Victorian Consolidated Regulations

Dangerous Goods (Explosives) Regulations 2000 - SECT 131

Injury or property damage to be reported

131. Injury or property damage to be reported



(1) If any person is injured or any property is damaged as a direct or
indirect result of an explosion, fire or other incident involving explosives
(including injury or damage resulting from the ignition or discharge of
fireworks) the person in control of the explosives must-

   (a)  without delay notify the Authority and a member of the police force of
        the occurrence;

   (b)  if so requested by an inspector, within 48 hours of the request supply
        a written report to the inspector setting out the details of the
        occurrence and of the injuries or damage caused;

   (c)  if a fire results involving explosives, immediately notify the
        relevant fire authority.

(2) In subregulation (1) person in control of the explosives means-

   (a)  the occupier of a factory; or

   (b)  the owner of a road or rail vehicle transporting explosives and the
        person in charge of the vehicle; or

   (c)  a person keeping explosives; or

   (d)  a shotfirer; or

   (e)  the owner of a mine or quarry; or

   (f)  a person supervising the discharge of fireworks or discharging
        fireworks; or

   (g)  any other person having control and management of the explosives.

(3) Subregulation (1) does not apply to an instance of injury or damage
resulting from the use of ammunition in a weapon.

(4) For the purposes of section 32(2)(a) of the Act, explosives are prescribed
as dangerous goods and accordingly are goods to which the requirements of
section 32 of the Act as regards the reporting of accidents do not apply.

(5) If an incident required to be reported under this regulation is also
required to be notified under Part 5 of the
Occupational Health and Safety Act 2004, a person who notifies the incident in
accordance with that Part is deemed to have complied with the requirement to
notify the Authority under subregulation (1)(a).