New South Wales Consolidated Regulations

EXPLOSIVES REGULATION 2005 - REG 3

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.