43.—(1.) A person shall not carry on to, or take within twenty yards of, a vehicle on which goods consisting of Commonwealth explosives are loaded any smoking materials, including means of ignition, unless those materials are locked in a metal box that is painted red and provided with an efficient lock and key.
(2.) A person shall not carry such a box, or permit such a box to be carried, on a vehicle on which goods consisting of Commonwealth explosives are loaded elsewhere than in the cabin of the vehicle.
Vehicles not to be left unattended and explosives not to be exposed to weather.
44.—(1.) A supervisor of the handling of goods consisting of Commonwealth explosives shall not permit a vehicle on which the goods are loaded to be left unattended or the goods, other than those consisting of unboxed explosives, to be left unprotected from the weather.
(2.) The driver of a vehicle on which goods consisting of Commonwealth explosives are loaded shall not leave the vehicle unattended or leave the goods, other than those consisting of unboxed explosives, unprotected from the weather.
Unauthorized persons not to board vehicles.
45.—(1.) Subject to the next succeeding sub-regulation, when goods consisting of Commonwealth explosives are loaded on a vehicle, a person other than—
(a) the driver of the vehicle;
(b) an attendant appointed to travel on the vehicle;
(c) a supervisor of the handling of those goods;
(d) a person loading or unloading the vehicle; or
(e) a person authorized by the Secretary,
shall not be in, upon or in the vicinity of the vehicle without the consent of the supervisor of the handling of the goods.
(2.) The last preceding sub-regulation does not apply in relation to a vehicle that is within a Commonwealth explosives area.
Part III.—Rail Transport.
Division 1.—Preliminary.
Interpretation.
In this Part, unless the contrary intention appears—
“approved freight container” means a freight container that complies with the requirements specified in the Third Schedule;
“covered van” means an enclosed vehicle other than a powder van;
“explosives” does not include samples of explosives that are consigned for the purpose of testing or proof and the net explosives weight of which does not exceed five pounds;
“goods train” means a train other than a passenger train;
“open wagon” means a vehicle other than—
(a) an enclosed vehicle; or
(b) a flat-topped vehicle;
“passenger train” means a train one or more of the vehicles comprising which are used for transporting passengers;
“powder van” means an enclosed vehicle the interior of which does not contain any exposed ferrous metal;
“vehicle” means a vehicle used for transporting goods by rail.
Division 2.—Loading.
Application of Division.
This Division applies to the loading of goods consisting of Commonwealth explosives on to vehicles for the transporting of the goods by rail.
Rail vehicle categories.
48.—(1.) For the purposes of this Division, the vehicles on to which goods consisting of Commonwealth explosives may be loaded are divided into rail vehicle categories.
(2.) In this Division—
(a) a reference to a vehicle included in rail vehicle category B shall be read as a reference to a powder van;
(b) a reference to a vehicle included in rail vehicle category C shall be read as a reference to a covered van; and
(c) a reference to a vehicle included in rail vehicle category D shall be read as a reference to an open wagon.
Vehicles on which explosives to be loaded.
49.—(1.) Subject to the next two succeeding sub-regulations, the supervisor of the loading of goods consisting of a Commonwealth explosive the name of which is set out in the first column of the First Schedule shall not permit the goods to be loaded on to a vehicle other than a vehicle included in the rail vehicle category set out in the sixth column of that Schedule opposite to that name.
(2.) Where the supervisor of the loading of goods consisting of a Commonwealth explosive is authorized by the last preceding sub-regulation to permit the goods to be loaded on to a vehicle included in rail vehicle category D—
(a) he may permit the goods to be placed in an approved freight container and loaded on to a flat-topped vehicle; or
(b) if a vehicle included in rail vehicle category D is not available, he may permit the goods to be loaded on to a vehicle included in rail vehicle category C.
(3.) Where the supervisor of the loading of goods consisting of a Commonwealth explosive is authorized by either of the last two preceding sub-regulations to permit the goods to be loaded on to a vehicle included in rail vehicle category C and a vehicle included in that rail vehicle category is not available, he may permit the goods to be loaded on to a vehicle included in rail vehicle category B.
(4.) The supervisor of the loading of goods consisting of Commonwealth explosives shall not permit the goods to be loaded on to a vehicle that is fitted within—
(a) plain-bearing axle boxes that are lubricated by means of grease; or
(b) a door at either end, or in the floor, of the vehicle.
Securing of load.
Immediately after goods consisting of Commonwealth explosives have been loaded on to a vehicle, the supervisor of the loading of the goods shall ensure that—
(a) in the case of a vehicle included in rail vehicle category B or C—the vehicle is securely locked or sealed; and
(b) in the case of a vehicle included in rail vehicle category D—the goods are properly secured on the vehicle and protected against damage or theft.
Containers to bear group label.
51—(1.) Subject to the next succeeding sub-regulation, the supervisor of the loading of goods consisting of a boxed Commonwealth explosive shall not permit the goods to be loaded on to a vehicle unless the number of the Group in which that explosive is included appears on the outside of the containers holding the goods.–
(2.) Where the name of a Commonwealth explosive, preceded by the symbol †, is set out in the first column of the First Schedule, the last preceding sub-regulation does not apply to or in relation to goods consisting of that explosive.
Vehicles to be clean.
The supervisor of the loading of goods consisting of a Commonwealth explosive shall not permit the goods to be loaded on to a vehicle unless the vehicle is clean.
Rail loading categories.
For the purposes of this Division, Commonwealth explosives are divided into rail loading categories and a Commonwealth explosive the name of which is set out in the first column of the First Schedule shall be deemed to be included in the rail loading category set out in the fifth column of that Schedule opposite to that name.
Segregation of explosives in different rail loading categories.
54.—(1.) Subject to the next succeeding sub-regulation, the supervisor of the loading of goods consisting of Commonwealth explosives included in one rail loading category shall not permit the goods to be loaded on to a vehicle with goods consisting of Commonwealth explosives included in another rail loading category.
(2.) The supervisor of the loading of goods consisting of Commonwealth explosives included in rail loading category E, F, H or N may permit the goods to be loaded on to a vehicle with goods consisting of Commonwealth explosives included in another or others of those categories if the net explosives weight of all the goods so loaded does not exceed two thousand pounds.
Loading of explosives in rail loading category E, K, L, N or W.
The supervisor of the loading of goods consisting of Commonwealth explosives included in rail loading category E, K, L, N or W shall not permit the goods to be loaded on to a vehicle unless the goods are packed in a container specially designed for the transportation of those goods or in a container of a kind known by any of the following names:—
Box, ammunition, C.190.
Box, ammunition, Cal. 50M2 for Cordite Samples only.
Case, magazine.
Case, powder.
Case, transport, detonators.
Case, transport, explosives.
Cylinder, transport, detonators.
Magazine, portable (Aust.).
Loading of unboxed ammunition or of explosives in metallic containers.
The supervisor of the loading of goods consisting of Commonwealth explosives, being unboxed ammunition or being explosives packed in metallic or partly metallic outer containers, shall not permit the goods to be loaded on to a vehicle together with goods consisting of explosives packed in non-metallic containers unless the last-mentioned goods are separated from the first-mentioned goods by dunnage or by goods that do not bear a fire, corrosive or explosion risk.
Loading of explosives with other dangerous goods.
The supervisor of the loading of goods consisting of Commonwealth explosives shall not permit the goods to be loaded on to a vehicle with any other goods that bear a fire, corrosive or explosion risk.
Division 3.—Transportation.
Explosives to be carried on goods trains.
A railway authority shall not permit a vehicle on which goods consisting of Commonwealth explosives are loaded to form part of a passenger train unless a goods train is not available.
Maximum quantity of explosives on the one vehicle or train.
59.—(l.) A railway authority shall not permit goods consisting of Commonwealth explosives the net explosives weight of which exceeds twenty thousand pounds to be transported by the one vehicle but, subject to this Part, may, notwithstanding anything contained in the law of a State, permit goods consisting of Commonwealth explosives the net explosives weight of which does not exceed twenty thousand pounds to be transported by the one vehicle if the vehicle does not form part of a passenger train.
(2.) A railway authority shall not permit goods consisting of Commonwealth explosives the gross weight of which exceeds one thousand tons to be transported by the one train but, subject to this Part, may, notwithstanding anything contained in the law of a State, permit goods consisting of Commonwealth explosives the gross weight of which does not exceed one thousand tons to be transported by the one goods train.
Segregation of vehicles.
60.—(1.) In this regulation, “buffer vehicle” means a vehicle on which no goods bearing a fire, corrosive or explosion risk are loaded.
(2.) Where a vehicle on which goods consisting of Commonwealth explosives are loaded is comprised in a goods train, the railway authority shall separate the vehicle from any other vehicle on which goods consisting of explosives are loaded, from the locomotive and from the brake-van by not less than two buffer vehicles but nothing contained in the law of a State requires the railway authority to separate the vehicle from any other vehicle on which goods consisting of explosives are loaded, from the locomotive or from the brake-van by more than two buffer vehicles.
Division 4.—Unloading.
Inspection before and during unloading.
A supervisor of the unloading from a vehicle of goods consisting of Commonwealth explosives shall inspect the vehicle and the goods immediately on the arrival of the vehicle at the place where it is to be unloaded and shall examine the goods as they are unloaded from the vehicle for the purpose of detecting evidence of damage, spilling or pilfering.
Vehicle to be cleaned after unloading completed.
After goods consisting of Commonwealth explosives have been unloaded from a vehicle, the supervisor of the unloading shall cause the vehicle to be thoroughly cleaned.
Goods to be unloaded promptly.
The supervisor of the unloading of goods consisting of Commonwealth explosives shall ensure that the goods are unloaded and removed from the premises of the railway authority as soon as practicable after the vehicle on which the goods were transported arrives at the place at which the goods are to be unloaded.
Division 5.—Miscellaneous.
Smoking materials.
A person shall not take any smoking materials, including means of ignition, within twenty yards of a vehicle on which goods consisting of Commonwealth explosives are loaded.
Entry of supervisor not to be hindered.
A person shall not hinder or obstruct the entry of a supervisor of the handling of goods consisting of Commonwealth explosives, or of a person under the supervision of such a supervisor, to a place where goods consisting of Commonwealth explosives are, or are to be, loaded on to, or unloaded from, a vehicle.
Unauthorized persons not to attend loading or unloading.
When goods consisting of Commonwealth explosives are being loaded on to, or unloaded from, a vehicle on premises of a railway authority, a person other than—
(a) the supervisor of the handling of those goods;
(b) a person loading or unloading the goods;
(c) a person authorized by the railway authority; or
(d) a person authorized by the Secretary,
shall not be in, upon or in the vicinity of the vehicle without the consent of the supervisor of the handling of the goods.
Part IV.—Orders.
Power of Minister or authorized person to make orders.
67.—(1.) The Minister, or a person authorized by the Minister to make orders under this regulation, may, by order in writing—
(a) make provision for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of Commonwealth explosives;
(b) make provision for or in relation to safety measures to be observed at, in or upon a place, vehicle, aircraft or vessel at, in, upon or in the vicinity of which there are Commonwealth explosives; or
(c) subject to the next succeeding regulation, direct that a vessel in which Commonwealth explosives are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.
(2.) An authority by the Minister to a person to make orders under this regulation may be granted in relation to a particular matter, or class of matters, or to a particular place, and shall have effect subject to such conditions and restrictions (if any) as are specified in the authority.
Orders directing berthing of vessels.
68.—(1.) An order shall not be made directing that a vessel may be berthed in a port if the explosives loaded or to be loaded on the vessel consist of explosives included in shipping categories B and C and—
(a) the gross weight of the explosives exceeds five thousand tons;
(b) the gross weight of the explosives exceeds one thousand tons and the net explosives weight of such of those explosives as are included in shipping category C exceeds two hundred tons;
(c) the gross weight of the explosives is less than one thousand tons and the gross weight of such of those explosives as are included in shipping category C exceeds five hundred tons;
(d) the gross weight of such of those explosives as are included in Group 3 exceeds two thousand tons; or
(e) such of the explosives as are included in shipping category C are not stowed, or are not to be stowed, in a separate hold.
(2.) An order shall not be made directing that a vessel may be berthed in a port if the explosives loaded or to be loaded on the vessel consist of explosives included in shipping category C and the net explosives weight of the explosives exceeds five hundred tons.
(3.) For the purposes of this regulation—
(a) an explosive shall be deemed to be included in shipping category B if the letter B is set out in the fourth column of the First Schedule opposite to the name of that explosive set out in the first column of that Schedule; and
(b) an explosive shall be deemed to be included in shipping category C if the letter C is set out in the fourth column of the First Schedule opposite to the name of that explosive set out in the first column of that Schedule.
Orders requiring suitable berths to be provided.
Where:—
(a) the port specified in an order made by virtue of paragraph (c) of sub-regulation (1.) of regulation 67 of these Regulations is Fremantle or Geraldton; and
(b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order,
that person may, by order in writing, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.
Orders inconsistent with these Regulations.
70.—(1.) Where a provision of these Regulations is inconsistent with an order made by the Minister, the order shall prevail and that provision of these Regulations shall, to the extent of the inconsistency, be of no effect.
(2.) When a provision of an order made by a person authorized by the Minister to make orders under regulation 67 of these Regulations is inconsistent with these Regulations, the Regulations shall prevail and the provision of the order shall, to the extent of the inconsistency, be of no effect.
Application of orders.
An order may be expressed to be of general application or to apply to persons included in a class of persons or may be addressed to a particular person, either by name or by a description sufficient to identify that person.
Publication of orders of general application.
An order expressed to be of general application or to apply to persons included in a class of persons shall be published in the Gazette and shall take effect on the date of publication or on such later date as is fixed by the order.
Service of orders addressed to particular persons.
73.—(1.) An order addressed to a particular person shall be served on that person and shall, subject to the next succeeding regulation, take effect on the date of service or on such later date as is fixed by the order.
(2.) An order may be served on a person—
(a) personally;
(b) by sending the order or a copy of the order by post to the person at his last-known place of abode or employment;
(c) by posting up the order or a copy of the order in a prominent position at or near the place of employment of the person; or
(d) in the case of a body politic or a body corporate—by sending the order or a copy of the order by post to the registered office, if any, of that body or by serving the order or a copy of the order personally on the manager, secretary or other executive officer of that body.
(3.) An order addressed to a particular person may be published in the Gazette and shall be deemed to have been served on that person on the date on which it is so published.
Orders under regulation 67(1.)(c).
An order made by virtue of paragraph (c) of sub-regulation (1.) of regulation 67 of these Regulations shall be addressed to a particular person and shall take effect at the expiration of a period of forty-eight hours after the service of the order on that person or at such later time as is fixed by the order.
Part V.—Commonwealth Explosives Transport Committee.
Definition.
In this Part, “the Committee” means the Commonwealth Explosives Transport Committee established under this Part.
Establishment of the Committee.
76.—(1.) There shall be a committee, to be known as the Commonwealth Explosives Transport Committee.
(2.) The functions of the Committee are to advise the Minister on, and on matters relating to—
(a) the handling of Commonwealth explosives and, in particular, the transport of Commonwealth explosives;
(b) the facilities available for the handling of explosives at ports in Australia;
(c) the adequacy of those facilities;
(d) the necessity for the provision of special facilities;
(e) the type and estimated cost of those special facilities; and
(f) the proportion in which the cost of those special facilities should be shared between the Commonwealth and a State or person.
Membership of the Committee.
The membership of the Committee shall be as determined by the Minister, but the Committee shall not at any time consist of less than six members.
Chairman, deputy chairman and executive member.
78.—(1.) The Minister shall appoint from amongst the members of the Committee a chairman of the Committee and a deputy chairman of the Committee, who shall hold office as chairman and deputy chairman respectively during the pleasure of the Minister.
(2.) The office of chairman or of deputy chairman of the Committee shall become vacant if the person holding the office ceases to be a member of the Committee.
(3.) The Minister may appoint a member of the Committee to be the executive member of the Committee, and the member so appointed shall have such powers and functions in relation to the Committee as are conferred upon him by the Minister.
Deputies of members.
79.—(1.) The Minister may appoint a person to be the deputy of a member, other than the chairman or deputy chairman, of the Committee during the pleasure of the Minister.
(2.) A person so appointed as the deputy of a member may, in the event of the absence of that member from a meeting of the Committee, attend that meeting, and, when so attending, shall be deemed to be a member of the Committee.
Meetings of the Committee.
80.—(1.) Meetings of the Committee shall be held at such times and places as the Committee determines or as the chairman, or, in his absence, the deputy chairman, directs.
(2.) At a meeting of the Committee, four members of the Committee constitute a quorum.
(3.) The chairman of the Committee shall preside at all meetings of the Committee at which he is present.
(4.) In the absence of the chairman of the Committee from a meeting of the Committee, the deputy chairman of the Committee shall preside at the meeting.
(5.) In the absence of both the chairman and the deputy chairman of the Committee from a meeting of the Committee, the members of the Committee present shall appoint one of their number to preside at the meeting.
(6.) A question arising at a meeting of the Committee shall be determined by a majority of the votes of the members present.
(7.) The chairman, deputy chairman or other member of the Committee presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Part VI.—Miscellaneous.
Goods to be suitably packed before transportation.
A person who packs or otherwise prepares goods consisting of Commonwealth explosives for transportation shall ensure that the goods are suitably packed, and are otherwise in a safe condition, for that transportation having regard to the method or methods by which the transportation is to be effected.
Inspection before loading.
82.—(1.) Goods consisting of Commonwealth explosives shall not be loaded on to a vehicle, vessel or aircraft unless the goods have first been inspected for evidence of damage or spilling.
(2.) Where a requirement of the last preceding sub-regulation is not complied with in relation to the loading of goods consisting of Commonwealth explosives on to a vehicle, vessel or aircraft, the supervisor of the loading and the person in charge of the vehicle, vessel or aircraft shall each be deemed to have contravened this regulation.
Handling of Group 13 explosives.
83.—(1.) A supervisor appointed to supervise the handling of Commonwealth explosives included in Group 13 shall not handle those explosives, or permit those explosives to be handled, unless there is present during the handling an escort party that—
(a) consists of at least two persons;
(b) is equipped in accordance with the next succeeding sub-regulation; and
(c) if the explosives are being transported by road—is provided with a vehicle on which explosives are not loaded,
(2.) An escort party shall be equipped with—
(a) protective clothing, including gloves and respirators, sufficient for each member of the escort party and to equip a fire-fighting party;
(b) an ample supply of suitable neutralizer; and
(c) picks, shovels and fire extinguishers.
(3.) A supervisor appointed to supervise the transportation by road of Commonwealth explosives included in Group 13 shall not permit a person to travel on a vehicle carrying those explosives unless that person is equipped with a respirator.
(4.) A supervisor appointed to supervise the transportation by rail of Commonwealth explosives included in Group 13 shall satisfy himself that each member of the crew of the train on which the explosives are being transported is equipped with a respirator.
(5.) A supervisor appointed to supervise the handling of Commonwealth explosives included in Group 13 shall, after the handling is complete, cause all vehicles, equipment, appliances and materials used in, or in connexion with, the handling to be inspected for signs of contamination and, if contaminated, to be decontaminated before being used again.
Explosives in damaged containers and spilled explosives.
Where goods consisting of Commonwealth explosives are in a damaged container or have spilled from a container, a person handling those goods shall comply with any directions relating to the handling of explosives in damaged containers or spilled explosives given to him, whether in writing or otherwise and whether before or after the damage or spilling is discovered, by the supervisor of the handling or, if the goods are being transported by road and there is no supervisor of the transportation, by the supervisor of the loading of the goods.
Certification of containers to be free from explosives.
85.—(1.) The Minister, or a person, or a person included in a class of persons, authorized by the Minister to make appointments under this regulation, may, by writing under his hand, appoint persons to certify that containers that have contained Commonwealth explosives are free from explosives.
(2.) A person appointed under the last preceding sub-regulation to certify that containers are free from explosives may, on satisfying himself that a container that has contained Commonwealth explosives is free from explosives, issue a certificate to that effect.
Delegation.
86.—(1.) The Minister or the Secretary may, either generally or in relation to a matter or class of matters and either in relation to the whole of the Commonwealth or to a State or part of the Commonwealth, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).
(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Secretary, as the case may be.
Penalties.
The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of, or failure to comply with, a provision of these Regulations is a fine not exceeding Fifty pounds or imprisonment for a term not exceeding three months.
Where the name of a Commonwealth explosive, preceded by the symbol †, is set out in the first column of this Schedule, sub-regulation (1.) of regulation 15, and sub-regulation (1.) of regulation 51, of these Regulations do not apply to or in relation to goods consisting of that explosive.
The trailer shall be a four-wheeled trailer fitted with a greased turn table, a triangular drawbar and two safety chains of adequate length and strength fixed permanently to the trailer.
The load limit of the trailer shall not exceed four tons gross weight.
When the trailer is carrying explosives, the front of the towing vehicle, the rear of the trailer or its load and each side of the trailer or its load shall bear in a conspicuous .position a signboard painted white and bearing the word “Explosives” in red letters not less than six inches in height and, if the towing vehicle is also carrying explosives, each side of the towing vehicle or its load shall bear a similar signboard.
The towing vehicle to which the trailer is attached shall be fitted with a drawbar, hook or pin coupling and two double “C” hooks or shackles to which the safety chains may be coupled.
The towing vehicle shall be equipped with two efficient fire extinguishers, one of which is suitable for use on a fire in the motor and the other of which is suitable for use on an incipient fire in the load.
Part II.—Approved Vehicles.
The motor of the vehicle shall not be driven by a fuel other than—
(a) petrol; or
(b) oil fuel of a type that does not give off an inflammable vapour at a temperature of less than 150° Fahrenheit.
All electrical wiring under or on that part of the body carrying the load shall be enclosed in screwed metal conduit or heavy duty plastic tubing.
If the vehicle is of the type known as a semi-trailer, the vehicle—
(a) shall not be fitted with an electric storage battery in a position directly below that part of the body that carries the load;
(b) shall not be fitted with an exhaust pipe that extends beneath, or comes in contact with, that part of the body that carries the load; and
(c) shall not be fitted with a fuel tank in a position directly below that part of the body that carries the load unless the fuel tank is wholly mounted on that part of the vehicle known as the prime mover.
If the vehicle is not a vehicle of the type known as a semi-trailer—
(a) neither the electric storage battery nor the fuel tank shall be in a position directly below that part of the body that carries the load; and
(b) the exhaust pipe shall not extend beneath, or come in contact with, that part of the body that carries the load.
When the vehicle is carrying explosives, the front of the vehicle or the prime mover, the rear of the vehicle or its load and each side of the vehicle or its load shall bear in a conspicuous position a signboard painted white and bearing the word “Explosives” in red letters not less than six inches in height.
The vehicle shall be equipped with two efficient fire extinguishers, one of which is suitable for use on a fire in the motor and the other of which is suitable for use on an incipient fire in the load.
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THIRD SCHEDULE.
Regulation 46.
REQUIREMENTS AS TO FREIGHT CONTAINERS.
The container shall be constructed of light-weight metal.
The container shall have a carrying capacity exceeding four hundred and fifty cubic feet and shall be capable of carrying a load exceeding six tons.
The container shall not be collapsible.
THIRD SCHEDULE—continued.
The container shall be weatherproof.
The container shall be capable of being securely locked to protect the contents against theft.
The container shall be fitted with attachments to enable it to be lifted by mechanical means.
The container shall be fitted with attachments to enable it to be tied down during transportation.
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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
Division Div 5 - Explosives Regulations - Miscellaneous. | Zoe