New South Wales Consolidated Regulations

EXPLOSIVES REGULATION 2005

- Made under the Explosives Act 2003
- As at 9 November 2007
- Reg 527 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Prescription of explosives
   5.      Prescription of explosive precursors
   6.      Director-General of Department of Primary Industries is regulatory authority for coal workplaces and mining workplaces
   7.      Persons to co-operate to discharge duties

   PART 2 - AUTHORISED AND PROHIBITED EXPLOSIVES

   8.      Authorised explosives
   9.      Handling unauthorised explosives prohibited
   10.     Falsely representing explosives as authorised
   11.     Application to have explosives registered as authorised

   PART 3 - CLASSIFICATION OF EXPLOSIVES

   12.     Hazard divisions
   13.     Detonators of Classification Code 1.4
   14.     Classification of articles

   PART 4 - LICENCES

           Division 1 - Activities requiring licences

   15.     Activities requiring licences

           Division 2 - Types of licences

   16.     Types of licences
   17.     Licence to manufacture
   18.     Licence to import
   19.     Licence to supply
   20.     Licence to transport by vehicle
   21.     Licence to transport by vessel
   22.     Licence to store
   23.     Blasting explosives learner’s licence
   24.     Blasting explosives user’s licence
   25.     Pyrotechnician’s licence and fireworks (single use) licence
   26.     Licence to use security sensitive dangerous substances
   27.     Unsupervised handling licence

           Division 3 - Licence provisions

   28.     Licence to specify type and class of explosive or explosive precursor authorised to be handled and may specify other matters

           Division 4 - Applications for licences

   29.     Applications for licences

           Division 5 - Requirements for obtaining licences

   30.     General requirements for obtaining a licence under the Act
   31.     Additional requirements for obtaining licence to transport by vehicle
   32.     Additional requirements for obtaining blasting explosives user’s licence
   33.     Additional requirements for obtaining blasting explosives learner’s licence
   34.     Additional requirements for obtaining pyrotechnician’s licence
   35.     Additional requirements for obtaining fireworks (single use) licence
   36.     Additional requirements for licences relating to security sensitive dangerous substances
   37.     Additional requirements for obtaining unsupervised handling licence

           Division 6 - Licence conditions

   38.     Licensee to remain at all times eligible to be granted a licence
   39.     Loss or theft of explosives or explosive precursors to be reported
   40.     Licence to manufacture
   41.     Notification of importation of explosives or explosive precursors
   42.     Notification of export of explosives or explosive precursors
   43.     Licensed suppliers to supply only to authorised persons
   44.     Display and advertising
   45.     Consignment of explosives and explosive precursors
   46.     Licence to transport by vehicle
   47.     Blasting explosives user’s licence
   48.     Pyrotechnician’s licence
   49.     Fireworks (single use) licence

           Division 7 - Exceptions from requirement to hold licence

   50.     General exceptions
   51.     Certain exceptions for ammunition
   52.     Licence to import-exceptions
   53.     Possession and storage of certain explosives-emergency service
   54.     Inspectors
   55.     Police bomb disposal
   56.     Licence to transport by vehicle or vessel-exceptions
   57.     Licence to transport by vehicle-exceptions
   58.     Licence to transport by vessel-exceptions
   59.     Licence to use security sensitive dangerous substances-exception

           Division 8 - Miscellaneous

   60.     Training blasting explosives learners
   61.     Licences under corresponding laws
   62.     Licence fees
   63.     Evidence of licence to be produced

   PART 5 - SPECIFIC CONTROL MEASURES

           Division 1 - General

   64.     Security plan
   65.     No unsupervised access to explosives or explosive precursors by unauthorised persons
   66.     Emergency plan
   67.     Responsibility of persons possessing explosives or explosive precursors
   68.     Misuse of explosives and explosive precursors
   69.     Interference with signs and labels
   70.     Handling of explosives and explosive precursors in certain work
   71.     Fire hazards-general
   72.     Entry to a place specified in a licence to manufacture or licence to store explosives or explosive precursors
   73.     Unauthorised use of distress signals
   74.     Prohibition on retail sale of distress signals, power device cartridges or ammunition
   75.     Serious incidents involving explosives
   76.     Explosives to be manufactured only in purpose designed and constructed buildings and areas
   77.     Storage of certain detonators
   78.     Storage or transport of explosives of more than one hazard division together
   79.     Explosives to be packaged and marked in accordance with the Australian Explosives Code
   80.     Keeping explosives in magazines
   81.     Storage and setting of explosives

           Division 2 - Provisions relating to transport of explosives

   82.     Compliance with the Australian Explosives Code
   83.     Compliance with duties in Australian Explosives Code
   84.     Avoidance of fire and other risks
   85.     Stationary vehicles deemed to be transporting explosives
   86.     Prohibition on transport of explosives by vehicles in certain areas
   87.     Carriage of explosives on public passenger vehicles
   88.     Requirements for explosives held in rail yards or sidings
   89.     Separation distances in Australian Explosives Code applicable to explosives held in rail yards or sidings

           Division 3 - Disposal of explosives

   90.     Explosives not to be discarded
   91.     Explosives must be disposed of safely
   92.     Only licensed people may dispose of certain explosives

   PART 6 - MISCELLANEOUS

           Division 1 - Exemptions

   93.     Exemptions for particular persons on application
   94.     Exemptions for classes of persons or things
   95.     Register of exemptions
   96.     Phasing out of former exemptions

           Division 2 - General

   97.     Activities in port areas do not require a licence
   98.     Specific exemption relating to manufacture and research and development involving unauthorised explosives
   99.     Certain powers of inspectors and police officers
   100.    Savings and transitional provisions
   101.    Penalty notice offences and penalties
           SCHEDULE 1
           SCHEDULE 2