Schedule 2—Particulars for security plans required by the Authority
Regulations 204 and 207
1 The prescribed particulars to be included in a security plan are—
(a) the precautions to ensure explosives are secure at all times; and
(b) the names of all persons (including those employed or engaged by the licensee) who are allowed by the licensee to have access to explosives; and
(c) the procedures for amending the security plan by the addition of names of new persons having access to explosives or the removal of the names of persons who no longer have access to explosives; and
(d) the procedures for instructing persons who are employed or engaged by the licensee and have access to explosives with regard to the security plan; and
(e) the details of a person who is designated to be responsible for maintaining the security plan; and
(f) the system for recording details of and reconciling incoming, manufactured and outgoing quantities of explosives; and
(g) the procedures for reporting to authorities (including the police and the Authority) any theft, attempted theft or unexplained loss of explosives or any other security incident involving explosives; and
(h) the systems or precautions that are in place to ensure that explosives are only received from a licensee authorised to sell, import or use the explosives and that the explosives are delivered to a person who is licensed under these Regulations.
2 Additional requirements for a licence to transport explosives by road or rail are—
(a) the precautions in place to ensure that, if explosives are temporarily stored during the loading or transport process, they are kept in a secure storage identified in the security plan; and
(b) the precautions in place to ensure that explosives are transported at all times in locked containers or under constant surveillance by electronic means or by the licensee; and
(c) the procedures for undertaking sealing of explosives, if required by the security plan, and for regular assessments of sealing procedures to monitor their effectiveness; and
(d) the system to monitor the location of the consignment during transportation; and
(e) the systems and procedures in place to record—
(i) persons authorised to drive road vehicles transporting explosives; and
(ii) the vehicles used for transporting explosives by road or rail on which seals can be fitted to detect entry to the vehicle; and
(iii) that explosives are only delivered to licensed persons; and
(iv) details of consignments by road or rail including—
(A) seal numbers and any changes in seals necessary for part deliveries; and
(B) accurate weight measurement or other reconciliation (for example, the number of bags) of all explosives at loading and unloading; and
(C) confirmation on a load-by-load basis of whether the load was delivered with all seals and locks intact; and
(D) the system that ensures that both returns of explosives of merchantable quality and spillage recovery are accurately documented and appropriately accounted for; and
(f) the protocols that are in place to refuse loading of any vehicle that is not included in the record of vehicles under item (e)(ii); and
(g) when explosives are being transported by road, there are procedures in place to ensure that the vehicle is not left unattended unless—
(i) the vehicle is left at a secure site; and
(ii) the explosives are in a locked container; and
(iii) the relevant locks are sealed with numbered seals to assist in the detection of theft or attempted theft; and
(h) when explosives are being transported by rail, there are procedures in place to ensure that, unless the explosives are under constant supervision—
(i) they are transported in locked containers or in locked rail cars; and
(ii) all openings of the containers or rail cars are sealed with substantial tamper-proof seals that require forceful breakage to enter the container or rail car; and
(iii) consignments have a schedule so that the location of the container or rail car is continually monitored for the duration of the transport; and
(i) when explosives are being transported by rail, there are procedures in place to ensure that, unless explosives are under constant supervision, a licensed person is present—
(i) at the dispatch and receipt of explosives; and
(ii) at any time when containers need to be opened before they reach their destination.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Dangerous Goods (Explosives) Regulations 2022, S.R. No. 41/2022 were made on 7 June 2022 by the Lieutenant‑Governor as the Governor's deputy, with the advice of the Executive Council, under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 18 June 2022: regulation 3.
The Dangerous Goods (Explosives) Regulations 2022 will sunset 10 years after the day of making on 7 June 2032 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Dangerous Goods (Explosives) Regulations 2022 by statutory rules, subordinate instruments and Acts.
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 41/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5 (definition of ***AS 2187***) | Australian Standard 2187, Explosives—Storage, transport and use, published by Standards Australia, as amended from time to time | The whole |
| Regulation 5 (definitions of ***Class A protected work***, ***Class B protected work***) | Australian Standard 2187.0, Explosives—Storage, transport and use—Part 0: Terminology, published by Standards Australia, as amended from time to time | The whole |
| Regulation 5 (definition of ***AS 2187***) and regulations 43, 57, 84, 90 and 92–95 | Australian Standard 2187.1, Explosives—Storage, transport and use—Part 1: Storage, published by Standards Australia, as amended from time to time | The whole |
| Regulation 5 (definition of ***AS 2187***) and regulations 46, 47, 52, 129–131, 136 and 162 | Australian Standard 2187.2, Explosives—Storage and use—Part 2: Use of explosives, published by Standards Australia, as amended from time to time | The whole |
| Regulation 5 (definition of ***AS 2187***) and regulations 151, 155, 157, 159, 160 and 162 | Australian Standard 2187.4, Explosives—Storage, transport and use—Part 4: Pyrotechnics—Outdoor displays, published by Standards Australia, as amended from time to time | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5 (definition of ***AS 3846***) and regulations 169–174 | Australian Standard 3846, The handling and transport of dangerous cargoes in port areas, published by Standards Australia, as amended from time to time | The whole |
| Regulation 5 (definition of ***Assessing Fitness to Drive Medical Standards***) and regulations 183 and 200 | Assessing Fitness to Drive for commercial and private vehicle drivers, 2016, Medical standards for licensing and clinical management guidelines, published by Austroads Ltd, as amended from time to time | The whole |
| Regulation 5 (definitions of ***Australian Explosives Code*** or ***AEC***, ***Class***, ***Classification Code***, ***Hazard Division***) and regulations 8, 9, 11, 23, 32, 33, 43, 63, 100, 109, 113–116, 174 and 188 | Australian Code for the Transport of Explosives by Road and Rail, prepared by the Australian Forum of Explosives Regulators and endorsed by the Workplace Relations Ministers' Council, as amended from time to time | The whole |
| Regulation 5 (definitions of ***Class Label***, ***UN number***) | Australian Code for the Transport of Dangerous Goods by Road and Rail, as in force from time to time | The whole |