot-firing (being the shot-firing involved in above-ground quarrying, road construction and open-cut mining); (c) category 3: structural shot-firing (being the shot-firing involved in building construction, building demolition and civil engineering work, but with no underground component beyond open excavations of the kind typically required for such things as building foundations, dam or canal construction or highway sidings or underpasses); (d) category 4: pyrotechnical shot-firing (being the shot-firing involved in firing fireworks in fireworks displays); (e) category 5: special events shot-firing (being the shot-firing involved in firing cannon or like ordnance at tourism venues or historical re-enactments or musical or theatrical performances); (f) category 6: agrarian shot-firing (being the shot-firing involved in land clearing or other agricultural or forestry operations); (g) category 7: exploratory shot-firing (being the shot-firing involved in geological exploration or in seismological, paleontological or other scientific research or experimentation); (h) category 8: special operations shot-firing (being shot-firing not covered by any other category of shot-firing). Subdivision 2Shot-firers63Only shot-firers may prime or fire explosivesA person must not do shot-firing of any category in Tasmania unless – (a) the person holds a shot-firing permit that is endorsed for that category of shot-firing; or (b) the person holds an interstate shot-firing authority that is recognised under regulation 73 and the recognition is valid for that category of shot-firing; or (c) the person – (i) is undergoing training in that category of shot-firing in an accredited shot-firing course; and (ii) has approval under regulation 88 to undergo such training; and (iii) the shot-firing is a requirement of that course.

Penalty:  Fine not exceeding 50 penalty units.

64Applications for shot-firing permits (1)  Any adult may apply to the Secretary for a shot-firing permit. (2)  The application must be in accordance with regulation 29 and, additionally, specify each category of shot-firing for which endorsement is sought. (3)  The Secretary may – (a) refuse the application; or (b) approve the application on such conditions, if any, as the Secretary thinks fit (in this regulation referred to as "permit conditions"). (4)  However, the Secretary must not approve the application unless satisfied that the applicant – (a) has satisfactorily completed an accredited shot-firing course in each category of shot-firing for which endorsement is sought; or (b) has satisfactorily completed, in another State, a course in shot-firing of substantially the same kind and standard as an accredited shot-firing course in each category of shot-firing for which endorsement is sought; or (c) is authorised under a corresponding law to do shot-firing of each category for which endorsement is sought. (5)  Also, the Secretary must not approve the application unless satisfied that the applicant – (a) is an adult; and (b) has legitimate need of the permit; and (c) is, having regard to Schedule 4 and any other matters the Secretary considers relevant, a fit and proper person to be a shot-firer. (6)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (7)  If the application is approved unconditionally, the Secretary is to issue the applicant with the permit as soon as practicable. (8)  If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions; (b) if, within a reasonable period, the applicant agrees to the proposed permit conditions (or failing that, the Secretary and the applicant are able to agree on modified conditions) the Secretary is to – (i) issue the applicant with the shot-firing permit on the proposed (or, if applicable, amended) permit conditions; and (ii) inform such other persons of the matter as the Secretary thinks fit; (c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified conditions) the application is taken to have been refused at the end of that period and the procedure set out in subregulation (6) is to be followed. (9)  In this regulation – reasonable period means a period of at least 7 days allowed by the Secretary; transitional period means the 5-year period immediately after this regulation commences. 65Applications for multiple endorsements (1)  This regulation applies if – (a) an applicant under regulation 64 is seeking a shot-firing permit with more than one endorsement; and (b) the Secretary is disposed to approve the application as regards some but not all of those endorsements. (2)  Before refusing the application, the Secretary may ask the applicant whether he or she would be agreeable to the application being processed in modified form so as to exclude those endorsements that are likely to trigger a refusal. (3)  If the applicant so agrees – (a) the Secretary may process the application under regulation 64 as if it were so modified; but (b) the applicant has no right of review in respect of the endorsements that he or she has agreed to have excluded from the application. 66General nature of shot-firing permits (1)  A shot-firing permit – (a) authorises its holder to do, subject to its conditions, shot-firing of each category endorsed on the permit; and (b) comes into force when it is issued and, unless sooner cancelled or surrendered, continues in force for 3 years from the date of its issue or for such shorter period from that date as its holder and the Secretary may agree; and (c) is not transferable. (2)  The holder of a shot-firing permit must not contravene a condition of the permit.

Penalty:  Fine not exceeding 50 penalty units.

67Renewal of permits (1)  The holder of a shot-firing permit may apply to the Secretary for its renewal. (2)  The application must be in accordance with regulation 29 . (3)  The application – (a) is to be lodged no later than one month (but no sooner than 3 months) before the permit is due to expire; and (b) may be made even if the permit is suspended. (4)  If the application is lodged after the subregulation (3)(a) deadline, the Secretary in his or her absolute discretion may still accept it if – (a) the permit has not expired; and (b) the applicant pays the prescribed late fee. (5)  The Secretary may – (a) refuse the application; or (b) approve the application. (6)  For the purposes of subregulation (5) , the Secretary may have regard to any matter that he or she could or would be required to have regard to if the application for renewal were an application under regulation 64 . (7)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (8)  If the application is approved, the Secretary – (a) is to notify the applicant of the approval as soon as practicable; and (b) may issue the applicant with a fresh permit document. (9)  If the application is not determined before the day on which the permit would otherwise expire, the permit is taken to continue in force until whichever of the following first occurs: (a) the 2-month period immediately following that day expires; (b) the permit is renewed or its renewal is refused. 68Surrender of permits or endorsements (1)  The holder of a shot-firing permit may, by notice to the Secretary or an authorised officer, surrender the permit or any endorsement on the permit at any time. (2)  If the surrender is made through an authorised officer, the authorised officer is to notify the Secretary of it as soon as practicable. (3)  The permit or endorsement has no surrender value. (4)  If just an endorsement is surrendered, the Secretary may issue the holder of the permit with a fresh permit document. (5)  The surrender of every endorsement on a shot-firing permit constitutes the surrender of the entire permit. 69Variation of permits (1)  The Secretary may vary a shot-firing permit at any time by – (a) adding new conditions; or (b) varying or removing existing conditions. (2)  The variation may be effected – (a) consequent on an application made by the holder of the permit in accordance with regulation 29 ; or (b) on the Secretary’s own initiative, for reasonable cause, after consulting the holder of the permit. (3)  Without limiting what may be relevant for subregulation (2)(b) , the Secretary may have regard to the scope, rigorousness and practicality of the existing permit conditions by reference to such things as – (a) developments in shot-firing technology or practice; and (b) the field experiences of any shot-firers; and (c) changes in the law, or in any relevant code or standard, having implications for shot-firing; and (d) changes in the State’s security environment having implications for shot-firing; and (e) changes in the scope or nature of any relevant category of shot-firing; and (f) workplace safety issues; and (g) permit compliance issues; and (h) matters raised by councils, industry or explosives manufacturers. (4)  If subregulation (2)(a) applies and the application is refused, the Secretary is to notify the applicant of – (a) the refusal; and (b) the reason for the refusal; and (c) the right of review. (5)  If subregulation (2)(a) applies and the application is approved, the Secretary is to notify the applicant of the approval, the variation and when the variation is to take effect. (6)  If subregulation (2)(b) applies, the Secretary is to notify the holder of the permit of – (a) the variation; and (b) the reasons for the variation; and (c) when the variation is to take effect; and (d) if the variation has the effect of making the permit more restrictive, the right of review. (7)  The variation of a shot-firing permit under this regulation takes effect when the holder of the permit is notified of the variation or at such later time as the Secretary, by the notice, specifies. (8)  If the conditions of a shot-firing permit are varied, the Secretary may issue the holder of the permit with a fresh permit document. (9)  To avoid doubt, this regulation does not authorise the addition, variation or removal of any endorsement. 70Additional endorsements (1)  The holder of a shot-firing permit may apply to the Secretary for an additional endorsement. (2)  The provisions of regulation 64(2) , (3) , (4) , (5) and (6) and regulation 65 apply, with necessary modification, to the application. (3)  If the application is approved unconditionally, the Secretary is to issue the applicant with an amended permit with the additional endorsement as soon as practicable. (4)  If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions; (b) if, within a reasonable period, the applicant agrees to the proposed permit conditions (or, failing that, the Secretary and the applicant are able to agree on modified permit conditions) the Secretary is to – (i) issue the applicant with an amended shot-firing permit with the additional endorsement on the proposed (or, if applicable, modified) permit conditions; and (ii) inform such other persons of the matter as the Secretary thinks fit; (c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified permit conditions) the application is taken to have been refused at the end of that period and the procedure set out in regulation 64(6) is to be followed. (5)  In this regulation – reasonable period means a period of at least 7 days allowed by the Secretary. 71Cancellation of endorsements (1)  This regulation applies to a shot-firing permit with more than one endorsement. (2)  The Secretary, by notice, may cancel any of the endorsements if the Secretary believes on reasonable grounds that – (a) the holder of the permit no longer requires that particular endorsement or can no longer demonstrate a legitimate need for it; or (b) the conditions of the permit have been contravened in a material or sustained way as regards that particular endorsement; or (c) there is other compelling justification for the cancellation. (3)  However, the Secretary’s power under this regulation is not capable of being exercised so as to cancel every endorsement on a shot-firing permit. (4)  The cancellation of an endorsement on a shot-firing permit under this regulation takes effect when the holder of the permit is notified of it or at such later time as the Secretary, by the notice, specifies. (5)  The notice is to inform the holder of the permit of – (a) the cancellation of the endorsement; and (b) the reasons for the cancellation; and (c) when the cancellation takes effect; and (d) the right of review. 72Cancellation and suspension of permits (1)  The Secretary, by notice, must – (a) suspend a shot-firing permit if the holder of the permit is charged with a terrorism offence or a crime; and (b) cancel a shot-firing permit if the holder of the permit is convicted of a terrorism offence or a crime. (2)  The Secretary, by notice, may cancel or suspend a shot-firing permit at any time if the Secretary believes on reasonable grounds that – (a) the holder of the permit no longer requires it or can no longer demonstrate a legitimate need for it; or (b) it is necessary or expedient to do so in the interests of State security or public safety; or (c) the conditions of the permit have been contravened in a material or sustained way; or (d) the holder of the permit has done shot-firing of a category not endorsed on the permit; or (e) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is no longer a fit and proper person to hold such a permit; or (f) there is other compelling justification for the cancellation or suspension. (3)  However, the Secretary is not to cancel a shot-firing permit solely on the ground referred to in subregulation (2)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 . (4)  In deciding whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard State security and public safety as the paramount considerations rather than the rights and convenience of the holder of the shot-firing permit. (5)  The cancellation or suspension of a permit under this regulation takes effect when the holder of the permit is notified of it or at such later time as the Secretary, by the notice, specifies. (6)  A notice of cancellation or suspension under subregulation (1) or (2) is to inform the holder of the permit of – (a) the cancellation or suspension; and (b) the reasons for the cancellation or suspension; and (c) when the cancellation or suspension takes effect; and (d) the right of review; and (e) in the case of suspension, any conditions that must be met before the Secretary will consider revoking the suspension. (7)  The Secretary, by notifying its holder, may revoke the suspension of a shot-firing permit at any time. (8)  Except for the purposes of an application for its renewal, a shot-firing permit has no force or effect while it is suspended. (9)  The cancellation or suspension of a person’s shot-firing permit has the automatic effect of cancelling or correspondingly suspending the person’s accreditation, if any, as a shot-firing instructor. (10)  The Secretary may give such persons such notice of the cancellation or suspension of a shot-firing permit as the Secretary thinks fit. 73Recognition of interstate shot-firers (1)  An adult who holds a valid interstate shot-firing authority (in this regulation referred to as "the authority") may apply to the Secretary to have it recognised in Tasmania. (2)  The application must be in accordance with regulation 29 and, additionally – (a) specify particulars of the authority; and (b) specify the kind of shot-firing permitted by the authority; and (c) specify which (Tasmanian) category of shot-firing the applicant requires the recognition for; and (d) specify particulars of the shot-firing jobs that the applicant intends or has contracted to do in Tasmania; and (e) specify, if known, the dates or periods, on or during which the applicant intends to do shot-firing in Tasmania; and (f) contain the applicant’s signed consent for the Secretary to seek and be provided with any information the Secretary considers necessary or expedient regarding the interstate shot-firing authority. (3)  The Secretary may – (a) refuse the application; or (b) approve the application on such conditions, if any, as the Secretary thinks fit (in this regulation and regulation 74 referred to as "recognition conditions"). (4)  Without limiting the Secretary’s discretion – (a) the application may be refused if – (i) the authority is about to expire and is not renewable; or (ii) the applicant intends to do shot-firing in Tasmania for a period exceeding 6 months or several periods exceeding, in aggregate, 6 months; or (iii) the kind of shot-firing permitted by the authority does not correspond, sufficiently or at all, to the (Tasmanian) category of shot-firing for which the recognition is sought; and (b) the recognition conditions may, if the application is approved, stipulate that the recognition is only valid for – (i) particular tasks, employers or contracts; or (ii) particular types of explosives (including, where applicable, fireworks); or (iii) particular days or periods. (5)  Also, the Secretary must not approve the application unless satisfied that the applicant – (a) is an adult; and (b) has legitimate need of the recognition; and (c) is, having regard to Schedule 4 and other matters the Secretary considers relevant, a fit and proper person to have the benefit of such recognition. (6)  If subregulation (3)(a) applies, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (7)  If subregulation (3)(b) applies, the Secretary is to notify the applicant as soon as practicable of – (a) the approval; and (b) if applicable, the recognition conditions and the applicant’s right of review in respect of those conditions; and (c) when the recognition takes (or, if applicable, has) effect – and issue the applicant with a certificate in evidence of the recognition. (8)  The certificate must specify – (a) the category of shot-firing the recognition is valid for; and (b) the recognition conditions. (9)  A person must not contravene a recognition condition.

Penalty:  Fine not exceeding 50 penalty units.

Note: These "mutual recognition" provisions recognise that there may be times when it is necessary or expedient to allow shot-firers from other jurisdictions to work in Tasmania – where they have special industrial expertise, for example – and these provisions seek to facilitate this. However, if the work is to be on an extended basis an interstate shot-firer should apply for a Tasmanian shot-firing permit.

74Effect of recognition (1)  This regulation applies if, under regulation 73 , an interstate shot-firing authority (in this regulation referred to as "the authority") is recognised in Tasmania. (2)  The recognition entitles the holder of the authority (in this regulation referred to as "the interstate shot-firer") to do shot-firing in Tasmania of the category specified in the certificate of recognition until – (a) the authority is exhausted or expires, or is cancelled or surrendered under the corresponding law; or (b) the Secretary, by notice, cancels the recognition. (3)  However – (a) the entitlement is subject to the recognition conditions and, in so far as they can apply in Tasmania, the conditions of the authority; and (b) the recognition has no force or effect during any period in which the authority is suspended under the corresponding law. (4)  The recognition is not renewable or transferable. (5)  The Secretary, by notice, may cancel the recognition if the Secretary believes on reasonable grounds that – (a) the interstate shot-firer no longer requires the recognition or can no longer demonstrate a legitimate need for it; or (b) it is necessary or expedient to do so in the interests of State security or public safety; or (c) the interstate shot-firer has done, in Tasmania, shot-firing of a category not specified in the certificate of recognition; or (d) the recognition conditions or, in so far as they can apply in Tasmania, the conditions of the authority have been contravened in a material or sustained way; or (e) having regard to the criteria in Schedule 4 or any other matters, the interstate shot-firer is no longer a fit and proper person to have the benefit of such recognition; or (f) there is other compelling justification for the cancellation. (6)  However, the Secretary is not to cancel the recognition solely on the ground referred to in subregulation (5)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 . (7)  The notice under subregulation (5) is to inform the interstate shot-firer of – (a) the cancellation; and (b) the reasons for the cancellation; and (c) when the cancellation takes effect; and (d) the right of review. (8)  The cancellation of the recognition has the automatic effect of cancelling the interstate shot-firer’s accreditation, if any, as a shot-firing instructor. (9)  For the purposes of this regulation, the Secretary may liaise with and report any relevant matters to the responsible authorities under the relevant corresponding law. Division 9Shot-firer training75InterpretationIn this Division – direct includes – (a) cause, order and require; and (b) induce by means of any threat or reward; organise, a shot-firing course, means – (a) to establish, maintain or administer the course or any part of it; or (b) to pay (otherwise than by means of personal attendance fees or levies) for the establishment, maintenance or administration of the course or any part of it; shot-firing course means a course of training in a category of shot-firing; trainee means the natural person who, in a shot-firing course, receives the actual training; trainer means the natural person who, in a shot-firing course, provides the actual training; training includes – (a) the provision of theoretical instruction; and (b) the assessment of trainees. 76Shot-firing courses to be accredited (1)  A person must not organise a shot-firing course unless the course is accredited.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. (2)  However, a person does not commit an offence under subregulation (1) merely by – (a) planning a shot-firing course; or (b) making preliminary arrangements for a shot-firing course for which accreditation has been sought but not yet refused. (3)  A person must not claim that a shot-firing course is accredited under this Division if it is not so accredited.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. 77Key obligations of persons imposing training requirements (1)  This regulation applies if a person directs anyone to – (a) provide training in shot-firing of any category; or (b) receive training in shot-firing of any category. (2)  If subregulation (1)(a) applies, the person giving the direction must ensure that – (a) the training is provided through an accredited shot-firing course of the relevant category; and (b) when the training is provided – (i) the recipient of the direction is an accredited shot-firing instructor of the relevant category; and (ii) the trainee has the necessary approval under regulation 88 .

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. (3)  If subregulation (1)(b) applies, the person giving the direction must ensure that the recipient of the direction – (a) receives the training through an accredited shot-firing course of the relevant category, from a trainer who is an accredited shot-firing instructor of the relevant category; and (b) has, when the training is actually received, the necessary approval under regulation 88 .

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. 78Key personal obligations of shot-firing instructorsA person must not train anyone in shot-firing of any category unless – (a) the person is an accredited shot-firing instructor of the relevant category; and (b) the person has verified that the trainee has the necessary approval under regulation 88 ; and (c) the training is provided through an accredited shot-firing course of the relevant category.

Penalty:  Fine not exceeding 30 penalty units.

79Key personal obligations of shot-firing trainees (1)  A person must not accept training in shot-firing of any category except – (a) through an accredited shot-firing course of the relevant category; and (b) from an accredited shot-firing instructor of the relevant category.

Penalty:  Fine not exceeding 30 penalty units.

Note: The trainee must also comply with regulation 88 .

(2)  However, it is a defence in proceedings for an offence under subregulation (1) if a defendant establishes that he or she made reasonable enquiries to ensure that he or she was not contravening that subregulation. 80Applications for accreditation (1)  A corporation or other person wishing to organise a shot-firing course may apply to the Secretary for the accreditation of that course. (2)  A natural person wishing or required to train anyone in shot-firing of any category may apply to the Secretary for accreditation as a shot-firing instructor. (3)  An application must be in accordance with regulation 29 . (4)  The Secretary may – (a) refuse an application; or (b) approve an application on such conditions, if any, as the Secretary thinks fit (in this regulation referred to as "accreditation conditions"). (5)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (6)  If the application is approved unconditionally, the Secretary is to do the following as soon as practicable: (a) accredit the shot-firing course or shot-firing instructor; (b) issue the applicant with a certificate of accreditation. (7)  The certificate of accreditation is to be in approved form but it must specify the category of shot-firing the accreditation is valid for. (8)  If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed accreditation conditions; (b) if, within a reasonable period, the applicant agrees to the proposed accreditation conditions (or, failing that, the Secretary and the applicant are able to agree on modified accreditation conditions) the Secretary is to – (i) accredit the shot-firing course or shot-firing instructor; and (ii) issue the applicant with a certificate of accreditation; and (iii) inform such other persons of the matter as the Secretary thinks fit; (c) if, within a reasonable period, the applicant does not agree to the proposed accreditation conditions (or the Secretary and the applicant are unable to agree on modified accreditation conditions) the application is taken to have been refused at the end of that period and the procedure set out in subregulation (5) is to be followed. (9)  In this regulation – reasonable period means a period of at least 7 days allowed by the Secretary. 81Matters relevant to grant of accreditation (1)  The matters that the Secretary may take into account in deciding whether or not to approve an application for the accreditation of a shot-firing course include the following: (a) whether there is legitimate demand or need for the course with particular regard to the immediate and longer-term operational and commercial skill requirements of relevant industries; (b) the aim and scope of the course and the standard of its practical and theoretical content; (c) the standard of course material and protocols, with particular regard to supervision, explosives security, trainee and instructor safety and hazard management; (d) the scale, duration and locale of the course; (e) the impact and likely level of disturbance on or to any person, property or enterprise; (f) the availability of suitably qualified shot-firing instructors of the relevant category; (g) the nature and standard of the course assessment process; (h) the provisions of any codes of practice relevant to shot-firing competencies or training of the relevant category; (i) the applicant’s safety and compliance record, if any, in relation to shot-firing or other workplace training and occupational health and safety matters; (j) the applicant’s record, if any, in complying with the Act and allied Acts. (2)  The matters that the Secretary may take into account in deciding whether or not to approve an application for accreditation as a shot-firing instructor include the following: (a) the applicant’s qualifications and record in shot-firing and shot-firing training (either generally or as regards any category of shot-firing); (b) the staffing and instructional needs of any shot-firing course of the relevant category that is or is soon likely to be accredited; (c) the provisions of any codes of practice relevant to shot-firing competencies or training of the relevant category. (3)  The Secretary must not accredit a person as a shot-firing instructor for any category of shot-firing if the person is not – (a) an adult; and (b) the holder of – (i) a shot-firing permit with an endorsement of the same category; or (ii) a certificate of recognition under regulation 73 , being recognition that is valid for the same category; and (c) in the reasonable opinion of the Secretary having regard to Schedule 4 , a fit and proper person to be a shot-firing instructor. 82General nature of accreditation (1)  In the case of a shot-firing course, accreditation – (a) authorises the holder of the accreditation to organise the course in accordance with the conditions, if any, of the accreditation; and (b) to avoid doubt, does not authorise the holder of the accreditation (if a natural person) to provide any of the actual training; and (c) comes into force when it is granted and unless sooner cancelled or forfeited, continues in force for 3 years from the date of its issue or for such shorter period from that date as its holder and the Secretary may agree; and (d) is from time to time renewable. (2)  In the case of a shot-firing instructor, accreditation – (a) authorises its holder to provide training in shot-firing of the category specified in the certificate of accreditation (in accredited shot-firing courses) in accordance with the conditions, if any, of the course accreditation; and (b) comes into force when it is granted and, unless sooner cancelled or forfeited, continues in force for 3 years from the date of its issue or for such shorter period from that date as its holder and the Secretary may agree; and (c) is from time to time renewable. (3)  The holder of accreditation under this Division must not contravene a condition of the accreditation.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. 83Renewal of accreditation (1)  A person holding accreditation may apply to the Secretary for its renewal. (2)  The application must be in accordance with regulation 29 . (3)  The application – (a) is to be lodged no later than 7 days (but no sooner than 3 months) before the accreditation is due to expire; and (b) may be made even if the accreditation is suspended. (4)  If the application is lodged after the subregulation (3)(a) deadline, the Secretary in his or her absolute discretion may still accept it if – (a) the accreditation has not expired; and (b) the applicant pays a prescribed late fee. (5)  The Secretary may – (a) refuse the application; or (b) approve the application. (6)  For the purposes of subregulation (5) , the Secretary may have regard to any matter that he or she could or would be required to have regard to if the application for renewal were an application under regulation 80 . (7)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (8)  If the application is approved, the Secretary – (a) is to notify the applicant of the approval as soon as practicable; and (b) may, on the Secretary’s own initiative or at the request of the applicant, issue the applicant with a fresh certificate of accreditation. (9)  Where an application to renew any accreditation is not determined before the day on which it is due to expire, the accreditation is, despite any other provision of these regulations, taken to continue in force on and after that day until which ever of the following first occurs: (a) the 3-month period immediately following that day expires; (b) the accreditation is renewed or its renewal is refused. 84Surrender of accreditation (1)  A person holding accreditation under this Division may, by notice to the Secretary or an authorised officer, surrender the accreditation at any time. (2)  If the surrender is made through an authorised officer, the authorised officer is to notify the Secretary of it as soon as practicable. (3)  The accreditation has no surrender value. 85Variation of accreditation (1)  The Secretary may vary the conditions of an accreditation at any time by – (a) adding new conditions; or (b) varying or removing existing conditions. (2)  The variation may be effected – (a) consequent on an application made by the holder of the accreditation in accordance with regulation 29 ; or (b) on the Secretary’s own initiative, for reasonable cause, after consulting the holder of the accreditation. (3)  Without limiting what may be relevant for subregulation (2)(b) , the Secretary may have regard to the scope, rigorousness and practicality of the existing accreditation conditions by reference to such things as – (a) developments in shot-firing technology, practices or training; and (b) the experience of any person in respect of the accreditation or similar accreditation; and (c) changes in the law, or in any relevant code or standard, having implications for shot-firing training; and (d) changes in the State’s security environment having implications for shot-firing training; and (e) changes in the scope or nature of any activities related to the relevant category of shot-firing; and (f) workplace and training safety issues; and (g) accreditation compliance issues. (4)  If subregulation (2)(a) applies and the application is refused, the Secretary is to notify the applicant of – (a) the refusal; and (b) the reason for the refusal; and (c) the right of review. (5)  If subregulation (2)(a) applies and the application is approved, the Secretary is to notify the applicant of the approval, the variation and when the variation is to take effect. (6)  If subregulation (2)(b) applies, the Secretary is to notify the holder of the permit of – (a) the variation; and (b) the reasons for the variation; and (c) when the variation is to take effect; and (d) if the variation has the effect of making the permit more restrictive, the right of review. (7)  The variation of the conditions of any accreditation takes effect when the holder of the accreditation is notified of the approval of variation or at such later time as the Secretary, by the notice, specifies. (8)  The Secretary, on varying the conditions of any accreditation, may issue the holder of the accreditation with a fresh certificate of accreditation. 86Transfer of accreditation (1)  In the case of a shot-firing instructor, accreditation is personal and non-transferable. (2)  In the case of a shot-firing training course, the holder of the accreditation may apply to the Secretary for approval to transfer the accreditation, either permanently or for a limited period. (3)  The application must be in accordance with regulation 29 and, additionally – (a) identify the transferee; and (b) specify the proposed date or period of transfer; and (c) contain evidence that the transferee supports the making of the application. (4)  The Secretary may – (a) refuse the application; or (b) approve the application on such conditions, if any, as the Secretary thinks fit (in this regulation referred to as "transfer conditions"). (5)  A transfer condition may be – (a) a condition precedent attaching to the transfer; or (b) a condition attaching to the accreditation itself. (6)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (7)  If the application is approved unconditionally, the Secretary is to do the following as soon as practicable: (a) notify the applicant of the approval; (b) take such administrative measures as may be necessary or expedient to execute the transfer. (8)  If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant of the approval and the proposed transfer conditions; (b) if, within a reasonable period, the applicant agrees to the proposed transfer conditions (or, failing that, the Secretary and the applicant are able to agree on modified transfer conditions) the Secretary is to – (i) take such administrative measures as may be necessary or expedient to execute the transfer; and (ii) inform such other persons of the matter as the Secretary thinks fit; (c) if, within a reasonable period, the applicant does not agree to the proposed transfer conditions (or the Secretary and the applicant are unable to agree on modified transfer conditions) the application is taken to have been refused at the end of that period and the procedure set out in subregulation (6) is to be followed. (9)  A transfer of accreditation – (a) is of no effect unless approved by the Secretary; and (b) if approved, takes effect subject to any transfer conditions. (10)  Despite any other provision of this regulation, the Secretary may, by notice to the parties, suspend or cancel an approval to the transfer of any accreditation if the transfer has not, in the Secretary’s reasonable opinion, been completed and a condition precedent attaching to the transfer has not been complied with. (11)  In this regulation – reasonable period means a period of at least 7 days allowed by the Secretary. 87Cancellation and suspension of accreditation (1)  The Secretary, by notice, may cancel or suspend an accreditation under this Division at any time if the Secretary believes on reasonable grounds that – (a) the holder of the accreditation no longer requires it or can no longer demonstrate a legitimate need for it; or (b) it is necessary or expedient to do so in the interests of State security or public safety; or (c) the conditions of the accreditation, if any, have been contravened in a material or sustained way; or (d) having regard to the criteria in Schedule 4 or other matters, the holder of the accreditation is no longer a fit and proper person to hold such accreditation. (2)  However, the Secretary is not to cancel the accreditation solely on the ground referred to in subregulation (1)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 . (3)  In deciding whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard State security and public safety as the paramount considerations rather than the rights and convenience of the holder of the accreditation. (4)  A notice under subregulation (1) is to inform the relevant holder of accreditation of – (a) the cancellation or suspension; and (b) the reasons for the cancellation or suspension; and (c) when the cancellation or suspension takes effect; and (d) the right of review; and (e) in the case of suspension, any conditions that must be met before the Secretary will consider revoking the suspension. (5)  The Secretary, by notice, may revoke the suspension of an accreditation at any time. (6)  Except for the purposes of an application for its renewal, accreditation has no force or effect while it is suspended. (7)  The Secretary may give such persons such notice of the cancellation or suspension of an accreditation as the Secretary thinks fit. 88Monitoring of trainees (1)  A person must not accept training in shot-firing of any category without the Secretary’s approval.

Penalty:  Fine not exceeding 50 penalty units.

Note: The trainee must also comply with regulation 79 .

(2)  Any person who has attained the age of 17 years and 9 months may apply for such approval. (3)  The application must be in accordance with regulation 29 and, additionally, be accompanied by – (a) proof in an approved form of the applicant’s age; and (b) proof that the applicant has applied to do an accredited shot-firing course of the relevant category or is required or expected to do such a course for employment or occupational training purposes; and (c) a passport photograph or digital image of the applicant. (4)  The Secretary may – (a) refuse the application; or (b) approve the application. (5)  The Secretary must not approve the application unless satisfied that the applicant – (a) is (or will be by the time the relevant training commences) an adult; and (b) has legitimate need of the training; and (c) is, having regard to the criteria in Schedule 4 or other matters, a fit and proper person to receive such training. (6)  However, if the applicant appears to be a fit and proper person of the requisite age having a legitimate need to receive training in shot-firing of the relevant category in order to gain or retain employment, the Secretary must not unreasonably delay consideration of, or refuse, the application. (7)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) the right of review. (8)  If the application is approved, the Secretary – (a) is to notify the applicant of the approval as soon as practicable; and (b) may notify such other persons of the approval as the Secretary thinks fit. (9)  The notice of approval is to be in an approved form but it must specify the category of shot-firing the approval is valid for. (10)  The approval – (a) authorises its holder to accept (in accredited shot-firing courses) training in shot-firing of the category specified in the notice of approval from shot-firing instructors who hold accreditation for the same category of shot-firing; and (b) comes into force as soon as its holder is given notice of it and, unless sooner cancelled or surrendered, continues in force until midnight of the expiry date determined by the Secretary and specified in that notice; and (c) may, by notice to the Secretary, be surrendered at any time; and (d) is not renewable or transferable. (11)  The Secretary, by notice, may cancel or suspend the approval at any time if satisfied that – (a) the holder of the approval no longer requires it or can no longer demonstrate a legitimate need for it; or (b) a relevant shot-firing course or shot-firing instructor has ceased for any reason to be accredited; or (c) it is necessary or expedient to do so in the interests of State security or public safety; or (d) having regard to the criteria in Schedule 4 or any other matters, the holder of the approval is not a fit and proper person to continue holding such an approval; or (e) there is other compelling justification for the cancellation or suspension. (12)  However, the Secretary is not to cancel the approval solely on the ground referred to in subregulation (11)(c) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 . (13)  The notice under subregulation (11) is to inform the holder of the approval of – (a) the cancellation or suspension; and (b) the reasons for the cancellation or suspension; and (c) when the cancellation or suspension takes effect; and (d) the right of review; and (e) in the case of suspension, any conditions that must be met before the Secretary will consider revoking the suspension. (14)  The Secretary, by notice, may revoke the suspension at any time. (15)  The approval has no force or effect while it is suspended. (16)  The Secretary may give such persons such notice of the cancellation or suspension of an approval as the Secretary thinks fit. Division 10Blasting89InterpretationIn this Division – adequate insurance cover, for any blasting, means a current policy of insurance that – (a) is issued by a corporate insurer carrying on business in Australia; and (b) provides insurance cover of at least $10 million (or such lesser amount as the Secretary may, in an individual case, approve in writing) against liability for any injury to persons or property or the environment that may occur as a result of a negligent act or omission in connection with the blasting; blasting means the firing of explosives in order to – (a) blast rock, earth or solid material; or (b) demolish, destroy, dislodge or damage a structure or other thing, whether on or under land or water; commission, blasting, means to cause or direct the blasting to take place; general blasting means blasting of the kind referred to in regulation 91(5) ; limited blasting means blasting of the kind referred to in regulation 91(4) ; person includes a body politic; responsible person, for any blasting, means a person who commissions, supervises or carries out the blasting; status, of blasting, means its status in terms of whether it is general blasting or limited blasting; trainee blasting means blasting carried out as part of the requirements of an accredited shot-firing course. 90Blast insurance (1)  Blasting may only be carried out if there is adequate insurance cover for it. (2)  If any blasting is carried out without adequate insurance cover, the person who commissioned the blasting and the person who carried it out are each guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  This regulation does not apply to blasting done by or on behalf of the Crown in right of the State. 91Blasting plans (1)  Blasting may only be carried out if there is a valid blasting plan for it.

Note: For the validity of blasting plans  – see regulation 93 .

(2)  If any blasting is carried out without a valid blasting plan, the person who commissioned the blasting and the person who carried it out are each guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A blasting plan may be – (a) a limited blasting plan; or (b) a general blasting plan. (4)  A limited blasting plan is appropriate for – (a) one discrete blast; or (b) a set of blasts, in one location, not extending beyond one day; or (c) trainee blasting. (5)  A general blasting plan is appropriate for the kind of multiple or repetitive blasting (possibly occurring over an extended period) that is typically associated with the operation of a mine, a large commercial quarry or road construction works and where a requirement to prepare blasting plans for each discrete blast would be inefficient and onerous in regulatory and commercial terms. (6)  However, nothing in this regulation is to be taken as preventing a person from preparing, in respect of any blasting that is to be carried out over a period of more than one day, a series of limited blasting plans for each of those days. 92Preparation of blasting plans (1)  A blasting plan may be prepared by any of the following persons: (a) the person commissioning the blasting; (b) the shot-firer who is to supervise or carry out the actual blasting; (c) the employer of the shot-firer who is to supervise or carry out the actual blasting (whether the employment is under a contract for services or a contract of services); (d) the person having ownership or control of the land on which the blasting is to take place; (e) the person having the control and management of the blasting site; (f) a person approved by the Secretary. (2)  Without limiting the generality of subregulation (1) , a blasting plan for trainee blasting may be prepared by – (a) the organiser of the relevant shot-firing course; or (b) a shot-firer providing any of the training in that course. 93Blasting plans only valid if endorsed by shot-firer (1)  A blasting plan is only valid for the purposes of this Division if it is endorsed by – (a) in the case of trainee blasting, the shot-firer who is to supervise the trainee blasting; or (b) in the case of any other kind of blasting, the shot-firer who is to supervise or carry out the actual blasting. (2)  For subregulation (1) , a shot-firer endorses a blasting plan by – (a) signing and dating the plan; and (b) if the plan has been prepared by a person other than the shot-firer, appending the word "agreed", "approved" or "endorsed" to the plan (near the shot-firer’s signature). 94Form of blasting plansA blasting plan is to be in an approved form. 95Content of blasting plans (1)  A blasting plan – (a) may contain such information as the person preparing it considers necessary or expedient in the circumstances; but (b) must provide certain core information. (2)  The core information, for anything other than trainee blasting, is as follows: (a) the identity of the person commissioning the blasting; (b) the purpose of the blasting; (c) particulars, if applicable, of the blast insurance; (d) the identity of the shot-firers supervising or carrying out the blasting; (e) the expected blasting date (or dates) and, if known, the expected blasting time (or times); (f) the location (by reference to a plan, geographical coordinates, land description or any combination thereof) of the blasting site; (g) the type of explosives; (h) the blasting initiation method; (i) an indication of whether the blasting has any special features or risks and, if so, how these will be managed; (j) the name and contact details of a responsible adult to act as the first contact and liaison point for State and local government. (3)  The core information for trainee blasting is as follows: (a) particulars of the relevant shot-firing course; (b) the identity of the relevant trainer and trainee; (c) particulars of the blast insurance; (d) the expected blasting date and, if known, the expected blasting time; (e) the location (by reference to a plan, geographical coordinates, land description or any combination thereof) of the blasting site; (f) the type of explosives; (g) the blasting initiation method. 96Secretary may require documents and information (1)  The Secretary, by notice, may require a responsible person to give the Secretary, within a specified time – (a) a copy of the blasting plan for any completed, current or prospective blasting; and (b) such information about the blasting as the Secretary may require. (2)  A person who is given a notice under subregulation (1) must comply with that notice.

Penalty:  Fine not exceeding 25 penalty units.

(3)  However, in any proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that the defendant was not a responsible person for the relevant blasting. 97Temporary suspension orders (1)  The Secretary may, in respect of any blasting, issue the person who has commissioned the blasting with a temporary suspension order if reasonably satisfied that the suspension is necessary to – (a) enable any urgent or unforeseen contingencies or matters arising from the blasting to be assessed or addressed by any person; or (b) check on any serious deficiencies or issues that the blasting appears to have brought to light in the blasting plan; or (c) check on any permissions or insurance. (2)  A person who is issued with a temporary suspension order under subregulation (1) must comply with that temporary suspension order.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A temporary suspension order overrides any blasting plan. (4)  In this regulation – temporary suspension order means a written order, in approved form, ordering the suspension of blasting for a period not exceeding 48 hours specified in the order. 98Emergency exemptions (1)  The Secretary may exempt a person from all or any of the provisions of this Division if reasonably satisfied that – (a) the person needs to carry out unplanned emergency blasting to save or protect life or property; or (b) the person needs to carry out unplanned blasting at short notice to deal with an unforeseen contingency arising from blasting under a blasting plan; or (c) there is other compelling justification for granting the exemption. (2)  The exemption may be applied for and granted by such means as the Secretary considers necessary or expedient in the circumstances.

Note: This regulation recognises that there may be occasions when blasting needs to be carried out at short notice – for example, to effect mine rescue, clear a traffic obstruction or deal with misfires – and that to insist on blasting plans or other protocols on such occasions may endanger life or property, disrupt the community or unreasonably stall a commercial enterprise or industrial operation.

99Compliance with blasting plans and determinations (1)  A person commissioning any blasting must ensure that all persons involved in carrying out the blasting comply with the relevant blasting plan.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person carrying out any blasting must comply with the relevant blasting plan.

Penalty:  Fine not exceeding 50 penalty units.

Division 11FireworksSubdivision 1Preliminary100InterpretationIn this Division – fireworks display means – (a) an event that has, as its sole or a major purpose, the display of Type 2 fireworks or Type 3 fireworks (or any combination thereof); or (b) the display of Type 2 fireworks, Type 3 fireworks or theatrical fireworks (or any combination thereof) in an event that involves the incidental use of fireworks; or (c) any purely incidental display of Type 2 fireworks, Type 3 fireworks or theatrical fireworks (or any combination thereof); fireworks display permit – see regulation 106 ; firing, of fireworks, includes their priming, ignition and detonation; follow-up measures, for a fireworks display, includes – (a) checking the site for ignited or smouldering materials or misfires or overlooked fireworks; and (b) securing and removing unused fireworks; and (c) securing and removing mortars and other shot-firing equipment; and (d) extinguishing pyres, bonfires and braziers; and (e) generally clearing the site of rubbish, debris and materials; procure, fireworks, means to procure the fireworks by means of lawful purchase or exchange or by supplying them from personal stocks; pyrotechnician – see regulation 103 ; responsible adult – see regulation 107 ; total fire ban declaration means a declaration under section 70 of the Fire Service Act 1979 ; undischarged, fireworks display permit, means that the permit is for a fireworks display that is yet to be held; use, fireworks, means – (a) placing and preparing the fireworks in readiness for firing; and (b) placing and preparing firing platforms, mortars and other equipment in connection with that firing; and (c) firing the fireworks; and (d) the retrieval and safe disposal of the fireworks should they fail or partially fail. 101What are fireworks? (1)  In this Division – theatrical fireworks means – (a) loose poured flash powder; or (b) fireworks fitted with or adapted to the use of an electrical ignition device and designed to be safe for indoor theatrical use; or (c) other fireworks designed or adapted for theatrical use; Type 1 fireworks means fireworks specified in Schedule 5 (being fireworks that are intended for use inside domestic premises); Type 2 fireworks means fireworks that are – (a) Shopgoods fireworks within the meaning of AS 2187.3; but (b) not Type 1 fireworks; Type 3 fireworks, also known as professional display or event fireworks, means fireworks other than Type 1 fireworks or Type 2 fireworks. (2)  For the purposes of this Division, the Secretary may – (a) determine any question or dispute as to whether a firework is a Type 2 firework or Type 3 firework; and (b) take into account the Australian Explosives Code Default Fireworks Classification Table or any other relevant code of standard when making a determination under this subregulation. (3)  A determination made by the Secretary under subregulation (2) is final. 102Status of Type 3 fireworks stored in magazine in large quantity (1)  For the purposes of this Division, whenever the quantity of Type 3 fireworks stored in a magazine reaches, in aggregate, a quantity exceeding 200 kilograms NEQ – (a) all the Type 3 fireworks stored in the magazine are taken to be class 1.1G dangerous substances; and (b) all of the Type 3 fireworks stored in the magazine must, for so long as their aggregate quantity continues to exceed 200 kilograms NEQ, be handled by all persons in all respects as if they were class 1.1G dangerous substances. (2)  A person who fails to comply with subregulation (1)(b) in handling any Type 3 fireworks stored in a magazine is guilty of an offence.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. (3)  In this regulation – NEQ means net explosive quantity. 103What is a pyrotechnician? (1)  For the purposes of this Division, a pyrotechnician is a person who holds a shot-firing permit with a pyrotechnics endorsement. (2)  Also, under this Division, a person is taken to be a pyrotechnician for the purposes of a specific display or other activity involving fireworks if – (a) the person holds an interstate shot-firing authority that is recognised under regulation 73 ; and (b) the recognition is valid for category 4 shot-firing; and (c) the conditions of the recognition expressly or impliedly entitle the person to engage in that specific display or activity in Tasmania. 104Application of Part (1)  The provisions of this Division are in specific addition to and not in derogation of the other provisions of this Part as they apply to fireworks.

Note: For example, regulations 41 , 42 , 43 , 44 , 45 , 48 , 51 , 53 , 55 , 56 , 57 , 58 , 59 and 60 all apply to fireworks.

(2)  However, nothing in this Division applies to the use, in accredited shot-firing courses, of Type 2 fireworks or Type 3 fireworks for or in connection with the practical training of persons in category 4 shot-firing. Subdivision 2Use of fireworks105Restrictions on use of fireworks (1)  A person must not use Type 2 fireworks or theatrical fireworks except as authorised by a fireworks display permit.

Penalty:  Fine not exceeding 50 penalty units.

Note 1: As Type 1 fireworks are exempt explosives, the use of such fireworks (which are specified in Schedule 5 ) is not restricted by these regulations. A person does not have to be a pyrotechnician to use such fireworks.

Note 2: Also, although Type 2 fireworks are explosives to which these regulations apply, a person does not have to be a pyrotechnician to use such fireworks (though other handling restrictions do apply).

(2)  A person must not use Type 3 fireworks unless the person is a pyrotechnician.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A pyrotechnician must not use Type 3 fireworks except as authorised by a fireworks display permit.

Penalty:  Fine not exceeding 50 penalty units.

Subdivision 3Fireworks displays106Fireworks displays not to be held without permitA person must not hold a fireworks display unless the person holds a fireworks display permit for that display.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units.

Note 1: As Type 1 fireworks are exempt explosives, the display of such fireworks (which are specified in Schedule 5 ) is not restricted by these regulations.

Note 2: A fireworks display permit merely authorises the holding of a particular fireworks display; it does not authorise persons who are not pyrotechnicians to use any Type 3 fireworks.

107Applications for fireworks display permits (1)  An application for a fireworks display permit must be in accordance with regulation 29 and, additionally – (a) state the purpose of the proposed fireworks display; and (b) nominate, if the applicant is a corporation, a responsible adult and an alternate responsible adult; and (c) nominate, if Type 3 fireworks are to be used, a pyrotechnician; and (d) unless the Secretary otherwise agrees, be lodged at least 21 clear days before the date of the proposed fireworks display. (2)  The responsible adult is to be the person who will, on behalf of the applicant corporation – (a) generally oversee and direct the proposed fireworks display; and (b) monitor and ensure, on the ground, compliance with the permit conditions for the permit holder; and (c) act, on the ground, as the first contact and liaison point for the emergency services, police and other officials in respect of the proposed fireworks display. (3)  The alternate responsible adult is to be the person who will assume the role referred to in subregulation (2) if, for illness or any other reason, the nominated responsible adult is unable to discharge that role. (4)  The nominated pyrotechnician is to be the pyrotechnician who will be responsible for – (a) procuring the fireworks for the proposed display; and (b) if applicable, using or supervising the use of any Type 3 fireworks in the proposed display. (5)  In the case of an applicant who is a natural person and also a pyrotechnician, the nominated pyrotechnician may be the applicant. (6)  More than one pyrotechnician may be nominated if procurement and use are to be in separate hands. (7)  The Secretary may – (a) refuse the application; or (b) approve the application on such conditions as to safety, notification and publicity, supervision, training, timing or otherwise as the Secretary thinks fit.

Note: Unless the Secretary otherwise determines, the permit will also be subject to the standard conditions set out in Schedule 7 .

(8)  Without limiting the Secretary’s discretion, the Secretary may refuse the application if not satisfied of the following: (a) that the application can be properly considered before the proposed fireworks display; (b) that the applicant is, in the case of a natural person, an adult; (c) that the applicant is, having regard to the criteria in Schedule 4 and any other matters the Secretary considers relevant, a fit and proper person to hold a fireworks display; (d) that, if applicable, a person nominated as responsible adult or alternate responsible adult is capable of performing that role; (e) that, if applicable, a person nominated as responsible adult or alternate responsible adult has agreed to be so nominated; (f) that, if applicable, the nominated pyrotechnician has agreed to be so nominated; (g) that the proposed fireworks display can be safely organised or held; (h) that the proposed fireworks display is for an approved purpose specified in Schedule 6 . (9)  The Secretary must refuse the application if the proposed fireworks display would contravene a total fire ban declaration. (10)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (b) the reasons for the refusal; and (c) unless subregulation (9) applies, the right of review. (11)  If the application is approved, the Secretary is to do the following as soon as practicable: (a) notify the applicant of the approval; (b) issue the applicant with the permit. (12)  If the application is approved, the Secretary may liaise with and notify such persons of the matter as the Secretary thinks fit, including – (a) the Police Service; and (b) the Tasmania Fire Service or other emergency services; and (c) any affected council. 108What does a permit authorise? (1)  A fireworks display permit authorises its holder to – (a) hold the single fireworks display specified in the permit; and (b) do such things as may be reasonably necessary or incidental to the holding of that fireworks display, including necessary follow-up measures. (2)  The permit also authorises – (a) the holder of the permit to lawfully procure up to the allowable quantity of Type 2 fireworks; and (b) the use, in the relevant fireworks display, of those Type 2 fireworks. (3)  If the permit sanctions the use of Type 3 fireworks, it also authorises – (a) the nominated pyrotechnician to lawfully procure those Type 3 fireworks; and (b) the use, in the relevant fireworks display, of those Type 3 fireworks by – (i) the nominated pyrotechnician; and (ii) pyrotechnicians, if any, acting under the direction and supervision of the nominated pyrotechnician. (4)  Nothing in this regulation is to be taken as requiring a person to procure or use the full allowable quantity of fireworks for a fireworks display. (5)  In this regulation – allowable quantity, of Type 2 fireworks for a fireworks display permit, means 12.5kg gross weight or such lower quantity as the conditions of the permit specify. 109General nature of permits (1)  Unless the Secretary otherwise determines and specifies in the permit, a fireworks display permit – (a) comes into force when it is issued; and (b) expires, except for the authority to take necessary follow-up measures, immediately after the fireworks display it authorises. (2)  A fireworks display permit is not transferable or renewable. (3)  A fireworks display permit is subject to – (a) such conditions as the Secretary specifies in the permit pursuant to regulation 107(7)(b) ; and (b) unless the Secretary specifies otherwise in the permit, the standard conditions in Schedule 7 .

Note: The standard conditions are additional to any conditions the Secretary may impose on the specific permit under regulation 107(7) .

(4)  The holder of a fireworks display permit must not contravene a condition of the permit.

Penalty:  Fine not exceeding –

(a) for a body corporate, 50 penalty units; or (b) for an individual, 30 penalty units. 110Surrender of permits (1)  The holder of an undischarged fireworks display permit may, by notice to the Secretary or an authorised officer, surrender the permit at any time. (2)  If the surrender is made through an authorised officer, the authorised officer is to notify the Secretary as soon as practicable. (3)  The Secretary may notify such persons of the surrender as the Secretary thinks fit, including – (a) the Police Service; and (b) any of the emergency services; and (c) any affected council. (4)  The permit has no surrender value. 111Variation of permits (1)  The Secretary, by notice, may vary the conditions of an undischarged permit at any time. (2)  The notice of variation may be given to the holder of the permit or, in the Secretary’s discretion in the case of a corporation, the responsible adult. (3)  If the notice is given to the responsible adult it is also taken to constitute notification to the holder of the permit. 112Cancellation of permits (1)  The Secretary, by notice, may cancel an undischarged permit at any time if the Secretary believes on reasonable grounds that – (a) the intended fireworks display would contravene a total fire ban declaration; or (b) the relevant event is cancelled or postponed; or (c) the cancellation is necessary or expedient in the interests of State security or public safety; or (d) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is not a fit and proper person to hold such a permit; or (e) there is other compelling justification for the cancellation. (2)  However, the Secretary is not to cancel a permit solely on the ground referred to in subregulation (1)(c) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 . (3)  The notice under subregulation (1) is to inform the holder of the permit of – (a) the cancellation; and (b) the reasons for the cancellation; and (c) when the cancellation takes effect; and (d) the right of review. 113Substitute pyrotechnicians (1)  This regulation applies if the Secretary is satisfied, in respect of a fireworks display permit, that the nominated pyrotechnician will be unable to perform that role fully or at all. (2)  The Secretary, by notice, may allow the holder of the fireworks display permit to nominate a different pyrotechnician. (3)  The Secretary, by the same notice, may attach such conditions to the new nomination as the Secretary thinks fit in the circumstances and those conditions are taken to be conditions of the permit. 114Commonwealth Day (Cracker Night)For the purposes of this Division – (a) a fireworks display for Commonwealth Day is not capable of being held on any day other than a Saturday; and (b) if in any year Commonwealth Day (24 May) does not fall on a Saturday, a fireworks display for Commonwealth Day may be held on the following Saturday. 115Rescheduling of fireworks displays (1)  The Secretary, by notice, may allow the holder of an undischarged fireworks display permit to reschedule the relevant fireworks display if satisfied that – (a) the display is not date-critical; and (b) the timing of the display needs to be advanced or postponed for a valid reason. (2)  The Secretary, by the same notice, may attach such conditions to the rescheduling as the Secretary thinks fit in the circumstances and those conditions are taken to be conditions of the permit. Subdivision 4Sale and supply116Only pyrotechnicians may sell or supply Type 2 or Type 3 fireworks, &c. (1)  A person who is not a pyrotechnician must not sell or supply Type 2 fireworks or Type 3 fireworks to any other person.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A pyrotechnician must not sell or supply Type 3 fireworks except to another pyrotechnician.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that – (a) the defendant carried out reasonable checks to ensure that the relevant sale or supply would not contravene that subregulation; and (b) the checks were reasonable in the circumstances, and not perfunctory; and (c) the relevant sale or supply was made under an honest but mistaken belief that the purchaser or acquirer of the relevant fireworks was a pyrotechnician at the relevant time.

Note: The sale and supply of Type 1 fireworks (which are specified in Schedule 5 ) is unrestricted.

117Only pyrotechnicians may purchase or acquire Type 3 fireworks (1)  A person who is not a pyrotechnician must not purchase or acquire Type 3 fireworks.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A pyrotechnician must not purchase or acquire Type 3 fireworks except from – (a) another pyrotechnician; or (b) a person who, under a corresponding law, is authorised to export Type 3 fireworks to Tasmania.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that – (a) the defendant carried out reasonable checks to ensure that the relevant purchase or acquisition would not contravene that subregulation; and (b) the checks were reasonable in the circumstances, and not perfunctory; and (c) the relevant purchase or acquisition was made under an honest but mistaken belief that the person from whom the relevant fireworks were purchased or acquired was a pyrotechnician at the relevant time.

Note: As Type 1 fireworks are exempt explosives, the purchase and acquisition of such fireworks (which are specified in Schedule 5 ) is unrestricted.

118Retail display restrictions (1)  A person must not cause or allow Type 3 fireworks to be stored on retail premises.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not display Type 2 fireworks on retail premises except in an enclosed cabinet, showcase or sales unit that is – (a) inaccessible to customers; and (b) kept closed and locked (except as may be reasonably necessary for the immediate purposes of cleaning, stocking or inspection or transacting a sale); and (c) so positioned that the fireworks in the cabinet, showcase or sales unit cannot be seen from outside any external window of the retail premises.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person who displays Type 2 fireworks on retail premises must ensure that all of those fireworks are in sealed unbroken packages that – (a) each bear a label clearly and accurately identifying the kind of Type 2 fireworks it contains; and (b) do not, in the case of any individual package, weigh more than 2 kilograms.

Penalty:  Fine not exceeding 50 penalty units.

119Retail sales quantum restrictions (1)  A person who sells fireworks by way of retail on or from any premises must ensure that the total quantity of Type 2 fireworks on the premises does not at any time exceed 200 kilograms gross weight. (2)  In this regulation – gross weight, of fireworks, means their gross weight inclusive of any inner and outer packaging. 120Fireworks not to be sold in public placesA person must not sell fireworks in a public place.

Penalty:  Fine not exceeding 50 penalty units.

121Fireworks retailers to comply with AS 2187.3 (1)  This regulation applies to a person engaged in selling any type of fireworks by way of retail (whether as an employer, employee or in any other capacity). (2)  The person must, in handling the fireworks for or in connection with their retail sale, comply with AS 2187.3.

Penalty:  Fine not exceeding 50 penalty units.

Subdivision 5Miscellaneous handling restrictions122Only pyrotechnicians may manufacture, import, export or store Type 2 or Type 3 fireworksA person must not do any of the following things unless the person is a pyrotechnician: (a) manufacture Type 2 fireworks or Type 3 fireworks; (b) import Type 2 fireworks or Type 3 fireworks; (c) export Type 2 fireworks or Type 3 fireworks; (d) store Type 3 fireworks.

Penalty:  Fine not exceeding 50 penalty units.

123Type 3 fireworks to be stored only in packages in approved magazines (1)  A person must not store Type 3 fireworks anywhere other than in an approved magazine.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who stores any Type 3 fireworks must ensure that all of those fireworks are in sealed unbroken packages that each bear a label clearly and accurately identifying the kind of Type 3 fireworks it contains.

Penalty:  Fine not exceeding 50 penalty units.

124Type 3 fireworks to be secured on day of firing (1)  This regulation applies to a pyrotechnician who takes possession of Type 3 fireworks on any day (in this regulation referred to as "the firing day") for the purpose of – (a) using the Type 3 fireworks on the firing day; or (b) having another pyrotechnician use the Type 3 fireworks on the firing day. (2)  In a subregulation (1)(a) case, the pyrotechnician – (a) must not leave the Type 3 fireworks unattended at any time (except to such extent as may be necessary for safety after they have been placed and made ready for firing); and (b) must transfer the Type 3 fireworks to an approved magazine as soon as practicable if the pyrotechnician decides not to use them on the firing day or discovers that they cannot, for any reason, be used on the firing day.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In a subregulation (1)(b) case, the pyrotechnician must ensure that – (a) the Type 3 fireworks are not left unattended at any time (except to such extent as may be necessary for safety after they have been placed and made ready for firing); and (b) the Type 3 fireworks are transferred to an approved magazine as soon as practicable if the pyrotechnician discovers that they are not, for any reason, to be used on the firing day.

Penalty:  Fine not exceeding 50 penalty units.

(4)  For the purposes of this regulation in its application to Type 3 fireworks for a New Year’s Eve fireworks display, the firing day is taken to extend into New Year’s Day. 125Construction of fireworks mortars (1)  A person must not make a defective fireworks mortar.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not, in respect of a fireworks mortar that the person knows or reasonably ought to know to be defective, do any of the following: (a) sell or supply the fireworks mortar to another person; (b) use the fireworks mortar; (c) cause or allow another person to use the fireworks mortar.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In this regulation – defective, fireworks mortar, means a fireworks mortar with a tube or base made of material that is likely to burn, melt, distort, crack, splinter or fragment from the kinds of detonations and explosions typically involved in the use of such mortars; fireworks mortar means a mortar for launching fireworks. Division 12Documents126Interpretation (1)  In this Division – explosives control document means – (a) a permit to handle an unauthorised explosive issued under regulation 40 ; or (b) a shot-firing permit issued under regulation 64 ; or (c) a certificate of recognition issued under regulation 73(7) ; or (d) a certificate of accreditation issued under Division 9 ; or (e) a notice of approval issued under regulation 88 ; or (f) a fireworks display permit issued under regulation 107 . (2)  To avoid doubt, a reference in this Division to an explosives control document is taken to be a reference not only to the original of that document but also to any document issued by way of replacement of the original of that document on its renewal or variation or under regulation 128 . 127Form of explosives control documentsAn explosives control document is to be in an approved form but it must at least specify – (a) the name of the person it is issued to; and (b) its expiry date; and (c) its conditions, if any; and (d) any particulars required by specific provisions of these regulations. 128Loss and replacement of explosives control documents (1)  The holder of an explosives control document must notify the Secretary within 7 days if the document is stolen, lost or destroyed.

Penalty:  Fine not exceeding 25 penalty units.

(2)  The Secretary, on receipt of the prescribed fee, may give the holder of an undischarged explosives control document a replacement for the document if the Secretary is satisfied that the original has been – (a) stolen, lost or destroyed; or (b) damaged to a degree that renders it unsuitable for use. 129Explosives control documents not to be lentThe holder of an explosives control document must not lend the document to another person or allow another person to use the document.

Penalty:  Fine not exceeding 25 penalty units.

130Production of explosives control documents (1)  The holder of an explosives control document must immediately produce it for inspection if required to do so by an authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person must not produce to an authorised officer a document that is, or purports to be, an explosives control document with the intention of falsely representing to the authorised officer that the person is the holder of an explosives control document.

Penalty:  Fine not exceeding25penalty units.

(3)  A person must not, with intention to deceive, produce to an authorised officer an explosives control document that – (a) has been altered in a material respect; or (b) is a document that resembles an explosives control document.

Penalty:  Fine not exceeding 25 penalty units.

(4)  The holder of an explosives control document must not cause or allow it to be used in a manner calculated to deceive an authorised officer.

Penalty:  Fine not exceeding 25 penalty units.

PART 6Miscellaneous131Instructions to secure explosives on cancellation of entitlement (1)  When cancelling an entitlement under Part 5 , the Secretary may give the holder of the entitlement or any other person instructions for the immediate safety and security of any explosives affected by the cancellation. (2)  In any proceedings for an offence under Part 5 , it is a defence if the defendant establishes that at the relevant time the defendant was complying with an instruction under this regulation. 132Disclosure of certain private information (1)  The Secretary may disclose to any law enforcement agency of a State or the Commonwealth any personal information that is provided to or obtained by or on behalf of the Secretary in connection with any of the following matters under these regulations: (a) the issue and regulation of shot-firing permits under Division 8 of Part 5 ; (b) the accreditation of shot-firing courses and the oversight and regulation of such accreditations under Division 9 of Part 5 ; (c) the accreditation of shot-firing instructors and the regulation of such accreditations under Division 9 of Part 5 ; (d) the granting and regulation of approvals to undergo shot-firing training under regulation 88 . (2)  In administering these regulations, the Secretary is to ensure that the provisions of subregulation (1) are made known to any person who applies for a permit, accreditation or approval referred to in that subregulation. (3)  In this regulation – law enforcement agency has the same meaning as in the Personal Information Protection Act 2004 ; personal information has the same meaning as in the Personal Information Protection Act 2004 . 133Infringement notice offences and penaltiesFor section 90A of the Act – (a) an offence under a provision of the Act or these regulations specified in column 1 of Schedule 8 is a prescribed offence; and (b) the penalty specified in column 2 of that Schedule for that offence is its prescribed penalty. 134Legislation rescindedThe legislation specified in Schedule 9 is rescinded. Schedule 1Prescribed fees

Regulation 3

PART 1Interpretation 1.   The fees prescribed in this Schedule are not subject to GST. 2.   In this Schedule – GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth. PART 2Fees

Description	Fee (fee units)
1.	Regulation 12	Notification of MHF modification [s.36 of Act]	500
2.	Regulation 13	Notification of possible LDSL [s.48(2) of Act]	100
3.	Regulation 15	Notification to enable Secretary to decide whether to classify PMHF as MHF [ss.33 and 34 of Act]	500
4.	Regulation 15	Notification to enable Secretary to decide whether to classify facility as MHF following upgrade or change [s.35 of Act]	500
5.	Regulation 35	Application for authorisation of explosive	50
6.	Regulation 39	Application for cancellation of authorisation of explosive	50
7.	Regulation 40	Application for permit to handle unauthorised explosive	50
8.	Regulation 64	Application for shot-firing permit	50
9.	Regulation 67	Application for renewal of shot-firing permit	50
10.	Regulation 67	Fee for late application for renewal of shot-firing permit	25
11.	Regulation 73	Application for recognition of interstate shot-firing authority	50
12.	Regulation 80	Application for accreditation of shot-firing course	50
13.	Regulation 80	Application for accreditation as shot-firing instructor	50
14.	Regulation 83	Application for renewal of accreditation under Division 9 of Part 5	50
15.	Regulation 83	Fee for late application for renewal of accreditation under Division 9 of Part 5	25
16.	Regulation 88	Application for approval to receive training in shot-firing	50
17.	Regulation 107	Application for fireworks display permit –
(a) for fireworks display not involving Type 3 fireworks	50
(b) for fireworks display involving any Type 3 fireworks	100
18.	Regulation 128	Replacement of explosives control document	20

Schedule 2Relevant Standards

Regulation 3

Dangerous substance	Standard	Standard title
Class Standards
Class 1	AS 2187	Explosives – Storage, transport and use
Australian Explosives Code	The Australian Code for the Transport of Explosives by Road and Rail published by the Commonwealth, as from time to time amended
MPU Code	Code of Practice, Mobile Processing Units published, and as from time to time amended, by the Australian Explosives Industry and Safety Group
Code of Practice for Explosive Precursors	Code of Good Practice for Precursors for Explosives published by the Australian Explosives Industry and Safety Group (formerly called the Australian Manufacturers Safety Committee)
Class 2	AS/NZS 1596	The Storage and Handling of LP Gas
AS/NZS 1677	Refrigerating Systems
AS 1894	The Storage and Handling of Non-flammable Cryogenic and Refrigerated Liquids
AS/NZS 2022	Anhydrous Ammonia – Storage and Handling (known as the SAA Anhydrous Ammonia Code)
AS/NZS 2927	The Storage and Handling of Liquefied Chlorine Gas
AS 3961	The Storage and Handling of Liquefied Natural Gas
AS 4332	The Storage and Handling of Gases in Cylinders
AG 901	Code of practice for NGV Refuelling Stations
AS 4670	Commercial propane and commercial butane for heating purposes
AS 4839	The safe use of portable and mobile oxy-fuel gas systems for welding, cutting, heating and allied processes
Class 3	AS 1940	The Storage and Handling of Flammable and Combustible Liquids
Class 5.1	AS 4326	The Storage and Handling of Oxidising Agents
Class 5.2	AS 2714	The Storage and Handling of Hazardous Chemical Materials – Class 5.2 Substances (Organic Peroxides)
Class 6.1	AS/NZS 4452	The Storage and Handling of Toxic Substances
Class 8	AS 3780	The Storage and Handling of Corrosive Substances
Class 9	AS/NZS 4681	The Storage and Handling of Class 9 (Miscellaneous) Dangerous Goods and Articles
Handling Systems Standards
AS 1210	Pressure Vessels
AS 1375	Industrial Fuel-fired Appliances (known as the SAA Industrial Fuel-fired Appliances Code)
AS 1697	Installation and Maintenance of Steel Pipe Systems for Gas
AS 2030	The Verification, Filling, Inspection, Testing and Maintenance of Cylinders for Storage and Transport of Compressed Gases
AS 2885	Pipelines – Gas and Liquid Petroleum
AS 2896	Medical Gas Systems – Installation and Testing of Non-flammable Medical Gas Pipeline Systems
AS 2902	Medical Gas Systems – Low Pressure Flexible Hose Assemblies
AS 3723	Installation and Maintenance of Plastic Pipe Systems for Gas
AS 3814 – 2000 / AG 501 – 2000	Industrial and Commercial Gas-fired Appliances
AS 4041	Pressure Piping
AS 4289	Oxygen and Acetylene Gas Reticulation Systems
AS 5601 – 2000 / AG 601	Gas Installations
Miscellaneous Standards
Asbestos	NOHSC: 2002(2005)	Code of Practice for the Safe Removal of Asbestos 2nd Edition
Atmospheric Contaminants	NOHSC:1003 (1995)	Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment
Carcinogenic Substances	NOHSC:1101 (1995)	National Model Regulations for the Control of Scheduled Carcinogenic Substances
Combustible Dusts	AS/NZS 4745	Code of Practice for Handling Combustible Dusts
Laboratory Reagents	AS/NZS 2243	Safety in Laboratories
Mixed Dangerous Goods	AS/NZS 3833	The Storage and Handling of Mixed Classes of Dangerous Goods, in Packages and Intermediate Bulk Containers
Pesticides	AS 2507	The Storage and Handling of Agricultural and Veterinary Chemicals
Polyfunctional Isocyanates	AS/NZS 4081	The Storage and Handling of Liquid and Liquefied Polyfunctional Isocyanates
Ports	AS 3846	The Handling and Transport of Dangerous Cargoes in Port Areas
Risk Management	AS/NZS 4360	Risk Management
Technological Systems	AS/NZS 3931	Risk Analysis of Technological Systems – Application Guide

Schedule 3Exempt explosives

Regulation 3

PART 1Interpretation 1.   Interpretation In this Schedule – classification code means the classification code under the Australian Dangerous Goods Code; gross weight, of explosives, means their gross weight inclusive of any inner and outer packaging; NEQ means net explosive quantity. PART 2Table of exempt explosives

Exempt explosives
Ammunition & propellants
1.	Small arms ammunition in the possession of the holder of a licence under the Firearms Act 1996 .
2.	Propellant powders with classification code 1.3C, up to 5kg NEQ, in the possession of the holder of a licence under the Firearms Act 1996 , being possession solely and directly connected with the loading or reloading of ammunition for the licensee’s personal use.
3.	Propellant powders with classification code 1.1D (known as black powder), up to 5kg NEQ, in the possession of the holder of a licence under the Firearms Act 1996 , being possession solely and directly connected with the loading or reloading of ammunition for the licensee’s personal use.
Fireworks
4.	Type 1 fireworks within the meaning of Division 11 of Part 5 .
Ignition devices
5.	Electric igniters of classification code 1.4.
6.	Igniter cords of classification code 1.4.
Safety and life-saving equipment
7.	Explosives designed and manufactured expressly to activate fire extinguishers.
8.	Explosives designed and manufactured expressly to activate parachutes.
9.	Explosives designed and manufactured expressly to activate (deploy and/or inflate) vehicle passenger/driver air-bags.
10.	Explosives designed and manufactured expressly to activate (pre-tension) vehicle passenger/driver seat-belts.
11.	Explosives designed and manufactured expressly to activate (deploy and/or inflate) life rafts, vessel or aircraft passenger evacuation slides or similar life-saving and safety devices.
12.	Explosives designed and manufactured expressly to activate (in any way) safety or life-saving devices similar to those specified in items 1, 2, 3, 4 and 5 of this table.
13.	Distress signals –
(a) with classification code 1.3, up to 15kg gross weight;
(b) with classification code 1.4, up to 250kg gross weight.
Miscellaneous
14.	Safety fuses.
15.	Power device cartridges.

Schedule 4Fit and proper person criteria

Regulations 64(5) , 107(8) and 112

1.   Interpretation Expressions that are defined in Part 5 and used in this Schedule have the same meaning in this Schedule as in that Part. 2.   Criteria In determining whether a person is a fit and proper person to obtain or retain an entitlement, the Secretary may have regard to such of the following matters as he or she reasonably considers applicable to the obtaining or retention of that entitlement: (a) the person’s qualifications in relation to explosives; (b) the person’s mental fitness; (c) the person’s conduct as regards – (i) any similar entitlement relating to the handling of explosives or dangerous substances, in this State or elsewhere; or (ii) any attempt to obtain or retain such a similar entitlement; (d) whether the person has ever given false or misleading information in or in connection with an application or any other matter under the Act, an allied Act or a corresponding law; (e) whether the person has ever contravened this Act, an allied Act or a corresponding law; (f) whether the person has, in this State or elsewhere, ever been convicted of an offence involving explosives or other dangerous substances; (g) whether the person has ever been convicted of a terrorism offence; (h) whether the person has, in this State or elsewhere, ever been convicted of an offence involving – (i) violence or weapons; or (ii) dishonesty; or (iii) the obstruction or intimidation of persons exercising or performing statutory powers or functions; (i) the person has, either in this State or elsewhere, been convicted of an offence of another kind that calls into question his or her fitness or competence to retain the entitlement; (j) in the case of the retention of an entitlement, whether the conditions of the entitlement have been contravened in any material or sustained way. 3.   SSDS permit holders For the purposes of Part 5 , the Secretary is entitled to assume that a person who holds an SSDS permit in relation to a restricted activity under the Security-sensitive Dangerous Substances Act 2005 is prima facie a fit and proper person to hold an entitlement to do the same or any substantially similar activity. 4.   Interstate shot-firers For the purposes of Part 5 , the Secretary is entitled to assume that a person who holds a valid interstate shot-firing authority to do shot-firing of a kind substantially corresponding to a (Tasmanian) category of shot-firing is prima facie a fit and proper person to have that authority recognised under that Part and for the recognition to be valid for that category of shot-firing. Schedule 5Type 1 (indoor) fireworks

Regulation 101

Type	Description	Main effect	Maximum quantity of pyrotechnic substance
1.	Amorce	Dot of impact-sensitive explosive composition contained in non-metallic envelope	Report	0.0075g
2.	Cap	Dot of impact-sensitive explosive composition contained in non-metallic envelope	Report	0.0075g
3.	Party popper	Hand-held device operated by pull string	Report (with ejection of streamers or confetti)	0.03g
4.	Snap for bonbon	Two overlapping strips of card or paper with friction-sensitive explosive composition in sliding contact with abrasive surface	Report (when device pulled apart)	0.03g
5.	Sparkler	Wire 450mm in length and –	Emission of sparks	10g per individual sparkler
(a) partially coated with explosive composition and designed to be free-standing or fixed to a base	100g in total for all sparklers in same package
(b) coated with explosive composition along only one end and designed to be held by hand at other end (being explosive composition containing magnesium, chlorate or perchlorate)

Schedule 6Approved purposes of fireworks displays

Regulation 107(8)

1.   For regulation 107(8)(h) the following are taken to be approved purposes: (a) a New Year’s Eve celebration; (b) a Commonwealth Day celebration (24 May; also known as "cracker night"); (c) a traditional cultural occasion (like Chinese New Year, Diwali or Guy Fawkes Night); (d) a finale to a major agricultural show (like Royal Hobart Show or Agfest); (e) a finale to a major sporting or recreational event (like the Royal Hobart Regatta or Launceston Festivale); (f) a school fair; (g) a community fair; (h) the celebration of a major anniversary or milestone of political, historical or other significance to the Commonwealth or the State (like Australia Day, Tasmania Day or a city centenary); (i) the performance of an artistic work that incorporates or is associated with the use of explosives (like Handel’s "Music for the Royal Fireworks"); (j) a military tattoo; (k) the opening or anniversary of a major commercial enterprise; (l) a purpose that substantially corresponds to one of these purposes. 2.   For regulation 107(8)(h) , the testing of fireworks, for classification or other purposes, by a fireworks importer, manufacturer or supplier, is also taken to be an approved purpose. Schedule 7Standard conditions of fireworks display permits

Regulation 109

1.   Interpretation (1)In this Schedule – checked, in the case of Type 3 fireworks or associated equipment, means checked by a pyrotechnician; display means the relevant fireworks display; display equipment includes mortars, stakes and frames; fireworks means Type 2 fireworks or Type 3 fireworks; firing area means any area in which fireworks are made ready for firing or from which they are fired; permit means the relevant fireworks display permit; site means the immediate site of the display. (2)Unless the contrary intention appears, if an expression used in this Schedule is defined in regulation 100 it has the same meaning in this Schedule. 2.   Supervision and control (1)The following persons must be on site throughout the display: (a) the holder of the permit (if the permit is held by a natural person); (b) the responsible adult (if the permit is held by a body of persons); (c) the nominated pyrotechnician (if Type 3 fireworks are to be used at any stage of the display). (2)An authorised officer may cancel or temporarily halt the display if he or she reasonably believes that – (a) the conditions of the permit have been, are being or are likely to be contravened in a serious way; or (b) there is a genuine danger to any persons or property. 3.   Notifications and publicity (1)The holder of the permit must ensure that the following persons are given at least 7 clear days’ notice of the display: (a) the Tasmania Fire Service; (b) Tasmania Police; (c) the general manager of the municipal area in which the proposed site is located; (d) the owner or occupier of each property adjoining the proposed site; (e) the owner or occupier of each property, within a one-kilometre radius of the proposed site, used for commercial livestock operations; (f) if the proposed site is within one kilometre of any reserved land within the meaning of the Nature Conservation Act 2002 , the Director of National Parks and Wildlife; (g) if the proposed site is within one kilometre of a State forest within the meaning of the Forestry Act 1920 , Forestry Tasmania; (h) if the proposed site is on the seashore and the display will involve any aerial display of fireworks, the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ("MAST"). (2)A person is taken to have complied with subclause (1) if the person – (a) gives the required notices individually; or (b) gives public notice of the display by means of a notice in a daily newspaper published and circulating generally in the region in which the display is to be held. 4.   Timing and duration (1)The display must not last, in total, longer than 30 minutes (from the first to the last firing, inclusive of breaks). (2)Unless the permit provides otherwise, the display must not – (a) in the case of a New Year’s Eve fireworks display, commence before midnight on New Year’s eve or continue after 12.30 a.m. of the following day; or (b) in the case of any other fireworks display, commence before 6 p.m. or continue after 10 p.m. on the day it is authorised to be held. (3)Despite any other condition of the permit, the display must not commence or, if it has commenced, proceed – (a) in contravention of a total fire ban declaration; or (b) in high winds or a lightning storm or other unsafe weather conditions. (4)In this clause – high winds means winds stronger than force 5 (fresh breeze/17-21 knots wind speed) on the Beaufort scale. 5.   Fire-fighting equipment (1)Adequate fire-fighting equipment must be provided on site throughout the display. (2)In this clause – adequate, fire-fighting equipment, means at least 2 suitable fire extinguishers, 2 sand buckets and one hose connected to a water supply. 6.   Safe firing distances – aerial fireworks (1)Fireworks in the form of projectiles designed to attain, or ordinarily capable of attaining, heights greater than 60 metres must not be fired within 5 kilometres of an aerodrome. (2)Fireworks consisting of or including aerial fireworks must be so placed and fired that their trajectory is at least 10 metres distant from any – (a) above-ground power lines; or (b) above-ground communications cables; or (c) streetlamp poles or flagpoles; or (d) gantries, cranes or similar high structures; or (e) tall trees. 7.   Safe firing distances – protected works, &c. (1)Fireworks must not be fired within 200 metres of any place where other explosives or flammable or combustible materials are stored. (2)Fireworks must not be fired within 50 metres of any – (a) protected works (outside the immediate venue for the display); or (b) major infrastructure; or (c) tent, marquee or similar shelter; or (d) motor vehicle. (3)Fireworks consisting of a shell or mortar exceeding 75 millimetres in diameter must not be fired within 100 metres of any – (a) protected works; or (b) major infrastructure; or (c) tent, marquee or similar portable shelter; or (d) motor vehicle. (4)Despite subclauses (2) and (3) , fireworks must not be fired within 500 metres of protected works of the following kind without the approval of the owner of, or an authority responsible for, those protected works: (a) a school or other educational institution; (b) a hospital or other medical institution; (c) a retirement home, aged respite centre or other aged care facility; (d) a church or other place of public worship. 8.   Spectator safety (1)The holder of the permit is responsible for crowd control and ensuring that spectators do not gain access to any fireworks or firing areas. (2)Aerial fireworks or shells must not be fired so as to cross over or burst over any designated spectator or parking area. (3)Any area set apart for the landing of aerial fireworks or associated debris (or any area in which such fireworks or debris may reasonably be expected to land) must be – (a) free of flammable or combustible material; and (b) be at least 100 metres from any designated spectator area. (4)Fireworks must not be fired within the prescribed distance of any designated spectator area. (5)In this clause – prescribed distance means – (a) for Type 2 fireworks, 10 metres; and (b) for Type 3 (ground display) fireworks, 25 metres; and (c) for Type 3 (aerial) fireworks with a shell not exceeding 100 millimetres in diameter, 100 metres; and (d) for Type 3 (aerial) fireworks with a shell exceeding 100 millimetres in diameter, 100 metres plus one extra metre for every millimetre by which the diameter of the shell exceeds 100 millimetres. 9.   Fireworks precautions (1)Before being taken on site – (a) Type 3 fireworks must be kept in an approved magazine; and (b) Type 2 fireworks must be securely held away from any ignition source or from other dangerous substances with which they could explosively interreact. (2)Once any fireworks have been taken on site, they – (a) must be kept in closed containers, at least 25 metres away from the firing area, until they need to be positioned and made ready for firing; and (b) must not, before being fired, be left unattended at any time. (3)All fireworks must be checked for damage or defects before the display and any found to be damaged or defective (or suspected of being so) must be put aside and not used. (4)Fireworks that do not have the manufacturer’s instructions printed on their casing must not be fired unless the manufacturer is responsible for their firing. (5)Misfires must be destroyed or safely removed from the site in an approved portable magazine, preferably by soaking with water for at least 10 hours and then burying, but under no circumstances may misfires be burned. 10.   Mortars (1)All mortars must be checked before the display (particularly for bent, bulging or split tubes) and any mortars found to be damaged or defective (or suspected of being so) must be put aside and not used. (2)Mortars must be – (a) securely pegged; and (b) so sited that their projectiles will fire as near to the vertical as possible. 11.   Follow-up measures (1)Immediately after the display, all necessary follow-up measures must be taken. (2)Any misfires found must be treated in accordance with clause 9(5) . 12.   Incidents and accidents (1)Any incident or accident attributable in any way to the display fireworks (whether or not resulting from their actual firing and whether or not causing damage or injury) must be promptly reported to an authorised officer. (2)For the purposes of subclause (1) , a serious misfire or malfunction of a Type 3 firework is taken to be an incident. Schedule 8Infringement notices offences and penalties

Regulation 133

Column 1 Provision	Column 2 Penalty (penalty units)
For a body corporate	For an individual
Section 33(2)	20	20
Section 34(2)	20	20
Section 35(2)	20	20
Section 36	20	20
Section 45	20	20
Section 46(1)	10	10
Section 46(2)	10	10
Section 48(2)	20	20
Section 49(4)	20	20
Section 52	20	20
Section 53(1)	10	10
Section 53(2)	10	10
Section 60(3)	10	10
Section 79(2)	5	5
Section 79(3)	5	5
Section 79(4)	5	5
Regulation 19(1)	25 for MHF offence 15 for DSL offence 5 for other offence	25 for MHF offence 15 for DSL offence 5 for other offence
Regulation 21(1)	25	10
Regulation 22(1)	25 for MHF offence 15 for DSL offence	25 for MHF offence 15 for DSL offence
Regulation 23(1)	25 for MHF offence 15 for DSL offence	25 for MHF offence 15 for DSL offence
Regulation 27(2)	5	5
Regulation 27(3)	5	5
Regulation 53(2)	25 for MHF offence 15 for DSL offence 5 for other offence	25 for MHF offence 15 for DSL offence 5 for other offence
Regulation 57(2)	5	5
Regulation 57(3)	5	5
Regulation 58(2)	5	5
Regulation 58(3)	5	5
Regulation 59(1)	5	5
Regulation 59(2)	5	5
Regulation 59(3)	5	5
Regulation 60(1)	5	5
Regulation 60(2)	5	5
Regulation 60(3)	5	5
Regulation 76(3)	15	5
Regulation 77(2)	15	5
Regulation 77(3)	15	5
Regulation 78	N/A	5
Regulation 79	N/A	5
Regulation 82(3)	15	3
Regulation 99(1)	15	5
Regulation 99(2)	15	5
Regulation 118(1)	25	25
Regulation 118(2)	25	25
Regulation 118(3)	25	25
Regulation 119(1)	25	25
Regulation 120	25	25
Regulation 130(1)	5	5
Regulation 130(2)	5	5
Regulation 130(3)	5	5
Regulation 130(4)	5	5

Schedule 9Legislation rescinded

Regulation 134

Dangerous Goods (General) Regulations 1998 (No. 163 of 1998)

Dangerous Goods (Fees) Regulations 1998 (No. 164 of 1998)

Dangerous Goods (General) Amendment Regulations 1999 (No. 108 of 1999)

Dangerous Goods (General) Amendment Regulations 2000 (No. 217 of 2000)

Dangerous Goods (General) Amendment Regulations 2002 (No. 162 of 2002)

Dangerous Goods (General) Amendment (Tasmanian Ports Corporation) Regulations 2005 (No. 138 of 2005)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 June 2009

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe a range of matters for the Dangerous Substances (Safe Handling) Act 2005 including – (i) criteria for determining whether locations come under the Act or specific parts of the Act; and (ii) key notification and recording requirements; and (iii) ways of achieving acceptable levels of risk at places where dangerous substances are handled; and (iv) specific controls for fireworks and fireworks displays; and (v) specific controls for explosives other than fireworks; and (vi) specific controls for shot-firing activities including blasting and shot-firer training; and (vii) fees and offences; and (b) rescind spent and superseded regulations.