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DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2000 - NOTES
S.R. No. 61/2000
Version incorporating amendments as at 1 January 2009
ENDNOTES
1. General Information
The Dangerous Goods (Explosives) Regulations 2000, S.R. No. 61/2000 were made on 27 June 2000 by the Governor in Council under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation as follows:
All of Regulations (except regulations 306-309, 808(3), 809, 817, 818, 1212(1)) on 30 June 2000: regulation 104(1); regulations 808(3), 809, 817, 818, 1212(1) on 1 October 2000: regulation 104(2); regulations 306-309 on 1 January 2001: regulation 104(3).
The Dangerous Goods (Explosives) Regulations 2000 will sunset 10 years after the day of making on 27 June 2010 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Dangerous Goods (Explosives) Regulations 2000 by statutory rules, subordinate instruments and Acts.
-------------------------------------------------------------
Dangerous Goods (Explosives) (Amendment) Regulations 2000, S.R. No. 82/2000
Date of Making:
15.8.00
Date of Commencement:
15.8.00
Dangerous Goods (Explosives) (Amendment) Regulations 2001, S.R. No. 85/2001
Date of Making:
28.8.01
Date of Commencement:
28.8.01
Dangerous Goods (HCDG) Regulations 2005, S.R. No. 96/2005
Date of Making:
2.8.05
Date of Commencement:
Regs 701-708 on 1.10.05: reg. 103(1); reg. 709 on 1.1.06: reg. 103(2)
Occupational Health and Safety Regulations 2007, S.R. No. 54/2007
Date of Making:
19.6.07
Date of Commencement:
Regs 9.1.1-9.1.3 on 1.7.07: reg. 1.1.3(1)
Dangerous Goods (Explosives) Amendment Regulations 2008, S.R. No. 24/2008
Date of Making:
15.4.08
Date of Commencement:
15.4.08
Dangerous Goods (Transport by Road or Rail) Regulations 2008, S.R. No. 166/2008
Date of Making:
16.12.08
Date of Commencement:
Reg. 255 on 1.1.09: reg. 3
-------------------------------------------------------------
3. Explanatory Details
Table/s of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 61/2000 in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.
Table/s of Applied, Adopted or Incorporated Matter
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 105-
Definition of Australian Explosives Code
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 105-
Definition of underground magazine
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 202(1)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 202(2)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 203
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 311(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 314(1)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 314(2)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 315
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 321(1)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 321(2)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 326(1)
Australian Standard 4326, "The storage and handling of oxidizing agents" published by Standards Australia 1995
The whole
Regulation 327(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 329(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 332(1)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 332(2)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 406(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 406(3)(a)(ii)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 408
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 409(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 410(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 410(1)
Australian Standard 1768 "Lightning protection", published by Standards Australia, 1991
The whole
Regulation 411(2)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Use of explosives", published by Standards Australia, 1998
The whole
Regulation 417
Australian Standard 2187.1,
"Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 418
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 419(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 424(1)
Australian Standard 2187.1, "Explosives-Storage, transport and use-Part 1: Storage", published by Standards Australia, 1998
The whole
Regulation 602(2)(a)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 606(1)(d)(i)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000.
The whole
Regulation 610(1)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 611(1)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 611(2)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 611(3)(a)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 611(3)(b)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 612
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 619
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
Regulation 715(2)(a)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 716(5)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 725(5)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 726(1)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 738
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 740(b)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 758(1)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 759(1)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 759(2)-
Definitions of hot material and high temperature blasting
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
Definitions of hot material and high temperature blasting
Regulation 760(2)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 825(f)
Australian Standard AS2187.4, "Explosives-Storage, transport and use-Part 4 Pyrotechnics-Outdoor displays" published by Standards Australia, 1998
The whole
Regulation 826(1)(c)
Australian Standard AS2187.4, "Explosives-Storage, transport and use-Part 4 Pyrotechnics-Outdoor displays" published by Standards Australia, 1998
The whole
Regulation 902(2)
Australian Standard 2187.2, "Explosives-Storage, transport and use-Part 2: Use of explosives", published by Standards Australia, 1993
The whole
Regulation 1105(1)(a)
Australian Standard AS3846, "The handling and transport of dangerous cargoes in port areas", published by Standards Australia 1998
The whole
Regulation 1113(a)(i)
Australian Standard AS3846, "The handling and transport of dangerous cargoes in port areas", published by Standards Australia 1998
The whole
Regulation 1113(a)(ii)
Australian Explosives Code for the Transport of Explosives by Road and Rail, second edition, published by the Department of Transport and Regional Services (Commonwealth), March 2000
The whole
At the time these Regulations were made several terms that are used in these Regulations were defined in section 3(1) of the Dangerous Goods Act 1985. Those terms have the same meaning in these Regulations as they have in the Dangerous Goods Act 1985. Such terms include-
Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;
blasting compound means all explosive compounds, formulations or mixtures (other than gunpowder) which are used for blasting and, without limiting the generality of the term, includes all compounds or mixtures containing nitroglycerine or nitroglycol or nitroglycol and nitroglycerine which are used for blasting;
boat means any vessel not being a ship;
container means anything in or by which dangerous goods are wholly or partly cased, covered, enclosed, contained or packed, whether such a thing is empty or partially or completely full but does not include a vehicle;
dangerous goods has the same meaning as it has in the Transport Code except that-
(a) Class 1 dangerous goods in that Code are not dangerous goods for the purposes of this Act; and
(b) the following substances and articles are also dangerous goods-
(i) explosives; and
(ii) combustible liquids having a flashpoint higher than 61°C; and
(iii) any substance or article declared to be dangerous goods by an Order in Council made under section 9B;
explosives means any substance or article manufactured or used to produce a practical effect by explosion or a pyrotechnic effect and includes-
(a) gunpowder, nitroglycerine, nitroglycol, gelignite, guncotton, blasting powder, fulminating compounds, coloured fires, smoke compositions, fog signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all descriptions;
(b) substances or articles of whatever form or composition intended for blasting or demolition purposes;
(c) substances or articles used for the initiating of explosive charges or fillings;
(d) every adaptation or preparation of explosives; and
(e) any substance or article prescribed as explosives for the purposes of this Act;
Fire Authority means any permanent or volunteer fire brigade under the Metropolitan Fire Brigades Act 1958 or any permanent or volunteer brigade under the Country Fire Authority Act 1958;
inspector means inspector appointed under section 11;
magazine includes any building, receptacle, place, ship or boat;
magazine area means the area in which two or more magazines are sited;
manifest means an inventory of dangerous goods;
manufacture includes any part or the whole of any process of-
(a) making non-dangerous goods from dangerous goods;
(b) making non-dangerous goods from non-dangerous goods, where in the course of the process dangerous goods are made;
(c) the unmaking, altering, repairing or remaking of dangerous goods;
master includes every person (except a pilot) having command or charge of a ship, and in reference to any boat belonging to a ship means the master of the ship, and in reference to any other boat includes every person having command or charge of such boat;
occupier, in relation to any premises (other than licensed premises that are a vehicle or boat), includes a person who-
(a) is the owner of the premises;
(b) exercises control at the premises under a mortgage, lease or franchise; or
(c) is normally or occasionally in charge of or exercising control or supervision at the premises as a manager or employee or in any other capacity-
and, in relation to licensed premises that are a vehicle or boat, includes a person who-
(d) is the owner of the vehicle or boat; or
(e) is in charge of the vehicle or boat;
owner in relation to a ship, includes a person who is the charterer of the ship or has possession of the ship;
owner, in relation to a vehicle or boat, includes a person-
(a) who is the sole owner, joint owner or part owner of the vehicle or boat;
(b) who has the possession and use of the vehicle or boat under or subject-
(i) to a hire-purchase agreement, bill of sale or like instrument; or
(ii) to a written hiring agreement (not being a hire-purchase agreement) which requires the person to register the vehicle or boat in the person's name-
but does not include any person in whom the property in the vehicle or boat or any kind of right or licence to take possession of the vehicle or boat is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the vehicle or boat in the name of that other person but who has not for the time being the possession and use thereof;
person includes a body or association (corporate or unincorporate) and a partnership;
premises includes-
(a) a building or part of a building;
(b) a tent, stall or other structure, whether permanent or temporary;
(c) land, whether or not appurtenant to a building; and
(d) any other place;
primary producer means any person engaged solely or substantially in agricultural, horticultural, viticultural, dairying, pastoral or other like pursuits or any person being a commercial fisherman and holding a licence to take fish for sale;
sell includes-
(a) barter or exchange;
(b) agree to sell or offer or expose for sale;
(c) receive for sale;
(d) have in possession for sale;
(e) send, forward or deliver for sale;
(f) advertise for sale;
(g) supply or give away for the purpose of advertisement or in furtherance of any trade or business;
(h) sell for resale; or
(i) cause, permit or attempt any of the acts or things referred to in paragraphs (a) to (h);
ship means any vessel used in sea navigation but does not include any barge, lighter or like vessel;
transfer means any process which involves-
(a) the filling, loading, pumping or pouring of dangerous goods into a container; or
(b) the discharging, unloading, pumping or pouring of dangerous goods from a container;
Transport Code means the document known as the Australian Code for the Transport of Dangerous Goods by Road and Rail adopted by the body of Commonwealth and State Ministers known as the Australian Transport Advisory Council as amended from time to time by resolution of the Australian Transport Advisory Council.
Section 3(2) of the Dangerous Goods Act 1985 further provided-
"For the purposes of the interpretation of manufacture, making includes-
(a) any process of chemical reaction;
(b) any process which involves the mixing, separation, concentration, dilution, assembling or blending of substances or articles; and
(c) the operation of machinery, plant or equipment which is using, treating or processing dangerous goods.".
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Part 3-Manufacture
Dangerous Goods (Explosives) Regulations 2000
S.R. No. 61/2000