{"id":"sl-2004-10","name":"Dangerous Substances (Explosives) Regulation 2004","slug":"dangerous-substances-explosives-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173332,"registerId":"act-sl-2004-10-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Safety management systems 203","content":"Schedule 2 Safety management systems 203\n2.1 Elements of the safety management system 203\n2.2 Safety policy and safety objectives 204\n2.3 Organisational structure and personnel 204\n2.4 Operational controls 205\n2.5 Management of change 206\n2.6 Performance monitoring 206\n2.7 Audit 207\nDictionary 208\n1 About the endnotes 225\n2 Abbreviation key 225\n3 Legislation history 226\n4 Amendment history 230\n5 Earlier republications 242\n\n1 Name of regulation\nThis regulation is the Dangerous Substances (Explosives)\nRegulation 2004.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘road—see the Road Transport\n(Safety and Traffic Management) Act 1999, dictionary.’ means that the\nterm ‘road’ is defined in that dictionary and the definition applies to this\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Disapplication of Legislation Act, s 47 (5)","content":"5 Disapplication of Legislation Act, s 47 (5)\nThe Legislation Act, section 47 (5) does not apply in relation to the\nfollowing instruments applied, adopted or incorporated under this\nregulation:\n(a) an Australian Standard;\n\nPreliminary Part 1.1\n(b) Assessing Fitness to Drive;\n(c) the UN Test Manual.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Offences against regulation—application of Criminal","content":"6 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nDivision 1.2.1 Explosives and dangerous substances\nDivision 1.2.1 Explosives and dangerous\nsubstances\n7 Meaning of explosive—Act, s 73\n(1) In the Act (including this regulation):\nexplosive means a dangerous substance that is—\n(a) an explosive substance, or an explosive article, as defined in\nsubsection (3); or\n(b) an explosive substance, or an explosive article, within the\nmeaning of the UN Test Manual; or\n(c) a substance or article listed as class 1, or as having a subsidiary\nrisk of class 1, in the Australian Explosives Code, appendix 2;\nor\n(d) a substance or combination of substances, or an article,\ndetermined by the Minister to be an explosive; or\n(e) a firework.\nNote Dangerous substance is defined in the Act, s 10. See also s 8, which\nexpands that definition.\n(2) A determination by the Minister under subsection (1) (d) is a\n(3) In subsection (1), definition of explosive, paragraph (a):\nexplosive article means an article containing 1 or more explosive\n\nExplosives and dangerous substances Division 1.2.1\nexplosive substance—\n(a) means a solid or liquid substance, or a mixture of substances,\nthat is in itself capable by chemical reaction of producing gas at\nsuch a temperature and pressure, and at such a speed, as to cause\ndamage to the surroundings; and\n(b) includes a pyrotechnic substance, even if the pyrotechnic\nsubstance does not evolve gas.\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of dangerous substance—Act, s 10 (1) (h)","content":"8 Meaning of dangerous substance—Act, s 10 (1) (h)\n(1) In the Act (including this regulation):\ndangerous substance includes an unstable explosive article or\nsubstance.\n(2) A firework is a dangerous substance.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Unstable explosives","content":"9 Unstable explosives\nunstable explosive article or substance means an explosive article or\nexplosive substance that is rejected for classification into hazard\ndivision 1.1 to 1.6 under the UN Test Manual because it is thermally\nunstable or too dangerous to transport.\nexplosive article—see section 7 (3).\nexplosive substance—see section 7 (3).\n\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Hazard divisions","content":"10 Hazard divisions\nhazard division, of an explosive, means—\n(a) the hazard division of the explosive under this section; or\n(b) if the explosive is stored or carried with an explosive of a\ndifferent hazard division under this section—the collective\nhazard division worked out under section 16.\n(2) Explosives may be classified into hazard divisions as follows:\n(a) hazard division 1.1—explosives that have a mass explosion\nhazard;\n(b) hazard division 1.2—explosives that have a projection hazard,\nbut not a mass explosion hazard;\n(c) hazard division 1.3—explosives that have a fire hazard and\neither a minor blast hazard or a minor projection hazard or both,\nbut not a mass explosion hazard;\n(d) hazard division 1.4—explosives that present only a small hazard\nif ignited or initiated, with the effects largely confined to the\npackage, and no expected projection of fragments of appreciable\nsize or range;\n(e) hazard division 1.5—very insensitive explosive substances that\nhave a mass explosion hazard;\n(f) hazard division 1.6—very insensitive explosive articles that do\nnot have a mass explosion hazard.\n\nClassification of explosives Division 1.2.2\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Compatibility group","content":"11 Compatibility group\ncompatibility group, of an explosive, means the letter showing the\ncompatibility group for the explosive under the Australian Explosives\nCode.\nNote The explosives that can and cannot be safely carried or stored together\nmay be worked out by reference to their compatibility group.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Classification code","content":"12 Classification code\nclassification code, of an explosive, means a code consisting of the\nexplosive’s hazard division number followed by its compatibility\ngroup.\nThe hazard division for an explosive article containing only extremely insensitive\ndetonating substances is 1.1. The article’s compatibility group is D. Its\nclassification code is 1.1D.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Method of classification of explosives","content":"13 Method of classification of explosives\n(1) Subject to section 14 (Default classification of explosives), the\nclassification of an explosive must be worked out by an\nindependently verified test carried out in accordance with the UN\nTest Manual.\n(2) If the classification of an explosive for this regulation is worked out\nby a test under subsection (1), the classification only applies when the\nexplosive—\n(a) is packaged (or not packaged) as it was when tested; and\n(b) is in the form it was in when tested.\n\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Default classification of explosives","content":"14 Default classification of explosives\n(1) This section applies if the classification of an explosive has not been\nworked out by an independently verified test carried out in\naccordance with the UN Test Manual.\n(2) The classification of the explosive is taken to be hazard division 1.1,\nunless the explosive is a firework to which subsection (3) applies.\n(3) If the Minister determines criteria for working out the classification\nof a firework for this section the hazard division of the firework is\ntaken to be the hazard division worked out in accordance with the\ncriteria.\n(4) A determination by the Minister under subsection (3) is a\n(5) This section does not apply to an unstable explosive article or\nsubstance.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Detonators, classification 1.4","content":"15 Detonators, classification 1.4\nFor this regulation, a detonator that would otherwise be of\nclassification code 1.4B or 1.4S is taken to be of classification code\n1.1B if it is not in its original unopened packaging.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Collective hazard divisions—explosives stored or carried","content":"16 Collective hazard divisions—explosives stored or carried\ntogether\n(1) For this regulation, and for any instrument applied, adopted or\nincorporated under this regulation, if explosives of 2 or more different\nhazard divisions are stored or carried together, the hazard division of\nthe explosives (the collective hazard division) must be worked out in\naccordance with this section.\n(2) The collective hazard division of explosives of 2 different hazard\ndivisions (primary hazard divisions) is the hazard division shown in\ntable 16 at the intersection of the row and column corresponding to\nthe primary hazard divisions of each of the explosives.\n\nClassification of explosives Division 1.2.2\nTable 16 Collective hazard divisions\nitem\nprimary\nhazard\ndivision\n1.1\n1.2\ncolumn 5\n1.3\ncolumn 6\n1.4\ncolumn 7\n1.5\ncolumn 8\n1.6\n1 1.1 1.1 1.1 1.1 1.1 1.1 1.1\n2 1.2 1.1 1.2 1.1 1.2 1.1 1.2\n3 1.3 1.1 1.1 1.3 1.3 1.1 1.3\n4 1.4 1.1 1.2 1.3 1.4 1.5 1.6\n5 1.5 1.1 1.1 1.1 1.5 1.5 1.5\n6 1.6 1.1 1.2 1.3 1.6 1.5 1.6\n\n(3) The collective hazard division of explosives of more than 2 different\nprimary hazard divisions is the hazard division (the final collective\nhazard division) worked out as follows:\n(a) step 1—work out the collective hazard division (the initial\ncollective hazard division) of any 2 of the different primary\nhazard divisions in accordance with subsection (2);\n(b) step 2—work out the collective hazard division (the subsequent\ncollective hazard division) of a 3rd different primary hazard\ndivision and the initial collective hazard division, in accordance\nwith subsection (2);\n(c) further steps (if necessary)—continue working out subsequent\ncollective hazard divisions in the same way as in step 2 until all\ndifferent primary hazard divisions have been considered;\n(d) final step—the final collective hazard division is the subsequent\ncollective hazard division worked out when the last different\nprimary hazard division has been considered.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Hazard division 1.6","content":"17 Hazard division 1.6\n(1) For this regulation, if different kinds of explosive articles of hazard\ndivision 1.6 are stored or carried together, their collective hazard\ndivision is taken to be hazard division 1.1, unless subsection (2)\napplies.\n(2) The collective hazard division of the explosive articles may be treated\nas hazard division 1.6 if the person seeking to treat them in that way\nestablishes that it is proved by testing or analogy that there is no\nadditional risk of sympathetic detonation between the articles.\n\nOther concepts Division 1.2.3\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Classification of articles","content":"18 Classification of articles\nFor this regulation, if an explosive substance is securely contained\nwithin an explosive article—\n(a) the substance is taken to be a part of the article; and\n(b) the substance is taken not to be an independent explosive.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Licensing—meaning of application and issue","content":"19 Licensing—meaning of application and issue\napplication, for a licence authorising the handling of explosives,\nincludes an application for the amendment of the licence to give the\napplicant a new handling authority for the explosives.\nissue, of a licence giving the licensee a particular kind of handling\nauthority, includes the amendment of a licence to give the licensee\nthat kind of handling authority in addition to another kind or kinds of\nhandling authority given by the licence.\nNote The following terms are defined in the Act as follows:\n• handle a dangerous substance (including an explosive) means to\ndeal with the substance in a wide variety of ways (see Act, s 11)\n• handling authority is a kind of handling of a dangerous substance\nthat is authorised by a licence (see Act, s 56 (1) (d))\n• licence is a licence issued under the Act (see Act, dict).\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of ensure","content":"20 Meaning of ensure\n(1) This section applies if a provision of this regulation requires a person\nto ensure that something is or is not done in relation to an explosive.\n(2) The requirement is satisfied if the person takes reasonable steps to\neliminate the hazards, and eliminate or minimise the risks, that might\nresult if the requirement were not met.\n\n(3) Subsection (2) does not limit the ways in which the requirement may\nbe satisfied.\nNote The following terms are defined in the Act:\n• hazard (see s 15 (1))\n• risk (see s 15 (2))\n• reasonable steps (see s 16).\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"References to quantities of explosives","content":"21 References to quantities of explosives\n(1) In this regulation, a reference to a quantity of explosive by weight is\na reference to the gross quantity of the explosive (including the\npackaging), unless the NEQ of the explosive is expressly referred to.\nNote NEQ is the net explosive quantity (see dict, def NEQ).\n(2) In the following standards, as applied by this regulation, a reference\nto the NEQ of an explosive is taken to be a reference to the gross\nquantity of the explosive (including the packaging):\n(a) AS 2187.0;\n(b) AS 2187.1;\n(c) AS 2187.2;\n(d) AS 2187.4.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Reports to chief officer (fire and rescue service) and chief","content":"22 Reports to chief officer (fire and rescue service) and chief\nofficer (rural fire service)\n(1) This section applies if this regulation is expressed to require\ninformation (including a notice or report) to be given to the chief\nofficer (fire and rescue service) or the chief officer (rural fire service),\nwhichever is appropriate.\n(2) If the information relates to explosives that may present a hazard or\nrisk in a built-up area, the information must be given to the chief\nofficer (fire and rescue service).\n\nOther concepts Division 1.2.3\n(3) If the information relates to explosives that may present a hazard or\nrisk in a rural area, the information must be given to the chief officer\n(rural fire service).\n(4) If the information relates to explosives that may present a hazard or\nrisk in both a built-up area and a rural area, the information must be\ngiven to both the chief officer (fire and rescue service) and the chief\nofficer (rural fire service).\nbuilt-up area—see the Emergencies Act 2004, section 6A.\nrural area—see the Emergencies Act 2004, section 6B.\n","sortOrder":19},{"sectionNumber":"22A","sectionType":"section","heading":"Security definitions","content":"22A Security definitions\nadverse security assessment—see the Australian Security\nIntelligence Organisation Act 1979 (Cwlth), section 35.\nclose associate, of a person—see the Act, section 48.\nqualified security assessment—see the Australian Security\nIntelligence Organisation Act 1979 (Cwlth), section 35.\nsecurity cleared responsible person—a person is a security cleared\nresponsible person in relation to an explosive if—\n(a) the person is a responsible person for the explosive; and\n(b) the person is an adult; and\n(c) an adverse security assessment or qualified security assessment\nhas not been given in relation to the person or a close associate\nof the person; and\n(d) the person has not been convicted or found guilty in the ACT or\nelsewhere within the previous 5 years of an offence involving—\n(i) a dangerous substance; or\n\n(ii) a firearm; or\n(iii) actual or threatened violence; or\n(iv) fraud or dishonesty.\nNote The Act, s 18 defines a responsible person for a dangerous substance\n(including an explosive) as a person in control of the handling of the\nsubstance, premises where the substance is handled, or plant or a system\nfor handling the substance.\nsecurity plan, for a licence, means a security plan for handling an\nexplosive under the licence—\n(a) in the form required to be included in an application for the\nlicence; and\n(b) as amended from time to time under this regulation.\nsecurity risk assessment, in relation to the handling of an explosive,\nmeans a written assessment that identifies and assesses the security\nrisks (external and internal) associated with the handling of the\nunsupervised access—a person has unsupervised access to an\nexplosive if the person has access to the explosive when not under the\nsupervision of a person who—\n(a) holds a licence for this regulation; or\n(b) is a security cleared responsible person.\n\nGeneral duties Part 2.1\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Misuse of explosives","content":"23 Misuse of explosives\n(1) A person commits an offence if—\n(a) the person—\n(i) uses an explosive in a way that produces an explosive\neffect; or\n(ii) modifies an explosive so that it can produce an explosive\neffect; and\n(b) the explosive was not designed to produce that explosive effect.\n(2) In a prosecution for an offence against subsection (1), if the explosive\nis an authorised explosive, an entry in the register describing the\nexplosive effect for which the explosive is designed is evidence of\nthat fact.\n(3) This section does not apply if the person is authorised under a licence\nor this regulation to use or modify the explosive in the way mentioned\nin subsection (1) (a).\n\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Explosives incidents—reporting damage or injury","content":"24 Explosives incidents—reporting damage or injury\n(1) If someone is injured or dies, or property is damaged, as a direct or\nindirect result of an explosion, fire or other incident involving\nexplosives (including injury or damage resulting from the ignition or\nfiring of fireworks) a responsible person for the explosives must—\n(a) if there is a fire, immediately notify the incident to the chief\nofficer (fire and rescue service) or the chief officer (rural fire\nservice), whichever is appropriate; and\n(b) without delay, tell the work health and safety commissioner and\na police officer about the incident; and\n(c) if asked by an inspector, within 48 hours after the request give a\nreport of the incident to the inspector setting out the details of\nthe incident and the injury or damage.\nNote Responsible person, for a dangerous substance (including an explosive)\nis defined in the Act, s 18.\n(2) If there are 2 or more responsible people for the explosives,\ncompliance by any 1 or more of them with subsection (1) is taken to\nbe sufficient compliance with this section.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Loss or theft of explosives—reporting","content":"25 Loss or theft of explosives—reporting\n(1) A responsible person for an explosive, on becoming aware of an\nincident of theft or loss at premises where the explosive is stored,\n(a) without delay, tell the work health and safety commissioner and\na police officer about the incident; and\n\nGeneral duties Part 2.1\n(b) as soon as practicable, give a written report to the work health\nand safety commissioner setting out the details of the incident\nand describing the kind and amount of any explosives lost or\nstolen.\nNote 1 Premises are defined in the Act, dict, to include land, structures and\nvehicles.\nNote 2 Responsible person, for a dangerous substance (including an explosive)\nis defined in the Act, s 18.\n(2) This section does not apply to explosives that are general use\nincident of theft or loss, at premises, means—\n(a) the theft or loss of explosives from the premises; or\n(b) a break-in to the premises; or\n(c) an attempt to do something mentioned in paragraph (a) or (b).\n\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Authorised explosives—Act, s 73","content":"26 Authorised explosives—Act, s 73\n(1) In this regulation—\nauthorised explosive means—\n(a) an explosive declared by the Minister or the work health and\nsafety commissioner under this part to be authorised; or\n(b) a general use firework; or\n(c) ANFO, if it is manufactured under a shot-firer licence, in\naccordance with the prescribed condition of the licence\nmentioned in section 187 (1) (c).\n(2) An authorised explosive is a controlled dangerous substance for the\nAct.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Prohibited explosives—Act, s 73","content":"27 Prohibited explosives—Act, s 73\n(1) The following explosives are prohibited explosives for the Act:\n(a) an explosive declared by the Minister;\n(b) any other explosive that is not an authorised explosive.\n(2) A declaration by the Minister for subsection (1) (a) is a disallowable\ninstrument.\nNote 1 A prohibited explosive is a prohibited dangerous substance for the Act\n(see Act, s 73, def prohibited dangerous substance, par (a)).\nNote 2 A prohibited firework cannot be an authorised explosive (see s 29 (2) and\ns 31). Prohibited fireworks are those mentioned in s 262.\n\nMinisterial declarations—authorised explosives Division 2.2.2\n","sortOrder":25},{"sectionNumber":"Div 2","sectionType":"division","heading":"2.2 Ministerial declarations—authorised","content":"Division 2.2.2 Ministerial declarations—authorised\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Authorisation—Ministerial declarations","content":"29 Authorisation—Ministerial declarations\n(1) The Minister may declare an explosive to be authorised.\n(2) However, the Minister must not declare a prohibited firework to be\nauthorised.\n(3) A declaration for an explosive must not mention the composition,\nquality or character of the explosive.\n(4) A declaration is a disallowable instrument.\nNote The work health and safety commissioner may also declare an explosive\nto be authorised (see s 31).\nDivision 2.2.3 Work health and safety commissioner\ndeclarations—authorised explosives\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Authorisation requests","content":"30 Authorisation requests\n(1) A person may ask the work health and safety commissioner, in\nwriting, to authorise an explosive.\n(2) The following information and documents must accompany the\nrequest:\n(a) the person’s name and contact details;\n(b) a description of the explosive, including each of the following:\n(i) the explosive’s name;\n(ii) the explosive’s composition, formulation, NEQ and (for a\nfirework) pyrotechnic composition;\n(iii) the explosive’s UN number and classification code, if\nknown and unless it is an unstable explosive article or\nsubstance;\n\n(iv) for explosive articles—a diagram showing the construction\nof the explosive (for example, a cutaway drawing showing\neach component);\n(c) the use for which the explosive is intended;\n(d) the following details about the explosive’s manufacture or\nimport:\n(i) if the explosive is manufactured in Australia—the name,\naddress and ABN number of the manufacturer who is to\nsupply the explosive;\n(ii) if the explosive is manufactured outside Australia—the\nname of the manufacturer and the name, address and ABN\nnumber of the importer who is to supply the explosive;\n(e) details of any performance and testing of the explosive, in\naccordance with the UN Test Manual;\n(f) if the explosive is to be handled in a packaged form—details\nabout the packaging including the following:\n(i) the method of marking the packaging;\n(ii) the number of explosives in each form of packaging in\nwhich the explosive is handled;\n(iii) the results of any testing of the packaging under the\nAustralian Explosives Code, and any approval number\nassigned to the packaging under the code;\n(g) a copy of a safety data sheet for the explosive, or equivalent\ninformation if no safety data sheet is available;\n(h) any other information or documents required by a form for the\nrequest approved under the Act, section 222.\n\n(3) However, if the request is for temporary authorisation of an explosive\nfor manufacture and field trials, the request—\n(a) must be accompanied by a statement of—\n(i) the reason for seeking temporary authorisation; and\n(ii) the period for which temporary authorisation is sought; and\n(b) may omit any information or documents otherwise required by\nsubsection (2) if they cannot be included because of the nature\nof the request.\nNote If the UN number and classification code, and details of any performance\nand testing of the explosive in accordance with the UN Test Manual, is\nunavailable for an explosive for which authorisation is sought, the\nexplosive will be assigned a default classification under s 14.\n(3) The work health and safety commissioner may exercise the same\npowers in relation to a request for the authorisation of an explosive as\nthe work health and safety commissioner may exercise in relation to\nan application for a licence under the Act, section 51 (Power to ask\nfor information from applicants, licensees and others).\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Authorisation—work health and safety commissioner","content":"31 Authorisation—work health and safety commissioner\ndeclarations\n(1) On a request under section 30, the work health and safety\ncommissioner may declare an explosive to be authorised.\nNote The Minister may also declare an explosive to be authorised (see s 29).\n(2) A declaration for an explosive must not mention the composition,\nquality or character of the explosive.\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Authorisation decision-making","content":"32 Authorisation decision-making\n(1) Before making a declaration under section 31, the work health and\nsafety commissioner must—\n(a) define the composition, quality and character of the explosive;\nand\n\n(b) assign a classification code to the explosive, unless the explosive\nis an unstable explosive article or substance.\nNote Section 13 (Method of classification of explosives) and s 14 (Default\nclassification of explosives) deal with the method of classification to be\napplied here.\n(2) The work health and safety commissioner may refuse a request for\nauthorisation if any required information, or any required document,\nis not given with the request.\n(3) The work health and safety commissioner must not authorise an\nexplosive if—\n(a) the explosive is a prohibited firework; or\n(b) for any explosive—\n(i) the explosive is declared by the Minister to be a prohibited\nexplosive for the Act, under section 27; or\n(ii) the work health and safety commissioner is satisfied that\nthe authorisation of the explosive would be inconsistent\nwith the purpose stated in the Act, section 6 (1); or\n(iii) the explosive does not meet any criteria determined by the\nMinister by notice.\nNote The Act, s 6 (1) states that the purpose of the Act is to protect the health\nand safety of people, and to protect property and the environment from\ndamage, from the hazards associated with dangerous substances.\nExplosives are dangerous substances (see s 7).\n(4) A determination by the Minister for subsection (3) (b) (iii) is a\n\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Decision to refuse to authorise—ACAT review","content":"33 Decision to refuse to authorise—ACAT review\n(1) A decision of the work health and safety commissioner to refuse a\nrequest for authorisation is a reviewable decision for the Act,\n(2) The person requesting authorisation is prescribed for the Act,\nsection 190 (Reviewable decision notices) and section 191 (b)\n(Applications for review).\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Register of authorised explosives","content":"34 Register of authorised explosives\n(1) The work health and safety commissioner must keep a register of\nauthorised explosives.\n(2) The register must include the following information about each\nauthorised explosive:\n(a) its name;\n(b) a manufacturer or importer of the explosive, if identifiable;\n(c) its composition, quality and character;\n(d) a description of its explosive effect;\n(e) its UN number and classification code, unless it is an unstable\nexplosive article or substance;\n(f) if it is an unstable explosive article or substance—the nature of\nits instability;\n(g) if the authorisation is temporary—the period of authorisation;\n(h) a unique authorisation number.\n(3) The register is open to inspection only by the work health and safety\ncommissioner or a person authorised by the work health and safety\n\n(4) However, the work health and safety commissioner must give a list\nof authorised explosives to anyone who asks for it.\n(5) The list must not mention the composition, quality or character of the\nexplosives listed.\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"End of authorisation","content":"35 End of authorisation\n(1) The authorisation of an explosive ends—\n(a) for a temporary authorisation—at the end of the period of\nauthorisation; or\n(b) for any explosive—if it is revoked under this section.\n(2) The work health and safety commissioner may revoke the\nauthorisation of an explosive—\n(a) at the written request of the person at whose request the\nexplosive was authorised; or\n(b) at the written request of a manufacturer of the explosive; or\n(c) if satisfied that the explosive, as currently handled in the ACT,\nno longer has the composition, quality or character registered for\nthe explosive under section 34.\n(3) A decision of the work health and safety commissioner to revoke the\nauthorisation of an explosive is a reviewable decision for the Act,\n(4) The person at whose request the explosive was authorised is\nprescribed for the Act, section 190 (Reviewable decision notices) and\nsection 191 (b) (Applications for review).\n(5) As soon as practicable after the end of the authorisation of an\nexplosive, the work health and safety commissioner must amend the\nregister accordingly.\n\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Disposal of explosives after authorisation revoked","content":"36 Disposal of explosives after authorisation revoked\n(1) If the work health and safety commissioner intends to revoke the\nauthorisation of an explosive, the work health and safety\ncommissioner must, no later than 4 weeks before the intended date of\nrevocation, give each person in the ACT known to be handling the\nexplosive written notice of that intention (a notice of revocation)\nstating that the person is required to dispose of the explosive on or\nbefore the intended date of revocation by—\n(a) destroying the explosive; or\n(b) removing it from the ACT.\n(2) If a person fails to comply with the notice of revocation, the work\nhealth and safety commissioner may take whatever steps are\nnecessary and reasonable to dispose of the explosive under the\nperson’s control.\n(3) The reasonable costs of the disposal of an explosive under\nsubsection (2) are a debt owing to the Territory by the person who\nfailed to comply with the notice.\n(4) A person to whom a notice of revocation is given must comply with\nthe notice.\n(5) A person to whom a notice of revocation is given must ensure that the\nexplosive that is the subject of the notice is not—\n(a) used; or\n(b) supplied to anyone else, unless the supply is for the purpose of\nremoving the explosive from the ACT.\n\n","sortOrder":34},{"sectionNumber":"40A","sectionType":"section","heading":"Suitable person to hold licence—Act, s 49 (1) (i)","content":"40A Suitable person to hold licence—Act, s 49 (1) (i)\nFor the Act, the matters the work health and safety commissioner\nto be issued with, or to continue to hold, a licence to handle an\nexplosive include—\n(a) whether an adverse security assessment or qualified security\nassessment has been given in relation to—\n(i) the person or a close associate of the person; or\n(ii) if the person is a corporation—an officer of the corporation\nor a close associate of an officer of the corporation; and\n(b) if the person is an individual, whether the person is—\n(i) an adult; or\n(ii) for an explosives driving licence—at least 21 years old.\nNote 1 For par (b) (ii), see s 112 (1) (a).\nNote 2 For working out who is a suitable person to be issued with a licence, see\nalso the Act, s 49 (1) (a) to (h), and the following sections of this\nregulation:\n• s 112 (Suitable people to hold explosives driving licences—Act,\ns 49 (1) (i))\n• s 190 (Suitable people to hold blasting permits—Act, s 49 (1) (i))\n• s 305 (Suitable people to hold display operator licences—Act,\ns 49 (1) (i))\n• s 308 (Suitable people to hold fireworks display permits—Act,\ns 49 (1) (i)).\nNote 3 Additional criteria apply to the issue of licences (see Act, pt 4.2).\n\nPacking, labelling and placarding explosives Part 2.3\n","sortOrder":35},{"sectionNumber":"Part 2","sectionType":"part","heading":"3 Packing, labelling and placarding","content":"Part 2.3 Packing, labelling and placarding\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"Application of pt 2.3","content":"41 Application of pt 2.3\nThis part applies to the following:\n(a) the packing of explosives;\n(b) the labelling or placarding of packages, unit loads and\nintermediate bulk containers of explosives.\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"Interpretation for pt 2.3","content":"42 Interpretation for pt 2.3\n(1) A term used in this part has the same meaning as in the Australian\nExplosives Code.\n(2) However, in the Australian Explosives Code as applied by this part—\n(a) a marking on an explosive (or a package of an explosive) is a\nplacard or label; and\n(b) an explosive (or a package of an explosive) is marked if it is\nplacarded or labelled.\n","sortOrder":38},{"sectionNumber":"43","sectionType":"section","heading":"Correct packing, labelling and placarding—Act, s 14","content":"43 Correct packing, labelling and placarding—Act, s 14\nSubject to section 45, for the Act, section 14, an explosive is correctly\npacked, labelled or placarded if—\n(a) it is packed, labelled or placarded in accordance with the\nAustralian Explosives Code; and\n\nPart 2.3 Packing, labelling and placarding explosives\n(b) in relation to the packing of any explosive—the packaging is\nclean and free from grit.\nNote 1 See Australian Explosives Code, ch 3 (Marking of packages, vehicles and\ntransport containers) and ch 5 (Packaging, IBCs and unit loads for\nexplosives).\nNote 2 A manufacturer, importer or supplier of an explosive may commit an\noffence against the Act, s 26, 27 or 28 if the explosive is not correctly\npacked, labelled or placarded as provided by this section.\n","sortOrder":39},{"sectionNumber":"44","sectionType":"section","heading":"Correct packing for supply—Act, s 14","content":"44 Correct packing for supply—Act, s 14\nIf an explosive is supplied in a packaged form, for the Act, section 14,\nit is not correctly packed unless—\n(a) the package is appropriate for the kind of explosive; and\n(b) the package prevents the explosive from escaping from the\npackage; and\n(c) for an explosive of classification code 1.1D or 1.5D—the\nexplosive is supplied—\n(i) as far as practicable, in its original package; and\n(ii) without cutting or breaking its cartridge.\n","sortOrder":40},{"sectionNumber":"45","sectionType":"section","heading":"Exceptions—labelling and placarding","content":"45 Exceptions—labelling and placarding\nHowever, section 43 does not apply to the labelling or placarding of\nexplosives in the following circumstances:\n(a) for explosives that are within the boundaries of premises where\nthey are being manufactured, if the explosives are—\n(i) in the process of being manufactured, or are semifinished;\nor\n(ii) in containers clearly and conspicuously marked with the\nname of the contents, and are intended for use at the\npremises;\n\nPacking, labelling and placarding explosives Part 2.3\n(b) for an explosive that is at a place where it is intended to be used\nfor a blasting operations—\n(i) if section 76 (Storage of unused explosive mixtures) and\nsection 196 (Temporary on-site storage) are complied with;\nor\n(ii) if the explosive is manufactured at that place;\n(c) for any of the following explosives, if they are in a quantity of\nnot more than 5kg, and are stored or carried by an individual for\nthe individual’s personal use:\n(i) safety cartridges;\n(ii) distress signals;\n(iii) general use fireworks.\n\nDivision 2.4.1 Definitions about manufacturing explosives\nDivision 2.4.1 Definitions about manufacturing\n46 Manufacturing definitions\ncentral mixing point, for an explosive mixture, means a structure or\nplace at a mine, quarry, construction or other site where the mixture\nis prepared for use at or near the site, but does not include a factory.\nexplosive mixture means a mixture of an oxidising agent and a fuel\ncomponent, if the mixture is an authorised explosive.\nNote For the meaning of fuel component and oxidising agent, see s (2).\nfactory–\n(a) means premises, other than a mobile manufacturing unit, used\nor intended to be used for the manufacture of an explosive, or a\npurpose related to that manufacture; and\n(b) includes land used, or intended to be used, for the disposal of\nexplosives or waste materials.\nfilling or capping, in relation to safety cartridges, includes—\n(a) filling an explosive powder and projectiles into safety cartridge\ncases; and\n(b) filling an explosive powder into safety cartridge cases; and\n(c) capping safety cartridge cases.\nmanufacture, of explosives, means—\n(a) the manufacture of the explosives at a factory; or\n(b) the manufacture of ammunition at a factory, including the filling\nand capping of safety cartridges at the factory; or\n\nDefinitions about manufacturing explosives Division 2.4.1\n(c) the manufacture of explosive mixtures at the point of application\nor use; or\n(d) the filling or capping of safety cartridges for a commercial\npurpose other than at a factory.\nNote 1 Manufacture (a dangerous substance) is also defined in the Act, dict.\nExplosives are dangerous substances. This definition qualifies the\ndefinition in the Act.\nNote 2 Div 2.4.9 imposes obligations on individuals filling or capping safety\ncartridges for non-commercial purposes.\nmanufacturing licence, for explosives, means a licence issued for\nthis part authorising the manufacture of explosives.\nmobile manufacturing unit means a vehicle or other mobile unit used\nfor the manufacture of explosives.\nNote This applies the definition used in AS 2187.0. In AS 2187.0, AS 2187.1\nand AS 2187.2, the term mobile manufacturing unit is used\ninterchangeably with the terms MMU and mobile mixing unit.\nmodification, of a factory or safety management system, means a\nchange to the factory or system that has the effect of creating a new\nhazard or increasing the risk associated with an existing hazard, and\nincludes—\n(a) a change to any plant, building, storage facility or process,\nincluding the introduction of a new plant process; and\n(b) a change to the quantity of explosives present or likely to be\npresent, including the introduction of any new explosive\nmaterial; and\n(c) a change to the quantity of any dangerous substances present or\nlikely to be present, including the introduction of a new\ndangerous substance; and\n(d) for a safety management system—a change to the system.\n\npoint of application or use, of an explosive, includes—\n(a) a central mixing point for the explosive; and\n(b) a mobile manufacturing unit for the explosive.\n(2) For subsection (1), definition of explosive mixture:\nfuel component—\n(a) means—\n(i) a combustible granular solid; or\n(ii) a clean oil, fuel oil or other oil that has a closed-cup\nflashpoint of 60.5C or higher; and\n(b) includes a compatible dye or sensitising agent.\noxidising agent includes—\n(a) a granular solid of class 5.1; and\n(b) an aqueous gel, or emulsion, of class 5.1.\n","sortOrder":41},{"sectionNumber":"47","sectionType":"section","heading":"Meaning of explosive for pt 2.4","content":"47 Meaning of explosive for pt 2.4\nIn this part:\nexplosive includes a substance or a mixture of substances that is\nmanufactured with the intention of producing an explosive as defined\nin section 7.\n","sortOrder":42},{"sectionNumber":"48","sectionType":"section","heading":"Authority to manufacture explosives","content":"48 Authority to manufacture explosives\nA person is authorised to manufacture an explosive if the person—\n(a) holds a manufacturing licence authorising the manufacture of\nthe explosive; or\n\n(b) is an individual engaged (as an employee or contractor) to\nmanufacture the explosive under the supervision of a person\nwho holds a manufacturing licence.\nNote 2 A person who manufactures an explosive without authorisation may\ncommit an offence against the Act, s 74 (Unauthorised manufacture of\ncertain dangerous substances).\n","sortOrder":43},{"sectionNumber":"49","sectionType":"section","heading":"Person in control of manufacture—Act, s 17 (1) (e)","content":"49 Person in control of manufacture—Act, s 17 (1) (e)\nFor the Act, the holder of a manufacturing licence is a person in\ncontrol of all of the following in relation to the manufacture of an\nexplosive under the licence:\n(b) the premises where the explosive is manufactured;\n","sortOrder":44},{"sectionNumber":"50","sectionType":"section","heading":"Reasonable steps for manufacture—Act, s 16 (2) (e)","content":"50 Reasonable steps for manufacture—Act, s 16 (2) (e)\nmanufacture of an explosive, consideration must be given to whether\nthe requirements under this part have been complied with in relation\nto the manufacture.\n\n","sortOrder":45},{"sectionNumber":"51","sectionType":"section","heading":"Manufacturing licence applications for Act, s 50 (2)—","content":"51 Manufacturing licence applications for Act, s 50 (2)—\ngeneral\nAn application for a manufacturing licence for an explosive must\nfor—\n(ii) anyone who is to be a responsible person for the explosive;\n(c) the purpose of the manufacture;\n(d) the address of premises where the explosive is to be\nmanufactured and stored;\nproposed manufacture;\n(f) the maximum number of people likely to be present in—\n(i) the explosives manufacturing area; and\n(ii) other parts of the premises;\n(g) details of the fire protection proposed to be used;\n(h) a security plan prepared in accordance with section 51A;\n(i) any information or documents required by a form for the\n\n","sortOrder":46},{"sectionNumber":"51A","sectionType":"section","heading":"Manufacturing licence applications—security plans","content":"51A Manufacturing licence applications—security plans\n(1) A security plan for the manufacture of an explosive must be based on\na security risk assessment.\n(a) details of the production process to be used;\n(b) details of the ingredients to be used and the source of any\ningredient that is a dangerous substance;\n(d) a system for recording—\n(i) the name and licence details of a person who receives any\nof the explosive; and\n(ii) the amount of the explosive taken by the person;\n(e) procedures for reporting any loss, theft or attempted theft of the\n(f) any information or documents required by a form for the\n","sortOrder":47},{"sectionNumber":"52","sectionType":"section","heading":"Manufacturing licence applications for Act, s 50 (2)—","content":"52 Manufacturing licence applications for Act, s 50 (2)—\nfactory manufacture\nAn application for a manufacturing licence authorising the\nmanufacture of explosives at a factory must include the following\ninformation and documents in addition to what is required under\nsection 51:\n(a) a plan of the premises where the explosives are to be\nmanufactured adequately showing the following:\n(i) the boundaries of the premises and the nature of any\nfences;\n\n(ii) the location of all buildings and structures on the premises\nand their uses, including details of quantities of explosives\nand any other dangerous substances that may be present in\nthose buildings and structures, and applicable separation\ndistances for those explosives and other dangerous\nsubstances;\n(iii) areas of public access and car parking areas;\n(iv) details of all internal roads and points of entry into, and exit\nfrom, the premises;\n(v) the location of automatic fire sprinkler systems, fire\nhydrants, fire hose reels, portable fire-extinguishers and\nother fire protection devices;\n(vi) the place where the manifest and other emergency\ninformation about explosives and other dangerous\nsubstances at the premises is kept;\n(vii) the location of gas, steam and electricity generation or\ndistribution areas;\n(viii) details of all loading and unloading areas for road and rail\nvehicles and ships;\n(ix) details of all buildings, structures and storage areas on\nadjacent premises and areas open to the public;\n(b) an identification number or code for each building on the\npremises;\n(c) the correct product name, UN number, and classification code\nfor each kind of explosive, and any other dangerous substance,\nkept on the premises;\n(d) the maximum quantity of each kind of explosive and any other\ndangerous substance likely to be stored on the premises;\n\n(e) a detailed description of the process of manufacture, including\nthe nature of any chemical reaction involved and the various\noperations to which explosives and any other dangerous\nsubstances used in the process will be subjected;\n(f) a preliminary process flow sheet that provides sufficient detail\nto make an assessment of the risks of manufacture and includes\ninformation about the temperatures and pressures of materials at\neach stage of manufacture;\n(g) a list of the main plant items, specifying the following:\n(i) the capacity, design pressure and temperature limits for\nsafe operation (upper and lower);\n(ii) any special features of construction;\n(iii) details of utility services;\n(h) details of the principal standards and codes to be used in the\ndesign of the plant items;\n(i) a statement of the method by which the manufacturing process\nwill be controlled;\n(j) a description of the location and construction of any control\nroom.\n","sortOrder":48},{"sectionNumber":"53","sectionType":"section","heading":"Manufacturing licence applications for Act, s 50 (2)—","content":"53 Manufacturing licence applications for Act, s 50 (2)—\ncentral mixing points and mobile manufacturing units\n(1) An application for a manufacturing licence authorising the\nmanufacture of explosives at a central mixing point must include the\ninformation and documents mentioned in section 52 (a), (c), (d), (e),\n(g) and (i) in addition to what is required under section 51.\n(2) An application for a manufacturing licence authorising the\nmanufacture of explosives at a mobile manufacturing unit must\ninclude the information and documents mentioned in section 52 (c)\nto (i) in addition to what is required under section 51.\n\n","sortOrder":49},{"sectionNumber":"54","sectionType":"section","heading":"Manufacturing licence applications for Act, s 50 (2)—","content":"54 Manufacturing licence applications for Act, s 50 (2)—\nsafety cartridges\nAn application for a manufacturing licence authorising the\nmanufacture of explosives by filling or capping safety cartridges for\ncommercial purposes must include the information and documents\nmentioned in section 52 (a), (e) and (g) in addition to what is required\nunder section 51.\n","sortOrder":50},{"sectionNumber":"55","sectionType":"section","heading":"Manufacturing licence conditions—Act, s 53 (2) (b)","content":"55 Manufacturing licence conditions—Act, s 53 (2) (b)\nThe following conditions apply to a manufacturing licence for an\nexplosive:\n(b) anyone who handles the explosive or another dangerous\nsubstance under the licence must have the appropriate skills and\ntraining;\n(c) the licensee must provide anyone with a safety data sheet for the\n(d) the licensee must ensure that the explosive is manufactured only\nfor the purpose stated in the licence;\n(e) the licensee must ensure that—\n(ii) a copy of the plan is available for inspection at each\npremises used for manufacturing the explosive under the\nlicence;\n(f) the licensee must ensure that no-one other than a security cleared\n\n(g) the licensee must apply to the work health and safety\n(h) the licensee must—\nmanufacture of the explosive under the licence.\n","sortOrder":51},{"sectionNumber":"55A","sectionType":"section","heading":"Manufacturing licences—review of security plans","content":"55A Manufacturing licences—review of security plans\nThe holder of a manufacturing licence for an explosive must—\n\n","sortOrder":52},{"sectionNumber":"56","sectionType":"section","heading":"Manufacture records","content":"56 Manufacture records\n(1) The holder of a manufacturing licence must, for each explosive\nmanufactured under the licence, make a record of the manufacture\nthat complies with subsection (2).\n(a) the name and classification code of the explosive;\n(b) the quantity of the explosive manufactured;\n(c) the date of manufacture;\n(d) a certificate of analysis for each batch;\n(e) whether the explosive was manufactured for immediate use or\nsupply;\n(f) if the explosive is stored, details of storage, including the name\nand licence details for a person responsible for its storage;\n(g) any information or documents required by a form for the record\nNote If the substance is disposed of, the licensee must make a record of the\ndisposal under s 258.\n(3) The holder of a manufacturing licence must keep a record made under\nthis section of the manufacture of an explosive for at least 3 years\nafter the day of manufacture, whether or not the licence continues in\nforce.\n\nSafety management system Division 2.4.3\nDivision 2.4.3 Safety management system\n","sortOrder":53},{"sectionNumber":"57","sectionType":"section","heading":"Safety management system requirements","content":"57 Safety management system requirements\n(1) The holder of a manufacturing licence must, as soon as practicable\nafter the licence is issued, establish and implement a safety\nmanagement system to ensure that the manufacture of explosives\nunder the licence is carried out as safely as practicable.\n(2) The licensee must ensure that the safety management system is\ndescribed in a document that—\n(a) is comprehensible to people who use it; and\n(b) is readily accessible; and\n(c) sets out—\n(i) the safety objectives of the system; and\n(ii) the systems and procedures by which those objectives are\nto be achieved; and\n(iii) how the safety objectives are measured and maintained;\nand\n(d) includes the information and documents required by schedule 2\nor, if the schedule requires information to be set out in a separate\ndocument, identifies the other document and states where it can\nbe accessed; and\n(e) is communicated to each person involved in the implementation\nof the system, or otherwise affected by the system.\n(3) The safety management system must be prepared in accordance with\nschedule 2.\n(4) The licensee must ensure that the safety management system—\n(a) is implemented and enforced; and\n\n(b) is reviewed and, if necessary, revised—\n(i) whenever a modification is made to the factory; or\n(ii) whenever an incident happens that must be reported under\nsection 24 (Explosives incidents—reporting damage or\ninjury); or\n(iii) whenever a change in the operation of the factory happens;\nand\n(c) is reviewed and, if necessary, revised at least every 5 years.\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"Information about safety management systems","content":"58 Information about safety management systems\n(1) The licensee must keep written records of all modifications made to,\nor affecting the operation of, a safety management system for at least\n5 years, whether or not the licence continues in force for that period.\n(2) The licensee must give the work health and safety commissioner any\nrequested information in relation to the licensee’s safety management\nsystem—\n(a) as soon as is practicable after the work health and safety\ncommissioner asks the licensee for the information; but\n(b) no later than 7 days after the day the licensee receives the\nrequest.\n","sortOrder":55},{"sectionNumber":"59","sectionType":"section","heading":"Application of div 2.4.4—factory manufacture","content":"59 Application of div 2.4.4—factory manufacture\nmanufacture of explosives at a factory.\n\nFactory manufacture Division 2.4.4\n","sortOrder":56},{"sectionNumber":"60","sectionType":"section","heading":"Factory manufacture—notice to fire authorities","content":"60 Factory manufacture—notice to fire authorities\n(1) The licensee must give written notice of the following information to\nthe chief officer (fire and rescue service) or the chief officer (rural fire\nservice), whichever is appropriate, as soon as practicable after the\nlicence is issued, renewed or amended:\n(a) a copy of the licence;\n(b) a site plan showing the location of any buildings containing or\nlikely to contain dangerous substances, including magazines\ncontaining or likely to contain explosives;\n(c) the location of manifests, emergency plans and critical controls\nand interfaces for fire systems.\n(2) If a licence is cancelled or has otherwise ceased to be in force, the\nperson who held the licence must tell the chief officer (fire and rescue\nservice) or the chief officer (rural fire service), whichever is\nappropriate, of the cancellation or cessation, in writing, within 14\ndays after—\n(a) the day of the cessation; or\n(b) if the licence is cancelled—the day the licensee is told about the\ncancellation.\n","sortOrder":57},{"sectionNumber":"61","sectionType":"section","heading":"Separation distances for factories","content":"61 Separation distances for factories\nThe separation distances required by AS 2187.1 must be maintained\nbetween any building containing explosives within a factory and any\nof the following:\n(b) other buildings on the premises;\n\n• a reference to the NEQ of an explosive is taken to be a reference to\nthe gross quantity of the explosive (including packaging)—see s 21.\n","sortOrder":58},{"sectionNumber":"62","sectionType":"section","heading":"Factory modifications","content":"62 Factory modifications\nBefore making any modification to the factory, the licensee must—\n(a) tell the work health and safety commissioner, in writing, about\nthe proposed modification; and\n(b) give the work health and safety commissioner an assessment of\nthe effect of the modification.\n","sortOrder":59},{"sectionNumber":"63","sectionType":"section","heading":"Application of div 2.4.5","content":"63 Application of div 2.4.5\nmanufacture of explosive mixtures at a central mixing point.\n","sortOrder":60},{"sectionNumber":"64","sectionType":"section","heading":"Meaning of explosive mixture controller for div 2.4.5","content":"64 Meaning of explosive mixture controller for div 2.4.5\nIn this division:\nexplosive mixture controller means a person controlling or managing\nthe process of making an explosive mixture.\n","sortOrder":61},{"sectionNumber":"65","sectionType":"section","heading":"General restrictions","content":"65 General restrictions\n(1) Explosive mixtures must, as far as practicable, be manufactured at or\nnear the place where they are to be used.\n\n(2) Explosive mixtures must not be manufactured with a combustible\ncomponent in a powder form that can cause a dust explosion at the\nplace where the mixture is manufactured.\n(3) No more than the quantity of explosive mixtures that can be used or\nloaded into blast holes on the day of manufacture may be\nmanufactured under the licence, unless the excess is stored under\nsection 76.\n","sortOrder":62},{"sectionNumber":"66","sectionType":"section","heading":"Premises and equipment requirements","content":"66 Premises and equipment requirements\nThe following must be constructed in accordance with AS 2187.2:\n(a) buildings or other structures in or on which an explosive mixture\nis to be manufactured;\n(b) mixing appliances and associated equipment used for the\nmanufacture of an explosive mixture.\n","sortOrder":63},{"sectionNumber":"67","sectionType":"section","heading":"Components to be kept in marked containers","content":"67 Components to be kept in marked containers\nContainers of components of explosive mixtures must be clearly and\nconspicuously marked with the name of the contents.\n","sortOrder":64},{"sectionNumber":"68","sectionType":"section","heading":"Warning notice","content":"68 Warning notice\nAn explosive mixture controller must ensure that when the mixture is\nbeing made a notice showing the words set out in table 68, in\nconspicuous red letters on a white background, is prominently\ndisplayed—\n(a) if the mixture is made in the open air—at the mixing point; or\n(b) if the mixture is made in or on a building or structure—outside\nevery entrance to the building or structure.\n\nTable 68 Text of notice\nDANGER\nEXPLOSIVES\nNO SMOKING OR FLAME\n","sortOrder":65},{"sectionNumber":"69","sectionType":"section","heading":"Other people to keep clear","content":"69 Other people to keep clear\n(1) An explosive mixture controller must ensure that no-one enters or\nstays within 10m of the place where the explosive mixture is being\nmade except a person involved in making the mixture.\n(2) A person who is not involved in the process of making an explosive\nmixture commits an offence if the person fails to comply with a\nreasonable requirement made by an explosive mixture controller in\ncarrying out the controller’s duty under subsection (1).\nperson involved, in making an explosive mixture, includes a person\nmaking, carrying or using the mixture.\n","sortOrder":66},{"sectionNumber":"70","sectionType":"section","heading":"Other explosives to be kept away","content":"70 Other explosives to be kept away\nA person making an explosive mixture must ensure that any\ndetonator, primer, detonating cord or other explosive (except any\nexplosives necessarily in a blast hole) is stored in a securely closed\nreceptacle at least 10m away from the central mixing point.\n","sortOrder":67},{"sectionNumber":"71","sectionType":"section","heading":"Fire sources to be kept away","content":"71 Fire sources to be kept away\n(1) An authorised person must not introduce, or allow someone else to\nintroduce, within 10m of any place where an explosive mixture is\npresent or is being made—\n(a) a source of ignition; or\n\n(b) a flammable liquid or gas or readily combustible substance or\nmaterial.\n(2) Subsection (1) does not apply to an ignition source needed to fire the\ncharge, if all of the explosive mixture is in a blast hole.\n(3) Subsection (1) (b) does not apply in relation to—\n(a) a substance or material that is a component of the mixture being\nmade; or\n(b) fuel in the fuel tank of a diesel engine.\n(4) In subsection (1):\nauthorised person means any of the following:\n(a) a licensee;\n(b) an explosive mixture controller;\n(c) a person making the explosive mixture;\n(d) a person authorised by someone mentioned in paragraph (a), (b)\nor (c) to be at premises where the explosive mixture is being\nmade.\n","sortOrder":68},{"sectionNumber":"72","sectionType":"section","heading":"Fire precautions at central mixing point","content":"72 Fire precautions at central mixing point\n(1) The fire prevention measures required by AS 2187.2 must be taken in\nrelation to central mixing points, subject to subsection (2).\n(2) The minimum distance for any distance standard prescribed by\nAS 2187.2 is 10m.\n","sortOrder":69},{"sectionNumber":"73","sectionType":"section","heading":"Disposal of spills and packaging","content":"73 Disposal of spills and packaging\nAn explosive mixture controller must ensure that—\n(a) any spillage of the explosive mixture, or an intended component\nof the mixture, is cleaned up promptly and disposed of safely;\nand\n\n(b) any waste packaging of components or equipment used in the\nprocess of making the mixture is removed promptly and\ndisposed of safely.\n","sortOrder":70},{"sectionNumber":"74","sectionType":"section","heading":"Cleaning of equipment—general","content":"74 Cleaning of equipment—general\nEquipment (including mixers, receptacles and tools) used to make an\nexplosive mixture must be left free of the mixture as far as practicable\nwith the following objects:\n(a) any residual trace of the mixture left on equipment used to make\nthe mixture must not be capable of initiating or contributing to\nan explosion;\n(b) there must be no risk to any possible later user of the equipment.\n","sortOrder":71},{"sectionNumber":"75","sectionType":"section","heading":"Cleaning of equipment before repairs","content":"75 Cleaning of equipment before repairs\n(1) This section applies if a repair or alteration is to be made to—\n(a) any equipment (for example, mixers, receptacles and tools) that\nhas come into contact with an explosive mixture; or\n(b) any premises where an explosive mixture is or has been stored.\n(2) If the repair or alteration will require the use of a potential source of\nheat, flame or sparks (for example, welding, cutting or grinding\nequipment)—\n(a) the explosive mixture must be moved to a safe place; and\n(b) any residual trace of the explosive mixture must be removed\nbefore the repair or alteration begins.\nexplosive mixture includes a component of an explosive mixture.\n\n","sortOrder":72},{"sectionNumber":"76","sectionType":"section","heading":"Storage of unused explosive mixtures","content":"76 Storage of unused explosive mixtures\nIf an explosive mixture cannot be used or loaded into a blast hole on\nthe day it is made, the mixture must be—\n(a) put in containers or packages that are—\n(i) constructed of material that is compatible with the mixture;\n(ii) closed, clean, nonmetallic and leakproof; and\n(iii) conspicuously labelled ‘EXPLOSIVE MIXTURE’; and\n(b) kept in a magazine for which a licence is in force until the\nmixture can be used; and\n(c) used as soon as practicable.\n","sortOrder":73},{"sectionNumber":"77","sectionType":"section","heading":"Separation distances for central mixing points","content":"77 Separation distances for central mixing points\nbetween the central mixing point and any of the following on the\nlicensed premises:\n(b) process buildings;\n\n(2) For working out the separation distances required by the standard\nbetween the central mixing point and a magazine or other building\ncontaining explosives, a reference to the quantity of the explosives is\ntaken to be a reference to the greater of the following:\n(a) the maximum quantity of explosives that can be stored in the\nmagazine or other building containing explosives;\n(b) the total of the maximum quantity of explosive mixture that can\nbe present, and half of the maximum quantity of ammonium\nnitrate that can be present, at the central mixing point.\n(3) For working out separation distances between the central mixing\npoint and protected works or vulnerable facilities, the quantity is the\ntotal of the maximum quantity of explosive mixture that can be\npresent, and half of the maximum quantity of ammonium nitrate that\ncan be present, at the central mixing point.\n","sortOrder":74},{"sectionNumber":"78","sectionType":"section","heading":"Application of div 2.4.6","content":"78 Application of div 2.4.6\n(1) This division applies if a manufacturing licence authorises the\nmanufacture of ANFO, whether at a central mixing point or\nelsewhere.\n(2) A requirement under this division is in addition to any other\nrequirement under this regulation.\n(3) However, if a requirement under this division is inconsistent with\nanother requirement under this regulation, the requirement under this\ndivision prevails.\n","sortOrder":75},{"sectionNumber":"79","sectionType":"section","heading":"Compliance with AS 2187.2","content":"79 Compliance with AS 2187.2\nANFO must be manufactured in accordance with AS 2187.2.\n\nMobile manufacturing units Division 2.4.7\n","sortOrder":76},{"sectionNumber":"80","sectionType":"section","heading":"Separation distances for ammonium nitrate stores","content":"80 Separation distances for ammonium nitrate stores\nbetween any of the following on the premises where explosives are\nlikely to be present and each ammonium nitrate store:\n(b) central mixing points;\n(c) process buildings.\n(2) For working out the separation distances required by the standard\nbetween a central mixing point and an ammonium nitrate store, a\nreference to the quantity of the explosives is taken to be a reference\nto the greater of the following:\n(a) the maximum quantity of explosives that can be present at the\ncentral mixing point;\n(b) half the quantity of ammonium nitrate that can be present at the\ncentral mixing point.\nDivision 2.4.7 Mobile manufacturing units\n","sortOrder":77},{"sectionNumber":"81","sectionType":"section","heading":"Application of div 2.4.7","content":"81 Application of div 2.4.7\nmanufacture of an explosive mixture using a mobile manufacturing\nunit.\n\nDivision 2.4.8 Filling or capping safety cartridges other than at a factory—commercial\n","sortOrder":78},{"sectionNumber":"82","sectionType":"section","heading":"Requirements for mobile manufacturing units","content":"82 Requirements for mobile manufacturing units\n(1) A mobile manufacturing unit must comply with the requirements of\n(2) A mobile manufacturing unit transporting explosives must be marked\nas required by the Australian Explosives Code.\n","sortOrder":79},{"sectionNumber":"83","sectionType":"section","heading":"Operator to stop system","content":"83 Operator to stop system\nA person who operates the processing equipment of a mobile\nmanufacturing unit must ensure that control of the operation is not\nleft unattended while the processing equipment is operating.\nDivision 2.4.8 Filling or capping safety cartridges\nother than at a factory—commercial\n","sortOrder":80},{"sectionNumber":"84","sectionType":"section","heading":"Application of div 2.4.8","content":"84 Application of div 2.4.8\nmanufacture of an explosive by filling or capping safety cartridges\nfor commercial purposes other than at a factory.\n","sortOrder":81},{"sectionNumber":"85","sectionType":"section","heading":"Commercial filling or capping","content":"85 Commercial filling or capping\nAnyone filling or capping safety cartridges under the authority of the\nlicence must comply with the following requirements:\n(a) the filling and capping process must be carried out safely;\n(b) no other activities that may adversely affect the safety of the\nfilling and capping process are to be conducted near to the\nprocess;\n(c) any propellant stored in the room being used in the filling and\ncapping process must be isolated from the operation and any\nsource of ignition;\n\nFilling or capping safety cartridges—non-commercial purposes Division 2.4.9\n(d) any propellant being directly used for the filling and capping\nprocess must not be exposed unnecessarily and must not be\nexposed to a source of ignition;\n(e) the quantity of propellant present must be no greater than is\nreasonably necessary for the process;\n(f) a person who takes part in the filling or capping process or the\nhandling of cartridges must wear clothing and footwear that\ndoes not contribute to the accidental initiation of explosives used\nin the process;\n(g) flammable liquids and gases, combustible liquids and other\ncombustible materials must be isolated, as far as practicable,\nfrom the filling and capping process;\n(h) when the filling operation is completed the equipment used in\nthe operation must be cleaned, and any spills of propellant must\nbe removed and disposed of safely.\nDivision 2.4.9 Filling or capping safety cartridges—\nnon-commercial purposes\n","sortOrder":82},{"sectionNumber":"86","sectionType":"section","heading":"Application of div 2.4.9","content":"86 Application of div 2.4.9\nThis division applies if an individual fills or caps safety cartridges for\na purpose other than a commercial purpose.\n","sortOrder":83},{"sectionNumber":"87","sectionType":"section","heading":"Only authorised explosives to be used","content":"87 Only authorised explosives to be used\n(1) The individual must not fill a safety cartridge with an explosive other\nthan an authorised explosive.\n\nDivision 2.4.9 Filling or capping safety cartridges—non-commercial purposes\n","sortOrder":84},{"sectionNumber":"88","sectionType":"section","heading":"Application of commercial filling or capping requirements","content":"88 Application of commercial filling or capping requirements\n(1) The individual must not cap or fill safety cartridges other than in\naccordance with the requirements stated in section 85 (a) to (h).\n\nInterpretation Division 2.5.1\nDivision 2.5.1 Interpretation\n","sortOrder":85},{"sectionNumber":"89","sectionType":"section","heading":"Meaning of import licence","content":"89 Meaning of import licence\nimport licence means a licence issued for this part authorising the\nimport of explosives.\nNote 2 Import (of a dangerous substance) is defined in the Act, dict to mean\nimport into the ACT. Explosives are dangerous substances.\n","sortOrder":86},{"sectionNumber":"90","sectionType":"section","heading":"Authority to import explosives","content":"90 Authority to import explosives\nA person is authorised to import an explosive if—\n(a) the person holds an import licence authorising the import of the\nexplosive; or\n(b) section 91 applies to the import.\nNote 2 A person who imports an explosive without authorisation may commit an\n","sortOrder":87},{"sectionNumber":"91","sectionType":"section","heading":"Explosives for which no import licence required","content":"91 Explosives for which no import licence required\n(1) This section only applies to authorised explosives.\n(2) The import of the following explosives is authorised for\nsection 90 (b):\n(a) distress signals, if they are imported as part of the necessary\nsafety equipment of a vehicle;\n\n(b) safety cartridges;\n(c) safety fuse;\n(d) starting pistol caps;\n(e) general use fireworks;\n(f) any other explosive declared by the Minister.\n(3) Also, the import of black powder is authorised for section 90 (b) if—\n(a) the importer is an individual; and\n(b) the import is for personal use by the importer; and\n(c) the importer—\n(i) holds a licence under the Firearms Act 1996; and\n(ii) is a member of an approved hunting or shooting club; and\n(iii) intends to use the black powder in a competition, or\ntraining for a competition, conducted by an approved\nhunting or shooting club; and\n(iv) keeps a written record of the amount of black powder\nbrought into the ACT, the amount used and any amount\nexported from the ACT at the end of the competition or\ntraining; and\n(d) the total amount of black powder imported for the competition\nor training is less than 1kg.\n(4) A declaration under subsection (2) (f) is a disallowable instrument.\napproved hunting or shooting club means a hunting or shooting club\napproved under the Firearms Act 1996.\n\nImport licences Division 2.5.2\n","sortOrder":88},{"sectionNumber":"92","sectionType":"section","heading":"Person in control of import—Act, s 17 (1) (e)","content":"92 Person in control of import—Act, s 17 (1) (e)\nFor the Act, the holder of an import licence is a person in control of\nall of the following in relation to the import of an explosive under the\n(b) any premises where the explosive is stored by the licensee after\nimport;\n","sortOrder":89},{"sectionNumber":"93","sectionType":"section","heading":"Reasonable steps for import—Act, s 16 (2) (e)","content":"93 Reasonable steps for import—Act, s 16 (2) (e)\nimport of an explosive, consideration must be given to whether the\nthe import.\n\n","sortOrder":90},{"sectionNumber":"94","sectionType":"section","heading":"Import licence applications—Act, s 50 (2)","content":"94 Import licence applications—Act, s 50 (2)\nAn application for an import licence must include the following\nfor—\n(c) the address of premises where the imported explosives are to be\nstored;\n(d) documentation describing a safety management system for the\nimport, including, for example, safe handling, emergency and\nsecurity procedures for the explosives;\n(e) the purpose of the import, including the earliest proposed date\nfor the import of explosives under the licence;\n(f) for each kind of explosive to be imported—\n(i) the product name, UN number and packing group; or\n(g) any other information or documents required by a form for the\n","sortOrder":91},{"sectionNumber":"95","sectionType":"section","heading":"Import licence conditions—Act, s 53 (2) (b)","content":"95 Import licence conditions—Act, s 53 (2) (b)\nThe following conditions apply to an import licence for an explosive:\n(b) the licensee must import the explosive only for the purpose\nstated in the licence;\n\nImport licences Division 2.5.2\nsystem for the import of explosives under the licence;\n(d) the licensee must provide anyone with a safety data sheet for the\nimport of the explosive under the licence.\n\n","sortOrder":92},{"sectionNumber":"96","sectionType":"section","heading":"Notice of import","content":"96 Notice of import\n(1) The holder of an import licence must give the work health and safety\ncommissioner notice of the licensee’s intention to import explosives.\n(2) However, notice need not be given for the import of an explosive—\n(a) mentioned in table 96, column 2 for an amount less than the\nquantity stated in column 3; or\n(b) if the explosive is imported by a shot-firer who—\n(i) operates in the ACT; and\n(ii) had taken the explosives out of the ACT for use in a\nblasting operation; and\n(iii) is importing the explosives not used in the operation.\n(3) The notice must be given no later than 2 business days before the day\nwhen the explosives are to arrive in the ACT.\n(4) The notice must include the following:\n(a) the name and licence number of the licensee;\n(b) the intended date of import of the explosives;\n(c) how the explosives are to be carried into the ACT;\n(d) the name and authorisation number of the explosives and the\nclassification code assigned on authorisation;\n(e) the details of each explosive imported, as follows:\n(i) if the explosives are in a package containing only a single\nkind of explosive—the weight of each individual package\nand the number of packages;\n(ii) if the import is in bulk—the quantity of the explosive;\n\nImport conditions Division 2.5.3\n(iii) if the import is in a package containing different kinds of\nexplosive—the quantity of each kind of explosives (by\nweight or numbers of articles, or both);\n(f) contact and licence details for the person who is to receive the\nimported explosives;\n(g) the address of the place where the explosives are to be stored in\nthe ACT;\n(h) the name and licence details of the person who is to carry the\nexplosives into the ACT;\n(i) any information or documents required by a form for the notice\nTable 96 Notifiable imports\nitem\nminimum amount requiring\nnotice\n5kg\n2 propellants of classification\ncode 1.3C\n20kg\n3 distress signals of classification\ncode 1.3G\n5kg\n4 distress signals of classification\n10kg\n5 distress signals of classification\ncode 1.3G and 1.4G\n10kg in total, not more\nthan 5kg of which can\nbe classification code\n1.3G\n6 fuse lighters of classification\n10kg\n7 primers or percussion caps of\n10 000 in number\n\nitem\nminimum amount requiring\nnotice\n8 airbag inflators, airbag modules,\nor seatbelt pretensioners, of\nhazard division 1.4 that are not\ninstalled in vehicles or in\ncompleted vehicle components.\n10kg\n","sortOrder":93},{"sectionNumber":"97","sectionType":"section","heading":"Import records","content":"97 Import records\n(1) The holder of an import licence must make a record of all explosives\nimported into the ACT under the licence.\n(2) The licensee must keep each record for at least 3 years after the day\nof the import, whether or not the licence continues in force for that\nperiod.\n\nPreliminary Division 2.6.1\nNote If this regulation require an explosive to be carried in a particular way,\nand a person carrying the explosive does not comply with that\nrequirement, the person may commit an offence against the Act, s 80\n(Unauthorised carrying of certain dangerous substances).\nDivision 2.6.1 Preliminary\n","sortOrder":94},{"sectionNumber":"98","sectionType":"section","heading":"Application of pt 2.6","content":"98 Application of pt 2.6\n(1) This part applies to the carrying of explosives by road or rail.\n(2) However, this part does not apply to the carrying of an explosive by\nan inspector or police officer exercising a function under the Act.\n","sortOrder":95},{"sectionNumber":"99","sectionType":"section","heading":"Carrying explosives—definitions","content":"99 Carrying explosives—definitions\ncarrying licence means a licence issued for this part authorising the\ncarrying of explosives by road or rail.\nNote 2 Carry (a dangerous substance) is defined in the Act, dict to mean the\nmoving of the substance by any means. Explosives are dangerous\ndrive, in relation to a vehicle that is a trailer, includes drive a vehicle\nthat is towing the trailer.\nexempt carrier—see section 100.\nexplosives driving licence means a licence issued for this part\nauthorising the driving of a vehicle to carry explosives.\n\ninterstate explosives carrying authority, in relation to an explosive\ncarried by road or rail, means a written authority (however called—\nfor example a licence or permit) issued under a corresponding law\nthat authorises the authority-holder to carry the explosive by road or\nrail.\ninterstate explosives driving authority, in relation to an explosive\ncarried by road, means a written authority (however called—for\nexample, a permit, or registration certificate) issued under a\ncorresponding law that authorises the authority-holder to drive a\nvehicle carrying the explosive by road.\n","sortOrder":96},{"sectionNumber":"100","sectionType":"section","heading":"Authority to carry explosives by road","content":"100 Authority to carry explosives by road\n(1) A person must not carry an explosive by road (in the ACT) unless—\n(a) the person is authorised to carry the explosive by road (in the\nACT) under a carrying licence; or\n(b) the person holds an interstate explosives carrying authority that\nauthorises the person to carry the explosive by road (in the\nACT); or\n(c) the person—\n(i) drives a vehicle carrying the explosive by road (in the\nACT); and\n(ii) is authorised to carry the explosive by road in the vehicle\n(in the ACT or elsewhere) under an interstate explosives\ncarrying authority; and\n(iii) holds an explosives driving licence, or an interstate\nexplosives driving authority, authorising the driving of the\nvehicle carrying the explosive by road (whether in the ACT\nor elsewhere); or\n\n(d) the person (an exempt carrier)—\n(i) carries a category 1 load of explosives; or\n(ii) is authorised (otherwise than under a carrying licence) or\npermitted to handle the explosive under the Act (including\nthis regulation).\nExample of authority or permission—par (d) (ii)\nThe handling of general use fireworks is permitted under the Act. There are no\nrestrictions on handling general use fireworks apart from generalised safety duties\nunder the Act relating to dangerous substances.\n(2) A carrying licence that authorises the carrying of an explosive by road\n(in the ACT) authorises the carrying of the explosive by—\n(a) the licensee; or\n(b) an individual who—\n(i) is engaged (as an employee or contractor) to carry the\nexplosive by road under the supervision of the licensee;\nand\n(ii) holds an explosives driving licence, or an interstate\nexplosives driving authority, authorising the driving of a\nvehicle carrying the explosive.\nNote 1 Carrying licences are issued under the Act, ch 4 (Licences for dangerous\nNote 2 A person who carries an explosive without authorisation may commit an\nNote 3 In addition to the requirements of this section in relation to the carrying\n(in general) of explosives, anyone driving a vehicle to carry explosives\nby road must have authority to do so (eg an explosives driving licence or\nan interstate explosives driving authority)—see s 107.\n\ncategory 1 load, of explosives, means a category 1 load of the\nexplosives under the Australian Explosives Code.\nNote A category 1 load is a ‘low risk’ load under the code, table 2.1.\n","sortOrder":97},{"sectionNumber":"101","sectionType":"section","heading":"Authority to carry explosives by rail","content":"101 Authority to carry explosives by rail\n(1) A person must not carry explosives by rail (in the ACT) unless—\n(a) the person is authorised under a carrying licence to carry the\nexplosives by rail (in the ACT); or\n(b) the person is authorised under an interstate explosives carrying\nauthority to carry the explosives by rail (in the ACT or\nelsewhere).\n(2) A carrying licence that authorises the carrying of an explosive by rail\n(in the ACT) authorises the carrying of the explosive by—\n(a) the licensee; and\n(b) any individual engaged (as an employee or contractor) to carry\nthe explosive by rail under the licensee’s supervision.\nNote 1 Carrying licences are issued under the Act, ch 4 (Licences for dangerous\nNote 2 A person who carries an explosive without authorisation may commit an\n","sortOrder":98},{"sectionNumber":"102","sectionType":"section","heading":"Engaging someone else to carry explosives","content":"102 Engaging someone else to carry explosives\n(1) A person must not engage someone else to carry an explosive by road\nor rail.\n(2) Subsection (1) does not apply if the person whose services are\nengaged is authorised under section 100 or section 101 to carry the\n\n","sortOrder":99},{"sectionNumber":"103","sectionType":"section","heading":"Person in control of carrying explosive—Act, s 17 (1) (e)","content":"103 Person in control of carrying explosive—Act, s 17 (1) (e)\nFor the Act, the holder of a carrying licence is a person in control of\nall of the following in relation to the carrying of an explosive under\nthe licence:\n(b) any premises where the explosive is stored by the licensee for\ncarrying;\n","sortOrder":100},{"sectionNumber":"104","sectionType":"section","heading":"Reasonable steps for carrying explosives—Act,","content":"104 Reasonable steps for carrying explosives—Act,\ns 16 (2) (e)\ncarrying of an explosive, consideration must be given to whether the\ncarrying the explosive.\n\n","sortOrder":101},{"sectionNumber":"105","sectionType":"section","heading":"Carrying licence applications—Act, s 50 (2)","content":"105 Carrying licence applications—Act, s 50 (2)\nAn application for a carrying licence for an explosive must include\nthe following:\nfor—\n(ii) anyone who is to be a responsible person for the explosive;\n(c) the purpose of the carrying;\n(d) documentation describing a safety management system\n(including an emergency plan) for carrying the explosive;\nExample of other matters for inclusion in the safety management\nsystem\nsafe handling and security procedures for carrying the explosive\n(e) details of each vehicle to be used for carrying the explosive,\nincluding the following:\n(i) make;\n(ii) model;\n(iii) year of manufacture;\n(iv) authorisation number;\n(v) engine number;\n(vi) registration number;\n(vii) carrying capacity;\n(viii) type of fuel;\n(ix) category of load that can be carried;\n\n(x) any modifications making the vehicle suitable for carrying\nthat category of load;\n(f) the hazard division, of the explosive and the maximum quantity\nto be carried;\n(g) details of training to be undertaken to comply with\nsection 106 (1) (e);\n(h) a security plan prepared in accordance with section 105A\n(Carrying licence applications—security plans);\n(i) any information or documents required by a form for the\n","sortOrder":102},{"sectionNumber":"105A","sectionType":"section","heading":"Carrying licence applications—security plans","content":"105A Carrying licence applications—security plans\n(1) A security plan for carrying an explosive must be based on a security\nrisk assessment.\n(a) details of the precautions to be taken to ensure the explosive is\nsecure for the duration of their entire journey;\n(b) procedures for working out routes for the transport of the\n(d) procedures for reporting any loss, theft or attempted theft of the\n(e) any information or documents required by a form for the\n","sortOrder":103},{"sectionNumber":"106","sectionType":"section","heading":"Carrying licence conditions—Act, s 53 (2) (b)","content":"106 Carrying licence conditions—Act, s 53 (2) (b)\n(1) The following conditions apply to a carrying licence for an explosive:\n\n(b) the licensee must ensure that the only vehicles used for carrying\nthe explosive under the licence are approved vehicles;\n(c) the licensee must ensure that the explosive is carried only for the\npurpose stated in the licence;\n(d) the licensee must establish and maintain a safety management\nsystem (including an emergency plan) for the carrying of the\nexplosive under the licence;\n(e) anyone who handles the explosive or another dangerous\nsubstance under the licence must have the appropriate skills and\ntraining, including training in the requirements of the Australian\nExplosives Code as applied for this part;\n(f) the licensee must ensure that—\n(ii) a copy of the plan is available for inspection in each vehicle\nused for carrying the explosive under the licence;\n(g) the licensee must ensure that no-one other than a security cleared\n(h) the licensee must apply to the work health and safety\n(i) the licensee must—\n\ncarrying of the explosive under the licence.\napproved vehicle means a vehicle stated in the licence, or in an\ninterstate explosives carrying authority, that meets the requirements\nof the Australian Explosives Code in relation to the category of load\n(within the meaning of the code) carried by the vehicle.\n","sortOrder":104},{"sectionNumber":"106A","sectionType":"section","heading":"Carrying licences—review of security plans","content":"106A Carrying licences—review of security plans\nThe holder of a carrying licence for an explosive must—\n\n","sortOrder":105},{"sectionNumber":"107","sectionType":"section","heading":"Authority for driving vehicle carrying explosives","content":"107 Authority for driving vehicle carrying explosives\n(1) A person may drive a vehicle carrying an explosive by road (in the\nACT) only if—\n(a) the person—\n(i) is authorised to do so under a carrying licence or an\ninterstate explosives carrying authority; and\n(ii) holds an explosives driving licence or an interstate\nexplosives driving authority authorising the person to do\nso; or\n(b) the person—\n(i) drives the vehicle carrying a category 2 load of explosives;\nand\n(ii) is authorised to use the explosives under a blasting permit\nor a fireworks display permit; or\n(c) the person is an exempt carrier.\nNote 1 Explosives driving licences are issued under the Act, ch 4 (Licences for\ndangerous substances). Explosives are dangerous substances.\nNote 2 A person who drives a vehicle carrying an explosive without\nauthorisation may commit an offence against the Act, pt 5.1.\ncategory 2 load, of explosives, means a category 2 load of the\nexplosives under the Australian Explosives Code.\nNote A category 2 load is a ‘moderate risk’ load under the code, table 2.1.\n\n","sortOrder":106},{"sectionNumber":"108","sectionType":"section","heading":"Engaging someone else to drive a vehicle carrying","content":"108 Engaging someone else to drive a vehicle carrying\n(1) A person commits an offence if the person—\n(a) owns or controls a vehicle, and permits someone else (the\ndriver) to drive the vehicle to carry an explosive; or\n(b) engages someone else (the driver) to drive a vehicle to carry an\n(2) Subsection (1) does not apply if the driver is authorised under\nsection 107 to drive the vehicle carrying the explosive.\n","sortOrder":107},{"sectionNumber":"109","sectionType":"section","heading":"Person in control of driving vehicle carrying explosives—","content":"109 Person in control of driving vehicle carrying explosives—\nAct, s 17 (1) (e)\nFor the Act, the holder of an explosives driving licence is a person in\ncontrol of all of the following in relation to driving a vehicle carrying\nan explosive under the licence:\n(b) the vehicle used for carrying the explosive;\n\n","sortOrder":108},{"sectionNumber":"110","sectionType":"section","heading":"Reasonable steps for driving vehicle carrying an","content":"110 Reasonable steps for driving vehicle carrying an\nexplosive—Act, s 16 (2) (e)\nin relation to a risk that may arise directly or indirectly from driving\na vehicle carrying an explosive, consideration must be given to\nwhether the requirements under this part have been complied with in\nrelation to driving the vehicle.\n","sortOrder":109},{"sectionNumber":"111","sectionType":"section","heading":"Explosives driving licence applications—Act, s 50 (2)","content":"111 Explosives driving licence applications—Act, s 50 (2)\nAn application for an explosives driving licence must include the\nfollowing information and documents:\n(a) the name, address and date of birth of, and copies of\nidentification papers for, the applicant;\n(b) the name and address of, and copies of identification papers for,\nanyone else who is to be a responsible person for the explosives;\n(c) 2 passport photographs of the applicant;\n(d) a copy of a driver licence the applicant has held for the previous\n12 months;\n(e) details of the vehicle or vehicles that the applicant proposes to\nuse to carry explosives;\n(f) evidence that the applicant has had experience within the\nprevious 12 months of driving a vehicle or vehicles of the kind\nor kinds in which explosives are to be carried under the licence;\n\n(g) evidence that the applicant has satisfactorily completed a\ntraining course approved by the work health and safety\ncommissioner for a driver of a vehicle carrying explosives by\nroad;\n(h) evidence that the applicant has met the commercial vehicle\ndriver medical standards required by Assessing Fitness to Drive,\npublished by Austroads Inc.;\n(i) evidence of the applicant’s driving history record as required by\na form for the application approved under the Act, section 222;\n(j) any other information or documents required by such a form.\n","sortOrder":110},{"sectionNumber":"112","sectionType":"section","heading":"Suitable people to hold explosives driving licences—Act,","content":"112 Suitable people to hold explosives driving licences—Act,\nto be issued with, or to continue to hold, an explosives driving licence\ninclude whether the person—\n(a) is an individual who is at least 21 years old; and\n(b) has held a driver licence for at least 12 months before the licence\nis issued; and\n(c) continues to hold a driver licence after the licence is issued,\nwithout the licence being suspended or cancelled; and\n(d) after the explosives driving licence is issued—is convicted or\nfound guilty in the ACT or elsewhere of an offence involving a\ndangerous substance; and\n(e) has been convicted or found guilty within the previous 5 years\nof a defined driving offence; and\n(f) has a regular history over the previous 5 years of offences\nrelating to driving vehicles; and\n\n(g) has at least 12 months experience driving a vehicle or vehicles\nof the kind or kinds in which the explosives will be carried; and\n(h) meets the commercial vehicle driver medical standards required\nby Assessing Fitness to Drive; and\n(i) has demonstrated adequate knowledge of—\n(i) the requirements of this regulation and the Australian\nExplosives Code (as applied by this part) that relate to the\ncarrying of explosives by road; and\n(ii) the characteristics of explosives of the various hazard\ndivisions; and\n(iii) the precautions to be taken for the prevention of accidents\nin the carrying and associated handling of explosives; and\n(iv) the actions to be taken if an emergency happens involving\n(2) A person satisfies the requirements of subsection (1) (i) if the person\nhas completed and passed a training course approved by the work\nhealth and safety commissioner.\ndefined driving offence means an offence against any of the\nfollowing provisions:\n(a) the Road Transport (Alcohol and Drugs) Act 1977, part 3;\n(b) the Road Transport (Safety and Traffic Management) Act 1999,\nsection 6 (Negligent driving), section 7 (Furious, reckless or\ndangerous driving) or section 8 (Menacing driving);\n\n(c) a provision of a law of the Commonwealth or a State that\ncorresponds to a provision mentioned in paragraph (a) or (b).\n","sortOrder":111},{"sectionNumber":"113","sectionType":"section","heading":"Explosives driving licence conditions—Act, s 53 (2) (b)","content":"113 Explosives driving licence conditions—Act, s 53 (2) (b)\nIt is a condition of each explosives driving licence that the licensee\ncomplies with this part.\nNote A licensee who fails to comply with a condition of the licence may\n","sortOrder":112},{"sectionNumber":"114","sectionType":"section","heading":"Production of driving authority on request","content":"114 Production of driving authority on request\n(1) A person who drives a vehicle carrying an explosive must—\n(a) carry the required authorisation at all times while driving a\nvehicle in the ACT carrying explosives; and\n(b) produce the required authorisation for inspection if asked by an\ninspector or a police officer.\n(2) This section does not apply to an exempt carrier.\nrequired authorisation, for a person to carry and produce under this\nsection, means—\n(a) each of the following:\n(i) an explosives driving authority, or an interstate explosives\ndriving authority, that authorises the person to drive the\nvehicle carrying the explosive;\n\nDivision 2.6.4 Australian Explosives Code—carrying and consignment\n(ii) a carrying licence, or an interstate explosives carrying\nauthority, that authorises the carrying of the explosive, or\na copy of such a licence or authority certified by the holder\nof the licence or authority as a true copy of the licence; or\n(b) if the vehicle is carrying a category 2 load of explosives—\n(i) the documents mentioned in paragraph (a); or\n(ii) a licence authorising the person to use the explosives under\na blasting permit or a fireworks display permit, or a copy\nof the licence certified by the licensee as a true copy of the\nlicence.\nDivision 2.6.4 Australian Explosives Code—carrying\nand consignment\n","sortOrder":113},{"sectionNumber":"115","sectionType":"section","heading":"Australian Explosives Code—carrying explosives","content":"115 Australian Explosives Code—carrying explosives\n(1) Explosives must be carried in accordance with the Australian\nExplosives Code.\n(2) For the application of the code to this section, a vehicle carrying any\nquantity of explosives of classification code 1.1A must comply with\nthe requirements of the code for carrying a category 3 load of\n(3) The holder of a carrying licence must keep a copy of the shipping\ndocumentation required under the code in relation to the delivery of\nan explosive under the licence for 3 years after the day the explosive\nis delivered.\n\nAustralian Explosives Code—carrying and consignment Division 2.6.4\ncategory 3 load, of explosives, means a category 3 load of the\nexplosives within the meaning of the Australian Explosives Code.\nNote A category 3 load is a ‘high risk’ load under the code, table 2.1.\n","sortOrder":114},{"sectionNumber":"116","sectionType":"section","heading":"Australian Explosives Code—consigning explosives","content":"116 Australian Explosives Code—consigning explosives\n(1) A consignor of an explosive must comply with the Australian\nExplosives Code in relation to the consignment.\nExamples of required compliance\n1 The consignor must ensure that the shipping documentation for the explosive\nrequired by the code is completed as required (see the code, ch 4).\n2 The consignor must ensure that the general duties of consignors prescribed by\nthe code are complied with (see the code, s 8.3.2).\n3 The consignor must ensure that the explosive is correctly packed and marked\nin accordance with the code before being loaded (see the code, ch 3 and ch 5).\n4 The consignor must ensure that the driver of the vehicle that is to carry the\nexplosive is provided with an emergency procedure guide appropriate to the\nkind of explosive (see the code, s 8.3.7).\n(2) A person who drives a vehicle carrying an explosive consigned by the\nconsignor must carry the shipping documentation required under the\ncode.\nconsignor—see the Australian Explosives Code, section 1.2.\n\n","sortOrder":115},{"sectionNumber":"117","sectionType":"section","heading":"Route and time restrictions","content":"117 Route and time restrictions\n(1) The work health and safety commissioner may determine—\n(a) routes by which, and the times when, particular quantities or\nclassification codes of explosives may be carried by road in the\nACT; or\n(b) routes by which, and times when, particular quantities or\nclassification codes of explosives must not be carried by road in\nthe ACT.\n(2) A determination is a disallowable instrument.\n(3) If the work health and safety commissioner makes a determination,\nexplosives may be carried by road only in accordance with the\ndetermination.\nDivision 2.6.6 Rail carrying conditions\n","sortOrder":116},{"sectionNumber":"118","sectionType":"section","heading":"Explosives held in rail yards or sidings","content":"118 Explosives held in rail yards or sidings\nIf a rail vehicle containing explosives is held at a rail yard or siding—\n(a) the maximum amount of explosive of any hazard division,\nexcept hazard division 1.4, per vehicle must not exceed\n40 000kg; and\n(b) the explosives must not be kept in the rail yard or siding for\nlonger than—\n(i) 48 hours over 2 consecutive business days; or\n(ii) if there is a weekend or public holiday within 48 hours after\nthe explosives are first kept in the rail yard or siding—\n4 days.\n\nRail carrying conditions Division 2.6.6\n","sortOrder":117},{"sectionNumber":"119","sectionType":"section","heading":"Separation distances for explosives in rail yards or","content":"119 Separation distances for explosives in rail yards or\nsidings\nIf a rail vehicle containing explosives is held at a rail yard or siding,\nthe vehicle must be separated from any other vehicles containing\nexplosives or placarded loads of other dangerous substances by the\nseparation distances for the separation of rail vehicles required under\nthe Australian Explosives Code.\n","sortOrder":118},{"sectionNumber":"120","sectionType":"section","heading":"Sources of ignition","content":"120 Sources of ignition\n(1) A person must not introduce a source of ignition onto a rail vehicle\ncontaining explosives.\n\nNote If this regulation require an explosive to be stored in a particular way, and\na person storing the explosive does not comply with that requirement—\n• the explosive is not correctly stored for the Act, s 14 (1) (a)\n• if the person is in control of the manufacture, import or supply of the\nexplosive, the person may commit an offence against the Act, s 26,\ns 27 or s 28, which impose safety duties in relation to dangerous\nsubstances (including explosives)\n• in addition, the person may commit an offence against the Act,\npt 5.1.\n","sortOrder":119},{"sectionNumber":"121","sectionType":"section","heading":"Application of pt 2.7","content":"121 Application of pt 2.7\n(1) This part applies to the storage of explosives.\n(2) However, this part does not apply to the storage of an explosive by an\ninspector or police officer exercising a function under the Act.\n","sortOrder":120},{"sectionNumber":"122","sectionType":"section","heading":"Storage definitions","content":"122 Storage definitions\nblasting and fireworks storage—see section 123.\ncombustible material means material (including flammable liquids\nand gases and combustible liquids) that can be ignited easily, and\nburns strongly.\nexempt storage—see section 124.\nlicensable storage, of an explosive, means—\n(a) for an explosive mentioned in table 123 (blasting and fireworks\nstorage)—storage of the explosive other than blasting and\nfireworks storage or exempt storage; or\n\nPreliminary Division 2.7.1\n(b) for an explosive mentioned in table 124 (exempt storage)—\nstorage of the explosive other than blasting and fireworks\nstorage or exempt storage; or\n(c) for any other explosive—storage of any quantity of the\nlicensed storage place means a building, room or receptacle on the\nlicensed premises where explosives are authorised to be stored under\na storage licence.\nmagazine means a store used exclusively for keeping explosives,\nincluding the following (if used in that way):\n(a) a building or other premises;\n(b) a receptacle, whether or not it is portable or relocatable.\nNote Adapted from the definition in AS 2187.0, which is the applicable\ndefinition for AS 2187.1. Certain aspects of AS 2187.1 are applied by\nthis part (see div 2.7.3).\nmagazine area—see section 132.\nportable magazine means an external portable magazine or an\ninternal portable magazine within the meaning of AS 2187.0.\nNote For the definitions of external portable magazine and internal portable\nmagazine in AS 2187.0, see the definition of magazine in that standard.\nThose definitions only include portable magazines constructed in\naccordance with AS 2187.1, s 2.2.\nspecial portable magazine storage—see section 157.\nstorage licence means a licence issued for this part authorising the\nstorage of explosives.\n\n","sortOrder":121},{"sectionNumber":"123","sectionType":"section","heading":"Meaning of blasting and fireworks storage","content":"123 Meaning of blasting and fireworks storage\nblasting and fireworks storage, of an explosive mentioned in\ntable 123, means storage of the explosive, if—\n(a) any storage licence exemption condition mentioned in the table\nfor the explosive applies; and\n(b) the quantity stored is no greater than the quantity mentioned in\nthe table for the explosive.\nTable 123 Blasting and fireworks storage\nitem\n1 explosives of\nor 1.5D (including water\ngels, emulsions, nitrate\nmixtures and boosters)\n30kg\n2 detonating cord of\n1 000m\n3 gunpowder for blasting\nof classification\ncode 1.1D\n20kg\n4 detonators of\nclassification code 1.1B\nor 1.4B\n500 in number\n5 fireworks (any kind) storage\nfireworks\ndisplay permit\nmaximum\nquantity\npermitted under\nthe permit\n\nPreliminary Division 2.7.1\nitem\n6 fuse lighters of\n5kg\n7 plastic igniter cord of\n5 000m\n8 explosives of hazard\ndivision 1.4, if not\notherwise mentioned in\nthis table\n50kg\n9 explosives of hazard\ndivision 1.6\n50kg\n","sortOrder":122},{"sectionNumber":"124","sectionType":"section","heading":"Meaning of exempt storage","content":"124 Meaning of exempt storage\nexempt storage, of an explosive mentioned in table 124, means\nstorage of the explosive if—\n(a) any storage licence exemption condition mentioned in the table\nfor the explosive applies; and\n(b) the quantity stored is no greater than the quantity (if any)\nmentioned in the table for the explosive.\n\nTable 124 Exempt storage\nitem\n2kg\n2 propellants of\nclassification code 1.3C\n10kg\n3 distress signals of\nclassification code 1.3G,\nif unaccompanied by\ndistress signals of\n2kg\n4 distress signals of\nclassification code 1.4G,\nif unaccompanied by\ndistress signals of\nclassification code 1.3G,\nand if stored for\n5kg\n5 distress signals of\nand 1.3G, stored\ntogether, and if stored for\n5kg in total,\nincluding not\nmore than 2kg\nof classification\ncode 1.3G\n6 safety cartridges of\nclassification code 1.4S,\nother than ammunition\n10 000 in\nnumber\n7 primers or percussion\ncaps of classification\ncode 1.4S\n10 000 in\nnumber\n\nitem\n8 safety fuse of\n350m\n9 airbag inflators, airbag\nmodules and seatbelt\npretensioners, of hazard\ndivision 1.4\nif incorporated\ninto completed\nvehicle\ncomponents\nunlimited\n10 model rocket motors of\nhazard division 1.4 that\neach—\n(a) contain less than\n62.5g of propellant;\nand\n(b) have a capacity for\ngenerating a total\nimpulse of no more\nthan 80N\n5kg\n11 sparklers 10kg\n12 general use fireworks\nother than sparklers\nunlimited\n","sortOrder":123},{"sectionNumber":"125","sectionType":"section","heading":"Authority to store explosives","content":"125 Authority to store explosives\n(1) A person must not store an explosive unless—\n(a) for a licensable quantity of the explosive—the person is\nauthorised under a storage licence to store the explosive; or\n(b) the storage is blasting and fireworks storage; or\n\n(c) the storage is exempt storage.\nNote The following provisions apply to blasting and fireworks storage\notherwise than under a storage licence:\n• div 2.9.6 (On-site storage by shot-firers)\n• s 329 (On-site storage—outdoor displays).\n(2) A storage licence authorises the storage of the explosive—\n(a) by the licensee; and\n(b) by the licensee, on behalf of a person who owns or controls the\nexplosive, with the written permission of the licensee.\nNote 1 Storage licences are issued under the Act, ch 4 (Licences for dangerous\nNote 2 A person who stores an explosive without authorisation may commit an\n","sortOrder":124},{"sectionNumber":"126","sectionType":"section","heading":"Person in control of storing explosives—Act, s 17 (1) (e)","content":"126 Person in control of storing explosives—Act, s 17 (1) (e)\nFor the Act, the holder of a storage licence is a person in control of\nall of the following in relation to the storage of an explosive under the\n(b) the premises where the explosive is stored;\n\n","sortOrder":125},{"sectionNumber":"127","sectionType":"section","heading":"Reasonable steps for storage—Act, s 16 (2) (e)","content":"127 Reasonable steps for storage—Act, s 16 (2) (e)\nstorage of an explosive, consideration must be given to whether the\nthe storage.\n","sortOrder":126},{"sectionNumber":"128","sectionType":"section","heading":"Storage licence applications—Act, s 50 (2)","content":"128 Storage licence applications—Act, s 50 (2)\n(1) An application for a storage licence must include the following\nfor—\n(c) the purpose of the storage;\n(d) the address of the premises where the explosives are to be stored;\n(e) documentation describing a safety management system\n(including an emergency plan) for the storage of explosives at\nthe premises;\n(f) a scale plan of the premises showing the defined details;\n\n(g) a description of each magazine to be used to store explosives,\nincluding the type of magazine as described in AS 2187.1;\n(h) drawings and specifications showing construction details of\neach magazine;\n(i) details of applicable separation distances enabling compliance\nwith section 135 (Separation distances for magazines) to be\nestablished;\n(j) for each kind of explosive to be stored in each magazine—\n(k) the maximum quantity of each kind of explosive to be stored in\neach magazine;\n(l) the purpose of storage;\n(m) the product name, UN number, classification code, packaging\ngroup and maximum quantity for each kind of dangerous\nsubstance (other than explosives) to be stored on the premises;\n(n) for any external magazine (whether portable, relocatable or\npermanent) details of the following:\n(i) any mounding;\n(ii) any lightning protection;\n(iii) any fencing;\n(o) details of signage for each magazine and any fencing or building\nin which the magazine is contained;\n(p) a security plan prepared in accordance with section 128A\n(Storage licence applications—security plans);\n(q) any other information or documents required by a form for the\n\ndefined details, for a scale plan of the premises where the explosives\nare to be stored, means the following:\n(a) the boundaries of the premises and the nature of any fencing;\n(b) the location of all buildings and structures on the premises and\ntheir uses, including details of quantities of explosives and any\nother dangerous substances that may be present there;\n(c) the location of each magazine or other storage facility for\nexplosives and other dangerous substances;\n(d) details of applicable separation distances for explosives and\ndangerous substances;\n(e) any protected works within the separation distances;\n(f) the location of services and utilities, including generation or\ndistribution areas, and underground pipes and infrastructure;\n(g) details of all internal roads and points of entry into, and exit\nfrom, the premises;\n(h) the locations of all fire protection devices, including any\nautomatic fire sprinkler systems, fire hydrants, fire hose reels\nand portable fire-extinguishers.\n","sortOrder":127},{"sectionNumber":"128A","sectionType":"section","heading":"Storage licence applications—security plans","content":"128A Storage licence applications—security plans\n(1) A security plan for storing an explosive must be based on a security\nrisk assessment.\n(a) details of the precautions to be taken to ensure the premises\nwhere the explosive is stored are secure;\n(b) procedures for controlling access to the premises and to the\n\n(d) procedures for reporting any loss, theft or attempted theft of the\n(e) any information or documents required by a form for the\n","sortOrder":128},{"sectionNumber":"129","sectionType":"section","heading":"Storage licence conditions—Act, s 53 (2) (b)","content":"129 Storage licence conditions—Act, s 53 (2) (b)\nThe following conditions apply to a storage licence for an explosive:\n(b) the licensee must store the explosive only for the purpose stated\nin the licence;\nsystem, including an emergency plan, for the storage of the\nexplosive under the licence;\n(d) the licensee must ensure that—\n(ii) a copy of the plan is available for inspection at each\nmagazine used for storing the explosive under the licence;\n\nstorage of the explosive under the licence.\n","sortOrder":129},{"sectionNumber":"129A","sectionType":"section","heading":"Storage licences—review of security plans","content":"129A Storage licences—review of security plans\nThe holder of a storage licence for an explosive must—\n","sortOrder":130},{"sectionNumber":"130","sectionType":"section","heading":"Storage records","content":"130 Storage records\n(1) The holder of a storage licence must, for each magazine used for\nstorage of explosives under the licence—\n(a) make a record of the storage of an explosive in the magazine that\ncomplies with subsection (2); and\n(b) while explosives are stored in the magazine under the licence—\nmaintain an accurate inventory of the contents of the magazine.\n\n(a) either—\n(b) the date of receipt;\n(c) the name and licence details of the person (if any) from whom\nthe explosive was received;\n(d) the name and licence details of any person on whose behalf the\nlicensee is storing an explosive;\n(e) the date the explosive is removed from the magazine;\n(f) the reason for removal;\nExamples of reasons\n1 use\n2 supply\n3 disposal\n(g) any information or documents required by a form for the record\n(3) The holder of a storage licence must keep a record made under this\nsection of the storage of an explosive from the day on which it is\nstored until at least 3 years after the day the explosive is removed\nfrom storage, whether or not the licence continues in force.\n\n","sortOrder":131},{"sectionNumber":"131","sectionType":"section","heading":"Application of div 2.7.3","content":"131 Application of div 2.7.3\nThis division applies to the licensable storage of explosives in a\nmagazine under a storage licence.\n","sortOrder":132},{"sectionNumber":"132","sectionType":"section","heading":"Meaning of magazine area","content":"132 Meaning of magazine area\nmagazine area means a site where there are 2 or more magazines to\nwhich this division applies.\n","sortOrder":133},{"sectionNumber":"133","sectionType":"section","heading":"Requirement for storage in magazine","content":"133 Requirement for storage in magazine\nIf an explosive is subject to licensable storage, the explosive must be\nstored in a magazine in accordance with this division.\n","sortOrder":134},{"sectionNumber":"134","sectionType":"section","heading":"Licensable storage—notice to fire authorities","content":"134 Licensable storage—notice to fire authorities\n(1) The licensee must give written notice of the following information to\nthe chief officer (fire and rescue service) or the chief officer (rural fire\nservice), whichever is appropriate, as soon as practicable after the\nlicence is issued, renewed or amended:\n(a) a copy of the licence;\n(b) a site plan showing the location of the magazine.\n(2) If the licence is cancelled or otherwise ceases to be in force, the\nformer licensee must give written notice of the cancellation or\ncessation to the chief officer (fire and rescue service) or the chief\nofficer (rural fire service), whichever is appropriate, within 7 days\nafter—\n(a) the day of the cessation; or\n\n(b) if the licence is cancelled—the day the former licensee is told\nabout the cancellation.\n","sortOrder":135},{"sectionNumber":"135","sectionType":"section","heading":"Separation distances for magazines","content":"135 Separation distances for magazines\nbetween the magazine and any of the following:\n(a) other magazines;\n(b) other buildings on the premises;\nNote 1 AS 2187.1, table 3.2.3.2 sets out the separation distances that are applied\nby this regulation.\nNote 2 In applying AS 2187.1:\n(2) In the application of AS 2187.1 under subsection (1), a reference in\nAS 2187.1 to the quantity of an explosive is taken to be a reference\nto—\n(a) for a reference to the lowest quantity stated in AS 2187.1—any\nlesser quantity of the explosive; and\n\n(b) for a reference to a higher quantity stated in AS 2187.1—a\nquantity of explosive equal to or greater than the next lowest\nstated quantity but less than the higher quantity.\nThe lowest quantity mentioned in AS 2187.1 of an explosive is 50kg. The next\n2 higher quantities mentioned are 100kg and 200kg.\n","sortOrder":136},{"sectionNumber":"1","sectionType":"section","heading":"The separation distances set out in AS 2187.1 for explosives of 50kg apply","content":"1 The separation distances set out in AS 2187.1 for explosives of 50kg apply\nunder this section to all quantities of the explosive that are less than 50kg.\n","sortOrder":137},{"sectionNumber":"2","sectionType":"section","heading":"The separation distances set out in the standard for explosives of 100kg apply","content":"2 The separation distances set out in the standard for explosives of 100kg apply\nunder this section to all quantities of explosive that are equal to or greater than\n50kg but less than 100kg.\n3 Similarly, the separation distances set out in the standard for explosives of\n200kg apply under this section to all quantities of explosive that are equal to\nor greater than 100kg but less than 200kg.\n(3) Subsection (1) does not apply—\n(a) to an annexe to the magazine where detonators are stored if—\n(i) there are no more than 50 000 detonators in the annexe;\nand\n(ii) the distance between the annexe and any magazine is in\naccordance with the requirements stated in AS 2187.1 for\nseparation distances between premises used for the storage\nof detonators and premises used for storing other\nexplosives; or\n(b) to an annexe to the magazine if—\n(i) the magazine is used for the packing of fireworks; and\n(ii) there are no more than 200kg of fireworks in the annexe;\nor\n(c) to special portable magazine storage under division 2.7.4.\n(4) Despite AS 2187.1, the separation distance for any quantity of\nexplosive of hazard division 1.4 is 25m from process buildings and\nprotected works.\n\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Construction of magazines","content":"136 Construction of magazines\nThe magazine must be sited, designed and constructed in accordance\nwith AS 2187.1.\nNote AS 2187.1 sets out general requirements for magazine siting, design and\nconstruction, together with specific requirements for different kinds of\nmagazine, including portable magazines, relocatable magazines and fixed\nor permanent magazines (above and below ground).\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Mounding for above-ground magazines","content":"137 Mounding for above-ground magazines\n(1) If mounding is used for an above-ground magazine, the mounding\nmust be constructed in accordance with AS 2187.1.\nNote See AS 2187.1, s 2.1.1.4 and appendix B.\n(2) However, mounding may be constructed otherwise than in\naccordance with AS 2187.1, if constructed taking into consideration\nthe following matters:\n(a) the potential blast and fragmentation loading from the magazine;\n(b) the interaction of that loading with the materials of construction\nof the mound;\n(c) the need to avoid the projection of any resulting fragmentation\nbeyond the applicable separation distances.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Lightning protection","content":"138 Lightning protection\nAn above-ground magazine must be provided with lightning\nprotection in accordance with the requirements of AS 2187.1.\nNote See AS 2187.1, s 2.1.5.\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Security fencing for above-ground magazines","content":"139 Security fencing for above-ground magazines\n(1) This section applies if the explosives are stored in—\n(a) an above-ground magazine; or\n(b) 2 or more above-ground magazines in a magazine area.\n\n(2) The magazine or magazine area must be surrounded by a security\nfence.\n(3) The security fence must be constructed in accordance with\nAS 2187.1.\nNote See AS 2187.1, s 2.1.1.5 and appendix C.\n(4) This section does not apply to an internal portable magazine within\nthe meaning of AS 2187.0.\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Magazine markings","content":"140 Magazine markings\nThe magazine must be marked in accordance with AS 2187.1.\nNote See AS 2187.1, s 2.1.3.\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Storage of explosives and essential articles only","content":"141 Storage of explosives and essential articles only\n(1) The magazine must not contain anything except explosives and any\narticles required to be kept by this division.\n(2) So far as necessary, the following articles may be stored in a\ndesignated area of the magazine:\n(a) footwear, tools or implements for work connected with the\nstorage of explosives in the magazine, or with the opening of\npackages of explosives;\n(b) materials connected with the making up of loads for packaging\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"Storage of more than single compatibility group","content":"142 Storage of more than single compatibility group\n(1) Explosives must be stored in the magazine in accordance with the\nfollowing requirements:\n(a) detonators and capped fuses must be stored in a magazine or\nannexe that does not contain anything else;\n(b) the magazine or annexe must not contain explosives of more\nthan a single compatibility group.\n\n(2) However—\n(a) explosives from different compatibility groups may be stored\ntogether in accordance with AS 2187.1; and\nNote See AS 2187.1, s 3.1.2.\n(b) explosives that are ammonium nitrate-based must not be stored\nwith chlorate-based explosives.\n","sortOrder":145},{"sectionNumber":"143","sectionType":"section","heading":"General operational requirements","content":"143 General operational requirements\nThe magazine, and the area (including any mounds) surrounding the\nmagazine, must be managed, operated, and maintained in accordance\nwith AS 2187.1.\n","sortOrder":146},{"sectionNumber":"144","sectionType":"section","heading":"Packaging of explosives","content":"144 Packaging of explosives\nExplosives in the magazine must be—\n(a) for an explosive mixture to which section 76 (Storage of unused\nexplosive mixtures) applies—stored in accordance with that\nsection; or\n(b) in any other case—packed in accordance with part 2.3.\n","sortOrder":147},{"sectionNumber":"145","sectionType":"section","heading":"Defective explosives or packages","content":"145 Defective explosives or packages\n(1) As soon as practicable after the discovery of defective explosives in\nthe magazine, the explosives must be—\n(a) removed from the magazine; and\n(b) disposed of in accordance with part 2.10 (Disposal of\nexplosives).\n(2) As soon as practicable after the discovery of a defective package of\nexplosives in a magazine—\n(a) the package must be removed from the magazine; and\n(b) the explosives must be repacked.\n\n","sortOrder":148},{"sectionNumber":"146","sectionType":"section","heading":"Requirement for materials handling equipment","content":"146 Requirement for materials handling equipment\nMaterials handling equipment, including forklifts, lifting appliances,\npumps and other equipment that is used in the magazine, must comply\nwith, and be operated in accordance with, AS 2187.1.\nNote See AS 2187.1, s 4.5.\n","sortOrder":149},{"sectionNumber":"147","sectionType":"section","heading":"Emergency management","content":"147 Emergency management\n(1) If there is an emergency mentioned in AS 2187.1 that affects\nexplosives stored in the magazine—\n(a) the requirements of that standard must be complied with; and\n(b) the licensee’s emergency plan must be complied with, unless it\nis inconsistent with the requirements of the standard.\nNote See AS 2187.1, s 5, which deals with emergency procedures in the\nevent of thunderstorm, dust storm, theft and fire.\n(2) However, subsection (1) (b) does not apply if division 2.7.4 (Special\nportable magazine storage) applies to the storage of the explosives.\n(3) Appropriate firefighting equipment must be—\n(a) provided for the magazine; and\n(b) maintained in good condition and working order; and\n(c) available for immediate use.\n","sortOrder":150},{"sectionNumber":"148","sectionType":"section","heading":"Additional fire precautions for magazine areas","content":"148 Additional fire precautions for magazine areas\n(1) This section applies if the magazine is in a magazine area.\n(2) A person must not bring matches, cigarette lighters or any other\nsource of ignition into the magazine area.\n\n(3) A person must not smoke in the magazine area.\n(4) A person must not bring a vehicle into the magazine area except for—\n(a) loading or unloading explosives as required by the licensee; or\n(b) parking at a place authorised by the licensee; or\n(c) security patrols authorised by the licensee; or\n(d) inspection by an inspector.\n(5) The magazine area must be kept free from combustible or flammable\nmaterials (including any rubbish).\n(6) Dry grass and other vegetation in the magazine area must be\ncontrolled to prevent or minimise the risk of a fire spreading within\nthe area.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":151},{"sectionNumber":"149","sectionType":"section","heading":"Security","content":"149 Security\n(1) The licensee must—\n(a) ensure that the magazine is kept securely locked, except when it\nis required to be open for purposes relating to its use or\nmanagement; and\n(b) ensure that the keys to the magazine and to the magazine area\nare at all times in the licensee’s custody (or in the custody of a\nperson authorised by the licensee); and\n(c) if asked, give the keys to an inspector or police officer exercising\na function under the Act.\n(2) A person commits an offence if—\n(a) the keys to a magazine are in the person’s custody; and\n\n(b) an inspector or police officer exercising a function under the Act\nasks the person to give the keys to the inspector or officer; and\n(c) the person fails to give the keys to the inspector or officer.\n(3) A person commits an offence if—\n(a) the person enters a magazine or a magazine area; and\n(b) the person is not authorised to do so by the licensee or a person\ncontrolling or managing the magazine or area; and\n(c) the person is not an inspector or police officer.\n","sortOrder":152},{"sectionNumber":"150","sectionType":"section","heading":"Notices to be posted in magazines","content":"150 Notices to be posted in magazines\nA notice that states the kinds and quantities of explosives that are\nlicensed to be stored in the magazine and any annexe must be posted\non the inside of the entrance to, or lid of, the magazine.\n","sortOrder":153},{"sectionNumber":"151","sectionType":"section","heading":"Number of persons present at a magazine","content":"151 Number of persons present at a magazine\nThe number of people present at the magazine and any annexe at any\nparticular time must be kept to a minimum.\n","sortOrder":154},{"sectionNumber":"152","sectionType":"section","heading":"Night work at magazines","content":"152 Night work at magazines\n(1) Explosives must not be placed in, or removed from, the magazine\noutside daylight hours unless the magazine is lit by—\n(a) electric lighting that complies with AS 2187.1; or\n(b) a hand-held flameproof torch.\nNote See AS 2187.1, s 2.1.4.\n(2) This section applies to an underground magazine at all times.\n\n","sortOrder":155},{"sectionNumber":"153","sectionType":"section","heading":"Storage in portable magazines—general requirements","content":"153 Storage in portable magazines—general requirements\n(1) Licensable storage in a portable magazine at a licensed storage place\nmust comply with the following requirements:\n(a) the storage place must be—\n(i) detached from any building where people live; and\n(ii) not accessible to the public; and\n(iii) used exclusively for the storage of explosives; and\n(iv) kept securely locked, except when required to be open for\npurposes relating to its use or management;\n(b) the explosives must be stored as far away as is practicable from\nthe entry points of the storage place;\n(c) the entry to the storage place must be kept clear at all times;\n(d) the floor and other parts of the storage place must be kept clean\nand free of extraneous materials;\n(e) explosives of compatibility group B (other than detonators) must\nbe kept in a separate storage place located at least 3m away from\nany other explosives.\n","sortOrder":156},{"sectionNumber":"154","sectionType":"section","heading":"Maintenance on rooms or buildings where explosives are","content":"154 Maintenance on rooms or buildings where explosives are\nstored\n(1) If maintenance, renovation, repairs, or reconstruction, (maintenance\nwork) is to be carried out on a room or building that is a licensed\nstorage place, all explosives must be removed while the maintenance\nwork is carried out.\n(2) Subsection (1) does not apply if the work health and safety\ncommissioner gives written approval for the maintenance work to be\ncarried out while the explosives remain in the room or building.\n\nSpecial portable magazine storage Division 2.7.4\n(3) A decision of the work health and safety commissioner to refuse a\nrequest for approval is a reviewable decision for the Act, section 186,\ndefinition of reviewable decision, paragraph (b).\n(4) The person requesting approval is prescribed for the Act, section 190\n(Reviewable decision notices) and section 191 (b) (Applications for\nreview).\n","sortOrder":157},{"sectionNumber":"155","sectionType":"section","heading":"Application of div 2.7.4","content":"155 Application of div 2.7.4\n(1) This division applies to the special portable magazine storage of\nexplosives under a storage licence at a licensed storage place on the\nlicensed premises, if—\n(a) there is special portable magazine storage at no more than\n3 portable magazines on the licensed premises; and\n(b) there are no other magazines on the licensed premises.\n(2) This division applies in addition to the requirements of division 2.7.3,\nother than section 135 (Separation distances for magazines).\n","sortOrder":158},{"sectionNumber":"156","sectionType":"section","heading":"Meaning of licensed premises for div 2.7.4","content":"156 Meaning of licensed premises for div 2.7.4\nIn this division:\nlicensed premises means premises where the explosives are\nauthorised to be stored under a storage licence.\n\n","sortOrder":159},{"sectionNumber":"157","sectionType":"section","heading":"Meaning of special portable magazine storage","content":"157 Meaning of special portable magazine storage\nspecial portable magazine storage, of an explosive mentioned in\ntable 157, column 2, means licensable storage of the explosive in a\nportable magazine in a quantity no greater than that mentioned in\ncolumn 3 for the explosive.\nTable 157 Special portable magazine storage\nitem\n10kg\n2 propellants of classification\ncode 1.3C, if correctly packed\nin packages of capacity of not\nmore than 5kg\n50kg\n3 distress signals of classification\ncode 1.3G, if unaccompanied\nby distress signals of\n15kg\n4 distress signals of classification\ncode 1.4G, if unaccompanied\nby distress signals of\nclassification code 1.3G\n30kg\n5 fuse lighters of classification\n30kg\n6 safety cartridges of\nclassification code 1.4S, other\nthan ammunition\n50 000 in number\n7 primers or percussion caps of\n50 000 in number\n\nSpecial portable magazine storage Division 2.7.4\nitem\n8 safety fuse of classification\ncode 1.4S\n5 000m\n9 airbag inflators, airbag modules\nand seatbelt pretensioners of\nhazard division 1.4, if not\ninstalled in vehicles or in\ncompleted vehicle components\n50kg\n10 model rocket motors of hazard\ndivision 1.4\n50kg\n11 sparklers of hazard division 1.4 50kg\n","sortOrder":160},{"sectionNumber":"158","sectionType":"section","heading":"Special portable magazine storage—separation distance","content":"158 Special portable magazine storage—separation distance\nThe separation distance for explosives stored in a portable magazine\non the licensed premises is 10m from any place where dangerous\nsubstances are stored (including another portable magazine).\n","sortOrder":161},{"sectionNumber":"159","sectionType":"section","heading":"Special portable magazine storage—signs for premises","content":"159 Special portable magazine storage—signs for premises\n(1) At the main entrance to the licensed premises, a notice must be\ndisplayed showing a class label not less than 100mm square in\nrelation to the kinds of explosive stored in each portable magazine.\nclass label—see the ADG Code.\nNote 1 The ADG Code, s 7.1.1 (1) sets out the requirements for class labels for\ndangerous goods. Class labels are required to be attached to packages,\ncontainers and loads of dangerous goods and are used to identify the class\nof dangerous goods contained.\nNote 2 The ADG Code does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Act, s 213 and Legislation Act,\ns 47 (7)). The ADG Code is accessible at www.ntc.gov.au.\n\n","sortOrder":162},{"sectionNumber":"160","sectionType":"section","heading":"Special portable magazine storage—fire precautions","content":"160 Special portable magazine storage—fire precautions\nAny combustible material must be kept at least 3m away from—\n(a) the explosives; and\n(b) any licensed storage place.\n","sortOrder":163},{"sectionNumber":"161","sectionType":"section","heading":"Application of div 2.7.5","content":"161 Application of div 2.7.5\nThis division applies to the exempt storage of explosives.\nNote Exempt storage is storage of explosives mentioned in table 124 in\nquantities no greater than those mentioned in the table, subject to\nconditions (if any) mentioned in the table (see s 124).\nFor example, storage of propellant gunpowder of classification code 1.1D\nin a quantity of no more than 2kg would be exempt storage if the\ngunpowder is stored for personal use.\n","sortOrder":164},{"sectionNumber":"162","sectionType":"section","heading":"Exempt storage—fire precautions","content":"162 Exempt storage—fire precautions\n(1) A responsible person for the exempt storage of an explosive must\nensure that any combustible material, and any source of ignition, is\nkept at least 2m away from—\n(a) the explosive; and\n(b) any place where the explosive is stored.\n\nExempt storage Division 2.7.5\n","sortOrder":165},{"sectionNumber":"163","sectionType":"section","heading":"Exempt storage requirements—general","content":"163 Exempt storage requirements—general\n(1) A responsible person for the exempt storage of an explosive must\nensure that the explosive is stored as follows:\n(a) the explosive must be stored in its original container or in the\npackaging in which it was supplied;\n(b) the explosive must be stored in 1 of the following places:\n(i) a magazine (including a portable magazine), in compliance\nwith division 2.7.3;\n(ii) a portable magazine, in compliance with division 2.7.4;\n(iii) a locked room;\n(iv) a locked receptacle (other than a document safe, money\nsafe or refrigerator);\n(c) the explosive must be stored out of reach of children.\n(2) Subsection (1) does not apply to the storage of safety fuse or general\nuse fireworks.\n","sortOrder":166},{"sectionNumber":"164","sectionType":"section","heading":"Storage of safety fuse","content":"164 Storage of safety fuse\n(1) A responsible person for the exempt storage of safety fuse must\nensure that the safety fuse is stored as follows:\n(a) the safety fuse must be stored in a cool, dry place;\n(b) the safety fuse must be stored away from any substance liable to\npenetrate the fuse and affect its burning rate (for example,\npetroleum liquids or solvents);\n\n(c) the safety fuse must be stored in 1 of the following places:\n(i) a magazine (including a portable magazine), in compliance\nwith division 2.7.3;\n(ii) a portable magazine, in compliance with division 2.7.4;\n(iii) a locked receptacle (other than a document safe, money\nsafe or refrigerator);\n(d) the safety fuse must be stored out of reach of children.\n\nInterpretation Division 2.8.1\nDivision 2.8.1 Interpretation\n","sortOrder":167},{"sectionNumber":"165","sectionType":"section","heading":"Meaning of supply licence","content":"165 Meaning of supply licence\nsupply licence means a licence issued for this part authorising the\nsupply of explosives.\nNote 2 Supply (of a dangerous substance) is defined in the Act, dict, to include\nsale and any other transfer of ownership. Explosives are dangerous\n","sortOrder":168},{"sectionNumber":"166","sectionType":"section","heading":"Authority to supply explosives","content":"166 Authority to supply explosives\nA person is authorised to supply an explosive if—\n(a) the person holds a supply licence authorising the supply of the\nexplosive; or\n(b) the explosive is a general use firework.\nNote 2 A person who supplies an explosive without authorisation may commit\nan offence against the Act, pt 5.1.\n","sortOrder":169},{"sectionNumber":"167","sectionType":"section","heading":"Person in control of supply—Act, s 17 (1) (e)","content":"167 Person in control of supply—Act, s 17 (1) (e)\nFor the Act, the holder of a supply licence is a person in control of\nall of the following in relation to the supply of an explosive under the\n\n(b) the premises from which the explosive is supplied;\n","sortOrder":170},{"sectionNumber":"168","sectionType":"section","heading":"Reasonable steps for supply—Act, s 16 (2) (e)","content":"168 Reasonable steps for supply—Act, s 16 (2) (e)\nsupply of an explosive, consideration must be given to whether the\nthe supply.\n","sortOrder":171},{"sectionNumber":"169","sectionType":"section","heading":"Supply licence applications—Act, s 50 (2)","content":"169 Supply licence applications—Act, s 50 (2)\nAn application for a supply licence must include the following\nfor—\n\nSupply licences Division 2.8.2\n(c) the purpose of the supply;\n(d) details of any licence authorising the storage of the explosives\nat the premises from which the explosives are to be supplied;\nsupply of explosives under the licence;\n(f) for each kind of explosive to be supplied;\n(g) procedures to ensure that explosives are only supplied to people\nauthorised to receive them;\n(h) record-keeping procedures to be adopted to ensure compliance\nwith the Act;\n(i) any other information or documents required by a form for the\n","sortOrder":172},{"sectionNumber":"170","sectionType":"section","heading":"Supply licence conditions—Act, s 53 (2) (b)","content":"170 Supply licence conditions—Act, s 53 (2) (b)\nThe following conditions apply to a supply licence for an explosive:\n(b) the licensee must supply the explosive only from premises\nwhere the explosive is authorised to be stored under a licence;\n(c) the licensee must supply the explosive only for the purpose\nstated in the licence;\n(d) the licensee must establish and maintain a safety management\nsystem for the supply of the explosive under the licence;\n(e) the licensee must provide anyone with a safety data sheet for the\n\n(f) the licensee must ensure that no-one other than a security cleared\n(g) the licensee must apply to the work health and safety\n(h) the licensee must—\nsupply of the explosive under the licence.\n","sortOrder":173},{"sectionNumber":"171","sectionType":"section","heading":"Application—div 2.8.3—fireworks","content":"171 Application—div 2.8.3—fireworks\nThis division does not apply in relation to the supply of general use\n\nExplosives—supply requirements Division 2.8.3\n","sortOrder":174},{"sectionNumber":"172","sectionType":"section","heading":"Place of supply","content":"172 Place of supply\nAn explosive must not be supplied in a public place.\nExamples of public places\n1 roads\n2 road related areas within the meaning of the Road Transport (Safety and\nTraffic Management) Act 1999, dict.\n3 markets and fairs\n4 agricultural shows and other shows\n","sortOrder":175},{"sectionNumber":"173","sectionType":"section","heading":"Display prohibited","content":"173 Display prohibited\nAn explosive must not be displayed for supply at any premises.\nExamples of prohibited display at premises\n1 on shelves\n2 on counters\n3 in windows\n","sortOrder":176},{"sectionNumber":"174","sectionType":"section","heading":"Supply only to authorised people","content":"174 Supply only to authorised people\n(1) An explosive must not be delivered under the authority of a supply\nlicence to a person unless—\n(a) the person shows the supplier a licence authorising the person to\npossess the explosive, or a certified copy of the licence; or\n(b) possession of the explosive is otherwise authorised under this\nregulation; or\n(c) the person shows the supplier a written authority (however\ndescribed) under a corresponding law that authorises possession\nof the explosive, or a certified copy of the authority.\nExample of authorised possession for par (b)\nexempt storage of explosives\n\n(2) However, an explosive for use in a blasting operation must not be\ndelivered to a person under the authority of a supply licence unless—\n(a) subsection (1) (a), (b) or (c) applies; or\n(b) the person shows the supplier an official order to purchase the\nexplosive (or explosives of the type requested) on behalf of the\nCommonwealth; or\n(c) the person shows the supplier a special authority to purchase the\nexplosive under division 2.9.5, or a certified copy of the\nauthority.\n(3) The following requirements must be complied with for the delivery\nto a person of explosives for use in a blasting operation:\n(a) the amount of explosives to be supplied in a single day must not\nexceed the amount the person is authorised to purchase under\nthe relevant licence or authority;\n(b) the information required by section 176 must be recorded in the\nsupply record book before the explosives are delivered; and\n(c) explosives may be delivered only if the licensee is satisfied that\nthey will be carried using a receptacle or vehicle that complies\nwith the requirements of part 2.6 (Carrying explosives).\ncertified copy, of a licence or authority, means a copy of the licence\nor authority certified by the licensee or authority-holder to be a true\ncopy.\n","sortOrder":177},{"sectionNumber":"175","sectionType":"section","heading":"Supply of defective explosives or packages","content":"175 Supply of defective explosives or packages\n(1) The holder of a supply licence must not supply defective explosives,\nor explosives in defective packages, unless the supply is approved in\nwriting by the work health and safety commissioner.\n\nExplosives—supply requirements Division 2.8.3\n(2) A decision of the work health and safety commissioner to refuse a\nrequest for approval is a reviewable decision for the Act, section 186,\ndefinition of reviewable decision, paragraph (b).\n(3) The person requesting approval is prescribed for the Act, section 190\n(Reviewable decision notices) and section 191 (b) (Applications for\nreview).\n","sortOrder":178},{"sectionNumber":"176","sectionType":"section","heading":"Supply records","content":"176 Supply records\n(1) The holder of a supply licence must, for each explosive supplied\nunder the licence, make a record of the supply that complies with\nsubsection (2) in a supply record book.\n(a) the date of supply;\n(b) the name, address and telephone number of the person for whom\nthe explosive is supplied;\n(c) licence details, or details of any other authority, shown to the\nsupplier for section 174;\n(d) the name and classification code of the explosive;\n(e) the quantity of the explosive and how it is packaged;\n1 30kg supplied in 3 bags of 10kg\n2 30kg supplied in 1 bag of 30kg\n3 20L supplied in the customer’s own container\n(f) the signature of the person taking delivery of the explosive and,\nif that person is not the person for whom the explosive is\nsupplied, the name, address and telephone number of the person\ntaking delivery;\n(g) the proposed use of the explosive;\n\n(h) any information or documents required by a form for the record\n(3) The pages of the supply record book must be serially numbered and\nbe bound to prevent the pages from being easily removed.\n(4) The licensee must, whether or not the licence continues in force, keep\nfor at least 5 years after each entry is made in the supply record book\nin relation to a particular supply of an explosive—\n(a) the supply record book; and\n(b) any documentary proof given to the supplier of any licence or\nauthority given to the supplier for section 174 in relation to the\nsupply.\n(5) The licensee must make the supply record book and any documents\nkept under subsection (4) (b) available for examination at the\ndirection of an inspector or police officer.\n(6) A person who takes delivery of an explosive from the licensee must\nsign the licensee’s supply record book.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":179},{"sectionNumber":"177","sectionType":"section","heading":"False or misleading statements about authority to supply","content":"177 False or misleading statements about authority to supply\n(1) A person commits an offence if—\n(a) the person makes a statement (whether orally, in a document or\nin any other way); and\n\nAdvertising—supply of explosives Division 2.8.4\n(b) the statement is about—\n(i) the supply or possible supply of explosives; or\n(ii) the promotion in any way of the supply or use of\n(c) the statement is about the availability of the explosives to\nmembers of the public; and\n(d) the statement is false or misleading; and\n(e) the person is reckless about whether the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is false or\nmisleading; and\n(f) the statement is made in the course of trade or commerce.\n(2) Absolute liability applies to subsection (1) (f).\n(3) Subsection (1) (d) and (e) (i) do not apply if the statement is not false\nor misleading in a material particular.\n(4) Subsection (1) (d) and (e) (ii) do not apply if the omission does not\nmake the statement misleading in a material particular.\n\n","sortOrder":180},{"sectionNumber":"178","sectionType":"section","heading":"Application of pt 2.9","content":"178 Application of pt 2.9\n(1) This part applies to the use of explosives.\n(2) However, this part does not apply in any of the following\ncircumstances:\n(a) use of an explosive by an inspector or police officer exercising\na function under the Act;\n(b) use of any of the following explosives:\n(i) a general use firework;\n(ii) model rocket motor;\n(iii) a safety cartridge;\n(iv) an explosive power tool cartridge;\n(c) use of a firework under a fireworks display permit;\n(d) use of a distress signal in an emergency or for a test to prepare\nfor an emergency.\n","sortOrder":181},{"sectionNumber":"179","sectionType":"section","heading":"Using explosives—definitions","content":"179 Using explosives—definitions\nblasting permit, for a blasting operation at premises, means a licence\nissued for this part authorising the operation at the premises as stated\nin the blast plan for the licence.\nblast plan, for division 2.9.4 (Blasting permits)—see section 189.\nNote A blast plan forms part of the safety management system for a blasting\noperation authorised by a blasting permit (see s 188 (b)).\nshot-firer means a person who holds a shot-firer licence.\n\nUsing explosives—general Division 2.9.2\nshot-firer licence, for explosives, means a licence issued for this part\nauthorising the use of the explosives stated in the licence.\n","sortOrder":182},{"sectionNumber":"180","sectionType":"section","heading":"Authority to use explosives","content":"180 Authority to use explosives\n(1) A person is authorised to use an explosive, or to manufacture ANFO\nfor immediate use, if the person—\n(a) holds a shot-firer licence authorising that use or manufacture; or\n(b) is an individual engaged (as an employee or contractor) to use\nthe explosive, or to manufacture the ANFO, under the direct\nsupervision of a person who holds a shot-firer licence.\n(2) However, a person is authorised to use an explosive only if its use is\nfor a blasting operation in accordance with this regulation that is\nauthorised by a blasting permit.\nNote 1 Shot-firer licences and blasting permits are licences issued under the Act,\nch 4 (Licences for dangerous substances). Explosives are dangerous\nNote 2 A person who uses an explosive without authorisation may commit an\n","sortOrder":183},{"sectionNumber":"181","sectionType":"section","heading":"Licence or permit to be produced","content":"181 Licence or permit to be produced\nA person who holds a shot-firer licence or a blasting permit must—\n(a) carry the licence or permit at all times when using, or preparing\nto use, the explosives authorised to be used by the licence or\npermit; and\n(b) produce the licence or permit when asked to do so by an\ninspector, police officer or firefighter.\n\n","sortOrder":184},{"sectionNumber":"182","sectionType":"section","heading":"Use of explosives—responsibilities of person in control","content":"182 Use of explosives—responsibilities of person in control\n(1) A person in control of premises must ensure that an explosive is used\nat the premises only—\n(a) by a person authorised to use the explosive under this part; and\n(b) in accordance with a blasting permit for the explosive.\n(2) This section does not apply to the use of an explosive under the\nsupervision of an inspector or police officer exercising a function\nunder the Act.\n","sortOrder":185},{"sectionNumber":"183","sectionType":"section","heading":"Person in control of using explosives—Act, s 17 (1) (e)","content":"183 Person in control of using explosives—Act, s 17 (1) (e)\n(1) For the Act, the holder of a shot-firer licence is a person in control\nof all of the following in relation to the use of an explosive under the\n(b) the premises where the explosive is used;\n(2) For the Act, the holder of a blasting permit is a person in control of\nall of the following in relation to a blasting operation carried out under\nthe permit:\n(a) the handling of explosives for the operation;\n(b) the premises where the operation takes place;\n\n","sortOrder":186},{"sectionNumber":"184","sectionType":"section","heading":"Reasonable steps for handling explosives for blasting","content":"184 Reasonable steps for handling explosives for blasting\noperations—Act, s 16 (2) (e)\nhandling of explosives for a blasting operation, consideration must be\ngiven to whether the requirements under this part have been complied\nwith in relation to the operation.\n","sortOrder":187},{"sectionNumber":"185","sectionType":"section","heading":"Shot-firer licence applications—Act, s 50 (2)","content":"185 Shot-firer licence applications—Act, s 50 (2)\nAn application for a shot-firer licence must include the following\nfor—\n(b) 2 passport-sized photographs of the applicant;\n\n(c) the purpose of the use;\n(d) where the explosive is to be stored;\nuse of explosives under the licence;\n(f) for each kind of explosive to be used—\n(g) details of any training course approved for section 186 (2) (b)\nthat the applicant has attended in the use of explosives, and\nevidence that the applicant passed the course, or met an\napplicable standard of competency because of the course;\n(h) evidence that the applicant has suitable practical experience in\nthe use of the explosives intended to be used under the licence;\n(i) any other information or documents required by a form for the\n","sortOrder":188},{"sectionNumber":"186","sectionType":"section","heading":"Suitable people to hold shot-firer licences—Act,","content":"186 Suitable people to hold shot-firer licences—Act,\nto be issued with, or to continue to hold, a shot-firer licence include\nthe following:\n(a) whether the person is an individual;\n(b) whether the person has demonstrated adequate knowledge and\nexperience of the following matters (the licence criteria):\n(i) safety in the use of explosives by the method stated in the\napplication; and\n\n(ii) the requirements of this regulation that relate to explosives\nand that method of use.\n(2) For subsection (1) (b), a person is taken to have demonstrated\nadequate knowledge and experience of the licence criteria if the\napplicant meets 1 or more of the following conditions:\n(a) the applicant has passed an examination approved by the work\nhealth and safety commissioner to test the applicant’s\nknowledge and experience of the licence criteria;\n(b) the person has—\n(i) attended a training course approved by the work health and\nsafety commissioner on the use of explosives for blasting\noperations; and\n(ii) passed the course, or met an applicable standard of\ncompetency to the satisfaction of the work health and\nsafety commissioner because of the course; and\n(iii) demonstrated suitable practical experience in the use of the\nexplosives intended to be used under the licence, to the\nsatisfaction of the work health and safety commissioner;\n(c) the person has demonstrated suitable practical experience in the\nuse of the explosives intended to be used under the licence, to\nthe satisfaction of the work health and safety commissioner.\n(3) A person is also taken to have demonstrated adequate knowledge and\nexperience of the licence criteria if the applicant holds a qualification\nrelating to the use of explosives for blasting operations issued outside\nthe ACT that is approved by the work health and safety\n(4) An approval under this section is a notifiable instrument.\n\n","sortOrder":189},{"sectionNumber":"187","sectionType":"section","heading":"Shot-firer licence conditions—Act, s 53 (2) (b)","content":"187 Shot-firer licence conditions—Act, s 53 (2) (b)\n(1) The following conditions apply to a shot-firer licence for an\nexplosive:\n(b) the licensee must ensure that the explosive is used only for the\npurpose stated in the licence;\nsystem for the use of the explosive under the licence;\n(d) if the licence authorises the manufacture of ANFO for the\npersonal use of the licensee, the licensee must ensure that—\n(i) no more than 50kg of ANFO is manufactured at any single\ntime; and\n(ii) the ANFO is only manufactured using the defined\ncomponents; and\n(iii) a colouring agent is used to differentiate mixed ANFO\nfrom unmixed components;\n\nof the explosive under the licence.\ndefined components, of ANFO, means—\n(a) ammonium nitrate as the oxidising agent; and\n(b) clean oil, fuel oil or another oil having a flash point of 60.5˚C or\nhigher as the fuel component.\n","sortOrder":190},{"sectionNumber":"187A","sectionType":"section","heading":"Use records","content":"187A Use records\n(1) The holder of a shot-firer’s licence must, for each explosive used\nunder the licence, make a record of the use that complies with\nsubsection (2).\n(a) the name and classification code of the explosive;\n(b) the quantity of the explosive used;\n(c) the purpose for which the explosive was used;\n(d) any information or documents required by a form for the record\n\n(3) The holder of a shot-firer’s licence must keep a record made under\nthis section of the use of an explosive for at least 3 years after the day\nof use, whether or not the licence continues in force.\n","sortOrder":191},{"sectionNumber":"188","sectionType":"section","heading":"Blasting permit applications—Act, s 50 (2)","content":"188 Blasting permit applications—Act, s 50 (2)\nAn application for a blasting permit for a blasting operation to be\ncarried out by a shot-firer at premises must include the following\n(a) the name, business address and telephone number of the\napplicant;\n(b) documentation describing a safety management system\n(including a blast plan) for the blasting operation;\nNote Section 189 sets out the information to be included in a blast plan.\n(c) a copy of any documents, including engineering and similar\nreports, to which the applicant or the responsible shot-firer has\naccess, about—\n(i) the use of explosives at the premises; and\n(ii) if the proposed use of the explosives is in relation to the\ndemolition of all or part of a building or structure—the\ndemolition of the building or structure;\n(d) details of any other information the applicant or the shot-firer\nknows that is material to the application;\n(e) a consent signed by the shot-firer for—\n(i) a police officer to make inquiries about the shot-firer’s\ncriminal record; and\n\n(ii) for the shot-firer to be examined, if necessary, under\nsection 190;\n(f) any other information or documents required by a form for the\n","sortOrder":192},{"sectionNumber":"189","sectionType":"section","heading":"Blast plans","content":"189 Blast plans\nFor this division, a blast plan is a plan for a particular blasting\noperation at premises stating the following:\n(a) the purpose of the operation;\n(b) details of the premises where it is proposed to use the explosives;\n(c) for the proposed shot-firer—\n(i) the shot-firer’s name, business address, telephone number\nand shot-firer licence number; and\n(ii) the shot-firer’s qualifications, knowledge and experience\nrelevant to the purpose of the blasting operation;\n(d) the arrangements for the control and supervision of the use of\nthe explosives;\n(e) the relationship of the blast point of the explosives to nearby\npremises (affected areas);\nExamples of affected areas\n1 public areas\n2 facilities for water, gas, electricity and telecommunication\nservices\n3 public transport and emergency transport routes\n(f) whether the permission of people in control of affected areas has\nbeen obtained;\n\n(g) details (including the outcome) of consultation conducted with\nanyone who could be affected by the detonation of the\nexplosives, including the public, about the following:\n(i) the blasting proposal and any possible dangers arising from\nit;\n(ii) any disruptions to the use of affected areas;\n(h) arrangements for the giving of notice of the detonation of the\nexplosives to anyone that may be affected by the detonation,\nincluding the public;\n(i) if it is proposed to demolish all or part of a building or\nstructure—\n(i) the building or structure’s occupancy classification under\nthe building code approved under the Building Act 2004;\nand\n(ii) a brief description of its structural support system and the\nmain materials of its construction; and\n(iii) the method of demolition; and\n(iv) the sequence of the demolition works;\n(j) the kind and quantity of explosives to be detonated;\n(k) the occasion or occasions when explosives are to be detonated\n(including test detonations);\n(l) the procedure for the preparation and placement of the\nexplosives and the detonation sequence of the explosive\ncharges;\n(m) safety measures for the detonation of the explosives, including\nthe security of people and premises, the exclusion zone and the\nwarning procedures;\n(n) the procedure to be followed if explosives misfire;\n\n(o) the method of disposal of any explosives unused at the\ncompletion of the proposed purpose;\n(p) the storage facilities for the explosives at the premises and the\nproposed procedures for the control and management of the\nfacilities;\n(q) the procedure for carrying the explosives about the workplace;\n(r) any other information or documents required by the form for a\nblast plan approved under the Act, section 222.\n(s) any other information required by the work health and safety\n","sortOrder":193},{"sectionNumber":"190","sectionType":"section","heading":"Suitable people to hold blasting permits—Act, s 49 (1) (i)","content":"190 Suitable people to hold blasting permits—Act, s 49 (1) (i)\n(1) This section applies in relation to working out whether an applicant\nfor either of the following is a suitable person to hold a blasting\npermit or an amended blasting permit:\n(a) the issue of a blasting permit for a blasting operation;\n(b) the amendment of a blasting permit under the Act, section 58\n(Licence—application to amend by licensee).\nNote 1 A blasting permit is a licence under the Act (see s 179, def blasting\npermit). For working out who is a suitable person to be issued with a\nblasting permit, see also s 40A.\n(2) In deciding the application, the work health and safety commissioner\nmust have regard to matters including the following in deciding\nwhether the applicant is a suitable person:\n(a) whether the shot-firer for the operation has demonstrated\npractical experience in the use of explosives as proposed in the\napplication;\n\n(b) whether the applicant’s safety management system (including\nthe blast plan) for any relevant blasting operation is suitable for\nthe operation.\n(3) The work health and safety commissioner may, by written notice to\nthe applicant, require the shot-firer for the operation to show by a\npractical or oral examination the shot-firer’s competence to use\nexplosives in accordance with the blast plan.\n(4) A practical examination must be conducted under the supervision of\nan inspector.\n","sortOrder":194},{"sectionNumber":"191","sectionType":"section","heading":"Blasting permit conditions—Act, s 53 (2) (b)","content":"191 Blasting permit conditions—Act, s 53 (2) (b)\n(1) The following conditions apply to each blasting permit:\n(a) only authorised explosives may be used for a blasting operation\nauthorised by the permit;\n(b) the permit-holder must establish and maintain a safety\nmanagement system (including a blast plan) for the blasting\noperation authorised by the permit;\n(c) the shot-firer for the operation must hold a shot-firer licence\nauthorising the use of the explosives stated in the blast plan for\nthe purpose stated in the blast plan;\n(d) the exclusion zone as set out in the blast plan must be maintained\nfor the blasting site;\n(e) the permit-holder must—\npermit-holder under this part; and\n\nof explosives for any blasting operation conducted under\nthe authority of the permit.\nNote 1 A blasting permit is a licence under the Act (see s 179, def blasting\npermit). A blasting permit is also subject to any conditions included in\nthe permit by the work health and safety commissioner (see the Act,\ns 53 (2) (a)).\nNote 2 The holder of a blasting permit who fails to comply with a condition of\nthe permit may commit an offence against the Act, s 63 (Failure to\ncomply with conditions of licence).\n(2) If a person holds a shot-firer licence as well as a blasting permit, an\nobligation that applies to the person under this part in either capacity\nis taken to be a condition of both the licence and the permit.\n","sortOrder":195},{"sectionNumber":"192","sectionType":"section","heading":"Evaluation of blasting operations","content":"192 Evaluation of blasting operations\n(1) After the completion of a blasting operation authorised by a blasting\npermit, the permit-holder must—\n(a) make a written evaluation of the operation, including the use of\nexplosives in the operation; and\n(b) if required by written notice from the work health and safety\ncommissioner—give a copy of the evaluation to the work health\nand safety commissioner.\n\nDivision 2.9.5 Purchase of additional explosives for blasting operations\nDivision 2.9.5 Purchase of additional explosives for\nblasting operations\n193 Application for special purchase authority\nFor division 2.8.3 (Explosives—supply requirements), a shot-firer\nmay make a written application to the work health and safety\ncommissioner for special authority as required by that division to be\nsupplied with a greater amount of explosives than is stated in the shot-\nfirer licence or any blasting permit that authorises the shot-firer to\nconduct a blasting operation.\n","sortOrder":196},{"sectionNumber":"194","sectionType":"section","heading":"Issue of special purchase authority","content":"194 Issue of special purchase authority\n(1) On an application under section 193, the work health and safety\ncommissioner may issue the shot-firer with the special authority\nsought, in writing, if satisfied that—\n(a) the amount and kind of explosives is necessary for completion\nof a blasting operation; and\n(b) explosives purchased for the blasting operation will be stored in\ncompliance with part 2.7 (Storing explosives).\n(2) A decision of the work health and safety commissioner to refuse to\nissue a special purchase authority is a reviewable decision for the Act,\n(3) The applicant for the special authority is prescribed for the Act,\nsection 190 (Reviewable decision notices) and section 191 (b)\n(Applications for review).\n\nOn-site storage by shot-firers Division 2.9.6\n","sortOrder":197},{"sectionNumber":"195","sectionType":"section","heading":"Method of storing explosives at a blasting site","content":"195 Method of storing explosives at a blasting site\n(1) Explosives must be stored at a blasting site—\n(a) in accordance with part 2.7 (Storing explosives); or\n(b) securely aboard a road or rail vehicle in accordance with part 2.6\n(Carrying explosives); or\n(c) in a portable magazine under section 196.\n(2) This section does not apply to—\n(a) explosives in blast holes; or\n(b) explosives in immediate use in the making up of a charge; or\n(c) the carrying of explosives in their original packages within a\nmine or a quarry; or\n(d) pumpable emulsions, watergel slurries or free-flowing\nexplosives that are safely stored and handled in accordance with\ninformation supplied by the manufacturer of the product and the\noperating procedures for the blasting site.\n","sortOrder":198},{"sectionNumber":"196","sectionType":"section","heading":"Temporary on-site storage","content":"196 Temporary on-site storage\n(1) For section 195 (1) (c), the following requirements must be complied\nwith if explosives are kept in a portable magazine at a blasting site:\n(a) unless allowed by subsection (2) or (3)—\n(i) explosives of compatibility group D must not be kept in the\nsame magazine as explosives of classification code 1.4G\n(for example, plastic igniter cord and fuse lighters); and\n(ii) detonators must not be kept in the same magazine as any\nother explosives;\n\n(b) except during the preparation of a charge—\n(i) the magazine must be locked; and\n(ii) the magazine containing detonators must be separated by\nat least 1m from a magazine containing other explosives.\n(2) However, up to the following amounts of explosives may be kept\ntogether in any combination in the same magazine at a blasting site:\n(a) 500m of igniter cord;\n(b) 500g of fuse lighters;\n(c) 3.5kg of explosives of Compatibility Group D.\n(3) Also, detonators may be kept together in the same magazine at a\nblasting site with any other explosives if—\n(a) there are no more than 25 detonators and 3.5kg (in total) of other\n(b) the detonators are kept in 1 compartment and any other\nexplosives are kept in another compartment; and\n(c) the magazine has an airspace or space filled with an inert\nmaterial capable of preventing communication of an explosion\nin the detonator compartment to explosives stored in other\ncompartments; and\n(d) the compartment containing the detonators is labelled\n‘MAX 25’; and\n(e) the compartment containing the other explosives is labelled\n‘MAX 3.5KG’.\n(4) Explosives at a blasting site, whether stored aboard a road or rail\nvehicle, or in a portable magazine under this section, must be\ntransferred at or before the end of work for the day to a place of\nstorage that complies with part 2.7.\n\nEquipment for blasting operations Division 2.9.7\n","sortOrder":199},{"sectionNumber":"197","sectionType":"section","heading":"Ignition sources at blasting sites","content":"197 Ignition sources at blasting sites\nA source of ignition must not be introduced within 10m of an\nexplosive at a place where the explosive is awaiting use, unless the\nsource of ignition is necessary to fire a charge.\n","sortOrder":200},{"sectionNumber":"198","sectionType":"section","heading":"Defective explosives","content":"198 Defective explosives\nDefective explosives, or explosives in defective packages—\n(a) must be disposed of in accordance with part 2.10; and\n(b) must not be disposed of by being used for normal blasting\noperations in a mine or a quarry unless an inspector has\nauthorised the disposal of the particular explosives by that\nmethod.\n","sortOrder":201},{"sectionNumber":"199","sectionType":"section","heading":"Requirement to provide equipment","content":"199 Requirement to provide equipment\nThe holder of a blasting permit must comply with any reasonable\nrequest by the shot-firer for the blasting operation authorised by the\npermit about the provision and maintenance of equipment necessary\nfor compliance with this regulation.\n","sortOrder":202},{"sectionNumber":"200","sectionType":"section","heading":"Condition of blasting equipment","content":"200 Condition of blasting equipment\nBlasting equipment that is, or is to be, employed in the use of\nexplosives must be kept in good repair.\n","sortOrder":203},{"sectionNumber":"201","sectionType":"section","heading":"Equipment used to initiate explosives","content":"201 Equipment used to initiate explosives\n(1) Equipment used to initiate explosives must be designed and\nconstructed in a way that makes it safe to use.\n(2) An exploder, circuit tester, rheostat or other equipment used to initiate\nexplosives charges must comply with—\n(a) AS 2187.2; or\n\n(b) if that standard does not apply—a specification approved by the\nwork health and safety commissioner.\n(3) An approval under subsection (2) (b) is a notifiable instrument.\n(4) A storage battery or dry cell must not be used to fire a charge, unless\nit forms part of an exploder that complies with subsection (2).\n(5) A firing cable must comply with AS 2187.2.\n","sortOrder":204},{"sectionNumber":"202","sectionType":"section","heading":"Labelling, identification and testing of exploders","content":"202 Labelling, identification and testing of exploders\n(1) An exploder used or intended to be used for firing an explosive must\nbe labelled with—\n(a) a distinguishing serial number; and\n(b) the number of detonators that can satisfactorily fire in a normal\nseries circuit.\n(2) An exploder used or intended to be used for firing an explosive must\nbe tested to assess its proper functioning—\n(a) at least every 7 days, when in use; and\n(b) when used for the first time or after a period of non-use of longer\nthan 30 days; and\n(c) if the person using the exploder suspects a loss of efficiency; and\n(d) if required by an inspector.\n","sortOrder":205},{"sectionNumber":"203","sectionType":"section","heading":"Firing switches, short-circuit switches and switchboxes","content":"203 Firing switches, short-circuit switches and switchboxes\nA firing switch, short-circuit switch or switchbox used for mains\nfiring in a mine must be of a kind approved by an inspector.\n\n","sortOrder":206},{"sectionNumber":"204","sectionType":"section","heading":"Shot-firer to take due precautions","content":"204 Shot-firer to take due precautions\n(1) A shot-firer must take all precautions that are necessary and\nreasonable to prevent any danger to people or damage to property\nfrom the use of explosives by the shot-firer in the course of a blasting\n(2) If a person other than the shot-firer is in charge of a blasting operation,\nthe person must take all precautions that are necessary and reasonable\nto prevent any danger to people or damage to property from the use\nof explosives in the course of the operation.\n","sortOrder":207},{"sectionNumber":"205","sectionType":"section","heading":"Blasting warnings—general","content":"205 Blasting warnings—general\n(1) A person intending to fire an explosive for a blasting operation\n(a) give a warning that is sufficient and appropriate to people near\nthe firing operation; and\n(b) take all necessary precautions to—\n(i) ensure that people near the blasting area are at a safe\ndistance from the blasting area; or\n(ii) provide appropriate blasting shelters, and ensure that\npeople who may be endangered by the blasting operations\nuse these shelters; and\n(c) ensure that all means of approach to the area are secured against\nentry by the public or vehicles; and\n\n(d) except in underground blasting operations—before and after\nfiring, ensure that an effective audible warning signal is given in\naccordance with—\n(i) the system required by section 206 or section 207; or\n(ii) any alternative or additional requirements stated in the\nblasting permit.\nExamples for par (c) of means to prevent entry\n1 display of warning signs\n2 posting of guards\n(2) For subsection (1) (d), an audible warning must be distinguishable\nfrom motor vehicle horns or other audible signalling devices normally\nused in the area where the firing operation is taking place.\n","sortOrder":208},{"sectionNumber":"206","sectionType":"section","heading":"Audible warning system—general blasting","content":"206 Audible warning system—general blasting\nThis is the audible warning system for use in above-ground blasting\noperations other than in a mine or quarry:\n(a) 1 minute before firing, an audible signal must be sounded for 15\nseconds;\n(b) the signal ‘Fire on!’ must be given immediately before the\ncharge or charges are fired;\n(c) for the ‘all clear’, 3 short audible signals must be sounded for\n1 second each, separated by 1 second.\n","sortOrder":209},{"sectionNumber":"207","sectionType":"section","heading":"Audible warning system—mines and quarries","content":"207 Audible warning system—mines and quarries\nThis is the audible warning system for use in above-ground blasting\noperations in a mine or quarry:\n(a) a series of 3 short audible signals must be sounded, followed by\na pause of at least 3 minutes, during which the blasting area must\nbe checked to ensure everyone in the area is in a position of\nsafety;\n\n(b) 2 short audible signals must be sounded;\n(c) after a 1-minute pause, a continuous audible signal must be\nsounded;\n(d) the blast must be fired as soon as practicable after the continuous\naudible signal has sounded for 10 seconds, after which the signal\nmust stop;\n(e) the area must be checked and if all dust and toxic gases have\ndispersed, and in all other respects the area is safe for return, for\nthe ‘all clear’, a continuous audible signal must be sounded for\n10 seconds.\n","sortOrder":210},{"sectionNumber":"208","sectionType":"section","heading":"Control of blasting operations","content":"208 Control of blasting operations\n(1) A person at a blasting site must obey any reasonable instruction given\nby a shot-firer during the period—\n(a) starting when the charges start being prepared for firing; and\n(b) ending when the ‘all clear’ signal is given.\n","sortOrder":211},{"sectionNumber":"209","sectionType":"section","heading":"Total fire ban days","content":"209 Total fire ban days\nA person must not use an explosive that may produce a flame above\nthe ground in the open during a period for which a total fire ban is in\nforce under the Emergencies Act 2004.\n","sortOrder":212},{"sectionNumber":"210","sectionType":"section","heading":"Firing explosives at night","content":"210 Firing explosives at night\nA person who uses an explosive for a blasting operation at night must\nensure that an adequate level of light is provided so that—\n(a) charging operations can be carried out safely; and\n(b) inspections can be done properly after charges are fired; and\n\n(c) any misfire can be dealt with in accordance with division 2.9.11\n(Misfire precautions).\n","sortOrder":213},{"sectionNumber":"211","sectionType":"section","heading":"Capping fuses and preparing primers","content":"211 Capping fuses and preparing primers\n(1) A person who caps fuses or prepares primers at a place must ensure\nthat everyone who is not involved in doing so remains at least\n10m away from the place.\n(2) A person who caps fuses or prepares primers must do so in a safe\nplace that is at least 10m away from any place where explosives are\nstored.\n(3) A person who caps fuses must ensure that any capped fuses not\nrequired for immediate use are placed in a receptacle or stored in a\nmagazine.\n(4) A person who prepares primers must—\n(a) prepare the primers immediately before charging; and\n(b) ensure that the initiating medium used to form a primer has\nsufficient strength and sufficient contact with the primer\ncartridge or cast primer to ensure initiation; and\n(c) ensure that the initiating medium is attached so that it will not\nbecome detached from the primer cartridge during loading.\n","sortOrder":214},{"sectionNumber":"212","sectionType":"section","heading":"Lowering primers into blast holes","content":"212 Lowering primers into blast holes\nA person who lowers a primer into a blast hole using the lead wires\nof a detonator, safety fuse, detonating cord or signal tube must do so\nin accordance with AS 2187.2.\n","sortOrder":215},{"sectionNumber":"213","sectionType":"section","heading":"Approach of a storm","content":"213 Approach of a storm\n(1) This section applies if, before a blasting operation is to start, an\nelectrical storm, thunderstorm or dust storm approaches the site of the\n\n(2) If time permits before the storm reaches a dangerously close position,\nthe shot-firer must—\n(a) fire the shot; or\n(b) make the circuits safe, and collect and return to the magazine all\nexplosives that have not been charged.\n(3) If time permits before the storm reaches a dangerously close position,\na person at the site—\n(a) must withdraw to a safe distance from any explosive; and\n(b) must not return until the storm has passed.\nExamples of explosives for par (a)\n1 explosives contained in a magazine\n2 explosives contained in a blast hole\n3 explosives being carried to the site\n(4) The blasting site must be kept under observation from a safe distance\nby—\n(a) the shot-firer; or\n(b) if the shot-firer is absent—someone authorised by the\nshot-firer.\n(5) This section does not apply to a blasting operation in underground\nworkings, other than work in a sinking shaft.\n","sortOrder":216},{"sectionNumber":"214","sectionType":"section","heading":"Site preparation","content":"214 Site preparation\n(1) Before charging operations begin, all tools, plant and equipment not\nrequired for the operation must be removed from the area being\ncharged.\n\n(2) When charges are being prepared and blast holes are being charged,\nno other work may be conducted within 10m of the charging\noperations.\n(3) Before charging blast holes—\n(a) blast holes must be thoroughly cleared of all debris, loose\nmaterials or any other obstruction; and\n(b) except for deck charges—care must be taken to avoid the\npresence of any extraneous matter between cartridges.\ndeck charges means charges placed above a base charge at\npreselected intervals, if the charges are completely separated from the\nbase charge and from each other.\n","sortOrder":217},{"sectionNumber":"215","sectionType":"section","heading":"Blasting equipment precautions","content":"215 Blasting equipment precautions\nWhen a charge is prepared—\n(a) only tools made from non-ferrous materials may be used; and\n(b) if a metal spike is used to form a hole in a cartridged explosive,\nthe spike must not come into contact with any metal or hard\nsurface as it emerges; and\n(c) if practicable, only whole cartridges may be charged into blast\nholes; and\n(d) any metal implement used to cut explosives used for blasting\noperations must not operate with metal-to-metal contact or come\ninto contact with any hard surface.\n","sortOrder":218},{"sectionNumber":"216","sectionType":"section","heading":"Blasting preparation","content":"216 Blasting preparation\n(1) A person charging blast holes with explosives must—\n(a) if practicable, be positioned so that no part of the person’s body\nis in line with the direction of the hole; and\n\n(b) position the primer in the blast hole to minimise the likelihood\nof a cut-off in the blasting sequence; and\n(c) if tamping is required—tamp the explosives gently into blast\nholes of an appropriate size; and\n(d) if stemming is required—stem the blast holes by tamping the\nstemming material lightly, gradually increasing the force until\nthe blast hole is stemmed; and\n(e) ensure that any lead wires, safety fuse, detonating cord or signal\ntube are not damaged during stemming and tamping.\n(2) A person charging explosives into a blast hole must use a tamping\nrod—\n(a) made of wood or other nonmetallic material without any metal\nferrule or tip; and\n(b) kept free of grit at the ends.\n(3) For top-primed blast holes, tamping may only begin after at least\n150mm of stemming material has been placed in the blast hole.\n","sortOrder":219},{"sectionNumber":"217","sectionType":"section","heading":"Obstruction in blast hole","content":"217 Obstruction in blast hole\n(1) This section applies if an obstruction is met in a blast hole after\ncharging has begun.\n(2) The person charging the hole may only remove the obstruction by—\n(a) a flow of water or water and compressed air; or\n(b) if a pressure water supply is not available—a flow of air applied\nthrough a length of safety tubing that has no ferrous metal\nfittings, and is advanced gently, without force, into the blast\nhole.\n(3) If the obstruction cannot be removed, the person charging the hole\n(a) add a primer cartridge to the charge; and\n\n(b) continue charging above the obstruction until the stemming\nheight is reached; and\n(c) after the charge is fired, search for any unexploded explosive.\nsafety tube means a semiconductive plastic or rubber hose with an\nelectrical resistance of—\n(a) no less than 15 000Ω per metre; and\n(b) no more than 2MΩ, measured along the length of the hose.\n","sortOrder":220},{"sectionNumber":"218","sectionType":"section","heading":"Charging blast holes using pumpable or free-flowing","content":"218 Charging blast holes using pumpable or free-flowing\nA person who charges blast holes using pumpable or free-flowing\nexplosives must ensure that—\n(a) the rate of delivery of explosives does not cause overfilling of\nthe blast hole; and\n(b) the explosives are mixed according to the correct formulation;\nand\n(c) the operator of the delivery and mixing device remains at the\ncontrol panel or control device and shuts off the flow when\nnecessary to avoid spillage.\n","sortOrder":221},{"sectionNumber":"219","sectionType":"section","heading":"Precautions after blast","content":"219 Precautions after blast\nAfter blasting has been carried out at a blasting site—\n(a) no-one may enter the blasting site until the shot-firer, or a person\nauthorised by the shot-firer, is satisfied that any fumes and toxic\ngases created by the explosion are at safe levels; and\n(b) before any further work is carried out at the site, the site must be\ncarefully inspected for the presence of unfired or misfired\n\n(c) drilling must not be undertaken at the site until—\n(i) the whole site has been thoroughly washed down, if\nnecessary; and\n(ii) all butts have been carefully inspected and, if necessary,\nthoroughly washed and cleaned; and\n(iii) any misfire has been treated as required by division 2.9.11\n(Misfire precautions).\n","sortOrder":222},{"sectionNumber":"220","sectionType":"section","heading":"Inspection of site at end of shift","content":"220 Inspection of site at end of shift\n(1) If blasting has been carried out at a blasting site during a working\nshift, work must not begin on the next working shift until the site has\nbeen inspected and declared safe by a shot-firer authorised to use\nexplosives under the blasting permit for the operation.\n(2) The shot-firer must tell the person responsible for control of the\nblasting site during the next shift of—\n(a) the number and position of all blast holes that have been fired\nduring the previous shift; and\n(b) any suspected misfires.\n","sortOrder":223},{"sectionNumber":"221","sectionType":"section","heading":"Use of exploders","content":"221 Use of exploders\nA shot-firer using exploders must ensure that—\n(a) an exploder used for electrical firing is of a kind suitable for use\nwith the particular kind of detonator and size of firing circuit;\nand\n(b) the size of the firing circuit does not exceed the capacity of the\nexploder; and\n(c) the exploder is fitted with a device that, by its removal, renders\nthe exploder inoperable; and\n\n(d) the device mentioned in paragraph (c) is, while the exploder is\nnot being used to fire explosives—\n(i) out of the exploder; and\n(ii) in the shot-firer’s possession and control while the\nshot-firer is on duty; and\n(e) that any exploder, when not in use, is stored in a clean area that\nis free from moisture, oil and other contaminants.\n","sortOrder":224},{"sectionNumber":"222","sectionType":"section","heading":"Use of mains firing","content":"222 Use of mains firing\n(1) A shot-firer using mains firing must ensure that—\n(a) the mains circuit has adequate electrical capacity to fire the\nfiring circuit; and\n(b) the firing switch is installed between the source of electric power\nand the firing cable; and\n(c) the switch is protected by a short-circuit device on the cable side\nto prevent an electrical current entering the firing cable when the\nswitch is open; and\n(d) the firing switch and the short-circuit device are placed in\nswitchboxes that are—\n(i) in a fixed and safe position; and\n(ii) provided with an effective lock from which the key cannot\nbe removed unless the box is closed and locked; and\n(iii) so constructed that the box can neither be closed nor locked\nunless the switch or device is in the open position and the\nshort-circuit device is in place.\n(2) A shot-firer using mains firing must also ensure that—\n(a) a switchbox has only a single key; and\n\n(b) the key is in shot-firer’s possession and control while he or she\nis on duty; and\n(c) the switchbox is locked after a blasting operation.\n","sortOrder":225},{"sectionNumber":"223","sectionType":"section","heading":"Electrical firing—testing of components","content":"223 Electrical firing—testing of components\n(1) A shot-firer must, in accordance with subsection (2), test a firing\ncable to be used for electric firing operations—\n(a) for breaks and internal short-circuits; and\n(b) to work out its electrical resistance.\n(2) Firing cable testing must be carried out—\n(a) on each day of blasting operations—\n(i) before the operations start; or\n(ii) if there is more than 1 shift on the day—before each shift\nstarts; and\n(b) if damage to the cable is suspected.\n(3) A shot-firer must test each electric detonator to be used in a blasting\noperation for continuity and resistance using a circuit tester.\n(4) The shot-firer must take the following precautions in testing an\nelectric detonator:\n(a) the detonator must be covered in a way that will prevent injury\nto anyone, or damage to any property, if the detonator\naccidentally fires;\n(b) delay detonators must be kept covered like that for at least twice\nthe delay period of the detonator indicated by the delay number\nor code marked on the detonator or its wires.\n(5) A shot-firer must not use a firing cable or detonator in a blasting\noperation that is found to be faulty when tested in accordance with\nthis section until the fault is rectified.\n\n","sortOrder":226},{"sectionNumber":"224","sectionType":"section","heading":"Electrical firing—safe location of firing position","content":"224 Electrical firing—safe location of firing position\n(1) A shot-firer must ensure that the firing position is located at a point\noutside the range of, or is adequately shielded from, any missile or\nother blast effect that may be produced by the blast.\nfiring position means the position where the exploder or circuit\nswitch is to be operated to fire the charge.\n","sortOrder":227},{"sectionNumber":"225","sectionType":"section","heading":"Electrical firing—precautions during charging","content":"225 Electrical firing—precautions during charging\n(1) A shot-firer must comply with the following requirements when\ncharges are to be fired electrically:\n(a) the lead wires of a detonator must be kept short-circuited until\nthe charge is in position and ready for firing;\n(b) the joints and other parts in a firing circuit must be covered or\nplaced in a way that will prevent electrical contact to earth or\nwith any other thing that could cause a short circuit;\n(c) the firing cable leading to an explosive charge—\n(i) must be short-circuited, at the end nearer the firing\nposition, while the detonators are being connected; and\n(ii) must not be connected to an exploder or circuit tester until\nthe requirements of section 205 (Blasting warnings—\ngeneral) have been complied with (including the sounding\nof the warning signals);\n(d) the short-circuit in the firing cable may be opened only when the\nexplosive charge is ready for testing or firing;\n(e) before firing the charge, the firing circuit must be tested for\ncontinuity and electrical resistance at—\n(i) the firing position; or\n\n(ii) some other point so distant from the charge that if there is\naccidental firing there will be no danger to any person;\n(f) a circuit that is found to be faulty by a test under paragraph (e)\nmust not be used until all faults in the circuit are rectified;\n(g) immediately after firing, the shot-firer must—\n(i) render the exploder inoperable; and\n(ii) disconnect the firing cable; and\n(iii) replace the short circuit on the firing cable.\nfiring position means the position where the exploder or circuit\nswitch is to be operated to fire the charge.\n","sortOrder":228},{"sectionNumber":"226","sectionType":"section","heading":"Electric firing near source of electric power","content":"226 Electric firing near source of electric power\n(1) If electric firing is carried out near a source of electric power or a\npower or lighting cable, all proper precautions must be taken to\nprevent the firing cables, connecting wires and detonator lead wires\nfrom coming into contact with, or being affected by, any electrical\nleakage or induction from the cable or source of electric power.\n(2) Storage batteries and dry cells must be kept at least 10m from—\n(a) any firing cable; and\n(b) any part of a firing circuit; and\n(c) any place where electric detonators or electric fuse lighters are\nexposed.\n(3) Subsection (2) does not apply if the batteries or dry cells are\nadequately covered to prevent any likelihood of them causing the\naccidental firing of a detonator or fuse lighter.\n\n(4) Electric firing in a mine or quarry must not be undertaken near any\nelectrified trolley wire, underground power cable or high-voltage\noverhead powerline.\n(5) Subsection (4) does not apply if an inspector gives the shot-firer\nwritten approval for the electric firing.\n","sortOrder":229},{"sectionNumber":"227","sectionType":"section","heading":"Electric detonators near radiation source","content":"227 Electric detonators near radiation source\n(1) This section applies to the use of an electric detonator near any of the\nfollowing:\n(a) a radio or television transmitter;\n(b) a repeater transmission station;\n(c) another source of electromagnetic radiation.\n(2) The electric detonator may be used only if the use complies with\nAS 2187.2 in relation to the safe distance to be maintained between\nthe station (or other source of radiation) and the detonator and firing\ncircuit.\n","sortOrder":230},{"sectionNumber":"228","sectionType":"section","heading":"Electronic detonator firing","content":"228 Electronic detonator firing\nIf a shot-firer uses an electronic detonator in a blasting operation at a\nplace, the shot-firer must ensure that the operation is carried out safely\nand in accordance with the manufacturer’s instructions and the\noperating procedures for that place.\n\n","sortOrder":231},{"sectionNumber":"229","sectionType":"section","heading":"Safety fuse firing","content":"229 Safety fuse firing\n(1) This section applies if a shot-firer uses safety fuse in a blasting\n(a) before the fuse is used—\n(i) a sample of at least 1m is burnt to work out the burning rate\nof the fuse; and\n(ii) the burning rate of the sample is between 90 and\n120 seconds per metre; and\n(b) sufficient fuse (of at least 1m) is used to enable the shot-firer to\nwithdraw to a safe place without undue haste after the fuse has\nbeen ignited; and\n(c) the end of the fuse to be inserted into the detonator is clean and\ncut square, and inserted into the detonator by pushing gently\nwithout twisting; and\n(d) detonators are crimped on the fuse with a crimper; and\n(e) the fuse is not ignited until—\n(i) the charge has been fully inserted into the blast hole; and\n(ii) all necessary stemming and tamping has been completed;\nand\n(iii) if applicable, an effective means of screening the blast is in\nposition; and\n(f) if more than 1 fuse is to be ignited at any single firing—\n(i) only a safety fuse igniter approved for igniting more than\n1 fuse is used; and\n\n(ii) no more than 8 fuses are ignited at any single firing\nlocation, unless igniter cord or an electrical igniter\napproved by an inspector is used; and\n(iii) the firing of charges is arranged to enable the number of\nexplosions to be accurately counted from safe locations.\n(3) If the shot-firer has any doubt about the number of charges that have\nexploded, the shot-firer must—\n(a) assume that there has been a misfire; and\n(b) comply with the requirements of division 2.9.11 (Misfire\nprecautions).\n(4) If 2 or more shot-firers fire explosives near each other, the\nshot-firers must arrange the order of firing to avoid confusion in\ncounting the number of explosions.\n","sortOrder":232},{"sectionNumber":"230","sectionType":"section","heading":"Use of detonating cord","content":"230 Use of detonating cord\n(1) This section applies if a shot-firer uses detonating cord in a blasting\n(a) if the detonating cord is used as a down line, the cord is—\n(i) secured tautly and extends by at least 600mm from the\nedge of the blast hole; and\n(ii) cut from the reel; and\n(b) excessive slack is not left in the branch line connections; and\n(c) the branch line connections are made in accordance with\nAS 2187.2; and\n(d) if both trunk and branch lines are used—the blast is initiated in\na trunk line.\n\nbranch line means a length of detonating cord running between, and\nconnected to, the trunk line and the primer.\ndown line means a line of detonating cord, used to initiate an\nexplosive charge, by which a primer is lowered into a blast hole.\ntrunk line means the main line of detonating cord on the surface.\n","sortOrder":233},{"sectionNumber":"231","sectionType":"section","heading":"Signal tube firing","content":"231 Signal tube firing\n(1) This section applies if a shot-firer uses a signal tube to initiate a\nblasting operation.\n(a) all connections are carried out in accordance with the\nmanufacturer’s instructions; and\n(b) all connections are checked before initiating a blast; and\n(c) if possible, all fired signal tube is cleared from the blast site after\nthe blast has been completed.\n(3) If both trunk and branch lines are used, the blast must be initiated in\na trunk line.\n(4) A shot-firer must ensure that the firing position where the shot-firer\ninitiates the signal tube is located outside the range of, or is\nadequately shielded from, any missile or other blast effect that may\nbe produced by the blast.\nbranch line means a length of signal tube running between, and\nconnected to, the trunk line and the primer.\ntrunk line means the main line of signal tube on the surface.\n\n","sortOrder":234},{"sectionNumber":"232","sectionType":"section","heading":"Use of ANFO","content":"232 Use of ANFO\n(1) This section applies if a shot-firer pneumatically loads ANFO.\n(a) the equipment used for the loading is approved; and\n(b) the mixture is loaded through a safety tube; and\n(c) when loading the mixture, the pneumatic loader is earthed\nthrough a resistance of not more than 1MΩ; and\n(d) water lines, compressed air lines, wire-covered hoses, rails and\npermanent electrical earthing systems are not used as a means of\nearthing the loader; and\n(e) if electric detonators are used with pneumatic loading—the\nelectric detonators are of the protected kind; and\n(f) no part of the equipment that may come into contact with\nammonium nitrate or ANFO is composed of galvanised iron,\ngalvanised steel, or any zinc, lead, copper or any alloy of those\nmetals.\nsafety tube means a semiconductive plastic or rubber hose with an\nelectrical resistance of—\n(a) no less than 15 000Ω per metre; and\n(b) no more than 2MΩ, measured along the length of the hose.\n","sortOrder":235},{"sectionNumber":"233","sectionType":"section","heading":"Dealing with butts","content":"233 Dealing with butts\n(1) If a butt is found after a charge has been fired, the shot-firer must\nensure that no further work is carried out near the butt until the butt\nis made safe.\n\n(2) A person drilling a hole near a butt must drill in a way, and at a\ndistance, sufficient to prevent the drill from entering any part of the\nbutt.\n","sortOrder":236},{"sectionNumber":"234","sectionType":"section","heading":"Bulling charges","content":"234 Bulling charges\n(1) This section applies to a blast hole in which a bulling charge has been\nfired.\n(2) The shot-firer must ensure that the blast hole is not reloaded until—\n(a) the resulting chamber has been filled with water; or\n(b) the hole has been left to cool to a safe temperature over a\nsufficient period, which must be for at least 1 hour.\nNote Bulling is also known as chambering and springing.\n","sortOrder":237},{"sectionNumber":"235","sectionType":"section","heading":"Charging and firing charges","content":"235 Charging and firing charges\nThe shot-firer must ensure that—\n(a) charges in all the blast holes that are charged in a single firing\nlocation are—\n(i) fired as a single round; and\n(ii) fired without excessive delay; and\n(b) if a charge is not fired and exploded, it is dealt with as a misfire\nin accordance with division 2.9.11 (Misfire precautions); and\n(c) a blast hole that is charged is kept under constant and effective\nsupervision until the charge is fired.\n\n","sortOrder":238},{"sectionNumber":"236","sectionType":"section","heading":"Meaning of misfire","content":"236 Meaning of misfire\nmisfire means a charge or part of a charge that, on firing, has failed\nto explode or function as intended.\n(2) A misfire is taken to have happened if there are reasonable grounds\nfor suspecting that a misfire has happened.\n","sortOrder":239},{"sectionNumber":"237","sectionType":"section","heading":"Immediate action after a misfire","content":"237 Immediate action after a misfire\n(1) If there is a misfire, the shot-firer must ensure that no person enters\nthe blasting area until the end of whichever of the following periods\napply, or, if more than 1 period applies, until the end of whichever of\nthe following periods ends last:\n(a) if safety fuse was used—30 minutes after use; or\n(b) if a signal tube was used—5 minutes after use; or\n(c) if electric detonators were used—5 minutes after the time the\nfiring cables are disconnected and short-circuited.\n(2) Subsection (1) does not apply to a cut-off or butt.\n(3) The shot-firer must, as soon as possible, tell the person controlling or\nmanaging the blasting site about any misfire.\n","sortOrder":240},{"sectionNumber":"238","sectionType":"section","heading":"Misfire not to be left unattended","content":"238 Misfire not to be left unattended\n(1) This section applies if there is a misfire in surface blasting.\n(2) The misfire must not be left unattended.\n(3) The shot-firer must ensure that barriers are put up facing all access\nways to the blasting area with—\n(a) conspicuous red flags; or\n\n(b) conspicuous red signs immediately stationed so as to face all\naccess ways to the blasting area, displaying 1 or more of the\nfollowing messages in white letters:\n(i) ‘STOP’;\n(ii) ‘STOP—MISFIRED EXPLOSIVES’;\n(iii) ‘DANGER—CHARGED BLAST HOLES’.\n(4) While barriers are in place under subsection (3), a person must not\nenter the blasting area.\n(5) Subsection (4) does not apply to the shot-firer or a person authorised\nby the shot-firer to enter the blasting area.\n","sortOrder":241},{"sectionNumber":"239","sectionType":"section","heading":"Location of misfire","content":"239 Location of misfire\nAfter the end of the period that applies under section 237, the\nshot-firer must—\n(a) thoroughly examine the blasting site and do any work that is\nnecessary to work out the location of any misfire and its cause;\nand\n(b) carefully search for, collect, and safely dispose of any\nunexploded explosive or debris likely to contain explosive that\nis on the surface; and\n(c) warn all incoming work crews of the possible presence of\nexplosives in any broken ground or rock.\n\n","sortOrder":242},{"sectionNumber":"240","sectionType":"section","heading":"Electrical tests for misfire","content":"240 Electrical tests for misfire\nThe shot-firer must not conduct electrical tests on a firing circuit or\nany part of a firing circuit of a misfired charge unless all people in the\nblasting area are—\n(a) at a safe distance from the charge; or\n(b) in a blasting shelter approved by an inspector.\n","sortOrder":243},{"sectionNumber":"241","sectionType":"section","heading":"No removal of cartridged explosive","content":"241 No removal of cartridged explosive\n(1) A person must not remove cartridged explosive from a blast hole\ncontaining a misfired charge.\n","sortOrder":244},{"sectionNumber":"242","sectionType":"section","heading":"Blasting strategy to deal with misfire","content":"242 Blasting strategy to deal with misfire\n(1) This section applies if—\n(a) a charge misfires in a blasting or relieving hole; and\n(b) the shot-firer proposes to deal with the misfire by refiring the\ncharge in the same hole or firing a further charge in the same\nhole or a relieving hole.\n(2) The shot-firer may deal with the misfire by following whichever of\nthe following procedures applies:\n(a) if the shot-firer believes on reasonable grounds that there is no\nlikelihood of injury to a person or damage to property if the\ncharge is refired—by refiring the charge in the same hole;\n(b) if paragraph (a) does not apply—by firing a further charge in the\nsame hole, in accordance with subsection (3);\n(c) if it is impractical to fire a further charge in the same hole—\nsubject to subsection (6), by firing a further charge in a relieving\nhole in accordance with subsection (4) and subsection (5).\n\n(3) If subsection (2) (b) applies, the shot-firer must ensure that—\n(a) stemming and any water destructible explosives are removed\nfrom the hole—\n(i) with pressurised water, or a combination of pressurised\nwater and compressed air, using a rubber or plastic hose or\ntube; or\n(ii) if pressurised water or air is not available—with water and\na wooden implement; and\n(b) the hole is reprimed with a fresh primer.\nNote For any further firing, the shot-firer must comply with the other\nrequirements of this part relating to blasting operations.\n(4) If subsection (2) (c) applies, the shot-firer must ensure that the\nrelieving hole is drilled—\n(a) parallel to the misfired hole as far as possible; and\n(b) at a distance sufficient to prevent the drill from entering any part\nof the misfired hole; and\n(c) for a misfire in a mine or quarry—\n(i) from a remote or safe location; and\n(ii) only with the approval of an inspector.\n(5) If subsection (2) (c) applies, the shot-firer may drill multiple relieving\nholes to be fired together to deal with the misfire.\n(6) However, a shot-firer must not use a relieving hole (or holes) to deal\nwith the misfire if—\n(a) the blast hole has been bulled; or\n(b) it is otherwise unsafe to do so.\n\n","sortOrder":245},{"sectionNumber":"243","sectionType":"section","heading":"Misfire when electric detonator used","content":"243 Misfire when electric detonator used\n(1) This section applies if there is a misfire after an electric detonator has\nbeen used.\n(2) The shot-firer must—\n(a) short-circuit the firing cable and the lead wires of the detonator\nbefore attempting to treat the misfire; and\n(b) if the shot-firer proposes to use a procedure under section 242—\nensure, if practicable, that the lead wires from the detonator in\nthe misfired blast hole are firmly secured to a fixed object so as\nto allow the recovery of the detonator.\n","sortOrder":246},{"sectionNumber":"244","sectionType":"section","heading":"Misfire when signal tube detonator used","content":"244 Misfire when signal tube detonator used\n(1) This section applies if—\n(a) there is a misfire after a signal tube detonator has been used; and\n(b) the shot-firer proposes to use a procedure under section 242\n(Blasting strategy to deal with misfire) to deal with it.\n(2) The shot-firer must ensure, if practicable, that the signal tube from\nthe detonator in the misfired blast hole is firmly secured to a fixed\nobject so as to allow the recovery of the detonator.\n","sortOrder":247},{"sectionNumber":"245","sectionType":"section","heading":"Work not to restart until safe","content":"245 Work not to restart until safe\n(1) If the treatment of a misfire has involved the firing of a charge, the\nperson controlling or managing the blasting site must ensure that\nwork does not restart on the blasting site until—\n(a) the shot-firer has searched thoroughly for any unexploded\nexplosive; and\n(b) any explosive discovered has been safely disposed of; and\n\n(c) the shot-firer is satisfied that it is safe to resume.\n","sortOrder":248},{"sectionNumber":"246","sectionType":"section","heading":"Misfires that cannot be treated according to requirements","content":"246 Misfires that cannot be treated according to requirements\n(1) This section applies if the person controlling or managing the blasting\nsite (the controller or manager) considers that the misfire cannot be\ndealt with in accordance with this division.\n(2) The controller or manager must—\n(a) immediately take steps to ensure that instructions to deal safely\nwith the misfire are issued; and\n(b) ensure that the instructions are carried out; and\n(c) make an accurate written record of the instructions; and\n(d) if the misfire is in a mine or quarry—tell an inspector in writing\nabout the misfire as soon as possible after the misfire.\n(3) The controller or manager must keep the record made for\nsubsection (2) (c) for at least 5 years after the misfire.\n\n","sortOrder":249},{"sectionNumber":"247","sectionType":"section","heading":"Blasting underwater","content":"247 Blasting underwater\n(1) Blasting underwater must be undertaken in accordance with\n(2) A shot-firer who intends to fire a charge underwater must ensure,\nbefore firing, that—\n(a) everyone in the water at the blast site, including any diver, is at\na safe distance from the charge; and\n(b) any charges that are not in blast holes are secured against\nmovement; and\n(c) if explosives that may be affected by water are used—the\nexplosives are waterproofed, or are otherwise protected from the\neffects of water; and\n(d) if detonating cord is used underwater—suitable precautions are\ntaken to ensure that any lines of cord intended to remain apart\ncannot be brought together by water current or wave action.\n","sortOrder":250},{"sectionNumber":"248","sectionType":"section","heading":"Hot-material and high-temperature blasting","content":"248 Hot-material and high-temperature blasting\n(1) This section applies if blasting is to be carried out in hot material, or\nat high temperature, within the meaning of AS 2187.2.\n(2) Blasting must be carried out in accordance with the standard.\n(3) If the requirements of this section and any other section in this part\nare inconsistent, the requirements of this section prevail.\n","sortOrder":251},{"sectionNumber":"249","sectionType":"section","heading":"Demolition of buildings and other structures","content":"249 Demolition of buildings and other structures\n(1) A shot-firer must ensure that when blasting is used for the demolition\nof buildings or other structures, all operations are performed in\naccordance with—\n(a) any conditions in the blasting permit; and\n\nSpecial blasting operations Division 2.9.12\n(b) if not inconsistent with any conditions in the blasting permit—\n(2) If the requirements of this section and any other section in this part\nare inconsistent, the requirements of this section prevail.\n\nNote If this regulation requires an explosive to be disposed of in a particular\nway, and a person disposing of the explosive does not comply with that\nrequirement, the person may commit an offence under the Act, s 81\n(Unauthorised disposal of dangerous substances, plant and systems).\n","sortOrder":252},{"sectionNumber":"250","sectionType":"section","heading":"Meaning of dispose","content":"250 Meaning of dispose\nIn this part:\ndispose does not include supply.\nNote Dispose and supply are defined in the Act, dict. Those definitions apply\nto this regulation. However, the definition in this section qualifies the\ndefinition in the Act.\n","sortOrder":253},{"sectionNumber":"251","sectionType":"section","heading":"Application of pt 2.10","content":"251 Application of pt 2.10\n(1) This part applies to the disposal of explosives other than defined\ngeneral use fireworks.\n(2) However, this part does not apply to the disposal of explosives by an\ninspector or police officer exercising a function under the Act.\ndefined general use fireworks means general use fireworks other\nthan a quantity of more than 10kg of sparklers.\nNote Sparklers are general use fireworks (see s 259).\n","sortOrder":254},{"sectionNumber":"252","sectionType":"section","heading":"Authority to dispose of explosives","content":"252 Authority to dispose of explosives\n(1) A person must not dispose of an explosive unless the person is\nauthorised under a licence to handle the explosives.\n(2) A licence that authorises the handling of an explosive authorises the\ndisposal of the explosive by—\n(a) the licensee; and\n\nDisposal of explosives Part 2.10\n(b) any individual engaged (as an employee or contractor) to handle\nthe explosive under the supervision of the licensee.\nNote 2 A person who disposes of an explosive without authorisation may\ncommit an offence against the Act, pt 5.1.\n","sortOrder":255},{"sectionNumber":"253","sectionType":"section","heading":"Conditions for disposal of explosives—Act, s 53 (2) (b)","content":"253 Conditions for disposal of explosives—Act, s 53 (2) (b)\nIt is a condition of a licence that authorises the handling of an\nexplosive that the licensee must—\n(a) comply with the obligations imposed directly on the licensee\nunder this part; and\n(b) ensure that this part is complied with in relation to the disposal\nof explosives under the authority of the licence.\nNote A licensee who fails to comply with a condition of the licence may\n","sortOrder":256},{"sectionNumber":"254","sectionType":"section","heading":"Discarding explosives","content":"254 Discarding explosives\n(1) A person must not discard explosives.\nExamples of discarding\n1 throwing away the explosives\n2 burying the explosives, unless their burial complies with s 255 or s 256\n","sortOrder":257},{"sectionNumber":"255","sectionType":"section","heading":"Safe disposal of explosives—AS 2187.2","content":"255 Safe disposal of explosives—AS 2187.2\nExplosives may only be disposed of in accordance with AS 2187.2,\nsubject to section 256 and 257.\nNote See AS 2187.2, s 9.\n\n","sortOrder":258},{"sectionNumber":"256","sectionType":"section","heading":"Safe disposal of explosives—general rules","content":"256 Safe disposal of explosives—general rules\nA person disposing of an explosive must—\n(a) ensure that the method of disposal used provides the greatest\ndegree of safety and security possible; and\n(b) ensure that the method of disposal is appropriate to the kind and\ncondition of the explosive; and\n(c) take adequate precautions against causing injury to anyone or\ndamage to any property.\n","sortOrder":259},{"sectionNumber":"257","sectionType":"section","heading":"Safe disposal of explosives—inspector’s instructions","content":"257 Safe disposal of explosives—inspector’s instructions\nDespite section 255 and section 256, if an inspector tells (orally or in\nwriting) a person who is authorised to handle an explosive under a\nlicence to dispose of the explosive in a particular way, the person\nmust ensure that the direction is complied with.\n","sortOrder":260},{"sectionNumber":"258","sectionType":"section","heading":"Disposal records","content":"258 Disposal records\n(1) The holder of a licence under which an explosive is disposed of must\nmake a record of the disposal that complies with subsection (2).\n(a) the name and licence details of the owner of the explosive;\n(b) the name and classification code of the explosive, and the\nquantity disposed of;\n(c) the date of disposal;\n(d) the method of disposal;\n(e) the reason for disposal;\n(f) any information or documents required by a form for the record\n\nDisposal of explosives Part 2.10\n(3) The holder of a licence must keep a record made under this section of\nthe disposal of an explosive for at least 3 years after the day of\ndisposal, whether or not the licence continues in force.\n\nNote This regulation categorise fireworks as follows:\n• general use fireworks (eg sparklers)—see s 259 and pt 3.2\n• controlled fireworks (eg ground spinners)—see s 260\n• prohibited fireworks (eg large crackers or large aerial shells)—see\ns 261.\n","sortOrder":261},{"sectionNumber":"259","sectionType":"section","heading":"General use fireworks","content":"259 General use fireworks\n(1) For this regulation, each of the fireworks mentioned in table 259,\ncolumn 2 is a general use firework—\n(a) if the quantity of pyrotechnic substance in the firework is no\nmore than the quantity mentioned in column 3 for the firework;\nand\n(b) if any other condition mentioned in column 3 for the firework is\nmet.\nNote General use fireworks are exempt explosives, and are taken to be\nauthorised explosives (see div 2.2.1).\n(2) A declaration under table 259, item 6 is a disallowable instrument.\nTable 259 General use fireworks\nitem\nsubstance etc\n1 amorce 0.0075g\n2 cap 0.0075g\n3 party popper 0.03g\n4 snap for a bonbon 0.03g\n\nKinds of fireworks Part 3.1\nitem\nsubstance etc\n5 sparkler (a) 10g pyrotechnic\nsubstance for any\nindividual sparkler; and\n(b) 100g total pyrotechnic\nsubstance for all\nsparklers in same\npackage; and\n(c) 450mm in length; and\n(d) designed to be held in\nthe hand; and\n(e) does not contain\nmagnesium, chlorate or\nperchlorate\n6 any other kind of\nfirework declared by the\nMinister to be a general\nuse firework\nany conditions stated by the\nMinister in the declaration (for\nexample, fixing a maximum\nquantity of pyrotechnic substance)\n","sortOrder":262},{"sectionNumber":"260","sectionType":"section","heading":"Controlled fireworks","content":"260 Controlled fireworks\nFor this regulation, each of the fireworks mentioned in table 260,\ncolumn 2 is a controlled firework if the quantity of pyrotechnic\nsubstance in the firework, or in a part of the firework, is not more than\nthe quantity mentioned in column 3 for the firework or part.\nTable 260 Controlled fireworks\nitem\nsubstance\n1 fountain 60g\n2 ground spinner 20g\n\nitem\nsubstance\n3 helicopter\nNote Helicopters are also\nknown as fliers and aerial\nspinners.\n20g\n4 mine (a) 60g in total; and\n(b) for lift charge—20g;\nand\n(c) for each star—5g\n5 multishot cake (a) 60g in total; and\n(b) for each tube—10g\n6 novelty 5g\n7 snake 2g\nNote Snakes are also known as glow worms.\n8 wheel (a) 60g in total; and\n(b) for each driver—20g\n","sortOrder":263},{"sectionNumber":"261","sectionType":"section","heading":"Prohibited fireworks","content":"261 Prohibited fireworks\nFor this regulation, each of the fireworks mentioned in table 261,\ncolumn 2 is a prohibited firework—\n(a) if any dimensions of the firework are greater than those stated\nfor the firework in column 3; or\n(b) if any other condition mentioned in column 3 for the firework is\nmet.\nNote 1 Prohibited fireworks cannot be authorised (see s 29 (2) and s 32 (3) (a)).\nNote 2 Any firework (whether or not it is a prohibited firework) that is not\nauthorised is a prohibited explosive (see s 27 (1)).\n\nKinds of fireworks Part 3.1\nTable 261 Prohibited fireworks\nitem\ndimension etc\n1 any individual cracker,\nwhether or not in a string\n(a) length—45mm; and\n(b) external diameter—\n10mm\n2 any individual cracker,\nwhether or not in a string\nif the cracker is designed to be\nignited by striking part of the\ncracker against another surface (for\nexample, match crackers and strike\nbungers)\n3 string of crackers if the crackers contain a roll or rolls\nof crackers designed to initiate\nsimultaneously\n4 aerial shell, other than a\nsalute shell\ndiameter—300mm\n5 salute shell diameter—75mm\n\n","sortOrder":264},{"sectionNumber":"262","sectionType":"section","heading":"General use fireworks—ch 3 does not apply","content":"262 General use fireworks—ch 3 does not apply\nThis chapter, other than this part, does not apply to general use\n","sortOrder":265},{"sectionNumber":"263","sectionType":"section","heading":"Use in accordance with instructions","content":"263 Use in accordance with instructions\n(1) If a person uses a general use firework the person must use it in\naccordance with any instruction written on, or provided with, the\nfirework.\nMaximum penalty: 5 penalty units.\nExample of written instruction\nan instruction provided with a package of sparklers (which are general use\nfireworks) that states ‘Keep burning end or sparks away from clothing or other\nflammable material’\n\nControlled fireworks Part 3.3\n","sortOrder":266},{"sectionNumber":"Part 3","sectionType":"part","heading":"3 Controlled fireworks","content":"Part 3.3 Controlled fireworks\n","sortOrder":267},{"sectionNumber":"264","sectionType":"section","heading":"Use of controlled fireworks","content":"264 Use of controlled fireworks\n(1) A person commits an offence if the person—\n(a) uses a controlled firework; and\n(b) is not authorised by a licence or otherwise under the Act to use\nthe firework.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\n","sortOrder":268},{"sectionNumber":"298","sectionType":"section","heading":"Application of pt 3.4","content":"298 Application of pt 3.4\n(1) This part applies to the use of fireworks for fireworks displays.\n(2) However, this part does not apply in relation to the use of a firework\nby an inspector or police officer exercising a function under the Act.\nNote This part also does not apply to the use of general use fireworks (see\ns 262).\n","sortOrder":269},{"sectionNumber":"299","sectionType":"section","heading":"Fireworks display definitions","content":"299 Fireworks display definitions\ndisplay operator licence means a licence issued for this part\nauthorising the use of fireworks for fireworks displays.\ndisplay site, for a fireworks display authorised by a fireworks display\npermit, means the immediate area of the display and the area under\nthe direct control of the permit-holder, including all of the following:\n(a) the point of ignition;\n(b) the fall-out area;\n(c) the area within the largest applicable minimum distance (under\nsection 327 (Separation distances for fireworks displays)) from\nall viewing areas and any protected works.\neffective barrier means—\n(a) a fence, cordon or similar device; or\n(b) a body of water or other natural barrier; or\n(c) any other way stated in a fireworks display permit of ensuring\nthat separation distances are complied with for the use of\nfireworks under the permit.\n\nUsing fireworks for fireworks displays—general Division 3.4.2\nfireworks display means a display of fireworks, whether indoors or\noutdoors, and includes the testing of fireworks for fireworks displays.\n1 an outdoor display of fireworks in association with a public event such as the\nCanberra Show or an outdoor entertainment (eg a game of football at Canberra\nOutdoor Stadium)\n2 use of theatrical fireworks indoors at a theatre for the performance of a\nchildren’s pantomime\n3 an outdoor display of Chinese firecrackers to celebrate Chinese New Year\nfireworks display permit, for a fireworks display, means a licence\nissued for this part authorising the conduct of the display.\nground display fireworks means fireworks that—\n(a) primarily function on the ground; and\n(b) project stars, novelty effects or other effects above the ground.\n","sortOrder":270},{"sectionNumber":"Div 3","sectionType":"division","heading":"4.2 Using fireworks for fireworks","content":"Division 3.4.2 Using fireworks for fireworks\ndisplays—general\n","sortOrder":271},{"sectionNumber":"300","sectionType":"section","heading":"Authority to use fireworks for fireworks displays","content":"300 Authority to use fireworks for fireworks displays\n(1) A person is authorised to use a firework for a fireworks display if the\nperson—\n(a) holds a display operator licence authorising the use of the\nfirework for fireworks displays; or\n(b) holds a fireworks display permit authorising the use of the\nfirework for the display; or\n\nDivision 3.4.2 Using fireworks for fireworks displays—general\n(c) is an individual engaged (as an employee or contractor) to use\nthe firework for the display under the supervision of a person\nwho holds a display operator licence or a fireworks display\npermit authorising the use of the firework for a fireworks\ndisplay.\nNote A person who uses a firework without authorisation may commit an\n(2) However, a person is authorised to use a firework for a fireworks\ndisplay only if its use is for a display in accordance with this\nregulation that is authorised by a fireworks display permit.\nNote Div 3.4.4 (Fireworks display permits) includes a number of restrictions\non the times, places and types of fireworks displays that may be\nconducted under fireworks display permits.\n","sortOrder":272},{"sectionNumber":"301","sectionType":"section","heading":"Operator licence or display permit to be produced","content":"301 Operator licence or display permit to be produced\nA person who holds a display operator licence or a fireworks display\npermit must—\n(a) carry the licence or permit at all times when using, or preparing\nto use, the fireworks authorised to be used under the licence or\npermit; and\n(b) produce the licence or permit when asked to do so by an\ninspector, police officer or firefighter.\n","sortOrder":273},{"sectionNumber":"302","sectionType":"section","heading":"Reasonable steps for supplying and storing fireworks—","content":"302 Reasonable steps for supplying and storing fireworks—\nAct, s 16 (2) (e)\nhandling of fireworks for a fireworks display, consideration must be\ngiven to whether the requirements under this part have been complied\nwith in relation to the supply or storage.\n(Hazard is defined in the Act, s 15 (1)).\n\nDisplay operator licences Division 3.4.3\n","sortOrder":274},{"sectionNumber":"303","sectionType":"section","heading":"Person in control of fireworks displays—Act, s 17 (1) (e)","content":"303 Person in control of fireworks displays—Act, s 17 (1) (e)\nFor the Act, the holder of a display operator licence or a fireworks\ndisplay permit is a person in control of all of the following in relation\nto the handling of a firework under the licence or permit for a\nfireworks display:\n(a) the handling of the firework;\n(b) the display site;\n","sortOrder":275},{"sectionNumber":"304","sectionType":"section","heading":"Display operator licence applications—Act, s 50 (2)","content":"304 Display operator licence applications—Act, s 50 (2)\nAn application for a display operator licence must include the\nfollowing information and documents:\n(a) the name, address and date of birth of the applicant;\n(b) 2 passport photographs of the applicant;\n(c) documentation describing a safety management system for the\nuse of fireworks under the licence for fireworks displays;\n\n(d) details of any training course that the applicant has attended in\nthe use of fireworks, and evidence that the applicant passed the\ncourse, or met an applicable standard of competency because of\nthe course;\n(e) details of the kinds of fireworks the applicant intends to use in\nfireworks displays, including the maximum size of each kind of\nfirework;\n(f) details of any special effects or procedures using fireworks or\npyrotechnic substances that the applicant intends to use in\n(g) details of the applicant’s experience and knowledge in using the\nkinds and sizes of fireworks that the applicant intends to use in\n(h) any other information or documents required by a form for an\n","sortOrder":276},{"sectionNumber":"305","sectionType":"section","heading":"Suitable people to hold display operator licences—","content":"305 Suitable people to hold display operator licences—\nAct, s 49 (1) (i)\nto be issued with, or to continue to hold, a display operator licence\n(a) whether the person is an individual;\n(b) whether the person has demonstrated adequate knowledge and\nexperience of the following matters (the licence criteria):\n(i) safety in the use of fireworks of the kind and size stated in\nthe application;\n\nDisplay operator licences Division 3.4.3\n(ii) the requirements of this regulation that relate to fireworks\ndisplays.\n(2) For subsection (1), an applicant is taken to have demonstrated\nadequate knowledge and experience of the licence criteria if the\napplicant meets 1 or more of the following conditions, required by the\nwork health and safety commissioner:\n(a) the person has passed an examination approved by the work\nhealth and safety commissioner to test the applicant’s\nknowledge of the licence criteria;\n(b) the person has—\n(i) attended a training course approved by the work health and\nsafety commissioner on the use of fireworks for fireworks\ndisplays; and\n(ii) passed the course, or met an applicable standard of\ncompetency to the satisfaction of the work health and\nsafety commissioner because of the course; and\n(iii) demonstrated suitable practical experience in the use for\nfireworks displays of the fireworks intended to be used\nunder the licence, to the satisfaction of the work health and\nsafety commissioner;\n(c) the person has demonstrated suitable practical experience in the\nuse for fireworks displays of the fireworks intended to be used\nunder the licence, to the satisfaction of the work health and\nsafety commissioner.\n(3) A person is also taken to have demonstrated adequate knowledge and\nexperience of the licence criteria if the person holds a qualification\nrelating to the use of fireworks issued outside the ACT that is\napproved by the work health and safety commissioner.\n\n(4) An approval under this section is a notifiable instrument.\n","sortOrder":277},{"sectionNumber":"306","sectionType":"section","heading":"Display operator licence conditions—Act, s 53 (2) (b)","content":"306 Display operator licence conditions—Act, s 53 (2) (b)\n(1) The following conditions apply to each display operator licence:\n(a) only authorised fireworks may be used under the licence;\n(b) the licensee must establish and maintain a safety management\nsystem for the use of fireworks under the licence for fireworks\ndisplays;\n(c) the licensee must—\nlicensee under this part; and\nof fireworks under the licence for fireworks displays.\n(2) If a person holds a display operator licence as well as a fireworks\ndisplay permit, an obligation that applies to the person under this part\nin either capacity is taken to be a condition of both the licence and the\nNote Display operator licences and fireworks display permits are all licences\nunder the Act. The holder of a licence or permit who fails to comply with\na condition of the licence or permit may commit an offence against the\nAct, s 63 (Failure to comply with conditions of licence).\n","sortOrder":278},{"sectionNumber":"307","sectionType":"section","heading":"Fireworks display permit applications—Act, s 50 (2)","content":"307 Fireworks display permit applications—Act, s 50 (2)\n(1) An application for a fireworks display permit must include the\nfollowing information and documents in relation to the fireworks\ndisplay for which the permit is sought:\n(a) the name, address and date of birth of the applicant;\n\n(b) the number of—\n(i) the display operator licence (if any) held by the applicant;\nand\n(ii) any authority to use fireworks held by the applicant that is\nissued under a corresponding law;\n(c) the time and date of the display;\n(d) if the applicant holds a display operator licence—documentation\ndescribing the safety management system established for the\nlicence, adapted, if necessary to show how the system will apply\nto the display;\n(e) the name, address and telephone number of the person or\norganisation sponsoring the display;\n(f) details of insurance arrangements in relation to the display;\n(g) the location of the display, its potential community impact and\nits potential impact on the surrounding areas;\n(h) details of any approval to use unleased national or territory land\nthat is required under a law of the Commonwealth or the\nTerritory for the conduct of the display;\n(i) for an outdoor fireworks display—neighbouring resident\nnotification arrangements;\n(j) public notification arrangements;\n(k) police, fire and emergency services authorities notification\narrangements;\n(l) the kind, size and quantity of fireworks to be used;\n(m) details of any special effects or procedures using fireworks or\npyrotechnic substances that the applicant intends to use in the\ndisplay;\n(n) fireworks site storage arrangements;\n\n(o) site security and public control arrangements during the setting\nup, operation and dismantling of the display;\n(p) public safety arrangements and separation distances;\n(q) if the applicant does not hold a display operator licence—the\ndetails required by subsection (2);\n(r) any other information or documents required by a form for the\n(2) In addition, if the applicant does not hold a display operator licence,\nthe application must include the following information;\n(a) the date of birth of the applicant;\n(b) 2 passport photographs of the applicant;\n(c) details of any training course that the applicant has attended in\nthe use of fireworks, and evidence that the applicant passed the\ncourse, or met an applicable standard of competency because of\nthe course;\n(d) details of the applicant’s experience and knowledge in using the\nkinds and sizes of fireworks that the applicant intends to use in\nconduct of fireworks displays under the permit.\n","sortOrder":279},{"sectionNumber":"308","sectionType":"section","heading":"Suitable people to hold fireworks display permits—Act,","content":"308 Suitable people to hold fireworks display permits—Act,\nto be issued with, or to continue to hold, a fireworks display permit\n(a) whether the person holds a display operator licence;\n\n(b) if the person does not hold a display operator licence—if the\nperson has demonstrated adequate knowledge and experience\nof—\n(i) safety in the use of fireworks of the kind and size to be used\nin the display or displays for which the permit is sought;\nand\n(ii) the requirements of this regulation that relate to fireworks\ndisplays.\nNote 1 A fireworks display permit is a licence under the Act (see s 299, def\nfireworks display permit). For working out who is a suitable person to\nbe issued with a fireworks display permit, see also s 40A.\n(2) For subsection (1), the work health and safety commissioner must\nhave regard to any relevant qualifications held by the applicant.\n","sortOrder":280},{"sectionNumber":"309","sectionType":"section","heading":"Fireworks display permits—prescribed conditions for","content":"309 Fireworks display permits—prescribed conditions for\nAct, s 53 (2) (b)\n(1) The following conditions apply to each fireworks display permit:\n(a) only authorised fireworks may be used under the permit;\n(b) the permit-holder must establish and maintain a safety\nmanagement system for the use of fireworks under the permit;\n(c) the permit-holder must—\npermit-holder under this part; and\nof fireworks under the permit for fireworks displays.\n\n(2) If a person holds a display operator licence as well as a fireworks\ndisplay permit, an obligation that applies to the person under this part\nin either capacity is taken to be a condition of both the licence and the\nNote Display operator licences and fireworks display permits are licences\nunder the Act. The holder of a licence or permit who fails to comply with\na condition of the licence or permit may commit an offence against the\nAct, s 63 (Failure to comply with conditions of licence).\n","sortOrder":281},{"sectionNumber":"310","sectionType":"section","heading":"Insurance requirements","content":"310 Insurance requirements\nA fireworks display may not be conducted unless the work health and\nsafety commissioner is satisfied that there is adequate insurance\ncoverage.\n","sortOrder":282},{"sectionNumber":"311","sectionType":"section","heading":"Multiple fireworks displays—general","content":"311 Multiple fireworks displays—general\nA separate fireworks display permit is required for every fireworks\ndisplay, unless the work health and safety commissioner approves 2\nor more displays under a single permit in accordance with\nsection 312.\n","sortOrder":283},{"sectionNumber":"312","sectionType":"section","heading":"Multiple fireworks displays—theatrical events etc","content":"312 Multiple fireworks displays—theatrical events etc\nThe work health and safety commissioner may approve 2 or more\nfireworks displays under a fireworks display permit if satisfied that—\n(a) the displays are to be conducted as part of the rehearsal and\nproduction of a theatrical or similar event; and\n(b) the displays are all to be conducted at the same place; and\n(c) the same types and quantities of fireworks and pyrotechnic\neffects are to be used for each display; and\n(d) the fireworks and pyrotechnic effects are to be used in the same\ncontext in each display.\n\n","sortOrder":284},{"sectionNumber":"313","sectionType":"section","heading":"Time and place restrictions for outdoor displays","content":"313 Time and place restrictions for outdoor displays\n(1) An outdoor fireworks display must not be conducted unless it is—\n(a) conducted as permitted under this section; or\n(b) approved by the work health and safety commissioner under\nsection 314.\nNote A person is authorised to use a firework for a fireworks display only if its\nuse is for a display in accordance with the section that is authorised by a\nfireworks display permit (see s 300 (2)).\n(2) An outdoor fireworks display may be conducted, subject to this part,\nonly on the following days and at the following times:\n(a) Fridays, Saturdays and public holidays, between 5 pm and\n10 pm;\n(b) 31 December in any year, between 5 pm and 12 pm;\n(c) 1 January in any year, between 12 am and 12.30 am.\n(3) An outdoor fireworks displays must not be conducted on land leased\nfor residential purposes.\n","sortOrder":285},{"sectionNumber":"314","sectionType":"section","heading":"Work health and safety commissioner approval of","content":"314 Work health and safety commissioner approval of\nfireworks displays—special celebrations\n(1) The work health and safety commissioner may approve an outdoor\nfireworks display for an event at a time, on a day, and at a place, stated\nin the fireworks display permit for the display, appropriate for the\ncelebration of the event.\nExamples of events\n1 Chinese New Year celebrations\n2 sporting events\n\nDivision 3.4.5 Notification of outdoor fireworks displays\n(2) In deciding whether to approve an outdoor fireworks display under\nsubsection (1), the work health and safety commissioner must have\nregard to the noise nuisance to anyone who lives near the place of the\ndisplay, or who is likely to be nearby at the time of the display.\nDivision 3.4.5 Notification of outdoor fireworks\ndisplays\n","sortOrder":286},{"sectionNumber":"315","sectionType":"section","heading":"Application of div 3.4.5","content":"315 Application of div 3.4.5\nThis division applies if the holder of a fireworks display permit\nproposes to conduct an outdoor fireworks display authorised by the\n","sortOrder":287},{"sectionNumber":"316","sectionType":"section","heading":"Public notice for outdoor displays","content":"316 Public notice for outdoor displays\n(1) The permit-holder must, within the notification period, give public\nnotice of the date, time, duration and location of the proposed\nfireworks display.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\nnotification period means between 3 and 7 days before the date for\nthe proposed fireworks display.\n","sortOrder":288},{"sectionNumber":"317","sectionType":"section","heading":"Notification of police, fire and emergency services about","content":"317 Notification of police, fire and emergency services about\noutdoor displays\n(1) The permit-holder must, no later than 7 days before the proposed date\nfor the fireworks display, give notice to the police and fire authorities\nof the following details about the proposed display:\n(a) the date, time, duration and location of the proposed display;\n(b) any other information or documents required by a form for the\nnotice approved under the Act, section 222.\n\nManagement of fireworks displays—general Division 3.4.6\npolice and fire authorities means all of the following:\n(a) the chief police officer and the police officer in charge of the\npolice station closest to the location of the proposed display;\n(b) the chief officer (fire and rescue service) or the chief officer\n(rural fire service), whichever is appropriate.\nDivision 3.4.6 Management of fireworks displays—\ngeneral\n","sortOrder":289},{"sectionNumber":"318","sectionType":"section","heading":"Application of div 3.4.6","content":"318 Application of div 3.4.6\nThis division applies to a person who holds a fireworks display permit\nin relation to the conduct of any display (whether indoor or outdoor)\nauthorised by the permit.\n","sortOrder":290},{"sectionNumber":"319","sectionType":"section","heading":"Supervision—fireworks displays","content":"319 Supervision—fireworks displays\nA fireworks display authorised by the permit must be conducted\nunder the direct supervision of the permit-holder.\n","sortOrder":291},{"sectionNumber":"320","sectionType":"section","heading":"Fire protection—fireworks displays","content":"320 Fire protection—fireworks displays\n(1) Adequate resources for fire prevention and a suitable means of fire\nfighting must be available at the display site.\n(2) Before the display starts, all easily ignitable material at the display\nsite must, as far as practicable, be—\n(a) removed from the display site; or\n(b) reduced; or\n(c) treated to reduce the risk of fire.\n\nDivision 3.4.6 Management of fireworks displays—general\n","sortOrder":292},{"sectionNumber":"321","sectionType":"section","heading":"Sources of ignition—fireworks displays","content":"321 Sources of ignition—fireworks displays\n(1) A person must not bring a source of ignition, or permit a source of\nignition to be brought, within 10m of fireworks to be used for a\nfireworks display authorised by the permit.\nExample of a source of ignition\na lit cigarette\n(2) Subsection (1) does not apply to a source of ignition necessary to fire\nthe fireworks.\n","sortOrder":293},{"sectionNumber":"322","sectionType":"section","heading":"Keys for electrical firing—fireworks displays","content":"322 Keys for electrical firing—fireworks displays\n(1) If fireworks are to be fired electrically—\n(a) if the firing unit includes a key-operated switch—the key must\nremain in the control of the permit-holder at all times; or\n(b) if the firing unit does not include a key-operated switch—\n(i) the firing unit must be kept in a locked receptacle; and\n(ii) the key for the receptacle must remain in the control of the\nholder of the display permit at all times.\n(2) When testing electrical firing circuits, a person authorised under a\nfireworks display permit to operate the circuits must ensure that no-\none else is present in the immediate area of the fireworks attached to\nthe electrical firing unit.\n\nManagement of fireworks displays—general Division 3.4.6\n","sortOrder":294},{"sectionNumber":"323","sectionType":"section","heading":"Clean up—fireworks displays","content":"323 Clean up—fireworks displays\n(1) After the display—\n(a) the display site must be inspected as soon as possible for any\nunfired firework; and\n(b) all misfired and unexploded fireworks that are found must be\ndisposed of in accordance with part 2.10 (Disposal of\nexplosives); and\n(c) all debris resulting from the handling of the fireworks must, as\nfar as practicable, be cleared away and disposed of.\n(2) Until subsection (1) is complied with, the permit-holder must ensure\nthat no-one enters the display site except a person authorised by the\npermit-holder.\n","sortOrder":295},{"sectionNumber":"324","sectionType":"section","heading":"Malfunctions—fireworks displays","content":"324 Malfunctions—fireworks displays\nIf a firework malfunctions and there is risk to the public—\n(a) operations relating to the display must be stopped immediately;\nand\n(b) the cause of the malfunction must be worked out; and\n(c) the operations must not be resumed until—\n(i) the cause of the malfunction is worked out; and\n(ii) the malfunction has been corrected; and\n(iii) it is safe to restart operations.\n","sortOrder":296},{"sectionNumber":"325","sectionType":"section","heading":"Reporting on displays","content":"325 Reporting on displays\n(1) The permit-holder must give the work health and safety\ncommissioner a report in accordance with subsection (2) about each\ndisplay authorised by the permit within 7 days after the date of the\nlast display authorised by the permit.\n\n(2) The report must include details of the following for each authorised\ndisplay:\n(a) any malfunction (including the causes of the malfunction);\n(b) action taken to deal with any malfunction;\n(c) any fireworks that did not ignite;\n(d) any misfired fireworks;\n(e) any fireworks that did not operate as intended (for example, an\naerial shell that launched but did not ignite);\n(f) any fireworks mentioned in the application for the permit that\nwere not used;\n(g) any delay or cancellation of the display (including the reason for\nthe delay or cancellation);\n(h) any variation in the conduct of the display from that described\nin the permit (including the reason for the variation).\n(3) The permit-holder must, whether or not the permit continues in force,\nkeep the permit and a copy of the report under this section for a period\nof 3 years after the date of the fireworks display (or the latest\nfireworks display) authorised by the permit.\n","sortOrder":297},{"sectionNumber":"326","sectionType":"section","heading":"Application of div 3.4.7","content":"326 Application of div 3.4.7\nThis division applies to a person who holds a fireworks display permit\nin relation to the conduct of any outdoor fireworks display authorised\nby the permit.\n\n","sortOrder":298},{"sectionNumber":"327","sectionType":"section","heading":"Separation distances—outdoor displays","content":"327 Separation distances—outdoor displays\n(1) The place from which each kind of firework mentioned in table 327,\ncolumn 2 is fired for the display must be no closer than the minimum\nseparation distance worked out in accordance with the table,\ncolumn 3 for the kind of firework from—\n(a) anyone except the permit-holder or someone authorised by the\npermit-holder to handle the firework; and\n(b) any of the following:\n(i) a building or structure;\n(ii) a place where dangerous substances are stored;\n(iii) a route for traffic of any kind (for example, motor vehicle,\nbicycle or pedestrian traffic);\n(iv) a place where it is proposed that people will assemble to\nview the display.\n(2) Despite subsection (1), the separation distances between people and\nproperty and the place where a firework is fired must be greater than\nthe minimum required by that subsection, if necessary to ensure—\n(a) that the firework effects and any firework debris remain within\nthe minimum stated separation distances; and\n(b) the safety of anyone, or to avoid damage to any property, near\nthe display.\nExamples of increases in the minimum separation distances that may be\nrequired\n1 increase to adjust for wind-drift\n2 increase to adjust for the angle of a mortar used to fire the firework\n(3) Subsection (1) is subject to any contrary condition stated in the\n\nTable 327 Separation distances for firing of fireworks\nitem\nkind of fireworks\nminimum distance\n1 lancework 10m\n2 fountains—\n25mm or less maximum\ninternal diameter 20m\n3 fountains—\nmore than 25mm maximum\ninternal diameter 35m\n4 ground display fireworks,\nunless otherwise provided by\nthis table\nthe greater of the following:\n(a) 1m per mm of\ninternal diameter\nof firework;\n(b) 35m\n5 aerial shells, unless otherwise\nprovided by this table\nthe greater of the following:\n(a) 1m per mm of\ndiameter of\nfirework;\n(b) 35m\n6 chain-fused fireworks (ground\ndisplay or aerial)\n1 a large multishot cake\n2 a preloaded aerial barrage\ntwice the separation distance\nworked out under item 4 or 5\n7 multi-break aerial shells—less\nthan 200mm diameter\nseparation distance worked\nout under item 5 for an aerial\nshell that is 25mm larger\nfor a 100mm multi-break aerial\nshell—125m\n\nitem\nkind of fireworks\nminimum distance\n8 multi-break aerial shells—\n200mm diameter or more\nseparation distance worked\nout under item 5 plus 50%\n1 for a 200mm diameter multi-\nbreak aerial shell—300m\n2 for a 400mm diameter multi-\nbreak aerial shell—600m\n","sortOrder":299},{"sectionNumber":"328","sectionType":"section","heading":"Barriers—outdoor displays","content":"328 Barriers—outdoor displays\n(1) Anyone except someone authorised by the holder of a display permit\nto handle display fireworks must be kept at a safe distance, by the use\nof an effective barrier or barriers, from—\n(a) the ignition point; and\n(b) the set-up point, if that is a different place.\nExample of different ignition point and set-up point\nfireworks set up on a barge which is then towed to the ignition point\n(2) The barriers must be patrolled and secured to ensure no unauthorised\naccess.\n(3) The barriers for the firing point must not be closer to the firing point\nthan the greatest minimum separation distance required under\nsection 327.\n(4) Conspicuous notices must be displayed, or announcements must be\nmade, warning unauthorised people not to enter the barricaded area.\n","sortOrder":300},{"sectionNumber":"329","sectionType":"section","heading":"On-site storage—outdoor displays","content":"329 On-site storage—outdoor displays\n(1) This section applies to fireworks stored for use by the permit-holder\nin the conduct of the display, if the fireworks are stored at—\n(a) the display site; or\n\n(b) another place stated in the permit for setting up the display.\nExample for par (b)\nfireworks stored on or near a barge (remote from the display site) where a display\nis being set up before the barge is towed to the ignition point at the display site\n(2) This section applies during the period, as stated in the permit, required\nfor setting up, conducting and dismantling the display.\n(3) Fireworks must be stored under this section—\n(a) in accordance with part 2.7 (Storing explosives); or\n(b) securely aboard a road or rail vehicle in accordance with part 2.6\n(Carrying explosives); or\n(c) in a portable magazine.\n(4) If the fireworks are stored in a portable magazine, the magazine must\nbe no closer than the defined minimum separation distance from—\n(a) anyone except the permit-holder or someone authorised by the\npermit-holder to handle the firework; and\n(b) any of the following:\n(i) a building or structure;\n(ii) a place where dangerous substances are stored;\n(iii) a route for traffic of any kind (for example, motor vehicle,\nbicycle or pedestrian traffic);\n(iv) a place where it is proposed that people will assemble to\nview the display.\n(5) While fireworks are stored under this section, a person authorised\nunder the permit must be present at all times at the place the fireworks\nare being stored.\n\n(6) In this section:\ndefined minimum separation distance, for fireworks stored under\nthis section, means the greater of the following:\n(a) the greatest applicable separation distance under section 327\n(Separation distances—outdoor displays);\n(b) the greatest separation distance required under AS 2187.1 for\nthe storage of fireworks of that kind.\nNote See AS 2187.1, s 3.\n","sortOrder":301},{"sectionNumber":"330","sectionType":"section","heading":"Firing aerial shells—outdoor displays","content":"330 Firing aerial shells—outdoor displays\nAerial shells fired for the display must be fired—\n(a) so as not to pass over spectators; and\n(b) so that they break or explode over the display site; and\n(c) so as not to come within 8m of any overhead object; and\n(d) so that any misfired shell falls within the display site; and\n(e) otherwise in accordance with the requirements of AS 2187.4 for\nthe firing of aerial shells.\nNote See AS 2187.4, s 3.2.2\n","sortOrder":302},{"sectionNumber":"331","sectionType":"section","heading":"Mortar requirements—outdoor displays","content":"331 Mortar requirements—outdoor displays\n(1) If a mortar is used for firing aerial shells—\n(a) the mortar must be suitable for the purpose; and\n(b) the mortar must be effectively stabilised to prevent adjacent\nmortars from being realigned during firing or because of any\nshell malfunctioning; and\n(c) if the shells are greater than 150mm in diameter—\n(i) the mortar must, if practicable, be buried to at least 2/3 of\nits length either in the ground, or in a container of sand; or\n\n(ii) if it is not practicable to do so—any part of the mortar\nabove ground must be surrounded with bags of sand to a\nwidth of at least 0.5m in all directions; and\n(d) the mortar must otherwise be used in accordance with the\nrequirements of AS 2187.4.\nNote See AS 2187.4, s 4.4.2.\n(2) A mortar must not be reloaded during the conduct of a fireworks\ndisplay.\n(3) A metal mortar must not be used for firing fireworks.\n","sortOrder":303},{"sectionNumber":"332","sectionType":"section","heading":"Supporting structures—outdoor displays","content":"332 Supporting structures—outdoor displays\nGround display fireworks and any supporting structures must be\nsecurely placed and firmly braced so that they will not fall over when\nthe fireworks are fired.\n","sortOrder":304},{"sectionNumber":"333","sectionType":"section","heading":"Prevention of cross ignition—outdoor displays","content":"333 Prevention of cross ignition—outdoor displays\nMortars and ground display fireworks must be protected or positioned\nto prevent fallout or burning particles igniting adjacent fireworks.\n","sortOrder":305},{"sectionNumber":"333A","sectionType":"section","heading":"Exemption—outdoor displays—Act, s 217 (1) (b)","content":"333A Exemption—outdoor displays—Act, s 217 (1) (b)\n(1) The work health and safety commissioner may, in writing, exempt a\npermit-holder from the following in relation to the conduct of a stated\noutdoor fireworks display:\n(a) the requirement to comply with the minimum separation\ndistance that applies for section 327 (1) (b) (i) and (iii) for the\nfireworks;\n(b) the requirement to comply with the defined minimum separation\ndistance that applies for section 329 (4) (b) (i) and (iii) for the\n\nMiscellaneous Division 3.4.8\n(2) However, the work health and safety commissioner may grant an\nexemption only if satisfied that the permit-holder has—\n(a) conducted a risk assessment identifying hazards and risks\narising because of the exemption; and\n(b) as far as reasonably practical, implemented control measures to\neliminate the hazards or minimise the risks (if any).\nNote An exemption may be conditional (see Act, s 217 (2)).\ndefined minimum separation distance—see section 329 (6).\n","sortOrder":306},{"sectionNumber":"334","sectionType":"section","heading":"Use of theatrical fireworks","content":"334 Use of theatrical fireworks\n(1) The only kind of fireworks that may be used for theatrical or similar\npurposes are theatrical fireworks.\n(2) A theatrical firework may only be used for theatrical or similar\npurposes.\n(3) A theatrical firework must not be used unless it is—\n(a) manufactured in accordance with the Act (including this\nregulation); and\n(b) used in accordance with the manufacturer’s instructions.\n(4) A person who uses a theatrical firework must ensure that spectators\nremain at a safe distance.\ntheatrical firework, for a fireworks display under a fireworks display\npermit, means—\n(a) loose poured flash powder; or\n\n(b) a firework that is—\n(i) fitted with, or adapted to, the use of an electrical ignition\ndevice; and\n(ii) designed to be safe for indoor use for theatrical purposes;\nor\n(c) another firework that has been adapted for theatrical use, if the\npermit authorises the use of the firework for the display.\n","sortOrder":307},{"sectionNumber":"335","sectionType":"section","heading":"Use of flash powder for fireworks displays","content":"335 Use of flash powder for fireworks displays\n(1) Flash powder used for a fireworks display must not—\n(a) be mixed with any other substance; or\n(b) be used in a flash pot that has an opening the greatest width of\nwhich is less than 5 times the depth of the pot; or\n(c) be subject to vibration; or\n(d) be initiated by anything other than an electrical firing system.\n(2) A flash pot for the firing of flash powder for the display must not—\n(a) if the powder is used indoors—be placed near any entrance, exit\nor escape route from the premises where the display is to be\nconducted; or\n(b) be placed within 3m of—\n(i) any flammable materials; and\n(ii) anyone who is, or who may reasonably be expected to be,\npresent in the vicinity of the display; or\n(c) otherwise be placed in a way that would—\n(i) ignite any flammable materials; or\n(ii) otherwise present a risk to anyone’s health or safety, or risk\ndamaging property.\n\nMiscellaneous Division 3.4.8\n(3) A person using flash powder—\n(a) must, immediately before the powder is to be initiated, maintain\na clear view of the area where the flash powder is to be used;\nand\n(b) must not initiate the flash powder unless, having regard to all the\ncircumstances, it is safe to do so.\n","sortOrder":308},{"sectionNumber":"336","sectionType":"section","heading":"Use of Chinese firecrackers","content":"336 Use of Chinese firecrackers\n(1) Chinese firecrackers must not be fired indoors.\n(2) If long-string Chinese firecrackers are fired—\n(a) anyone not involved in firing the firecrackers must be kept back\nat least 5m in every direction from the firing point by the use of\neffective barriers; and\n(b) any unauthorised people must be prevented from entering the\ndisplay site while the firecrackers are fired; and\n(c) the firecrackers must be securely attached to a support that\nsuspends the entire string above the ground, and that will not fall\nover while the firecrackers are fired.\n(3) The separation distance mentioned in subsection (2) (a) is 50m if—\n(a) 2 long-string Chinese firecrackers are ignited so that they are\nburning simultaneously; and\n(b) the strings are within 5m of each other.\n\nlong-string Chinese firecrackers means a string of Chinese\nfirecrackers longer than 50cm.\nNote Chinese firecrackers are strings of crackers (see dict, def Chinese\nfirecrackers).\n\nSection 2.1\n(see s 57 (2) (d) and (3))\nNote This schedule sets out requirements for safety management systems for\nthe manufacture of explosives. Other requirements in relation to safety\nmanagement systems are set out in s 57.\n2.1 Elements of the safety management system\n(1) The safety management system must consist of the following:\n(a) procedures for ongoing hazard identification and risk\nassessment and control;\n(b) procedures to deal with the implementation of the safety\nmanagement system;\n(c) procedures for the provision of information, education and\ntraining to workers, contractors and visitors;\n(d) procedures for incident reporting and investigation;\n(e) an emergency response plan and procedures to monitor\npreparedness for emergencies;\n(f) procedures for collecting and maintaining records, activities and\nstatistics about the safety management system;\n(g) schedules for the maintenance of plant and equipment and\nprovision to ensure the maintenance happens;\n(h) procedures to identify and respond to changes affecting the\nsafety management system;\n(i) procedures that workers and contractors are required to follow\nin relation to—\n(i) establishing and implementing the safety management\nsystem; and\n\nSection 2.2\n(ii) reviewing any procedures for hazard identification and risk\nassessment control.\n(2) The safety management system must provide for safety consultation\nwith—\n(a) workers within the workplace; and\n(b) contractors’ agents who enter the workplace.\n(3) In developing or reviewing procedures for the safety management\nsystem, the licensee must, if practicable, consult a health and safety\nrepresentative under the Work Health and Safety Act 2011 for the\nworkers affected by the system.\n(4) The plans for emergency response and preparedness required under\nsubsection (1) (e) must be developed in conjunction with the\nemergency services commissioner.\n2.2 Safety policy and safety objectives\nThe safety management system must include a description of how the\nmanufacturer’s safety policy and specific safety objectives are to be\ncommunicated to everyone who is to take part in the implementation\nof the safety management system.\n2.3 Organisational structure and personnel\nThe safety management system must—\n(a) identify (according to position, description and location) the\npeople who are to take part in the implementation of the safety\nmanagement system; and\n(b) describe the command structure in which they work and the\nspecific tasks and responsibilities allocated to them.\n\nSection 2.4\n2.4 Operational controls\nThe following matters must be dealt with by a safety management\nsystem:\n(a) supervision of visitors and contractors in explosives areas;\n(b) maintenance of buildings, plant and equipment, including\ndecontamination;\n(c) restrictions on smoking, alcohol and other similar factors;\n(d) control of chemicals where explosives are manufactured,\nincluding segregation of incompatible materials;\n(e) selection, maintenance and use of personal protective\nequipment;\n(f) lockout and tag-out, confined space entry and hot-work permits;\n(g) disposal of waste explosives and ingredients, including burning\nground procedures;\n(h) modification of process equipment, formulations, materials,\npackaging or procedures;\n(i) testing of trips, alarms and other protection systems;\n(j) sampling and product testing;\n(k) an emergency response plan, including an evacuation plan,\nappropriate firefighting controls and consequence minimisation\nsteps (including control of spills and an appropriate off-site\nresponse);\n(l) carrying, storage, security and use of explosives;\n(m) materials handling;\n(n) receipt of explosives and ingredients where the explosives are to\nbe manufactured;\n(o) explosives and personnel limits in buildings or locations;\n\nSection 2.5\n(p) adverse weather conditions (including lightning);\n(q) restrictions on sources of ignition;\n(r) training and competency evaluation of workers and contractors;\n(s) explosives manufacture, including operation of plant and\nequipment, particularly pumps, for explosives;\n(t) explosives operation or activities with particular emphasis on\nhazards, housekeeping and accident prevention;\n(u) incident and accident reporting and response;\n(v) nonconforming raw materials and products;\n(w) maintenance of records;\n(x) safety meetings;\n(y) complaints and response;\n(z) self-auditing of systems and procedures.\n2.5 Management of change\nThe safety management system must include procedures for planning\nmodifications to the factory (if applicable).\n2.6 Performance monitoring\nPerformance standards included in a safety management system\n(a) relate to all aspects of the safety management system; and\n(b) be sufficiently detailed to ensure that the ability of the\nmanufacturer to ensure the effectiveness of all aspects of the\nsafety management system is apparent from the documentation;\nand\n(c) be measurable; and\n\nSection 2.7\n(d) include the following:\n(i) a requirement to report the failure of any control measure,\nwhether or not the failure results in a major incident;\n(ii) the system for reporting a failure;\n(iii) other corrective action to be taken if a failure happens;\n(iv) steps to be taken to continually improve all aspects of the\nsafety management system, including by testing the\neffectiveness of control measures.\n2.7 Audit\nThe safety management system must provide for the audit of\nperformance against the performance standards, including the\nmethodologies, frequency and results of the audit process.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• AS (see s 164 (1))\n• chief officer (fire and rescue service)\n• chief officer (rural fire service)\n• Commonwealth\n• emergency services commissioner\n• fire and rescue service\n• foreign country\n• found guilty\n• function\n• home address\n• instrument (see s 14)\n• penalty unit (see s 133)\n• police officer\n• public holiday\n• State.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Dangerous Substances Act 2004 (see Legislation Act, s 148.) For\nexample, the following terms are defined in the Dangerous Substances\nAct 2004, dict (or as indicated):\n• ADG Code\n• Australian Explosives Code\n• carry\n• correctly (s 14)\n• dangerous substance (s 10; see also this reg, s 8)\n• decision-maker (s 187)\n• dispose (see also this reg, s 230)\n• handle (s 11)\n• hazard (s 15)\n\n• import\n• inspector\n• licence\n• manufacture (see also this reg, s 46 (1))\n• non-commercial (s 12)\n• person in control (s 17)\n• plant\n• premises\n• prohibited dangerous substance (s 73)\n• reasonable steps (s 16)\n• reviewable decision (s 186)\n• risk (s 15)\n• safety management system (s 19)\n• supply\n• system\n• trade or commerce\n• vehicle\n• work health and safety commissioner.\nadverse security assessment—see section 22A (Security definitions).\naerial shell means a firework that is—\n(a) usually a spherical or cylindrical shell that contains stars or other\neffects; and\n(b) designed—\n(i) to be projected from a mortar by a lift charge; and\n(ii) to burst high in the air.\nNote An aerial shell that is designed to produce a loud report is a salute shell\n(see def).\naerial spinner—see helicopter.\n\namorce means a firework that—\n(a) is a percussion cap; and\n(b) has an envelope of paper or other material containing a dot of\nimpact-sensitive pyrotechnic substance; and\n(c) may form part of a roll; and\n(d) is designed for use in toys.\nANFO means an explosive mixture of ammonium nitrate and fuel oil\nwith or without a dye colouring agent.\napplication, for a licence authorising the handling of explosives—see\nsection 19.\nAssessing Fitness to Drive means Assessing Fitness to Drive: for\nCommercial and Private Vehicle Drivers, 3rd Edition, published by\nAustroads Inc., 2003, as in force on 15 September 2004.\nNote Assessing Fitness to Drive does not need to be notified under the\nLegislation Act because s 47 (5) does not apply (see s 5 and Legislation\nAct, s 47 (7)). Assessing Fitness to Drive is accessible at\nwww.austroads.com.au.\nAS 2187.0 means Australian Standard 2187.0 Explosives—Storage,\ntransport and use—Terminology as in force on 15 September 2004.\nNote AS 2187.0 does not need to be notified under the Legislation Act because\nAS 2187.1 means Australian Standard 2187.1 Explosives—Storage,\ntransport and use—Storage as in force on 15 September 2004.\nNote AS 2187.1 does not need to be notified under the Legislation Act because\n\nAS 2187.2 means Australian Standard 2187.2 Explosives—Storage,\ntransport and use—Use of explosives as in force on\nNote AS 2187.2 does not need to be notified under the Legislation Act because\nAS 2187.4 means Australian Standard 2187.4 Explosives—Storage,\ntransport and use—Pyrotechnics—Outdoor displays as in force on\nNote AS 2187.4 does not need to be notified under the Legislation Act because\nauthorisation number, of an authorised explosive, means the unique\nauthorisation number assigned to the explosive when it is registered\nunder section 34.\nauthorised explosive—see section 26.\nblack powder means an explosive with a UN number of 0027 or 0028.\nNote Black powder is a kind of gunpowder. It consists generally of potassium\nnitrate (or sodium nitrate), charcoal and sulphur, and under normal\ncircumstances deflagrates rather than detonates (see AS 2187.0, def black\npowder).\nblast hole means a hole made for placing in position explosives that\nare to be fired.\nNote Blast holes are also known as drill holes.\nblasting and fireworks storage, of an explosive mentioned in\ntable 123—see section 123.\nblasting permit—see section 179.\nblast plan, for division 2.9.4 (Blasting permits)—see section 189.\n\nbulling means a procedure intended to enlarge a section of a blast\nhole to accommodate extra explosive.\nNote Bulling is usually used to enlarge the bottom of the hole. This procedure\nis also known as chambering and springing.\nbutt means a part of a blast hole left after blasting.\ncapped fuse means a length of safety fuse with a detonator crimped\nat only 1 end.\ncarrying licence—see section 99.\ncartridge means a preformed unit of high explosive enclosed in\nmaterial (for example, paper or plastic) of a predecided diameter and\nlength.\ncentral mixing point, for an explosive mixture—see section 46.\nChinese firecrackers means strings of crackers designed so the\nindividual crackers ignite sequentially.\nclassification code, of an explosive—see section 12.\nclose associate, of a person—see the Act, section 48.\ncollective hazard division, of explosives stored or carried together—\nsee section 16.\ncombustible material—see section 122.\ncompatibility group, of an explosive—see section 11.\ncontrolled firework—see section 260.\ncracker means a firework that is—\n(a) a tube of rolled paper, or other material containing an explosive\nsubstance; and\n(b) fitted with a wick or another method of ignition; and\n(c) designed to explode with a sharp report.\nNote Chinese firecrackers are defined as strings of crackers.\n\ncut-off means a form of misfire in which some explosive is left\nundetonated after an adjacent explosion.\n1 separation of charge by ground movement\n2 severance of the initiating line\ndangerous substance, for the Act (including this regulation)—see\nsection 8.\ndefective explosive, or package of explosives, includes an explosive\nor package that—\n(a) is in a state of deterioration; or\n(b) is damaged; or\n(c) is leaking; or\n(d) is exuding liquid; or\n(e) no longer complies with the description or other information for\nthe explosive as registered under section 34.\ndetonating cord means a flexible cord with a solid core of high\ndetonator means a capsule or case containing an explosive of high\nsensitivity used for initiating other explosives.\nNote A detonator is also known as a blasting cap or a cap.\n\ndiameter, for an aerial shell (including a salute shell) that is not\nspherical, means—\n(a) if the shell is cylindrical—the longer of the following:\n(i) the length of the cylinder;\n(ii) the diameter of the end of the cylinder; or\n(b) in any other case (for example, if the shell is ovoid)—the longest\ndimension of the shell.\ndirect supervision—a person undertakes direct supervision of an\nactivity being conducted by someone else if—\n(a) the person is present where the activity is conducted; and\n(b) the person is in a position to personally intervene to prevent a\ncontravention of the Act.\ndisplay operator licence—see section 299.\ndisplay site—see section 299.\ndispose, of an explosive, for part 2.10 (Disposal of explosives)—see\nsection 250.\ndistress signal means an article containing a pyrotechnic substance\nintended for signalling, warning, rescue or similar purposes, and\nincludes the following:\n(a) marine flares and signals;\n(b) landing flares;\n(c) highway fusees;\n(d) line-carrying, anti-hail, cloud and avalanche rockets;\n(e) smoke generators.\ndrive, a vehicle that is a trailer—see section 99.\n\ndriver licence means a written authority (however described) to drive\na motor vehicle issued under the law of the Territory, the\nCommonwealth, a State, another Territory or a foreign country.\neffective barrier—see section 299.\nelectrical firing means—\n(a) firing by exploder; or\n(b) mains firing.\nemergency plan, for inclusion in a safety management system in\nrelation to the handling of an explosive under a licence, means a plan\nto manage emergencies that may reasonably be expected to affect the\nhandling of explosives authorised by the licence.\nensure—see section 20.\nexempt carrier—see section 100.\nexempt storage, of an explosive mentioned in table 124—see\nsection 124.\nexploder means a self-contained portable device designed to produce\nelectric current for firing charges.\nexplosive—\n(a) for the Act (including this regulation)—see section 7; and\n(b) for part 2.4 (Manufacturing explosives)—see section 47.\nexplosive mixture—see section 46.\nexplosive mixture controller, for division 2.4.5 (Central mixing\npoints)—see section 64.\nexplosives driving licence—see section 99.\nfactory—see section 46.\nfilling or capping—see section 46.\n\nfirefighter means—\n(a) the chief officer (fire and rescue service); or\n(b) any other member of the fire and rescue service; or\n(c) the chief officer (rural fire service); or\n(d) any other member of the rural fire service; or\n(e) a member of an interstate or overseas emergency service (within\nthe meaning of the Emergencies Act 2004) assisting at or\nimmediately after a fire in the ACT.\nfirework means an article that—\n(a) contains a pyrotechnic substance; and\n(b) may contain 1 or more other explosive substances; and\n(c) burns or explodes (or both) to produce a visual or aural effect\n(or both).\nfireworks display—see section 299.\nfireworks display permit—see section 299.\nflash powder—\n(a) means a pyrotechnic substance or part of a pyrotechnic\nsubstance that has the potential to produce a flash of light\n(whether or not with a loud sound, smoke or sparks); and\n(b) includes photoflash powder; but\n(c) does not include black powder.\nflier—see helicopter.\nfountain means a firework that—\n(a) has 1 or more cases or tubes containing pressed or consolidated\npyrotechnic substance; and\n(b) is designed, on ignition, to produce a shower of coloured sparks\nor smoke.\n\nfuse lighter means a pyrotechnic article that burns with a very hot\njetting flame, and is used to ensure ready ignition of safety fuses.\nNote A fuse lighter is also known as a fuse igniter.\ngeneral use firework—see section 259.\nglow worm—see snake.\nground display fireworks—see section 299.\nground spinner means a firework designed, on ignition, to produce a\nshower of sparks while spinning on the ground.\nhazard division, of an explosive—see section 10.\nhelicopter means a firework consisting of a tube containing a\npyrotechnic substance—\n(a) with a propeller or blade attached; and\n(b) that is designed, on ignition, to spin rapidly and rise into the air,\nand to produce a visual effect at or near the height of its flight.\nNote Helicopters are also known as fliers and aerial spinners.\nidentification papers, for a person, means a document, or a number\nof documents taken together, that—\n(a) show the person’s age; and\n(b) show a home address for the person; and\n(c) contain a photograph that could reasonably be taken to be of the\nperson.\nExample—identification papers\na proof of identity card issued under the Liquor Act 2010, s 210, together with a\nbank statement showing the cardholder’s home address\nigniter cord means a thin cord that—\n(a) burns with an external flame faster than a safety fuse; and\n\n(b) is used to ignite a number of fuses in sequence.\nNote Igniter cord is also known as igniter fuse.\nimport licence—see section 89.\ninterstate explosives carrying authority, in relation to an explosive\ncarried by road or rail—see section 99.\ninterstate explosives driving authority, in relation to an explosive\ncarried by road—see section 99.\nissue, of a licence giving the licensee a particular kind of handling\nauthority—see section 19.\nlicence details, of a person who handles or is to handle an explosive,\nmeans details of a licence authorising the person to handle the\nlicensable storage, of an explosive—see section 122.\nlicensed premises, for division 2.7.4 (Special portable magazine\nstorage)—see section 156.\nlicensed storage place—see section 122.\nmagazine—see section 122.\nmagazine area—see section 132.\nmains firing means the firing of charges from power cables\nconnected to a source of electricity other than an exploder.\nmanufacture, of explosives—see section 46.\nmanufacturing licence—see section 46.\nmine means a single tube firework that—\n(a) is fixed to a solid base; and\n(b) projects ignited stars or other effects into the air.\nmisfire—see section 236.\nmobile manufacturing unit, for explosives—see section 46.\n\nmodel rocket means a rocket that—\n(a) is propelled by a motor; and\n(b) contains a device for returning it to ground in a condition to fly\nagain; and\n(c) is made of paper, wood or breakable plastic, but contains no\nsubstantial metal parts; and\n(d) is mainly designed to be used for the purposes of education,\nrecreation and sporting competition.\nmodel rocket motor means a commercially manufactured device that\nis designed to be used for the propulsion of model rockets.\nmodification, of a factory or safety management system—see\nsection 46 (1) (Manufacturing definitions).\nmortar means a tube that is—\n(a) made of material other than steel (for example plastic, cardboard\nor filament wound fibreglass composite); and\n(b) closed at 1 end; and\n(c) designed to be used for firing aerial shells and certain kinds of\nmines.\nmultishot cake means a firework with 2 or more tubes—\n(a) on a common base in a common package or bundle, that are\nfused together; and\n(b) that are designed, on ignition of a single external fuse, to fire\nsequentially in a predecided series.\nNote Multishot cakes are also known as multishot box items and\ncombinations.\nNEQ means the mass of explosive substance contained in an\nNote NEQ stands for ‘net explosive quantity’.\n\nnovelty means a firework designed to resemble a toy or small animal\nthat produces a visual effect close to the article.\na firework designed to resemble a toy tank, with wheels\nparty popper means a firework that—\n(a) is designed to be held in the hand during use and operated by a\npull-string; and\n(b) has an abrasive surface in sliding contact with a friction-\nsensitive pyrotechnic substance; and\n(c) is designed to produce a report while streamers or confetti (or\nboth) are ejected.\npercussion cap means a primer for a safety cartridge.\npoint of application or use, of an explosive—see section 46.\nportable magazine—see section 122.\nprimer means the cartridge, or that part of a charge, carrying a\ndetonator or coupled to a detonating cord, by which the remainder of\nthe charge is detonated.\nprocess building means a building used for the manufacture or\nstorage of explosives, other than for immediate use, in which—\n(a) an explosive is manufactured; or\n(b) an ingredient of explosive is used in a manufacturing process.\nprohibited firework—see section 261.\npropellant means a deflagrating explosive used for propulsion.\nprotected works—see AS 2187.0.\npyrotechnic substance means a substance or mixture of substances\ndesigned to produce an effect by heat, light, sound, gas or smoke, or\na combination of these, as the result of a non-detonative\nself-sustaining exothermic chemical reaction.\n\nqualified security assessment—see section 22A (Security\ndefinitions).\nregister means the register of authorised explosives kept under\nsection 34.\nroad—see the Road Transport (Safety and Traffic Management) Act\n1999, dictionary.\nsafety cartridge means ammunition for small arms with UN number\nUN0012.\nsafety data sheet, for an explosive, means a document including the\nfollowing information about the explosive and safety measures for\ndealing with it:\n(a) identification;\n(b) composition and information on ingredients;\n(c) hazards identification;\n(d) first-aid measures;\n(e) firefighting measures;\n(f) spillage and accidental release measures;\n(g) handling and storage measures;\n(h) exposure controls and personal protection;\n(i) physical and chemical properties;\n(j) stability and reactivity;\n(k) toxicological information;\n(l) ecological information;\n(m) disposal information;\n(n) information about carrying the explosive;\n(o) references to relevant laws and standards;\n\n(p) any other information relevant to the safe handling of the\nsafety fuse means a fuse for blasting—\n(a) that is designed to burn at a rate of between 90 and 120 seconds\nper metre; and\n(b) that does not explode; and\n(c) the burning of which is not communicated laterally to itself or\nsimilar fuses; and\n(d) that is used to initiate plain detonators and gunpowder.\nsalute shell means an aerial shell designed to produce a loud report.\nNote See def aerial shell.\nsecurity cleared responsible person—see section 22A (Security\ndefinitions).\nsecurity plan, for a licence—see section 22A (Security definitions).\nsecurity risk assessment—see section 22A (Security definitions).\nshot-firer—see section 179.\nshot-firer licence—see section 179.\nsignal tube means a small-bore flexible plastic tube, coated internally\nwith an explosive powder, that can transmit a shock wave along the\nlength of the tube.\nsnake means a firework that is—\n(a) a small pressed pellet of pyrotechnic substance; and\n(b) less than 25 mm in diameter; and\n(c) designed, on being placed on the ground and ignited, to produce\nan expanding snake-like ash.\nNote Snakes are also known as glow worms.\n\nsnap, for a bonbon, means a firework that—\n(a) has 2 overlapping strips of card, paper or other material, with a\nfriction-sensitive explosive substance in sliding contact with an\nabrasive surface; and\n(b) is designed to produce a report when the strips are pulled apart.\nsparkler means a firework that—\n(a) has a rigid wire or stick partially coated with a slow-burning\npyrotechnic substance; and\n(b) is designed to emit sparks with no report.\nspecial portable magazine storage—see section 157.\nstar means a firework that is—\n(a) a pressed or consolidated pellet of pyrotechnic substance; and\n(b) designed, on ignition, to be fired into the air and to produce a\ndisplay of colour and light; and\n(c) not designed to produce a report.\nstem means to place sand or other inert material in a blast hole, either\nabove explosives, or between decks of explosives, so that the effect\nof the explosives is maximised.\nstorage licence—see section 122.\nsupply licence—see section 165.\ntamping means consolidating stemming material, or pressing\nexplosive cartridge, in a drill hole.\nUN number, of an explosive, means the number listed for the\nexplosive in the Australian Explosives Code, appendix 2.\nunstable explosive article or substance—see section 9.\nunsupervised access—see section 22A (Security definitions).\n\nUN Test Manual means the Recommendations on the transport of\ndangerous goods: Manual of tests and criteria, 3rd revised edition,\nISBN 92-1-139368-0, 1999, published by the United Nations, as in\nforce on 15 September 2004.\nNote The UN Test Manual does not need to be notified under the Legislation\nAct because s 47 (5) does not apply (see s 5 and Legislation Act,\ns 47 (7)). The UN Test Manual is accessible at www.unece.org.\nvehicle—see the Road Transport (General) Act 1999, dictionary.\nvulnerable facility—see AS 2187.0.\nwheel means a firework that—\n(a) has 1 or more drivers; and\n(b) is designed, on ignition, to rotate around a fixed point and\nproduce a shower of coloured sparks.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis regulation was originally the Dangerous Substances (Explosives)\nRegulations 2004. It was renamed under the Legislation Act 2001.\nDangerous Substances (Explosives) Regulation 2004 SL2004-10\nnotified LR 2 April 2004\ns 1, s 2 commenced 2 April 2004 (LA s 75 (1))\nremainder commenced 5 April 2004 (s 2)\nas amended by\nEmergencies Act 2004 A2004-28 pt 3.8\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 3.8 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nDangerous Substances (General) Regulation 2004 SL2004-56 pt 6.5\nnotified LR 14 December 2004\ns 1, s 2 commenced 14 December 2004 (LA s 75 (1))\ns 607, s 679, s 682 commenced 15 December 2004 (s 2 (1))\ns 613, s 618, s 620, s 621, s 625, s 633, s 638, s 639, ss 643-646,\ns 652, ss 663-665, s 667, s 677, s 678, s 681 commenced\n30 June 2005 (s 2 (3))\nremainder pt 6.5 commenced 31 March 2005 (s 2 (2))\nDangerous Substances (Explosives) Amendment Regulation 2005\n(No 1) SL2005-28\nnotified LR 20 October 2005\ns 1, s 2 commenced 20 October 2005 (LA s 75 (1))\nremainder commenced 21 October 2005 (s 2)\nDangerous Substances (Explosives) Amendment Regulation 2007\n(No 1) SL2007-6\nnotified LR 23 April 2007\ns 1, s 2 commenced 23 April 2007 (LA s 75 (1))\nremainder commenced 24 April 2007 (s 2)\nDangerous Substances (Explosives) Amendment Regulation 2008\n(No 1) SL2008-21\nnotified LR 13 May 2008\ns 1, s 2 commenced 13 May 2008 (LA s 75 (1))\nremainder commenced 14 May 2008 (s 2)\n\nLegislation history 3\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.28\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.28 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nDangerous Substances (Explosives) Amendment Regulation 2008\n(No 2) SL2008-54\nnotified LR 22 December 2008\ns 1, s 2 commenced 22 December 2008 (LA s 75 (1))\nremainder commenced 23 December 2008 (s 2)\nDangerous Substances (Explosives) Amendment Regulation 2009\n(No 1) SL2009-26\nnotified LR 2 June 2009\ns 1, s 2 commenced 2 June 2009 (LA s 75 (1))\nremainder commenced 3 June 2009 (s 2)\nDangerous Substances (Explosives) Amendment Regulation 2009\n(No 2) SL2009-43\nnotified LR 26 August 2009\ns 1, s 2 commenced 26 August 2009 (LA s 75 (1))\nremainder commenced 27 August 2009 (s 2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.22\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.22 commenced 22 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.6\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.6 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51 s 2 (1) (b) and CN2009-11)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.18\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.18 commenced 17 December 2009 (s 2)\n\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.6\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.51\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.51 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.7\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.7 commenced 21 September 2011 (s 2 (1))\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011 55 sch 1 pt 1.7\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.12\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\namdts 3.48-3.51 commenced 5 June 2012 (s 2 (2))\nsch 3 pt 3.12 remainder commenced 5 June 2012 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.17\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.17 commenced 14 October 2015 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.3\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 29 August 2016 (s 2 and LA s 79)\n\nLegislation history 3\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.5\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.5 commenced 21 June 2016 (s 2)\nWork Health and Safety Legislation Amendment Act 2018 A2018-8\nsch 1 pt 1.2\nnotified LR 5 March 2018\ns 1, s 2 commenced 5 March 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 March 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.12\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.12 commenced 22 November 2018 (s 2 (1))\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.3\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.3 commenced 30 April 2020 (s 2 (1) and LA s 79)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.9\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.9 commenced 23 June 2021 (s 2 (1))\nEmergencies Amendment Act 2021 A2021-30 sch 1 pt 1.1\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\nsch 1 pt 1.1 commenced 11 December 2021 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.54\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.54 commenced 16 December 2025 (s 2 (6))\n\nName of regulation\ns 1 am R3 LA\nCommencement\ns 2 om LA s 89 (4)\nDisapplication of Legislation Act, s 47 (5)\ns 5 am SL2004-56 s 608, s 609, s 611; pars renum R5 LA (see\nSL2004-56 s 610)\nsub A2018-8 amdt 1.2\nMeaning of explosive—Act, s 73\ns 7 am SL2009-26 s 4; A2012-21 amdt 3.40; A2025-29 amdt 4.54\nMeaning of dangerous substance—Act, s 10 (1) (h)\ns 8 am SL2009-26 s 5\nDefault classification of explosives\ns 14 am A2012-21 amdt 3.41; A2025-29 amdt 4.54\nCollective hazard divisions—explosives stored or carried together\ns 16 am A2018-42 amdt 3.41\nMeaning of ensure\ns 20 sub SL2004-56 s 612\nReports to chief officer (fire and rescue service) and chief officer (rural fire\nservice)\ns 22 hdg am A2012-21 amdt 3.51; A2016-33 amdt 1.14\ns 22 sub A2004-28 amdt 3.16\nam A2012-21 amdt 3.51; A2016-33 amdt 1.14; A2021-30\namdt 1.1\nSecurity definitions\ns 22A ins SL2004-56 s 613\ndef adverse security assessment ins SL2004-56 s 613\ndef close associate ins SL2004-56 s 613\ndef qualified security assessment ins SL2004-56 s 613\ndef security cleared responsible person ins SL2004-56\ns 613\ndef security plan ins SL2004-56 s 613\ndef security risk assessment ins SL2004-56 s 613\ndef unsupervised access ins SL2004-56 s 613\nExplosives incidents—reporting damage or injury\ns 24 am A2004-28 amdt 3.17; A2011-22 amdt 1.160; A2012-21\namdt 3.51; A2016-33 amdt 1.14; A2019-38 amdt 1.5\n\nLoss or theft of explosives—reporting\ns 25 am SL2004-56 s 614, s 615; ss renum R5 LA (see SL2004-56\ns 616); SL2009-43 s 4; A2011-22 amdt 1.160; A2019-38\nAuthorised explosives—Act, s 73\ns 26 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nProhibited explosives—Act, s 73\ns 27 am A2012-21 amdt 3.42; A2025-29 amdt 4.54\nMeaning of Queen’s birthday supply\ns 28 am SL2008-21 s 4\nom SL2009-43 s 5\nAuthorisation—Ministerial declarations\ns 29 am A2011-22 amdt 1.160; A2019-38 amdt 1.5; A2025-29\nMinisterial declarations—authorised explosives\ndiv 2.2.2 hdg sub SL2009-26 s 6\nWork health and safety commissioner declarations—authorised explosives\ndiv 2.2.3 hdg sub SL2009-26 s 7\nAuthorisation requests\ns 30 am A2011-22 amdt 1.160; A2019-38 amdt 1.5; A2025-29\nAuthorisation—work health and safety commissioner declarations\ns 31 hdg am A2011-22 amdt 1.160; A2019-38 amdt 1.5\ns 31 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nAuthorisation decision-making\ns 32 am SL2004-56 s 617; A2011-22 amdt 1.160; A2019-38\namdt 1.5; A2025-29 amdt 4.54\nDecision to refuse to authorise—ACAT review\ns 33 sub A2008-37 amdt 1.110\nRegister of authorised explosives\ns 34 am SL2009-43 s 6, s 7; pars renum R15 LA; A2011-22\namdt 1.160; A2019-38 amdt 1.5\nEnd of authorisation\ns 35 am A2008-37 amdt 1.111; A2011-22 amdt 1.160;\nDisposal of explosives after authorisation revoked\ns 36 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\n\nRegistration of consumer fireworks for Queen’s birthday supply\ndiv 2.2.4 hdg sub SL2009-26 s 8\nQueen’s birthday supply registration requests\ns 37 om SL2009-43 s 8\nQueen’s birthday supply registration\ns 38 om SL2009-43 s 8\nQueen’s birthday supply registration—decision-making\ns 39 am A2008-37 amdt 1.112\nEnd of registration for Queen’s birthday supply\ns 40 am SL2008-21 s 5\nGeneral licence requirements\npt 2.2A hdg ins SL2004-56 s 618\nSuitable person to hold licence—Act, s 49 (1) (i)\ns 40A ins SL2004-56 s 618\nCorrect packing, labelling and placarding—Act, s 14\ns 43 am SL2009-43 s 9; pars renum R15 LA\nExceptions—labelling and placarding\ns 45 am SL2004-56 s 619\nManufacturing licence applications for Act, s 50 (2)—general\ns 51 sub SL2004-56 s 620\nManufacturing licence applications—security plans\ns 51A ins SL2004-56 s 620\nManufacturing licence conditions—Act, s 53 (2) (b)\ns 55 sub SL2004-56 s 621\n(2), (3) exp 5 April 2006 (s 55 (3))\nManufacturing licences—review of security plans\ns 55A ins SL2004-56 s 621\nManufacture records\ns 56 sub SL2004-56 s 621; ss renum R24 LA\nInformation about safety management systems\ns 58 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nFactory manufacture—notice to fire authorities\ns 60 am A2004-28 amdt 3.18; A2012-21 amdt 3.51; A2016-33\n\nFactory modifications\ns 62 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nExplosives for which no import licence required\ns 91 am SL2004-56 s 622; A2012-21 amdt 3.43; A2025-29\nImport licence applications—Act, s 50 (2)\ns 94 am SL2004-56 s 623; pars renum R5 LA (see SL2004-56\ns 624)\nImport licence conditions—Act, s 53 (2) (b)\ns 95 sub SL2004-56 s 625\n(2), (3) exp 5 April 2006 (s 95 (3))\nNotice of import\ns 96 am SL2004-56 s 626; A2011-22 amdt 1.160;\nApplication of pt 2.6\ns 98 am SL2004-56 s 627\n(3), (4) exp 5 April 2005 (s 98 (4))\nAuthority to carry explosives by road\ns 100 am SL2004-56 s 628, s 629; SL2009-43 s 10\nAuthority to carry explosives by rail\ns 101 hdg sub SL2004-56 s 630\ns 101 am SL2004-56 s 631, s 632\nCarrying licence applications—Act, s 50 (2)\ns 105 sub SL2004-56 s 633\nCarrying licence applications—security plans\ns 105A ins SL2004-56 s 633\nCarrying licence conditions—Act, s 53 (2) (b)\ns 106 sub SL2004-56 s 633\nCarrying licences—review of security plans\ns 106A ins SL2004-56 s 633\nAuthority for driving vehicle carrying explosives\ns 107 am SL2004-56 s 634, s 635\nExplosives driving licence applications—Act, s 50 (2)\ns 111 am SL2004-56 s 636; pars renum R5 LA (see SL2004-56\ns 637); A2011-22 amdt 1.160; A2019-38 amdt 1.5\n\nSuitable people to hold explosives driving licences—Act, s 49 (1) (i)\ns 112 am SL2004-56 s 638, s 639; A2011-22 amdt 1.160;\nA2018-8 amdt 1.3; A2019-38 amdt 1.5\nProduction of driving authority on request\ns 114 am SL2004-56 s 640\nRoute and time restrictions\ns 117 am SL2004-56 s 641; A2011-22 amdt 1.160; A2012-21\namdt 3.44; A2019-38 amdt 1.5; A2025-29 amdt 4.54\nMeaning of blasting and fireworks storage\ns 123 am SL2008-21 s 6\ntable 123 am SL2009-43 s 11; items renum R15 LA\nMeaning of exempt storage\ns 124 am SL2005-28 s 4\nAuthority to store explosives\ns 125 am SL2004-56 s 642; SL2009-43 s 12\nStorage licence applications—Act, s 50 (2)\ns 128 am SL2004-56 s 643, s 644; pars renum R7 LA (see\nSL2004-56 s 645)\nStorage licence applications—security plans\ns 128A ins SL2004-56 s 646\nStorage licence conditions—Act, s 53 (2) (b)\ns 129 sub SL2004-56 s 646\nStorage licences—review of security plans\ns 129A ins SL2004-56 s 646\nStorage records\ns 130 sub SL2004-56 s 646\nLicensable storage—notice to fire authorities\ns 134 am A2004-28 amdt 3.19; A2012-21 amdt 3.51; A2016-33\nSeparation distance for magazines\ns 135 am SL2004-56 s 647\nMaintenance on rooms or buildings where explosives are stored\ns 154 am A2008-37 amdt 1.113; A2011-22 amdt 1.160;\nSpecial portable magazine storage—signs for premises\ns 159 am A2018-8 amdt 1.4\nApplication of div 2.7.5\ns 161 am SL2005-28 s 5\n\nAuthority to supply explosives\ns 166 am SL2004-56 s 648; pars renum R5 LA (see SL2004-56\ns 649); SL2009-43 s 13; pars renum R15 LA\nSupply licence applications—Act, s 50 (2)\ns 169 am SL2004-56 s 650; pars renum R5 LA (see SL2004-56\ns 651)\nSupply licence conditions—Act, s 53 (2) (b)\ns 170 sub SL2004-56 s 652\n(2), (3) exp 5 April 2006 (s 170 (3))\nApplication—div 2.8.3—fireworks\ns 171 sub SL2009-43 s 14\nSupply only to authorised people\ns 174 am SL2004-56 s 653; ss renum R5 LA (see SL2004-56 s 654)\nSupply of defective explosives or packages\ns 175 am A2008-37 amdt 1.114; A2011-22 amdt 1.160;\nSupply records\ns 176 am SL2004-56 s 655; ss renum R5 LA (see SL2004-56 s 656)\nFalse or misleading statements about authority to supply explosives\ns 177 am SL2004-56 s 657, s 658\nApplication of pt 2.9\ns 178 am SL2009-43 s 15\nUse of explosives—responsibilities of person in control\ns 182 sub SL2004-56 s 659\nShotfirer licence applications—Act, s 50 (2)\ns 185 am SL2004-56 s 660; pars renum R5 LA (see SL2004-56\ns 661)\nSuitable people to hold shot-firer licences—Act, s 49 (1) (i)\ns 186 hdg sub SL2004-56 s 662\ns 186 am SL2004-56 s 663, s 664; A2011-22 amdt 1.160; A2012-21\namdt 3.45; A2019-38 amdt 1.5; A2025-29 amdt 4.54\nShot-firer licence conditions—Act, s 53 (2) (b)\ns 187 sub SL2004-56 s 665\nUse records\ns 187A ins SL2004-56 s 665; ss renum R23 LA\nBlast plans\ns 189 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\n\nSuitable people to hold blasting permits—Act, s 49 (1) (i)\ns 190 hdg sub SL2004-56 s 666\ns 190 am SL2004-56 s 667; A2011-22 amdt 1.160; A2019-38\nBlasting permit conditions—Act, s 53 (2) (b)\ns 191 hdg sub SL2004-56 s 668\ns 191 am SL2004-56 s 669; A2011-22 amdt 1.160; A2019-38\nEvaluation of blasting operations\ns 192 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nApplication for special purchase authority\ns 193 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nIssue of special purchase authority\ns 194 am A2008-37 amdt 1.115; A2011-22 amdt 1.160; A2019-38\nEquipment used to initiate explosives\ns 201 am A2011-22 amdt 1.160; A2012-21 amdt 3.46; A2019-38\namdt 1.5; A2025-29 amdt 4.54\nTotal fire ban days\ns 209 sub A2004-28 amdt 3.20\nAuthority to dispose of explosives\ns 252 am SL2004-56 s 670, s 671\nSafe disposal of explosives—general rules\ns 256 am SL2004-56 s 672\nDisposal records\ns 258 sub SL2004-56 s 673\nKinds of fireworks\npt 3.1 hdg note sub SL2009-43 s 16\nGeneral use fireworks\ns 259 table am A2021-12 amdt 3.18\nam A2025-29 amdt 4.54\nControlled fireworks\ns 260 hdg sub SL2009-43 s 17\ns 260 am SL2009-43 s 17\ntable 260 hdg sub SL2009-43 s 18\nControlled fireworks\npt 3.3 hdg sub SL2009-43 s 19\nPreliminary\ndiv 3.3.1 hdg om SL2009-43 s 19\n\nUse of controlled fireworks\ns 264 sub SL2009-43 s 19\ndef identification papers reloc to dict by SL2004-56 s 674\nMeaning of supply for pt 3.3\ns 265 om SL2009-43 s 19\nApplication of pt 3.3\ns 266 om SL2009-43 s 19\nConsumer fireworks supply and storage—general\ndiv 3.3.2 hdg om SL2009-43 s 19\nAuthority to supply and store consumer fireworks\ns 267 am SL2009-26 s 9\nReasonable steps for supplying and storing consumer fireworks—Act,\ns 16 (2) (e)\ns 268 om SL2009-43 s 19\nPerson in control of supplying and storing consumer fireworks—Act,\ns 17 (1) (e)\ns 269 om SL2009-43 s 19\nConsumer fireworks licences\ndiv 3.3.3 hdg om SL2009-43 s 19\nConsumer fireworks licence applications—Act, s 50 (2)\ns 270 om SL2009-43 s 19\nConsumer fireworks licence conditions—s 53 (2) (b)\ns 271 om SL2009-43 s 19\nTerm of consumer fireworks licence—Act, s 54 (2)\ns 272 om SL2009-43 s 19\nSupply of consumer fireworks\ndiv 3.3.4 hdg om SL2009-43 s 19\nTraining for suppliers of consumer fireworks\ns 273 om SL2009-43 s 19\nSupply during Queen’s birthday supply period\ns 274 am SL2008-21 s 7\nAdvertising—Queen’s birthday supply period etc\ns 275 am SL2008-21 s 8\nDisplay of consumer fireworks for supply\ns 276 om SL2009-43 s 19\n\nSupply to children and non-ACT residents of consumer fireworks prohibited\ns 277 om SL2009-43 s 19\nSupply of consumer fireworks—limited quantity\ns 277A ins SL2009-26 s 10\nConsumer fireworks authorised receipts\ns 278 om SL2009-43 s 19\nMisrepresentation about fireworks\ns 279 om SL2009-43 s 19\nLabelling—consumer fireworks\ndiv 3.3.5 hdg om SL2009-43 s 19\nRequirement to obtain wholesaler’s assurance for consumer fireworks etc\ns 280 om SL2009-43 s 19\nWhere consumer fireworks labels must be fixed\ns 281 om SL2009-43 s 19\nInformation on consumer fireworks labels\ns 282 om SL2009-43 s 19\nPackaging and safety instructions—consumer fireworks\ndiv 3.3.6 hdg om SL2009-43 s 19\nSealed packaging for consumer fireworks\ns 283 am SL2008-21 s 9\nSafety instructions for consumer fireworks\ns 284 om SL2009-43 s 19\nStorage of consumer fireworks\ndiv 3.3.7 hdg om SL2009-43 s 19\nApplication of div 3.3.7\ns 285 om SL2009-43 s 19\nConsumer fireworks storage—place, time and quantity\ns 286 am SL2008-21 s 10\nConsumer fireworks storage—premises\ns 287 om SL2009-43 s 19\nConsumer fireworks—storage and packaging\ns 288 om SL2009-43 s 19\nConsumer fireworks—place of storage\ns 289 om SL2009-43 s 19\n\nConsumer fireworks records\ndiv 3.3.8 hdg om SL2009-43 s 19\nDelivery receipts—consumer fireworks\ns 290 om SL2009-43 s 19\nDelivery records—consumer fireworks\ns 291 om SL2009-43 s 19\nSupply records—consumer fireworks\ns 292 om SL2009-43 s 19\nUse of consumer fireworks\ndiv 3.3.9 hdg om SL2009-43 s 19\nApplication of div 3.3.9\ns 293 om SL2009-43 s 19\nAuthority for using consumer fireworks\ns 294 am SL2009-26 s 11\nConsumer fireworks use on Queen’s birthday weekend\ns 295 am SL2008-21 s 11\nUser storage of consumer fireworks\ns 296 om SL2009-43 s 19\nHow to use consumer fireworks\ns 297 om SL2009-43 s 19\nApplication of pt 3.4\ns 298 am SL2009-43 s 20\nFireworks display definitions\ns 299 def display operator licence am SL2004-56 s 675\nReasonable steps for supplying and storing fireworks—Act, s 16 (2) (e)\ns 302 hdg am SL2009-43 s 21\nSuitable people to hold display operator licences—Act, s 49 (1) (i)\ns 305 hdg sub SL2004-56 s 676\ns 305 am SL2004-56 s 677, s 678; A2011-22 amdt 1.160; A2012-21\namdt 3.47; A2019-38 amdt 1.5; A2025-29 amdt 4.54\nFireworks display permit applications—Act, s 50 (2)\ns 307 am SL2004-56 s 679\nSuitable people to hold fireworks display permits—Act, s 49 (1) (i)\ns 308 hdg sub SL2004-56 s 680\ns 308 am SL2004-56 s 681; A2011-22 amdt 1.160; A2019-38\n\nInsurance requirements\ns 310 am SL2004-56 s 682; A2011-22 amdt 1.160; A2019-38\nMultiple fireworks displays—general\ns 311 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nMultiple fireworks displays—theatrical events etc\ns 312 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nTime and place restrictions for outdoor displays\ns 313 am SL2004-56 s 683; A2011-22 amdt 1.160; A2019-38\nWork health and safety commissioner approval of fireworks displays—\nspecial celebrations\ns 314 hdg am A2011-22 amdt 1.160; A2019-38 amdt 1.5\ns 314 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nPublic notice for outdoor displays\ns 316 am A2009-20 amdt 3.54; A2015-33 amdt 1.43\nNotification of police, fire and emergency services about outdoor displays\ns 317 am A2004-28 amdt 3.21; A2012-21 amdt 3.51; A2016-33\nReporting on displays\ns 325 am A2011-22 amdt 1.160; A2019-38 amdt 1.5\nExemption—outdoor displays—Act, s 217 (1) (b)\ns 333A ins SL2008-54 s 4\nConsumer fireworks—registration standards\nsch 1 ss renum R3 LA\nam SL2007-6 s 4\nom SL2009-43 s 22\nSafety management systems\nsch 2 am A2004-28 amdt 3.22; ss renum R3 LA; A2009-28\namdt 2.13; A2011-55 amdt 1.10; pars renum R28 LA\ndict am A2004-28 amdt 3.23; SL2004-56 s 684; SL2009-43 s 23;\nA2009-20 amdt 3.55; A2009-49 amdt 3.40; A2011-22\namdt 1.161, amdt 1.162; A2011-28 amdt 3.49; A2012-21\namdt 3.48, amdt 3.49; A2015-33 amdt 1.44; A2016-33\namdt 1.11, amdt 1.12; A2018-8 amdt 1.5, amdt 1.6;\nA2018-42 amdt 3.42; A2019-38 amdt 1.6, amdt 1.7;\nA2021-12 amdt 3.19\ndef adverse security assessment ins SL2004-56 s 685\ndef aerial shell am SL2004-56 s 686\n\ndef Assessing Fitness to Drive ins A2018-8 amdt 1.7\ndef AS 1768 om A2011-28 amdt 3.50\ndef AS 2187.0 sub SL2004-56 s 687; A2018-8 amdt 1.8\ndef AS 2187.1 sub SL2004-56 s 687; A2018-8 amdt 1.8\ndef AS 2187.2 sub SL2004-56 s 687; A2018-8 amdt 1.8\ndef AS 2187.4 sub SL2004-56 s 687; A2018-8 amdt 1.8\ndef AS 4326 om A2011-28 amdt 3.50\ndef Australian Dangerous Goods Code om SL2004-56\ns 688\ndef Australian Explosives Code om SL2004-56 s 688\ndef class label om A2018-8 amdt 1.9\ndef close associate ins SL2004-56 s 689\ndef consumer om SL2009-43 s 24\ndef consumer firework om SL2009-43 s 24\ndef consumer fireworks authorised receipt om SL2009-43\ns 24\ndef consumer fireworks licence om SL2009-43 s 24\ndef controlled firework ins SL2009-43 s 25\ndef exempt storage ins A2011-28 amdt 3.51\ndef firefighter sub A2004-28 amdt 3.24\nam A2012-21 amdt 3.50; A2016-33 amdt 1.13\ndef firework am SL2009-26 s 12; pars renum R14 LA\ndef flash powder sub SL2007-6 s 5\ndef identification papers om SL2004-56 s 690\nreloc from s 264 by SL2004-56 s 674\nam A2009-49 amdt 3.41, amdt 3.42; A2010-43 amdt 1.8;\nA2016-7 amdt 1.7\ndef licence details ins SL2004-56 s 691\ndef primary authorised user om SL2009-43 s 26\ndef qualified security assessment ins SL2004-56 s 691\ndef Queen’s birthday supply om SL2009-43 s 26\ndef Queen’s birthday supply period om SL2009-43 s 26\ndef Queen’s birthday weekend use period om SL2009-43\ns 26\ndef salute shell sub SL2004-56 s 692\ndef security cleared responsible person ins SL2004-56\ns 693\ndef security plan ins SL2004-56 s 693\ndef security risk assessment ins SL2004-56 s 693\ndef supplier om SL2009-43 s 26\ndef supply am SL2004-56 s 694\nom SL2009-43 s 26\ndef unsupervised access ins SL2004-56 s 695\ndef UN Test Manual sub A2018-8 amdt 1.10\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n5 Apr 2004\n5 Apr 2004–\nnot amended new regulation\n1 July 2004–\n3 Nov 2004\nA2004-28 amendments by\nA2004-28\n4 Nov 2004\n4 Nov 2004–\n14 Dec 2004\nA2004-28 editorial\namendments under\nLegislation Act\n15 Dec 2004\n15 Dec 2004–\n30 Mar 2005\n31 Mar 2005\n31 Mar 2005–\n5 Apr 2005\n6 Apr 2005\n6 Apr 2005–\nSL2004-56 commenced expiry\n30 June 2005–\n20 Oct 2005\n21 Oct 2005\n21 Oct 2005–\n5 Apr 2006\nSL2005-28 amendments by\nSL2005-28\n6 Apr 2006\n6 Apr 2006–\n23 Apr 2007\nSL2005-28 commenced expiry\n24 Apr 2007\n24 Apr 2007–\nSL2007-6 amendments by\nSL2007-6\nR11*\n14 May 2008–\n22 Dec 2008\nSL2008-21 amendments by\nSL2008-21\n23 Dec 2008\n23 Dec 2008–\n1 Feb 2009\nSL2008-54 amendments by\nSL2008-54\n\nEarlier republications 5\nfor\n2 Feb 2009\n2 Feb 2009–\nSL2008-54 amendments by\nA2008-37\n3 June 2009–\n26 Aug 2009\nSL2009-26 amendments by\nSL2009-26\n27 Aug 2009\n27 Aug 2009–\n21 Sept 2009\nSL2009-43 amendments by\nSL2009-43\n22 Sept 2009\n22 Sept 2009–\n30 Sept 2009\nA2009-28 amendments by\nA2009-20\n1 Oct 2009\n1 Oct 2009–\n16 Dec 2009\nA2009-28 amendments by\nA2009-28\n17 Dec 2009\n17 Dec 2009–\n30 Nov 2010\nA2009-49 amendments by\nA2009-49\n1 Dec 2010\n1 Dec 2010–\nA2010-43 amendments by\nA2010-43\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n31 Dec 2011\nA2011-28 amendments by\nA2011-28\n1 Jan 2012\n1 Jan 2012–\nA2011-55 amendments by\nA2011-55\n5 June 2012–\n13 Oct 2015\nA2012-21 amendments by\nA2012-21\n14 Oct 2015\n14 Oct 2015–\nA2015-33 amendments by\nA2015-33\n21 June 2016–\n28 Aug 2016\nA2016-33 amendments by\nA2016-33\n29 Aug 2016\n29 Aug 2016–\n28 Mar 2018\nA2016-33 amendments by\nA2016-7\n29 Mar 2018\n29 Mar 2018–\n21 Nov 2018\nA2018-8 amendments by\nA2018-8\n\nfor\n22 Nov 2018\n22 Nov 2018–\n29 Apr 2020\nA2018-42 amendments by\nA2018-42\n30 Apr 2020\n30 Apr 2020–\nA2019-38 amendments by\nA2019-38\n23 June 2021–\n10 Dec 2021\nA2021-12 amendments by\nA2021-12\n11 Dec 2021\n11 Dec 2021–\n15 Dec 2025\nA2021-30 amendments by\nA2021-30","sortOrder":309}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":737},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"This appears to be a comprehensive republication of the original 2004 regulation with accumulated amendments. The scope remains focused on explosives safety and licensing as originally intended. The 2025 amendments (A2025-29) appear to be minor technical updates rather than substantive scope expansion."},"complexity_factors":["Extensive cross-referencing to the Dangerous Substances Act 2004 and multiple Australian Standards (AS 2187.0, 2187.1, 2187.2, 2187.4)","Over 50 defined terms in the Dictionary, many with nested definitions","Multiple licence types with overlapping but distinct requirements (manufacturing, import, carrying, storage, supply, shot-firer, display operator, fireworks display permit)","Complex classification system for explosives using UN hazard divisions (1.1–1.6) and compatibility groups, with special rules for collective hazard divisions when mixed","Detailed technical requirements for storage facilities (magazines) including separation distances, construction standards, lightning protection and security fencing","Extensive record-keeping obligations with varying retention periods (3–5 years)","Security plan requirements with 5-year review cycles for multiple licence categories","Nested exceptions and conditional exemptions throughout (e.g., exempt storage, blasting and fireworks storage, special portable magazine storage)","Fireworks-specific provisions with three-tier categorisation and display-specific conditions","Incorporation of external documents (Australian Explosives Code, UN Test Manual, Assessing Fitness to Drive) by reference"],"plain_english_summary":"The regulation sets mandatory safety, security and licensing rules for handling explosives in the ACT — covering manufacture, import, storage, transport, supply, use and disposal, including fireworks — and requires authorised, competent people and documented safety systems.  \n\nIt affects businesses and individuals who deal with explosives (e.g., manufacturers, contractors, fireworks operators, transporters and ammunition holders) to protect public safety and reduce accident risk; breaches attract fines and enforcement."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The regulation remains focused on the original regulatory purpose: managing the hazards associated with explosives and fireworks by defining categories, licensing handling activities and setting technical, security and operational controls. Subsequent amendments have increased prescriptiveness (for example, adding security‑plan requirements, explicit security vetting criteria in s 22A, more detailed safety‑management system content in sch 2, and more prescriptive fireworks controls), and have broadened delegated decision points (Minister and Work Health and Safety Commissioner). Those changes are implementation‑level expansions and refinements rather than a departure from the regulation’s core scope. In short, the instrument has grown in technical and procedural detail (more prescriptive obligations and security checks) but has not materially changed the fundamental subject‑matter scope beyond what the enabling Act contemplates."},"complexity_factors":["Very long instrument covering manufacture, import, carrying, driving, storage, supply, use, disposal and fireworks — many Parts and Divisions (Parts 2 & 3 are extensive).","Large dictionary of technical and cross-referenced terms; many defined terms used throughout (dictionary plus references to the Act and other codes).","Multiple distinct licence types (manufacturing, import, carrying, explosives-driving, storage, supply, shot-firer, blasting permit, display operator, fireworks display permit) each with bespoke application information, conditions and record-keeping requirements (see ss 48–56, 90–96, 100–106, 111–114, 125–131, 165–176, 185–194, 304–311, 307–313).","Extensive cross-references to external technical standards and manuals (UN Test Manual, AS 2187.0/1/2/4, Australian Explosives Code, Assessing Fitness to Drive) that carry substantive technical rules (see s 13, s 43, s 61, s 115, s 255, s 111).","Nested conditional logic and exceptions (for example, default classification rules s 14, collective hazard division algorithm s 16 with table and iterative rule in s 16(3)).","Many discrete operational rules with exceptions and site-specific criteria (eg central mixing points, ANFO manufacture, mobile manufacturing units, special portable magazine storage — divisional detail across 2.4 and 2.7).","Security regime layered in: security definitions, cleared responsible persons, security plans, five-year review cycles and reporting (s 22A, ss 51A, 55, 105A, 128A, 55A, 106A).","Numerous offences with strict liability, multiple penalty units and specific compliance timelines (e.g. incident reporting, import notices, records retention) — many enforcement touchpoints (s 6, ss 24–25, 96, 130, 176, 258).","Delegation and discretionary decision-making by Minister and Work Health and Safety Commissioner, including disallowable instruments and notifiable instruments, which increases administrative complexity and creates interlocutory procedures (ss 29–32, 33, 55A, 190(4), 305(4))."],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Establishes a comprehensive licensing and compliance framework for explosives and fireworks in the ACT: manufacture, import, carrying (road/rail), driving vehicles carrying explosives, storage, supply, use (including blasting), disposal and public fireworks displays (see Parts 2.4–2.10, 3.4).  Key licence types: manufacturing, import, carrying, explosives-driving, storage, supply, shot-firer, blasting permit, display operator and fireworks display permit (see s 48, s 90, s 100, s 111, s 125, s 165, s 185, s 188, s 304, s 307).\n\n- Adopts external technical standards and UN test methods as part of the rules for classification, packing, storage siting and operational practice. Classification is generally by UN Test Manual (s 13) and many operational and separation-distance rules point to AS 2187.0/1/2/4 and the Australian Explosives Code (eg s 43, s 61, s 115, s 135, s 255). Those standards are incorporated by reference and applied throughout.\n\n- Defines the legal categories used to regulate risk: what counts as an explosive or dangerous substance, hazard divisions (1.1–1.6), compatibility groups and collective hazard-division rules for mixed storage or transport (see ss 7, 10–17). These classifications determine licence, storage, carrying and firing limits.\n\n- Requires licence applicants and holders to prepare, implement and keep up-to-date safety management systems and security plans (detailed content prescribed), maintain records (manufacture, import, supply, use, storage, disposal), and meet training, equipment and facility standards (see s 51, s 51A, s 55, s 56, s 57, s 128A, sch 2).\n\n- Establishes reporting duties and enforcement mechanics: immediate reporting of incidents, loss/theft, and requirements to notify fire and police authorities (see ss 24–25, s 22, s 60, s 134). Many offences are strict liability; penalties are expressed in penalty units (see s 6 and notes).\n\n- Delegates decisions and control points to named officials: the Minister may declare authorised/prohibited explosives (s 29, s 27); the Work Health and Safety Commissioner authorises explosives, issues and revokes licences and may set routes/times for transport and approve fireworks exemptions (see ss 30–35, s 32, s 117, s 333A). Inspectors and police have powers for checking compliance and enforcing removals.\n\n**Who is affected\n\n- Businesses and individuals that manufacture, import, transport, store, supply, use or display explosives and certain fireworks — including mines/quarries, demolition contractors, fireworks display operators, ammunition manufacturers, carriers and retailers (see many handling authorisations across Parts 2 and 3).\n\n- Service providers: freight contractors, vehicle operators and drivers (subject to explosives-driving licences and vehicle approval rules — ss 100–116).\n\n- Regulators and first responders: Work Health and Safety Commissioner, inspectors, police, fire authorities (roles spelled out at ss 22, 60, 134 and elsewhere).\n\n- The broader public near storage sites, transport routes and display sites — the regulation sets exclusion zones, separation distances and public-notification duties for outdoor displays (see ss 117, 327–329, 316–317).\n\n**Why it matters (official rationale and then practical trade-offs)\n\n- Official rationale: The instrument gives detailed, legally enforceable requirements to protect people, property and the environment from explosive hazards (see Act purpose referenced in s 32 (3)(b)(ii)). It does that by tying licensing, classification and operational controls to internationally recognized test methods and Australian Standards.\n\n- Practical trade-offs and implementation risks (mechanisms cited):\n  - Compliance and recurring costs fall on licence-holders and operators: preparing security plans and safety management systems, implementing separation distances, building/retrofitting magazines to AS 2187.1 standards, training staff, vehicle modifications and record-keeping (see ss 51, 51A, 57, 52, 135, 105(e), 106). These increase operating costs, and create fixed-cost barriers for small entrants.\n  - Regulatory discretion and uncertainty: many determinations are delegated — the Minister and the Work Health and Safety Commissioner can make disallowable instruments, set criteria, approve exemptions and review licences (see ss 29–32, 33, 333A). That affords technical flexibility but raises administrative and timing uncertainty for commercial operators.\n  - Security vetting and access controls: the regulation requires security-cleared responsible persons, security plans and periodic review (see s 22A, ss 51A, 55, 105A, 128A, 55A, 106A). This imposes background-check costs and limits unsupervised access; it reduces insider risk but can slow staffing and subcontracting decisions and raise compliance costs.\n  - Reliance on external technical standards: the law heavily cross-references AS 2187.x, Australian Explosives Code and UN Test Manual (eg s 13, s 43, s 61, s 115, s 255). That keeps technical rules current but creates dependence on documents outside the local legislative process and on technical updates or interpretation of those standards.\n  - Concentrated benefits and diffuse costs: existing licensed manufacturers, carriers and display operators benefit from clear rules and predictable standards; potential entrants bear the fixed compliance costs (licensing, security clearing, plant modification). Where the regulation requires specialist facilities or approvals, incumbents may face less competition (see s 52, s 61, s 135).\n  - Enforcement tilt and strict liability: many offences are strict liability (eg ss 23–25, 36, 56, 76, 96, 106, 114, 130, 147, 148, 152, 154, 161, 162, 163, 164, 176, 187A, 192, 254, 258). This reduces the regulator’s burden to prove mental element but increases compliance risk for operators; companies will often need written procedures and record-keeping to rebut or manage strict liability exposure.\n\n**Who pays, who decides, what behaviour changes (short list)\n\n- Who pays: licence applicants and holders (businesses and contractors) pay direct costs for licences, security plans, safety management systems, training, facility upgrades and recordkeeping; in some cases costs for disposal ordered on revocation may be recoverable by the Territory from the licence-holder (s 36 (3)). The public bears indirect costs (inspections/regulation) funded by government.\n\n- Who decides: the Minister (declares authorised/prohibited explosives), the Work Health and Safety Commissioner (authorises explosives, issues and conditions licences, approves security and technical matters, sets transport routes/times and can grant exemptions), inspectors and police (enforce and inspect) — see ss 29–35, 32, 117, 333A and ss throughout Parts 2 and 3.\n\n- Behaviour changes required: businesses must obtain and keep licences appropriate to each activity; prepare and implement safety management systems and security plans; classify explosives to UN/AS standards; keep detailed records and make prescribed notifications; meet AS 2187.x construction, separation and operational rules; and observe strict procedural rules for blasting, transport and fireworks displays (see ss 13–16, 51A, 57, sch 2, ss 61, 76, 115, 135, 171, 189, 327–331).\n\n**Implementation risk and likely friction points**\n- Time and cost to produce adequate security plans and safety management systems (s 51A; sch 2).\n- Delays from decision-making discretion (authorisations, licence amendments, revocations, exemptions — ss 31–36, 55, 106, 333A).\n- Conflicts or interpretive gaps between practice and referenced technical standards (AS and UN documents) that are not reprinted in the regulation (see s 5 and multiple cross-references).\n- Compliance monitoring burden from dense record-keeping and many short statutory deadlines for notifications/ reporting (eg ss 24–25, 96, 176, 258).\n\n**Key procedural protections for affected parties**\n- Review rights to the ACT Civil and Administrative Tribunal (ACAT) exist for refusals or revocations of authorisations and some licence decisions (see ss 33, 35, 36 and notes)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-substances-explosives-regulation-2004","history":"/api/acts/dangerous-substances-explosives-regulation-2004/history","analysis":"/api/acts/dangerous-substances-explosives-regulation-2004/analysis","conflicts":"/api/acts/dangerous-substances-explosives-regulation-2004/conflicts","importantCases":"/api/acts/dangerous-substances-explosives-regulation-2004/important-cases","documents":"/api/acts/dangerous-substances-explosives-regulation-2004/documents"}}