Explosives Regulations 1996 (SA)
South Australia
under the
These regulations may be cited as the
Explosives Regulations 1996 .
In these regulations, unless a contrary intention appears—
the Act means theExplosives Act 1936 ;
the Chief Inspector means the Director under the Act;
classify means classify pursuant to section 6(1) of the Act and derivatives of the word "classify" (whether in the form of words or in the form of phrases) shall be construed accordingly;
define means define pursuant to section 6(1) of the Act and derivatives of the word "define" (whether in the form of words or in the form of phrases) shall be construed accordingly;
distress signal means a pyrotechnic device intended for signalling or warning or similar purposes and includes a marine flare or signal, landing flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud seeding rocket, avalanche rocket, railway fog signal or smoke generator;
firework has the same meaning as in theExplosives (Fireworks) Regulations 2001 ;
general use firework has the same meaning as in theExplosives (Fireworks) Regulations 2001 ;
indoor firework has the same meaning as in theExplosives (Fireworks) Regulations 2001 ;
prescribed means prescribed by these regulations;
Schedule means Schedule to these regulations;
security sensitive substance has the same meaning as in theExplosives (Security Sensitive Substances) Regulations 2006 .
(1) The duties and responsibilities created and defined by the regulations, subregulations and other provisions thereof set forth in column 1 of Schedule AA shall be performed and discharged according to their tenor by the persons prescribed by this regulation.
(2) The persons whose respective titles or descriptions appear in column 2 of Schedule AA shall perform and discharge, or (as the case may require) ensure the performance and discharge of, all duties and responsibilities created and defined by those regulations, subregulations or other provisions thereof opposite which the titles or descriptions respectively appear, in all respects according to their tenor.
(3) Where the titles or descriptions of two or more persons appear opposite any regulation, subregulation or other provision thereof in column 1 of Schedule AA, subregulation (2) of this regulation shall apply to those persons jointly and severally.
(4) Where the performance or discharge, or (as the case may require) the ensuring of the performance or discharge, of a duty or responsibility created and defined by these regulations is, in any particular case, delegated by a person or the persons specified in column 2 of Schedule AA, such delegation shall not in any respect excuse non‑compliance with the provisions of these regulations.
(5) Where there has been a contravention of, or a failure to observe, perform or comply with, any regulation, subregulation or other provision thereof set forth in column 1 of Schedule AA, the person or persons required to perform or discharge, or to ensure the performance or discharge of the duty or responsibility created and defined by the regulation, subregulation or other provision thereof, shall be guilty, or (as the case may be) jointly and severally guilty, of an offence.
(6) Where an act or default committed by some person other than a person described in Schedule AA constitutes a contravention of, or failure to observe, perform or comply with any provision of any regulation, the first mentioned person shall be guilty of an offence against that regulation, whether or not a person described in Schedule AA is also guilty of an offence against the same regulation.
(7) Nothing in these regulations shall take away or restrict any liability of any person whether under the
Summary Procedure Act 1921 or at common law, for aiding, abetting, counselling, procuring or otherwise being a party to the commission or attempted commission of an offence.(8) The words appearing in the text of these regulations in brackets after the regulations or parts of such regulations are placed there for the purpose of convenient reference only and do not form part of these regulations.
An alleged offence against regulation 1.06(5) or (6) constituted of an alleged contravention or failure to comply with a requirement of Part 6, 14 or 15 may be expiated in accordance with the
Expiation of Offences Act 1987 and for that purpose the expiation fee is $100.
For the purposes of these regulations, explosives shall be either classified or unclassified. An explosive that is not a classified explosive is deemed to be an unclassified explosive.
(1) A person shall not have in his possession or custody keep or store in any place, transport or carry by land, sea or air, or use in any way, an unclassified explosive unless he does so in accordance with a written authorisation from and signed by the Chief Inspector. A written authorisation under this subregulation may include such reasonable conditions with respect to the safety of the public or any part or member of the public as the Chief Inspector thinks necessary or expedient and are in accordance with the objects of the Act and these regulations.
(2) Subject to the proviso to subsection (1) of section 12 of the Act, a person shall not prepare an unclassified explosive or, with intent to prepare an unclassified explosive, have in his custody or possession some of or all the ingredients necessary for that purpose, unless he does so in accordance with a written authorisation from and signed by the Chief Inspector. A written authorisation under this subregulation may include conditions of the kind referred to in subregulation (1) of this regulation.
For the purposes of these regulations, an explosive is and shall be referred to as a classified explosive by virtue of its having pursuant to section 6(1) of the Act, been placed by the Chief Inspector in one of the divisions of Class 1 Dangerous Goods and one of the compatibility groups of the International Maritime Dangerous Goods Code of the Inter-governmental Maritime Consultative Organisation adopted by him and named in the tables at the foot of this regulation.
The figures representing the Class and division together with the letter representing the compatibility group shall together form the Classification Code of an explosive. An explosive may be referred to by the Classification Code assigned to it.
Table I—Divisions of Class 1 Dangerous Goods adopted by the Chief Inspector
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Table II—Compatibility groups adopted by the Chief Inspector
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For the purpose of these regulations an explosive shall have been assigned to a category or categories of explosive by virtue of its having, pursuant to section 6(1) of the Act, been placed by the Chief Inspector in one or more of the categories of explosives created by him and named in the category table at the foot of this regulation. An explosive may be referred to by the category in which it has been placed and a reference to a category of explosive followed by the letter or letters X, Y, Z, ZZ or V, and cognates of the word
category shall be construed accordingly.
Table—Categories Category X—Explosives classified by the Chief Inspector as having fire or slight explosion risk or both, with only local effect.
Category Y—Explosives classified by the Chief Inspector as having mass fire risk or moderate explosion risk but not mass explosion risk.
Category Z—Explosives classified by the Chief Inspector as having a mass explosion risk with serious missile effect.
Category V—Explosives classified by the Chief Inspector as having slight fire or explosion risk but producing toxic gases.
Category ZZ—Explosives classified by the Chief Inspector as having mass explosion risk with minor missile effect.
A list of the explosives classified by the Chief Inspector by virtue of section 6 of the Act shall be published in the Government Gazette at least once in each period of 12 months.
This Part does not apply in relation to a security sensitive substance.
Application for a licence of a factory for the manufacture of explosives shall be made to the Chief Inspector in the form set out in Schedule H and shall be accompanied by the prescribed fee. The application may be made—
(a) where the factory is about to be built or is being built but is not completed, by the person on whose behalf the factory is being built; or
(b) where the factory has been completed, by the occupier of the factory to be licensed.
There shall be furnished in and with the application, with reasonable particularity, all the information, plans and documents required by the form in Schedule H to be furnished for the purpose of the application.
The Chief Inspector shall after examination of the application, submit a report for the Minister.
The Minister may, after considering the application and the report, refuse the application, or may, by instrument in writing, inform the applicant that, subject to regulation 3.05, he is prepared to grant a licence in such form and upon such conditions as are specified in the instrument.
On receipt of an instrument pursuant to regulation 3.04 the applicant may construct, alter or add to the factory, and, if he does so to the satisfaction of the Chief Inspector and in accordance with the conditions referred to in that instrument, the Minister shall authorise the Chief Inspector to grant a licence.
A licence granted under this Part shall—
(a) be granted to the occupier of the factory and shall be valid only for that occupier and only in respect of the site specified in the licence; and
(b) be in the form of Schedule I; and
(c) not be transferable; and
(d) be subject to these regulations (compliance with which shall be a condition of the licence) and any further conditions of the kind referred to in regulation 3.04 and stated in the licence; and
(e) remain in force for a period of 12 months commencing on the first day of the month in which it is issued, but may be renewed by payment of the prescribed fee before the expiration of the period of 12 months.
A licensed factory shall not be used for a purpose or in a manner not in accordance with the conditions of the licence granted pursuant to this Part.
(Occupier)
A licensed factory shall be kept and maintained in all respects in accordance with the requirements of the licence, and no material alteration shall be made to any part of the factory without the prior written approval of the Chief Inspector. For the purposes of this regulation every alteration that is other than trifling is a material alteration.
(Occupier)
The quantity of an explosive, or of the ingredients of an explosive, that may be placed or stored at any one time in a factory or in a specified part of a factory which part is referred to in the licence shall not exceed the quantity specified in the licence.
(Occupier)
The magazine of a factory shall not be used except for the purpose of keeping explosives in it, or the ingredients of explosives, or the tools or implements used for work connected with that keeping, as and in the manner specified in the licence.
(Occupier)
A person shall not manufacture or keep, or perform any process or work connected with the manufacture or keeping of, an explosive or the ingredient of an explosive except under conditions approved by and in accordance with the written directions of an inspector.
(Occupier)
(1) Every building that is part of a factory in which—
(a) an explosive; or
(b) any ingredient of an explosive, that by itself has explosive properties or, when mixed with any other ingredient or article also present in that building is capable of forming an explosive mixture or an explosive compound,
is kept or is present, or in the course of manufacture may be kept or may be present, shall, unless specially exempted by the terms of a licence issued under this Part or by the written order of an inspector (which may be revoked by further written order), for the purposes of this Part be, and be referred to as, a
danger building .
(2) The interior of every danger building and the fittings and equipment in it shall be so constructed or assembled as to avoid unnecessary risks and shall, so far as is reasonably practicable, be kept clean and free from grit.
(Occupier)
Subject to the operation of section 15 of the Act, before any repairs are effected to any part of a danger building that part and the immediate vicinity of that part shall, as far as is reasonably practicable, be cleaned by removing all explosives and all ingredients of explosives and by washing that part or by any other adequate process; and that part of the building and the immediate vicinity of that part, after being so cleaned, shall cease to be a danger building within the meaning of these regulations until an explosive or an ingredient of an explosive is again brought into it.
(Occupier)
There shall be kept constantly affixed to every danger building, in a prominent position and in such a form as to be easily read, a statement showing the maximum number of persons and the maximum quantities of explosives or the ingredients of explosives permitted by these regulations or by the licence to be in the building at any one time, the distinguishing number of the building as shown in the licence and a copy of such conditions and regulations applicable to the building as may be required by an inspector to be included in the statement.
(Occupier)
There shall be maintained on or about the factory efficient lightning conductors, in places and for periods which an inspector may, by an instrument in writing served on the occupier, require.
(Occupier)
(1) All tools and other implements used in a danger building shall be made only of wood, copper, brass or some soft metal or material, or shall be wholly covered with material rendering them safe for use in that building.
(Occupier)
(2) A tool or implement shall not be placed or left in any room in a danger building if it is not required for actual working in that room.
(Occupier)
The outer clothing of all persons working in a danger building shall, unless special provision is made in the licence, be of woollen or other flame resistant material and that clothing and shoes of those persons shall be so made or constructed that they do not create the possibility of explosion or fire in that building.
(Occupier)
Wherever in a factory or in a danger building danger may arise from the possibility of foreign matter being present with an explosive or any ingredient of an explosive, all ingredients to be made or mixed into explosives shall, before being made or mixed, be carefully examined, sifted and otherwise treated and, as far as is practicable, all dangerous foreign matter shall be removed or excluded from the explosive or ingredient.
(Occupier)
A person shall not smoke in any part of a factory except in such part as may be allowed by the special rules made pursuant to section 11 of the Act.
(Occupier)
(1) All persons, before entering a factory, shall examine their clothes for the purpose of ensuring, and shall ensure, that they have no matches or other potentially dangerous articles in their pockets or about their persons, and all persons employed in the factory shall be regularly searched in order to ensure as far as is practicable that the precaution laid down by this subregulation is observed.
(Occupier)
(2) Iron, steel, grit or other articles that may cause an explosion or fire shall not be introduced into a danger building.
(Occupier)
A person under the age of 16 years shall not be employed in, or enter, a danger building except in the presence, or under the supervision, of a person approved by the occupier as a responsible person.
(Occupier)
(1) A vehicle, boat or other receptacle for carrying or conveying of any explosive or any explosive ingredient from one part of a factory to any other part of that factory or to a place outside that factory shall, unless specially exempted by the terms of the licence of that factory issued under this Part or by the written order of an inspector (which may be revoked by further written order) be constructed and maintained without any exposed iron or steel in the interior of the vehicle, boat or receptacle and shall, while the carrying or conveying is in progress, be closed or otherwise thoroughly covered over.
(Occupier)
(2) A person shall, while carrying or conveying any explosive or explosive ingredient in a vehicle, boat or other receptacle from one part of a factory to any other part of that factory or to a place outside that factory, use all due diligence and exercise all practicable precautions for the purpose of guarding against fire or explosion.
(Occupier)
(3) In subregulations (1) and (2) of this regulation,
explosive ingredient means an ingredient of an explosive that, by itself, is possessed of explosive properties or that, when mixed with any other ingredient, article or substance also present in the vehicle, boat or receptacle is capable of forming an explosive mixture or an explosive compound.(4) The provisions of subregulation (1) of this regulation shall not have effect where the only explosives or explosive ingredients being carried or conveyed are safety ammunition.
Where in a building that is part of a factory an ingredient is in the course of being manufactured into explosive and that ingredient by itself has explosive properties or, when mixed with any other ingredient, article or substance also present in that building is capable of forming an explosive mixture or an explosive compound, that ingredient shall be removed as soon as the process of manufacture connected with it is completed, and all explosives that have been manufactured by that process shall, with all practicable expedition, be removed either to a magazine or from the factory.
(Occupier)
All explosives intended or ready for conveyance from a factory shall, before being removed from a factory, be packed and marked in accordance with the provisions of Part 6 of these regulations.
(Occupier)
There shall not be in a magazine that is part of a factory any broken or defective case, box or other receptacle containing explosives.
(Occupier)
The doors of every magazine that is part of a factory shall be kept securely locked, except at such times as explosives are being placed into or removed from the magazine.
(Occupier)
The keys of all danger buildings shall remain in charge of a responsible person duly authorised in writing by the occupier and shall at all times be available to an inspector if required by him.
(Occupier)
On the approach of a thunderstorm to a factory, all magazines and danger buildings shall be immediately closed and every person in or near those magazines and buildings shall withdraw to a place of safety.
(Occupier)
(1) All persons working, engaged or employed in a factory shall take all precautions reasonably practicable for the purpose of preventing—
(a) accidents from fire or explosion in or about the factory; and
(b) unauthorised persons from having access to any part of the factory or any explosives, ingredients or other things in the factory.
(Occupier)
(2) All persons shall abstain from doing anything that—
(a) tends to cause fire or explosion; and
(b) is not reasonably necessary for the purpose of the work in the factory.
(Occupier)
All theft or loss of, or apparently unauthorised interference with, any explosive or any ingredient of an explosive at a factory shall immediately be reported to a member of the police force and to the Chief Inspector.
(Occupier)
The Chief Inspector may, at any time, by notice in writing served on the licensee, revoke a licence if he is satisfied that the holder has failed to comply with these regulations or with a condition of his licence. Upon revocation, the holder shall immediately surrender his licence to the Chief Inspector or to a person nominated in writing by him.
The penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $500.
In this Part—
Ammonium Nitrate mixture means an explosive of Classification Code 1.1D consisting of—
(a) Ammonium Nitrate; or
(b) a non-explosive mixture of Ammonium Nitrate with other substances,
and any other materials none of which is itself an explosive;
licensee means a person to whom a licence has been granted under this Part;
mineral oil means liquid derivatives of petroleum, shale or coal with a flash point of not less than 61°C (For the purposes of this definition "flash point" shall be determined by the closed cup method.);
person in charge means a person appointed by the licensee and authorised to mix and use an Ammonium Nitrate mixture or to be in immediate charge of the mixing or using of an Ammonium Nitrate mixture.
A person shall not in any place, mix for use at that place or assist in mixing for use at that place an Ammonium Nitrate mixture unless—
(a) the mixing and using is authorised by a licence under this Part; and
(b) all conditions of the licence have been complied with.
An occupier of a place shall not be guilty of an offence against this regulation if he proves that the mixing and/or using took place contrary to his directions or orders or notwithstanding the exercise by him of reasonable diligence.
(Person mixing or using) (Occupier of the place)
(1) Application for a licence to mix and use an Ammonium Nitrate mixture shall be made to the Chief Inspector, in the form of Schedule J by the person intending to mix that mixture and shall be accompanied by the prescribed fee.
(2) There shall be furnished in and with the application, with reasonable particularity, all the information that is shown by the form in Schedule J to be required to be furnished for the purposes of the application.
(3) A person who, in or in connection with an application under this Part, furnishes information that is false in a material particular shall be guilty of an offence and may be refused a licence.
(Licensee, applicant for licence)
The Chief Inspector may refuse a licence or may grant a licence subject to this Part and to such reasonable conditions (if any) as he includes in the licence. The Chief Inspector, upon consideration of an application, shall, in addition to taking into account all matters that the scope and object of the Act and these regulations indicate to be relevant, consider whether the applicant is a fit and proper person to be granted a licence and whether the licence should contain any conditions.
A licence granted under this Part shall—
(a) be in the form of Schedule K; and
(b) be valid only for the person to whom it is issued; and
(c) not be transferable; and
(d) be subject to this Part (compliance with which by all concerned shall be a condition of the licence); and
(e) be valid for the place or places and for the particular Ammonium Nitrate mixture specified in the licence; and
(f) have effect subject to such conditions as the Chief Inspector includes; and
(g) continue in force, according to its tenor, (unless previously cancelled) for a period of 12 months commencing on the first day of the month in which it is granted, but may be renewed by payment of the prescribed fee before the expiration of that period.
Regulations 4.07 to 4.27 inclusive shall apply where a person is acting, or purports to be acting, in pursuance of a licence granted under this Part.
A person shall not mix an Ammonium Nitrate mixture at any point other than the point where the explosive is to be used, unless the mixing is effected in accordance in all respects with regulations 4.17 to 4.27 inclusive, of this Part. Regulations 4.17 to 4.27 inclusive shall not apply to the mixing of an Ammonium Nitrate mixture at the point where it is to be used.
(Licensee, person in charge)
A person other than the licensee shall not mix an Ammonium Nitrate mixture unless he is a person in charge or is under the immediate supervision of a person in charge who is competent and thoroughly conversant with this Part.
(Licensee, person in charge)
A person shall not mix a greater quantity of Ammonium Nitrate mixture at any one time than the quantity required for immediate use, unless the mixing takes place in accordance with regulations 4.17 to 4.27 inclusive, of this Part.
(Licensee, person in charge)
A person shall not store overnight any Ammonium Nitrate mixture unless the storing is done in all respects in accordance with regulations 4.24 and 4.25 of this Part.
(Licensee, person in charge)
Any person using Ammonium Nitrate mixture shall keep all detonators, priming cartridges and detonating fuses in strong and secure receptacles and, until they are used, no closer than seven metres from the mixture.
(Licensee, person in charge)
A person shall not smoke when mixing, carrying, handling or using Ammonium Nitrate mixture, or at any time when he is within seven metres of a person engaged in that work.
(Licensee, person in charge)
A mixing appliance must not be used for the mixing of an Ammonium Nitrate mixture unless it is maintained in a clean condition and—
(a) if the mixing appliance is hand operated only—the appliance does not include in its construction any copper, copper alloy, zinc, or galvanised iron that is likely to come into contact with Ammonium Nitrate in its mixed or unmixed form;
(b) if the mixing appliance is mechanically operated—the appliance has been approved in writing by the Chief Inspector.
(Licensee)
A mixing appliance shall not be mounted on or attached to any vehicle unless approval in writing has been received from the Chief Inspector.
(Licensee)
While a person is mixing, charging or handling Ammonium Nitrate mixture a naked flame shall not be brought within seven metres of the explosive or of the hole being charged.
(Licensee, person in charge)
Regulations 4.17 to 4.27 inclusive of this Part shall apply where the mixing of an Ammonium Nitrate mixture is carried out at a point that is not the actual point where the mixture is to be used.
Ammonium Nitrate mixture shall be prepared on or near the central part of a concrete floor (hereinafter in this Part referred to as a
site ) of at least five square metres in area and approximately square in shape. A site shall be so situated that every part of it is not less than—
(a) 45 metres from any protected work of Class I as defined in Part 10 (other than the store for the ammonium nitrate used in the mixing or a licensed magazine or licensed store used for the storage of mixed Ammonium Nitrate mixture); and
(b) 180 metres from any protected work of Class II as defined in Part 10.
(Licensee)
Any structure in which Ammonium Nitrate mixture is mixed shall—
(a) be open on at least one side; and
(b) have in its construction the least practicable quantity of timber or other combustible material; and
(c) have walls the lower edges of which are at least 15 centimetres above floor level.
(Licensee)
A quantity of mineral oil in excess of 25 litres shall not any time be within seven metres of any part of a site when Ammonium Nitrate mixture is being prepared.
(Licensee, person in charge)
A quantity of mineral oil in excess of 250 litres shall not at any time be within 45 metres of a site when Ammonium Nitrate mixture is being prepared.
(Licensee, person in charge)
Any spillage of ammonium nitrate or Ammonium Nitrate mixture shall be immediately swept up and disposed of in such a way as to avoid the risk of fire.
(Licensee, person in charge)
Subject to regulation 4.23, combustible material (other than that essential for the preparation of Ammonium Nitrate mixture) shall not be within 15 metres of a site, but standing timber shall not be within 30 metres of a site.
(Licensee, person in charge)
A site shall not be unattended while Ammonium Nitrate mixture, other than that stored in a nearby locked magazine, is present.
(Licensee, person in charge)
Ammonium Nitrate mixture shall not be stored at night other than in a store or magazine properly licensed under Part 10 or 11.
(Licensee, person in charge)
Ammonium Nitrate mixture shall be stored or kept, and conveyed, in closed containers of plastics, black iron, black steel or other safe material approved in writing by the Chief Inspector, and those containers shall be clearly labelled so as to indicate their contents.
(Licensee, person in charge)
Two fire buckets constructed of plastics each of at least 10 litres capacity and kept full of water, and at least 180 litres of water kept in an open or loosely lidded container, shall be readily available within 15 metres of a site.
(Licensee, person in charge)
In addition to the requirements set out in regulation 4.26, where the quantity of Ammonium Nitrate mixture accumulating at a site during mixing exceeds 1 000 kilograms, a reticulated water service of not less than 75 millimetres internal diameter shall be available, fitted with at least two hydrants with wheel-valves and hoses of at least 25 millimetres internal diameter sufficient to reach the furthest risk and maintained in efficient working order; if not connected to service mains this reticulated service shall be served by a static water supply of not less than 22 kilolitres.
(Licensee)
The Chief Inspector may, if he is satisfied that—
(a) any provisions of the Act or any regulation made under the Act or any condition of a licence has not been observed; or
(b) the licensee is no longer a fit and proper person to hold a licence; or
(c) in or in connection with the application for the licence, the applicant furnished information that was false or misleading in a material particular,
revoke a licence at any time by notice in writing given to or served by post on the licensee.
The penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $500.
In this Part—
filling room means a room used for the filling of cartridges for small arms with an explosive;
licensee means a person to whom a licence has been issued under Part 2 or Part 4 of the Act.
A person shall not fill or cause to be filled cartridges for small arms with an explosive unless he holds a licence under Part 2 of the Act, or he holds a licence to store explosives issued by the Chief Inspector under Part 4 of the Act or by a municipal council or unless he is, pursuant to section 8 of the Act, filling safety cartridges for private use only.
Small arms cartridges shall not be filled with an explosive except—
(a) in a filling room so designed and constructed that, to the reasonable satisfaction of an inspector (whose satisfaction shall be certified in writing), all practicable precautions have been taken in its design, materials and construction against explosion and the consequences of explosion; and
(b) in accordance with the following conditions:
(i) not more than three kilograms of propellant shall be in any one filling room at any one time unless contained in safety cartridges;
(ii) in a filling room, exposed iron or steel shall not be near any explosive, or on any bench or table at or near which the filling of cartridges is or is about to be carried out;
(iii) the floor, shelves and fittings of a filling room shall be kept clean and free from grit, and, immediately before the filling of cartridges is begun, the bench or table at which the filling is to be carried out shall be carefully swept.
(Licensee, person in charge)
While filling of cartridges is in progress in a filling room—
(a) work unconnected with the filling shall not be carried out;
(b) a fire or artificial light (other than a light of such construction, position and character as not to create any risk of fire or explosion) shall not be in the filling room;
(c) matches or any substance or article which may cause any fire or explosion shall not be in the filling room;
(d) every person engaged in filling cartridges with an explosive shall wear outer clothing, without pockets, of woollen or other flame resistant material. The wearing of ordinary outer clothes of woollen or other flame resistant material, with all pockets removed or sewn up, shall be compliance with this paragraph;
(e) shoes, in which there are no iron nails, shall be worn by every person in the filling room;
(f) any process carried out in the course of filling cartridges with an explosive shall be conducted with great care and in a manner which avoids jerking or concussion;
(g) filled cartridges or unfilled cartridges beyond the quantity at hand in the immediate course of preparation shall not be allowed to remain on or close to any bench, table or other place.
(Licensee, person in charge)
A person under the age of 16 years shall not be in the filling room unless he is in the presence of and under the supervision of some responsible person.
(Licensee, person in charge)
Articles of a highly flammable nature, or which may cause fire or explosion, shall not be stored close to a filling room.
(Licensee, person in charge)
An inspector, at any time that he reasonably considers it in the interests of public safety for him to do so may, by notice, in writing, given to or served by post on the licensee—
(a) prohibit the filling of small arms cartridges in any place or places specified in the notice; or
(b) direct that the process of filling small arms cartridges that is carried out in any place or places specified in the notice be varied in such manner as is specified in the notice.
If a notice pursuant to this regulation has been given to or served by post on a licensee, the filling of small arms cartridges in the place or places specified in that notice shall thereupon cease or, as the case may be, be varied to accord with the requirements of the notice. A notice so given or served shall be obeyed until the inspector, by a further notice, in writing, given to or served by post on that licensee, withdraws the first mentioned notice.
(Licensee)
The penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $500.
This Part does not apply in relation to a security sensitive substance.
In this Part—
authorised explosive means an explosive defined and classified under section 6 of the Act;
inner package means a substantial case, bag, canister or other receptacle whatsoever that is inside an outer package and is made and closed so as to prevent any explosive within that case, bag, canister or receptacle from escaping in the ordinary course of its being stored conveyed or carried;
manufacturer in relation to manufactured explosives that are being packed in a factory includes the occupier of that factory;
outer package means a box, barrel, case or cylinder of wood or metal or other material approved in writing by the Chief Inspector of such strength, construction and character that it cannot be broken or become accidentally opened or become defective or insecure in the ordinary course of being stored, carried or conveyed and, when closed and secured, will not allow any explosive within the box, barrel, case or cylinder to escape;
owner in relation to any specific quantity of explosive includes the possessor or possessors, for the time being, of that explosive;
propellant means an authorised explosive other than gunpowder or black powder adapted and intended exclusively for use as a propelling charge in cannon or small arms;
special authority means a written authority given by an inspector and may contain any condition which, in the opinion of the inspector, is necessary in the interests of safety and such written authority may be an authority to do or forbear from doing something that would, if that authority were not given, constitute an offence against this Part.
A person packing an explosive shall keep any package of that explosive free of grit or other foreign matter.
(Owner, manufacturer)
Subject to regulation 6.05 of this Part, iron or steel shall not be used in the construction of any package holding or containing, or intended to hold or contain, an explosive, unless that package is covered with material that effectively prevents the exposure of the iron or steel.
(Owner, manufacturer)
(1) Subject to subregulations (2) and (3) of this regulation, if a package has been used for the packing of an explosive, that package shall not thereafter be used for the packing of any other explosive or of any other article or substance.
(Owner, manufacturer)
(2) Inner packages containing a propellant may be packed in an outer package together with other inner packages containing other propellants or gunpowder.
(3) An article that is not of a flammable nature or liable to cause fire or explosion may be packed in the same package as an explosive of Classification Code 1.4S.
(Owner, manufacturer)
(1) Explosives shall be packed as prescribed by the International Maritime Dangerous Goods Code or as otherwise approved in writing by the Chief Inspector.
(Owner)
(2) The maximum quantities of explosives permitted to be packed in inner and in outer packages shall be as specified in the Table at the foot of this regulation, unless otherwise approved in writing by the Chief Inspector.
(Owner)
Table—Maximum quantities of explosives of various classification codes permitted to be packed in inner and outer packages
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Nothing in these regulations shall be construed as prohibiting the use of an additional package, whether inner or outer, unless that additional package is one or one of a type the use of which has been prohibited, in writing, by an inspector.
(Owner, manufacturer)
A person shall not pack an explosive that is not a classified explosive, nor mark a package which contains an explosive that is not a classified explosive, unless that packing or that marking as the case may be is in accordance with a special authority referring to that explosive.
(Owner, manufacturer)
Except for detonators or blasting caps which have been brought into South Australia before 31 December 1971 or the importation of which into South Australia has been approved in writing by the Chief Inspector, no person shall pack or cause or permit to be packed any detonator or blasting cap whether plain or electric or otherwise adapted unless the outside of the capsule or case of the detonator or blasting cap is clearly and durably marked with the words "DETONATOR EXPLOSIVE DANGER" or the words "BLASTING CAP EXPLOSIVE DANGER" in capital letters not less than three millimetres high.
(Owner, manufacturer)
Unless approval shall have been given in writing by the Chief Inspector, a person shall not pack or cause or permit to be packed any detonating relay unless the outside of the capsule or case of the detonating relay is clearly and durably marked with the words "EXPLOSIVE DANGER" in capital letters not less than three millimetres high.
(Owner, manufacturer)
(1) A person who packs an explosive shall mark the outside of the outer package or cause it to be marked with the word "EXPLOSIVE" in the label prescribed by the International Maritime Dangerous Goods Code, the name of the explosives, the Classification Code of the explosive and the name of the manufacturer or consignor of the explosive; this information may be imprinted on the outer package or may appear on a label securely attached or affixed to the package or by some other permanent mark.
(Owner, manufacturer)
(2) A person who packs an explosive shall, in addition to complying with the requirements of subregulation (1) of this regulation, comply with the requirements (if any) of the
National Measurement Act 1960 of the Commonwealth and with the following requirements wherever applicable:
(a) opposite ends of the outside of an outer package containing an explosive of Classification Code 1.1C or 1.1D shall be marked in conspicuous characters not less than 18 millimetres high, with—
(i) the name of the explosive; and
(ii) the date of manufacture or issue from the factory; and
(iii) the batch number of the particular batch or mix of the explosive or such sign or signs indicating that date and that batch or mix as may be approved in writing by the Chief Inspector;
(b) where the package contains an explosive in cartridges or charges for cannon, shells, mines, blasting or other like purposes which do not contain their own means of ignition, the marking shall be as for the explosive when not so made up;
(c) the words "Reloaded Ammunition" shall appear on each outer package and on each inner package which contains reloaded ammunition;
(d) on the outside of a package containing Pin Fire Cartridges there shall appear in conspicuous characters not less than 18 millimetres high the words "Pin Fire Cartridges";
(e) the word "EXPLOSIVE" and the name of the explosive, each in capital letters, shall appear conspicuously on individual packages, bags, cartridges and canisters containing blasting explosives;
(f) on ships' rockets, distress flares and similar explosives there shall appear conspicuously the month and year of manufacture in such a manner and place as not to be obscured by tape or any other portion of the article or by any envelope in which it is packed.
(Owner, manufacturer)
(3) If an outer package contains more than one explosive, the marking required by this regulation for each explosive shall be imprinted on or affixed to that outer package.
(Owner, manufacturer)
Where reasonable cause exists an exemption from the whole or any provision of this Part may be granted by special authority.
The penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $500.
Expiation fee: $100.
(1) Subject to this regulation, this Part does not apply in relation to a security sensitive substance.
(2) If a security sensitive substance is transported together with explosives of any other kind, the security sensitive substance must be taken into account under this Part (see especially regulation 7.10, 7.13 and 7.18) on the basis—
(a) in the case of ammonium nitrate blasting intermediate, that it is an explosive of Division 1.1D; and
(b) in any other case, that it is an explosive of Division 1.1D with a mass that is half its actual mass.
(3) In this regulation—
ammonium nitrate blasting intermediate means security sensitive ammonium nitrate comprised of an emulsion, suspension or gel, primarily made up of ammonium nitrate (with or without other inorganic nitrates) and containing other substances such as oxidisers and fuels, and intended for use as a blasting explosive following modification prior to use.
In this Part—
licensee means—
(a) the owner of a vehicle to whom a licence has been granted for the carriage of explosives in that vehicle; or
(b) a person to whom the Chief Inspector has, pursuant to section 39 of the Act, given his approval for the carriage of explosives in a boat;
manager of a railway or tramway includes the State Transport Authority;
owner in relation to a vehicle includes—
(a) the person in possession of a vehicle pursuant to a valid and subsisting consumer contract or hire purchase agreement or the assignee of the right to that possession; and
(b) the person recorded in the register of motor vehicles pursuant to the
Motor Vehicles Act 1959 as the owner of a vehicle; and(c) the person in possession of a motor vehicle which is subject to a valid and subsisting Bill of Sale.
(1) Subject to this regulation a person shall not carry in or on a vehicle, by land, a quantity of gunpowder exceeding 15 kilograms, or a quantity of any other explosive exceeding three kilograms, unless the owner of the vehicle in which the explosives are conveyed holds a licence, issued to him by the Chief Inspector pursuant to the provisions of this Part, in respect of the carriage of that explosive in that vehicle.
(Owner, driver)
(2) For the purposes of this Part the equivalent mass of any detonators being carried shall be determined in accordance with Schedule L and the mass of explosives such as detonating cord, shaped charges, boosters and primers shall be calculated as the mass of the contained explosive compositions.
(3) A licence shall not be required for the carriage in a vehicle by land of any quantity of explosives of Classification Code 1.3G, 1.4G or 1.4S.
(4) The Chief Inspector may exempt a person from the requirement to hold a licence under this Part in respect of conveying explosives in the circumstances, and subject to the conditions, specified in the instrument of exemption.
An application for a licence for the carriage of explosives in a vehicle shall be—
(a) made in writing to the Chief Inspector by the owner of that vehicle; and
(b) in the form prescribed in Schedule M to these regulations; and
(c) accompanied by the prescribed fee.
(1) The Chief Inspector may refuse a licence for the carriage of explosives or may require the applicant to fulfil conditions specified by the Chief Inspector prior to the grant of a licence or may grant the licence subject to conditions inserted therein by the Chief Inspector. Those inserted conditions shall be complied with in all respects by the licensee.
(2) A licence may be granted only to the owner of the vehicle in which explosives are to be carried, and shall be valid only for the owner to whom it is issued, for the vehicle specified and for the quantity of explosive stated. A licence shall not be transferable and shall be subject to these regulations, the due performance of which by all concerned shall be deemed a condition upon which the licence is issued.
(3) A licence shall be in the form prescribed by Schedule N.
(4) The Chief Inspector may include in a licence any condition that he deems necessary or desirable in the interests or for the purpose of the safety of the community.
(5) A licence shall continue in force for a period of 12 months commencing on the first day of the month in which the licence is issued but may be renewed for a period of 12 months by payment of the prescribed fee whilst the licence is current.
(6) The Chief Inspector may, at any time by notice in writing served on the licensee, revoke the licence if he is satisfied that the holder has failed to comply with these regulations or with a condition inserted in the licence or that in, or in connection with, an application for a licence, a statement was made that was false or misleading in a material particular. Upon revocation of the licence the holder shall immediately surrender his licence to the Chief Inspector or to a person nominated in writing by the Chief Inspector.
A person shall not in, or in connection with, an application for a licence, make a statement that is false or misleading in a material particular.
(Licensee, applicant for licence)
A person shall not, without the approval of an inspector, carry an explosive, other than an explosive of Classification Code 1.4G or 1.4S in a vehicle or boat whilst that vehicle or boat is carrying or plying for passengers.
(Licensee, person in charge of vehicle or boat)
A person shall not carry an explosive in a vehicle or boat unless that vehicle or boat is sound and roadworthy or (as the case may be) seaworthy and all mechanical and electrical components and accessories are in good order.
(Licensee, person in charge of vehicle or boat)
A person shall not drive a motor vehicle in which explosives are being carried unless he is in possession of a current Class 1, Class 2 or Class 3 licence to drive a motor vehicle issued pursuant to the
Motor Vehicles Act 1959 nor unless the classification of his licence is appropriate to the type of vehicle that he is driving.(Licensee, person in charge of vehicle)
A person shall not, without the approval of an inspector, carry in a vehicle or boat any explosive that is not packed and branded, labelled or marked in accordance with these regulations.
(Licensee, person in charge of vehicle or boat)
(1) A person shall not carry any explosives of different Compatibility Groups in a vehicle or boat unless the explosives are separated, one Compatibility Group from another, by sufficient means or distance to prevent explosion or fire in an explosive of one Compatibility Group being communicated to an explosive of another Compatibility Group.
(Licensee, person in charge of vehicle or boat)
(2) Detonators shall not be carried in a vehicle that is carrying more than 260 kilograms of other explosives unless approved by an inspector.
(Licensee, person in charge of vehicle)
(3) Up to 500 detonators may be carried in a vehicle at the same time as a quantity of other explosives not exceeding 260 kilograms under such conditions as are approved by an inspector.
(Licensee, person in charge of vehicle)
A person shall not after sunset on one day and before sunrise on the succeeding day carry an explosive in a vehicle on land, except with the approval in writing of an inspector and subject to such conditions as are contained in that approval.
(Licensee, person in charge of vehicle)
(1) The provisions of regulation 7.13 of this Part shall not apply to the carriage in a vehicle or boat of explosives of Classification Codes 1.3G, 1.4G or 1.4S.
(2) If an explosive of Classification Code 1.3G and/or an explosive of Classification Code 1.4G and/or an explosive of Classification Code 1.4S is or are carried in a vehicle or boat all reasonable and practicable precautions shall be taken against fire, explosion or other accident.
(Licensee, person in charge of vehicle or boat)
(3) Notwithstanding subregulation (1) of this regulation, a vehicle or boat in which manufactured fireworks of Classification Codes 1.3G and/or 1.4G and/or 1.4S, in a total quantity greater than 25 kilograms are being carried, shall be equipped with an efficient fire extinguisher, readily available for immediate use.
(Licensee, person in charge of vehicle or boat)
(A1) A person shall not, without the approval of an inspector, carry an explosive in a vehicle or boat unless such of the provisions set out in this regulation as are applicable are strictly complied with.
(1) A vehicle in which explosives are being carried on land shall bear in conspicuous places at the front and rear notice boards on which the word "EXPLOSIVES" is printed in red capital Roman letters, not less than 125 millimetres high on a white background; alternatively, one such notice board may be mounted above the cabin of the vehicle displaying the word "EXPLOSIVES" so that the word is clearly visible from both the front and the rear of the vehicle. If the quantity of explosives being carried exceeds 60 kilograms the vehicle shall, in addition, bear similar notices on each side.
(Licensee, person in charge of vehicle)
(1a) Notices in conformity with subregulation (1), or notices bearing a general similarity to those notices, shall not be exhibited on any vehicle unless explosives are being carried in that vehicle.
(Licensee, person in charge of vehicle)
(2) A boat in which explosives are being carried shall fly in a conspicuous position a red flag at least one metre square.
(Person in charge of boat)
(3) A quantity of explosives not exceeding 60 kilograms may be carried in a vehicle or boat if the explosives are carried in one or more securely closed boxes constructed in accordance with the principles stated in Schedule U or are completely covered with painted cloth, tarpaulin or other similar material and are effectively protected against dampness, undue movement and rapid communication of fire.
(Licensee, person in charge of vehicle or boat)
(4) A quantity of explosives not exceeding 265 kilograms may be carried in a vehicle if—
(a) the vehicle is fitted with two exterior rear vision mirrors, one on each side, giving a clear view to the rear from the driver's and the front passenger's seat respectively; and
(b) the explosives are carried in one or more securely closed boxes constructed in accordance with the principles stated in Schedule U and used exclusively for the conveyance of explosives; and
(c) the receptacles are firmly secured in the vehicle.
(Licensee, person in charge of vehicle)
(5) A quantity of explosives not exceeding 1 000 kilograms may be carried in a vehicle specially constructed for the carriage of such a quantity of explosives or suitably adapted and equipped with one or more closed boxes as described in Schedule U. When explosives are being carried, no other article or substance shall be conveyed as merchandise in or on the vehicle except with the approval of an inspector. Unless otherwise approved in writing by the Chief Inspector such a vehicle shall be so constructed or adapted that—
(a) it has two exterior rear vision mirrors, one on each side, so as to give effective view to the rear to both the driver and the other person in attendance on the vehicle;
(b) the whole of the under side of the tray is covered with a substantial sheet metal fire screen which shall also extend vertically the full width of the vehicle between the tray and the cab to the height of the cab (a suitable all‑steel tray may be regarded as complying with this requirement) and at least to the level of the bottom of the fuel tanks, and which shall be separated from the cab by an air space of at least 75 millimetres;
(c) the exhaust and muffler system is free from leaks, with the exhaust pipe discharging to the front or to one side of the vehicle and in front of the fire screen and below the level of the tray;
(d) the batteries and fuel tanks are located in front of the fire screen, provided that if the fuel used has a Flash Point (closed cup) not lower than 61°C, the fuel tanks may be located elsewhere if protected in a manner approved by an inspector;
(e) it has a quick-action cut-off fitted to the fuel line in an accessible position near the fuel tank.
(Licensee, person in charge of vehicle)
(6) A quantity of explosives not exceeding 1 000 kilograms may be carried in a suitable boat which if not the property of the Minister for Transport has been approved for carriage of explosives by the Chief Inspector and—
(a) is specially constructed for the carriage of explosives; or
(b) has firmly attached in it one or more securely closed boxes constructed as described in Schedule U; or
(c) is otherwise equipped in a manner approved by an inspector,
provided that when a quantity of explosives greater than 265 kilograms is being carried in a boat, no other article or substance shall be carried as merchandise except with the approval of an inspector.
(Person in charge of boat)
(7) A quantity of explosives exceeding 1 000 kilograms shall not be carried in a vehicle or boat without the written authority of an inspector and in accordance with any conditions contained in that authority.
(Licensee, person in charge of vehicle or boat)
(8) Any iron or steel in the interior of the portion of the vehicle or boat where explosive is placed for carriage or conveyance shall be effectively covered with leather, wood, cloth or other material.
(Licensee, person in charge of vehicle or boat)
(9) A vehicle or boat in which an explosive is being carried shall be in the exclusive charge of, and constantly attended by, some competent person who is thoroughly acquainted with this Part of these regulations, and that person shall not have in his charge at any one time more than one vehicle or boat.
(Licensee, person in charge of vehicle or boat)
(9a) Where the quantity of explosives being carried in a vehicle does not exceed 60 kilograms, a second person may accompany the driver in order to assist, and where the quantity of explosives being carried in a vehicle exceeds 60 kilograms a second person shall be carried in the vehicle in order to assist the person in charge.
(Licensee, person in charge of vehicle)
(9b) No person (except the person in charge of or accompanying a vehicle being used in conformity with subregulation (9) or (9a)), may travel in the vehicle.
(Licensee, person in charge of vehicle)
(9c) If the vehicle in which an explosive is being carried forms part of a continuous train on a railway or tramway subregulation (9), (9a) and (9b) are sufficiently complied with, if, and so long as, that train is in charge of, and constantly attended by, some competent person.
(10) A person in charge of a vehicle or boat in which explosives are being carried shall not drive or manage the vehicle or boat negligently or in a reckless or dangerous manner.
(Person in charge of vehicle or boat)
(10a) A person who is under the influence of intoxicating liquor or a drug shall not be in charge of any vehicle or boat in which explosives are being carried.
(Licensee, person in charge of vehicle or boat)
(11) The driver of a vehicle in on or by which explosives are being transported shall observe all relevant speed limits and shall not, except when such vehicle is on a railway, exceed a speed of 60 kilometres per hour in a municipality, town or township or a speed of 80 kilometres per hour elsewhere.
(Licensee, person in charge of vehicle)
(12) An efficient fire extinguisher, capable of dealing with any petroleum spirit or diesel fuel or lubricating oil fire that may break out in that vehicle or boat, shall be carried in a readily accessible position in a vehicle or boat in which explosives are being carried.
(Licensee, person in charge of vehicle or boat)
(13) A person shall not refuel a vehicle or boat in which explosives are being carried except in case of emergency or necessity, in which case the refuelling shall be carried out in as isolated a place as is reasonably practicable with the engine of the vehicle or boat switched off and the engine of any vehicle or boat in attendance with the fuel supplies switched off.
(Licensee, person in charge of vehicle or boat)
(14) A person shall not smoke whilst he is on, in, near or attending, any vehicle or boat carrying or containing any explosive.
(Licensee, person in charge of vehicle or boat)
(15) A person shall not carry an explosive in a vehicle or boat that contains any article or substance (other than flammable liquid contained in the fuel tank of the vehicle or boat) that may cause fire or explosion or communicate fire.
(Licensee, person in charge of vehicle or boat)
(16) A substance or article that may cause fire or explosion shall not be introduced into a vehicle or boat in which explosives are being carried.
(Licensee, person in charge of vehicle or boat)
(16a) Iron, steel or grit shall not be permitted to come into contact with packages of explosives being carried in a vehicle or boat.
(Licensee, person in charge of vehicle or boat)
(16b) All practicable steps shall be taken to prevent water from coming into contact with packages of explosives being carried in a vehicle or boat.
(Licensee, person in charge of vehicle or boat)
(17) A radio transmitter shall not knowingly be operated in, near to, or in the vicinity of—
(a) a vehicle or boat in which electric detonators are being carried; or
(b) any place where electric detonators are kept.
(Licensee, person in charge of vehicle or boat)
(18) Where two or more vehicles or boats carrying explosives are travelling together, a distance of at least 50 metres shall be kept between each vehicle or boat, and every other such vehicle or boat, unless circumstances render it impracticable.
(Person in charge of vehicle or boat)
(19) Explosives being carried in a vehicle or boat shall be carried with all due diligence, and without unnecessary delay, to their proper destination.
(Licensee, person in charge of vehicle or boat)
(20) Explosives shall not be loaded into, or unloaded from, any vehicle that is in, or upon, any public highway, street, road, thoroughfare or public place, except with the written consent of an inspector, and in accordance with any conditions contained in that consent.
(Licensee, person in charge of vehicle)
(20a) Explosives shall not be loaded or unloaded into or from any boat at any public wharf or landing place, except with the written consent of the Minister for Transport and in accordance with any conditions contained in that consent.
(Licensee, person in charge of boat)
(21) The loading or unloading of explosives into, or from, a vehicle or boat shall be carried out with the engine of that vehicle or boat switched off, and when once begun shall be continued with all practicable speed until completed.
(Licensee, person in charge of vehicle or boat)
(22) While the loading, unloading or carriage of explosives is in progress, all persons engaged in the loading, unloading or carriage shall—
(a) take all necessary precautions for the prevention of fire or explosion, and for preventing unauthorised persons from having access to the explosives being loaded, unloaded or carried; and
(b) abstain from any act whatever that may cause fire or explosion and that is not reasonably necessary for the purpose of the loading, unloading or carriage of the explosive or of any other article lawfully carried with the explosive and as far as reasonably practicable prevent any other person from committing such act.
(Licensee, person in charge of vehicle or boat)
(23) All persons engaged in the loading, unloading or carriage of explosives shall be thoroughly acquainted with the regulations which are applicable to that loading, unloading or carriage.
(Licensee, person in charge of vehicle or boat)
Notwithstanding the provisions of subregulations (4) and (5) of regulation 7.13, explosives may be carried within an area to which the
Mines and Works Inspection Act 1920 applies without the use of carrying boxes or a specially constructed body provided that—
(a) explosives packed as prescribed in Part 6 of these regulations are protected from any exposed iron or steel in the vehicle by clean tarpaulins or wooden separators which contain no exposed iron or steel; and
(b) such tarpaulins or wooden separators shall not come into contact with ammonium nitrate, Ammonium Nitrate mixture or containers in which Ammonium Nitrate mixtures of Classification Code 1.1D are conveyed in accordance with regulation 4.25.
(Licensee, person in charge of vehicle)
(1) A person shall not forward a consignment of explosives unless he has given notice to the consignee, and has received from the consignee a statement of the time at which the consignee will be ready to receive the consignment.
(Consignor)
(2) A consignee shall not give an intimation of his readiness to receive a consignment of explosives, or receive such a consignment, unless he is ready, upon receipt, forthwith either to use or to dispatch the consignment, or to deposit the consignment in conformity with the requirements of section 23 of the Act.
(Consignee)
A person shall not—
(a) have or carry an explosive in a vehicle or boat appropriated or used for the removal of refuse; or
(b) hand or forward an explosive to any person employed in the removal of refuse while he is carrying out his duties in that employment.
(Person in charge of vehicle or boat)
The fuel of a diesel engine propelling a vehicle or boat in which explosives are carried shall not have a Flash Point (closed cup) less than 61°C.
(Licensee, person in charge of vehicle or boat)
Without derogating from or affecting the operation of regulation 7.13 of this Part, the following provisions shall apply to the carriage of explosives on a railway or tramway:
(a) Explosives, with the exception of Classification Code 1.1A, if packed in outer packages which fulfil all of the requirements of these regulations and are of a pattern approved by the State Transport Authority or the manager of a railway or tramway, may be carried with ordinary goods in a vehicle or vehicles not containing any article or substance liable to cause or communicate fire or explosion, provided that—
(i) no explosive of Classification Code 1.4S other than safety fuse, or of Classification Code 1.1B shall be carried in a truck with any explosive of any other Classification Code;
(ii) not more than 1 000 kilograms of explosives other than detonators, and not a greater number than 60 000 detonators, are so carried in one goods train;
(iii) not more than 500 kilograms of explosives (other than detonators) and not a greater number than 30 000 detonators are so carried in any one mixed (passenger and goods) train;
(iv) except as provided in regulation 7.06 of this Part, explosives must not be conveyed on passenger trains, but explosives may, except where special instructions are given to the contrary, be carried on mixed trains, but then only to a point of supervision where the vehicles containing the explosives can be placed at intervals which are in conformity with these regulations on a conveniently scheduled goods train for which the estimated time of departure will not result in undue delay.
(b) A quantity of explosives exceeding 1 000 kilograms, or if the explosives are detonators, exceeding 60 000 in number, shall be carried only in vehicles suitably constructed and exclusively used for the carriage of explosives and in a train not carrying passengers, provided that—
(i) not more than 10 000 kilograms of explosives shall be carried in any one such vehicle; and
(ii) no other explosives shall be carried in a vehicle in which detonators are being carried.
(c) The number of vehicles (not containing explosives or flammable material) which shall intervene between the engine or a passenger vehicle or brake van and each vehicle containing explosives shall be as follows:
(i) when a vehicle is carrying not more than 150 kilograms of explosives (other than detonators) or not more than 10 000 detonators—one or more;
(ii) when a vehicle is carrying more than 150 kilograms of explosives (other than detonators) or more than 10 000 detonators—not less than three vehicles of the four wheel type or such other number of vehicles as will give an equivalent separating distance between the two closest points of vehicles carrying explosives.
(d) —
(i) Not more than 90 000 kilograms of explosives shall be carried simultaneously in a train.
(ii) Not less than three vehicles of the four wheel type or the number of other vehicles necessary to give at least an equivalent separating distance shall intervene between each 10 000 kilograms of explosives.
(iii) Vehicles separating parcels of explosives shall not contain flammable materials.
(Manager of tramway or railway)
A person shall not carry any explosive for storage in a Government magazine unless he has given to the Magazine Keeper reasonable prior notice of such carriage.
(Consignor, person in charge of vehicle)
Every person desiring to remove an explosive from a Government magazine shall—
(a) give to the Magazine Keeper at least one working day notice of his intention to do so accompanied, if required by the Magazine Keeper, by a housing certificate containing particulars of the explosive, the quantity of it required, the name of the consignee, the place to which the explosives are to be consigned and the method of their proposed carriage; and
(b) shall depute a trustworthy and sober person, who shall be subject to and shall obey the orders of the Magazine Keeper, to assist in the delivery of and give the necessary receipt for the explosives removed. That person shall also produce the necessary waybills, bills of lading, consignment note or other similar document relating to the explosives to be removed from the magazine. If those documents are not produced the explosives may be returned to the magazine and their return treated as a new deposit and be subject to the prescribed charge for a new deposit of those explosives.
A person shall not load, unload, remove or stow any explosives except—
(a) by passing each package carefully by hand; or
(b) by using handling equipment which has been approved in writing by an inspector for use with that explosive and which is used in accordance with any conditions contained in that approval.
(Licensee, master, person in charge)
All theft or loss of, or apparently unauthorised interference with, an explosive from or at a vehicle, boat or ship shall immediately be reported to a member of the police force and to the Chief Inspector.
(Licensee, master, person in charge of vehicle or boat)
Subject to the Act the penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $200.
In this Part—
agent in relation to any ship or boat means any person, firm or corporation who or which performs for or on behalf of the owner of the ship or boat any function or duty under or for the purposes of theHarbors and Navigation Act 1993 or the Act, and includes any person, firm or corporation who or which, within the State, on behalf of the owner of the ship or boat undertakes or performs the functions of ships' husbandry or makes any arrangements for or in connection with the berthing of any ship or boat or the carriage, loading or unloading of cargo thereon or therefrom;
Harbormaster includes the person for the time being in charge of the administration of the port concerned;
owner in relation to any ship or boat includes any person who is owner jointly or in common with any other person; and also includes a corporate body; and when used in relation to goods includes any consignor, consignee, shipper or agent for the sale or custody, importing or exporting, loading or unloading of goods;
stevedore means a stevedore who is for the time being in charge of loading or unloading of any cargo which contains explosives into or from ships or boats.
(1) The provisions of this Part shall not apply to explosives carried on a ship or boat as part of the lifesaving or signalling equipment of that ship or boat.
(2) The provisions of—
(a) regulations 8.03, 8.04 and 8.05; and
(b) subregulations (1), (8) and (11) of regulation 8.08; and
(c) regulation 8.14 of this Part,
shall not apply to any ship or boat having on board not more than 15 kilograms of gunpowder or three kilograms of other explosives or a combined quantity of gunpowder and other explosives not exceeding 15 kilograms when one kilogram of other explosives is calculated as equivalent to five kilograms of gunpowder and detonators are calculated as set out in Schedule L.
(3) The provisions of—
(a) regulation 8.05; and
(b) subregulations (1), (3)(a), (4), (5), (8) and (11) of regulation 8.08; and
(c) regulations 8.12 and 8.14 of this Part,
shall not apply to explosives of Classification Code 1.2G, 1.3G, 1.4G or 1.4S.
A ship or boat with explosive on board shall not be within a prohibited area unless the master, person in charge, owner or agent of that ship or boat has given at least two clear working days' notice in writing to the Minister for Transport in the form prescribed in Schedule O to these regulations and unless such master, person in charge, owner or agent shall have received from the Minister for Transport permission for the ship or boat to be within such prohibited area. The person signing the notice shall furnish such information regarding the explosive as the Minister for Transport may, from time to time, require.
Upon the granting of permission the Harbormaster may allot a berth at which the explosive may be landed, shipped or transhipped. Immediately upon completion of the landing, shipping or transhipping of the explosive the ship or boat if it still has any explosive on board shall, unless permission in writing to remain therein has been obtained from the Minister for Transport, depart from the prohibited area.
(Master, person in charge, owner, agent)
A person shall not have on board, land, ship or tranship on or from any ship or boat, within any port any explosive unless two clear working days' notice has been given to the Chief Inspector and a permit has been received from the Chief Inspector for the retaining on board, landing, shipping or transhipping of the explosive specified in that permit. The request for a permit to retain on board, land, ship or tranship shall be in the form prescribed in Schedule O to these regulations. The permit granted to any person shall, when required or demanded, be produced by that person to an inspector, Magazine Keeper, Harbormaster, Pilot, or a master, owner, or agent of any ship in which the explosive mentioned in that permit is conveyed or is being or is about to be conveyed from or to South Australia.
A natural person is not entitled to the grant of a permit unless he or she is a fit and proper person to hold the permit and has attained the age of 18 years.
A permit to purchase explosives shall be in the form set out in Schedule E.
A person shall not at any one time receive a quantity of explosives in excess of the licensed storage available to him unless the excess explosive is used immediately and not stored and the record of the sale is endorsed by the purchaser with a statement to that effect. In this regulation the term
licensed storage includes any underground storage in respect of which notice has been given under regulations made under theOccupational Health, Safety and Welfare Act 1986 .
Every sale of explosives shall be recorded by the seller and the records shall, for a period of at least two years commencing on the day of the sale, be available for inspection by any Inspector of Explosives, Inspector of Mines or member of the police force. The records shall show with reasonable particularity, the name of the vendor, the name and address of the purchaser, the serial number of the permit under which the explosives are purchased, and the date and the quantity and description of the explosives sold and the signature of the purchaser.
(Vendor)
(1) A permit to purchase model rocket engines (as defined by the Director under section 6 of the Act) issued under this Division to an association incorporated under the
Associations Incorporation Act 1985 is subject to the following terms:(a) the association is not authorised to receive model rocket engines except through a member of the association who—
(i) has attained at least 15 years of age; and
(ii) is authorised in writing by the association to receive model rocket engines under the permit; and
(iii) complies with any conditions to which the authorisation is subject; and
(b) the association must record (and make the record available for inspection and copying at the request of an inspector)—
(i) the name and address of each member authorised to receive model rocket engines; and
(ii) a description of the kind and quantity of model rocket engines the member is authorised to receive; and
(iii) any conditions to which the authorisation is subject; and
(c) any other terms specified in the permit.1
(2) Nothing in this Division requires a member of an incorporated association that holds a current permit under the Division to himself or herself hold a permit in relation to model rocket engines received by the member in accordance with an authorisation given to the member by the association under the terms of its permit.
(3) For the purposes of this Division a sale of model rocket engines to a member of an incorporated association that holds a current permit under this Division in accordance with an authorisation given to the member by the association under the terms of its permit will be taken to be a sale made under the association's permit.
Note— 1The permit will specify the kind and quantity of explosives that may be received under the permit.
(1) A permit to purchase model rocket engines (as defined by the Director under section 6 of the Act) issued under this Division in connection with an educational program specified in the permit is subject to the following terms:
(a) model rocket engines may only be received and used for the purposes of the specified program; and
(b) the permit holder may only sell or otherwise supply model rocket engines received under the permit to participants in the specified program who have attained 15 years of age; and
(c) the permit holder must record (and make the records available for inspection and copying at the request of an inspector)—
(i) the name and address of each person to whom the model rocket engines are sold or otherwise supplied; and
(ii) the quantity and description of the model rocket engines supplied; and
(iii) the date of supply; and
(d) any other terms specified in the permit.1
(2) Nothing in this Division requires the participants in an educational program in connection with which a permit has been issued under this Division to themselves hold a permit under this Division in relation to model rocket engines received from the holder of the permit for use in the program.
Note— 1The permit will specify the kind and quantity of explosives that may be received under the permit.
None of the foregoing regulations of this Part shall apply to the following:
(a) propellant powders and black powder other than blasting powder in quantities not greater than three kilograms;
(b) safety ammunition, safety fuse, railway fog signals and percussion caps;
(c) Very signal cartridges;
(d) rockets or other distress or signalling devices
bona fide required for equipping any boat, vessel or aircraft.
(1) Subject to subregulations (2) and (3) of this regulation, an explosive shall not be exposed for sale or displayed in any shop or shop window, or hawked or exposed for sale on or in any highway, street, road, public thoroughfare or public place.
(Vendor)
(2) A quantity of propellant powder of 0.5 kilogram or less packed as required by Part 6 may be displayed in a shop in a position not ordinarily accessible to the public.
(Vendor)
(3) Safety ammunition may be displayed in a shop in a position not ordinarily accessible to the public.
(Vendor)
A person shall not sell safety ammunition, percussion caps, gunpowder, smokeless powder or other propellant powder to any person under the age of 15 years.
(Vendor)
All explosives when sold shall be in a substantial case, bag, canister or other package in accordance with the requirements of Part 6 made and closed so as to prevent the explosives from escaping and labelled in accordance with the requirements of Part 6.
(Vendor)
The penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $500.
Expiation fee: $100.
15.01 Payment rates for attendance of inspector or magazine employee
The owner, master or agent of any ship or boat, and the owner of any explosive being loaded on or unloaded from any road or railway vehicle, or his agent, shall pay for the attendance of any inspector or magazine employee during the loading or unloading of any explosive at the following rates relative to the weekly wages of such inspector or magazine employee at that time:
(a) between the hours of 5.00 p.m. any weekday and 8.00 a.m. on the following day, or at any time in the forenoon of any Saturday, at the rate of time and one half;
(b) at any time after noon on any Saturday, or at any time on any Sunday or public holiday, at the rate of double time.
All charges incurred in the holding of interstate or overseas cargoes of explosives during a vessel's stay in port shall be paid by the owner, master or agent of the ship.
The actual amount incurred for labour and other necessary expenses shall be payable for the attendance of every Inspector, Magazine Keeper or Assistant Magazine Keeper during handling of interstate or through cargo or when a vessel containing explosives is working general cargo.
Subject to the Act there shall be payable the following fees or charges in respect of every examination of explosives, namely:
The actual sum incurred for labour, travelling time, travelling expenses and other necessary expenses in procuring samples of explosives for testing purposes and in transmitting those samples to such place as the Chief Inspector may require.
Subject to the Act if at any time explosives are, in the opinion of an inspector, in any way damaged or defective or likely to become a source of danger during transport, storage or use, the importer, owner or agent, shall, in the presence of an inspector, and in a manner approved by him, destroy or otherwise dispose of such explosives, the fee and expenses of such inspector being paid by the owner; if the importer, owner or agent refuses or neglects to destroy or dispose of such explosive immediately in the manner approved by the inspector then the Chief Inspector may proceed to remove and destroy the said explosive at the cost and expense of the owner.
A person shall not abandon any explosive.
A person must not manufacture, keep, convey, sell or use—
(a) a model rocket engine or distress signal that is constructed in a manner that may allow the escape of an explosive substance from its casing; or
(b) a distress signal that contains a mixture of a chlorate with sulphur, a sulphide or phosphorus other than for the purpose of its means of ignition; or
(c) a distress signal that explodes wholly or in part and contains a mixture of a chlorate with aluminium or magnesium.
The owner of a distress signal that becomes outdated must deliver it for disposal—
(a) to a police station; or
(b) to a person approved by the Director.
An inspector may direct a person to produce for inspection a licence, permit or other authorisation held by the person under the Act or regulations made under the Act.
Explosives presented for storage in a Government magazine shall be subjected to such inspection, examination and analysis as the Chief Inspector may require, and explosives stored in a Government magazine shall be subjected to such periodical inspection, examination and analysis as the Chief Inspector may require; all fees, charges and costs shall be borne by the owner of the explosives.
Fees as shown in Schedule V shall be payable in respect of the matters set out in that Schedule, except that departments and instrumentalities of the South Australian Government shall be exempted from the payment of such fees.
A person shall not bring or carry into or manufacture, mix, sell, store or carry in the State of South Australia or cause or permit any person to bring or carry into, manufacture, mix, sell, store or carry in the State of South Australia any explosive which has not been classified and defined by the Chief Inspector with the consent of the Governor pursuant to section 6 of the Act, except in such quantity and under such conditions as may be permitted by the Chief Inspector.
During the loading of any explosive from a ship or boat into a Government lighter, or the unloading of any explosive into a ship or boat from a Government lighter, the explosive shall be received or delivered only by officers of the Department of Transport or of the Chief Inspector at the lighter's rails.
When a reasonable cause exists, Inspectors of Explosives, Inspectors of Mines and members of the police force may store or carry explosives or cause or permit explosives to be stored or carried otherwise than in accordance with these regulations.
The penalty for any contravention of or any failure to observe any provision of any regulation contained in this Part shall be a fine not exceeding $500.
Expiation fee: $100.
(Regulation 1.06)
3.07—3.11 (inclusive) | Occupier |
3.12(2) | Occupier |
3.13—3.15 (inclusive) | Occupier |
3.16(1) (2) | Occupier |
3.17—3.19 | Occupier |
3.20(1) (2) | Occupier |
3.21 | Occupier |
3.22(1) (2) | Occupier |
3.23—3.28 (inclusive) | Occupier |
3.29(1) (2) | Occupier |
3.30 | Occupier |
4.02 | Person mixing or using, occupier of the place |
4.03(3) | Licensee, applicant for licence |
4.07—4.12 (inclusive) | Licensee, person in charge |
4.13—4.14 (inclusive) | Licensee |
4.15 | Licensee, person in charge |
4.17—4.18 (inclusive) | Licensee |
4.19—4.26 (inclusive) | Licensee, person in charge |
4.27 | Licensee |
5.03—5.06 (inclusive) | Licensee, person in charge |
5.07 | Licensee |
6.02—6.03 (inclusive) | Owner, manufacturer |
6.04(1) (3) | Owner, manufacturer |
6.05(1) (2) | Owner |
6.06—6.09 | Owner, manufacturer |
6.10(1) (2) (3) | Owner, manufacturer |
7.02(1) | Owner, driver |
7.05 | Licensee, applicant for licence |
7.06—7.09 (inclusive) | Licensee, person in charge of vehicle or boat (as case requires) |
7.10(1) (2) (3) | Licensee, person in charge of vehicle or boat (as case requires) |
7.11 | Licensee, person in charge of vehicle |
7.12(2) (3) | Licensee, person in charge of vehicle or boat |
7.13(1) | Licensee, person in charge of vehicle |
7.13(2) | Person in charge of boat |
7.13(3) (4) (5) | Licensee, person in charge of vehicle or boat (as case requires) |
7.13(6) | Person in charge of boat |
7.13(7) (8) (9)(a) | Licensee, person in charge of vehicle or boat |
7.13(9)(b)(c) | Licensee, person in charge of vehicle |
7.13(10)(a) | Person in charge of vehicle or boat |
7.13(10)(b) | Licensee, person in charge of vehicle or boat |
7.13(11) | Licensee, person in charge of vehicle |
7.13(12) (13) (14) (15) (16) (17) | Licensee, person in charge of vehicle or boat |
7.13(18) | Person in charge of vehicle or boat |
7.13(19) | Licensee, person in charge of vehicle or boat |
7.13(20)(a) | Licensee, person in charge of vehicle |
7.13(20)(b) | Licensee, person in charge of boat |
7.13(21) (22) (23) | Licensee, person in charge of vehicle or boat |
7.14 | Licensee, person in charge of vehicle |
7.15(1) | Consignor |
7.15(2) | Consignee |
7.16 | Person in charge of vehicle or boat |
7.17 | Licensee, person in charge of vehicle or boat |
7.18 | Manager of tramway or railway |
7.19 | Consignor, person in charge of vehicle |
7.21 | Licensee, master, person in charge |
7.22 | Licensee, master, person in charge of vehicle or boat |
8.03 | Master, person in charge, owner, agent |
8.04 | Master, owner, agent, stevedore |
8.05 | Master |
8.06 | Owner, person in charge of boat |
8.07 | Master, owner, agent |
8.08(1) (2) | Master |
8.08(3) (4) (5) | Master, stevedore |
8.08(6) (7) | Stevedore |
8.08(8) | Master, person in charge |
8.08(9) (10) | Master, stevedore |
8.08(11) | Master of ship or person in charge of boat navigating in vicinity |
8.09—8.11 (inclusive) | Master, person in charge |
8.12—8.13 (inclusive) | Master, person in charge, stevedore |
8.14(a) | Master, person in charge |
8.14(b)(c) | Master, person in charge, stevedore |
8.14(d) | Master, person in charge |
8.15 | Master |
8.16 | Master, owner |
8.17 | Master, person in charge |
8.18 | Master, person in charge, owner, agent |
9.02—9.03 (inclusive) | Owner of explosives |
10.07 | Licensee, applicant for licence |
10.08—10.09 (inclusive) | Licensee |
10.12(1) | Licensee |
10.13—10.17 (inclusive) | Licensee |
10.18(1) (2) (3) | Licensee |
10.19 | Licensee |
10.21(1) (2) (3) | Licensee |
10.22 | Licensee |
10.23 | Licensee, person in charge |
10.24 | Licensee |
11.06 | Licensee |
11.08 | Licensee, applicant for licence |
11.09—11.20 (inclusive) | Licensee |
11.21(1) (2) (3) | Licensee |
11.22 | Licensee |
11.23(1) (2) (3) | Licensee |
11.24—11.26 (inclusive) | Licensee |
13.02—13.04 (inclusive) | Owner, consignee, consignor, carrier |
13.11 | Owner, consignee, consignor, carrier |
14.09 | Vendor |
14.11(1) (2) (3) (4) | Vendor |
14.11A | Vendor |
14.12 | Vendor |
15.07A | Any person |
15.07B | Owner |
Schedule A—Notice of intention to import explosives
(Regulation 13.02(b))
Schedule B—Application for licence to import explosives
(Regulation 13.05)
(Regulation 13.08)
Schedule D—Application for permit to purchase explosives
(Regulation 14.03)
(Regulation 14.07)
Schedule H—Application for licence for factory to manufacture explosives
(Regulation 3.01)
Schedule I—Factory licence to manufacture explosives
(Regulation 3.06(b))
Schedule J—Application for licence to mix and use ammonium nitrate mixture
(Regulation 4.03(1))
Schedule K—Licence to mix and use ammonium nitrate mixture
(Regulation 4.05(a))
Schedule L—Table showing quantity of explosive equivalent to 1 000 detonators
(Regulations 7.02(2), 10.09(e) and 11.07)
For the purposes of section 23(2) of the Act and of the Regulations for the carriage and for the storage of explosives, 1 000 detonators shall be taken as equivalent to quantities of explosives shown in the following table, and the equivalents of other numbers of detonators shall be calculated in proportion.
No. 3 | 6 | No. 7 | 13 |
No. 4 | 7 | No. 8 | 16 |
No. 5 | 8 | No. 9 | 18 |
No. 6 | 9 | No. 10 | 20 |
Schedule M—Application for licence to carry explosives
(Regulation 7.03(b))
(Regulation 7.04(3))
Schedule O—Permission for ship to enter prohibited area
(Section 31 of Act)
Schedule P—Application for licence for keeping explosives on premises
(Regulation 10.03)
Schedule Q—Licence for keeping explosives on premises
(Regulation 10.05)
Schedule R—Application for licence for keeping explosives in magazine
(Regulation 11.02)
(Regulation 11.02)
Schedule S—Licence for keeping explosives in magazine
(Regulation 11.04(2))
Schedule T—Tables of safety distance for magazines
(Regulations 11.01, 11.05, 11.06(a))
In this
Schedule, the term
The Safety Distance required for buildings containing explosives to achieve the necessary degree of safety depends upon the following three factors:
(a) The type of risk appropriate to the explosive; and
(b) The weight of explosive in the building; and
(c) Whether effective mounds or screens are provided.
In regard to (a) all authorised explosives are given a category by the Director which is dependent on their potential risks. The categories are—
Category X—Explosives having fire or slight explosion risk or both with only local effect.
Category Y—Explosives having mass fire risk, or moderate explosion risk, but not mass explosion risk.
Category Z—Explosives having a mass explosion risk with serious missile effect.
Category ZZ—Explosives having a mass explosion risk with minor missile effect.
In regard to (c), a protected work may be considered mounded if a mound or screen exists such that straight lines drawn from all points of the protected work to all points of the magazine will pass through the mound or screen. A natural hill may serve as a mound or screen.
50 | 10 | 10 | 10 | 10 | 12 | 12 | 18 | 50 | ||||||||||||||
100 | 10 | 10 | 10 | 12 | 12 | 16 | 22 | 100 | ||||||||||||||
200 | 10 | 10 | 10 | 14 | 12 | 19 | 27 | 200 | ||||||||||||||
300 | 10 | 10 | 10 | 17 | 12 | 22 | 31 | 300 | ||||||||||||||
400 | 10 | 11 | 10 | 19 | 12 | 24 | 33 | 400 | ||||||||||||||
500 | 10 | 13 | 10 | 20 | 12 | 26 | 36 | 500 | ||||||||||||||
1 000 | 10 | 15 | 11 | 25 | 12 | 32 | 57 | 1 000 | ||||||||||||||
1 500 | 11 | 16 | 11 | 28 | 16 | 36 | 73 | 1 500 | ||||||||||||||
2 000 | 13 | 17 | 12 | 31 | 20 | 40 | 86 | 2 000 | ||||||||||||||
2 500 | 14 | 18 | 12 | 33 | 22 | 44 | 97 | 2 500 | ||||||||||||||
3 000 | 15 | 19 | 13 | 35 | 23 | 46 | 107 | 3 000 | ||||||||||||||
4 000 | 17 | 20 | 13 | 38 | 25 | 51 | 123 | 4 000 | ||||||||||||||
5 000 | 18 | 22 | 14 | 41 | 26 | 55 | 135 | 5 000 | ||||||||||||||
7 500 | 20 | 25 | 16 | 48 | 27 | 63 | 159 | 7 500 | ||||||||||||||
10 000 | 22 | 28 | 17 | 52 | 27 | 69 | 177 | 10 000 | ||||||||||||||
15 000 | 24 | 33 | 20 | 59 | 28 | 79 | 205 | 15 000 | ||||||||||||||
20 000 | 25 | 38 | 22 | 66 | 28 | 87 | 226 | 20 000 | ||||||||||||||
25 000 | 26 | 42 | 25 | 71 | 28 | 94 | 243 | 25 000 | ||||||||||||||
30 000 | 27 | 45 | 27 | 75 | 28 | 100 | 260 | 30 000 | ||||||||||||||
40 000 | 28 | 51 | 30 | 82 | 28 | 109 | 286 | 40 000 | ||||||||||||||
50 000 | 28 | 55 | 33 | 89 | 28 | 117 | 308 | 50 000 | ||||||||||||||
* If approved by an inspector, magazines may be situated not less than twice these distances apart if unmounded. Magazines may be situated at twice these distances from small quarry offices and plant if unmounded. | ||||||||||||||||||||||
50 | 8 | 12 | 23 | 16 | 24 | 24 | 183 | 145 | 50 | |||||||||||
100 | 10 | 15 | 23 | 19 | 30 | 33 | 183 | 183 | 100 | |||||||||||
200 | 11 | 19 | 26 | 22 | 38 | 51 | 183 | 230 | 200 | |||||||||||
300 | 13 | 22 | 34 | 26 | 43 | 68 | 183 | 264 | 300 | |||||||||||
400 | 15 | 24 | 42 | 29 | 47 | 82 | 183 | 292 | 400 | |||||||||||
500 | 16 | 26 | 47 | 31 | 51 | 95 | 183 | 320 | 500 | |||||||||||
1 000 | 18 | 33 | 75 | 36 | 63 | 150 | 183 | 397 | 1 000 | |||||||||||
1 500 | 19 | 37 | 96 | 39 | 73 | 191 | 191 | 442 | 1 500 | |||||||||||
2 000 | 20 | 41 | 114 | 41 | 81 | 226 | 226 | 494 | 2 000 | |||||||||||
2 500 | 21 | 44 | 129 | 42 | 87 | 257 | 257 | 540 | 2 500 | |||||||||||
3 000 | 22 | 47 | 142 | 44 | 92 | 284 | 284 | 573 | 3 000 | |||||||||||
4 000 | 23 | 51 | 164 | 45 | 101 | 327 | 327 | 628 | 4 000 | |||||||||||
5 000 | 24 | 55 | 180 | 47 | 108 | 360 | 360 | 677 | 5 000 | |||||||||||
7 500 | 25 | 63 | 212 | 49 | 125 | 424 | 424 | 772 | 7 500 | |||||||||||
10 000 | 26 | 69 | 237 | 51 | 138 | 470 | 470 | 853 | 10 000 | |||||||||||
15 000 | 27 | 79 | 273 | 54 | 158 | 546 | 546 | 982 | 15 000 | |||||||||||
20 000 | 28 | 87 | 302 | 56 | 171 | 601 | 601 | 1 082 | 20 000 | |||||||||||
25 000 | 29 | 93 | 321 | 58 | 186 | 650 | 650 | 1 164 | 25 000 | |||||||||||
30 000 | 30 | 99 | 342 | 59 | 199 | 689 | 689 | 1 235 | 30 000 | |||||||||||
40 000 | 31 | 109 | 381 | 61 | 218 | 762 | 762 | 1 356 | 40 000 | |||||||||||
50 000 | 32 | 118 | 409 | 62 | 235 | 817 | 817 | 1 448 | 50 000 | |||||||||||
75 000 | 33 | 136 | 470 | 65 | 269 | 940 | 940 | 1 676 | 75 000 | |||||||||||
100 000 | 35 | 148 | 519 | 67 | 295 | 1 034 | 1 034 | 1 829 | 100 000 | |||||||||||
(Regulations 7.13(3), 7.13(4)(b), 7.13(5), 7.13(6)(b))
A box for the carriage of explosives in a vehicle or a boat shall be—
1 Strongly constructed of tongue and groove timber at least 20 mm thick or of wooden sheets at least 12 mm thick (see sketches below);
2 Sheathed outside with flat galvanised iron;
3 Fitted with one or more locks;
4 Marked with the word "EXPLOSIVES" painted conspicuously in red on a white background;
5 Secured firmly in the vehicle when being used for the carriage of explosives;
6 Fitted with lugs or rings if ropes are to be used to secure it in the vehicle;
7 Used only for the carriage of explosives.
Instead of using hinges, the door may be held in place by two metal pegs attached to the bottom of the door and fitting into corresponding holes in metal plates fastened to the base of the box as shown above.
1The actual size of the box will depend on the number and size of cases to be conveyed.
2The box is to be completely covered on the outside with plain galvanised iron or approved non-ferrous metal. Hinges, catches and other fittings to be of approved non-ferrous metal.
3The interior is to be free from exposed iron or steel. All nails, screws and other fastenings used inside are to be countersunk and puttied over.
4Door may be a lid instead of on side, if desired.
5Close stowage to avoid undue movement of cases within the box is essential. If necessary, suitable wooden wedges or other approved means should be used for this purpose.
(Section 52, regulation 15.09)
Fee for— | ||
| $152.00 | |
| $86.50 | |
Licence fee for a factory to manufacture explosives | $280.00 | |
Licence to mix and use Ammonium Nitrate mixture of Classification Code 1.1D— | ||
| $51.50 | |
| $131.00 | |
Licence fee for a carrier to carry— | ||
| $32.75 | |
| $51.50 | |
| $56.00 | |
| $164.00 | |
Licence fee for storing explosives on premises in which the quantity of explosives to be stored— | ||
| $51.50 | |
| $94.00 | |
(1) | Licence fee for portable magazine in which the quantity of explosive to be stored— | |
| $112.00 | |
| $328.00 | |
| $568.00 | |
(2) | Licence fee for any other magazine in which the quantity of explosive to be stored— | |
| $164.00 | |
| $284.00 | |
Licence fee to import explosives— | ||
| $56.00 | |
| $94.00 | |
Fee for— | ||
| $34.00 | |
| $34.00 | |
| $34.00 | |
| $34.00 | |
| $34.00 | |
| $34.00 | |
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The
Explosives Regulations 1996 were revoked by Sch W cl 1 of theExplosives Regulations 2011 on 1.9.2011.
Legislation revoked by principal regulations The
Explosives Regulations 1996 revoked the following:
All regulations previously made under the Explosives Act 1936
Principal regulations and variations
Year
No
Reference
Commencement
1996
186
Gazette 15.8.1996 p578 1.9.1996: r 2
1997
91
Gazette 13.5.1997 p1889 1.7.1997: r 2
1998
142
Gazette 11.6.1998 p2558 1.7.1998: r 2
1999
96
Gazette 27.5.1999 p2893 1.7.1999: r 2
1999
121
Gazette 24.6.1999 p3273 24.6.1999: r 2
2000
110
Gazette 25.5.2000 p2816 1.7.2000: r 2
2001
108
Gazette 31.5.2001 p2075 1.7.2001: r 2
2001
244
Gazette 22.11.2001 p5112 1.12.2001: r 2
2002
109
Gazette 20.6.2002 p2628 1.7.2002: r 2
2003
129
Gazette 29.5.2003 p2343 1.7.2003: r 2
2003
147
Gazette 12.6.2003 p2500 12.6.2003: r 2
2004
110
Gazette 27.5.2004 p1644 1.7.2004: r 2
2005
89
Gazette 26.5.2005 p1489 1.7.2005: r 2
2006
14
Gazette 25.1.2006 p357 Sch 2 (cll 2—9)—25.7.2006: r 2
2006
93
Gazette 15.6.2006 p1734 1.7.2006: r 2
2007
116
Gazette 7.6.2007 p2454 1.7.2007: r 2
2008
101
Gazette 5.6.2008 p2055 1.7.2008: r 2
2009
150
Gazette 4.6.2009 p2640 1.7.2009: r 2
2010
114
Gazette 10.6.2010 p2910 1.7.2010: r 2
2010
168
Gazette 1.7.2010 p3361 Pt 3 (r 5)—1.7.2010: r 2
2011
114
Gazette 9.6.2011 p2224 1.7.2011: r 2
Provisions varied Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
rr 1.02 and 1.03
omitted under the Legislation Revision and Publication Act 2002
1.7.2004
r 1.04
deleted by 244/2001 r 3
1.12.2001 r 1.05
distress signal
inserted by 244/2001 r 4
1.12.2001
firework
inserted by 244/2001 r 4
1.12.2001
general use firework
inserted by 244/2001 r 4
1.12.2001
indoor firework
inserted by 244/2001 r 4
1.12.2001
security sensitive substance
inserted by 14/2006 Sch 2 cl 2
25.7.2006
r 1.06
r 1.06(1)—(6)
varied and schedule relocated by 147/2003 Sch 1
12.6.2003
Pt 3
r 3.001
inserted by 14/2006 Sch 2 cl 3
25.7.2006
Pt 4
r 4.13
substituted by 147/2003 Sch 1
12.6.2003
Pt 6
r 6.001
inserted by 14/2006 Sch 2 cl 4
25.7.2006
r 6.10
r 6.10(2)
varied by 168/2010 r 5
1.7.2010
Pt 7
r 7.001
inserted by 14/2006 Sch 2 cl 5
25.7.2006
r 7.13(A1)
contents before r 7.13(1) varied and redesignated as subregulation (A1) by 147/2003 Sch 1
12.6.2003
r 7.13
r 7.13(1)
(a) varied and redesignated as subregulation (1) by 147/2003 Sch 1
12.6.2003
r 7.13(1a)
(b) varied and redesignated as subregulation (1a) by 147/2003 Sch 1
12.6.2003
r 7.13(9)
(a) redesignated as subregulation (9) by 147/2003 Sch 1
12.6.2003
r 7.13(9a)
(b) redesignated as subregulation (9a) by 147/2003 Sch 1
12.6.2003
r 7.13(9b)
(c) varied and redesignated as subregulation (9b) by 147/2003 Sch 1
12.6.2003
r 7.13(9c)
(d) varied and redesignated as subregulation (9c) by 147/2003 Sch 1
12.6.2003
r 7.13(10)
(a) redesignated as subregulation (10) by 147/2003 Sch 1
12.6.2003
r 7.13(10a)
(b) redesignated as subregulation (10a) by 147/2003 Sch 1
12.6.2003
r 7.13(16)
(a) redesignated as subregulation (16) by 147/2003 Sch 1
12.6.2003
r 7.13(16a)
(b) redesignated as subregulation (16a) by 147/2003 Sch 1
12.6.2003
r 7.13(16b)
(c) redesignated as subregulation (16b) by 147/2003 Sch 1
12.6.2003
r 7.13(20)
(a) redesignated as subregulation (20) by 147/2003 Sch 1
12.6.2003
r 7.13(20a)
(b) redesignated as subregulation (20a) by 147/2003 Sch 1
12.6.2003
Pt 8
r 8.19
deleted by 121/1999 r 3
24.6.1999 Pt 10
r 10.001
inserted by 14/2006 Sch 2 cl 6
25.7.2006
r 10.09
varied by 244/2001 r 6(a)
1.12.2001
r 10.09
(b) and (c) deleted by 244/2001 r 6(b)
1.12.2001
Pt 11
r 11.001
inserted by 14/2006 Sch 2 cl 7
25.7.2006
Pt 13
r 13.001
inserted by 14/2006 Sch 2 cl 8
25.7.2006
Pt 14
heading
varied by 244/2001 r 7
1.12.2001
r 14.001
varied by 14/2006 Sch 2 cl 9
25.7.2006
Div 1
heading deleted by 244/2001 r 8
1.12.2001
r 14.001
inserted by 244/2001 r 9
1.12.2001
r 14.02
r 14.02(1)
varied by 244/2001 r 10(a)
1.12.2001
r 14.02(3)
deleted by 244/2001 r 10(b)
1.12.2001 r 14.10
(e) deleted by 244/2001 r 11
1.12.2001
r 14.11
r 14.11(1)
varied by 244/2001 r 12(a)
1.12.2001
r 14.11(4)
deleted by 244/2001 r 12(b)
1.12.2001 r 14.12
varied by 89/2005 r 4
1.7.2005
Div 2
deleted by 244/2001 r 13
1.12.2001 Div 3
heading deleted by 244/2001 r 13
1.12.2001
rr 14.20—14.34
deleted by 244/2001 r 13
1.12.2001 rr 15.07A—15.07C
inserted by 244/2001 r 14
1.12.2001
Pt 16
heading deleted by 147/2003 Sch 1
12.6.2003
Sch AA
Sch varied by 244/2001 r 5
1.12.2001
heading varied and Sch redesignated as Sch AA and relocated before Sch A by 147/2003 Sch 1
12.6.2003
Schs A—C
headings substituted by 147/2003 Sch 1
12.6.2003
Sch D
varied by 244/2001 r 15(a), (b)
1.12.2001
heading substituted by 147/2003 Sch 1
12.6.2003
Sch E
varied by 244/2001 r 15(c)
1.12.2001
heading substituted by 147/2003 Sch 1
12.6.2003
Schs F and G
deleted by 244/2001 r 15(d)
1.12.2001 Schs H—P
headings substituted by 147/2003 Sch 1
12.6.2003
Sch P
varied by 147/2003 Sch 1
12.6.2003
Schs Q—U
headings substituted by 147/2003 Sch 1
12.6.2003
Sch V
substituted by 91/1997 r 3
1.7.1997
varied by 142/1998 r 3
1.7.1998
substituted by 96/1999 r 3
1.7.1999
substituted by 110/2000 r 3
1.7.2000
substituted by 108/2001 r 3
1.7.2001
varied by 244/2001 r 15(e)
1.12.2001
substituted by 109/2002 r 3
1.7.2002
substituted by 129/2003 r 4
1.7.2003
substituted by 110/2004 r 4
1.7.2004
varied by 89/2005 r 5
1.7.2005
substituted by 93/2006 r 4
1.7.2006
substituted by 116/2007 r 4
1.7.2007
substituted by 101/2008 r 4
1.7.2008
substituted by 150/2009 r 4
1.7.2009
substituted by 114/2010 r 4
1.7.2010
substituted by 114/2011 r 4
1.7.2011
Transitional etc provisions associated with regulations or variations
Explosives (Security Sensitive Substances) Regulations 2006 (No 14 of 2006), Sch 2 10 Current licences and permits relating to security sensitive substances
(1) These regulations apply to a licence relating to a security sensitive substance that was in force immediately before the commencement of this clause.
(2) A permit relating to a security sensitive substance that was in force under the
Explosives Regulations 1996 immediately before the commencement of this clause will be taken to be a permit issued under these regulations (and will expire on the date on which the permit would have expired under theExplosives Regulations 1996 ).(3) If there is a conflict between the conditions of such a licence or a permit as in force immediately before the commencement of this clause and the conditions imposed by these regulations, the conditions imposed by these regulations prevail.
Historical versions
1.7.2004
1.7.2005
1.7.2006 (electronic only)
25.7.2006
1.7.2007
1.7.2008
1.7.2009
1.7.2010
0
0
0