Explosives Regulation 2003 (QLD)

Explosives Regulation 2003

Part 1    Preliminary

1   Short title

This regulation may be cited as the Explosives Regulation 2003.

2   Commencement

This regulation commences on 1 July 2003.

3   Dictionary

The dictionary in schedule 7 defines particular words used in this regulation.

Editor’s note—

A copy of an Australian Standard or code of practice referred to in this regulation, the UN tests and criteria and the UN model regulations may be inspected at the department’s office during business hours on business days at 61 Mary Street, Brisbane.

4   References to classifying an explosive

In this regulation, a reference to classifying an explosive is a reference to—

(a)for an explosive to which the UN model regulations apply—

(i)assigning the class, division and compatibility group of the explosive under the UN model regulations; or

(ii)assigning the class, division and packing group of the explosive under the UN model regulations; or

(b)for an explosive rejected or otherwise refused classification under the UN model regulations—assigning the explosive a classification under a classification system approved by the chief inspector; or

(c)for an explosive to which the UN model regulations do not apply—assigning the explosive a classification under a classification system approved by the chief inspector.

5   References to mass of explosive

In this regulation, a reference to the mass of an explosive is, unless stated to be a reference to the gross weight of the explosive, a reference to the mass of explosive material contained in the explosive.

Example—

The gross weight of a box of distress signals might be 25kg, but the distress signals in the box might contain 2kg of explosive material. If this regulation stated a maximum amount for distress signals of 5kg, the box would be less than the maximum amount.

6   Substances declared to be explosives

(1)For schedule 2, definition explosive, paragraph (b) of the Act, each of the following is declared to be an explosive—

(a)a precursor;

(b)ammunition that does not contain explosives;

(c)security sensitive ammonium nitrates.

(2)However, subsection (1)(b) does not apply for section 38 of the Act.

(3)For subsection (1)(b), ammunition does not include inert components of small arms ammunition.

Examples of inert components of small arms ammunition—

cartridge cases or projectiles

7   Explosives exempt from Act

(1)An explosive is exempt from the Act if—

(a)the explosive is an ingredient in a mixture prepared for a use that does not include initiating the mixture; and

Examples for paragraph (a)—

•nitroglycerine contained in a tablet

•nitrocellulose contained in paint or nail polish

(b)the mixture is not—

(i)a class 1 explosive; or

(ii)an authorised explosive.

(2)A person who possesses an explosive mentioned in subsection (1) must not use or modify the explosive to produce an explosive effect.

Maximum penalty—200 penalty units.

8   Exempt government entities

(1)The following entities are exempt from part 4, divisions 2, 7 and 8 of the Act—

(a)the Queensland police service;

(b)a police officer, special constable or trainee member of the Queensland police service who is acting in the course of the person’s official duties;

(c)a person mentioned in paragraph (b) who is not on duty as a member of the Queensland police service, in relation to the possession of small arms ammunition or any explosive that is an exhibit for the use of a court, if the person is acting in accordance with the directions of the commissioner of the Queensland police service in relation to the off-duty possession of ammunition or exhibits;

(d)an officer of another State’s police service who is acting in the course of the person’s official duties in Queensland for the Queensland police service.

(2)An inspector who is acting in the course of the inspector’s official duties is exempt from part 4, divisions 2 and 6 to 8 of the Act.

9   Alternative safety measures

(1)This section applies if this regulation states that a person may use alternative safety measures for any of the following (a stated provision)—

(a)an Australian Standard;

(b)a code of practice;

(c)a provision of this regulation.

(2)The person may, if subsection (3) is complied with, use systems, methods or procedures (alternative safety measures) that do not comply with the stated provision.

(3)Alternative safety measures may be used under subsection (2) if—

(a)the alternative safety measures achieve a level of risk (the required level of risk) that is equal to or less than the level of risk achieved by the systems, methods or procedures provided for under the stated provision; and

(b)the person records the alternative safety measures in writing.

(4)The person must, on the request of an inspector, give the inspector a copy of the document recording the alternative safety measures.

(5)The inspector may, if the inspector is not reasonably satisfied the alternative safety measures achieve the required level of risk, give the person a remedial action notice.

(6)The notice must state, as well as the matters mentioned in section 102(3) of the Act, that the alternative safety measures do not achieve the required level of risk.

10   Conflict of regulation with Australian Standards, codes of practice etc.

To the extent this regulation is inconsistent with any of the following documents mentioned in this regulation, this regulation prevails—

(a)an Australian Standard;

(b)a code of practice;

(c)the UN tests and criteria;

(d)the UN model regulations.

Part 2    Authorised and prohibited explosives

Division 1 Preliminary

11   Definitions for pt 2

In this part—

prescribed information, for a request that an explosive be declared an authorised explosive or an application for an explosives trial approval, means each of the following—

(a)a description of the explosive, including each of the following—

(i)the name of the explosive;

(ii)the design, composition and formulation of the explosive, including the mass of the explosive;

(iii)the intended use of the explosive and how it functions;

(iv)the classification code and the United Nations number, within the meaning of the UN model regulations, for the explosive;

(v)the shelf life recommended for the explosive by its manufacturer;

(b)if requested by the chief inspector, drawings or photographs of the explosive;

(c)details of all possible uses of the explosive and the purpose of the applicant’s intended use or uses of the explosive;

(d)for an explosive suitable for use in an underground coal mine—details of the explosive’s suitability for the use, including the results of any tests carried out to decide the explosive’s suitability;

(e)information relevant to classifying the explosive, including—

(i)the results of any tests carried out, under the UN tests and criteria, to classify the explosive; and

(ii)a classification code for the explosive decided by the Commonwealth or another State;

(f)details about the manufacture of the explosive, including each of the following—

(i)the name of the explosive’s manufacturer;

(ii)the country in which the explosive is manufactured;

(iii)the period for which the explosive has been manufactured by the manufacturer;

(iv)any information in the applicant’s possession about the safety history of the explosive’s use, whether in Australia or elsewhere;

(g)if the explosive is packaged—details about the packaging including each of the following—

(i)markings on the packaging;

(ii)the number of explosives contained in the package;

(iii)if the packaging has been tested under the Australian explosives code—the results of the testing and the approval number assigned to the packaging;

(h)a safety data sheet for the explosive;

(i)if requested by the chief inspector, a sample of the explosive;

(j)a written statement, prepared by the supplier of the explosive, of the supplier’s directions for the safe use and disposal of the explosive.

trial, for an explosives trial approval, means the trial, experiment or examination for which the unauthorised or prohibited explosive will be manufactured, possessed, sold, stored, transported or used.

Division 2 Authorised explosives

12   Classification of authorised explosive

For section 8(2)(b) of the Act, an explosive must be classified according to—

(a)the explosive’s class, division and compatibility group; or

(b)the explosive’s class, division and packing group; or

(c)another classification system approved by the chief inspector.

13   Request for declaration of authorised explosive

(1)A person may, by notice to the chief inspector, ask the chief inspector to declare an explosive to be an authorised explosive for the Act.

(2)The notice must be accompanied by the prescribed information and the prescribed fee for the request.

14   Advice of chief inspector’s decision

If a person has requested that the chief inspector declare an explosive to be an authorised explosive for the Act, the chief inspector must, as soon as practicable after deciding whether to make the declaration, give the person—

(a)if the chief inspector decides to make the declaration—notice of the decision; or

(b)if the chief inspector decides not to make the declaration—an information notice about the decision.

Division 3 Prohibited explosives

15   Declaration of prohibited explosive

For section 10 of the Act, an explosive stated in schedule 1, part 1 is a prohibited explosive.

Division 4 Explosives trial approvals

16   Application for explosives trial approval

(1)A person may apply to the chief inspector for an explosives trial approval.

(2)The application must be accompanied by—

(a)as much of the prescribed information for the application as the applicant can reasonably obtain; and

(b)the following information—

(i)the reason for, or purpose of, the trial;

(ii)the date the trial will start and the estimated completion date;

(iii)where the trial will be carried out;

(iv)the estimated amount of explosive that will be used for the trial;

(v)the name of the person who will supervise the trial; and

(c)the prescribed fee for the application.

(3)The chief inspector may ask the person to give, within the period stated by the chief inspector but at least 28 days from the date of the request, any further relevant information or evidence the chief inspector requires to decide whether to issue the approval.

(4)The person must give the chief inspector the further information or evidence requested.

(5)The person is taken to have withdrawn the application if the person fails to provide the further information or evidence requested within the period stated by the chief inspector.

17   How chief inspector may deal with application

(1)The chief inspector must consider an application for an explosives trial approval and either—

(a)issue the approval with each of the following conditions—

(i)the conditions stated in section 18;

(ii)any other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18; or

(b)refuse to issue the approval.

(2)If the chief inspector decides to issue the approval, the chief inspector must, as soon as practicable, give the applicant—

(a)the approval; and

(b)if the chief inspector decides to impose conditions on the approval under subsection (1)(a)(ii)—an information notice about the decision.

(3)If the chief inspector decides not to issue the approval, the chief inspector must, as soon as practicable, give the applicant an information notice about the decision.

18   Conditions of explosives trial approval

(1)An explosives trial approval is subject to each of the following conditions—

(a)the trial must not take place without the written consent of the owner or occupier of the place where the trial is carried out;

(b)the holder must ensure the trial is conducted in accordance in all material respects with the information given to the chief inspector with the application for the approval;

(c)the holder must give a written report about the trial to the chief inspector as soon as practicable after the trial is completed.

(2)For subsection (1)(c), the report must state—

(a)the results of the trial; and

(b)any action the holder proposes to take in relation to the explosive.

Part 3    Authorities

Division 1 General provisions about authorities

19   Authorities that may be issued under Act

(1)For section 13 of the Act, the following authorities may be issued—

•licence to import explosives

•licence to export explosives

•permit to import explosives

•permit to export explosives

•licence to manufacture explosives

•licence to sell explosives

•licence to store explosives

•permit to store explosives

•licence to transport explosives

•licence to use explosives

•shotfirer licence

•fireworks contractor licence

•fireworks operator licence

•licence to collect ammunition.

(2)Division 2 states what each authority authorises.

20   Fees

(1)The fees payable under the Act are stated in schedule 2.

(2)The prescribed fee for an authority is—

(a)for the issue of a licence—the application fee and the licence fee for the licence; and

(b)for the renewal of a licence—the licence fee for the licence; and

(c)for the amendment of a licence—the application fee for the licence; and

(d)for the issue of a permit—the application fee for the permit.

(3)All or part of a licence fee paid may be refunded if—

(a)the licence is issued for a term longer than 1 year; and

(b)the licence is surrendered during the term.

(4)For subsection (3), the amount that may be refunded is the licence fee for each whole year of the unexpired term of the licence.

21   Term of authority

For section 19 of the Act, the maximum term of an authority is—

(a)for a fireworks contractor licence or a fireworks operator licence—3 years; or

(b)for another authority—5 years.

Division 2 What authorities authorise

21A   Operation of div 2

(1)This division provides for what each type of authority authorises.

(2)However, each authorisation under this division is subject to any relevant restrictions or prohibitions under this regulation or a condition or other provision of the authority.

22   What licence to import explosives and licence to export explosives authorise

(1)A licence to import explosives authorises the holder of the authority to—

(a)bring the explosives stated in the licence into the State from another country; and

(b)possess the explosives for the purpose of bringing them, under the licence, into the State.

(2)A licence to export explosives authorises the holder of the authority to—

(a)send the explosives stated in the licence from the State to another country; and

(b)possess the explosives for the purpose of sending them, under the licence, to another country.

(3)A licence to import explosives or export explosives does not authorise the licence holder to purchase or sell explosives.

23   What permit to import explosives and permit to export explosives authorise

(1)A permit to import explosives authorises the holder of the authority to—

(a)bring into the State from another country, on the day and in the way stated in the permit, the explosives stated in the permit; and

(b)possess the explosives for the purpose of bringing them, under the permit, into the State.

(2)A permit to export explosives authorises the holder of the authority to—

(a)send from the State to another country, on the day and in the way stated in the permit, the explosives stated in the permit; and

(b)possess the explosives for the purpose of sending them, under the permit, to another country.

(3)A permit to import explosives or export explosives does not authorise the authority holder to purchase or sell explosives.

24   What licence to manufacture explosives authorises

A licence to manufacture explosives authorises the holder of the authority to—

(a)manufacture, at the place, if any, stated in the licence, the explosives stated in the licence; and

(b)possess explosives manufactured under the licence; and

(c)possess explosives used in the manufacture of the explosive stated in the licence; and

(d)purchase explosives used in the manufacture of the explosive stated in the licence; and

(e)if a place is stated in the licence—store the explosives at the place as required under part 8; and

(f)if the licence is for a mobile manufacturing unit—transport an explosive manufactured under the licence, or used in the manufacture of the explosive stated in the licence, in the mobile manufacturing unit.

25   What licence to sell explosives authorises

A licence to sell explosives authorises the holder of the authority to—

(a)sell, at the place, if any, stated in the licence, the explosives stated in the licence; and

(b)possess the explosives for the purpose of selling them under the licence; and

(c)purchase the explosives for the purpose of selling the explosives under the licence; and

(d)if a place is stated in the licence—store the explosives at the place as required under part 8 for the purpose of selling them under the licence.

26   What licence to store explosives authorises

A licence to store explosives authorises the holder of the authority to—

(a)store, at a place stated in the licence, the explosives stated in the licence; and

(b)possess the explosives for the purpose of storing them under the licence; and

(c)purchase the explosives for the purpose of storing them under the licence.

27   What permit to store explosives authorises

A permit to store explosives authorises the holder of the authority to—

(a)store, at a place and for the period stated in the permit, the explosives stated in the permit; and

(b)possess the explosives, for that period, for the purpose of storing them under the permit.

28   What licence to transport explosives authorises

(1)A licence to transport explosives authorises the holder of the authority to—

(a)transport, using a vehicle or in the way stated in the licence, the explosives stated in the licence; and

(b)possess the explosives for the purpose of transporting them under the licence.

(2)A licence to transport explosives does not authorise the holder of the licence to purchase explosives.

29   What licence to use explosives authorises

A licence to use explosives authorises the holder of the authority to—

(a)use the explosives stated in the licence for the purpose stated in the licence; and

(b)possess the explosives for the purpose of using them under the licence; and

(c)purchase the explosives for the purpose of using them under the licence; and

(d)store and transport the explosives, as required under parts 8 and 9, for the purpose of using them under the licence.

30   What shotfirer licence authorises

(1)A shotfirer licence authorises the holder of the authority to—

(a)use the blasting explosives stated in the licence; and

(b)possess the blasting explosives for the purpose of using them under the licence; and

(c)purchase the explosives for the purpose of using them under the licence; and

(d)store the blasting explosives, as required under part 8, for the purpose of using them under the licence; and

(e)transport the blasting explosives, as required under part 9, for the purpose of using them under the licence.

(2)However, the holder of a shotfirer licence is only authorised to do a thing mentioned in subsection (1)(a), (c) or (e) if the holder has a current competency assessment.

(3)In this section—

current competency assessment, in relation to the holder of a shotfirer licence, means an assessment—

(a)by a registered training organisation that the holder has attained the specific competencies in the use of blasting explosives contained in the industry training packages as approved by the chief inspector; and

(b)that was performed within 5 years before the day the thing mentioned in subsection (1)(a), (c) or (e) is done.

31   What fireworks contractor licence authorises

A fireworks contractor licence authorises the holder of the authority to—

(a)organise, or agree to organise, a fireworks display for the display host; and

(b)possess fireworks for the purpose of supplying them to a fireworks operator; and

(c)purchase fireworks for use in a fireworks display organised by the fireworks contractor; and

(d)supply fireworks to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor; and

(e)store and transport fireworks, as required under parts 8 and 9, for the purpose of supplying them to a fireworks operator.

32   What fireworks operator licence authorises

(1)A fireworks operator licence authorises the holder of the authority to—

(a)use fireworks for the purpose of a fireworks display organised by a fireworks contractor; and

(b)possess fireworks for the purpose of using them in a fireworks display organised by a fireworks contractor; and

(c)store and transport the fireworks, as required under parts 8 and 9, for the purpose of using them in a fireworks display organised by a fireworks contractor.

(2)To remove any doubt, it is declared that a fireworks operator licence does not authorise the holder of the authority to purchase fireworks.

33   What licence to collect ammunition authorises

A licence to collect ammunition authorises the holder of the authority to—

(a)bring collectors’ ammunition into the State from another country; and

(b)send collectors’ ammunition from the State to another country; and

(c)purchase, sell, possess, transport and store collectors’ ammunition.

Division 3 Provision about applications for renewal of particular authorities

34   Information that must accompany application for renewal of particular licences

(1)An application for renewal of a licence mentioned in subsection (2) must be accompanied by a record of explosives used under the licence by the holder during the term of the licence.

(2)For subsection (1), the licences are the following—

(a)a licence to use explosives;

(b)a shotfirer licence;

(c)a fireworks operator licence.

Division 4 Appropriate persons for issue of authorities

35   Shotfirer licence

(1)A person is an appropriate person for the issue of a shotfirer licence if the chief inspector is reasonably satisfied the person—

(a)is an adult; and

(b)is physically able to carry out blasting activities; and

(c)has, within the 5 year period ending on the day the application is made, been assessed by a registered training organisation as having attained the specific competencies in the use of blasting explosives contained in the industry training packages as approved by the chief inspector; and

Editor’s note—

Information identifying the specific competencies and the training packages they are contained in can be accessed on the department’s website.

(d)has satisfactory knowledge of each of the following matters—

(i)the requirements under the Act about the storage, transport, manufacture, sale and use of explosives;

(ii)the hazards associated with each type of blasting explosive, its blasting characteristics, safe handling procedures and methods of use;

(iii)the potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and

(e)is proficient in each of the following—

(i)designing, loading and initiating blasts;

(ii)handling misfires;

(iii)disposing of blasting explosives; and

(f)is, in all the circumstances, an appropriate person for the issue of the licence.

(2)For subsection (1)(d) and (e), the chief inspector may require the person to sit a written, oral or practical examination.

36   Fireworks contractor licence

(1)A person is an appropriate person for the issue of a fireworks contractor licence if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer of the corporation—

(a)is 21 years or more; and

(b)holds a fireworks operator licence or an equivalent authority; and

(c)has held a fireworks operator licence or an equivalent authority for 3 years or more; and

(d)either—

(i)has, within the 2 year period ending on the day the licence application is made, been assessed by a registered training organisation as having attained the specific competencies in organising fireworks displays contained in the industry training packages as approved by the chief inspector; or

Editor’s note—

Information identifying the specific competencies and the training packages they are contained in can be accessed on the department’s website.

(ii)otherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and

(e)is, in all the circumstances, an appropriate person for the issue of a fireworks contractor licence.

(2)For subsection (1)(d)(ii), the chief inspector may require the person to sit a written, oral or practical examination.

(3)In this section—

equivalent authority means—

(a)a shotfirer (fireworks) licence issued under the former regulation; or

(b)a licence issued by another State authorising the person to use fireworks.

37   Fireworks operator licence

(1)A person is an appropriate person for the issue of a fireworks operator licence if the chief inspector is reasonably satisfied the person—

(a)is an adult; and

(b)is physically able to use fireworks in fireworks displays; and

(c)either—

(i)has, within the 2 year period ending on the day the licence application is made, been assessed by a registered training organisation as having attained the specific competencies in the use of fireworks in fireworks displays contained in the industry training packages as approved by the chief inspector; or

Editor’s note—

Information identifying the specific competencies and the training packages they are contained in can be accessed on the department’s website.

(ii)otherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and

(d)has satisfactory knowledge of each of the following matters—

(i)the requirements under the Act about storage, transport, manufacture, sale and use of fireworks;

(ii)the hazards associated with each type of firework, its safe handling procedures and methods of use;

(iii)the requirements under the Queensland fireworks code; and

(e)is, in all the circumstances, an appropriate person for the issue of a fireworks operator licence.

(2)For subsection (1)(c)(iii) and (d), the chief inspector may require the person to sit a written, oral or practical examination.

38   Other authorities

(1)A person is an appropriate person for the issue of an authority not mentioned in sections 35 to 37 if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer of the corporation—

(a)is an adult; and

(b)is physically able to handle explosives under the authority; and

(c)has satisfactory knowledge of—

(i)the requirements under the Act applicable to holders of the authority; and

(ii)the hazards associated with the explosives to which the authority would apply; and

(d)is, in all the circumstances, an appropriate person for the issue of the authority.

(2)For subsection (1)(c), the chief inspector may require the person to sit a written, oral or practical examination.

Division 5 General provisions for authority holders

39   Employees of particular authority holders taken to be holders of authority

(1)This section applies to an employee of a holder of a prescribed authority if the employee is—

(a)acting within the scope of the employee’s employment; and

(b)if the prescribed authority is a licence to use explosives or a fireworks operator licence—acting in the presence and under the direct supervision of the holder.

(2)The employee is taken to be a holder of the prescribed authority.

(3)In this section—

prescribed authority means a following authority—

(a)a licence to import explosives;

(b)a licence to export explosives;

(c)a licence to manufacture explosives;

(d)a licence to sell explosives;

(e)a licence to store explosives;

(f)a permit to store explosives;

(g)a licence to transport explosives;

(h)a licence to use explosives;

(i)a fireworks contractor licence;

(j)a fireworks operator licence;

(k)a licence or permit issued under the Weapons Act 1990.

40   Notification requirements for all authority holders

(1)This section applies if, during the term of an authority, a following event (a prescribed event) happens—

(a)the holder of the authority becomes aware of a change in circumstances that prevents the holder complying with this regulation or a condition of the authority;

(b)the holder is convicted of an offence—

(i)relating to the misuse of drugs; or

(ii)involving violence or threatened violence; or

(iii)involving the use, carriage, discharge or possession of a firearm; or

(iv)relating to the use and handling of explosives;

(c)a domestic violence order is made against the holder.

(2)The holder must, as soon as practicable after becoming aware a prescribed event has happened, give to an inspector notice of the prescribed event.

Maximum penalty—200 penalty units.

(3)The holder must comply with subsection (2) unless the holder has a reasonable excuse.

41   Notification requirements for particular authority holders

(1)This section applies if, during the term of a prescribed authority, the holder of the authority proposes to do any of the following—

(a)change the construction or location of a building stated in the authority as a place where activities may be carried out under the authority;

(b)construct a new building in which activities are proposed to be carried out under the authority;

(c)use new equipment or vehicles, or change the location of equipment used when the authority was issued, in connection with carrying out activities under the authority.

(2)The holder must, before doing a thing mentioned in subsection (1), give notice of the proposed action to the chief inspector.

Maximum penalty—50 penalty units.

(3)The holder must comply with subsection (2) unless the holder has a reasonable excuse.

(4)In this section—

new equipment or vehicles means equipment or vehicles not used in connection with carrying out activities under the prescribed authority when the holder applied for the prescribed authority.

prescribed authority means any of the following—

(a)a licence to store explosives;

(b)a licence to manufacture explosives;

(c)a licence to transport explosives.

42   Requirement to have and give effect to safety management system

(1)This section applies to the holder of a prescribed authority if 1 or more employees of the holder carry out activities under the authority.

(2)The holder must have and give effect to a safety management system for—

(a)if a place is stated in the authority as a place where an activity may be carried out under the authority—the place; or

Examples for paragraph (a)—

•an explosives factory

•premises where explosives are stored

(b)if an activity is carried out under the authority other than at a place mentioned in paragraph (a)—the activity.

Examples for paragraph (b)—

•blasting activities carried out under an authority at various locations

•transporting explosives

Maximum penalty—50 penalty units.

(3)The safety management system is a system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by activities carried out under the authority.

(4)The safety management system must—

(a)be an auditable written system that complies with section 43; and

(b)provide for ongoing consultation with employees and contractors of the holder who are engaged in carrying out activities under the authority, at least once a month, about safety in relation to the activities.

(5)The safety management system may be part of a safety management system (however called) required under another Act.

Example—

The safety management system may be part of a safety and health management system for a coal mine required under the Coal Mining Safety and Health Act 1999.

(6)In this section—

prescribed authority means any of the following authorities—

(a)a licence to import explosives;

(b)a licence to export explosives;

(c)a licence to manufacture explosives;

(d)a licence to sell explosives;

(e)a licence to store explosives;

(f)a licence to transport explosives;

(g)a licence to use explosives;

(h)a shotfirer licence;

(i)a fireworks contractor licence.

43   Contents of safety management system

A safety management system must contain each of the following—

(a)a description of the holder’s safety policy;

(b)details of the organisational structure of the holder’s operations, including details of the personnel responsible for performing all the functions provided for under the system;

(c)a system procedure for each matter stated in schedule 3, part 1;

(d)an operational procedure for each matter stated in schedule 3, part 2 that is applicable to the place or activity to which the system applies.

Part 4    Possessing explosives

44   Possession of explosives to which s 34 of Act does not apply

(1)For section 34(2) of the Act, the following explosives are prescribed—

(a)an unrestricted firework;

(b)a distress signal, including, for example, a distress signal designed to be placed on a railway track;

(c)an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;

(d)an electric match;

(e)a safety fuse or igniter;

(f)a power device cartridge;

(g)small arms ammunition, and an explosive ingredient of small arms ammunition, that is possessed by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(h)an explosive manufactured under section 38(2)(a) of the Act that is possessed by the person who manufactured the explosive;

(i)an explosive stored at a government magazine;

(j)an explosive possessed by a person transporting it who holds an authority under a corresponding law to transport the explosive;

(k)collectors’ ammunition possessed by a prescribed ammunition collector;

(l)an explosive that—

(i)is stored in a secured area at a laboratory at an industrial facility, educational institution or a research facility for use at the laboratory; and

(ii)if the explosive is a security sensitive ammonium nitrates explosive—is not more than 3kg; and

(iii)if the explosive is other than an explosive mentioned in subparagraph (ii)—is not more than 100g.

(2)In this section—

corresponding law has the meaning given to it by section 50(6) of the Act.

secured area means a secured area under section 84.

45   Children prohibited from possessing particular explosives

(1)A person must not possess an explosive mentioned in section 44(1) unless the person is an adult.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to the following explosives—

(a)an unrestricted firework;

(b)a distress signal on board a vehicle or boat;

(c)small arms ammunition and an explosive ingredient of small arms ammunition that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition.

46   Possession and initiation of particular explosives in public places prohibited

(1)A person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, possess an explosive, other than an unrestricted firework, in a public place.

Maximum penalty—50 penalty units.

(2)A person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, initiate an explosive, other than an unrestricted firework, in a public place.

Maximum penalty—200 penalty units.

Part 5    Importing and exporting explosives

Division 1 Preliminary

47   Explosives exempt from s 36 of Act

(1)An explosive is exempt from section 36 of the Act if the explosive is—

(a)part of the operational equipment of a prescribed vehicle; or

(b)a distress signal on board a prescribed vehicle.

Examples—

•an airbag in a vehicle

•a distress signal on board a boat as part of the boat’s safety equipment

(2)In this section—

prescribed vehicle means a vehicle or boat entering the State from another country or leaving the State for another country.

Division 2 Requirements for holders of licence to import explosives or licence to export explosives

48   Definition for div 2

In this division—

relevant holder means the holder of a licence to import explosives or a licence to export explosives.

49   Condition of explosives

A relevant holder may bring an import explosive into the State from another country, or send an export explosive from the State to another country, only if—

(a)the holder is reasonably satisfied the explosive is in a safe condition for transportation; and

(b)the explosive has been classified; and

(c)the packaging of the explosive is marked with the correct classification code for the explosive; and

(d)the explosive is an authorised explosive; and

(e)the explosive is packaged, marked and labelled as required under—

(i)the Australian explosives code; or

(ii)the Australian dangerous goods code; and

(f)the holder can provide, on the request of an inspector, a safety data sheet for the explosive; and

(g)the holder has taken reasonable steps to ensure the explosive will function as it was designed to function.

Maximum penalty—50 penalty units.

50   Notice of intention

A relevant holder must ensure an export explosive sent to another country, or an import explosive brought into the State, complies in all material respects with the details stated in the notice of intention given for the explosive under section 37 of the Act.

Maximum penalty—50 penalty units.

51   Records

(1)A relevant holder must keep a record of each import explosive brought into the State from another country, and each export explosive sent from the State to another country, under the licence.

(2)The record must include each of the following—

(a)the name of the explosive;

(b)the amount of the explosive;

(c)the date the explosive was brought into the State or sent to the country;

(d)the name of the consignee and consignor of the explosive.

Maximum penalty—50 penalty units.

52   Ensuring other persons are aware of obligations

A relevant holder must take reasonable steps to ensure an employee or contractor of the holder is aware of, and complies with, the requirements under the Act about bringing import explosives into the State from another country or sending export explosives from the State to another country.

Maximum penalty—50 penalty units.

53   Making explosive available for inspection

A relevant holder must, on the request of an inspector, make an explosive brought into the State or sent to another country under the licence available for inspection by the inspector at a time and place reasonably required by the inspector.

Maximum penalty—50 penalty units.

54   Handling explosive at port

A relevant holder must not send an export explosive from the State, or bring an import explosive into the State, at a port that does not have approved explosives limits.

Maximum penalty—100 penalty units.

Division 3 Requirements for holders of permit to import explosives or permit to export explosives

55   Definition for div 3

In this division—

relevant holder means the holder of a permit to import explosives or a permit to export explosives.

56   Ensuring other persons are aware of obligations

A relevant holder must take reasonable steps to ensure an employee or contractor of the holder is aware of, and complies with, the requirements under the Act about bringing import explosives into the State from another country or sending export explosives from the State to another country.

Maximum penalty—50 penalty units.

57   Making explosive available for inspection

A relevant holder must, on the request of an inspector, make an explosive brought into the State or sent to another country under the permit available for inspection by the inspector at a time and place reasonably required by the inspector.

Maximum penalty—50 penalty units.

Division 4 Handling of explosives at ports

58   Application of div 4

This division applies to a port at which the following amounts of explosives are, or are proposed to be, handled at one time—

(a)for class 1, divisions 1.1, 1.2, 1.5 and 1.6 explosives—more than 250kg;

(b)for class 1, division 1.3 explosives—more than 2,000kg;

(c)for a precursor—more than 25t;

(d)for explosives other than explosives mentioned in paragraphs (a) to (c)—more than 400t.

59   Definitions for div 4

In this division—

explosives limit see section 61(a).

explosives limits document see section 61.

risk assessment process means a process for measuring the consequences and likelihood of a risk.

60   Requirements for ports handling explosives

(1)The port authority or port operator responsible for a port must ensure—

(a)explosives are not handled at the port unless there are approved explosives limits for the port; and

(b)explosives are handled at the port as required under—

(i)the port’s approved explosives limits; and

(ii)AS 3846 or alternative safety measures for the standard.

Maximum penalty—100 penalty units.

(2)In this section—

AS 3846 means AS 3846—‘The handling and transport of dangerous cargoes in port areas’ (2005).

61   Port authority or port operator to prepare explosives limits document

A port authority or port operator may prepare, and give to the chief inspector for approval, a written document (an explosives limits document), for a port for which the port authority or port operator is responsible, stating—

(a)for each class and division of explosives handled at the port—the maximum amount (the explosives limit), worked out using a risk assessment process, of explosives that may be handled safely at a berth within the port at one time; and

(b)details of the risk assessment process used.

62   How chief inspector must deal with explosives limits document

(1)The chief inspector must, as soon as practicable after receiving an explosives limits document from a port authority or port operator—

(a)approve, with or without changes or conditions, the explosives limits for the port stated in the explosives limits document; or

(b)refuse to approve the explosives limits.

(2)If the chief inspector decides to approve the limits, the chief inspector must, as soon as practicable, give the port authority or port operator—

(a)notice of the approved explosives limits for the port; and

(b)if the chief executive decides to approve the explosives limits with changes or conditions—an information notice about the decision.

(3)If the chief inspector decides to refuse to approve the explosives limits stated in the explosives limits document, the chief inspector must give the port authority or port operator an information notice about the decision.

63   Changing approved explosives limits

(1)This section applies to a port authority or port operator responsible for a port for which explosives limits have been approved by the chief inspector under section 62.

(2)The port authority or port operator may prepare, and give to the chief inspector for approval, a new explosives limits document stating different explosives limits for the port.

(3)The chief inspector must deal with the document under section 62.

64   Chief inspector may impose interim explosives limits

(1)This section applies if—

(a)there are approved explosives limits for a port; and

(b)the chief inspector is reasonably satisfied the approved explosives limits are no longer appropriate for the port.

(2)The chief inspector may impose interim explosives limits for the port.

(3)If the chief inspector decides to impose interim explosives limits for the port, the chief inspector must give the port authority or port operator an information notice about the decision.

(4)An interim explosive limit may be changed by an explosive limit approved by the chief inspector under section 62.

Part 6    Manufacturing explosives

Division 1 Preliminary

65   Prescribed amount of explosive—Act, s 38(2)(a)

For section 38(2)(a) of the Act, the smaller amount of 100g is prescribed.

66   Prescribed explosives and conditions—Act, s 38(3)

(1)For section 38(3) of the Act, the following explosives are prescribed—

(a)ANFO;

(b)a pyrotechnic substance.

(2)The prescribed conditions are—

(a)the holder of the authority to use the explosive must be an individual; and

(b)for ANFO—the ANFO must be manufactured as required under—

(i)AS 2187, part 2; or

(ii)alternative safety measures for the standard; and

(c)for a pyrotechnic substance—

(i)the pyrotechnic substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and

(ii)the holder must be authorised to use the pyrotechnic substance.

Division 2 Requirements for holders of licence to manufacture explosives

67   Definition for div 2

In this division—

relevant holder means the holder of a licence to manufacture explosives.

68   Manufacture of explosives

A relevant holder must—

(a)ensure an explosive manufactured under the licence is manufactured in a safe condition; and

(b)ensure the explosive is correctly classified; and

(c)ensure the packaging of the explosive is marked with the correct classification code for the explosive; and

(d)take reasonable steps to ensure the explosive will function as it was designed to function; and

(e)for an explosive that is a mixture of ammonium nitrate and fuel oil, with or without other substances—

(i)add a colouring agent that is soluble in the fuel oil before mixing the ammonium nitrate and fuel oil; and

(ii)ensure the explosive is manufactured as required under AS 2187, part 2 or alternative safety measures for the standard; and

(f)for an explosive that is or includes precursors—ensure the explosive is manufactured as required under the precursor code or alternative safety measures for the code; and

(g)for an explosive manufactured in a mobile manufacturing unit—ensure the explosive is manufactured as required under the mobile manufacturing code or alternative safety measures for the code.

Maximum penalty—50 penalty units.

69   Storage of explosives manufactured

A relevant holder must ensure explosives manufactured under the licence are stored in a secure way that—

(a)prevents the loss or theft of explosives; and

(b)enables missing explosives to be identified.

Maximum penalty—50 penalty units.

70   Signage of explosives factory

(1)This section applies if a licence to manufacture explosives states a place, other than a mobile manufacturing unit, where explosives may be manufactured under the licence.

(2)The relevant holder must display each of the following signs at every entrance to the explosives factory, so the sign is clearly visible by a person approaching the entrance—

(a)a sign displaying the word ‘HAZCHEM’ legibly in red letters at least 100mm high;

(b)a classification sign for each explosive in the factory.

Maximum penalty—20 penalty units.

(3)The holder must display, at every entrance to a building within the factory, so the sign is clearly visible by a person approaching the entrance, a classification sign for each explosive in the building.

Maximum penalty—20 penalty units.

(4)However, the holder need not comply with subsection (3) for an explosive if—

(a)the explosive is stored in a tank inside the building; and

(b)the holder displays a classification sign for the explosive adjacent to, or on the exterior surface of, the tank.

71   Persons to whom explosives may be supplied

A relevant holder must ensure an explosive manufactured under the licence is supplied only to a person who is authorised to possess the explosive.

Maximum penalty—50 penalty units.

72   Documents to be kept

A relevant holder must ensure—

(a)a safety data sheet for an explosive manufactured under the licence is kept at the place where the explosive is manufactured; and

(b)if the licence states a place, including a mobile manufacturing unit, where explosives may be manufactured under the licence—the licence, or a copy of the licence, is kept at the place.

Maximum penalty—20 penalty units.

Division 3 Rules of conduct for persons in explosives factories

73   Rules for conduct for persons in explosives factories

(1)A person in an explosives factory must—

(a)comply with—

(i)the lawful instructions of the holder of the licence to manufacture explosives in which the factory is stated as a place where explosives may be manufactured under the authority; and

(ii)the procedures under the holder’s safety management system for the factory to the extent the procedures apply to the person; and

(b)if the person becomes aware of a following matter, report the matter, immediately after the person becomes aware of it, to the holder—

(i)a dangerous situation in the factory;

(ii)a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in paragraph (a);

(iii)an explosives incident happening in the factory.

Maximum penalty—50 penalty units.

(2)However, the person is not required to comply with subsection (1)(b) if the person has a reasonable excuse for not reporting the matter.

(3)The person must not, without reasonable excuse—

(a)wilfully remove, obscure or interfere with any of the following—

(i)a sign, notice or other written information about safety displayed or made available in the factory by the holder;

(ii)a label or marking on an explosive or its packaging; or

(b)act in a wilful or careless way that injures, or may injure, a person in the factory; or

(c)handle an explosive in the factory unless the person is authorised by the holder to handle the explosive.

Maximum penalty—50 penalty units.

Part 7    Selling explosives

74   Explosives exempt from s 41 of Act

The following explosives are exempt from section 41 of the Act—

(a)an unrestricted firework;

(b)an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;

(c)a distress signal;

(d)a power device cartridge;

(e)small arms ammunition sold by a person who is a licensed firearms dealer under the Weapons Act 1990;

(f)an explosive sold by a person (a service provider) authorised to use the explosive if—

(i)the service provider uses the explosive in the course of providing a service to another person; and

(ii)the person to whom explosive is sold does not possess the explosive at any time;

Examples—

•a blasting explosive used by the holder of a shotfirer licence in providing a blasting service to another person

•a firework used by the holder of a fireworks operator licence for a fireworks display

(g)an explosive sold by the chief inspector under section 110;

(h)collectors’ ammunition sold by a prescribed ammunition collector.

75   Authorised persons to whom explosives may be sold

For section 42(d) of the Act, the following are authorised persons to whom an explosive may be sold—

(a)for an explosive mentioned in section 74(a) to (d)—any person;

(b)for small arms ammunition—

(i)a prescribed ammunition collector; and

(ii)a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(c)for a propellant powder used to reload small arms ammunition—a person who is an adult and is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(d)for an explosive used as an ingredient for manufacturing another explosive (the explosive product)—a person who is authorised to manufacture the explosive product;

(e)a fireworks contractor to whom the explosive may be sold under the conditions of the fireworks contractor licence.

76   Requirements about condition of explosives sold

(1)A person who sells an explosive, other than an unrestricted firework or small arms ammunition, must—

(a)package the explosive in—

(i)its original packaging; or

(ii)a package sufficiently durable to prevent the spillage of, or damage to, the explosive; and

(b)ensure the package is labelled with the correct classification code for the explosive.

Maximum penalty—50 penalty units.

(2)A person may sell an explosive only if—

(a)the person is reasonably satisfied the explosive is in a safe condition for transport and use; and

(b)the explosive is sold—

(i)before the expiry of the manufacturer’s recommended shelf life for the explosive; or

(ii)after the expiry of the manufacturer’s recommended shelf life for the explosive only with the written consent of the chief inspector; and

(c)the person has taken reasonable steps to ensure the explosive will function as it was designed to function.

Maximum penalty—100 penalty units.

77   Exposing explosives for sale in shop window prohibited

(1)A person must not expose an explosive for sale in a shop window.

Maximum penalty—50 penalty units.

(2)Subsection (1) does not apply to an explosive mentioned in section 74(a) to (e).

78   Employer’s obligations about employees engaged in selling explosives

For section 33(2) of the Act, an employer must be reasonably satisfied an employee who has access to an explosive, other than an unrestricted firework, for the purpose of selling it is an adult.

78A   Requirement to report suspect or unusual request to purchase security sensitive explosive

(1)This section applies if—

(a)the holder of a licence to sell explosives receives a request from someone else to purchase a security sensitive explosive, whether or not the other person is identified; and

(b)the request could reasonably give rise to a suspicion that—

(i)the proposed purchase or the use of the explosive after the proposed purchase may not comply with the Act; or

(ii)the proposed purchase is unusual.

(2)The holder must immediately give the chief inspector notice of all details the holder has of the request and the other person.

Maximum penalty—200 penalty units.

(3)The circumstances that could reasonably give rise to a suspicion under subsection (1)(b) include, but are not limited to, the following—

(a)a request for a cash sale;

(b)the amount of the explosive is unusual, having regard to relevant industry conventions;

(c)the stated proposed use of the explosive is unusual;

Example—

using blasting explosives for special effects like blowing up a car, outside relevant industry conventions

(d)the stated proposed location of the proposed use is unusual;

Examples—

•a proposed use of a large amount of a security sensitive explosive in a major commercial area

•a proposed use of a security sensitive explosive to blow up a car in a shopping centre

(e)the other person holds a licence of a particular type and the request is to purchase a security sensitive explosive for a purpose and use not allowed under that type of licence;

(f)the request shows an absence by the other person of a detailed knowledge of security sensitive explosives or the use of particular security sensitive explosives.

78B   Restriction on holder of licence selling security sensitive explosive to new client

(1)This section applies if the holder of a licence to sell explosives (the seller) proposes to—

(a)sell a security sensitive explosive to someone (the new client) to whom the seller has not previously sold a security sensitive explosive; or

(b)supply a security sensitive explosive to an employee mentioned in section 39(1) (also the new client) if the new client’s employer is someone to whom the seller has not previously sold a security sensitive explosive.

Note—

Under section 39(2), the employee is, in particular circumstances, taken to be the holder of particular authorities held by the employer.

(2)The seller must not sell or supply the explosive to the new client unless subsections (3) to (7) have been complied with.

Maximum penalty—200 penalty units.

(3)The seller must—

(a)obtain each of the following—

(i)the new client’s name and address (the personal details);

(ii)the new client’s telephone number or other electronic contact details;

(iii)a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature;

(iv)a signed statement by the new client about how the new client proposes to use the explosive (the proposed use);

(v)if the new client is an employee mentioned in section 39(1)—

(A)written evidence of the matters mentioned in section 39(1); and

(B)the telephone number or other electronic contact details of the new client’s employer (also the personal details); and

(b)obtain a certified copy of—

(i)documentary evidence confirming the personal details; and

Example of documentary evidence that may confirm the personal details—

a current driver’s licence held by the new client

(ii)the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence); and

(c)make a written record (the client record) of—

(i)the personal details; and

(ii)the telephone number or other electronic contact details obtained; and

(iii)the following for each document obtained under paragraph (b)(i)—

(A)a description of its nature or type;

Example—

‘driver’s licence’

(B)any identifying number;

(C)any date of its issue;

(D)details that allow the person who apparently issued it to be identified; and

(iv)the type of the client’s licence and any expiry date stated on it.

(4)The documentary evidence obtained under subsection (3)(b)(i)—

(a)must not appear to have been forged or tampered with; and

(b)must include—

(i)a name and address that matches the name and address given by the new client; and

(ii)a signature that apparently matches the signature mentioned in subsection (3)(a)(iii); and

(iii)a photo of the new client.

(5)After complying with subsection (3), the seller must give the chief inspector—

(a)a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and

(b)copies of the documents required to be obtained under subsection (3) and of the client record.

(6)The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence.

(7)Subsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use.

78C   Restriction on holder of licence selling security sensitive explosive to existing client

(1)This section applies if the holder of a licence to sell explosives (the seller) proposes to—

(a)sell a security sensitive explosive to someone (the client) to whom the seller has previously sold a security sensitive explosive; or

(b)supply a security sensitive explosive to an employee mentioned in section 39(1) (also the client) if the client’s employer is someone to whom the seller has previously sold a security sensitive explosive.

(2)The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 78B(2) for the client, as a new client under that section.

Maximum penalty—200 penalty units.

(3)Also, if—

(a)the client’s licence mentioned in section 78B(3)(b)(ii) expires; or

(b)the chief inspector gives the seller a notice that the client’s licence has been cancelled or suspended; or

(c)the client holds a licence different from the licence under which the seller previously sold the client explosives; or

(d)the client’s licence mentioned in section 78B(3)(b)(ii) has been renewed since the seller previously sold the client explosives;

the seller must not sell or supply the explosive to the client unless subsections (4) to (7) have been complied with.

Maximum penalty—200 penalty units.

(4)The seller must—

(a)obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence); and

(b)update the client record for the client made under section 78B(3)(c) to include the new licence and any expiry date stated on it.

(5)After complying with subsection (4), the seller must give the chief inspector—

(a)a request in the approved form asking the chief inspector to validate the new licence; and

(b)a copy of the certified copy of the new licence.

(6)The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new licence.

(7)Subsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use.

79   Requirements for holder of licence to sell explosives

(1)The holder of a licence to sell explosives must—

(a)make a record of each explosive sold under the licence; and

(b)ensure the licence, or a copy of the licence, is kept at a place where explosives are sold under the licence.

Maximum penalty—50 penalty units.

(2)For subsection (1)(a), the record must include each of the following—

(a)the purchaser’s name;

(b)the amount and type of explosive sold;

(c)the date of sale;

(d)details of evidence produced by the purchaser to establish the purchaser’s authority to purchase the explosive;

(e)details of when and where the explosives were given to the purchaser.

(3)However, subsection (1)(a) does not apply to—

(a)an unrestricted firework; or

(b)small arms ammunition.

79A   Record-keeping obligations of holder of licence to sell explosives

(1)This section applies to a person who holds a licence to sell explosives.

(2)The person must keep each record required to be made under section 78B(3)(c) or 79 or updated under section 78C(4)(b) for 5 years from when the record is made or updated.

Maximum penalty—200 penalty units.

(3)Subsection (2) continues to apply to the person even if the licence ends.

(4)The person must, within 7 days after the end of each month, give the chief inspector a copy of each record the person made under section 79 for that month.

Maximum penalty—200 penalty units.

(5)If the licence ends and is not renewed, subsection (4) ceases to apply to the person at the end of the second month after the licence ends.

79B   Security plan obligations of holder of licence to sell explosives

(1)The holder of a licence to sell explosives must—

(a)make a written security plan for security sensitive explosives sold or to be sold by the holder that complies with subsection (2); and

(b)comply with the plan, or any revision of the plan under subsection (3).

Maximum penalty—200 penalty units.

(2)The security plan must include processes that ensure—

(a)the explosives are kept secure; and

(b)the chain of possession of all of the explosives can be traced from the holder to their purchaser, at the place to which they were required to be delivered under the relevant contract; and

(c)the explosives are delivered to the purchaser; and

Example—

If the purchaser is an employer to whom section 42 applies, the security plan must ensure any individual to whom the explosives are delivered is authorised, under the employer’s safety management system, to have access to and receive them for the employer.

(d)records are kept that allow auditing of compliance with the plan.

Maximum penalty—200 penalty units.

(3)The holder must revise the security plan if an event happens that shows a security sensitive explosive sold by the holder has not been—

(a)kept secure; or

(b)able to be traced as mentioned in subsection (2)(b); or

(c)delivered to its purchaser.

Maximum penalty—200 penalty units.

(4)The holder must, as soon as practicable after making the security plan, give the chief inspector a copy of the plan.

Maximum penalty—200 penalty units.

(5)If the holder revises the security plan, the holder must give the chief inspector a copy of the revised security plan as soon as practicable after the chief inspector asks for a copy of the plan.

Maximum penalty—20 penalty units.

(6)In this section—

revise means amend or remake.

80   Offences about purchasing explosives

(1)A person purchasing an explosive must not knowingly make, to the person selling the explosive, a false or misleading statement about the person’s identity or authority to purchase the explosive.

Maximum penalty—50 penalty units.

(2)A person must not, without reasonable excuse, purchase an explosive if the person knows, or ought reasonably to know, that the explosive may not lawfully be sold to the person.

Maximum penalty—20 penalty units.

(3)A person purchasing a security sensitive explosive must, as soon as practicable after receiving it, give the seller notice of its receipt.

Maximum penalty—200 penalty units.

Part 8    Storing explosives

Division 1 Preliminary

81   Definition for pt 8

In this part—

sch 4 explosive means an explosive mentioned in schedule 4.

82   Explosives and government entities exempt from s 44 of Act

(1)The following explosives are exempt from section 44 of the Act—

(a)a sch 4 explosive;

(b)collectors’ ammunition stored by a prescribed ammunition collector.

(2)A government magazine is exempt from section 44 of the Act.

Division 2 Requirements for storing sch 4 explosives

83   Application of div 2

This division does not apply to an explosive stored at a government magazine.

84   Definitions for div 2

In this division—

required places, for a secured area, means—

(a)if the secured area is a drawer—on the outward facing surface of the drawer; or

(b)if the secured area is a cabinet—on the exterior surface of the cabinet; or

(c)if the secured area is a cupboard, room or another enclosure—at each entrance to the enclosure.

secure container means a spark-proof container that is kept closed at all times except when explosives are put into, or taken out of, the container.

secured area means a following place kept locked at all times when the place is not attended by a person—

(a)a drawer or cabinet; or

(b)a cupboard, room or another enclosure.

85   General requirements for storing sch 4 explosives

(1)A person storing a sch 4 explosive must comply with—

(a)the applicable requirements under sections 86 to 90; and

(b)to the extent it is not inconsistent with the requirements mentioned in paragraph (a)—subsection (2).

(2)The person must take reasonable care in storing the explosive to—

(a)prevent access to the explosive by a person who is not authorised to possess the explosive; and

(b)store the explosive in a place that best minimises the potential consequences of an explosives incident involving the explosive.

Maximum penalty—50 penalty units.

86   Requirements for storing small arms ammunition and power device cartridges

(1)A person storing small arms ammunition or a power device cartridge—

(a)must store the explosive in its original packaging or in packaging or containers designed to protect the explosives individually and—

(i)in a secure container; or

(ii)on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and

(b)must store the explosive in a secured area; and

(c)unless the person is authorised to do so under the Weapons Act 1990, must not store the explosive in a secured area in which a firearm is stored; and

(d)if the person stores more than 10,000 safety cartridges or power device cartridges in a secured area—must display, in the required places for the secured area, a classification sign for the cartridges stored in the secured area.

Maximum penalty—20 penalty units.

(2)In this section—

safety cartridge has the meaning given under AS 2187, part 0.

87   Requirements for storing distress signals in shop

A person storing a distress signal in a shop—

(a)must store the explosive in—

(i)its original packaging; and

(ii)a secure container; and

(b)must store the explosive in a secured area.

Maximum penalty—20 penalty units.

88   Requirements for storing particular fireworks

(1)A person storing a firework, other than an unrestricted firework—

(a)must store the explosive in—

(i)its original packaging; and

(ii)a secure container; and

(b)must not store the firework in an area accessible to persons not authorised to possess the explosive; and

(c)must store the firework in a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and

(d)if the person stores more than 5kg (gross weight) of fireworks in a secured area—must display, in the required places for the secured area—

(i)a sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and

(ii)a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area.

Maximum penalty—50 penalty units.

(2)However, the firework may be stored in a building used wholly or partly as a dwelling or shop with the written approval of the chief inspector.

89   Requirements for storing propellant powder

A person storing a propellant powder must—

(a)store the explosive in—

(i)its original packaging; and

(ii)a secured area; and

(b)display, in the required places for the secured area, a sign—

(i)stating the word ‘Explosives’ or the words ‘Propellant powders’; and

(ii)stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and

(c)if the person stores more than 15kg of propellant powder in a secured area—display, in the required places for the secured area, a classification sign for the explosives stored in the secured area.

Maximum penalty—50 penalty units.

90   Requirements for storing blasting explosives

A person storing a blasting explosive must—

(a)store the explosive in a secured area; and

(b)display, in the required places for the secured area—

(i)a sign stating the word ‘Explosives’; or

(ii)a classification sign for the explosives stored in the secured area.

Maximum penalty—50 penalty units.

Division 3 Requirements for holders of licence to store explosives and permit to store explosives

91   Definition for div 3

In this division—

relevant holder means the holder of—

(a)a licence to store explosives; or

(b)a permit to store explosives.

92   Requirements for storage of explosives

A relevant holder must store an explosive, other than a sch 4 explosive, as required under—

(a)for a class 1 explosive—AS 2187, part 1; or

(b)for a precursor—the precursor code; or

(c)for security sensitive ammonium nitrates—‘Explosives information bulletin number 53—Storage requirements for security sensitive ammonium nitrate (SSAN)’, published by the chief inspector; or

Editor’s note—

Explosives information bulletins can be accessed on the department’s website.

(d)an alternative safety measure for paragraph (a), (b) or (c); or

(e)for an explosive other than an explosive mentioned in paragraph (a), (b) or (c)—a safety measure approved by the chief inspector for the explosive.

Maximum penalty—50 penalty units.

93   Authority must be kept at storage facility

A relevant holder must keep the holder’s authority, or a copy of the authority, at a storage facility for the authority.

Maximum penalty—20 penalty units.

94   Explosives to be supplied only to authorised persons

A relevant holder must ensure an explosive supplied from a storage facility for the holder’s authority is supplied only to a person who is authorised to possess the explosive.

Maximum penalty—50 penalty units.

95   Inspection of storage facility

(1)A relevant holder must ensure each of the following are inspected for compliance with the Act—

(a)a storage facility for the holder’s authority;

(b)the premises where the facility is located;

(c)the explosives stored in the storage facility.

(2)Inspections must be carried out at least once every 3 months.

(3)The relevant holder must keep a record of the inspections, stating the date of the inspection and any observations made.

Maximum penalty—50 penalty units.

96   Records of explosives stored

(1)A relevant holder must keep a record of an explosive received at, or supplied to a person from, a storage facility for the holder’s authority.

Maximum penalty—50 penalty units.

(2)The record must include each of the following details—

(a)the type and amount of explosive received or supplied;

(b)the day and time of the receipt or supply;

(c)for an explosive supplied from the facility to a person—

(i)the name of the person to whom the explosive is supplied; and

(ii)details of the person’s authority to possess the explosive;

(d)the amount of explosives stored in the facility immediately after the receipt or supply.

(3)The relevant holder must ensure regular stocktakes of explosives stored in the facility are carried out to identify discrepancies in the records kept by the relevant holder under this section.

(4)If a discrepancy in the records is identified, the relevant holder must—

(a)ensure the discrepancy is properly investigated; and

(b)give to the chief inspector a written report stating each of the following—

(i)the discrepancy identified;

(ii)the findings of the investigation;

(iii)the measures taken to prevent the discrepancy happening again.

Maximum penalty—50 penalty units.

97   Notification of changes to storage facility

(1)A relevant holder must give notice to the chief inspector of a material change to a storage facility for the holder’s authority, or the surrounding area of the facility, if the holder knows, or ought reasonably to know, that the change increases the risk associated with the facility.

(2)The notice must be given as soon as practicable after the change happens.

Maximum penalty—50 penalty units.

Division 4 Provisions about government magazines

Subdivision 1 Preliminary

98   Definitions for div 4

In this division—

applicant see section 103(1).

magazine employee means a person employed to work in a government magazine.

relevant person, for payment of a fee charged by the chief inspector under section 107, means—

(a)the person who requested that—

(i)the explosive for which the fee is charged be stored at the government magazine; or

(ii)the activity for which the fee is charged be carried out at the government magazine; or

(b)if a notice for the explosive is given under subdivision 6 after the request was made—the person named in the notice as the person to whom the explosive was sold or transferred.

Subdivision 2 Manager of government magazine

99   Chief inspector may appoint manager of government magazine

(1)The chief inspector may appoint a person, with the person’s consent, to be the manager of a government magazine.

(2)The manager of a government magazine is responsible for each of the following—

(a)receiving explosives at the magazine;

(b)storing explosives at the magazine;

(c)inspecting and sampling explosives stored at the magazine;

(d)repackaging explosives stored at the magazine;

(e)supplying explosives from the magazine to persons.

100   Requirements for manager of government magazine

The manager of a government magazine must do each of the following—

(a)comply with a direction given to the manager by the chief inspector;

(b)keep a record of each activity mentioned in section 99(2);

(c)ensure the magazine, including a building, its premises and the equipment and tools in the building, is properly maintained and in a safe condition;

(d)be personally present at the magazine at all times during normal working hours, unless another person, approved by the chief inspector for this paragraph, is present at the magazine for the manager;

(e)take reasonable steps to ensure a magazine employee, or another person present in the magazine, complies with the Act;

(f)immediately report to the chief inspector—

(i)an explosives incident happening at the magazine; or

(ii)another incident happening at the magazine that injures, or has the potential to injure, a person.

101   Power of manager to inspect, sample and repackage explosives stored at government magazine

(1)The manager of a government magazine may do each of the following for an explosive stored at the government magazine—

(a)inspect and take samples of the explosive to decide whether it is—

(i)an authorised explosive; or

(ii)packaged and labelled as required under the Australian explosives code; or

(iii)in a safe condition for storage and transport;

(b)if subsection (2) applies—repackage the explosive.

(2)For subsection (1)(b), the manager may repackage an explosive if—

(a)the person for whom the explosive is stored consents to it being repackaged; and

(b)the manager is of the reasonable opinion that repackaging is necessary for the explosive to be—

(i)packaged and labelled as required under the Australian explosives code; and

(ii)in a safe condition for storage and transport.

Subdivision 3 Entry to government magazine

102   Entry to government magazine

A person must not enter a government magazine without the consent of—

(a)the manager of the magazine; or

(b)an inspector.

Maximum penalty—20 penalty units.

Subdivision 4 Storage of explosive etc. at government magazine

103   Request to store explosive etc. at government magazine

(1)This section applies to a person (an applicant), other than the manager of a government magazine, who wishes to—

(a)have an explosive stored at the government magazine; or

(b)enter the government magazine and carry out an activity in relation to an explosive stored at the magazine for the person.

Examples of activities—

checking, sampling, relabelling and repackaging explosives

(2)The applicant must give notice, to the manager of the government magazine, requesting that the explosive be stored, or the activity be carried out, at the government magazine.

(3)This section does not apply to an inspector.

104   How manager must deal with request to store explosive etc.

(1)If the manager of a government magazine receives a request made under section 103, the manager must, as soon as practicable after receiving the request—

(a)decide whether to approve the request; and

(b)give the applicant a notice stating each of the following—

(i)whether the manager approves the request;

(ii)if the request is not approved—the reasons for the manager’s decision;

(iii)if the request is approved—the matters stated in subsection (2).

(2)For subsection (1)(b)(iii), the matters are each of the following—

(a)that an explosive stored at the magazine may be inspected and sampled by—

(i)the manager of the magazine under section 101; or

(ii)an inspector under the Act;

(b)that the applicant may carry out an activity at the government magazine in relation to the explosive only with the chief inspector’s consent;

(c)that the chief inspector may require, as a condition of consenting to the activity being carried out, that the activity be carried out under the supervision of the manager of the magazine, a magazine employee or an inspector;

(d)that before the explosive is stored, or the activity carried out, at the government magazine, the applicant must agree to pay, within 30 days of receiving an account or written demand for the fee, any fee charged by the chief inspector under section 107 for storing the explosive or supervising the activity;

(e)for a request to store an explosive—that the explosive must, unless an exemption is given by the chief inspector for section 105(1)(d), be—

(i)properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and

(ii)in a safe condition for storage, handling and transport;

(f)the powers of the chief inspector under subdivision 5 if a fee mentioned in paragraph (d) is not paid.

(3)The manager may approve a request to store an explosive at the government magazine only if the manager is reasonably satisfied the explosive may be safely stored at the magazine.

105   Requirements for explosives stored at government magazine

(1)An explosive may be stored for an applicant at a government magazine only if—

(a)the manager of the government magazine has approved a request to store the explosive; and

(b)the applicant agrees to pay, within 30 days of receiving an account or written demand for the fee, any fee charged by the chief inspector under section 107 for storing the explosive; and

(c)the explosive is—

(i)an authorised explosive; or

(ii)an unauthorised or prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and

(d)the explosive is—

(i)properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and

(ii)in a safe condition for storage, handling and transport.

(2)However, subsection (1)(d) does not apply if an exemption is given for the subsection by the chief inspector.

(3)Subsections (1)(a), (b) and (c) do not apply to an explosive stored at the government magazine for an inspector.

106   Requirements for activities carried out at government magazine

(1)An activity may be carried out by an applicant at a government magazine in relation to an explosive stored at the magazine only if—

(a)the chief inspector consents to the activity being carried out; and

(b)the manager of the government magazine has approved a request to carry out the activity at the magazine; and

(c)the applicant agrees to pay, within 30 days of receiving an account or written demand for the fee, any fee charged by the chief inspector under section 107 for supervision of the activity; and

(d)if the chief inspector requires, as a condition of approving a request to carry out the activity, that the activity must be carried out under the supervision of the manager of the magazine, a magazine employee or an inspector—the activity is supervised by the manager, a magazine employee or an inspector; and

152A   False or misleading information about authority

(1)A person (an acquirer) must not give information or make a representation to another person from whom the acquirer is acquiring an explosive, other than by purchasing the explosive, that the acquirer knows is false or misleading in a material particular about—

(a)the type of authority held by the acquirer and the activities allowed under the authority; or

(b)the type of explosive the acquirer is authorised to deal with under the authority; or

(c)a condition on the authority; or

(d)the name or identity of the person to whom the authority is issued; or

(e)the name or identity of the acquirer.

Examples of acquiring an explosive other than by purchasing the explosive—

•a person taking possession of an explosive to transport or store the explosive

•a person taking possession of fireworks for the purpose of conducting a fireworks display

Maximum penalty—20 penalty units.

(2)A person (a service provider) must not give information or make a representation to another person who employs, or otherwise engages, the service provider to provide a service related to an explosive that the service provider knows is false or misleading in a material particular about—

(a)the type of authority held by the service provider and the activities allowed under the authority; or

(b)the type of explosive the service provider is authorised to deal with under the authority; or

(c)a condition on the authority; or

(d)the name or identity of the person to whom the authority is issued; or

(e)the name or identity of the service provider.

Examples—

•an employee tells the employee’s employer that the employee holds an authority to manufacture explosives when the employee does not hold the authority

•an employee holds a fireworks operator licence but tells the employee’s employer that the employee holds a shotfirer licence

•a fireworks operator contracted by a fireworks contractor tells the fireworks contractor that the fireworks operator is authorised to purchase fireworks

Maximum penalty—20 penalty units.

(3)It is enough for a complaint against a person for an offence against subsection (1) or (2) to state the information given or the representation made by the person was false or misleading to the person’s knowledge without specifying whether it was false or whether it was misleading.

153   Prohibition on altering authority

(1)A person must not alter an authority issued to the person.

Maximum penalty—50 penalty units.

(2)A person, other than the chief inspector, must not alter an authority issued to someone else.

Maximum penalty—20 penalty units.

154   Labels etc. to be written in English

A label, document, record or notice required under the Act must be written in English.

Part 12    Transitional provisions

Division 1 Transitional provisions for Explosives Amendment Regulation (No. 1) 2006

155   Definition for pt 12

In this part—

existing licensed seller means the holder of a licence to sell explosives that was in force immediately before 2 June 2006.

156   Transitional provisions for existing clients of existing licensed seller

(1)An existing licensed seller is taken to have complied with section 78C(2) for an existing client of the seller if, before 2 June 2006—

(a)the seller gave the chief inspector documents, however called, that are the same, or substantially the same, as a validation request and all of the validation documents for the client; and

(b)the chief inspector gave the seller a notice to the same, or substantially the same, effect as a validation notice for the client.

(2)Subsections (3) to (5) apply if, before 2 June 2006—

(a)an existing licensed seller made a written request of the chief inspector for an existing client of the seller to the same effect as a validation request for the client; but

(b)the existing seller had not given the chief inspector all or any of the validation documents for the client.

(3)The request is taken to be a validation request for the existing client.

(4)The chief inspector must not give a validation notice for the existing client until all of the validation documents for the client have been given to the chief inspector.

(5)In deciding the validation request, the chief inspector may consider any validation document given for the existing client before 2 June 2006.

(6)In this section—

existing client, of an existing licensed seller, means a person to whom the seller has, before 2 June 2006—

(a)sold a security sensitive explosive; or

(b)supplied a security sensitive explosive as an employee mentioned in section 39(1).

validation documents means documents of a type mentioned in section 78B(5)(b).

validation notice means a notice under section 78B(6).

validation request means a request under section 78B(5)(a).

157   Deferral of security plan obligations for existing licensed seller

Section 79B does not apply to an existing licensed seller until 1 December 2006.

Division 2 Transitional provision for Mining and Other Legislation (Safety and Health) Amendment Regulation (No. 1) 2008

158   Provision about safety and health fee payable on or before 31 October 2008

(1)This section applies in relation to a safety and health fee payable by the holder of an authority on or before 31 October 2008 under section 146B.

(2)Despite section 146B(2) and (3), the amount payable for the safety and health fee is $75.

159   [Repealed]

160   [Repealed]

Schedule 1 Prohibited explosives

section 15

Part 1    Prohibited explosives

   

1Small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition, other than small arms ammunition—

(a)used as a distress signal or wildlife control device; or

(b)manufactured, brought into the State from another country, stored, transported or sold for use, or used, by an officer or member of a State police service in the course of the officer’s or member’s official duties; or

(c)stored, sold, transported or possessed by a prescribed ammunition collector or the holder of a licence to collect ammunition.

2Ammunition that contains explosives, other than—

(a)small arms ammunition; and

(b)ammunition manufactured, brought into the State from another country, stored, transported or sold for use, or used, by an officer or member of a State police service in the course of the officer’s or member’s official duties.

3An explosive containing a chlorate mixed with an ammonium salt.

4Any of the following fireworks—

(a)a firework from which explosive material may escape;

(b)a firework, all or part of which explodes, containing aluminium or magnesium mixed with potassium chlorate or another chlorate, whether or not the firework contains another substance;

(c)a firework, other than an unrestricted firework or a distress signal, containing a chlorate mixed with sulphur, a sulphide or phosphorus, whether or not the firework contains another substance;

(d)a firework, other than an unrestricted firework or a distress signal, that contains, or is attached to, a thing capable of initiating the firework by friction or percussion;

(e)a firework—

(i)all or part of which is projected through the air on initiation; and

(ii)that has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code;

Example—

a sky rocket

(f)a cracker, other than a cracker that is a component in a string of crackers;

Examples—

bungers, bangers and matchcrackers

(g)a salute with a diameter or length greater than 75mm;

(h)a candle with an internal diameter greater than 50mm;

(i)a fountain with an internal diameter greater than 125mm;

(j)a candle with an internal diameter greater than 25mm containing a pyrotechnic unit composed wholly or predominantly of flash powder;

(k)a multishot box item and another assembly consisting of tubes greater than 30mm in diameter fastened together in a vertical or near vertical array, other than—

(i)an item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1,000 tubes or 1,000 pyrotechnic units; or

(ii)an item consisting of tubes with an internal diameter of greater than 10mm but not greater than 25mm that does not have more than 200 tubes or 200 pyrotechnic units; or

(iii)an item consisting of tubes with an internal diameter of greater than 25mm but not greater than 38mm that—

(A)does not have more than 200 tubes or 200 pyrotechnic units; and

(B)does not contain flash powder; or

(iv)an item consisting of tubes with an internal diameter of greater than 38mm but not greater than 50mm that—

(A)does not have more than 52 tubes or 52 pyrotechnic units; and

(B)does not contain flash powder;

(l)a string of crackers—

(i)in which any cracker is greater than 45mm in length or has an external diameter of greater than 10mm; or

(ii)containing a roll of crackers designed to initiate at the same time, including, for example, a headroll.

Part 2    Interpretation

In this schedule, a term that is not defined in the Act or this regulation but that is defined in AS 2187, part 0, has the meaning given to it by the standard.

Schedule 2 Fees

section 20

$
1	Licence to import explosives or licence to export explosives—
(a)  for blasting explosives—
(i)  application for licence	nil
(ii)  licence for 1 year	693.00
(b)  for propellant powders and ammunition—
(i)  application for licence	nil
(ii)  licence for 1 year	459.70
(c)  for fireworks—
(i)  application for licence	nil
(ii)  licence for 1 year	338.80
(d)  for distress signals—
(i)  application for licence	nil
(ii)  licence for 1 year	103.60
(e)  for an explosive not mentioned in paragraphs (a) to (d)—
(i)  application for licence	nil
(ii)  licence for 1 year	338.80
2	Licence to manufacture explosives—
(a)  for an explosives factory other than a mobile manufacturing unit—
(i)  application for licence	nil
(ii)  licence for 1 year	429.10
(b)  for a mobile manufacturing unit—
(i)  application for licence	nil
(ii)  licence for 1 year	197.40
(c)  for manufacture of explosives at a place that is not an explosives factory—
(i)  application for licence	nil
(ii)  licence for 1 year	99.50
3	Licence to sell explosives—
(a)  for blasting explosives—
(i)  application for licence	nil
(ii)  licence for 1 year	83.70
(b)  for propellant powders—
(i)  application for licence	nil
(ii)  licence for 1 year	83.70
(c)  for fireworks—
(i)  application for licence	nil
(ii)  licence for 1 year	83.70
(d)  for ammunition—
(i)  application for licence	nil
(ii)  licence for 1 year	15.45
(e)  for an explosive not mentioned in paragraphs (a) to (d)—
(i)  application for licence	nil
(ii)  licence for 1 year	83.70
4	Licence to store explosives—
(a)  for blasting explosives up to 100kg—
(i)  application for licence	nil
(ii)  licence for 1 year	109.80
(b)  for blasting explosives greater than 100kg—
(i)  application for licence	nil
(ii)  licence for 1 year	429.00
(c)  for propellant powders up to 100kg—
(i)  application for licence	nil
(ii)  licence for 1 year	41.25
(d)  for propellant powders greater than 100kg but not greater than 250kg—
(i)  application for licence	nil
(ii)  licence for 1 year	109.80
(e)  for propellant powders greater than 250kg—
(i)  application for licence	nil
(ii)  licence for 1 year	429.10
(f)  for fireworks up to 100kg (gross weight)—
(i)  application for licence	nil
(ii)  licence for 1 year	41.25
(g)  for fireworks greater than 100kg (gross weight)—
(i)  application for licence	nil
(ii)  licence for 1 year	429.10
(h)  for an explosive not mentioned in paragraphs (a) to (g), up to 100kg—
(i)  application for licence	nil
(ii)  licence for 1 year	41.25
(i)  for an explosive not mentioned in paragraphs (a) to (g), greater than 100kg—
(i)  application for licence	nil
(ii)  licence for 1 year	429.10
5	Licence to transport explosives—
(a)  application for licence	nil
(b)  licence for 1 year for each vehicle stated in the licence	109.80
6	Licence to use explosives—
(a)  application for licence	nil
(b)  licence for 1 year	59.30
7	Shotfirer licence—
(a)  application for licence	nil
(b)  licence for 1 year	59.30
8	Fireworks contractor licence—
(a)  application for licence	nil
(b)  licence for 1 year	394.60
9	Fireworks operator licence—
(a)  application for licence	nil
(b)  licence for 1 year	126.00
10	Licence to collect ammunition—
(a)  application for licence	nil
(b)  licence for 1 year	15.45
11	Application for permit to import explosives	nil
12	Application for permit to export explosives	nil
13	Application for permit to store explosives	nil
14	Application for explosives trial approval	nil
15	Request for declaration that explosive is an authorised explosive	142.00
16	Transfer of licence other than a licence to use an explosive	43.20
17	Copy of licence	43.20

Schedule 3 Matters to be included in safety management system

section 43

Part 1    Matters to be provided for in system procedures

   

1Establishing and maintaining an explosives safety management system to deal with hazard identification, risk assessment and risk control.

2The provision of information, education and training to—

(a)employees and contractors of the authority holder; and

(b)if the system is for a place—visitors to the place.

3Reporting and investigating explosives incidents.

4Internal auditing of the system.

5Collecting information about the system to monitor its effectiveness.

6Keeping records of the system, including records of each of the following—

(a)internal audits and statistics;

(b)risk assessments undertaken;

(c)training of personnel;

(d)reports and investigations of explosives incidents;

(e)reviews of operational procedures;

(f)consultations of employees and contractors about safety;

(g)explosives manufactured or stored under the licence;

(h)maintenance carried out on buildings, plant and equipment;

(i)testing of safety shut-off systems and alarms;

(j)testing of emergency procedures and the evacuation plan.

7Periodic reviews of the legislative requirements applicable to the system, and amendments of the system, if necessary, to comply with the requirements.

8Changing the system.

9Establishing and maintaining an explosives security management system to deal with identifying, assessing and controlling security risks.

Part 2    Matters to be provided for in operational procedures

   

1Supervising visitors and contractors in areas where there are explosives.

2Maintaining buildings, plant and equipment, including each of the following—

(a)cleaning to ensure buildings, plant and equipment are free from explosives before maintenance is carried out;

(b)precautionary steps, including, for example, cleaning and clearing, to isolate a hazard before maintenance is carried out in the vicinity of the hazard;

Examples of precautionary steps—

•cleaning contaminated equipment

•isolating electrical, pressure or other sources of energy

•confined space entry

(c)the frequency of required maintenance.

3Restricting smoking, the consumption of alcohol, the possession and use of firearms, and other activities potentially affecting the risk associated with the activities carried out under the authority.

4Selecting, maintaining and using personal protective equipment, including, for example, clothing, equipment or devices designed to protect a person from harm.

Examples of personal protective equipment—

gloves, safety glasses, a hard hat and safety shoes

5Identifying and disposing of waste explosives and ingredients for manufacturing explosives, and separating waste materials that are not compatible, including, for example, procedures for burning waste.

6Testing safety shut-off systems and alarms.

7If the activities include manufacturing or bringing explosives into the State from another country—sampling and testing the explosives.

8Transporting explosives under the authority, including security provisions and procedures.

9Storing and handling explosives under the authority, including security provisions and procedures.

10Handling chemicals and keeping—

(a)a register of chemicals stored or used for the activities; and

(b)a safety data sheet for each chemical.

11Receiving explosives at a place where the activities are carried out.

12Limiting the amount of explosives in, and the number of persons in, buildings and other places where the activities are carried out.

13Using explosives under the authority, including security provisions and procedures.

14Responding to adverse weather conditions, including, for example, lightning.

15Restricting sources of ignition in buildings and other places where the activities are carried out.

16Separating materials that are not compatible.

17Manufacturing explosives under the authority, including storing and mixing ingredients used to manufacture explosives.

18Cleaning and tidying areas where explosives are handled under the authority.

19Handling misfires.

20Operating plant and equipment used in the activities, including, for example, a pump.

21Preparing for and responding to emergencies, including an evacuation plan, and testing of the procedures.

Examples—

•procedures for controlling spills

•the provision of fire fighting equipment

•the availability of first aid

22Changing operational processes, the composition of the explosives used for the activities, the ingredients used to manufacture explosives and the packaging of explosives.

23The competencies and training required for personnel who carry out the activities.

24Recording and handling complaints about the activities.

Schedule 4 Explosives exempt from section 44 of Act

section 81, definition sch 4 explosive

1Small arms ammunition stored by a person who is licensed or otherwise authorised under the Weapons Act 1990.

2Power device cartridges.

3Safety fuses and igniters.

4Electric matches.

5Unrestricted fireworks.

6Explosives designed to activate airbags, seatbelts, fire extinguishers and parachutes.

7Distress signals—

(a)with classification code 1.3G—maximum amount 15kg (gross weight); or

(b)with classification code 1.4G—maximum amount 250kg (gross weight).

8Fireworks, other than unrestricted or prohibited fireworks, stored by a person licensed to use the fireworks—

(a)with classification code 1.1G, 1.2G or 1.3G—maximum amount 50kg (gross weight); or

(b)with classification code 1.4G—maximum amount 250kg (gross weight).

9Propellant powders stored by a person who holds a licence under the Weapons Act 1990—

(a)maximum amount 15kg; or

(b)if the powders are stored on a property larger than 2ha—maximum amount 30kg.

10Propellant powders stored by a person licensed to sell the powders—maximum amount 100kg.

11Blasting explosives stored by a person licensed to use the explosives—

(a)maximum amount 10kg; or

(b)if the explosives are stored on a property larger than 2ha—maximum amount 30kg.

Schedule 5 Explosives prescribed for section 50(3) of Act

section 116

1Small arms ammunition.

2Power device cartridges.

3Safety fuses and igniters.

4Electric matches.

5Unrestricted fireworks.

6Propellant powders, other than black powder—maximum amount 50kg.

7Black powder—maximum amount 25kg.

8Distress signals—

(a)with classification code 1.1G, 1.2G or 1.3G—maximum amount 50kg; and

(b)with classification code 1.4G—maximum amount 250kg; and

(c)with classification code 1.4S.

9Explosives designed to activate airbags, seatbelts, fire extinguishers or parachutes.

10Explosives not mentioned in item 8—

(a)with classification code 1.3C or 1.3G—maximum amount 50kg; and

(b)with classification code 1.4C or 1.4G—maximum amount 250kg.

Schedule 6 Unrestricted fireworks

schedule 7, definition unrestricted firework

1Amorces and caps for toy pistols.

2Indoor table bombs.

3Model rocket motors—maximum weight 62.5g.

4Snaps for bon bon crackers.

5Sparklers.

6Starting pistol caps.

7Streamer cones.

8Indoor decorative fountains.

Schedule 7 Dictionary

section 3

alternative safety measures see section 9(2).

ANFO means an explosive consisting of a mixture of ammonium nitrate and fuel oil in a proportion that complies with AS 2187, part 2.

applicant, for part 8, division 4, see section 103(1).

approved explosives limits, for a port, means—

(a)explosives limits approved for the port under section 62; or

(b)if the chief inspector has imposed interim explosives limits for the port—the interim explosives limits for the port.

AS 2187, part 0 means AS 2187—‘Explosives—storage, transport and use’, part 0 ‘Terminology’ (1998).

AS 2187, part 1 means AS 2187—‘Explosives—storage, transport and use’, part 1 ‘Storage’ (1998).

AS 2187, part 2 means AS 2187.2—‘Explosives—storage and use’, part 2 ‘Use of explosives’ (2006).

Australian dangerous goods code means the seventh edition of the ‘Australian code for the transport of dangerous goods by road and rail’, approved by the Australian Transport Council.

Editor’s note—

At the commencement of this definition, the Australian dangerous goods code could be accessed on the National Transport Commission Australia’s website.

Australian explosives code means the third edition of the ‘Australian code for the transport of explosives by road and rail’, approved by the Workplace Relations Ministers’ Council.

Editor’s note—

At the commencement of this definition, the Australian explosives code could be accessed on the Commonwealth Department of Education, Employment and Workplace Relations’ website.

blasting activities means preparing a blasting explosive for use or using a blasting explosive.

Example of types of blasting activities—

•agricultural and small-scale blasting

•quarrying and open-cut mining

•tunnelling and underground mining

•submarine blasting

blasting explosive means an explosive used for blasting or producing a similar effect.

Examples of a blasting explosive—

•ANFO

•a booster as defined under AS 2187, part 0

•a cartridge (or plug or stick) as defined under AS 2187, part 0

•a detonator

•a detonating cord

•a precursor

•TNT

certified copy, of a document, means a copy of the document certified by any of the following to be a true copy of the document—

(a)a lawyer;

(b)a notary public;

(c)a commissioner for declarations;

(d)a justice of the peace.

class 1 explosive means an explosive that has been classified, under the UN model regulations, as being in class 1.

class 2 to 9 explosive means an explosive that has been classified, under the UN model regulations, as being in one of classes 2 to 9.

classification code, of an explosive, means—

(a)for an explosive to which the UN model regulations apply—

(i)the class, division and compatibility group to which the explosive is assigned under the UN model regulations; or

Example—

An explosive with the classification code of class 1, division 1.1, compatibility group D is an explosive that has been assigned to the following class, division and compatibility group under the UN model regulations—

•class 1 (Explosives);

•division 1.1 (Substances and articles which have a mass explosion hazard);

•compatibility group D (Secondary detonating explosive substance or black powder or article containing a secondary detonating explosive substance, in each case without means of initiation and without a propelling charge, or article containing a primary explosive substance and containing 2 or more effective protective features).

(ii)the class, division and packing group to which the explosive is assigned under the UN model regulations; or

Example—

An explosive with the classification code of class 5, division 5.1, packing group III is an explosive that has been assigned to the following class, division and packing group under the UN model regulations—

•class 5 (Oxidising substances and organic peroxides);

•division 5.1 (Oxidising substances);

•packing group III (When packed in accordance with this group the substance presents low danger).

(b)for an explosive to which the UN model regulations do not apply—the class to which the explosive is assigned under another classification system approved by the chief inspector.

classification sign means—

(a)for a class 1 explosive—the sign shown in the Australian explosives code, chapter 3, showing the classification code for the explosive; or

(b)for a class 2 to 9 explosive—the sign shown in the Australian dangerous goods code, chapter 5, showing the classification code for the explosive.

collectors’ ammunition means—

(a)small arms ammunition; and

(b)other ammunition that does not contain explosives.

commencing day ...

compatible, in relation to 2 or more materials, means the materials will not react together to cause a fire, explosion, harmful reaction or the production of flammable, toxic or corrosive vapours.

decision notice ...

display host, for a fireworks display, see section 130.

distress signal—

(a)means a packaged pyrotechnic substance used for signalling, warning, rescue or a similar purpose; and

(b)includes marine flares and signals, landing flares, highway fusees, line-carrying rockets and smoke generators.

electric match means an electric match containing a pyrotechnic substance that is initiated electrically.

Examples of electric matches—

electric match heads, squibs, electric fuses

existing ...

existing licensed seller, for part 12, see section 155.

explosives limit, for part 5, division 4, see section 61(a).

explosives limits document, for part 5, division 4, see section 61.

explosives worker, for part 10A, see section 146A.

firework has the meaning given under AS 2187, part 0.

fireworks contractor—

(a)means the holder of a fireworks contractor licence; and

(b)for a fireworks display—also see section 131(1).

fireworks display see section 129(1).

fireworks operator—

(a)means the holder of a fireworks operator licence; and

(b)for a fireworks display—also see section 134(1).

former regulation means the repealed Explosives Regulation 1955.

handle an explosive includes—

(a)bring the explosive into the State from another country or send the explosive from the State to another country; and

(b)manufacture, possess, sell, store, transport or use the explosive.

hazard means a thing or situation with potential to cause harm to a person, property or the environment, including, for example, the loss or theft of explosives.

initiate an explosive means fire, explode or ignite the explosive.

interim explosives limits, for a port, means explosives limits imposed for the port by the chief inspector under section 64.

magazine employee, for part 8, division 4, see section 98.

manager, of a government magazine, means the person appointed as the manager of the magazine under section 99.

material safety data sheet ...

mine means—

(a)a coal mine within the meaning of the Coal Mining Safety and Health Act 1999; and

(b)another mine, including, for example, a quarry, to which the Mining and Quarrying Safety and Health Act 1999 applies.

misfire means a charge, or part of a charge, fails to explode or ignite.

mobile manufacturing code means version 1.2 of the ‘Code of practice—mobile processing units’ (2005), published by the Australian Explosives Industry and Safety Group.

Editor’s note—

The mobile manufacturing code can be accessed on the department’s website.

mobile manufacturing unit means a mobile unit, including, for example, a vehicle, used for manufacturing explosives.

museum means a non-profit institution—

(a)owned or administered by the State; and

(b)having, as a function, the preservation of information in any branch of the natural sciences about animals.

notice means a written notice.

organise a fireworks display means perform the functions stated in section 131(2) for the fireworks display.

packing group has the meaning given under the Australian dangerous goods code.

port has the meaning given under the Transport Infrastructure Act 1994, schedule 6.

port authority has the meaning given under the Transport Infrastructure Act 1994, schedule 6.

port operator has the meaning given in the Transport Infrastructure Act 1994, section 267.

power device cartridge has the meaning given under AS 2187, part 0.

precursor means a liquid mixture of water, ammonium nitrate and fuels, with or without other oxidising agents, emulsifiers and other chemicals, that—

(a)is manufactured with a view to producing an explosive; and

(b)is not a class 1 explosive.

precursor code means the first edition of the ‘Code of good practice—precursors for explosives’ (1999) published by the then Australian Explosives Manufacturers Safety Committee.

prescribed ammunition collector means—

(a)a museum; or

(b)a person who is a member of a collectors association approved by the chief inspector under section 148.

prescribed information, for part 2, see section 11.

prescribed shotfirer, for part 10, division 2, see section 122.

propellant powder has the meaning given by AS 2187, part 0.

Example of a propellant powder—

black powder

pyrotechnic substance has the meaning given under AS 2187, part 0.

quarter means a 3 month period ending on 30 September, 31 December, 31 March or 30 June.

Queensland fireworks code means the first edition of the ‘Queensland code of practice, control of outdoor fireworks displays’ (2003) published by the Department of Natural Resources and Mines.

registered training organisation has the meaning given under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

relevant holder—

(a)for part 5, division 2, see section 48; and

(b)for part 5, division 3, see section 55; and

(c)for part 6, division 2, see section 67; and

(d)for part 8, division 3, see section 91.

relevant person, for part 8, division 4, see section 98.

required places, for part 8, division 2, see section 84.

risk means the risk, measured in terms of consequences and likelihood, of harm to a person, property or the environment arising out of a hazard.

risk assessment process, for part 5, division 4, see section 59.

safety and health census, for part 10A, see section 146C(1).

safety and health fee see section 146B(1).

safety data sheet see the Work Health and Safety Regulation 2011, schedule 19.

safety fuse or igniter means a safety fuse, signal tube, igniter cord, igniter cord connector or fuse igniter, within the meaning of AS 2187, part 0.

safety management system means a safety management system required under section 42.

safety requirements, for a fireworks display, means the requirements under section 136.

sch 4 explosive, for part 8, see section 81.

secure container, for part 8, division 2, see section 84.

secured area, for part 8, division 2, see section 84.

security sensitive ammonium nitrates means—

(a)ammonium nitrate; or

(b)a solid substance that—

(i)consists of a mixture of ammonium nitrate and another substance if the mixture contains more than 45% ammonium nitrate by mass; and

(ii)is not classified as a class 1 explosive.

security sensitive explosive means—

(a)a blasting explosive; or

(b)a propellant powder; or

(c)a firework other than an unrestricted firework; or

(d)a pyrotechnic substance used in a firework; or

(e)security sensitive ammonium nitrates.

site senior executive, for part 10, division 2, see section 122.

small arms ammunition means ammunition for a firearm as follows including primers (cap type) used for reloading the ammunition—

(a)a shotgun;

(b)another firearm with a calibre of not more than 25.4mm.

sources of ignition has the meaning given under AS 2187, part 0.

storage facility, for a licence to store explosives or a permit to store explosives, means a magazine or other place where explosives may be stored under the authority.

supply—

(a)means supply in trade or commerce or under an agreement; and

(b)includes barter, give or swap.

trial, for part 2, see section 11.

underground mine, for part 10, division 2, see section 122.

underground mine manager, of an underground mine, for part 10, division 2, see section 122.

UN model regulations means the 17th revised edition of the ‘Recommendations on the transport of dangerous goods—model regulations’, published by the United Nations, New York and Geneva, 2011.

Editor’s note—

At the commencement of this definition, the UN model regulations could be accessed on the United Nations Economic Commission for Europe’s website.

unrestricted firework means a firework mentioned in schedule 6.

UN tests and criteria means the fifth revised edition of the ‘Recommendations on the transport of dangerous goods—Manual of tests and criteria’ (2010) published by the United Nations.

use an explosive includes prepare the explosive for use.

Example—

assemble an explosive with 1 or more other explosives for initiation