Victorian Consolidated Regulations

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DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Objectives  
   2.      Authorising provision  
   3.      Commencement  
   4.      Revocation  
   5.      Definitions  
   6.      General exemptions  
   7.      Detonators of Hazard Division 1.4  
   8.      Storage or transport of explosives of more than one Hazard Division together  
   9.      Publication date of amendments to AEC  
   10.     Date of effect of amendment to incorporated documents  
   11.     Effect of incorporation of Australian Standards  
   12.     Inconsistencies between provisions  
   13.     Quarterly returns of stock-lists not required  
   14.     Exemption from provisions of the Regulations  
   15.     Authority may grant class exemptions on its own initiative  
   16.     Power of Authority to amend, suspend or revoke exemptions  
   17.     Refusal of application or request  
   18.     Partial grant of application for exemption  

   PART 2--DUTIES APPLICABLE TO ALL PERSONS

   19.     Security of explosives  
   20.     Unlawful possession of explosives  
   21.     Misuse of explosives prohibited  
   22.     General fire precautions—ignition sources  
   23.     Further fire precautions  
   24.     Adequate lighting required  
   25.     Reporting of injury, property damage and dangerous incidents  
   26.     Reporting of theft, loss or attempted theft  
   27.     Restrictions on people under 18 years of age  
   28.     People under the influence of alcohol or drugs  
   29.     Placement, visibility and maintenance of signs  
   30.     Removal of signs  

   PART 3--PACKAGING AND MARKING

   31.     Explosives to be packaged and marked in accordance with the AEC  
   32.     Duties in relation to the AEC  
   33.     Duties of persons who pack explosives  

   PART 4--MANUFACTURE

   34.     Application  
   35.     Definitions  
   36.     Requirement to be licensed  
   37.     Safety management system  
   38.     Safety management system consultation  
   39.     Records of modifications to be kept  
   40.     Authority may require changes to safety management system  
   41.     Licensee to inform relevant fire authority of licences  
   42.     Separation distances to be maintained  
   43.     Authorised person  
   44.     Explosive mixtures  
   45.     Buildings, structures, appliances and associated equipment for mixing an explosive mixture  
   46.     Manufacture of explosive mixtures  
   47.     Components or ingredients to be kept in marked containers  
   48.     Notice to be displayed  
   49.     Other persons to be kept clear  
   50.     Other explosives to be kept away  
   51.     Fire precautions to be observed  
   52.     Disposal of spills and packaging  
   53.     Equipment to be cleaned after use  
   54.     Precautions to be taken before undertaking repairs or alterations  
   55.     Storage of unused explosive mixtures  
   56.     Location of place of manufacture of an explosive mixture  
   57.     Authorised person not to leave the manufacture unattended  
   58.     Requirements for the manufacture of safety cartridges  

   PART 5--STORAGE

   59.     Application  
   60.     Persons storing explosives to comply with requirements  
   61.     Licence required to store explosives  
   62.     Explosives to be in compliant packaging  
   63.     Explosives to be kept secure  
   64.     Persons to keep storages and receptacles clean  
   65.     Damaged or deteriorated explosives or packages—general  
   66.     Damaged or deteriorated explosives or packages—licence to store  
   67.     Licensee to keep means of access clear  
   68.     Licensee to keep persons at storage to a minimum  
   69.     Explosives not to be stored in safes or refrigerators  
   70.     Storage of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives  
   71.     No storage of detonators with other explosives  
   72.     Storage of safety fuse  
   73.     Requirements for construction of receptacles  
   74.     Markings on buildings, rooms and receptacles  
   75.     Markings inside receptacles  
   76.     Separation of explosives of different Compatibility Groups  
   77.     Explosives of different Hazard Divisions  
   78.     Licence holders need emergency management plan  
   79.     Fire-fighting equipment  
   80.     Application  
   81.     Licensee must comply with Divisions 1 to 5 of this Part  
   82.     Meaning of medium scale storage  
   83.     General requirements for medium scale storage  
   84.     Signs for premises  
   85.     Requirements for construction of buildings and rooms  
   86.     General fire precautions  
   87.     Requirements for construction of receptacles  
   88.     Application  
   89.     Storage to be in accordance with AS 2187.1  
   90.     Records to be kept  
   91.     Observation of duties in accordance with AS 2187.1  
   92.     Lightning protection  
   93.     Security fencing for premises used to store above prescribed quantities  
   94.     Separation distances do not apply  
   95.     Notices to be posted at premises used to store above prescribed quantities  
   96.     Certain licence holders to inform relevant fire authority of licences  
   97.     Portable lighting in a storage must not pose threat of ignition  

   PART 6--SALE

   98.     Requirement to be licensed  
   99.     Packaging of explosives when sold  
   100.    Place of selling  
   101.    No display of explosives for sale  
   102.    Damaged or defective explosives not to be sold  
   103.    Explosives to be sold to authorised persons only  
   104.    Records of purchase, sale of explosives  
   105.    Duties when purchasing explosives  
   106.    Purchase under authority issued by the Authority  

   PART 7--TRANSPORT

   107.    Application  
   108.    Vehicles transporting explosives to be licensed  
   109.    Vehicle drivers to be licensed  
   110.    Transport of explosives of Hazard Division 1.1A  
   111.    Transport of explosives by boat  
   112.    Explosives to be transported in accordance with AEC  
   113.    Who must comply with the AEC?  
   114.    AEC training  
   115.    Stationary vehicles taken to be transporting explosives  
   116.    Register of determinations  
   117.    Records of determinations  
   118.    Explosives not to be transported in or through Central Business District  
   119.    Restrictions on the transport of certain explosives through designated tunnels and approach roads  
   120.    Transport of explosives in or through Melbourne metropolitan area  
   121.    Transport of explosives in or through non‑metropolitan areas  
   122.    Maximum vehicle load  
   123.    Requirements for explosives in rail yards or sidings  

   PART 8--USE OF BLASTING EXPLOSIVES

   124.    Explosives means blasting explosives  
   125.    Licence required for use of blasting explosives  
   126.    Method of keeping explosives at a blasting site  
   127.    Damaged or defective explosives  
   128.    Use of equipment to initiate explosives  
   129.    Use of blasting explosives  
   130.    Requirement to have blast management plan  
   131.    Total fire ban days  
   132.    Preparation of detonators for firing  
   133.    Vibration and noise levels  
   134.    Conduct of persons at site of blasting operations  
   135.    Precautions during charging of blast holes using pumpable or free flowing explosives  
   136.    Precautions after blast  
   137.    Shotfirer to ensure no means of self detonation  
   138.    Charging and firing charges  
   139.    Demolition of buildings and other structures  

   PART 9--FIREWORKS--POSSESSION AND USE

   140.    Definitions  
   141.    Seizure of fireworks that are unauthorised explosives  
   142.    Consumer fireworks  
   143.    Licence to be produced  
   144.    Who may use display fireworks etc.  
   145.    Criteria for use of Chinese firecrackers  
   146.    Pyrotechnicians to notify authorities of intended fireworks  
   147.    Chinese firecrackers not to be discharged indoors  
   148.    Use of long string Chinese firecrackers  
   149.    Use of theatrical fireworks  
   150.    Conduct after discharge of fireworks  
   151.    Malfunctions  
   152.    Use of flash powder  
   153.    Application  
   154.    Fire protection  
   155.    Separation distances  
   156.    Security of display site  
   157.    Keeping fireworks at display site  
   158.    Firing of display fireworks  
   159.    Misfired fireworks  

   PART 10--DISTRESS SIGNALS

   160.    Possession and use of distress signals  

   PART 11--DISPOSAL, DESTRUCTION AND RENDERING HARMLESS

   161.    Explosives must be disposed of etc. safely  
   162.    Only licensed persons may dispose of certain explosives  
   163.    Distress signals to be disposed of safely  
   164.    Arranged disposal permitted  
   165.    Disposal to approved destruction facility permitted  

   PART 12--IMPORT

   166.    Requirement to be licensed  

   PART 13--PORTS

   167.    Application  
   168.    Notification of explosives on board  
   169.    Restriction on entry into ports  
   170.    Berths for vessels  
   171.    Emergency procedures  
   172.    Vessel operations and handling and transport of explosives to proceed with due care  
   173.    Compatibility and mixed stowage  

   PART 14--LICENCES

   174.    Applying for a licence  
   175.    Procedure if Authority proposes to refuse licence to an unsuitable applicant  
   176.    Competency standards etc.  
   177.    Additional information to be supplied  
   178.    Additional information to be included in an application for a licence to drive a vehicle transporting explosives  
   179.    Driver licence evidence  
   180.    Required competency evidence  
   181.    Medical fitness evidence  
   182.    Refusal of licence to drive a vehicle transporting explosives—unsuitable applicant  
   183.    Meaning of vehicle  
   184.    Application for licence  
   185.    Inspections  
   186.    Refusal of explosives vehicle licence—risk too great  
   187.    Refusal of licence for pyrotechnician—unsuitable applicant  
   188.    Refusal of licence to use blasting explosives—unsuitable applicant  
   189.    When licences start and end  
   190.    Licence conditions, limitations and restrictions  
   191.    Licence documents  
   192.    Duty to ensure persons observe licence conditions etc.  
   193.    Change of circumstances  
   194.    Requirements before modifications to licensed premises permitted  
   195.    Licence conditions etc.  
   196.    Additional conditions  
   197.    Licence conditions etc.  
   198.    Licence labels  
   199.    Disposal and transfer of licensed vehicles  
   200.    Endorsing licence to allow manufacture of ANFO  
   201.    Proof of identity and consent required  
   202.    Security requirements to be satisfied before person can hold a licence  
   203.    Prescribed particulars for security plans  
   204.    Duty to review and revise security plan  
   205.    Security assessments  
   206.    Security requirements to be satisfied before persons allowed unsupervised access to explosives  
   207.    Transporting small quantities of explosives on behalf of licensees  
   208.    General requirements  
   209.    Renewal of licences to drive a vehicle transporting explosives  
   210.    Grounds for amending, suspending or revoking licence  
   211.    Matters that may be taken into account  
   212.    Grounds for amending, suspending or revoking a licence to drive a vehicle transporting explosives  
   213.    Grounds for amending, suspending or revoking a licence for road vehicles  

   PART 15--REVIEW OF DECISIONS

   214.    What is a reviewable decision?  
   215.    Who is an eligible person?  
   216.    Application for internal review  
   217.    Process for new decisions to be started within 7 days  
   218.    Notices of decisions must contain a copy of review rights  

   PART 16--FEES

   219.    Issue of a duplicate licence or transfer of a licence  
   220.    Renewal of licences  
   221.    Amendment of a licence  
   222.    Fees non-refundable  
   223.    Fees for multiple authorisations on a single licence  
   224.    Manufacture of explosives  
   225.    Storage of explosives  
   226.    Sale and import of explosives  
   227.    Transport of explosives  
   228.    Licence to use blasting explosives  
   229.    Licence for pyrotechnician  
   230.    Additional fee for security assessments and searches  
   231.    Authorisation and classification of explosives  
   232.    Determination of applications for exemptions  

   PART 17--SAVINGS AND TRANSITIONAL PROVISIONS

   233.    Continuing effect of certain regulations  
   234.    Lawful conduct under former regulations  
   235.    Continuing effect of certain approvals  
   236.    Continuing effect of certain licences  
   237.    Continuing effect of exemptions  
   238.    Treatment of applications for licences made under the former regulations  

   PART 18--AMENDMENTS TO THE DANGEROUS GOODS (TRANSPORT BY ROAD OR RAIL) REGULATIONS 2008

   240.    Repeal of amending regulation  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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