Explosives Legislation (COVID-19 Emergency Response) Regulation 2020 (QLD)

Explosives Legislation (COVID-19 Emergency Response) Regulation 2020

Part 1    Preliminary

1   Short title

This regulation may be cited as the Explosives Legislation (COVID-19 Emergency Response) Regulation 2020.

2   Declaration

It is declared that this regulation is made under the COVID-19 Emergency Response Act 2020, sections 8 and 13.

2A   Definition

In this regulation—

COVID-19 response period means the period—

(a)starting on the day this regulation commenced; and

(b)ending on 30 September 2021.

Part 2    Modification of Explosives Act 1999

3   Modification of the Explosives Act 1999, s 19 (Term of authority)

(1)This section applies in relation to a fireworks contractor licence or fireworks operator licence (each an affected licence) that, but for this section, would have expired during the COVID-19 response period.

(2)For the COVID-19 response period, the Explosives Act 1999, section 19 applies to an affected licence as if section 19(1) of the Act were replaced by—

‘(1)Despite anything stated in an authority, the term of an authority is the period—

(a)starting on the day the authority is issued; and

(b)ending on 30 September 2021.’.

Part 3    Modification of Explosives Regulation 2017

4   Modification of the Explosives Regulation 2017, s 33 (Shotfirer licence)

For the COVID-19 response period, the Explosives Regulation 2017, section 33 applies as if section 33(2) of the regulation were replaced by—

‘(2)However, a shotfirer licence authorises the holder of the licence to do a thing mentioned in subsection (1)(a), (c) or (e) only if—

(a)the holder has a current competency assessment in relation to the doing of the thing; or

(b)for a shotfirer licence that is renewed during the COVID-19 response period—the chief inspector is satisfied, having regard to documentary evidence given to the chief inspector by the holder, the holder has the specific competencies mentioned in subsection (3), definition current competency assessment, paragraph (a).

Examples of documentary evidence demonstrating a person has the specific competencies—

•a certificate of completion of an online course stating the person has attained the specific competencies

•a statement from the person’s employer that the person has demonstrated the specific competencies’.

5   Modification of the Explosives Regulation 2017, s 37 (Shotfirer licence)

For the COVID-19 response period, the Explosives Regulation 2017, section 37 applies as if section 37(1)(c) of the regulation were replaced by—

‘(c)either—

(i)has, within the 5-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; or

(ii)if the person is the applicant for the renewal of the licence—has given the chief executive documentary evidence demonstrating the person has the specific competencies mentioned in subparagraph (i); and

Examples of documentary evidence demonstrating a person has the specific competencies—

•a certificate of completion of an online course stating the person has attained the specific competencies

•a statement from the person’s employer that the person has demonstrated the specific competencies’.

Part 6    Expiry of regulation

12   Expiry

This regulation expires on 30 September 2021.