Explosives Regulation 2017 (Qld)

Explosives Regulation 2017

Part 1    Preliminary

1   Short title

This regulation may be cited as the Explosives Regulation 2017.

2   Commencement

This regulation commences on 1 September 2017.

3   Definitions

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

4   References to classifying 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 explosive to a class, division and compatibility group under the UN model regulations; or

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

(b)for an explosive to which the UN model regulations do not apply—

(i)classifying the explosive as an explosive too dangerous to transport; or

(ii)classifying the explosive as non-dangerous goods.

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 of distress signals 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 nitrate.

(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, 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 of an ingredient 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.

7A   [Expired]

8   Entities exempt from particular provisions of Act

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

(a)a police officer, special constable or police recruit of the Queensland Police Service who is acting in the course of the person’s official duties;

(b)a person mentioned in paragraph (a) who is not on duty as a member of the Queensland Police Service, in relation to the possession of—

(i)small arms ammunition; or

(ii)an explosive that is an exhibit in a court proceeding;

(c)an officer of another State’s police service who is acting in the course of the officer’s official duties in Queensland for the Queensland Police Service;

(d)a corrective services officer who is acting in the course of the officer’s official duties.

(2)However, subsection (1)(b) applies only if the person is acting in accordance with any directions of the commissioner of the police service given in relation to the off-duty possession of ammunition or an explosive that is an exhibit.

(3)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.

(4)In this section—

police recruit see the Police Service Administration Act 1990, schedule 2.

special constable see the Police Service Administration Act 1990, schedule 2.

8AA    Exemptions for Queensland Police Service relating to security clearances—Act, s 7

(1)This section prescribes exemptions for section 7 of the Act.

(2)Despite section 15A(2) of the Act, the Queensland Police Service is an appropriate person to hold, or to continue to hold, a security sensitive authority even if an employee of the Queensland Police Service—

(a)has or will have unsupervised access to an explosive in the course of the employee’s employment; and

(b)does not hold a security clearance.

(3)Despite section 33(1)(b) of the Act, the Queensland Police Service may allow an employee of the Queensland Police Service to have access to an explosive—

(a)even if the employee does not hold a security clearance; and

(b)even if the access is not in the presence, and under the direct supervision, of a person who holds a security clearance.

(4)To remove any doubt, it is declared that Queensland Police Service must not allow an employee of the Queensland Police Service to have access to an explosive unless—

(a)the employee is the age prescribed by section 18A; and

(b)the access is within the course of the employee’s employment.

8AB    Exemptions for government entities and Commonwealth entities relating to security clearances—Act, s 7

(1)This section prescribes exemptions for section 7 of the Act.

(2)Despite section 15(4)(b)(iii) of the Act, the chief inspector, in deciding whether a government entity or a Commonwealth entity is an appropriate person, is not required to consider whether an executive officer of the government entity or the Commonwealth entity would be considered to be an appropriate person under section 15 of the Act.

(3)Despite section 17(2)(c) of the Act, the chief inspector may issue a security sensitive authority to a government entity or a Commonwealth entity even if each executive officer of the government entity or the Commonwealth entity does not hold a security clearance.

(4)Despite section 23(1)(k) of the Act, the expiry, cancellation, suspension or surrender of a security clearance held by an executive officer of a government entity or a Commonwealth entity is not a ground for suspending or cancelling an authority held by the government entity or the Commonwealth entity.

8A   Security sensitive explosives—Act, sch 2

(1)For schedule 2 of the Act, definition security sensitive explosive, paragraph (c), an unrestricted firework is prescribed.

(2)For schedule 2 of the Act, definition security sensitive explosive, paragraph (f), the following explosives are prescribed—

(a)security sensitive ammonium nitrate;

(b)small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition that is permitted to be used by the holder of a licence to use explosives mentioned in schedule 1, part 1, item 1, paragraph (c).

Note—

The effect of paragraph (b) is that a licence to use explosives mentioned in paragraph (b) is a security sensitive authority in relation to which the holder is required to hold a security clearance. See section 2A, and schedule 2, definition security sensitive authority, of the Act.

9   Alternative safety and security measures

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

(a)an Australian Standard;

(b)a code of practice;

(c)a provision of this regulation.

(2)The person may use systems, methods or procedures (alternative safety and security measures) that do not comply with the stated provision if—

(a)the alternative safety and security 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 and security measures in writing.

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

(4)The inspector may, if the inspector reasonably suspects the alternative safety and security measures do not achieve the required level of risk, give the person a remedial action notice under section 102 of the Act.

(5)The notice must state, in addition to the matters mentioned in section 102(3) of the Act, that the alternative safety and security measures do not achieve the required level of risk.

10   Inconsistency with Australian Standards, codes of practice etc.

(1)This section applies if there is an inconsistency between this regulation and any of the following documents—

(a)an Australian Standard mentioned in this regulation;

(b)a code of practice mentioned in this regulation;

(c)the UN model regulations;

(d)the UN tests and criteria.

(2)This regulation prevails to the extent of the inconsistency.

Part 2    Authorised explosives, prohibited explosives and explosives trial approvals

Division 1 Preliminary

11   Definitions for part

In this part—

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

(a)a description of the explosive, including—

(i)the name of the explosive; and

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

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

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

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

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

(c)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;

(d)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)any classification code for the explosive decided by the Commonwealth, another State or a foreign country;

(e)details of the manufacture of the explosive, including—

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

(ii)the country in which the explosive has been manufactured by the manufacturer; and

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

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

(f)if the explosive is packaged, details of the packaging, including—

(i)markings on the package; and

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

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

(g)a safety data sheet for the explosive;

(h)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 an unauthorised explosive or prohibited explosive will be manufactured, possessed, sold, stored, transported or used.

Division 2 Authorised explosives

12   Classification of authorised explosives—Act, s 8

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

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

(i)according to the explosive’s class, division and compatibility group under the UN model regulations; or

(ii)according to the explosive’s class, division and packing group under the UN model regulations; or

(b)for an explosive to which the UN model regulations do not apply—

(i)if the explosive is mentioned in the Australian explosives code, appendix 9—as an explosive too dangerous to transport; or

(ii)if the explosive is a substance declared to be an explosive under section 6—as non-dangerous goods.

13   Request for declaration of authorised explosive

(1)A person may ask the chief inspector to declare an explosive to be an authorised explosive.

(2)The request must—

(a)be in the approved form; and

(b)include or be accompanied by the prescribed information; and

(c)be accompanied by the fee stated in schedule 2, part 1 for the request.

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

(4)Without limiting subsection (3), the chief inspector may ask the person to give a sample of the explosive.

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

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

14   Advice of chief inspector’s decision

(1)This section applies if the chief inspector receives a request under section 13 that the chief inspector declare an explosive to be an authorised explosive.

(2)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 declaration; or

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

Division 3 Prohibited explosives

15   Declaration of prohibited explosive—Act, s 10

For section 10 of the Act, an explosive mentioned 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—

(a)be in the approved form; and

(b)include or be accompanied by as much of the prescribed information for the application as the applicant can reasonably obtain; and

(c)be accompanied by the fee stated in schedule 2, part 1 for the application.

(3)The approved form must provide for the inclusion of the following information—

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

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

(c)where the trial will be carried out;

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

(e)the name of the person who will supervise the trial.

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

(5)Without limiting subsection (4), the chief inspector may ask the person to give a sample of an explosive that will be used for the trial.

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

(7)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 must deal with application

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

(a)issue the approval with—

(i)the conditions stated in section 18; and

(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 explosives trial 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 for the decision.

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

18   Conditions of explosives trial approval

(1)An explosives trial approval is subject to 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 of the approval must ensure the trial is carried out in accordance in all material respects with the information given to the chief inspector with the application for the approval;

(c)the holder of the approval must give the chief inspector a written report about the trial 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 of the approval proposes to take in relation to the explosive.

Part 2A    Obligations of employers generally

18A   Age of employees—Act, s 33

(1)For section 33(1)(a) of the Act, the following ages are prescribed—

(a)for an employee who is employed to drive a vehicle that is transporting explosives—21 years or more;

(b)otherwise—18 years or more.

(2)This section does not apply in relation to an employee who is employed to work at a mine.

Part 2B    [Repealed]

Part 3    Authorities and security clearances

Division 1AA Security clearances

18B   Notification requirements for security clearance holders

(1)This section applies if any of the following events (each a notifiable event) happens during the term of a security clearance—

(a)the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence;

(b)the holder of the security clearance is named as the respondent in a domestic violence order or police protection notice;

(c)release conditions are imposed on the holder of the security clearance under the Domestic and Family Violence Protection Act 2012, section 125;

(d)the holder of the security clearance becomes aware of another change in circumstances that affects the holder’s suitability to continue to hold the security clearance;

Example for paragraph (d)—

a change in the holder’s mental health

(e)the name or address of the holder of the security clearance changes.

(2)The holder of the security clearance must, as soon as practicable after the holder becomes aware the notifiable event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse.

Maximum penalty—

(a)for a notifiable event mentioned in subsection (1)(d)—50 penalty units; or

(b)for a notifiable event mentioned in subsection (1)(e)—20 penalty units; or

(c)otherwise—200 penalty units.

18C   Persons to be notified if security clearance suspended, cancelled or surrendered

(1)If a security clearance is suspended, the holder of the security clearance must, as soon as practicable after becoming aware of the suspension, take all reasonable steps to give notice of the suspension to each notifiable person for the holder, unless the holder has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If a security clearance is cancelled, the former holder of the security clearance must, as soon as practicable after becoming aware of the cancellation, take all reasonable steps to give notice of the cancellation to each notifiable person for the former holder, unless the former holder has a reasonable excuse.

Maximum penalty—200 penalty units.

(3)If a security clearance is surrendered, the former holder of the security clearance must, as soon as practicable after the surrender takes effect, take all reasonable steps to give notice of the surrender to each notifiable person for the former holder, unless the former holder has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)In this section—

notifiable person, for the holder or former holder of a security clearance, means—

(a)if the holder or former holder is an employee of an employer who holds a security sensitive authority—the employer; or

(b)if the holder or former holder is a responsible person for a listed corporation that holds a security sensitive authority—each executive officer of the corporation; or

(c)if the holder or former holder is an executive officer of a corporation, other than a listed corporation, that holds a security sensitive authority—each other executive officer of the corporation; or

(d)if the holder or former holder is a partner in a partnership that holds a security sensitive authority—each other partner.

18D   Fees for security clearance

The fees payable under the Act for a security clearance are stated in schedule 2, part 1.

Division 1 Types of authorities and related matters

19   Authorities that may be issued—Act, s 13

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

•explosives driver licence

•licence to use explosives

•shotfirer licence

•fireworks contractor licence

•fireworks operator licence

•licence to collect ammunition.

20   Term of authority—Act, s 19

For section 19(1) 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.

21   Fees for authority

The fees payable under the Act for an authority are stated in schedule 2, part 1.

22   [Repealed]

23   Refund of fee if licence surrendered

(1)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.

(2)For subsection (1), the amount that may be refunded is the licence fee for each whole year of the unexpired term of the licence.

23A   Occupational authorities—Act, sch 2

For schedule 2 of the Act, definition occupational authority, each of the following authorities is prescribed—

(a)an explosives driver licence;

(b)a fireworks operator licence;

(c)a shotfirer licence;

(d)a licence to use explosives;

(e)a licence to collect ammunition.

Division 2 Matters authorised by authorities

24   Application of division

(1)For section 13 of the Act, this division prescribes the matters authorised by each type of authority.

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

25   Licence to import explosives and licence to export explosives

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

26   Permit to import explosives and permit to export explosives

(1)A permit to import explosives authorises the holder of the permit 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 permit 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 permit to export explosives does not authorise the holder of the permit to purchase or sell explosives.

27   Licence to manufacture explosives

A licence to manufacture explosives authorises the holder of the licence 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 explosives stated in the licence; and

(d)purchase explosives used in the manufacture of the explosives 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 explosives manufactured under the licence, or used in the manufacture of the explosives stated in the licence, in the mobile manufacturing unit.

28   Licence to sell explosives

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

(a)sell, at a 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 them 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.

29   Licence to store explosives

A licence to store explosives authorises the holder of the licence 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.

30   Permit to store explosives

A permit to store explosives authorises the holder of the permit 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 the period stated in the permit, for the purpose of storing them under the permit.

31   Licence to transport explosives

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

(a)operate a business of transporting the explosives stated in the licence in the way stated in the licence; and

(b)possess the explosives for the purpose of operating a business of transporting the explosives under the licence.

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

31A   Explosives driver licence

An explosives driver licence authorises the holder of the licence to transport explosives by driving a vehicle that, under a licence to transport explosives, is a vehicle in which explosives of that class may be transported.

32   Licence to use explosives

A licence to use explosives authorises the holder of the licence 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.

33   Shotfirer licence

(1)A shotfirer licence authorises the holder of the licence 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 blasting 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, a shotfirer licence authorises the holder of the licence to do a thing mentioned in subsection (1)(a), (c) or (e) only if the holder has a current competency assessment in relation to the doing of the thing.

(3)In this section—

current competency assessment, in relation to the doing of a thing mentioned in subsection (1)(a), (c) or (e) by the holder of a shotfirer licence, means an assessment by a registered training organisation—

(a)that the holder has attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and

(b)that was performed within 5 years before the day the thing is done.

34   Fireworks contractor licence

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

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

35   Fireworks operator licence

(1)A fireworks operator licence authorises the holder of the licence 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)A fireworks operator licence does not authorise the holder of the licence to purchase fireworks.

36   Licence to collect ammunition

A licence to collect ammunition authorises the holder of the licence 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 and possess collectors’ ammunition; and

(d)store and transport collectors’ ammunition as required under parts 8 and 9.

Division 3 Appropriate persons for issue of authorities

36A   Explosives driver licence

(1)A person is an appropriate person for the issue of an explosives driver licence if—

(a)the person—

(i)is 21 years or more; and

(ii)holds a valid driver licence; and

(iii)has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the transporting of explosives contained in an industry training package; and

(b)the chief inspector is reasonably satisfied the person—

(i)is physically able to drive a vehicle transporting explosives; and

(ii)is suitable having regard to the person’s driving history; and

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

(2)In this section—

valid, in relation to a driver licence, means—

(a)the licence has not expired; and

(b)the licence has not been cancelled or suspended; and

(c)the person is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.

37   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 for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and

(d)has satisfactory knowledge of the following matters—

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

(ii)the hazards associated with each type of blasting explosive stated in the licence, its blasting characteristics, and the procedures and methods for safely and securely handling the explosive;

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

(e)is proficient in 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 a shotfirer licence.

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

38   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 or employee 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 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in organising fireworks displays contained in an industry training package; or

(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 take a written, oral or practical examination.

(3)In this section—

equivalent authority means a licence issued under the law of another State authorising the person to use fireworks.

39   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 a fireworks display; and

(c)either—

(i)has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of fireworks in fireworks displays contained in an industry training package; or

(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 the following matters—

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

(ii)the hazards associated with each type of firework stated in the licence, and the procedures and methods for safely and securely handling the firework;

(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)(ii) and (d), the chief inspector may require the person to take a written, oral or practical examination.

40   Other authorities

(1)A person is an appropriate person for the issue of an authority, other than an authority mentioned in sections 36A to 39, 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 take a written, oral or practical examination.

Division 4 Applications for licences to transport explosives

41   Additional requirement for applicant for licence

(1)This section applies in relation to an applicant for a licence to transport explosives.

(2)The chief inspector may, by notice given to the applicant, ask the applicant to produce written evidence that a vehicle the applicant proposes to use to transport a category 2 load, a category 3 load or a placard load under the licence, if granted, is covered by a policy of insurance, or other form of indemnity, described in section 144.

(3)The applicant is taken to have withdrawn the application if the applicant fails to produce the evidence requested within 14 days after the day the notice is given.

Division 5 General provisions for authority holders

42   Employee of particular authority holder taken to be holder of authority

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

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

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

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

(3)In this section—

prescribed authority means any of the following—

(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 shotfirer licence;

(j)a fireworks contractor licence;

(k)a fireworks operator licence;

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

43   Notification requirements for all authority holders

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

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

Example for paragraph (a)—

a change in the holder’s physical health

(b)if the holder of the authority is an individual—

(i)the holder’s name changes; or

(ii)the holder’s address changes; or

(iii)the holder becomes an insolvent under administration;

(c)if the holder of the authority is a corporation—

(i)there is a change to the corporation’s executive officers; or

(ii)the corporation becomes an externally administered corporation;

(d)if the holder of the authority is a corporation other than a listed corporation—there is a change to the corporation’s shareholders;

(e)if the authority is not a security sensitive authority or the holder of the authority is a corporation—the holder is, in Queensland or elsewhere, convicted of or charged with an offence involving a prescribed activity.

(2)The holder of the authority must, as soon as practicable after the holder becomes aware the prescribed event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse.

Maximum penalty—

(a)for a prescribed event mentioned in subsection (1)(b)(i) or (ii)—20 penalty units; or

(b)otherwise—200 penalty units.

(3)In this section—

externally administered corporation means a Chapter 5 body corporate within the meaning of the Corporations Act, section 9.

43A   Notification requirements for holders of security sensitive authorities

(1)This section applies if any of the following events (each a prescribed event) happens during the term of a security sensitive authority—

(a)if the holder of the authority is a listed corporation—

(i)the responsible person for the corporation stops being employed or engaged by the corporation; or

(ii)the responsible person for the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or

(iii)the responsible person for the corporation is named as the respondent in a domestic violence order or police protection notice; or

(iv)release conditions are imposed on the responsible person for the corporation under the Domestic and Family Violence Protection Act 2012, section 125;

(b)if the holder of the authority is a corporation other than a listed corporation—

(i)an executive officer of the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or

(ii)an executive officer of the corporation is named as the respondent in a domestic violence order or police protection notice; or

(iii)release conditions are imposed on an executive officer of the corporation under the Domestic and Family Violence Protection Act 2012, section 125.

(2)The holder of the security sensitive authority must, as soon as practicable after the holder becomes aware the prescribed event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse.

Maximum penalty—200 penalty units.

44   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 things—

(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 the thing, give the chief inspector notice of the proposal unless the holder has a reasonable excuse.

Maximum penalty—50 penalty units.

(3)In this section—

new equipment or vehicles, in relation to a prescribed authority, means equipment or vehicles not proposed to be used in connection with carrying out activities under the authority when the holder applied for the authority.

prescribed authority means any of the following—

(a)a licence to manufacture explosives;

(b)a licence to store explosives;

(c)a licence to transport explosives.

45   Record keeping relating to disposal of explosives

(1)This section applies if, during the term of a prescribed authority, the holder of the authority disposes of an explosive.

(2)The holder must make a record under subsection (3) of each explosive disposed of under the prescribed authority.

Maximum penalty—100 penalty units.

(3)The record must include—

(a)the amount and type of explosive disposed of; and

(b)the date of disposal; and

(c)details of where the explosive was disposed of.

(4)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.

Division 5A Safety and security requirements

46   Definitions for division

In this division—

emergency event includes the following—

(a)an explosion;

(b)a fire;

(c)a security breach at a place at which an activity is carried out under a prescribed authority;

(d)an event that requires a response to a security threat;

Examples of an event for paragraph (d)—

a security lockdown or an attack relating to national security

(e)a flood;

(f)a cyclone.

national counter terrorism alert level means the current level of alert for Australia of a terrorist act being carried out as published by the Commonwealth Government.

prescribed authority means the following—

(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.

safety and security management system means a document that sets out a system that incorporates risk management elements and practices to—

(a)protect the safety and health of persons who may be affected by activities carried out under a prescribed authority; and

(b)ensure explosives handled under the authority are kept securely so that the explosives cannot be accessed by persons who should not have access.

46A   Requirement for safety and security 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 of the authority must have and give effect to a safety and security management system that complies with subsections (3) and (4).

Maximum penalty—100 penalty units.

(3)For subsection (2), the safety and security management system is to relate to—

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

Examples of a place for paragraph (a)—

•an explosives factory

•premises where explosives are stored

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

Examples of an activity for paragraph (b)—

•blasting activities carried out under a prescribed authority at various locations

•transporting explosives

(4)The safety and security management system must include the following—

(a)a description of the holder’s safety and security 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 applies to the place or activity to which the system applies;

(e)a security plan that complies with section 46C;

(f)an emergency response plan to manage risk to the safety and health of persons and the security of explosives in an emergency event;

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

46B   Safety and security requirements under other legislation

To remove any doubt, it is declared that the safety and security management system may be part of a safety and security management system (however called) required under another Act.

Example—

The safety and security 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.

46C   Contents of security plan

A security plan must—

(a)identify security risks for explosives that may affect an individual, property and information kept by the holder of a prescribed authority about explosives; and

(b)adopt processes that deal with identified security risks for explosives activities, that ensure—

(i)the explosives are kept securely; and

(ii)records are kept that are sufficient to allow the inspector to assess whether the plan has been complied with; and

(iii)methods are used that identify when explosives have been accessed and identify access to explosives by a person who should not have access to explosives; and

(iv)the chain of possession of the explosives can be traced from the holder of the authority to the holder of another prescribed authority; and

(v)the explosives are delivered to a person authorised in the security plan to have access to the explosives and to receive the explosives; and

(vi)records are kept that identify the persons who, in the scope of their employment, are allowed unsupervised access to explosives.

46D   Requirement to review security plan

The holder of the prescribed authority must review the security plan—

(a)annually; and

(b)if any of the following happens—

(i)a change in the national counter terrorism alert level or level of risk;

(ii)there is a loss of explosives;

(iii)there is unauthorised entry, or attempted unauthorised entry, to the place where the explosives are stored;

(iv)an explosives stock discrepancy cannot be reconciled with records kept by the holder;

(v)an explosive has been stolen;

(vi)an explosive has been fraudulently obtained;

(vii)an explosive or an explosive facility has been intentionally damaged;

(viii)information kept by the holder in relation to explosives has been lost or stolen;

(ix)an explosive has been accessed by a person who should not have access to the explosive;

(x)an explosive has been sold and has not been delivered by the expected delivery day.

Maximum penalty—100 penalty units.

Division 6 Applications for renewal of particular authorities

47   Information that must accompany application

(1)This section applies to an application to renew—

(a)a licence to use explosives; or

(b)a shotfirer licence; or

(c)a fireworks operator licence.

(2)The application must be accompanied by a record of the explosives used under the licence by the holder of the licence during the term of the licence.

Division 7 Register of authorities and security clearances

47A   Register to be kept by chief inspector

(1)The chief inspector must keep a register of—

(a)each authority issued by the chief inspector; and

(b)each security clearance given by the chief inspector.

(2)The register must include the following information for each authority or security clearance—

(a)the name and contact details of the holder of the authority or security clearance;

(b)details of the authority or security clearance;

(c)the day the authority or security clearance expires;

(d)the status of the authority or security clearance, including, if it has been suspended, cancelled or surrendered, details of the suspension, cancellation or surrender;

(e)any other information the chief inspector considers appropriate for inclusion in the register.

(3)The chief inspector may disclose information in the register, other than the following information, to any person—

(a)the contact details of an individual;

(b)the circumstances surrounding the suspension, cancellation or surrender of an authority or security clearance.

(4)The chief inspector may publish information in the register, other than the information mentioned in subsection (3)(a) or (b), in the way the chief inspector considers appropriate.

Example for subsection (4)—

The chief inspector may publish information in the register on the internet in the form of a database that allows any person to obtain details about the holder of an authority or security clearance to check the validity of the holder’s authority or security clearance.

Part 4    Possessing explosives

48   Explosives to which s 34(1) 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;

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

(h)an explosive manufactured as mentioned in section 38(2)(a) of the Actthat is possessed by the person who manufactured the explosive;

(i)an explosive stored at a government magazine;

(j)an explosive possessed by a person who is transporting the explosive and 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 is stored in a secured area at a laboratory at an industrial facility, educational institution or research facility for use at the laboratory and is not more than—

(i)if the explosive is security sensitive ammonium nitrate—3kg; or

(ii)if the explosive is other than security sensitive ammonium nitrate—100g.

(2)In this section—

corresponding law see section 50(6) of the Act.

secured area see section 97.

49   Children prohibited from possessing particular explosives

(1)A person must not possess an explosive mentioned in section 48(1) unless the person is an adult.

Maximum penalty—20 penalty units.

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

(a)an unrestricted firework;

(b)a distress signal on board a vehicle;

(c)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.

50   Possession and initiation of particular explosives in public place 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 Exemptions

51   Explosives exempt from s 36 of Act

(1)An explosive is exempt from section 36 of the Actif 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)Also, small arms ammunition is exempt from section 36 of the Actif the ammunition is sent out of the State, or brought into the State—

(a)by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition; and

(b)only for the person’s personal use for sports or target shooting or recreational shooting.

(3)In this section—

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

52   Explosives exempt from s 37 of Act

An explosive is exempt from section 37 of the Actif the explosive is collectors’ ammunition.

Division 2 Requirements for holders of licences to import explosives and licences to export explosives

53   Definition for division

In this division—

relevant licence means—

(a)a licence to import explosives; or

(b)a licence to export explosives.

54   Condition of explosives

The holder of a relevant licence must not bring an import explosive into the State from another country, or send an export explosive from the State to another country, unless—

(a)the holder is reasonably satisfied the explosive is in a safe and secure condition for transport; 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.

55   Ensuring explosive complies with notice under s 37 of Act

(1)This section applies to the holder of a relevant licence who is required under section 37 of the Actto give the chief inspector notice for an import explosive brought into the State or an export explosive sent to another country.

(2)The holder must ensure the explosive complies in all material respects with the details stated in the notice.

Maximum penalty—50 penalty units.

56   Record keeping

(1)The holder of a relevant licence must keep a record under subsection (2) 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.

Maximum penalty—50 penalty units.

(2)The record must include 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.

57   Ensuring particular persons are aware of obligations

The holder of a relevant licence 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.

58   Making explosive available for inspection

The holder of a relevant licence must, on the request of an inspector, make an explosive brought into the State, or proposed to be 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.

59   Handling of explosive at port

The holder of a relevant licence 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 permits to import explosives and permits to export explosives

60   Definition for division

In this division—

relevant permit means—

(a)a permit to import explosives; or

(b)a permit to export explosives.

61   Ensuring particular persons are aware of obligations

The holder of a relevant permit 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.

62   Making explosive available for inspection

The holder of a relevant permit must, on the request of an inspector, make an explosive brought into the State, or proposed to be 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 port

63   Application of division

This division applies in relation 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.

64   Definitions for division

In this division—

explosives limit see section 66(a).

explosives limits document see section 66.

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

65   Requirements for handling explosives at port

(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 and security measures for the standard.

Maximum penalty—100 penalty units.

(2)In this section—

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

66   Port authority or port operator to prepare explosives limits document

The port authority or port operator responsible for a port may prepare, and give the chief inspector for approval, a written document (an explosives limits document) for the port 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 and securely at a berth within the port at one time; and

(b)details of the risk assessment process used.

67   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, decide to—

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

(b)refuse to approve the explosives limits for the port stated in the document.

(2)If the chief inspector decides to approve the explosives limits stated in the explosives limits document, the chief inspector must, as soon as practicable after making the decision, give the port authority or port operator—

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

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

68   Changing approved explosives limits

(1)This section applies to the port authority or port operator responsible for a port for which explosives limits have been approved by the chief inspector under section 67.

(2)The port authority or port operator may prepare, and give 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 new explosives limits document under section 67.

69   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 decide to 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 responsible for the port an information notice for the decision.

(4)Interim explosives limits for a port may be changed by the approval, under section 67, of explosives limits for the port.

Part 6    Manufacturing explosives

Division 1 Prescribed matters

70   [Repealed]

71   Prescribed explosives and conditions—Act, s 38

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

(a)an explosive that—

(i)consists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting; and

(ii)may include a dye colouring agent;

(b)a pyrotechnic substance.

(2)For section 38(3) of the Act, each of the following conditions is prescribed—

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

(b)for an explosive mentioned in subsection (1)(a)—the explosive must be manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard;

(c)for a pyrotechnic substance—

(i)the 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 substance.

Division 2 Requirements for holders of licences to manufacture explosives

72   Definition for division

In this division—

relevant licence means a licence to manufacture explosives.

73   Manufacturing explosives

The holder of a relevant licence 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 and security 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 and security 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 and security measures for the code.

Maximum penalty—50 penalty units.

74   Storing explosives manufactured

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

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

(b)enables missing explosives to be identified.

Maximum penalty—50 penalty units.

75   Signage at explosives factory

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

(2)The 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.

76   Persons to whom explosives may be supplied

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

Maximum penalty—100 penalty units.

77   Documents to be kept

The holder of a relevant licence 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 at explosives factories

78   Definition for division

In this division—

relevant holder, in relation to an explosives factory, means the holder of a licence to manufacture explosives in which the factory is stated as a place where explosives may be manufactured under the licence.

79   Person must comply with instructions and procedures

A person at an explosives factory must comply with—

(a)the lawful instructions of the relevant holder; and

(b)the procedures under the relevant holder’s safety and security management system for the factory to the extent the procedures apply to the person.

Maximum penalty—50 penalty units.

80   Person must report particular matters

(1)This section applies if a person at an explosives factory becomes aware of any of the following matters—

(a)a dangerous situation at the factory that involves an imminent risk of death or injury to a person;

(b)a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 79;

(c)an explosives incident happening at the factory.

(2)Immediately after becoming aware of the matter, the person must report the matter to the relevant holder, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

81   Prohibited conduct

A person at an explosives factory must not, without reasonable excuse—

(a)wilfully remove, obscure or interfere with—

(i)a sign, notice or other written information about safely and securely handling explosives displayed or made available at the factory by the relevant holder; or

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

(b)act in a wilful or careless way that injures, or has the potential to injure, a person at the factory; or

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

Maximum penalty—50 penalty units.

Part 7    Selling explosives

82   Explosives exempt from s 41 of Act

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

(a)an unrestricted firework;

(b)a distress signal;

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

(d)a power device cartridge;

(e)small arms ammunition sold by a person who holds a dealer’s licence under the Weapons Act 1990 if the person sells the ammunition at a place approved under the person’s licence;

(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 the 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 a fireworks operator who is employed by the fireworks contractor for a fireworks display to use the firework in the fireworks display that is organised by the contractor for the display host for the display

(g)an explosive sold by the chief inspector under section 125;

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

83   Persons to whom explosives may be sold

For section 42(d) of the Act, each of the following persons is authorised as a person to whom an explosive may be sold—

(a)for an explosive mentioned in section 82(a) to (d)—any person;

(b)for small arms ammunition—

(i)a prescribed ammunition collector; or

(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;

(f)an inspector to whom a direction has been given by the chief inspector under section 105B of the Actto purchase the explosive.

84   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 must not sell an explosive unless—

(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 and 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.

85   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 in relation to an explosive mentioned in section 82(a) to (e).

86   [Repealed]

87   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 another person 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)For subsection (1)(b), the circumstances that could reasonably give rise to a suspicion mentioned in that subsection 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.

88   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 a person (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 42(1)(a) (also the new client) if the seller has not previously sold a security sensitive explosive to the new client’s employer.

(2)The seller must not sell or supply the explosive to the new client unless subsections (3) to (6) 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 42(1)(a)—

(A)written evidence of the matters mentioned in section 42(1)(a); 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 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 details for each document obtained under paragraph (b)(i)—

(A)a description of its nature or type;

Example—

‘driver 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 appears to match 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.

(8)This section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Actto purchase the explosives.

89   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 another person (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 42(1)(a) (also the client) if the seller has previously sold a security sensitive explosive to the client’s employer.

(2)The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 88(2) for the client, as a new client under that section.

Maximum penalty—200 penalty units.

(3)Also, if any of the following circumstances applies, the seller must not sell or supply the explosive to the client unless subsections (4) to (6) have been complied with—

(a)the client’s licence mentioned in section 88(3)(b)(ii) expires;

(b)the chief inspector gives the seller a notice that the client’s licence mentioned in section 88(3)(b)(ii) has been cancelled or suspended;

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

(d)the client’s licence mentioned in section 88(3)(b)(ii) has been renewed since the seller previously sold the client explosives.

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 88(3)(c) to include details of 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 obtained under section 88(3)(a)(iv) for the client, as a new client under that section.

(8)This section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Actto purchase the explosives.

90   Requirements for holder of licence to sell explosives

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

(a)make a record under subsection (2) 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)The record must include 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 explosive was given to the purchaser.

(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, 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 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 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 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 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 under the Act or this regulation, but is defined under AS 2187, part 0, has the meaning given to it under the standard.

Schedule 2 Fees

sections 13, 16, 18D, 21, 178 and 181

Part 1    Fees for security clearance, authority, approval and declaration

Fee units
Security clearances
1	Application for security clearance	203.40
2	Application for renewal of security clearance	162.70
3	Copy of security clearance	47.30
Authorities
4	Licence to import explosives or licence to export explosives—for each year of the term of the licence—
(a)  for blasting explosives	759.00
(b)  for propellant powders and ammunition	504.00
(c)  for fireworks	371.30
(d)  for distress signals	113.50
(e)  for an explosive not mentioned in any of paragraphs (a) to (d)	371.30
5	Licence to manufacture explosives—for each year of the term of the licence—
(a)  for an explosives factory other than a mobile manufacturing unit	470.20
(b)  for a mobile manufacturing unit	216.30
(c)  for manufacture of explosives at a place that is not an explosives factory	109.00
6	Licence to sell explosives—for each year of the term of the licence—
(a)  for blasting explosives	91.75
(b)  for propellant powders	91.75
(c)  for fireworks	91.75
(d)  for ammunition	16.95
(e)  for an explosive not mentioned in any of paragraphs (a) to (d)	91.75
7	Licence to store explosives—for each year of the term of the licence—
(a)  for blasting explosives up to 100kg	120.30
(b)  for blasting explosives greater than 100kg	470.20
(c)  for propellant powders up to 100kg	45.20
(d)  for propellant powders greater than 100kg but not greater than 250kg	120.30
(e)  for propellant powders greater than 250kg	470.20
(f)  for fireworks up to 100kg (gross weight)	45.20
(g)  for fireworks greater than 100kg (gross weight)	470.20
(h)  for an explosive not mentioned in any of paragraphs (a) to (g), up to 100kg	45.20
(i)  for an explosive not mentioned in any of paragraphs (a) to (g), greater than 100kg	470.20
8	Licence to transport explosives—for each year of the term of the licence	120.30
9	Explosives driver licence—for each year of the term of the licence	65.05
10	Licence to use explosives—for each year of the term of the licence	65.05
11	Shotfirer licence—for each year of the term of the licence	65.05
12	Fireworks contractor licence—for each year of the term of the licence	432.30
13	Fireworks operator licence—for each year of the term of the licence	138.00
14	Licence to collect ammunition—for each year of the term of the licence	16.95
15	An authority not mentioned in any of items 1 to 14	nil
16	Amendment of an authority	nil
17	Transfer of licence	47.30
18	Copy of licence or permit	47.30
Approval
19	Application for explosives trial approval (s 16(2)(c))	nil
Declaration
20	Request for declaration that explosive is an authorised explosive (s 13(2)(c))	155.60

Part 2    Safety and health fees

Fee units
1	Safety and health fee, for an authority, for a reporting period that is a quarter (s 178(2))—
(a)  if the number of explosives workers working under the authority during the quarter is 5 or fewer	nil
(b)  if the number of explosives workers working under the authority during the quarter is more than 5 but not more than 10—for each explosives worker working under the authority during the quarter	32.00
(c)  if the number of explosives workers working under the authority during the quarter is more than 10 but not more than 19—for each explosives worker working under the authority during the quarter	128.00
(d)  if the number of explosives workers working under the authority during the quarter is more than 19 but not more than 99—for each explosives worker working under the authority during the quarter	239.75
(e)  if the number of explosives workers working under the authority during the quarter is more than 99—for each explosives worker working under the authority during the quarter	319.75
2	Safety and health fee, for an authority, for a reporting period that is a financial year (s 178(2))—
(a)  if the number of explosives workers working under the authority during the financial year is 5 or fewer	nil
(b)  if the number of explosives workers working under the authority during the financial year is more than 5 but not more than 10—for each explosives worker working under the authority during the financial year	128.00
(c)  if the number of explosives workers working under the authority during the financial year is more than 10 but not more than 19—for each explosives worker working under the authority during the financial year	512.00
(d)  if the number of explosives workers working under the authority during the financial year is more than 19 but not more than 99—for each explosives worker working under the authority during the financial year	959.00
(e)  if the number of explosives workers working under the authority during the financial year is more than 99—for each explosives worker working under the authority during the financial year	1,279.00
3	Fee for late safety and health census (s 181(3))	121.40

Schedule 3 Matters to be included in safety and security management system

section 46A(4)

Part 1    Matters to be provided for in system procedures

   

1Establishing and maintaining an explosives safety and security management system to deal with hazard and risk 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 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 with employees and contractors about safety;

(g)explosives manufactured or stored under the authority;

(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;

(k)disposal of explosives;

(l)alternative safety and security measures used.

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.

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, hard hat, 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 the preparation of 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 Particular explosives exempt from section 44 of the Act

section 94, definition schedule 4 explosive

1Small arms ammunition stored by a person who—

(a)holds a licence under the Weapons Act 1990; or

(b)has been granted an exemption under the Weapons Act 1990, for section 2(1)(m) of that Act.

2Power device cartridges.

3Safety fuses or 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); or

(c)with classification code 1.4S—any amount.

8Fireworks, other than unrestricted fireworks 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)if the powders are stored on a property larger than 2ha—maximum amount 30kg; or

(b)otherwise—maximum amount 15kg.

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)if the explosives are stored on a property larger than 2ha—maximum amount 30kg; or

(b)otherwise—maximum amount 10kg.

Schedule 5 Explosives prescribed for section 50 of the Act

section 135

1Small arms ammunition.

2Power device cartridges.

3Safety fuses or 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; or

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

(c)with classification code 1.4S.

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

10Explosives other than explosives mentioned in item 8—

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

(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 with—

(a)maximum weight 62.5g; and

(b)maximum total impulse of 160 newton seconds.

4Snaps for bon bon crackers.

5Sparklers.

6Starting pistol caps.

7Streamer cones.

8Indoor decorative fountains.

Schedule 7 Dictionary

section 3

account, for part 8, division 4, see section 111.

administrative determination see section 51A(3) of the Act.

alternative safety and security measures see section 9(2).

alternative safety measures ...

ANFO ...

applicant, for part 8, division 4, see section 117(1).

approved explosives limits, for a port, means—

(a)explosives limits approved for the port under section 67; 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 2187.0—1998 (Explosives—Storage, transport and use, Part 0: Terminology).

AS 2187, part 2 means AS 2187.2—2006 (Explosives—Storage and use, Part 2: Use of explosives).

Australian dangerous goods code means the document called ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’, seventh edition, approved by the Australian Transport Council.

Editor’s note—

The Australian dangerous goods code can be accessed on the National Transport Commission’s website.

Australian explosives code means the document called ‘Australian Code for the Transport of Explosives by Road and Rail’, third edition, approved by the Workplace Relations Ministers’ Council.

Editor’s note—

The Australian explosives code can be accessed on Safe Work Australia’s website.

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

Examples of blasting activities—

•agricultural and small-scale blasting

•quarrying and open-cut mining

•tunnelling and underground mining

•submarine blasting

blasting explosive ...

category 2 load means a load of explosives of risk category 2, as defined under the Australian explosives code, table 2.1.

category 3 load means a load of explosives of risk category 3, as defined under the Australian explosives code, table 2.1.

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, for 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 of too dangerous to transport or non-dangerous goods to which the explosive is assigned.

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.

coal mine see the Coal Mining Safety and Health Act 1999, section 9.

collectors’ ammunition means—

(a)small arms ammunition, other than small arms ammunition containing a high explosive; or

(b)other ammunition that does not contain explosives.

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

corrective services officer see the Corrective Services Act 2006, schedule 4.

decision notice see section 145K(2).

display host, for a fireworks display, see section 157.

distress signal—

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

(b)includes a marine flare and signal, landing flare, highway fusee, line-carrying rocket and smoke generator, and a distress signal designed to be placed on a railway track.

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

Examples of electric matches—

electric match heads, squibs, electric fuses

emergency event, for part 3, division 5A, see section 46.

explosives limit, for part 5, division 4, see section 66(a).

explosives limits document, for part 5, division 4, see section 66.

explosives worker means any of the following persons—

(a)an individual who is the holder of an authority;

(b)an individual who is a partner in a partnership that is the holder of an authority;

(c)an employee of, or a contractor engaged by, the holder of an authority;

(d)an employee of a contractor who is engaged by the holder of an authority.

firework ...

fireworks contractor—

(a)generally—means the holder of a fireworks contractor licence; or

(b)for a fireworks display—see section 158.

fireworks display see section 156(1).

fireworks operator—

(a)generally—means the holder of a fireworks operator licence; or

(b)for a fireworks display—see section 159.

handle ...

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.

holder, of an administrative determination, means a person to whom the determination applies.

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 69.

magazine employee, for part 8, division 4, see section 111.

manager, of a government magazine, means the person appointed as the manager of the magazine under section 112.

mine means—

(a)a coal mine; or

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

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

mobile manufacturing code means the document called ‘Code of Practice—Mobile Processing Units’ edition 3 (2014), published by the Australian Explosives Industry and Safety Group Inc.

Editor’s note—

The mobile manufacturing code can be accessed on a Queensland Government website.

mobile manufacturing unit means a mobile unit, including, for example, a mobile processing unit or 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.

national counter terrorism alert level, for part 3, division 5A, see section 46.

notice means written notice.

organise, a fireworks display, see section 160.

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

placard load means a load of explosives that must be placarded under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, section 83.

port see the Transport Infrastructure Act 1994, schedule 6.

port authority see the Transport Infrastructure Act 1994, schedule 6.

port operator see 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, an oxidising agent (including, for example, ammonium nitrate), a fuel and an emulsifier, with or without 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 document called the ‘Code of Practice—storage and handling of UN3375’, fourth edition (2017), published by the Australian Explosives Industry and Safety Group Inc.

prescribed ammunition collector means—

(a)a museum; or

(b)the Returned & Services League of Australia, (Queensland Branch); or

(c)a sub-branch of the Returned & Services League of Australia (Queensland Branch); or

(d)a person who is a member of an association approved by the chief inspector as an approved collectors association under section 176.

prescribed authority, for part 3, division 5A, see section 46.

prescribed information, for a request that an explosive be declared to be an authorised explosive or an application for an explosives trial approval, for part 2, see section 11.

prescribed person, for part 8, division 5, see section 128.

prescribed shotfirer, for part 10, division 2, see section 148.

propellant powder ...

proposed action see section 145J(1).

pyrotechnic substance ...

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

Queensland fireworks code means the document called ‘Queensland code of practice, Control of outdoor fireworks displays’, first edition (2003), published on a Queensland Government website.

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

relevant authority—

(a)for part 8, division 3—see section 104; or

(b)for part 8, division 5—see section 128.

relevant explosive ...

relevant holder, in relation to an explosives factory, for part 6, division 3, see section 78.

relevant licence—

(a)for part 5, division 2—see section 53; or

(b)for part 6, division 2—see section 72.

relevant offence see section 23A(3) of the Act.

relevant permit, for part 5, division 3, see section 60.

relevant person, for payment of a fee charged under section 122, see section 121.

relevant supervisor, in relation to an activity carried out at a government magazine, for part 8, division 4, see section 111.

reporting period, for an authority, for part 12, see section 177.

required places, for part 8, division 2, see section 97.

restricted area ...

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 64.

safety and health census, for part 12, see section 179(1).

safety and health fee, for part 12, see section 178(1).

safety and security management system, for part 3, division 5A, see section 46.

safety and security requirements, for a fireworks display, see section 162.

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

safety fuse or igniter means any of the following within the meaning of AS 2187, part 0—

(a)a safety fuse;

(b)a signal tube;

(c)an igniter cord;

(d)an igniter cord connector;

(e)a fuse igniter.

safety management system ...

safety requirements ...

schedule 4 explosive, for part 8, see section 94.

secure container, for part 8, division 2, see section 97.

secured area, for part 8, division 2, see section 97.

security sensitive ammonium nitrate 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 ...

site senior executive, for part 10, division 2, see section 148.

small arms ammunition ...

source of ignition has the meaning given under AS 2187, part 2.

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.

submission period see section 145J(2)(e).

supply—

(a)means supply in trade or commerce or under an agreement; and

(b)includes barter, give or swap.

trial, for an explosives approval trial, for part 2, see section 11.

underground mine, for part 10, division 2, see section 148.

underground mine manager, of an underground mine, for part 10, division 2, see section 148.

UN model regulations means the document called ‘Recommendations on the Transport of Dangerous Goods—Model Regulations’, 20th revised edition (2017), published by the United Nations, New York and Geneva.

Editor’s note—

The UN model regulations can 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 document called ‘Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria’, sixth revised edition (2015), published by the United Nations, New York and Geneva.

Editor’s note—

The UN tests and criteria can be accessed on the United Nations Economic Commission for Europe’s website.

use—

(a)an explosive—includes prepare the explosive for use; or

Example—

assemble an explosive with 1 or more other explosives for initiation

(b)fireworks, in a fireworks display—see section 161.