EXPLOSIVES REGULATION 2013
- Made under the Explosives Act 2003 - As at 14 July 2023 - Reg 476 of 2013Table 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 (Repealed)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
Subdivision 1 - Exceptions for inspectors, police and others- 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
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