• Lawyers in Sydney
• Lawyers in Melbourne
• Lawyers in Brisbane
• Lawyers in Perth
• Family lawyers
• Employment lawyers
• Criminal lawyers
• Wills and estates lawyers
• Find a lawyer

Division 4—Unloading

45. Inspection of explosives

46. Measures to be taken after unloading

Division 5—Miscellaneous

47. Vehicle engine not to operate during loading etc.

48. Vehicles not to be left unattended etc.

49. Certain persons not to attend loading etc.

PART 3—RAIL TRANSPORT

Division 1—General

50. Interpretation

51. Small loads

52. Supervision of loading and unloading

Division 2—Loading

53. Supervisor’s responsibility

54. Packaging and labelling

55. Requirements for rail vehicles

56. Rail vehicles not to carry other dangerous goods

57. Loading of unboxed ammunition in metal containers

58. Segregation of explosives

59. Safeguarding the load etc.

Division 3—Transportation

Regulation

60. Supervision of transportation by rail

61. Maximum loads

62. Explosives not to be carried on passenger trains

63. Segregation etc. of explosives on goods trains

Division 4—Unloading

64. Inspection of explosives

65. Unloading and storage of explosives

66. Measures to be taken after unloading

Division 5—Miscellaneous

67. Certain persons not to attend loading etc.

PART 4—BERTHING OF VESSELS

68. Directions

PART 5—ORDERS

69. Orders

PART 6—COMMONWEALTH EXPLOSIVES TRANSPORT COMMITTEE

70. Interpretation

71. Commonwealth Explosives Transport Committee

72. Function of Committee

73. Powers of Committee

74. Membership

75. Senior Member and Deputy Senior Member

76. Resignation

77. Deputies of members

78. Meetings

PART 7—MISCELLANEOUS

79. Packing explosives for transportation

80. Intoxicating liquor and drugs

81. Prohibition against smoking and other fire hazards

82. Handling of certain explosives

83. Damaged packaging

84. Certificate that containers are free from explosives

85. Empty containers not certified as free from explosives

86. Delegation

87. Repeal

SCHEDULE 1

CLASSIFICATION OF EXPLOSIVES

SCHEDULE 2

MAXIMUM NET EXPLOSIVE QUANTITY, IN KILOGRAMS, OF COMBINED LOADS

SCHEDULE 3

REQUIREMENTS FOR ROAD VEHICLES USED IN TRANSPORTING COMMONWEALTH EXPLOSIVES

Statutory Rules 1991 No. 3291

__________________

Explosives Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Explosives Act 1961.

Dated 22 October 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BOB BROWN

Minister of State for Land Transport

____________

PART 1—PRELIMINARY

Citation

1. These Regulations may be cited as the Explosives Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

“articulated vehicle” means a road vehicle that consists of:

(a) a motor vehicle and a semi-trailer that is attached to the motor vehicle; or

(b) a motor vehicle and 2 semi-trailers, if 1 of the semi-trailers is attached to the other semi-trailer and that other semi-trailer is attached to the motor vehicle;

“Australian Code” means the Australian Code for the Transport of Dangerous Goods by Road and Rail published in the Gazette, No. P 15, on 7 April 1987;

“authorised person” means a person who is, because of an appointment under regulation 9, an authorised person for the purposes of the provision in which the expression is used;

“Commonwealth explosives” means explosives to which Part II of the Act applies;

“Commonwealth explosives area” has the same meaning as in Part III of the Act;

“Competent Authority” means a person appointed under regulation 10 to be a Competent Authority;

“dangerous goods” means goods that bear a fire, corrosive, radioactive, explosive, poisonous, toxic, oxidising or infectious risk;

“division”, in relation to explosives specified in Schedule 1, means the U.N. hazard division in which, under regulation 4, those explosives are included;

“freight container” means a receptacle that:

(a) is designed to be:

(i)used repeatedly in the transportation of packaged or bulk goods; and

(ii) transferred, in the course of that transportation, between different means of transport; and

(iii) secured to a vehicle on which the receptacle is designed to be transported; and

(b) has steel external surfaces; and

(c) is not collapsible; and

(d) is weatherproof; and

(e) is fire resistant; and

(f) is capable of being sealed and locked;

“group”, in relation to explosives specified in Schedule 1, means the U.N. compatibility group in which, under regulation 4, those explosives are included;

“handling” has the same meaning as in Part I of the Act;

“hazard classification code”, in relation to explosives specified in Schedule 1, means the U.N. hazard classification code applicable, under regulation 4, to those explosives;

“mechanical handling vehicle” means a forklift truck, mobile crane, gantry crane, dump truck, tractor trolley, motorised jack, a vehicle commonly known as a toodle or any other vehicle designed to be used for the mechanical handling of goods;

“motor vehicle” means a road vehicle that has, or is designed to have, as its principal means of propulsion, its own source of power, being a source of power other than human or animal power;

“net explosive quantity”, in relation to Commonwealth explosives, means the mass of the explosive matter contained in the explosives;

“N.O.S.”, in an item in Schedule 1, means not otherwise specified;

“prescribed marking”, in relation to explosives, means a marking or label that:

(a) is diamond-shaped and (except if the marking has been stencilled onto the surface to which it is affixed) of a light orange background colour; and

(b) includes:

(i) at the top a symbol, coloured black, depicting a bursting bomb and, below that symbol, printed in black capital letters, the word “EXPLOSIVE”; and

(ii) in the lower half of the label, printed in black characters:

(A) if the label relates to a quantity of explosives comprising explosives that are included in different divisions and groups—the division in which those explosives are together included in accordance with subregulation 21 (6); and

(B) in any other case—the hazard classification code of the explosives contained in the package to which the label is affixed; and

(c) is of an appropriate size, namely:

(i)if the net content of the package weighs 0.5 kilogram or less, not less than15 millimetres square; and

(ii) if the net content of the package weighs more than 0.5 kilogram but not more than 5 kilograms, not less than 20 millimetres square; and

(iii) if the net content of the package weighs more than 5 kilograms but not more than 20 kilograms, not less than 30 millimetres square; and

(iv) if the net content of the package weighs more than 20 kilograms, not less than 100 millimetres square; and

(v) if the prescribed marking is affixed to the external surface of a freight container, not less than 250 millimetres square; and

(vi) if the prescribed marking is affixed to the external surface of a road vehicle, not less than 250 millimetres square; and

(vii) if the prescribed marking is affixed to the external surface of a rail vehicle, not less than 100 millimetres square; and

(d) is stencilled or printed with waterproof materials onto:

(i)the external surface of the packaging; or

(ii) a weatherproof plate that is firmly adhered to the external surface of the packaging;

“railway authority”, in relation to a railway system, means the authority that, or the person who, has the direction and control of the railway system;

“rail vehicle” means a vehicle of a kind used for transporting goods on a railway;

“RDX” means the explosive substance known as cyclotrimethylene trinitramine;

“road vehicle” means a vehicle of a kind used for transporting goods on a road and includes a mechanical handling vehicle;

“semi-trailer” means a trailer that is so constructed that:

(a) the front of the trailer can be attached to a motor vehicle in such a manner that the trailer is superimposed on the motor vehicle at the point of attachment and pivots about that point of attachment; and

(b) if the trailer is attached to a motor vehicle, the load of the trailer is borne:

(i)at the rear of the trailer by an axle system forming part of the trailer; and

(ii) at the front of the trailer by the motor vehicle to which the trailer is attached;

“supervisor”, in relation to the handling of Commonwealth explosives, or a part of that handling, means a person appointed under subregulation 11 (1) to supervise that handling, or that part of that handling, as the case may be;

“the Act” means the Explosives Act 1961;

“trailer” means a road vehicle without motive power that is designed to be attached to a motor vehicle;

“U.N. classification system” means the system of classification commonly known as the United Nations classification system for dangerous goods as specified in the Recommendations on the Transport of Dangerous Goods (seventh revised edition, 1991) published by the United Nations as document ST/SG/AC.10/1/Rev.7;

“U.N. number” means a number allotted to a substance or article in accordance with the U.N. classification system;

“vessel” has the same meaning as in Part II of the Act.

Substances prescribed to be explosives

3. For the purposes of paragraph (b) of the definition of “explosives” in section 5 of the Act, each substance or article specified in column 2 of Schedule 1 that is not capable of producing an explosive, incendiary or pyrotechnic effect is prescribed.

Classification of explosives

4. In these Regulations:

(a) explosives are classified, for the purpose of adopting, as far as practicable, the U.N. classification system, by U.N. hazard division and U.N. compatibility group; and

(b) explosives specified by name (in column 2) and U.N. number (in column 3) in an item in Schedule 1:

(i)are included in the U.N. hazard division specified (in column 4) in that item; and

(ii) are included in the U.N. compatibility group specified (in column 5) in that item; and

(iii) have the hazard classification code consisting of the relevant U.N. hazard division number followed immediately by the relevant U.N. compatibility group letter.

Regulations not to apply in certain circumstances

5. (1) These Regulations do not apply to:

(a) the handling of Commonwealth explosives in a place:

(i)that is permanently occupied by a part of the Defence Force; or

(ii) that is declared by the Minister to be a defence practice area under regulation 49 of the Defence Force Regulations; or

(iii) where explosives are manufactured or tested; or

(iv) that is declared by the Minister in writing to be a place to which these Regulations do not apply; or

(b) the transport, between a place where a part of the Defence Force is temporarily encamped for the purposes of a particular training exercise and a nearby place where that training exercise is being, or is to be, carried out, on a vehicle forming part of the equipment of that part of the Defence Force, of Commonwealth explosives to be used for the purposes of that training exercise; or

(c) the transport of an explosives demolition kit by the Defence Force for the demolition of explosives in an emergency.

(2) In this regulation, “Defence Force” includes a naval, military or air force of a country other than the Commonwealth that is in the Commonwealth or an external Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.

Samples

6. (1) Subject to subregulation (2) and to orders made by the Minister under regulation 69, these Regulations apply without modification to samples of Commonwealth explosives.

(2) A Competent Authority may give directions in writing in relation to the handling of samples of Commonwealth explosives of kinds that are not specified in Schedule 1, and such a declaration has effect:

(a) in relation only to the particular sample or samples specified in it; and

(b) for such period, not exceeding 90 days, as is specified in it.

Saving of laws of States and Territories

7. These Regulations and orders made under regulation 69 are not intended to exclude or limit the concurrent operation of any law of a State or Territory.

Handling of certain explosives prohibited

8. (1) A person must not knowingly handle, except in accordance with the directions of a Competent Authority, packaged Commonwealth explosives, being explosives specified in Schedule 1, if:

(a) the packaging is not of a kind approved by a Competent Authority; or

(b) the hazard classification code and U.N. number applicable to the explosives, and the name of the explosives as specified in column 2 of Schedule 1, are not clearly visible on an external surface of the packaging.

(2) A person must not handle Commonwealth explosives that are not specified in Schedule 1, except in accordance with the directions of a Competent Authority.

Authorised persons

9. The Minister or a Competent Authority may, in writing, appoint:

(a) a specified person; or

(b) a person for the time being holding or performing the duties of a specified office or position; or

(c) a person included in a specified class of persons;

to be an authorised person for the purposes of a specified provision of these Regulations.

Competent Authority

10. (1) The Minister may, in writing, appoint a person, being:

(a) a Senior Executive Officer within the meaning of the Public Service Act 1922; or

(b) a commissioned officer of the Defence Force, being an officer of at least the rank of Commodore, Brigadier or Air Commodore;

to be either or both of the following:

(c) a Competent Authority for the purposes of regulation 69;

(d) a Competent Authority for the purposes of these Regulations, other than regulation 69.

(2) An appointment under paragraph (1) (c) may be limited to the power to make orders in accordance with regulation 69 in relation to a particular matter, or class of matters, or to a particular place and has effect subject to such conditions or restrictions (if any), as are specified in the instrument of appointment.

Supervisors

11. (1) Subject to subregulations (2) and (3), an authorised person must, in relation to the handling of Commonwealth explosives to which the appointment of that authorised person relates or in relation to

This is an opening excerpt, not the complete document.