EXPLOSIVES REGULATION 2013

Table of Provisions

PART 1 - PRELIMINARY

• 1 Name of Regulation
• 2 Commencement
• 3 Definitions
• 4 Prescription of explosives
• 5 Prescription of explosive precursors
• 6 Regulatory authority for mining workplaces
• 7 Persons to co-operate to discharge duties
• 8 Classification of detonators

PART 2 - SECURITY CLEARANCES

• 9 Security clearance required to handle explosives or explosive precursors
• 10 Exceptions from requirement to hold security clearance
• 11 Regulatory authority may grant security clearances
• 12 Grounds for refusing security clearance
13. (Repealed)
• 14 Cancellation of security clearance
• 15 Suspension of security clearance
• 16 Notice of cancellation or suspension to other relevant persons

PART 3 - LICENCES

Division 1 - Activities requiring licences

• 17 Activities requiring licences
• 18 Natural person must hold security clearance
• 19 Corporation must nominate natural person to hold security clearance
• 20 Authority conferred by licence extends to other relevant persons

Division 2 - Types of licences

• 21 Types of licences
• 22 Licence to manufacture
• 23 Licence to import
• 24 Licence to supply
• 25 Licence to transport by vehicle
• 26 Licence to transport by vessel
• 27 Licence to store
• 28 Blasting explosives user's licence
• 29 Pyrotechnician's licence
• 30 Fireworks (single use) licence
• 31 Licence to use security sensitive dangerous substances
• 32 Matters that may be specified in licence

Division 3 - Applications for licences

• 33 Applications for licences
• 34 Security clearance not a prerequisite to obtaining a fireworks (single use) licence
• 35 Security plan
• 36 Safety management plan
• 37 Grounds for refusing a licence
• 38 Additional eligibility requirements--blasting explosives user's licence
• 39 Additional eligibility requirements--pyrotechnician's licence and fireworks (single use) licence
• 40 Additional eligibility requirements--licences relating to security sensitive dangerous substances
• 41 Licence fees
• 42 Licence holder must remain eligible for licence

Division 4 - Exceptions from licence requirements

• 43 Handling of explosives by inspectors and other authorised officers
• 44 Handling of explosives by police explosives technicians
• 45 Transport of explosives by police officers
• 46 Possession and storage of certain explosives by emergency services
Subdivision 2 - Other exceptions from licence requirements
• 47 Power device cartridges, distress signals, life-saving appliances and toy fireworks
• 48 Ammunition
• 49 Import of certain explosives
• 50 Transport of explosives by private road
• 51 Voyages outside the State
• 52 Activities in port operational areas
• 53 Use of small quantities of security sensitive ammonium nitrate

PART 4 - PROHIBITED EXPLOSIVES

Division 1 - Prohibited explosives

• 54 Prohibited and authorised explosives--meaning
• 55 Prohibited explosives not to be handled
• 56 Use and modification of authorised explosives for unauthorised purposes
• 57 Exception for research and development

Division 2 - Registration of explosives

• 58 Registration of authorised explosives
• 59 Application to have explosives registered as authorised
• 60 Registration details
• 61 Alteration of register
• 62 Revocation of registration
• 63 Publication of register
• 64 Falsely representing explosives as authorised

PART 5 - SAFETY AND SECURITY MEASURES

Division 1 - Compliance with codes and standards

• 65 Duty to comply with certain standards or codes
• 66 Application of codes and standards
• 67 Duty to ensure others comply with Australian Explosives Code
• 68 Prohibition on entering contracts, etc that are not in accordance with the Australian Explosives Code

Division 2 - Compliance with plans submitted to regulatory authority

• 69 Approved plans
• 70 Compliance with security plan
• 71 Explosives to be accessed only as authorised by security plan
• 72 Compliance with safety management plan

Division 3 - Manufacture, supply and import of explosives

• 73 Meaning of "authorised supplier"
• 74 Design of building where explosives manufactured
• 75 Explosives to be supplied only to persons authorised to receive explosives
• 76 Retention of supply records
• 77 Supply records to be made available for inspection
• 78 Packaging and marking of explosives and explosive precursors
• 79 Consignment of explosives and explosive precursors
• 80 Export of explosives and explosive precursors
• 81 Import of explosives and explosive precursors
• 82 Transport of imported explosives or explosive precursors
• 83 Sale of distress signals, power device cartridges or ammunition

Division 4 - Storage and transport of explosives

• 84 Storage
• 85 Storage of explosives that have been prepared for use
• 86 Storage of explosives in rail yards or sidings
• 87 Storage of explosives in stationary vehicles
• 88 Storage or transport of explosives of more than one hazard division together
• 89 Transport of explosives by vehicles in certain areas
• 90 Emergency plan required if large quantities of explosives or explosive precursors are stored
• 91 Carriage of explosives on public passenger vehicles
• 92 Person transporting explosives to avoid hazards
• 93 Smoking prohibited on or near vehicles used to transport explosives
• 94 Additional requirements--licence to transport by vehicle

Division 5 - Use of explosives

• 95 Setting of explosives
• 96 Use of distress signals for other purposes

Division 6 - Disposal of explosives

• 97 Disposal under blasting explosives user's licence
• 98 Explosives must be disposed of safely
• 99 Explosives not to be discarded
• 100 Restrictions on vacating explosives site

Division 7 - Other miscellaneous safety and security measures

• 101 Access to explosives or explosive precursors by unauthorised persons
• 102 Notification of loss or theft of explosives or explosive precursors
• 103 Notification of serious incidents involving explosives or explosive precursors
• 104 Entry to place where explosives or explosive precursors manufactured or stored
• 105 Fire hazards
• 106 Interference with signs and labels

PART 6 - ENFORCEMENT POWERS

• 107 Certain powers of inspectors and police officers to give directions
• 108 Powers of inspectors in relation to explosives that have been set
• 109 Evidence of licence or security clearance to be produced
• 110 Penalty notice offences and penalties

PART 7 - MISCELLANEOUS

• 111 Onus of proof concerning reasonable excuse
• 112 Exemptions for particular persons on application
• 113 Exemptions for classes of persons or things
• 114 Register of exemptions
• 114A Regulatory authority's power to waive, reduce, postpone or refund fees
• 115 Temporary amnesty from licence and other requirements relating to handling of explosives
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3