Explosives Regulations (Amendment) (Cth)

STATUTORY RULES.

1954. No. 34

REGULATIONS UNDER THE EXPLOSIVES ACT 1952.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Explosives Act 1952.

Dated this  eighth

day of  April , 1954.

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

Amendments of the Explosives Regulations. 

1. Regulation 4 of the Explosives Regulations is repealed and the following regulation inserted in its stead:—

Application of Regulations.

“4. These Regulations and orders made under these Regulations do not apply to or in relation to—

(a) the handling of explosives in a place—

(i) which is permanently occupied by, or by a part of, the Defence Force or on lands on which the Defence Force, or a part of the Defence Force, is authorized to enter under section 69 of the Defence Act 1903-1953;

(ii) where explosives are manufactured; or

(iii) which is declared by the Minister in writing to be a place to which these Regulations do not apply; or

(b) the transport by road between a place where a part of the Defence Force is encamped and a place where the training of that part of the Defence Force is carried out, on a vehicle or vehicles forming part of the equipment of that part of the Defence Force, of explosives to be used for the purposes of that training.”.

Appointment of supervisors.

2. Regulation 6 of the Explosives Regulations is amended—

(a) by inserting after paragraph (a)of sub-regulation (2.) the following paragraph:—

“(ab)have a copy of these Regulations in his possession at all times during the carrying out of the operation which he is appointed to supervise;”; and

* Notified in the Commonwealth Gazette on , 1954

 Statutory Rules 1953, No. 69.

574.—Price 5d. 9/4.3.1954.

(b)by adding at the end thereof the following sub-regulation:—

“(3.) A person shall not—

(a)load on to, or unload from, a vehicle goods consisting of Commonwealth explosives or carry out or perform any operation incidental to, or arising out of, the loading on to, or the unloading from, a vehicle of goods consisting of Commonwealth explosives; or

(b) handle goods consisting of Commonwealth explosives at a port,

unless a supervisor has been appointed under sub-regulation (1.) of this regulation to supervise that loading, unloading or other operation or handling.”.

Definitions.

3. Regulation 8 of the Explosives Regulations is amended by omitting the definition of “waggon-type vehicle”.

4. After regulation 8 of the Explosives Regulations the following regulation is inserted:—

Application of Part.

“8a. This Part and orders made in relation to the transport by road of goods consisting of Commonwealth explosives do not apply to or in relation to the handling of a quantity of goods consisting of Commonwealth explosives included in a Group specified in the first column of the following table if the net weight of the goods is less than the weight shown opposite to the Group in the second column of that table:—

Group.	Weight
	(in pounds).
1............................................................................................................................	5
2............................................................................................................................	5
3............................................................................................................................	100
4............................................................................................................................	30
5............................................................................................................................	150
6............................................................................................................................	150
7............................................................................................................................	25
7a.........................................................................................................................	90
8............................................................................................................................	90
9............................................................................................................................	60
10...........................................................................................................................	5
11...........................................................................................................................	30
12...........................................................................................................................	30
13...........................................................................................................................	1
15...........................................................................................................................	1.”.

Attendants.

5. Regulation 9 of the Explosives Regulations is amended—

(a) by omitting from sub-regulations (1.) and (2.) the words

“the supervisor, if any, of that transportation” and inserting in their stead the words “the supervisor of the transportation, or, if there is no supervisor of the transportation, the supervisor of the loading of the goods,”; and

(b)by inserting in sub-regulations (1.) and (2.), after the word “driver”, the words “in an emergency”.

6. Regulations 11 and 12 of the Explosives Regulations are repealed and the following regulations inserted in their stead:—

Vehicles on which explosives to be loaded.

“11.—(1.) Subject to the next succeeding sub-regulation, the supervisor of the loading of goods consisting of Commonwealth explosives shall not permit those goods to be loaded on to a vehicle other than a specially adapted vehicle.

 “(2.) If a specially adapted vehicle is not available, the supervisor may, subject to the next succeeding sub-regulation, permit the goods to be loaded—

(a) on to an approved vehicle; or

(b)if an approved vehicle is not available—on to an approved trailer.

“(3.) Goods consisting of Commonwealth explosives included in Group 1 or 2 shall not be loaded on to an approved vehicle or an approved trailer unless the net weight of the goods is five hundred pounds or less.

Loading of explosives in Groups 1, 2, 3 or 4.

“12. Goods consisting of Commonwealth explosives included in Group 1, 2, 3 or 4 shall not be loaded on to a vehicle unless the goods are packed in a container specially designed for the carriage of those goods or in a container of a kind known by any of the following names:—

Box, ammunition, C.190.

Box, ammunition, Cal. 50M2 for Cordite Samples only.

Case, magazine.

Case, powder.

Case, transport, detonators.

Case, transport, explosives.

Cylinder, transport, detonators.

Magazine, portable (Aust.).”.

7. Regulations 19 and 20 of the Explosives Regulations are repealed and the following regulations inserted in their stead:—

Securing of load.

“19. Immediately after goods consisting of Commonwealth explosives have been loaded on to a vehicle, the goods shall be properly secured on the vehicle and protected against damage or theft.

Offences.

“20. Where a requirement of regulation 12, 13, 14, 15, 16, 17 or 18 of these Regulations, or of the last preceding regulation, is not complied with in relation to the loading of goods consisting of Commonwealth explosives on to a vehicle, the supervisor of the loading and the driver of the vehicle shall each be deemed to have contravened a provision of these Regulations.”.

Route.

8. Regulation 21 of the Explosives Regulations is amended by adding at the end thereof the words “or pass along a street or road which carries an electric tramway”.

9. Regulation 22 of the Explosives Regulations is repealed and the following regulation inserted in its stead:—

Compulsory halts.

“22.—(1.) Where goods consisting of Commonwealth explosives are being transported on a vehicle by road and, on a particular day, the distance to be travelled is greater than fifteen miles, the vehicle shall be halted for a period of ten minutes in the first available area in which there are no adjacent buildings—

(a) after the vehicle has travelled the first ten miles on that day; and

(b)at the end of each one hundred minutes of travelling during that day subsequent to that first halt.

“(2.) Where a vehicle in which goods consisting of Commonwealth explosives are being transported by road is not halted as required by the last preceding sub-regulation, the supervisor, if any, of the transportation and the driver of the vehicle shall each be deemed to have contravened a provision of these Regulations.”.

Major defects.

10. Regulation 25 of the Explosives Regulations is amended by adding at the end of paragraph (b)of sub-regulation (2.) the words “and advised of the nature of the load and of the hazards involved”.

Refuelling.

11. Regulation 28 of the Explosives Regulations is amended—

(a) by omitting the words “the driver of the vehicle” and inserting in their stead the words “a person”; and

(b) by inserting in paragraph (d), after the word “extinguisher”, the words “suitable for use on a petrol or an oil fire”.

12. Regulation 29 of the Explosives Regulations is repealed and the following regulation inserted in its stead:—

Distance between loaded vehicles.

“29. The driver of a moving vehicle on which goods consisting of Commonwealth explosives are loaded shall not bring that vehicle within a distance of seventy-five yards of any other moving vehicle on which goods consisting of explosives are loaded.”.

13. Regulation 31 of the Explosives Regulations is repealed and the following regulation inserted in its stead:—

Level crossings.

“31.—(1.) The driver of a single vehicle on which goods consisting of Commonwealth explosives are being transported, and the driver of the first vehicle of a convoy in which goods consisting of Commonwealth explosives are being transported, shall not drive the vehicle across a railway level crossing unless the vehicle is first halted so that the distance between the railway rail nearest to the vehicle and that part of the vehicle nearest to that rail is less than forty feet and more than ten feet.

“(2.) The driver of any vehicle on which goods consisting of Commonwealth explosives are being transported shall not—

(a) drive the vehicle across a railway level crossing unless the supervisor, if any, of the transportation, or an attendant, has, after proceeding on foot to a point at which he can clearly observe and satisfy himself that there is no danger from an approaching train or other railway vehicle, signalled the vehicle across; or

(b)except in an emergency, change gear while driving the vehicle over a railway level crossing or while any part of the vehicle is within ten feet of a railway line at that crossing.”.

14. Regulations, 38 and 39 of the Explosives Regulations are repealed and the following regulation is inserted in their stead:—

Attention of drivers and attendants to be drawn to certain matters.

“39. Where goods consisting of Commonwealth explosives are to be transported by road, the supervisor of the transportation, or, if there is no supervisor of the transportation, the supervisor of the loading

of the goods, shall satisfy himself that the attention of each driver of, and of each attendant travelling on, a vehicle on which the goods are to be transported has been drawn—

(a) to the provisions of these Regulations;

(b) to the number of the Group of explosives in which the explosives comprising those goods is included;

(c) to the probable effect of fire on the load; and

(d) to the proper action to be taken in the event of damage to, or spillage from, the load.”.

15. Regulation 41 of the Explosives Regulations is repealed and the following regulation inserted in its stead:—

Measures to be taken after unloading completed.

“41. After goods consisting of Commonwealth explosives have been unloaded from a vehicle the supervisor of the unloading shall—

(a) cause that part of the vehicle in which the goods were carried to be thoroughly cleaned; and

(b) cause to be removed from the vehicle any signboard which would lead to the belief that the vehicle was loaded with explosives.”.

16. Regulation 61 of the Explosives Regulations is repealed and the following regulation inserted in its stead:—

Explosives in damaged containers and spilled explosives.

“61. Where goods consisting of Commonwealth explosives are in a damaged container or have spilled from a container, a person handling those goods shall comply with any directions relating to the handling of explosives in damaged containers or spilled explosives given to him, whether in writing or otherwise and whether before or after the damage or spillage is discovered, by the supervisor of the handling or, if the goods are being transported by road and there is no supervisor of the transportation, by the supervisor of the loading of the goods.”.

First Schedule.

17. The First Schedule to the Explosives Regulations is amended—

(a) by omitting from the list of explosives set out under the heading “Group 3” the word and figures “Composition R.D. 2468.”;

(b) by inserting at the end of the list of explosives set out under the heading “Group 4” the word “Tritonal.”;

(c) by omitting the list of explosives set out under the heading “Group 6” and inserting in its stead the following list:—

“Adapters, booster.

Adapters, exploder.

Adapters, ‘K’.

Boxes, junction.

Bursters, bomb.

Bursters, mine.

Capsules, delay.

Cartridges, ejection.

Cartridges, electric.

Cartridges, engine starter.

Cartridges, impulse, torpedo, cordite.

Cartridges, impulse, torpedo, gunpowder.

Cartridges, lowering under-carriage.

Cartridges, M.L., depth charge thrower.

Cartridges, percussion.

Cartridges, Q.F., H.E.

Cartridges, Q.F., practice.

Cartridges, Q.F., radar echo.

Cartridges, Q.F., shrapnel.

Cartridges, Q.F., shot.

Cartridges, Q.F., star.

Cartridges, Q.F., separate.

Cartridges, Q.F., separate gunpowder.

Cartridges, S.A., H.E.

Cartridges, S.A., H.E./1.

Cartridges, S.A., incendiary.

Charges, cased.

Ejectors, contents.

Ejectors, electric.

Ejectors, flare.

Floats, signal.

Fuse, instantaneous.

Fuses.

Gaines.

Heads, rocket, radar echo.

Heads, T-cutters.

Igniters, electric.

Igniters, fuse.

Igniters, shell.

Initiators, thermal.

Motors, rocket.

Primer detonators.

Primers, electric.

Primers, electric and percussion.

Primers, percussion.

Projectiles, hedgehog, weighted.

Projectiles, practice, hedgerow.

Puffs, powder, with igniter.

Relays, electric.

Sets, fusing.

Shell, flare (boxed).

Shell, H.E. (boxed).

Shell, practice (boxed).

Shell, radar echo (boxed).

Shell, shrapnel (boxed).

Shell, star (boxed).

Shot, with tracer.

Switches.

Tubes, electric.

Tubes, friction.

Tubes, percussion.”; and

(d) by omitting the list of explosives set out under the heading “Group 10” and inserting in its stead the following list:—

“Barium styphnate, dry 1 oz. sample.

Barium styphnate, wet.

Composition, initiating, R.D., dry 1 oz. sample.

Detonators.

Detonator bursters.

Fulminate of Mercury, wet.

Fulminate of Mercury, dry 1 oz. sample.

Fuse, mine, A.Tk. No. 3.

Lead azide, wet or dry 1 oz. sample.

Lead styphnate, dry 1 oz. sample.

Lead styphnate, wet.

Simulators, R.F. or M.G.

Sleeves, fuse.”.

Second Schedule.

18. The Second Schedule to the Explosives Regulations is amended—

(a)by omitting paragraphs 5 and 6 of Part II. and inserting in their stead the following paragraph:—

“5. The motor of the vehicle shall not be driven by a fuel other than—

(a) petrol; or

(b) oil fuel of a type which does not give off an inflammable vapour at a temperature of less than 150° Fahrenheit.”;

(b) by omitting paragraph 8 of Part II.;

(c) by omitting paragraph 1 of Part III. and inserting in its stead the following paragraph:—

“1. The cabin of the vehicle shall be separated from that part of the vehicle which carries the load by a fire resistant screen which—

(a)shall extend at least six inches below the floor of the cabin or the floor of that part of the vehicle which carries the load, whichever is the lower; and

(b) shall be at least four inches from that part of the vehicle which carries the load.”;

(d)by omitting paragraphs 5, 6 and 7 of Part III. and inserting in their stead the following paragraphs:—

“5. Any part of the vehicle, or of the fittings on the vehicle, which is constructed of wood shall be treated so as to render it as nearly non-inflammable as possible.

“6. In the case of van-type vehicles there shall be no opening, other than a close-fitting door, in that part of the vehicle which carries the load.

“7. The motor of the vehicle shall not be driven by a fuel other than—

(a) petrol; or

(b) oil fuel of a type which does not give off an inflammable vapour at a temperature of less than 150°

Fahrenheit.”;

(e) by omitting paragraph 9 of Part III.; and

(f) by omitting Part IV.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.