Explosives Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 154 Explosives Act 1952 EXPLOSIVES AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Omission of ss.1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of Part 1 (Preliminary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Meaning of “containing its own means of ignition” . . . . . . . . . . . . . 4 4 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Classification of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s.25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Omission of s.27 (Packing of explosives) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Replacement of Part 5 (Carriage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 5—CARRIAGE OF EXPLOSIVES Division 1—Preliminary 27 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 28 Classification of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Explosives Amendment (No. 1) No. 154, 1993 Division 2—Carriage of explosives 29 Code to be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 30 Exemption under s.7 of the Act for carriage of small quantities of certain explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 31 Packaging and labelling of unauthorised explosives . . . . . . . . . . . . 8 32 Transparent outermost package . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 33 Prescribed conditions for carriage without a licence . . . . . . . . . . . . 8 34 Licence to carry explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 35 Theft or other incident involving explosives to be reported . . . . . . . 9 36 Explosives to be carried without delay . . . . . . . . . . . . . . . . . . . . . . . 9 37 Maximum quantities of explosives that may be carried . . . . . . . . . . 9 8 Replacement of heading before s.40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 1—Storage in Government Magazines 9 Replacement of heading before s.46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2—Storage in Private Magazines 10 Replacement of s.46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46 Exemption under s.7 of the Act for storage of small quantities of certain explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Insertion of new Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE 1 EXPLOSIVES EXEMPTED FROM CERTAIN PROVISIONS REGARDING CARRIAGE SCHEDULE 2 EXPLOSIVES EXEMPTED FROM CERTAIN PROVISIONS REGARDING STORAGE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 13 AMENDMENTS TO REPLACE REFERENCES TO PRESCRIBED FORMS

3 Explosives Amendment (No. 1) No. 154, 1993 ˙ Short title 1. This regulation may be cited as the Explosives Amendment Regulation (No. 1) 1993 . ˙ Amended regulation 2. The ExplosivesRegulation1955 is amended as set out in this regulation. ˙ Omission of ss.1–3 3. Sections 1 to 3— omit . ˙ Replacement of Part 1 (Preliminary) 4. Part 1— omit, insert— ‘PART 1—PRELIMINARY ˙ ‘Short title ‘1. This regulation may be cited as the Explosives Regulation 1955. ˙ ‘Definitions ‘2. In this regulation— “approved form” for a purpose means the form approved for the purpose under section 4; “danger building” means a building that contains, or usually contains— (a) an explosive; or (b) an ingredient of an explosive that is capable of forming an explosive if it is mixed with any other thing contained, or usually contained, in the building;

4 Explosives Amendment (No. 1) No. 154, 1993 “factory magazine” means any part of a factory, consisting of a building or part of a building, that contains, or usually contains— (a) an explosive made in the factory; or (b) a partly made explosive, other than gunpowder, that was made in the factory; or (c) the ingredients for an explosive, other than gunpowder, intended for use in making an explosive in the factory; “initiate” an explosive means fire, explode or ignite the explosive; “the Code” means the Australian Code for the Transport of Explosives by Road and Rail. ˙ ‘Meaning of “containing its own means of ignition” ‘3. In this regulation, a reference to an explosive “containing its own means of ignition” means that the explosive contains, or is attached to, a thing capable of initiating the explosive by friction or percussion. ˙ ‘Approved forms ‘4.(1) If this regulation requires or permits a person to give a form in the approved form, the Chief Inspector must approve a form for that purpose. ‘(2) A person may request the Chief Inspector to give to the person a document setting out an approved form. ‘(3) The Chief Inspector must promptly comply with a request under subsection (2). ˙ ‘Classification of explosives ‘5. In this regulation, except where otherwise provided, a reference to the class or division of a class relating to an explosive is a reference to the classification of the explosive determined under section 17 of the Act. ˙ ‘Exemptions ‘6.(1) Subject to this section, the Chief Inspector may, by writing—

5 Explosives Amendment (No. 1) No. 154, 1993 (a) grant to a person an exemption from compliance with a provision of this regulation, other than a provision relating to the payment of fees; or (b) subject an exemption to conditions; or (c) revoke an exemption. ‘(2) An exemption must specify— (a) the person to whom it applies; and (b) the provisions of this regulation to which it relates; and (c) any conditions to which it is subject. ‘(3) The Chief Inspector may not grant an exemption to himself or herself. ‘(4) The Chief Inspector must not grant to a person an exemption from compliance with a provision of this regulation unless satisfied that— (a) the person has taken action that is at least as effective in achieving the purpose of the provision as compliance with the provision; or (b) compliance with the provision is otherwise unnecessary in the person’s circumstances, having regard to the purpose of the provision. ‘(5) This section applies in respect of a class of persons in the same way that it applies in respect of a person. ‘(6) If the Chief Inspector grants an exemption to a class of persons, the Chief Inspector must publish a copy of the exemption in the Gazette. ‘(7) If— (a) the Chief Inspector grants to a person, or to a class to which a person belongs, an exemption from compliance with a provision; and (b) the person complies with any conditions to which the exemption is subject; the person is not required to comply with the provision. ’.

6 Explosives Amendment (No. 1) No. 154, 1993 ˙ Amendment of s.25 5. Section 25(19)— omit ‘ Regulation 27 relating to the packing and marking of explosives ’, insert ‘ the Code ’. ˙ Omission of s.27 (Packing of explosives) 6. Section 27— omit. ˙ Replacement of Part 5 (Carriage) 7. Part 5— omit, insert— ‘PART 5—CARRIAGE OF EXPLOSIVES ‘Division 1—Preliminary ˙ ‘Definitions ‘27. In this Part— “carry” an explosive means transport the explosive in a vehicle or a vessel; “licence” means a licence issued under the Act to carry explosives. ˙ ‘Classification of explosives ‘28. In this Part, a reference to the class or division of a class relating to an explosive is a reference to the classification of the explosive determined under section 2 of the Code.

7 Explosives Amendment (No. 1) No. 154, 1993 ‘Division 2—Carriage of explosives ˙ ‘Code to be complied with ‘29. Subject to the provisions of this Part, a person must— (a) comply with section 8 of the Code; and (b) comply with any other provision of the Code so far as it is a requirement of section 8 of the Code to do so. ˙ ‘Exemption under s.7 of the Act for carriage of small quantities of certain explosives ‘30.(1) Subject to subsection (2), explosives of a type, and not exceeding the relevant quantity, set out in Schedule 1 are exempted from the operation of— (a) Part 5 of the Act; and (b) this division, other than this section. ‘(2) Subsection (1) applies to explosives being carried by a person only if the person ensures that this section is complied with in relation to the explosives. ‘(3) The explosives must be packaged and labelled in compliance with the Code. ‘(4) The explosives must be accompanied by a shipping document that complies with section 4.2 of the Code, unless the person carrying the explosives has bought them for the person’s own use and not for resale. ‘(5) The explosives must be segregated in compliance with section 7.3 of the Code. ‘(6) While the explosives are carried— (a) the explosives must be securely stored in an enclosed part of the vehicle or vessel; and (b) all necessary precautions must be taken to ensure that the explosives are not stolen or initiated; and (c) except in the case of explosives of class 1.4S—the vehicle or

8 Explosives Amendment (No. 1) No. 154, 1993 vessel must not carry any passengers for hire or reward. ‘(7) The explosives must be transported without any unnecessary delay. ˙ ‘Packaging and labelling of unauthorised explosives ‘31.(1) A person must not carry an unauthorised explosive unless it is packaged and labelled in compliance with a direction of the Chief Inspector. ‘(2) Subject to subsection (1), a person is not required to comply with the Code in relation to the packaging and labelling of an unauthorised explosive. ˙ ‘Transparent outermost package ‘32. A person does not contravene section 29 (Code to be complied with) in respect of labelling required by the Code to be on the outermost package if the required labelling is clearly visible through the outermost package. ˙ ‘Prescribed conditions for carriage without a licence ‘33.(1) For the purpose of section 23(A) of the Act— (a) the prescribed maximum weight for any type of explosive is 50 kg; and (b) the prescribed manner and conditions for carrying the explosive are in compliance with this regulation. ‘(2) For the purpose of section 23(B) of the Act— (a) the prescribed maximum weight for any type of explosive is 50 kg; and (b) the prescribed purpose for which the explosive is intended for use is a purpose for which the explosive was designed; and (c) the prescribed manner and conditions for carrying the explosive are in compliance with this regulation. ˙ ‘Licence to carry explosives ‘34.(1) The form prescribed under section 11(2) of the Actfor an application for a licence to carry explosives is the approved form.

9 Explosives Amendment (No. 1) No. 154, 1993 ‘(2) Subject to the Act, a licence authorises the person to whom it is issued, and any employee of that person, to carry explosives only— (a) of the type and in the quantity specified on the licence; and (b) in the vehicle or vessel specified on the licence. ‘(3) A person carrying explosives under a licence must have the licence, or a copy of a licence, in the vehicle or vessel. ˙ ‘Theft or other incident involving explosives to be reported ‘35.(1) This section applies to a person while carrying an explosive under a licence. ‘(2) If the explosive is stolen or otherwise goes missing, the person must immediately— (a) report the incident to the police; and (b) give to the Chief Inspector full details of the incident and of the action being taken to recover the stolen or missing explosive. ‘(3) If there is— (a) a fire or explosion; or (b) an accident or breakdown involving the vehicle or vessel carrying the explosive; or (c) a leakage or other escape of the explosive from the vehicle or vessel; the person must immediately give to the Chief Inspector full details of the incident. ˙ ‘Explosives to be carried without delay ‘36. A person carrying explosives must ensure they are transported without any unnecessary delay. ˙ ‘Maximum quantities of explosives that may be carried ‘37.(1) In this section—

10 Explosives Amendment (No. 1) No. 154, 1993 “excess quantity” means a quantity greater than the quantity permitted under section 7.4 of the Code. ‘(2) A person must not carry an excess quantity of explosives other than in compliance with written approval given by the Chief Inspector. ‘(3) An application for approval must contain— (a) the applicant’s name and address; and (b) the classification, type and quantity of explosives to be carried in an excess quantity; and (c) a description of the vehicle or vessel to be used; and (d) the route to be followed; and (e) the intended date of travel. ‘(4) The Chief Inspector may grant the approval only if satisfied that it would be safe in all the circumstances to allow the proposed carriage. ‘(5) The Chief Inspector may subject an approval to such conditions as the Chief Inspector considers necessary, having regard to all of the circumstances of the proposed carriage. ’. ˙ Replacement of heading before s.40 8. Before section 40— omit— ‘Storage in Government magazines.’, insert— ‘Division 1—Storage in Government Magazines’. ˙ Replacement of heading before s.46 9. Before section 46— omit— ‘Storage in private magazines.’,

11 Explosives Amendment (No. 1) No. 154, 1993 insert— ‘Division 2—Storage in Private Magazines’. ˙ Replacement of s.46 10. Section 46— omit, insert— ˙ ‘Exemption under s.7 of the Act for storage of small quantities of certain explosives ‘46.(1) Subject to subsection (2), explosives of a type, and not exceeding the relevant quantity, set out in Schedule 2 are exempted from the operation of— (a) Part 6 of the Act; and (b) this division, other than this section. ‘(2) Subsection (1) applies to explosives being stored by a person only if the person ensures that this section is complied with in relation to the explosives. ‘(3) Explosives of Division 1 of Class 6 (Ammunition) must be stored in a secure, dry, safe place. ‘(4) Explosives of Division 3 of Class 7 (Fireworks) must be stored in compliance with section 56. ‘(5) Due precautions must be taken to prevent theft of the explosives or accidents by fire or explosion. ‘(6) No explosives other than the explosives exempted under this section may be stored at the place. ’. ˙ Insertion of new Schedules 11. After section 68— insert—

12 Explosives Amendment (No. 1) ‘SCHEDULE 1 No. 154, 1993 ‘EXPLOSIVES EXEMPTED FROM CERTAIN PROVISIONS REGARDING CARRIAGE section 30 Type of Explosive 1. Gunpowder 2. Propellants— class 1.1C, 1.2C, 1.3C or 1.4C 3. Fireworks— class 1.1G, 1.2G or 1.3G class 1.4G 4. An explosive of class 1.4S Maximum quantity 25 kg 50 kg 50 kg 250 kg unlimited ‘SCHEDULE 2 ‘EXPLOSIVES EXEMPTED FROM CERTAIN PROVISIONS REGARDING STORAGE section 46 Type of Explosive 1. Ammunition— division 1 of class 6 2. Fireworks— division 2 of class 7 division 3 of class 7 3. Propellants Maximum quantity unlimited 1.5 kg 250 kg 5 kg ’.

13 Explosives Amendment (No. 1) No. 154, 1993 ¡ SCHEDULE AMENDMENTS TO REPLACE REFERENCES TO PRESCRIBED FORMS section 2 1. Section 10(1)— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 2. Section 11(2)— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 3. Section 11(3)— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 4. Section 11A(1)— omit ‘ prescribed form ’, insert ‘ approved form ’. 5. Section 25A(5)— omit ‘ in accordance with form C1 ’, insert ‘ in the approved form ’. 6. Section 25A(6)— omit ‘ in accordance with form D1 ’, insert ‘ in the approved form ’.

14 Explosives Amendment (No. 1) SCHEDULE (continued) 7. Section 25A (forms C1 and D1)— omit. No. 154, 1993 8. Section 49— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 9. Section 55(9)— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 10. Section 58— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 11. Section 59— omit ‘ in or to the effect of the prescribed form ’, insert ‘ in the approved form ’. 12. Section 63B(3)(a)— omit ‘ Form R of Regulation 67 or to the effect of such form with such modifications as the circumstances may require ’, insert ‘ the approved form ’. 13. Section 63B(4)(a)— omit ‘ Form S of Regulation 67 or to the effect of such form with such modifications as the circumstances may require ’,

15 Explosives Amendment (No. 1) SCHEDULE (continued) insert ‘ the approved form ’. No. 154, 1993 14. Section 63B(5)(a)— omit ‘ Form R of Regulation 67 ’, insert ‘ the approved form ’. 15. Section 67— omit. ENDNOTES 1. Made by the Governor in Council on 20 May 1993. 2. Notified in the Gazette on 21 May 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Minerals and Energy. The State of Queensland 1993