New South Wales Consolidated Regulations
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EXPLOSIVES REGULATION 2005 - REG 3
Definitions
3 Definitions
(1) In this Regulation:
"ammunition" means a safety cartridge of Classification Code 1.4S for small
arms, but does not include a cartridge for an explosive-powered tool.
"amorces" means dots of an explosive substance mainly consisting of any one or
more of the substances potassium chlorate, amorphous phosphorus, antimony
sulfide and sulfur, the explosive substance being enclosed between 2 pieces of
paper or other suitable material and present in a proportion not exceeding 7.5
grams to every thousand dots.
"approved" means approved by the regulatory authority.
"ADG Code" means the Australian Code for the Transport of Dangerous Goods by
Road and Rail , as published by the Australian Government.
"Australian Explosives Code" means the Australian Code for the Transport of
Explosives by Road and Rail , as published by the Australian Government.
"authorised explosive" means an explosive that is registered as an
authorised explosive under clause 8.
"blaster ball" means a solid substrate ball coated with a pyrotechnic
composition such that when two balls are struck together there is an ignition
at the point of contact resulting in a low level noise.
"bon-bon cracker" means an article containing a snap that when pulled apart
results in a low level noise.
"Class" has the same meaning as in the Australian Explosives Code.
"Classification Code" of an explosive means the code assigned to the explosive
under the Australian Explosives Code, comprising a combination of the number
of the hazard division of the explosive and the letter of the
Compatibility Group of the explosive.
"coal workplace" means a place to which the
Coal Mine Health and Safety Act 2002 applies.
"Compatibility Group" of an explosive means the letter, determined in
accordance with the Australian Explosives Code, of an explosive that
identifies the kinds of explosive substances and articles that are compatible
for transport or storage purposes.
"confetti bomb" means a pyrotechnic device designed to project confetti and to
emit a report when an igniting string is pulled and containing an explosive
substance with a mass not exceeding 30 milligrams, mainly consisting of any
one or more of the substances potassium chlorate, amorphous phosphorus,
antimony sulfide and sulfur.
"corresponding law" means any of the following laws: Dangerous Goods Act 1985
of Victoria
Explosives Act 1999 of Queensland
Explosives Act 1936 of South
Australia
Dangerous Goods Safety Act 2004 of Western Australia
Dangerous
Goods Act 1998 of Tasmania
Dangerous Goods Act of the Northern Territory
Dangerous Substances Act 2004 of the Australian Capital Territory
"detonator" has the same meaning as in the Australian Explosives Code.
"display firework" means a firework (other than a distress signal or a
toy firework) consisting of a case or contrivance forming a squib, gerbe,
cracker, serpent, mortar shell, lance, wheel, coloured fire, Roman candle or
other article specially adapted for the production of a pyrotechnic effect or
a sound effect.
"distress signal" means a pyrotechnic device intended for signalling, warning,
rescue or like purposes and includes a signal cartridge, marine flare, landing
flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket,
cloud seeding rocket, avalanche rocket, smoke generator or bird scarer.
"explosive-powered tool" means a tool or device whereby a stud, pin, dowel,
screw, rivet, spike or other object is driven against, into or through a
substance by means of an explosive.
"export" means export from the State to another country.
"firework" means an article designed to produce a sound or a pyrotechnic
signal or a pyrotechnic effect by the explosion or ignition of an explosive
substance, including a display firework or toy firework.
"hazard division" -see clause 12.
"import" means import into the State from another country.
"indoor table bomb" means a pyrotechnic device designed to project streamers
or confetti (or both) and to emit a report when an igniting string is pulled
and containing an explosive substance with a mass not exceeding 60 milligrams,
mainly consisting of any one or more of the substances potassium chlorate,
amorphous phosphorus, antimony sulfide and sulfur.
"mining workplace" means a place of work: (a) that is a mine within the
meaning of the Mines Inspection Act 1901 or the Mine Health and Safety Act
2004 (whichever is in force), or
(b) at which activities under the Petroleum
(Onshore) Act 1991 or the Petroleum (Submerged Lands) Act 1982 are carried
out.
"mobile processing unit" means a vehicle or mobile unit used for the
manufacture of explosives.
"model rocket propellant device" means an article that: (a) consists of a case
in which there is a substance or substances that burn rapidly when ignited,
and
(b) with or without other articles, is intended to be part of the
propulsion system of a model rocket.
"NEQ" means the net explosive quantity (expressed as a mass) of an explosive,
exclusive of any non-explosive components.
"package" means the complete product of the packing of any goods for
transport, and consists of the goods and their packaging
"packaging" means the container into which goods are received or held for
transport, and includes anything that enables the container to receive or hold
the goods or to be closed.
"possess" includes right to possess.
"power device cartridge" means a power device cartridge for use with an
explosive-powered tool, but does not include cartridges used for rock breaking
or demolition.
"prohibited explosive" means an explosive that is registered as a
prohibited explosive under clause 8.
"Proper Shipping Name" has the same meaning as in the
Australian Explosives Code.
"secure store", in relation to explosives or explosive precursors, means a
physically secure place where the explosives or explosive precursors are kept
secure by lock or constant surveillance and where procedures for the following
are in place: (a) control of access,
(b) control of keys (if any),
(c)
documenting the movement into and out of the secure store of explosives or
explosive precursors.
"security sensitive ammonium nitrate" means any of the following: (a) ammonium
nitrate that is not a dangerous good of Class 1,
(b) ammonium nitrate
emulsions, suspensions or gels containing greater than 45% ammonium nitrate,
(c) ammonium nitrate mixtures containing greater than 45% ammonium nitrate,
but does not include ammonium nitrate solutions.
"security sensitive dangerous substance" means any
security sensitive ammonium nitrate. Note: Other dangerous substances, apart
from security sensitive ammonium nitrate, may be included as
security sensitive dangerous substances in the future.
"sparkler" means a firework consisting of a wire or stick coated with a
metallic powder in admixture with an oxidising composition.
"starting pistol caps" means dots of an explosive substance mainly consisting
of any one or more of the substances potassium chlorate, amorphous phosphorus
and antimony sulfide, the explosive substance being applied to sheets of paper
or other suitable material and present in a quantity not exceeding 0.5 grams
per dot.
"streamer cone" means a pyrotechnic device designed to project streamers and
to emit a report when an igniting string is pulled, and containing an
explosive substance with a mass not exceeding 30 milligrams and mainly
consisting of any one or more of the substances potassium chlorate, amorphous
phosphorus, antimony sulfide and sulfur.
"supply" includes sell.
"the Act" means the Explosives Act 2003 .
"to store", in relation to explosives or explosive precursors, does not
include to place or keep the explosives or explosive precursors concerned in
or on a vehicle or vessel.
"toy firework" means amorce, blaster ball, confetti bomb, bon-bon cracker,
sparkler, streamer cone, toy pistol cap, starting pistol cap and
indoor table bomb.
"toy pistol cap" has the same meaning as amorce.
"unauthorised explosive" means an explosive that is not registered as an
authorised explosive under clause 8 (and includes prohibited explosives).
"unsupervised access", in relation to an explosive or explosive precursor,
means access to an explosive or explosive precursor in circumstances where no
other person who is authorised under a licence to store or handle the
explosive or explosive precursor is present, and includes: (a) access to a
secure store of the explosive or explosive precursor, and
(b) access to the
keys to a secure store of the explosive or explosive precursor, and
(c)
access to the explosive or explosive precursor while the explosive or
explosive precursor is being transported.
"UN Number" or
"United Nations Number" or
"UN" followed by a number, in relation to dangerous goods, means the
identification number shown in the ADG Code in relation to those goods.
"vehicle" means: (a) a motor vehicle within the meaning of the Road
Transport (General) Act 2005 , and
(b) a unit of rolling stock.
(2) Notes
included in this Regulation do not form part of this Regulation.
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