Victorian Consolidated Regulations

Dangerous Goods (Explosives) Regulations 2000 - SECT 106

Definitions

106. Definitions

In these Regulations-

ANFO means an explosive mixture consisting of ammonium nitrate and fuel oil
with or without a dye colouring agent;

annexe means a place for storing explosives which is separate from but
comprises part of a magazine subject to a licence under Part 4;

approved means approved by the Authority, unless otherwise stated;



AS followed by a group of numerals or a group of one or more letters,
punctuated or unpunctuated, means the particular Australian Standard specified
in these Regulations and which is published by Standards Australia, as amended
from time to time;

Australian Explosives Code or AEC means the document known as the Australian
Code for the Transport of Explosives by Road and Rail endorsed by the body
known as the Standing Committee on Transport, as amended from time to time;

berth means any dock, pier, jetty, quay, wharf, marine terminal or similar
structure (whether floating or not) at which a vessel may tie up;

blast hole means a hole made for the purpose of placing in position explosives
which are to be fired;

blasting cap has the same meaning as detonator;

blasting explosive means an explosive which contributes the majority of the
work in an explosion and is intended primarily for use in blasting in mining,
quarrying, construction, demolition and excavations generally (including
detonators, gunpowder for blasting and any blasting compound);

bulk means a container with a capacity exceeding 450 litres or with net
contents exceeding 400 kg;

bulling means a procedure intended to enlarge a section of a blast hole, in
order to accommodate extra explosive;

butt means any portion of a drill hole or blast hole left after blasting;

capped case means a safety cartridge case which does not contain any
propellant, with a primer that is fitted;

Category A protected work includes railways, tramways, aerodromes, radio or
television transmitters, main electrical substations, navigable waterways,
docks, wharves, river walls, sea walls, reservoir walls, piers, jetties,
market places, public recreation or sports grounds or other open places where
people assemble, open places of work in another site, public highways, and
roads which are a principal means of access to a place of worship, college,
school, hospital or factory;

Category B protected work includes dwellings, places of worship, public
buildings, hospitals, schools or colleges, theatres or any buildings in which
people assemble, any factories, workshops, offices, stores, warehouses or
shops or any buildings where people are employed, any ship lying at permanent
berthing facilities, buildings or works used for the storage of petroleum
products, gas or other dangerous goods, and buildings or works used for the
storage or manufacture of explosives or articles which contain explosives;

central mixing point means any structure or place at a mine, quarry,
construction or other work site where an explosive mixture is prepared, but
does not include a factory;

charge means explosives that are placed in a blast hole or other place of use,
or the act of placing explosives in a blast hole or other place of use;

Chief Inspector of Quarries means the chief inspector of quarries appointed
under section 41(1)(a) of the Extractive Industries Development Act 1995;

* * * * *





Chinese firecrackers means a string of individual crackers (each cracker
consisting of a single tube of rolled paper fitted with a wick and filled with
an explosive), that is designed to explode with a series of sharp reports;
Class in relation to dangerous goods, has the same meaning as it has in
regulation 40 of the Dangerous Goods (Transport by Road or Rail) Regulations
2008

Class Label means a label as defined in the ADG Code and which is attached to
packages, containers or loads of dangerous goods and is used to identify the
Class of dangerous goods in the package, container or load;

Classification Code means the code assigned to an explosive, comprising a
combination of the number of the Hazard Division to which the explosive
belongs followed by the letter of the Compatibility Group to which the
explosive belongs, as determined in accordance with the Australian Explosives
Code;



Compatibility Group means the letter which follows the Hazard Division number
in the Classification Code of an explosive and which is used to identify the
kinds of explosive substances and articles that are deemed as a result of
testing to be compatible for transport or storage purposes;

danger building means a factory building in which-

   (a)  any explosive; or

   (b)  any ingredient or component for the manufacture of explosives which by
        itself, or when mixed with any other substance also present in the
        building, has explosive properties or is capable of forming an
        explosive mixture or compound-

is manufactured or is present, or is likely to be present;

detonator means a capsule or case which contains an explosive of high
sensitivity used for initiating other explosives;

Director of Mines means the Director of Mines employed under section 90(1)(a)
of the Mineral Resources Development Act 1990;



display firework means a firework containing an amount of pyrotechnic
substance greater than any amount specified for a prohibited firework and
includes aerial shells and ground display fireworks, but does not include sky
rockets or theatrical fireworks;

distress signal means a pyrotechnic device intended for signalling, warning,
rescue or similar purposes, and includes marine flares and signals, landing
flares, highway fusees, line-carrying rockets, anti-hail rockets, cloud
rockets, avalanche rockets and smoke generators;

exploder means a self-contained portable item of equipment designed to produce
electric current for firing charges;

factory means any building or structure, or any part of a building or
structure, used or intended to be used for the manufacture of any explosive or
any purpose incidental to or associated with that manufacture, and includes
any land occupied for or in connection with that manufacture, including any
land used for the destruction of explosives or waste materials;

factory magazine means a building within a factory, used or intended to be
used for the storage of finished packed explosive made in that factory;

firework means a pyrotechnic device containing an explosive composition which
upon functioning will burn or explode, or both, to produce a visual effect or
aural effect, or both, but does not include distress signals;

firing includes the act of initiation, or attempted initiation, of explosives;

general use fireworks means toy fireworks which contain minute quantities of
pyrotechnic substance (such as toy pistol caps, party poppers and snaps for
bon-bon crackers), sparklers, model rocket motors (containing no more than
62×5 grams of propellant), and any other fireworks authorised and approved as
a general use firework;

hazard means the potential to cause any injury to, or illness of, a person, or
damage to property;

import means bringing into Victoria from a place outside Victoria;

industrial safety cartridge means a cartridge of Classification Code 1.4S
which provides the power to an implement used to drive a projectile against,
into or through any substance by means of an explosive;

inner packaging means a packaging that-

   (a)  is capable of performing its containment function without being placed
        in another packaging; and

   (b)  is placed in an outer packaging to form a combination packaging for
        transport; known information has the same meaning as in section 21A of
        the Act;



mains firing means the firing of charges from power cables connected to a
source of electricity other than an exploder;

making of an explosive mixture means the combining of ingredients or
components to produce an explosive mixture and includes the assembling and
blending of the inexplosive components of an explosive mixture;

mark includes a label;

member of the police force means an employee of the Chief Commissioner of
Police of Victoria acting in the course of his or her duties;

mine means any land on which mining takes place under a licence granted under
the Mineral Resources Development Act 1990;

mining means extracting minerals from land for the purpose of producing them
commercially, and includes processing and treating ore;

misfire means a charge or part of a charge which upon firing has failed to
explode or function as intended;

mobile manufacturing unit or MMU means a vehicle or mobile unit used for the
manufacture of explosives;

NEQ or net explosive quantity means the mass of explosive material contained
in an explosive;

nitrate mixture means any preparation other than gunpowder, formed by the
mechanical mixing of a nitrate with any form of carbon or with any
carbonaceous substance not having explosive properties, whether sulphur is or
is not added to the preparation, and whether the preparation is or is not
mechanically mixed with any other non-explosive substance, and includes
ammonium nitrate explosives mixtures;

outer packaging means a packaging that forms the outer protection of a
composite or combination packaging, and includes any absorbent material,
cushioning and other components used to contain or protect inner receptacles
or inner packagings;

package means the complete product of the packing of goods for transport and
consists of the goods and their packaging;

packaging means the container in 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;

percussion caps means primers for cartridges;

plant has the meaning that it has in the
Occupational Health and Safety Act 2004;



port operator means any person or body of people empowered to exercise
effective control in a port;

practicable means practicable having regard to-

   (a)  the severity of the hazard or risk in question; and

   (b)  the state of knowledge about that hazard or risk and any ways of
        removing or mitigating that hazard or risk; and

   (c)  the availability and suitability of ways to remove or mitigate that
        hazard or risk; and

   (d)  the cost of removing or mitigating that hazard or risk;

process building means a building for the manufacture or storage of
explosives, other than for immediate use, in which any explosive is
manufactured or any ingredient of explosive is used in a manufacturing
process;

projectile in relation to the use of industrial safety cartridges, means a
stud, pin, dowel, screw, rivet, spike, nail or similar object;

propellant means an explosive adapted and intended for use as a propelling
charge in weapons, and includes gunpowder when in finely granulated form;

protected work means a Category A protected work or a Category B protected
work;

public holiday means a day appointed as, or declared to be, a public holiday
in accordance with the Public Holidays Act 1993;

public place means any place, street or road which is open to the public and
is not private property;

pyrotechnic substance means a substance or a mixture of substances designed to
produce an effect by heat, light, sound, gas or smoke, or a combination of
these, as a result of an exothermic chemical reaction which does not rely on
oxygen from external sources to sustain the reaction;

quarry has the meaning that it has in the
Extractive Industries Development Act 1995;

receptacle means a container or carry box used to store or carry explosives,
but does not include a magazine;

risk means the likelihood of injury or illness arising from exposure to any
hazard;

road means a road within the meaning of the Road Safety Act 1986;

safety ammunition means ammunition of Classification Code 1.4S and includes
safety cartridges, percussion caps and primers of Classification Code 1.4S;

safety cartridges means cartridges, of Classification Code 1.4S, for weapons;

safety management system means a safety management system established under
regulation 306; security assessment means a security assessment issued by the
Australian Security Intelligence Organisation under Part IV of the
Australian Security Intelligence Organisation Act 1979 of the Commonwealth;

signal tube means a small-bore flexible plastic tube coated internally with an
explosive powder so that it is capable of transmitting a shock wave along the
length of the tube;

shotfirer means a person who-

   (a)  is licensed to use blasting explosives; or

   (b)  uses blasting explosives; or

   (c)  is responsible for preparing, charging and firing blasting explosives;

source of ignition means a source of energy sufficient to initiate an
explosive or ignite a flammable atmosphere, and includes naked flames, lit
smoking materials (such as lit cigarettes), exposed incandescent material,
electrical welding arcs, mechanical or static sparks, and electrical or
mechanical equipment; specified proof of identity has the same meaning as in
section 21A of the Act;





stem means to place sand or other inert material in a blast hole, either above
explosives or between layers or decks of explosives so that the effect of the
explosives is maximised;

supervision in relation to the use of explosives, means the direct control of
a person who is working in the same workplace as the supervisor, or is present
in an area which is under the control of the supervisor; the Act means the
Dangerous Goods Act 1985;





underground magazine means a magazine that is used for the storage of
explosives and detonators and is-

   (a)  an enclosed cavity formed in underground rock; or

   (b)  constructed in accordance with AS2187.1 for underground use;

United Nations number or UN number or UN has the same meaning as UN number in
the ADG Code;





use in relation to explosives means the preparation, charging or firing of
explosives and includes the firing or discharging of a firework;

vessel means a ship or a boat;

vulnerable facility includes-

   (a)  multi-storey buildings;

   (b)  large glass fronted buildings;

   (c)  health care facilities, childcare facilities and schools;

   (d)  public buildings or structures of major historical value;

   (e)  major utilities, including water, gas and electricity works.