Queensland Consolidated Regulations

EXPLOSIVES REGULATION 2003

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Dictionary
   4.      References to class, division and compatibility group of explosive
   5.      References to mass of explosive
   6.      Substances declared to be explosives
   7.      Explosives exempt from Act
   8.      Exempt government entities
   9.      Alternative safety measures
   10.     Conflict of regulation with Australian Standards, codes of practice etc.

           Part 2--Authorised and prohibited explosives

           Division 1--Preliminary

   11.     Definitions for pt 2

           Division 2--Authorised explosives

   12.     Classification of authorised explosive
   13.     Request for declaration of authorised explosive
   14.     Advice of chief inspector's decision

           Division 3--Prohibited explosives

   15.     Declaration of prohibited explosive

           Division 4--Explosives trial approvals

   16.     Application for explosives trial approval
   17.     How chief inspector may deal with application
   18.     Conditions of explosives trial approval

           Part 3--Authorities

           Division 1--General provisions about authorities

   19.     Authorities that may be issued under Act
   20.     Fees
   21.     Term of authority

           Division 2--What authorities authorise

   21A.    Operation of div 2
   22.     What licence to import explosives and licence to export explosives authorise
   23.     What permit to import explosives and permit to export explosives authorise
   24.     What licence to manufacture explosives authorises
   25.     What licence to sell explosives authorises
   26.     What licence to store explosives authorises
   27.     What permit to store explosives authorises
   28.     What licence to transport explosives authorises
   29.     What licence to use explosives authorises
   30.     What shotfirer licence authorises
   31.     What fireworks contractor licence authorises
   32.     What fireworks operator licence authorises
   33.     What licence to collect ammunition authorises

           Division 3--Provision about applications for renewal of particular authorities

   34.     Information that must accompany application for renewal of particular licences

           Division 4--Appropriate persons for issue of authorities

   35.     Shotfirer licence
   36.     Fireworks contractor licence
   37.     Fireworks operator licence
   38.     Other authorities

           Division 5--General provisions for authority holders

   39.     Employees of particular authority holders taken to be holders of authority
   40.     Notification requirements for all authority holders
   41.     Notification requirements for particular authority holders
   42.     Requirement to have and give effect to safety management system
   43.     Contents of safety management system

           Part 4--Possessing explosives

   44.     Possession of explosives to which s 34 of Act does not apply
   45.     Children prohibited from possessing particular explosives
   46.     Possession and initiation of particular explosives in public places prohibited

           Part 5--Importing and exporting explosives

           Division 1--Preliminary

   47.     Explosives exempt from s 36 of Act

           Division 2--Requirements for holders of licence to import explosives or licence to export explosives

   48.     Definition for div 2
   49.     Condition of explosives
   50.     Notice of intention
   51.     Records
   52.     Ensuring other persons are aware of obligations
   53.     Making explosive available for inspection
   54.     Handling explosive at port

           Division 3--Requirements for holders of permit to import explosives or permit to export explosives

   55.     Definition for div 3
   56.     Ensuring other persons are aware of obligations
   57.     Making explosive available for inspection

           Division 4--Handling of explosives at ports

   58.     Application of div 4
   59.     Definitions for div 4
   60.     Requirements for ports handling explosives
   61.     Port authority to prepare explosives limits document
   62.     How chief inspector must deal with explosives limits document
   63.     Changing approved explosives limits
   64.     Chief inspector may impose interim explosives limits

           Part 6--Manufacturing explosives

           Division 1--Preliminary

   65.     Prescribed amount of explosive—Act, s 38(2)(a)
   66.     Prescribed explosives and conditions—Act, s 38(3)

           Division 2--Requirements for holders of licence to manufacture explosives

   67.     Definition for div 2
   68.     Manufacture of explosives
   69.     Storage of explosives manufactured
   70.     Signage of explosives factory
   71.     Persons to whom explosives may be supplied
   72.     Documents to kept

           Division 3--Rules of conduct for persons in explosives factories

   73.     Rules for conduct for persons in explosives factories

           Part 7--Selling explosives

   74.     Explosives exempt from s 41 of Act
   75.     Authorised persons to whom explosives may be sold
   76.     Requirements about condition of explosives sold
   77.     Exposing explosives for sale in shop window prohibited
   78.     Employer's obligations about employees engaged in selling explosives
   78A.    Requirement to report suspect or unusual request to purchase security sensitive explosive
   78B.    Restriction on holder of licence selling security sensitive explosive to new client
   78C.    Restriction on holder of licence selling security sensitive explosive to existing client
   79.     Requirements for holder of licence to sell explosives
   79A.    Record-keeping obligations of holder of licence to sell explosives
   79B.    Security plan obligations of holder of licence to sell explosives
   80.     Offences about purchasing explosives

           Part 8--Storing explosives

           Division 1--Preliminary

   81.     Definition for pt 8
   82.     Explosives and government entities exempt from s 44 of Act

           Division 2--Requirements for storing sch 4 explosives

   83.     Application of div 2
   84.     Definitions for div 2
   85.     General requirements for storing sch 4 explosives
   86.     Requirements for storing small arms ammunition and power device cartridges
   87.     Requirements for storing distress signals in shop
   88.     Requirements for storing particular fireworks
   89.     Requirements for storing propellant powder
   90.     Requirements for storing blasting explosives

           Division 3--Requirements for holders of licence to store explosives and permit to store explosives

   91.     Definition for div 3
   92.     Requirements for storage of explosives
   93.     Authority must be kept at storage facility
   94.     Explosives to be supplied only to authorised persons
   95.     Inspection of storage facility
   96.     Records of explosives stored
   97.     Notification of changes to storage facility

           Division 4--Provisions about government magazines
           Subdivision 1--Preliminary

   98.     Definitions for div 4
           Subdivision 2--Manager of government magazine
   99.     Chief inspector may appoint manager of government magazine
   100.    Requirements for manager of government magazine
   101.    Power of manager to inspect, sample and repackage explosives stored at government magazine
           Subdivision 3--Entry to government magazine
   102.    Entry to government magazine
           Subdivision 4--Storage of explosive etc. at government magazine
   103.    Request to store explosive etc. at government magazine
   104.    How manager must deal with request to store explosive etc.
   105.    Requirements for explosives stored at government magazine
   106.    Requirements for activities carried out at government magazine
           Subdivision 5--Charging and recovery of fee for services provided by government magazine
   107.    Chief inspector may charge fee for services provided at government magazine
   108.    Powers of chief inspector if fee for storing explosive not paid
   109.    Requirements for chief inspector exercising powers
   110.    Sale of explosive to recover fee for storage
           Subdivision 6--Notice of transfer of ownership of explosive stored at government magazine
   111.    Notice of transfer of ownership of explosive

           Division 5--Rules of conduct for persons in storage facilities and government magazines

   112.    Rules for conduct for persons in storage facility or government magazine

           Part 9--Transporting explosives

   113.    Explosives exempt from s 50(1) of Act
   114.    General requirements for transporting explosives
   115.    Requirements for consignors and consignees of explosives
   116.    Explosives that may be transported under s 50(3) of Act
   117.    Requirements for explosives transported under s 50(3) of Act
   118.    Requirements for holder of licence to transport explosives
   119.    Rules of conduct for employees of holder of licence to transport explosives

           Part 10--Using explosives

           Division 1--Preliminary

   120.    Explosives for which authority to use not required
   121.    Requirement for holders of particular authorities authorising use of explosives

           Division 2--Use of blasting explosives
           Subdivision 1--Preliminary

   122.    Definitions for div 2
   123.    Particular blasting explosives prescribed for s 53(2) of Act
           Subdivision 2--Requirements about appropriate persons for use of blasting explosives
   124.    Persons who may be appointed as shotfirer for a mine
   125.    Persons who may use blasting explosives under supervision
           Subdivision 3--Requirements for shotfirers
   126.    Use of blasting explosives
   127.    Records
   128.    Notice of proposed blasting

           Division 3--Use of fireworks
           Subdivision 1--General provisions

   129.    Application of div 3
   130.    Display hosts
   131.    Fireworks contractors
   132.    Prohibition on organising fireworks displays
   133.    False representations about fireworks contractor licence
   134.    Fireworks operators
   135.    Prohibition on using fireworks in fireworks displays
   136.    Safety requirements for fireworks displays
           Subdivision 2--Requirements for display hosts
   137.    Prohibition on allowing unsafe fireworks display to be staged
   138.    Notice of explosives incident to be given to chief inspector
           Subdivision 3--Requirements for fireworks contractors
   139.    Public risk insurance
   140.    Fireworks contractor's obligations about safety of fireworks display
   141.    Notice of fireworks display to be given to inspector
   142.    Notice of fireworks display to be given to emergency services etc.
   143.    Notice to be given to inspector after fireworks display
   144.    Safety of fireworks supplied to fireworks operator
   145.    Records
           Subdivision 4--Requirements for fireworks operators
   146.    Use of fireworks

           Part 10A--Safety and health fee

   146A.   Definitions for pt 10A
   146B.   Payment of safety and health fee
   146C.   Safety and health census to be given at the end of each quarter
   146D.   Notice may be given if safety and health census not given or is inadequate
   146E.   Fee for late safety and health census
   146F.   Unpaid fees
   146G.   Refund of overpayment of safety and health fee

           Part 11--Miscellaneous provisions

           Division 1--Provisions about collectors of ammunition

   147.    Collectors must be able to demonstrate particular ammunition is free from explosive material
   148.    Approval by chief inspector of collectors associations

           Division 2--Other provisions

   149.    Period for keeping records
   150.    Person not relieved of obligation merely because other person has same obligation
   151.    Prohibition on giving explosives to unauthorised persons
   152.    False or misleading information in application for authority
   153.    Prohibition on altering authority
   154.    Labels etc. to be written in English

           Part 12--Transitional provisions

           Division 1--Transitional provisions for Explosives Amendment Regulation (No. 1) 2006

   155.    Definition for pt 12
   156.    Transitional provisions for existing clients of existing licensed seller
   157.    Deferral of security plan obligations for existing licensed seller

           Division 2--Transitional provision for Mining and Other Legislation (Safety and Health) Amendment Regulation (No. 1) 2008

   158.    Provision about safety and health fee payable on or before 31 October 2008
           SCHEDULE 1 -- PROHIBITED EXPLOSIVES
           SCHEDULE 2 -- FEES
           SCHEDULE 3 -- MATTERS TO BE INCLUDED IN SAFETY MANAGEMENT SYSTEM
           SCHEDULE 4 -- EXPLOSIVES EXEMPT FROM SECTION 44 OF ACT
           SCHEDULE 5 -- EXPLOSIVES PRESCRIBED FOR SECTION 50(3) OF ACT
           SCHEDULE 6 -- UNRESTRICTED FIREWORKS
           SCHEDULE 7 -- DICTIONARY
           Endnotes