Australian Capital Territory Consolidated Regulations

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DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATION 2004 - REG 106

Carrying licence conditions—Act, s 53 (2) (b)

    (1)     The following conditions apply to a carrying licence for an explosive:

        (a)     the explosive must be an authorised explosive;

        (b)     the licensee must ensure that the only vehicles used for carrying the explosive under the licence are approved vehicles;

        (c)     the licensee must ensure that the explosive is carried only for the purpose stated in the licence;

        (d)     the licensee must establish and maintain a safety management system (including an emergency plan) for the carrying of the explosive under the licence;

        (e)     anyone who handles the explosive or another dangerous substance under the licence must have the appropriate skills and training, including training in the requirements of the Australian Explosives Code as applied for this part;

        (f)     the licensee must ensure that—

              (i)     the security plan for the licence is implemented; and

              (ii)     a copy of the plan is available for inspection in each vehicle used for carrying the explosive under the licence;

        (g)     the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the explosive;

        (h)     the licensee must apply to the director-general to amend the licence if the licensee proposes to—

              (i)     add someone to, or remove someone from, the licence as a security cleared responsible person; or

              (ii)     change the name stated in the licence of a security cleared responsible person;

Note     Licence amendments are made under the Act, s 58.

              (i)     the licensee must—

              (i)     comply with the obligations imposed on the licensee under this part; and

              (ii)     ensure that this part is complied with in relation to the carrying of the explosive under the licence.

Note 1     A licence is also subject to any conditions included in the licence by the director-general (see the Act, s 53 (2) (a)).

Note 2     A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).

    (2)     In this section:

"approved" vehicle means a vehicle stated in the licence, or in an interstate explosives carrying authority, that meets the requirements of the Australian Explosives Code in relation to the category of load (within the meaning of the code) carried by the vehicle.



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