Dangerous Substances (Explosives) Regulation 2004

Schedule 2 Safety management systems 203 2.1 Elements of the safety management system 203 2.2 Safety policy and safety objectives 204 2.3 Organisational structure and personnel 204 2.4 Operational controls 205 2.5 Management of change 206 2.6 Performance monitoring 206 2.7 Audit 207 Dictionary 208 1 About the endnotes 225 2 Abbreviation key 225 3 Legislation history 226 4 Amendment history 230 5 Earlier republications 242

1 Name of regulation This regulation is the Dangerous Substances (Explosives) Regulation 2004.

3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.’ means that the term ‘road’ is defined in that dictionary and the definition applies to this Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this regulation is explanatory and is not part of this Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5 Disapplication of Legislation Act, s 47 (5) The Legislation Act, section 47 (5) does not apply in relation to the following instruments applied, adopted or incorporated under this regulation: (a) an Australian Standard;

Preliminary Part 1.1 (b) Assessing Fitness to Drive; (c) the UN Test Manual.

6 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Division 1.2.1 Explosives and dangerous substances Division 1.2.1 Explosives and dangerous substances 7 Meaning of explosive—Act, s 73 (1) In the Act (including this regulation): explosive means a dangerous substance that is— (a) an explosive substance, or an explosive article, as defined in subsection (3); or (b) an explosive substance, or an explosive article, within the meaning of the UN Test Manual; or (c) a substance or article listed as class 1, or as having a subsidiary risk of class 1, in the Australian Explosives Code, appendix 2; or (d) a substance or combination of substances, or an article, determined by the Minister to be an explosive; or (e) a firework. Note Dangerous substance is defined in the Act, s 10. See also s 8, which expands that definition. (2) A determination by the Minister under subsection (1) (d) is a (3) In subsection (1), definition of explosive, paragraph (a): explosive article means an article containing 1 or more explosive

Explosives and dangerous substances Division 1.2.1 explosive substance— (a) means a solid or liquid substance, or a mixture of substances, that is in itself capable by chemical reaction of producing gas at such a temperature and pressure, and at such a speed, as to cause damage to the surroundings; and (b) includes a pyrotechnic substance, even if the pyrotechnic substance does not evolve gas.

8 Meaning of dangerous substance—Act, s 10 (1) (h) (1) In the Act (including this regulation): dangerous substance includes an unstable explosive article or substance. (2) A firework is a dangerous substance.

9 Unstable explosives unstable explosive article or substance means an explosive article or explosive substance that is rejected for classification into hazard division 1.1 to 1.6 under the UN Test Manual because it is thermally unstable or too dangerous to transport. explosive article—see section 7 (3). explosive substance—see section 7 (3).

10 Hazard divisions hazard division, of an explosive, means— (a) the hazard division of the explosive under this section; or (b) if the explosive is stored or carried with an explosive of a different hazard division under this section—the collective hazard division worked out under section 16. (2) Explosives may be classified into hazard divisions as follows: (a) hazard division 1.1—explosives that have a mass explosion hazard; (b) hazard division 1.2—explosives that have a projection hazard, but not a mass explosion hazard; (c) hazard division 1.3—explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard; (d) hazard division 1.4—explosives that present only a small hazard if ignited or initiated, with the effects largely confined to the package, and no expected projection of fragments of appreciable size or range; (e) hazard division 1.5—very insensitive explosive substances that have a mass explosion hazard; (f) hazard division 1.6—very insensitive explosive articles that do not have a mass explosion hazard.

Classification of explosives Division 1.2.2

11 Compatibility group compatibility group, of an explosive, means the letter showing the compatibility group for the explosive under the Australian Explosives Code. Note The explosives that can and cannot be safely carried or stored together may be worked out by reference to their compatibility group.

12 Classification code classification code, of an explosive, means a code consisting of the explosive’s hazard division number followed by its compatibility group. The hazard division for an explosive article containing only extremely insensitive detonating substances is 1.1. The article’s compatibility group is D. Its classification code is 1.1D.

13 Method of classification of explosives (1) Subject to section 14 (Default classification of explosives), the classification of an explosive must be worked out by an independently verified test carried out in accordance with the UN Test Manual. (2) If the classification of an explosive for this regulation is worked out by a test under subsection (1), the classification only applies when the explosive— (a) is packaged (or not packaged) as it was when tested; and (b) is in the form it was in when tested.

14 Default classification of explosives (1) This section applies if the classification of an explosive has not been worked out by an independently verified test carried out in accordance with the UN Test Manual. (2) The classification of the explosive is taken to be hazard division 1.1, unless the explosive is a firework to which subsection (3) applies. (3) If the Minister determines criteria for working out the classification of a firework for this section the hazard division of the firework is taken to be the hazard division worked out in accordance with the criteria. (4) A determination by the Minister under subsection (3) is a (5) This section does not apply to an unstable explosive article or substance.

15 Detonators, classification 1.4 For this regulation, a detonator that would otherwise be of classification code 1.4B or 1.4S is taken to be of classification code 1.1B if it is not in its original unopened packaging.

16 Collective hazard divisions—explosives stored or carried together (1) For this regulation, and for any instrument applied, adopted or incorporated under this regulation, if explosives of 2 or more different hazard divisions are stored or carried together, the hazard division of the explosives (the collective hazard division) must be worked out in accordance with this section. (2) The collective hazard division of explosives of 2 different hazard divisions (primary hazard divisions) is the hazard division shown in table 16 at the intersection of the row and column corresponding to the primary hazard divisions of each of the explosives.

Classification of explosives Division 1.2.2 Table 16 Collective hazard divisions item primary hazard division 1.1 1.2 column 5 1.3 column 6 1.4 column 7 1.5 column 8 1.6 1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 2 1.2 1.1 1.2 1.1 1.2 1.1 1.2 3 1.3 1.1 1.1 1.3 1.3 1.1 1.3 4 1.4 1.1 1.2 1.3 1.4 1.5 1.6 5 1.5 1.1 1.1 1.1 1.5 1.5 1.5 6 1.6 1.1 1.2 1.3 1.6 1.5 1.6

(3) The collective hazard division of explosives of more than 2 different primary hazard divisions is the hazard division (the final collective hazard division) worked out as follows: (a) step 1—work out the collective hazard division (the initial collective hazard division) of any 2 of the different primary hazard divisions in accordance with subsection (2); (b) step 2—work out the collective hazard division (the subsequent collective hazard division) of a 3rd different primary hazard division and the initial collective hazard division, in accordance with subsection (2); (c) further steps (if necessary)—continue working out subsequent collective hazard divisions in the same way as in step 2 until all different primary hazard divisions have been considered; (d) final step—the final collective hazard division is the subsequent collective hazard division worked out when the last different primary hazard division has been considered.

17 Hazard division 1.6 (1) For this regulation, if different kinds of explosive articles of hazard division 1.6 are stored or carried together, their collective hazard division is taken to be hazard division 1.1, unless subsection (2) applies. (2) The collective hazard division of the explosive articles may be treated as hazard division 1.6 if the person seeking to treat them in that way establishes that it is proved by testing or analogy that there is no additional risk of sympathetic detonation between the articles.

Other concepts Division 1.2.3

18 Classification of articles For this regulation, if an explosive substance is securely contained within an explosive article— (a) the substance is taken to be a part of the article; and (b) the substance is taken not to be an independent explosive.

19 Licensing—meaning of application and issue application, for a licence authorising the handling of explosives, includes an application for the amendment of the licence to give the applicant a new handling authority for the explosives. issue, of a licence giving the licensee a particular kind of handling authority, includes the amendment of a licence to give the licensee that kind of handling authority in addition to another kind or kinds of handling authority given by the licence. Note The following terms are defined in the Act as follows: • handle a dangerous substance (including an explosive) means to deal with the substance in a wide variety of ways (see Act, s 11) • handling authority is a kind of handling of a dangerous substance that is authorised by a licence (see Act, s 56 (1) (d)) • licence is a licence issued under the Act (see Act, dict).

20 Meaning of ensure (1) This section applies if a provision of this regulation requires a person to ensure that something is or is not done in relation to an explosive. (2) The requirement is satisfied if the person takes reasonable steps to eliminate the hazards, and eliminate or minimise the risks, that might result if the requirement were not met.

(3) Subsection (2) does not limit the ways in which the requirement may be satisfied. Note The following terms are defined in the Act: • hazard (see s 15 (1)) • risk (see s 15 (2)) • reasonable steps (see s 16).

21 References to quantities of explosives (1) In this regulation, a reference to a quantity of explosive by weight is a reference to the gross quantity of the explosive (including the packaging), unless the NEQ of the explosive is expressly referred to. Note NEQ is the net explosive quantity (see dict, def NEQ). (2) In the following standards, as applied by this regulation, a reference to the NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including the packaging): (a) AS 2187.0; (b) AS 2187.1; (c) AS 2187.2; (d) AS 2187.4.

22 Reports to chief officer (fire and rescue service) and chief officer (rural fire service) (1) This section applies if this regulation is expressed to require information (including a notice or report) to be given to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate. (2) If the information relates to explosives that may present a hazard or risk in a built-up area, the information must be given to the chief officer (fire and rescue service).

Other concepts Division 1.2.3 (3) If the information relates to explosives that may present a hazard or risk in a rural area, the information must be given to the chief officer (rural fire service). (4) If the information relates to explosives that may present a hazard or risk in both a built-up area and a rural area, the information must be given to both the chief officer (fire and rescue service) and the chief officer (rural fire service). built-up area—see the Emergencies Act 2004, section 6A. rural area—see the Emergencies Act 2004, section 6B.

22A Security definitions adverse security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35. close associate, of a person—see the Act, section 48. qualified security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35. security cleared responsible person—a person is a security cleared responsible person in relation to an explosive if— (a) the person is a responsible person for the explosive; and (b) the person is an adult; and (c) an adverse security assessment or qualified security assessment has not been given in relation to the person or a close associate of the person; and (d) the person has not been convicted or found guilty in the ACT or elsewhere within the previous 5 years of an offence involving— (i) a dangerous substance; or

(ii) a firearm; or (iii) actual or threatened violence; or (iv) fraud or dishonesty. Note The Act, s 18 defines a responsible person for a dangerous substance (including an explosive) as a person in control of the handling of the substance, premises where the substance is handled, or plant or a system for handling the substance. security plan, for a licence, means a security plan for handling an explosive under the licence— (a) in the form required to be included in an application for the licence; and (b) as amended from time to time under this regulation. security risk assessment, in relation to the handling of an explosive, means a written assessment that identifies and assesses the security risks (external and internal) associated with the handling of the unsupervised access—a person has unsupervised access to an explosive if the person has access to the explosive when not under the supervision of a person who— (a) holds a licence for this regulation; or (b) is a security cleared responsible person.

General duties Part 2.1

23 Misuse of explosives (1) A person commits an offence if— (a) the person— (i) uses an explosive in a way that produces an explosive effect; or (ii) modifies an explosive so that it can produce an explosive effect; and (b) the explosive was not designed to produce that explosive effect. (2) In a prosecution for an offence against subsection (1), if the explosive is an authorised explosive, an entry in the register describing the explosive effect for which the explosive is designed is evidence of that fact. (3) This section does not apply if the person is authorised under a licence or this regulation to use or modify the explosive in the way mentioned in subsection (1) (a).

24 Explosives incidents—reporting damage or injury (1) If someone is injured or dies, or property is damaged, as a direct or indirect result of an explosion, fire or other incident involving explosives (including injury or damage resulting from the ignition or firing of fireworks) a responsible person for the explosives must— (a) if there is a fire, immediately notify the incident to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate; and (b) without delay, tell the work health and safety commissioner and a police officer about the incident; and (c) if asked by an inspector, within 48 hours after the request give a report of the incident to the inspector setting out the details of the incident and the injury or damage. Note Responsible person, for a dangerous substance (including an explosive) is defined in the Act, s 18. (2) If there are 2 or more responsible people for the explosives, compliance by any 1 or more of them with subsection (1) is taken to be sufficient compliance with this section.

25 Loss or theft of explosives—reporting (1) A responsible person for an explosive, on becoming aware of an incident of theft or loss at premises where the explosive is stored, (a) without delay, tell the work health and safety commissioner and a police officer about the incident; and

General duties Part 2.1 (b) as soon as practicable, give a written report to the work health and safety commissioner setting out the details of the incident and describing the kind and amount of any explosives lost or stolen. Note 1 Premises are defined in the Act, dict, to include land, structures and vehicles. Note 2 Responsible person, for a dangerous substance (including an explosive) is defined in the Act, s 18. (2) This section does not apply to explosives that are general use incident of theft or loss, at premises, means— (a) the theft or loss of explosives from the premises; or (b) a break-in to the premises; or (c) an attempt to do something mentioned in paragraph (a) or (b).

26 Authorised explosives—Act, s 73 (1) In this regulation— authorised explosive means— (a) an explosive declared by the Minister or the work health and safety commissioner under this part to be authorised; or (b) a general use firework; or (c) ANFO, if it is manufactured under a shot-firer licence, in accordance with the prescribed condition of the licence mentioned in section 187 (1) (c). (2) An authorised explosive is a controlled dangerous substance for the Act.

27 Prohibited explosives—Act, s 73 (1) The following explosives are prohibited explosives for the Act: (a) an explosive declared by the Minister; (b) any other explosive that is not an authorised explosive. (2) A declaration by the Minister for subsection (1) (a) is a disallowable instrument. Note 1 A prohibited explosive is a prohibited dangerous substance for the Act (see Act, s 73, def prohibited dangerous substance, par (a)). Note 2 A prohibited firework cannot be an authorised explosive (see s 29 (2) and s 31). Prohibited fireworks are those mentioned in s 262.

Ministerial declarations—authorised explosives Division 2.2.2

Division 2.2.2 Ministerial declarations—authorised

29 Authorisation—Ministerial declarations (1) The Minister may declare an explosive to be authorised. (2) However, the Minister must not declare a prohibited firework to be authorised. (3) A declaration for an explosive must not mention the composition, quality or character of the explosive. (4) A declaration is a disallowable instrument. Note The work health and safety commissioner may also declare an explosive to be authorised (see s 31). Division 2.2.3 Work health and safety commissioner declarations—authorised explosives

30 Authorisation requests (1) A person may ask the work health and safety commissioner, in writing, to authorise an explosive. (2) The following information and documents must accompany the request: (a) the person’s name and contact details; (b) a description of the explosive, including each of the following: (i) the explosive’s name; (ii) the explosive’s composition, formulation, NEQ and (for a firework) pyrotechnic composition; (iii) the explosive’s UN number and classification code, if known and unless it is an unstable explosive article or substance;

(iv) for explosive articles—a diagram showing the construction of the explosive (for example, a cutaway drawing showing each component); (c) the use for which the explosive is intended; (d) the following details about the explosive’s manufacture or import: (i) if the explosive is manufactured in Australia—the name, address and ABN number of the manufacturer who is to supply the explosive; (ii) if the explosive is manufactured outside Australia—the name of the manufacturer and the name, address and ABN number of the importer who is to supply the explosive; (e) details of any performance and testing of the explosive, in accordance with the UN Test Manual; (f) if the explosive is to be handled in a packaged form—details about the packaging including the following: (i) the method of marking the packaging; (ii) the number of explosives in each form of packaging in which the explosive is handled; (iii) the results of any testing of the packaging under the Australian Explosives Code, and any approval number assigned to the packaging under the code; (g) a copy of a safety data sheet for the explosive, or equivalent information if no safety data sheet is available; (h) any other information or documents required by a form for the request approved under the Act, section 222.

(3) However, if the request is for temporary authorisation of an explosive for manufacture and field trials, the request— (a) must be accompanied by a statement of— (i) the reason for seeking temporary authorisation; and (ii) the period for which temporary authorisation is sought; and (b) may omit any information or documents otherwise required by subsection (2) if they cannot be included because of the nature of the request. Note If the UN number and classification code, and details of any performance and testing of the explosive in accordance with the UN Test Manual, is unavailable for an explosive for which authorisation is sought, the explosive will be assigned a default classification under s 14. (3) The work health and safety commissioner may exercise the same powers in relation to a request for the authorisation of an explosive as the work health and safety commissioner may exercise in relation to an application for a licence under the Act, section 51 (Power to ask for information from applicants, licensees and others).

31 Authorisation—work health and safety commissioner declarations (1) On a request under section 30, the work health and safety commissioner may declare an explosive to be authorised. Note The Minister may also declare an explosive to be authorised (see s 29). (2) A declaration for an explosive must not mention the composition, quality or character of the explosive.

32 Authorisation decision-making (1) Before making a declaration under section 31, the work health and safety commissioner must— (a) define the composition, quality and character of the explosive; and

(b) assign a classification code to the explosive, unless the explosive is an unstable explosive article or substance. Note Section 13 (Method of classification of explosives) and s 14 (Default classification of explosives) deal with the method of classification to be applied here. (2) The work health and safety commissioner may refuse a request for authorisation if any required information, or any required document, is not given with the request. (3) The work health and safety commissioner must not authorise an explosive if— (a) the explosive is a prohibited firework; or (b) for any explosive— (i) the explosive is declared by the Minister to be a prohibited explosive for the Act, under section 27; or (ii) the work health and safety commissioner is satisfied that the authorisation of the explosive would be inconsistent with the purpose stated in the Act, section 6 (1); or (iii) the explosive does not meet any criteria determined by the Minister by notice. Note The Act, s 6 (1) states that the purpose of the Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances. Explosives are dangerous substances (see s 7). (4) A determination by the Minister for subsection (3) (b) (iii) is a

33 Decision to refuse to authorise—ACAT review (1) A decision of the work health and safety commissioner to refuse a request for authorisation is a reviewable decision for the Act, (2) The person requesting authorisation is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review).

34 Register of authorised explosives (1) The work health and safety commissioner must keep a register of authorised explosives. (2) The register must include the following information about each authorised explosive: (a) its name; (b) a manufacturer or importer of the explosive, if identifiable; (c) its composition, quality and character; (d) a description of its explosive effect; (e) its UN number and classification code, unless it is an unstable explosive article or substance; (f) if it is an unstable explosive article or substance—the nature of its instability; (g) if the authorisation is temporary—the period of authorisation; (h) a unique authorisation number. (3) The register is open to inspection only by the work health and safety commissioner or a person authorised by the work health and safety

(4) However, the work health and safety commissioner must give a list of authorised explosives to anyone who asks for it. (5) The list must not mention the composition, quality or character of the explosives listed.

35 End of authorisation (1) The authorisation of an explosive ends— (a) for a temporary authorisation—at the end of the period of authorisation; or (b) for any explosive—if it is revoked under this section. (2) The work health and safety commissioner may revoke the authorisation of an explosive— (a) at the written request of the person at whose request the explosive was authorised; or (b) at the written request of a manufacturer of the explosive; or (c) if satisfied that the explosive, as currently handled in the ACT, no longer has the composition, quality or character registered for the explosive under section 34. (3) A decision of the work health and safety commissioner to revoke the authorisation of an explosive is a reviewable decision for the Act, (4) The person at whose request the explosive was authorised is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review). (5) As soon as practicable after the end of the authorisation of an explosive, the work health and safety commissioner must amend the register accordingly.

36 Disposal of explosives after authorisation revoked (1) If the work health and safety commissioner intends to revoke the authorisation of an explosive, the work health and safety commissioner must, no later than 4 weeks before the intended date of revocation, give each person in the ACT known to be handling the explosive written notice of that intention (a notice of revocation) stating that the person is required to dispose of the explosive on or before the intended date of revocation by— (a) destroying the explosive; or (b) removing it from the ACT. (2) If a person fails to comply with the notice of revocation, the work health and safety commissioner may take whatever steps are necessary and reasonable to dispose of the explosive under the person’s control. (3) The reasonable costs of the disposal of an explosive under subsection (2) are a debt owing to the Territory by the person who failed to comply with the notice. (4) A person to whom a notice of revocation is given must comply with the notice. (5) A person to whom a notice of revocation is given must ensure that the explosive that is the subject of the notice is not— (a) used; or (b) supplied to anyone else, unless the supply is for the purpose of removing the explosive from the ACT.

40A Suitable person to hold licence—Act, s 49 (1) (i) For the Act, the matters the work health and safety commissioner to be issued with, or to continue to hold, a licence to handle an explosive include— (a) whether an adverse security assessment or qualified security assessment has been given in relation to— (i) the person or a close associate of the person; or (ii) if the person is a corporation—an officer of the corporation or a close associate of an officer of the corporation; and (b) if the person is an individual, whether the person is— (i) an adult; or (ii) for an explosives driving licence—at least 21 years old. Note 1 For par (b) (ii), see s 112 (1) (a). Note 2 For working out who is a suitable person to be issued with a licence, see also the Act, s 49 (1) (a) to (h), and the following sections of this regulation: • s 112 (Suitable people to hold explosives driving licences—Act, s 49 (1) (i)) • s 190 (Suitable people to hold blasting permits—Act, s 49 (1) (i)) • s 305 (Suitable people to hold display operator licences—Act, s 49 (1) (i)) • s 308 (Suitable people to hold fireworks display permits—Act, s 49 (1) (i)). Note 3 Additional criteria apply to the issue of licences (see Act, pt 4.2).

Packing, labelling and placarding explosives Part 2.3

Part 2.3 Packing, labelling and placarding

41 Application of pt 2.3 This part applies to the following: (a) the packing of explosives; (b) the labelling or placarding of packages, unit loads and intermediate bulk containers of explosives.

42 Interpretation for pt 2.3 (1) A term used in this part has the same meaning as in the Australian Explosives Code. (2) However, in the Australian Explosives Code as applied by this part— (a) a marking on an explosive (or a package of an explosive) is a placard or label; and (b) an explosive (or a package of an explosive) is marked if it is placarded or labelled.

43 Correct packing, labelling and placarding—Act, s 14 Subject to section 45, for the Act, section 14, an explosive is correctly packed, labelled or placarded if— (a) it is packed, labelled or placarded in accordance with the Australian Explosives Code; and

Part 2.3 Packing, labelling and placarding explosives (b) in relation to the packing of any explosive—the packaging is clean and free from grit. Note 1 See Australian Explosives Code, ch 3 (Marking of packages, vehicles and transport containers) and ch 5 (Packaging, IBCs and unit loads for explosives). Note 2 A manufacturer, importer or supplier of an explosive may commit an offence against the Act, s 26, 27 or 28 if the explosive is not correctly packed, labelled or placarded as provided by this section.

44 Correct packing for supply—Act, s 14 If an explosive is supplied in a packaged form, for the Act, section 14, it is not correctly packed unless— (a) the package is appropriate for the kind of explosive; and (b) the package prevents the explosive from escaping from the package; and (c) for an explosive of classification code 1.1D or 1.5D—the explosive is supplied— (i) as far as practicable, in its original package; and (ii) without cutting or breaking its cartridge.

45 Exceptions—labelling and placarding However, section 43 does not apply to the labelling or placarding of explosives in the following circumstances: (a) for explosives that are within the boundaries of premises where they are being manufactured, if the explosives are— (i) in the process of being manufactured, or are semifinished; or (ii) in containers clearly and conspicuously marked with the name of the contents, and are intended for use at the premises;

Packing, labelling and placarding explosives Part 2.3 (b) for an explosive that is at a place where it is intended to be used for a blasting operations— (i) if section 76 (Storage of unused explosive mixtures) and section 196 (Temporary on-site storage) are complied with; or (ii) if the explosive is manufactured at that place; (c) for any of the following explosives, if they are in a quantity of not more than 5kg, and are stored or carried by an individual for the individual’s personal use: (i) safety cartridges; (ii) distress signals; (iii) general use fireworks.

Division 2.4.1 Definitions about manufacturing explosives Division 2.4.1 Definitions about manufacturing 46 Manufacturing definitions central mixing point, for an explosive mixture, means a structure or place at a mine, quarry, construction or other site where the mixture is prepared for use at or near the site, but does not include a factory. explosive mixture means a mixture of an oxidising agent and a fuel component, if the mixture is an authorised explosive. Note For the meaning of fuel component and oxidising agent, see s (2). factory– (a) means premises, other than a mobile manufacturing unit, used or intended to be used for the manufacture of an explosive, or a purpose related to that manufacture; and (b) includes land used, or intended to be used, for the disposal of explosives or waste materials. filling or capping, in relation to safety cartridges, includes— (a) filling an explosive powder and projectiles into safety cartridge cases; and (b) filling an explosive powder into safety cartridge cases; and (c) capping safety cartridge cases. manufacture, of explosives, means— (a) the manufacture of the explosives at a factory; or (b) the manufacture of ammunition at a factory, including the filling and capping of safety cartridges at the factory; or

Definitions about manufacturing explosives Division 2.4.1 (c) the manufacture of explosive mixtures at the point of application or use; or (d) the filling or capping of safety cartridges for a commercial purpose other than at a factory. Note 1 Manufacture (a dangerous substance) is also defined in the Act, dict. Explosives are dangerous substances. This definition qualifies the definition in the Act. Note 2 Div 2.4.9 imposes obligations on individuals filling or capping safety cartridges for non-commercial purposes. manufacturing licence, for explosives, means a licence issued for this part authorising the manufacture of explosives. mobile manufacturing unit means a vehicle or other mobile unit used for the manufacture of explosives. Note This applies the definition used in AS 2187.0. In AS 2187.0, AS 2187.1 and AS 2187.2, the term mobile manufacturing unit is used interchangeably with the terms MMU and mobile mixing unit. modification, of a factory or safety management system, means a change to the factory or system that has the effect of creating a new hazard or increasing the risk associated with an existing hazard, and includes— (a) a change to any plant, building, storage facility or process, including the introduction of a new plant process; and (b) a change to the quantity of explosives present or likely to be present, including the introduction of any new explosive material; and (c) a change to the quantity of any dangerous substances present or likely to be present, including the introduction of a new dangerous substance; and (d) for a safety management system—a change to the system.

point of application or use, of an explosive, includes— (a) a central mixing point for the explosive; and (b) a mobile manufacturing unit for the explosive. (2) For subsection (1), definition of explosive mixture: fuel component— (a) means— (i) a combustible granular solid; or (ii) a clean oil, fuel oil or other oil that has a closed-cup flashpoint of 60.5C or higher; and (b) includes a compatible dye or sensitising agent. oxidising agent includes— (a) a granular solid of class 5.1; and (b) an aqueous gel, or emulsion, of class 5.1.

47 Meaning of explosive for pt 2.4 In this part: explosive includes a substance or a mixture of substances that is manufactured with the intention of producing an explosive as defined in section 7.

48 Authority to manufacture explosives A person is authorised to manufacture an explosive if the person— (a) holds a manufacturing licence authorising the manufacture of the explosive; or

(b) is an individual engaged (as an employee or contractor) to manufacture the explosive under the supervision of a person who holds a manufacturing licence. Note 2 A person who manufactures an explosive without authorisation may commit an offence against the Act, s 74 (Unauthorised manufacture of certain dangerous substances).

49 Person in control of manufacture—Act, s 17 (1) (e) For the Act, the holder of a manufacturing licence is a person in control of all of the following in relation to the manufacture of an explosive under the licence: (b) the premises where the explosive is manufactured;

50 Reasonable steps for manufacture—Act, s 16 (2) (e) manufacture of an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to the manufacture.

51 Manufacturing licence applications for Act, s 50 (2)— general An application for a manufacturing licence for an explosive must for— (ii) anyone who is to be a responsible person for the explosive; (c) the purpose of the manufacture; (d) the address of premises where the explosive is to be manufactured and stored; proposed manufacture; (f) the maximum number of people likely to be present in— (i) the explosives manufacturing area; and (ii) other parts of the premises; (g) details of the fire protection proposed to be used; (h) a security plan prepared in accordance with section 51A; (i) any information or documents required by a form for the

51A Manufacturing licence applications—security plans (1) A security plan for the manufacture of an explosive must be based on a security risk assessment. (a) details of the production process to be used; (b) details of the ingredients to be used and the source of any ingredient that is a dangerous substance; (d) a system for recording— (i) the name and licence details of a person who receives any of the explosive; and (ii) the amount of the explosive taken by the person; (e) procedures for reporting any loss, theft or attempted theft of the (f) any information or documents required by a form for the

52 Manufacturing licence applications for Act, s 50 (2)— factory manufacture An application for a manufacturing licence authorising the manufacture of explosives at a factory must include the following information and documents in addition to what is required under section 51: (a) a plan of the premises where the explosives are to be manufactured adequately showing the following: (i) the boundaries of the premises and the nature of any fences;

(ii) the location of all buildings and structures on the premises and their uses, including details of quantities of explosives and any other dangerous substances that may be present in those buildings and structures, and applicable separation distances for those explosives and other dangerous substances; (iii) areas of public access and car parking areas; (iv) details of all internal roads and points of entry into, and exit from, the premises; (v) the location of automatic fire sprinkler systems, fire hydrants, fire hose reels, portable fire-extinguishers and other fire protection devices; (vi) the place where the manifest and other emergency information about explosives and other dangerous substances at the premises is kept; (vii) the location of gas, steam and electricity generation or distribution areas; (viii) details of all loading and unloading areas for road and rail vehicles and ships; (ix) details of all buildings, structures and storage areas on adjacent premises and areas open to the public; (b) an identification number or code for each building on the premises; (c) the correct product name, UN number, and classification code for each kind of explosive, and any other dangerous substance, kept on the premises; (d) the maximum quantity of each kind of explosive and any other dangerous substance likely to be stored on the premises;

(e) a detailed description of the process of manufacture, including the nature of any chemical reaction involved and the various operations to which explosives and any other dangerous substances used in the process will be subjected; (f) a preliminary process flow sheet that provides sufficient detail to make an assessment of the risks of manufacture and includes information about the temperatures and pressures of materials at each stage of manufacture; (g) a list of the main plant items, specifying the following: (i) the capacity, design pressure and temperature limits for safe operation (upper and lower); (ii) any special features of construction; (iii) details of utility services; (h) details of the principal standards and codes to be used in the design of the plant items; (i) a statement of the method by which the manufacturing process will be controlled; (j) a description of the location and construction of any control room.

53 Manufacturing licence applications for Act, s 50 (2)— central mixing points and mobile manufacturing units (1) An application for a manufacturing licence authorising the manufacture of explosives at a central mixing point must include the information and documents mentioned in section 52 (a), (c), (d), (e), (g) and (i) in addition to what is required under section 51. (2) An application for a manufacturing licence authorising the manufacture of explosives at a mobile manufacturing unit must include the information and documents mentioned in section 52 (c) to (i) in addition to what is required under section 51.

54 Manufacturing licence applications for Act, s 50 (2)— safety cartridges An application for a manufacturing licence authorising the manufacture of explosives by filling or capping safety cartridges for commercial purposes must include the information and documents mentioned in section 52 (a), (e) and (g) in addition to what is required under section 51.

55 Manufacturing licence conditions—Act, s 53 (2) (b) The following conditions apply to a manufacturing licence for an explosive: (b) anyone who handles the explosive or another dangerous substance under the licence must have the appropriate skills and training; (c) the licensee must provide anyone with a safety data sheet for the (d) the licensee must ensure that the explosive is manufactured only for the purpose stated in the licence; (e) the licensee must ensure that— (ii) a copy of the plan is available for inspection at each premises used for manufacturing the explosive under the licence; (f) the licensee must ensure that no-one other than a security cleared

(g) the licensee must apply to the work health and safety (h) the licensee must— manufacture of the explosive under the licence.

55A Manufacturing licences—review of security plans The holder of a manufacturing licence for an explosive must—

56 Manufacture records (1) The holder of a manufacturing licence must, for each explosive manufactured under the licence, make a record of the manufacture that complies with subsection (2). (a) the name and classification code of the explosive; (b) the quantity of the explosive manufactured; (c) the date of manufacture; (d) a certificate of analysis for each batch; (e) whether the explosive was manufactured for immediate use or supply; (f) if the explosive is stored, details of storage, including the name and licence details for a person responsible for its storage; (g) any information or documents required by a form for the record Note If the substance is disposed of, the licensee must make a record of the disposal under s 258. (3) The holder of a manufacturing licence must keep a record made under this section of the manufacture of an explosive for at least 3 years after the day of manufacture, whether or not the licence continues in force.

Safety management system Division 2.4.3 Division 2.4.3 Safety management system

57 Safety management system requirements (1) The holder of a manufacturing licence must, as soon as practicable after the licence is issued, establish and implement a safety management system to ensure that the manufacture of explosives under the licence is carried out as safely as practicable. (2) The licensee must ensure that the safety management system is described in a document that— (a) is comprehensible to people who use it; and (b) is readily accessible; and (c) sets out— (i) the safety objectives of the system; and (ii) the systems and procedures by which those objectives are to be achieved; and (iii) how the safety objectives are measured and maintained; and (d) includes the information and documents required by schedule 2 or, if the schedule requires information to be set out in a separate document, identifies the other document and states where it can be accessed; and (e) is communicated to each person involved in the implementation of the system, or otherwise affected by the system. (3) The safety management system must be prepared in accordance with schedule 2. (4) The licensee must ensure that the safety management system— (a) is implemented and enforced; and

(b) is reviewed and, if necessary, revised— (i) whenever a modification is made to the factory; or (ii) whenever an incident happens that must be reported under section 24 (Explosives incidents—reporting damage or injury); or (iii) whenever a change in the operation of the factory happens; and (c) is reviewed and, if necessary, revised at least every 5 years.

58 Information about safety management systems (1) The licensee must keep written records of all modifications made to, or affecting the operation of, a safety management system for at least 5 years, whether or not the licence continues in force for that period. (2) The licensee must give the work health and safety commissioner any requested information in relation to the licensee’s safety management system— (a) as soon as is practicable after the work health and safety commissioner asks the licensee for the information; but (b) no later than 7 days after the day the licensee receives the request.

59 Application of div 2.4.4—factory manufacture manufacture of explosives at a factory.

Factory manufacture Division 2.4.4

60 Factory manufacture—notice to fire authorities (1) The licensee must give written notice of the following information to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate, as soon as practicable after the licence is issued, renewed or amended: (a) a copy of the licence; (b) a site plan showing the location of any buildings containing or likely to contain dangerous substances, including magazines containing or likely to contain explosives; (c) the location of manifests, emergency plans and critical controls and interfaces for fire systems. (2) If a licence is cancelled or has otherwise ceased to be in force, the person who held the licence must tell the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate, of the cancellation or cessation, in writing, within 14 days after— (a) the day of the cessation; or (b) if the licence is cancelled—the day the licensee is told about the cancellation.

61 Separation distances for factories The separation distances required by AS 2187.1 must be maintained between any building containing explosives within a factory and any of the following: (b) other buildings on the premises;

• a reference to the NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including packaging)—see s 21.

62 Factory modifications Before making any modification to the factory, the licensee must— (a) tell the work health and safety commissioner, in writing, about the proposed modification; and (b) give the work health and safety commissioner an assessment of the effect of the modification.

63 Application of div 2.4.5 manufacture of explosive mixtures at a central mixing point.

64 Meaning of explosive mixture controller for div 2.4.5 In this division: explosive mixture controller means a person controlling or managing the process of making an explosive mixture.

65 General restrictions (1) Explosive mixtures must, as far as practicable, be manufactured at or near the place where they are to be used.

(2) Explosive mixtures must not be manufactured with a combustible component in a powder form that can cause a dust explosion at the place where the mixture is manufactured. (3) No more than the quantity of explosive mixtures that can be used or loaded into blast holes on the day of manufacture may be manufactured under the licence, unless the excess is stored under section 76.

66 Premises and equipment requirements The following must be constructed in accordance with AS 2187.2: (a) buildings or other structures in or on which an explosive mixture is to be manufactured; (b) mixing appliances and associated equipment used for the manufacture of an explosive mixture.

67 Components to be kept in marked containers Containers of components of explosive mixtures must be clearly and conspicuously marked with the name of the contents.

68 Warning notice An explosive mixture controller must ensure that when the mixture is being made a notice showing the words set out in table 68, in conspicuous red letters on a white background, is prominently displayed— (a) if the mixture is made in the open air—at the mixing point; or (b) if the mixture is made in or on a building or structure—outside every entrance to the building or structure.

Table 68 Text of notice DANGER EXPLOSIVES NO SMOKING OR FLAME

69 Other people to keep clear (1) An explosive mixture controller must ensure that no-one enters or stays within 10m of the place where the explosive mixture is being made except a person involved in making the mixture. (2) A person who is not involved in the process of making an explosive mixture commits an offence if the person fails to comply with a reasonable requirement made by an explosive mixture controller in carrying out the controller’s duty under subsection (1). person involved, in making an explosive mixture, includes a person making, carrying or using the mixture.

70 Other explosives to be kept away A person making an explosive mixture must ensure that any detonator, primer, detonating cord or other explosive (except any explosives necessarily in a blast hole) is stored in a securely closed receptacle at least 10m away from the central mixing point.

71 Fire sources to be kept away (1) An authorised person must not introduce, or allow someone else to introduce, within 10m of any place where an explosive mixture is present or is being made— (a) a source of ignition; or

(b) a flammable liquid or gas or readily combustible substance or material. (2) Subsection (1) does not apply to an ignition source needed to fire the charge, if all of the explosive mixture is in a blast hole. (3) Subsection (1) (b) does not apply in relation to— (a) a substance or material that is a component of the mixture being made; or (b) fuel in the fuel tank of a diesel engine. (4) In subsection (1): authorised person means any of the following: (a) a licensee; (b) an explosive mixture controller; (c) a person making the explosive mixture; (d) a person authorised by someone mentioned in paragraph (a), (b) or (c) to be at premises where the explosive mixture is being made.

72 Fire precautions at central mixing point (1) The fire prevention measures required by AS 2187.2 must be taken in relation to central mixing points, subject to subsection (2). (2) The minimum distance for any distance standard prescribed by AS 2187.2 is 10m.

73 Disposal of spills and packaging An explosive mixture controller must ensure that— (a) any spillage of the explosive mixture, or an intended component of the mixture, is cleaned up promptly and disposed of safely; and

(b) any waste packaging of components or equipment used in the process of making the mixture is removed promptly and disposed of safely.

74 Cleaning of equipment—general Equipment (including mixers, receptacles and tools) used to make an explosive mixture must be left free of the mixture as far as practicable with the following objects: (a) any residual trace of the mixture left on equipment used to make the mixture must not be capable of initiating or contributing to an explosion; (b) there must be no risk to any possible later user of the equipment.

75 Cleaning of equipment before repairs (1) This section applies if a repair or alteration is to be made to— (a) any equipment (for example, mixers, receptacles and tools) that has come into contact with an explosive mixture; or (b) any premises where an explosive mixture is or has been stored. (2) If the repair or alteration will require the use of a potential source of heat, flame or sparks (for example, welding, cutting or grinding equipment)— (a) the explosive mixture must be moved to a safe place; and (b) any residual trace of the explosive mixture must be removed before the repair or alteration begins. explosive mixture includes a component of an explosive mixture.

76 Storage of unused explosive mixtures If an explosive mixture cannot be used or loaded into a blast hole on the day it is made, the mixture must be— (a) put in containers or packages that are— (i) constructed of material that is compatible with the mixture; (ii) closed, clean, nonmetallic and leakproof; and (iii) conspicuously labelled ‘EXPLOSIVE MIXTURE’; and (b) kept in a magazine for which a licence is in force until the mixture can be used; and (c) used as soon as practicable.

77 Separation distances for central mixing points between the central mixing point and any of the following on the licensed premises: (b) process buildings;

(2) For working out the separation distances required by the standard between the central mixing point and a magazine or other building containing explosives, a reference to the quantity of the explosives is taken to be a reference to the greater of the following: (a) the maximum quantity of explosives that can be stored in the magazine or other building containing explosives; (b) the total of the maximum quantity of explosive mixture that can be present, and half of the maximum quantity of ammonium nitrate that can be present, at the central mixing point. (3) For working out separation distances between the central mixing point and protected works or vulnerable facilities, the quantity is the total of the maximum quantity of explosive mixture that can be present, and half of the maximum quantity of ammonium nitrate that can be present, at the central mixing point.

78 Application of div 2.4.6 (1) This division applies if a manufacturing licence authorises the manufacture of ANFO, whether at a central mixing point or elsewhere. (2) A requirement under this division is in addition to any other requirement under this regulation. (3) However, if a requirement under this division is inconsistent with another requirement under this regulation, the requirement under this division prevails.

79 Compliance with AS 2187.2 ANFO must be manufactured in accordance with AS 2187.2.

Mobile manufacturing units Division 2.4.7

80 Separation distances for ammonium nitrate stores between any of the following on the premises where explosives are likely to be present and each ammonium nitrate store: (b) central mixing points; (c) process buildings. (2) For working out the separation distances required by the standard between a central mixing point and an ammonium nitrate store, a reference to the quantity of the explosives is taken to be a reference to the greater of the following: (a) the maximum quantity of explosives that can be present at the central mixing point; (b) half the quantity of ammonium nitrate that can be present at the central mixing point. Division 2.4.7 Mobile manufacturing units

81 Application of div 2.4.7 manufacture of an explosive mixture using a mobile manufacturing unit.

Division 2.4.8 Filling or capping safety cartridges other than at a factory—commercial

82 Requirements for mobile manufacturing units (1) A mobile manufacturing unit must comply with the requirements of (2) A mobile manufacturing unit transporting explosives must be marked as required by the Australian Explosives Code.

83 Operator to stop system A person who operates the processing equipment of a mobile manufacturing unit must ensure that control of the operation is not left unattended while the processing equipment is operating. Division 2.4.8 Filling or capping safety cartridges other than at a factory—commercial

84 Application of div 2.4.8 manufacture of an explosive by filling or capping safety cartridges for commercial purposes other than at a factory.

85 Commercial filling or capping Anyone filling or capping safety cartridges under the authority of the licence must comply with the following requirements: (a) the filling and capping process must be carried out safely; (b) no other activities that may adversely affect the safety of the filling and capping process are to be conducted near to the process; (c) any propellant stored in the room being used in the filling and capping process must be isolated from the operation and any source of ignition;

Filling or capping safety cartridges—non-commercial purposes Division 2.4.9 (d) any propellant being directly used for the filling and capping process must not be exposed unnecessarily and must not be exposed to a source of ignition; (e) the quantity of propellant present must be no greater than is reasonably necessary for the process; (f) a person who takes part in the filling or capping process or the handling of cartridges must wear clothing and footwear that does not contribute to the accidental initiation of explosives used in the process; (g) flammable liquids and gases, combustible liquids and other combustible materials must be isolated, as far as practicable, from the filling and capping process; (h) when the filling operation is completed the equipment used in the operation must be cleaned, and any spills of propellant must be removed and disposed of safely. Division 2.4.9 Filling or capping safety cartridges— non-commercial purposes

86 Application of div 2.4.9 This division applies if an individual fills or caps safety cartridges for a purpose other than a commercial purpose.

87 Only authorised explosives to be used (1) The individual must not fill a safety cartridge with an explosive other than an authorised explosive.

Division 2.4.9 Filling or capping safety cartridges—non-commercial purposes

88 Application of commercial filling or capping requirements (1) The individual must not cap or fill safety cartridges other than in accordance with the requirements stated in section 85 (a) to (h).

Interpretation Division 2.5.1 Division 2.5.1 Interpretation

89 Meaning of import licence import licence means a licence issued for this part authorising the import of explosives. Note 2 Import (of a dangerous substance) is defined in the Act, dict to mean import into the ACT. Explosives are dangerous substances.

90 Authority to import explosives A person is authorised to import an explosive if— (a) the person holds an import licence authorising the import of the explosive; or (b) section 91 applies to the import. Note 2 A person who imports an explosive without authorisation may commit an

91 Explosives for which no import licence required (1) This section only applies to authorised explosives. (2) The import of the following explosives is authorised for section 90 (b): (a) distress signals, if they are imported as part of the necessary safety equipment of a vehicle;

(b) safety cartridges; (c) safety fuse; (d) starting pistol caps; (e) general use fireworks; (f) any other explosive declared by the Minister. (3) Also, the import of black powder is authorised for section 90 (b) if— (a) the importer is an individual; and (b) the import is for personal use by the importer; and (c) the importer— (i) holds a licence under the Firearms Act 1996; and (ii) is a member of an approved hunting or shooting club; and (iii) intends to use the black powder in a competition, or training for a competition, conducted by an approved hunting or shooting club; and (iv) keeps a written record of the amount of black powder brought into the ACT, the amount used and any amount exported from the ACT at the end of the competition or training; and (d) the total amount of black powder imported for the competition or training is less than 1kg. (4) A declaration under subsection (2) (f) is a disallowable instrument. approved hunting or shooting club means a hunting or shooting club approved under the Firearms Act 1996.

Import licences Division 2.5.2

92 Person in control of import—Act, s 17 (1) (e) For the Act, the holder of an import licence is a person in control of all of the following in relation to the import of an explosive under the (b) any premises where the explosive is stored by the licensee after import;

93 Reasonable steps for import—Act, s 16 (2) (e) import of an explosive, consideration must be given to whether the the import.

94 Import licence applications—Act, s 50 (2) An application for an import licence must include the following for— (c) the address of premises where the imported explosives are to be stored; (d) documentation describing a safety management system for the import, including, for example, safe handling, emergency and security procedures for the explosives; (e) the purpose of the import, including the earliest proposed date for the import of explosives under the licence; (f) for each kind of explosive to be imported— (i) the product name, UN number and packing group; or (g) any other information or documents required by a form for the

95 Import licence conditions—Act, s 53 (2) (b) The following conditions apply to an import licence for an explosive: (b) the licensee must import the explosive only for the purpose stated in the licence;

Import licences Division 2.5.2 system for the import of explosives under the licence; (d) the licensee must provide anyone with a safety data sheet for the import of the explosive under the licence.

96 Notice of import (1) The holder of an import licence must give the work health and safety commissioner notice of the licensee’s intention to import explosives. (2) However, notice need not be given for the import of an explosive— (a) mentioned in table 96, column 2 for an amount less than the quantity stated in column 3; or (b) if the explosive is imported by a shot-firer who— (i) operates in the ACT; and (ii) had taken the explosives out of the ACT for use in a blasting operation; and (iii) is importing the explosives not used in the operation. (3) The notice must be given no later than 2 business days before the day when the explosives are to arrive in the ACT. (4) The notice must include the following: (a) the name and licence number of the licensee; (b) the intended date of import of the explosives; (c) how the explosives are to be carried into the ACT; (d) the name and authorisation number of the explosives and the classification code assigned on authorisation; (e) the details of each explosive imported, as follows: (i) if the explosives are in a package containing only a single kind of explosive—the weight of each individual package and the number of packages; (ii) if the import is in bulk—the quantity of the explosive;

Import conditions Division 2.5.3 (iii) if the import is in a package containing different kinds of explosive—the quantity of each kind of explosives (by weight or numbers of articles, or both); (f) contact and licence details for the person who is to receive the imported explosives; (g) the address of the place where the explosives are to be stored in the ACT; (h) the name and licence details of the person who is to carry the explosives into the ACT; (i) any information or documents required by a form for the notice Table 96 Notifiable imports item minimum amount requiring notice 5kg 2 propellants of classification code 1.3C 20kg 3 distress signals of classification code 1.3G 5kg 4 distress signals of classification 10kg 5 distress signals of classification code 1.3G and 1.4G 10kg in total, not more than 5kg of which can be classification code 1.3G 6 fuse lighters of classification 10kg 7 primers or percussion caps of 10 000 in number

item minimum amount requiring notice 8 airbag inflators, airbag modules, or seatbelt pretensioners, of hazard division 1.4 that are not installed in vehicles or in completed vehicle components. 10kg

97 Import records (1) The holder of an import licence must make a record of all explosives imported into the ACT under the licence. (2) The licensee must keep each record for at least 3 years after the day of the import, whether or not the licence continues in force for that period.

Preliminary Division 2.6.1 Note If this regulation require an explosive to be carried in a particular way, and a person carrying the explosive does not comply with that requirement, the person may commit an offence against the Act, s 80 (Unauthorised carrying of certain dangerous substances). Division 2.6.1 Preliminary

98 Application of pt 2.6 (1) This part applies to the carrying of explosives by road or rail. (2) However, this part does not apply to the carrying of an explosive by an inspector or police officer exercising a function under the Act.

99 Carrying explosives—definitions carrying licence means a licence issued for this part authorising the carrying of explosives by road or rail. Note 2 Carry (a dangerous substance) is defined in the Act, dict to mean the moving of the substance by any means. Explosives are dangerous drive, in relation to a vehicle that is a trailer, includes drive a vehicle that is towing the trailer. exempt carrier—see section 100. explosives driving licence means a licence issued for this part authorising the driving of a vehicle to carry explosives.

interstate explosives carrying authority, in relation to an explosive carried by road or rail, means a written authority (however called— for example a licence or permit) issued under a corresponding law that authorises the authority-holder to carry the explosive by road or rail. interstate explosives driving authority, in relation to an explosive carried by road, means a written authority (however called—for example, a permit, or registration certificate) issued under a corresponding law that authorises the authority-holder to drive a vehicle carrying the explosive by road.

100 Authority to carry explosives by road (1) A person must not carry an explosive by road (in the ACT) unless— (a) the person is authorised to carry the explosive by road (in the ACT) under a carrying licence; or (b) the person holds an interstate explosives carrying authority that authorises the person to carry the explosive by road (in the ACT); or (c) the person— (i) drives a vehicle carrying the explosive by road (in the ACT); and (ii) is authorised to carry the explosive by road in the vehicle (in the ACT or elsewhere) under an interstate explosives carrying authority; and (iii) holds an explosives driving licence, or an interstate explosives driving authority, authorising the driving of the vehicle carrying the explosive by road (whether in the ACT or elsewhere); or

(d) the person (an exempt carrier)— (i) carries a category 1 load of explosives; or (ii) is authorised (otherwise than under a carrying licence) or permitted to handle the explosive under the Act (including this regulation). Example of authority or permission—par (d) (ii) The handling of general use fireworks is permitted under the Act. There are no restrictions on handling general use fireworks apart from generalised safety duties under the Act relating to dangerous substances. (2) A carrying licence that authorises the carrying of an explosive by road (in the ACT) authorises the carrying of the explosive by— (a) the licensee; or (b) an individual who— (i) is engaged (as an employee or contractor) to carry the explosive by road under the supervision of the licensee; and (ii) holds an explosives driving licence, or an interstate explosives driving authority, authorising the driving of a vehicle carrying the explosive. Note 1 Carrying licences are issued under the Act, ch 4 (Licences for dangerous Note 2 A person who carries an explosive without authorisation may commit an Note 3 In addition to the requirements of this section in relation to the carrying (in general) of explosives, anyone driving a vehicle to carry explosives by road must have authority to do so (eg an explosives driving licence or an interstate explosives driving authority)—see s 107.

category 1 load, of explosives, means a category 1 load of the explosives under the Australian Explosives Code. Note A category 1 load is a ‘low risk’ load under the code, table 2.1.

101 Authority to carry explosives by rail (1) A person must not carry explosives by rail (in the ACT) unless— (a) the person is authorised under a carrying licence to carry the explosives by rail (in the ACT); or (b) the person is authorised under an interstate explosives carrying authority to carry the explosives by rail (in the ACT or elsewhere). (2) A carrying licence that authorises the carrying of an explosive by rail (in the ACT) authorises the carrying of the explosive by— (a) the licensee; and (b) any individual engaged (as an employee or contractor) to carry the explosive by rail under the licensee’s supervision. Note 1 Carrying licences are issued under the Act, ch 4 (Licences for dangerous Note 2 A person who carries an explosive without authorisation may commit an

102 Engaging someone else to carry explosives (1) A person must not engage someone else to carry an explosive by road or rail. (2) Subsection (1) does not apply if the person whose services are engaged is authorised under section 100 or section 101 to carry the

103 Person in control of carrying explosive—Act, s 17 (1) (e) For the Act, the holder of a carrying licence is a person in control of all of the following in relation to the carrying of an explosive under the licence: (b) any premises where the explosive is stored by the licensee for carrying;

104 Reasonable steps for carrying explosives—Act, s 16 (2) (e) carrying of an explosive, consideration must be given to whether the carrying the explosive.

105 Carrying licence applications—Act, s 50 (2) An application for a carrying licence for an explosive must include the following: for— (ii) anyone who is to be a responsible person for the explosive; (c) the purpose of the carrying; (d) documentation describing a safety management system (including an emergency plan) for carrying the explosive; Example of other matters for inclusion in the safety management system safe handling and security procedures for carrying the explosive (e) details of each vehicle to be used for carrying the explosive, including the following: (i) make; (ii) model; (iii) year of manufacture; (iv) authorisation number; (v) engine number; (vi) registration number; (vii) carrying capacity; (viii) type of fuel; (ix) category of load that can be carried;

(x) any modifications making the vehicle suitable for carrying that category of load; (f) the hazard division, of the explosive and the maximum quantity to be carried; (g) details of training to be undertaken to comply with section 106 (1) (e); (h) a security plan prepared in accordance with section 105A (Carrying licence applications—security plans); (i) any information or documents required by a form for the

105A Carrying licence applications—security plans (1) A security plan for carrying an explosive must be based on a security risk assessment. (a) details of the precautions to be taken to ensure the explosive is secure for the duration of their entire journey; (b) procedures for working out routes for the transport of the (d) procedures for reporting any loss, theft or attempted theft of the (e) any information or documents required by a form for the

106 Carrying licence conditions—Act, s 53 (2) (b) (1) The following conditions apply to a carrying licence for an explosive:

(b) the licensee must ensure that the only vehicles used for carrying the explosive under the licence are approved vehicles; (c) the licensee must ensure that the explosive is carried only for the purpose stated in the licence; (d) the licensee must establish and maintain a safety management system (including an emergency plan) for the carrying of the explosive under the licence; (e) anyone who handles the explosive or another dangerous substance under the licence must have the appropriate skills and training, including training in the requirements of the Australian Explosives Code as applied for this part; (f) the licensee must ensure that— (ii) a copy of the plan is available for inspection in each vehicle used for carrying the explosive under the licence; (g) the licensee must ensure that no-one other than a security cleared (h) the licensee must apply to the work health and safety (i) the licensee must—

carrying of the explosive under the licence. approved vehicle means a vehicle stated in the licence, or in an interstate explosives carrying authority, that meets the requirements of the Australian Explosives Code in relation to the category of load (within the meaning of the code) carried by the vehicle.

106A Carrying licences—review of security plans The holder of a carrying licence for an explosive must—

107 Authority for driving vehicle carrying explosives (1) A person may drive a vehicle carrying an explosive by road (in the ACT) only if— (a) the person— (i) is authorised to do so under a carrying licence or an interstate explosives carrying authority; and (ii) holds an explosives driving licence or an interstate explosives driving authority authorising the person to do so; or (b) the person— (i) drives the vehicle carrying a category 2 load of explosives; and (ii) is authorised to use the explosives under a blasting permit or a fireworks display permit; or (c) the person is an exempt carrier. Note 1 Explosives driving licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances. Note 2 A person who drives a vehicle carrying an explosive without authorisation may commit an offence against the Act, pt 5.1. category 2 load, of explosives, means a category 2 load of the explosives under the Australian Explosives Code. Note A category 2 load is a ‘moderate risk’ load under the code, table 2.1.

108 Engaging someone else to drive a vehicle carrying (1) A person commits an offence if the person— (a) owns or controls a vehicle, and permits someone else (the driver) to drive the vehicle to carry an explosive; or (b) engages someone else (the driver) to drive a vehicle to carry an (2) Subsection (1) does not apply if the driver is authorised under section 107 to drive the vehicle carrying the explosive.

109 Person in control of driving vehicle carrying explosives— Act, s 17 (1) (e) For the Act, the holder of an explosives driving licence is a person in control of all of the following in relation to driving a vehicle carrying an explosive under the licence: (b) the vehicle used for carrying the explosive;

110 Reasonable steps for driving vehicle carrying an explosive—Act, s 16 (2) (e) in relation to a risk that may arise directly or indirectly from driving a vehicle carrying an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to driving the vehicle.

111 Explosives driving licence applications—Act, s 50 (2) An application for an explosives driving licence must include the following information and documents: (a) the name, address and date of birth of, and copies of identification papers for, the applicant; (b) the name and address of, and copies of identification papers for, anyone else who is to be a responsible person for the explosives; (c) 2 passport photographs of the applicant; (d) a copy of a driver licence the applicant has held for the previous 12 months; (e) details of the vehicle or vehicles that the applicant proposes to use to carry explosives; (f) evidence that the applicant has had experience within the previous 12 months of driving a vehicle or vehicles of the kind or kinds in which explosives are to be carried under the licence;

(g) evidence that the applicant has satisfactorily completed a training course approved by the work health and safety commissioner for a driver of a vehicle carrying explosives by road; (h) evidence that the applicant has met the commercial vehicle driver medical standards required by Assessing Fitness to Drive, published by Austroads Inc.; (i) evidence of the applicant’s driving history record as required by a form for the application approved under the Act, section 222; (j) any other information or documents required by such a form.

112 Suitable people to hold explosives driving licences—Act, to be issued with, or to continue to hold, an explosives driving licence include whether the person— (a) is an individual who is at least 21 years old; and (b) has held a driver licence for at least 12 months before the licence is issued; and (c) continues to hold a driver licence after the licence is issued, without the licence being suspended or cancelled; and (d) after the explosives driving licence is issued—is convicted or found guilty in the ACT or elsewhere of an offence involving a dangerous substance; and (e) has been convicted or found guilty within the previous 5 years of a defined driving offence; and (f) has a regular history over the previous 5 years of offences relating to driving vehicles; and

(g) has at least 12 months experience driving a vehicle or vehicles of the kind or kinds in which the explosives will be carried; and (h) meets the commercial vehicle driver medical standards required by Assessing Fitness to Drive; and (i) has demonstrated adequate knowledge of— (i) the requirements of this regulation and the Australian Explosives Code (as applied by this part) that relate to the carrying of explosives by road; and (ii) the characteristics of explosives of the various hazard divisions; and (iii) the precautions to be taken for the prevention of accidents in the carrying and associated handling of explosives; and (iv) the actions to be taken if an emergency happens involving (2) A person satisfies the requirements of subsection (1) (i) if the person has completed and passed a training course approved by the work health and safety commissioner. defined driving offence means an offence against any of the following provisions: (a) the Road Transport (Alcohol and Drugs) Act 1977, part 3; (b) the Road Transport (Safety and Traffic Management) Act 1999, section 6 (Negligent driving), section 7 (Furious, reckless or dangerous driving) or section 8 (Menacing driving);

(c) a provision of a law of the Commonwealth or a State that corresponds to a provision mentioned in paragraph (a) or (b).

113 Explosives driving licence conditions—Act, s 53 (2) (b) It is a condition of each explosives driving licence that the licensee complies with this part. Note A licensee who fails to comply with a condition of the licence may

114 Production of driving authority on request (1) A person who drives a vehicle carrying an explosive must— (a) carry the required authorisation at all times while driving a vehicle in the ACT carrying explosives; and (b) produce the required authorisation for inspection if asked by an inspector or a police officer. (2) This section does not apply to an exempt carrier. required authorisation, for a person to carry and produce under this section, means— (a) each of the following: (i) an explosives driving authority, or an interstate explosives driving authority, that authorises the person to drive the vehicle carrying the explosive;

Division 2.6.4 Australian Explosives Code—carrying and consignment (ii) a carrying licence, or an interstate explosives carrying authority, that authorises the carrying of the explosive, or a copy of such a licence or authority certified by the holder of the licence or authority as a true copy of the licence; or (b) if the vehicle is carrying a category 2 load of explosives— (i) the documents mentioned in paragraph (a); or (ii) a licence authorising the person to use the explosives under a blasting permit or a fireworks display permit, or a copy of the licence certified by the licensee as a true copy of the licence. Division 2.6.4 Australian Explosives Code—carrying and consignment

115 Australian Explosives Code—carrying explosives (1) Explosives must be carried in accordance with the Australian Explosives Code. (2) For the application of the code to this section, a vehicle carrying any quantity of explosives of classification code 1.1A must comply with the requirements of the code for carrying a category 3 load of (3) The holder of a carrying licence must keep a copy of the shipping documentation required under the code in relation to the delivery of an explosive under the licence for 3 years after the day the explosive is delivered.

Australian Explosives Code—carrying and consignment Division 2.6.4 category 3 load, of explosives, means a category 3 load of the explosives within the meaning of the Australian Explosives Code. Note A category 3 load is a ‘high risk’ load under the code, table 2.1.

116 Australian Explosives Code—consigning explosives (1) A consignor of an explosive must comply with the Australian Explosives Code in relation to the consignment. Examples of required compliance 1 The consignor must ensure that the shipping documentation for the explosive required by the code is completed as required (see the code, ch 4). 2 The consignor must ensure that the general duties of consignors prescribed by the code are complied with (see the code, s 8.3.2). 3 The consignor must ensure that the explosive is correctly packed and marked in accordance with the code before being loaded (see the code, ch 3 and ch 5). 4 The consignor must ensure that the driver of the vehicle that is to carry the explosive is provided with an emergency procedure guide appropriate to the kind of explosive (see the code, s 8.3.7). (2) A person who drives a vehicle carrying an explosive consigned by the consignor must carry the shipping documentation required under the code. consignor—see the Australian Explosives Code, section 1.2.

117 Route and time restrictions (1) The work health and safety commissioner may determine— (a) routes by which, and the times when, particular quantities or classification codes of explosives may be carried by road in the ACT; or (b) routes by which, and times when, particular quantities or classification codes of explosives must not be carried by road in the ACT. (2) A determination is a disallowable instrument. (3) If the work health and safety commissioner makes a determination, explosives may be carried by road only in accordance with the determination. Division 2.6.6 Rail carrying conditions

118 Explosives held in rail yards or sidings If a rail vehicle containing explosives is held at a rail yard or siding— (a) the maximum amount of explosive of any hazard division, except hazard division 1.4, per vehicle must not exceed 40 000kg; and (b) the explosives must not be kept in the rail yard or siding for longer than— (i) 48 hours over 2 consecutive business days; or (ii) if there is a weekend or public holiday within 48 hours after the explosives are first kept in the rail yard or siding— 4 days.

Rail carrying conditions Division 2.6.6

119 Separation distances for explosives in rail yards or sidings If a rail vehicle containing explosives is held at a rail yard or siding, the vehicle must be separated from any other vehicles containing explosives or placarded loads of other dangerous substances by the separation distances for the separation of rail vehicles required under the Australian Explosives Code.

120 Sources of ignition (1) A person must not introduce a source of ignition onto a rail vehicle containing explosives.

Note If this regulation require an explosive to be stored in a particular way, and a person storing the explosive does not comply with that requirement— • the explosive is not correctly stored for the Act, s 14 (1) (a) • if the person is in control of the manufacture, import or supply of the explosive, the person may commit an offence against the Act, s 26, s 27 or s 28, which impose safety duties in relation to dangerous substances (including explosives) • in addition, the person may commit an offence against the Act, pt 5.1.

121 Application of pt 2.7 (1) This part applies to the storage of explosives. (2) However, this part does not apply to the storage of an explosive by an inspector or police officer exercising a function under the Act.

122 Storage definitions blasting and fireworks storage—see section 123. combustible material means material (including flammable liquids and gases and combustible liquids) that can be ignited easily, and burns strongly. exempt storage—see section 124. licensable storage, of an explosive, means— (a) for an explosive mentioned in table 123 (blasting and fireworks storage)—storage of the explosive other than blasting and fireworks storage or exempt storage; or

Preliminary Division 2.7.1 (b) for an explosive mentioned in table 124 (exempt storage)— storage of the explosive other than blasting and fireworks storage or exempt storage; or (c) for any other explosive—storage of any quantity of the licensed storage place means a building, room or receptacle on the licensed premises where explosives are authorised to be stored under a storage licence. magazine means a store used exclusively for keeping explosives, including the following (if used in that way): (a) a building or other premises; (b) a receptacle, whether or not it is portable or relocatable. Note Adapted from the definition in AS 2187.0, which is the applicable definition for AS 2187.1. Certain aspects of AS 2187.1 are applied by this part (see div 2.7.3). magazine area—see section 132. portable magazine means an external portable magazine or an internal portable magazine within the meaning of AS 2187.0. Note For the definitions of external portable magazine and internal portable magazine in AS 2187.0, see the definition of magazine in that standard. Those definitions only include portable magazines constructed in accordance with AS 2187.1, s 2.2. special portable magazine storage—see section 157. storage licence means a licence issued for this part authorising the storage of explosives.

123 Meaning of blasting and fireworks storage blasting and fireworks storage, of an explosive mentioned in table 123, means storage of the explosive, if— (a) any storage licence exemption condition mentioned in the table for the explosive applies; and (b) the quantity stored is no greater than the quantity mentioned in the table for the explosive. Table 123 Blasting and fireworks storage item 1 explosives of or 1.5D (including water gels, emulsions, nitrate mixtures and boosters) 30kg 2 detonating cord of 1 000m 3 gunpowder for blasting of classification code 1.1D 20kg 4 detonators of classification code 1.1B or 1.4B 500 in number 5 fireworks (any kind) storage fireworks display permit maximum quantity permitted under the permit

Preliminary Division 2.7.1 item 6 fuse lighters of 5kg 7 plastic igniter cord of 5 000m 8 explosives of hazard division 1.4, if not otherwise mentioned in this table 50kg 9 explosives of hazard division 1.6 50kg

124 Meaning of exempt storage exempt storage, of an explosive mentioned in table 124, means storage of the explosive if— (a) any storage licence exemption condition mentioned in the table for the explosive applies; and (b) the quantity stored is no greater than the quantity (if any) mentioned in the table for the explosive.

Table 124 Exempt storage item 2kg 2 propellants of classification code 1.3C 10kg 3 distress signals of classification code 1.3G, if unaccompanied by distress signals of 2kg 4 distress signals of classification code 1.4G, if unaccompanied by distress signals of classification code 1.3G, and if stored for 5kg 5 distress signals of and 1.3G, stored together, and if stored for 5kg in total, including not more than 2kg of classification code 1.3G 6 safety cartridges of classification code 1.4S, other than ammunition 10 000 in number 7 primers or percussion caps of classification code 1.4S 10 000 in number

item 8 safety fuse of 350m 9 airbag inflators, airbag modules and seatbelt pretensioners, of hazard division 1.4 if incorporated into completed vehicle components unlimited 10 model rocket motors of hazard division 1.4 that each— (a) contain less than 62.5g of propellant; and (b) have a capacity for generating a total impulse of no more than 80N 5kg 11 sparklers 10kg 12 general use fireworks other than sparklers unlimited

125 Authority to store explosives (1) A person must not store an explosive unless— (a) for a licensable quantity of the explosive—the person is authorised under a storage licence to store the explosive; or (b) the storage is blasting and fireworks storage; or

(c) the storage is exempt storage. Note The following provisions apply to blasting and fireworks storage otherwise than under a storage licence: • div 2.9.6 (On-site storage by shot-firers) • s 329 (On-site storage—outdoor displays). (2) A storage licence authorises the storage of the explosive— (a) by the licensee; and (b) by the licensee, on behalf of a person who owns or controls the explosive, with the written permission of the licensee. Note 1 Storage licences are issued under the Act, ch 4 (Licences for dangerous Note 2 A person who stores an explosive without authorisation may commit an

126 Person in control of storing explosives—Act, s 17 (1) (e) For the Act, the holder of a storage licence is a person in control of all of the following in relation to the storage of an explosive under the (b) the premises where the explosive is stored;

127 Reasonable steps for storage—Act, s 16 (2) (e) storage of an explosive, consideration must be given to whether the the storage.

128 Storage licence applications—Act, s 50 (2) (1) An application for a storage licence must include the following for— (c) the purpose of the storage; (d) the address of the premises where the explosives are to be stored; (e) documentation describing a safety management system (including an emergency plan) for the storage of explosives at the premises; (f) a scale plan of the premises showing the defined details;

(g) a description of each magazine to be used to store explosives, including the type of magazine as described in AS 2187.1; (h) drawings and specifications showing construction details of each magazine; (i) details of applicable separation distances enabling compliance with section 135 (Separation distances for magazines) to be established; (j) for each kind of explosive to be stored in each magazine— (k) the maximum quantity of each kind of explosive to be stored in each magazine; (l) the purpose of storage; (m) the product name, UN number, classification code, packaging group and maximum quantity for each kind of dangerous substance (other than explosives) to be stored on the premises; (n) for any external magazine (whether portable, relocatable or permanent) details of the following: (i) any mounding; (ii) any lightning protection; (iii) any fencing; (o) details of signage for each magazine and any fencing or building in which the magazine is contained; (p) a security plan prepared in accordance with section 128A (Storage licence applications—security plans); (q) any other information or documents required by a form for the

defined details, for a scale plan of the premises where the explosives are to be stored, means the following: (a) the boundaries of the premises and the nature of any fencing; (b) the location of all buildings and structures on the premises and their uses, including details of quantities of explosives and any other dangerous substances that may be present there; (c) the location of each magazine or other storage facility for explosives and other dangerous substances; (d) details of applicable separation distances for explosives and dangerous substances; (e) any protected works within the separation distances; (f) the location of services and utilities, including generation or distribution areas, and underground pipes and infrastructure; (g) details of all internal roads and points of entry into, and exit from, the premises; (h) the locations of all fire protection devices, including any automatic fire sprinkler systems, fire hydrants, fire hose reels and portable fire-extinguishers.

128A Storage licence applications—security plans (1) A security plan for storing an explosive must be based on a security risk assessment. (a) details of the precautions to be taken to ensure the premises where the explosive is stored are secure; (b) procedures for controlling access to the premises and to the

(d) procedures for reporting any loss, theft or attempted theft of the (e) any information or documents required by a form for the

129 Storage licence conditions—Act, s 53 (2) (b) The following conditions apply to a storage licence for an explosive: (b) the licensee must store the explosive only for the purpose stated in the licence; system, including an emergency plan, for the storage of the explosive under the licence; (d) the licensee must ensure that— (ii) a copy of the plan is available for inspection at each magazine used for storing the explosive under the licence;

storage of the explosive under the licence.

129A Storage licences—review of security plans The holder of a storage licence for an explosive must—

130 Storage records (1) The holder of a storage licence must, for each magazine used for storage of explosives under the licence— (a) make a record of the storage of an explosive in the magazine that complies with subsection (2); and (b) while explosives are stored in the magazine under the licence— maintain an accurate inventory of the contents of the magazine.

(a) either— (b) the date of receipt; (c) the name and licence details of the person (if any) from whom the explosive was received; (d) the name and licence details of any person on whose behalf the licensee is storing an explosive; (e) the date the explosive is removed from the magazine; (f) the reason for removal; Examples of reasons 1 use 2 supply 3 disposal (g) any information or documents required by a form for the record (3) The holder of a storage licence must keep a record made under this section of the storage of an explosive from the day on which it is stored until at least 3 years after the day the explosive is removed from storage, whether or not the licence continues in force.

131 Application of div 2.7.3 This division applies to the licensable storage of explosives in a magazine under a storage licence.

132 Meaning of magazine area magazine area means a site where there are 2 or more magazines to which this division applies.

133 Requirement for storage in magazine If an explosive is subject to licensable storage, the explosive must be stored in a magazine in accordance with this division.

134 Licensable storage—notice to fire authorities (1) The licensee must give written notice of the following information to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate, as soon as practicable after the licence is issued, renewed or amended: (a) a copy of the licence; (b) a site plan showing the location of the magazine. (2) If the licence is cancelled or otherwise ceases to be in force, the former licensee must give written notice of the cancellation or cessation to the chief officer (fire and rescue service) or the chief officer (rural fire service), whichever is appropriate, within 7 days after— (a) the day of the cessation; or

(b) if the licence is cancelled—the day the former licensee is told about the cancellation.

135 Separation distances for magazines between the magazine and any of the following: (a) other magazines; (b) other buildings on the premises; Note 1 AS 2187.1, table 3.2.3.2 sets out the separation distances that are applied by this regulation. Note 2 In applying AS 2187.1: (2) In the application of AS 2187.1 under subsection (1), a reference in AS 2187.1 to the quantity of an explosive is taken to be a reference to— (a) for a reference to the lowest quantity stated in AS 2187.1—any lesser quantity of the explosive; and

(b) for a reference to a higher quantity stated in AS 2187.1—a quantity of explosive equal to or greater than the next lowest stated quantity but less than the higher quantity. The lowest quantity mentioned in AS 2187.1 of an explosive is 50kg. The next 2 higher quantities mentioned are 100kg and 200kg.

1 The separation distances set out in AS 2187.1 for explosives of 50kg apply under this section to all quantities of the explosive that are less than 50kg.

2 The separation distances set out in the standard for explosives of 100kg apply under this section to all quantities of explosive that are equal to or greater than 50kg but less than 100kg. 3 Similarly, the separation distances set out in the standard for explosives of 200kg apply under this section to all quantities of explosive that are equal to or greater than 100kg but less than 200kg. (3) Subsection (1) does not apply— (a) to an annexe to the magazine where detonators are stored if— (i) there are no more than 50 000 detonators in the annexe; and (ii) the distance between the annexe and any magazine is in accordance with the requirements stated in AS 2187.1 for separation distances between premises used for the storage of detonators and premises used for storing other explosives; or (b) to an annexe to the magazine if— (i) the magazine is used for the packing of fireworks; and (ii) there are no more than 200kg of fireworks in the annexe; or (c) to special portable magazine storage under division 2.7.4. (4) Despite AS 2187.1, the separation distance for any quantity of explosive of hazard division 1.4 is 25m from process buildings and protected works.

136 Construction of magazines The magazine must be sited, designed and constructed in accordance with AS 2187.1. Note AS 2187.1 sets out general requirements for magazine siting, design and construction, together with specific requirements for different kinds of magazine, including portable magazines, relocatable magazines and fixed or permanent magazines (above and below ground).

137 Mounding for above-ground magazines (1) If mounding is used for an above-ground magazine, the mounding must be constructed in accordance with AS 2187.1. Note See AS 2187.1, s 2.1.1.4 and appendix B. (2) However, mounding may be constructed otherwise than in accordance with AS 2187.1, if constructed taking into consideration the following matters: (a) the potential blast and fragmentation loading from the magazine; (b) the interaction of that loading with the materials of construction of the mound; (c) the need to avoid the projection of any resulting fragmentation beyond the applicable separation distances.

138 Lightning protection An above-ground magazine must be provided with lightning protection in accordance with the requirements of AS 2187.1. Note See AS 2187.1, s 2.1.5.

139 Security fencing for above-ground magazines (1) This section applies if the explosives are stored in— (a) an above-ground magazine; or (b) 2 or more above-ground magazines in a magazine area.

(2) The magazine or magazine area must be surrounded by a security fence. (3) The security fence must be constructed in accordance with AS 2187.1. Note See AS 2187.1, s 2.1.1.5 and appendix C. (4) This section does not apply to an internal portable magazine within the meaning of AS 2187.0.

140 Magazine markings The magazine must be marked in accordance with AS 2187.1. Note See AS 2187.1, s 2.1.3.

141 Storage of explosives and essential articles only (1) The magazine must not contain anything except explosives and any articles required to be kept by this division. (2) So far as necessary, the following articles may be stored in a designated area of the magazine: (a) footwear, tools or implements for work connected with the storage of explosives in the magazine, or with the opening of packages of explosives; (b) materials connected with the making up of loads for packaging

142 Storage of more than single compatibility group (1) Explosives must be stored in the magazine in accordance with the following requirements: (a) detonators and capped fuses must be stored in a magazine or annexe that does not contain anything else; (b) the magazine or annexe must not contain explosives of more than a single compatibility group.

(2) However— (a) explosives from different compatibility groups may be stored together in accordance with AS 2187.1; and Note See AS 2187.1, s 3.1.2. (b) explosives that are ammonium nitrate-based must not be stored with chlorate-based explosives.

143 General operational requirements The magazine, and the area (including any mounds) surrounding the magazine, must be managed, operated, and maintained in accordance with AS 2187.1.

144 Packaging of explosives Explosives in the magazine must be— (a) for an explosive mixture to which section 76 (Storage of unused explosive mixtures) applies—stored in accordance with that section; or (b) in any other case—packed in accordance with part 2.3.

145 Defective explosives or packages (1) As soon as practicable after the discovery of defective explosives in the magazine, the explosives must be— (a) removed from the magazine; and (b) disposed of in accordance with part 2.10 (Disposal of explosives). (2) As soon as practicable after the discovery of a defective package of explosives in a magazine— (a) the package must be removed from the magazine; and (b) the explosives must be repacked.

146 Requirement for materials handling equipment Materials handling equipment, including forklifts, lifting appliances, pumps and other equipment that is used in the magazine, must comply with, and be operated in accordance with, AS 2187.1. Note See AS 2187.1, s 4.5.

147 Emergency management (1) If there is an emergency mentioned in AS 2187.1 that affects explosives stored in the magazine— (a) the requirements of that standard must be complied with; and (b) the licensee’s emergency plan must be complied with, unless it is inconsistent with the requirements of the standard. Note See AS 2187.1, s 5, which deals with emergency procedures in the event of thunderstorm, dust storm, theft and fire. (2) However, subsection (1) (b) does not apply if division 2.7.4 (Special portable magazine storage) applies to the storage of the explosives. (3) Appropriate firefighting equipment must be— (a) provided for the magazine; and (b) maintained in good condition and working order; and (c) available for immediate use.

148 Additional fire precautions for magazine areas (1) This section applies if the magazine is in a magazine area. (2) A person must not bring matches, cigarette lighters or any other source of ignition into the magazine area.

(3) A person must not smoke in the magazine area. (4) A person must not bring a vehicle into the magazine area except for— (a) loading or unloading explosives as required by the licensee; or (b) parking at a place authorised by the licensee; or (c) security patrols authorised by the licensee; or (d) inspection by an inspector. (5) The magazine area must be kept free from combustible or flammable materials (including any rubbish). (6) Dry grass and other vegetation in the magazine area must be controlled to prevent or minimise the risk of a fire spreading within the area. (7) An offence against this section is a strict liability offence.

149 Security (1) The licensee must— (a) ensure that the magazine is kept securely locked, except when it is required to be open for purposes relating to its use or management; and (b) ensure that the keys to the magazine and to the magazine area are at all times in the licensee’s custody (or in the custody of a person authorised by the licensee); and (c) if asked, give the keys to an inspector or police officer exercising a function under the Act. (2) A person commits an offence if— (a) the keys to a magazine are in the person’s custody; and

(b) an inspector or police officer exercising a function under the Act asks the person to give the keys to the inspector or officer; and (c) the person fails to give the keys to the inspector or officer. (3) A person commits an offence if— (a) the person enters a magazine or a magazine area; and (b) the person is not authorised to do so by the licensee or a person controlling or managing the magazine or area; and (c) the person is not an inspector or police officer.

150 Notices to be posted in magazines A notice that states the kinds and quantities of explosives that are licensed to be stored in the magazine and any annexe must be posted on the inside of the entrance to, or lid of, the magazine.

151 Number of persons present at a magazine The number of people present at the magazine and any annexe at any particular time must be kept to a minimum.

152 Night work at magazines (1) Explosives must not be placed in, or removed from, the magazine outside daylight hours unless the magazine is lit by— (a) electric lighting that complies with AS 2187.1; or (b) a hand-held flameproof torch. Note See AS 2187.1, s 2.1.4. (2) This section applies to an underground magazine at all times.

153 Storage in portable magazines—general requirements (1) Licensable storage in a portable magazine at a licensed storage place must comply with the following requirements: (a) the storage place must be— (i) detached from any building where people live; and (ii) not accessible to the public; and (iii) used exclusively for the storage of explosives; and (iv) kept securely locked, except when required to be open for purposes relating to its use or management; (b) the explosives must be stored as far away as is practicable from the entry points of the storage place; (c) the entry to the storage place must be kept clear at all times; (d) the floor and other parts of the storage place must be kept clean and free of extraneous materials; (e) explosives of compatibility group B (other than detonators) must be kept in a separate storage place located at least 3m away from any other explosives.

154 Maintenance on rooms or buildings where explosives are stored (1) If maintenance, renovation, repairs, or reconstruction, (maintenance work) is to be carried out on a room or building that is a licensed storage place, all explosives must be removed while the maintenance work is carried out. (2) Subsection (1) does not apply if the work health and safety commissioner gives written approval for the maintenance work to be carried out while the explosives remain in the room or building.

Special portable magazine storage Division 2.7.4 (3) A decision of the work health and safety commissioner to refuse a request for approval is a reviewable decision for the Act, section 186, definition of reviewable decision, paragraph (b). (4) The person requesting approval is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review).

155 Application of div 2.7.4 (1) This division applies to the special portable magazine storage of explosives under a storage licence at a licensed storage place on the licensed premises, if— (a) there is special portable magazine storage at no more than 3 portable magazines on the licensed premises; and (b) there are no other magazines on the licensed premises. (2) This division applies in addition to the requirements of division 2.7.3, other than section 135 (Separation distances for magazines).

156 Meaning of licensed premises for div 2.7.4 In this division: licensed premises means premises where the explosives are authorised to be stored under a storage licence.

157 Meaning of special portable magazine storage special portable magazine storage, of an explosive mentioned in table 157, column 2, means licensable storage of the explosive in a portable magazine in a quantity no greater than that mentioned in column 3 for the explosive. Table 157 Special portable magazine storage item 10kg 2 propellants of classification code 1.3C, if correctly packed in packages of capacity of not more than 5kg 50kg 3 distress signals of classification code 1.3G, if unaccompanied by distress signals of 15kg 4 distress signals of classification code 1.4G, if unaccompanied by distress signals of classification code 1.3G 30kg 5 fuse lighters of classification 30kg 6 safety cartridges of classification code 1.4S, other than ammunition 50 000 in number 7 primers or percussion caps of 50 000 in number

Special portable magazine storage Division 2.7.4 item 8 safety fuse of classification code 1.4S 5 000m 9 airbag inflators, airbag modules and seatbelt pretensioners of hazard division 1.4, if not installed in vehicles or in completed vehicle components 50kg 10 model rocket motors of hazard division 1.4 50kg 11 sparklers of hazard division 1.4 50kg

158 Special portable magazine storage—separation distance The separation distance for explosives stored in a portable magazine on the licensed premises is 10m from any place where dangerous substances are stored (including another portable magazine).

159 Special portable magazine storage—signs for premises (1) At the main entrance to the licensed premises, a notice must be displayed showing a class label not less than 100mm square in relation to the kinds of explosive stored in each portable magazine. class label—see the ADG Code. Note 1 The ADG Code, s 7.1.1 (1) sets out the requirements for class labels for dangerous goods. Class labels are required to be attached to packages, containers and loads of dangerous goods and are used to identify the class of dangerous goods contained. Note 2 The ADG Code does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 213 and Legislation Act, s 47 (7)). The ADG Code is accessible at www.ntc.gov.au.

160 Special portable magazine storage—fire precautions Any combustible material must be kept at least 3m away from— (a) the explosives; and (b) any licensed storage place.

161 Application of div 2.7.5 This division applies to the exempt storage of explosives. Note Exempt storage is storage of explosives mentioned in table 124 in quantities no greater than those mentioned in the table, subject to conditions (if any) mentioned in the table (see s 124). For example, storage of propellant gunpowder of classification code 1.1D in a quantity of no more than 2kg would be exempt storage if the gunpowder is stored for personal use.

162 Exempt storage—fire precautions (1) A responsible person for the exempt storage of an explosive must ensure that any combustible material, and any source of ignition, is kept at least 2m away from— (a) the explosive; and (b) any place where the explosive is stored.

Exempt storage Division 2.7.5

163 Exempt storage requirements—general (1) A responsible person for the exempt storage of an explosive must ensure that the explosive is stored as follows: (a) the explosive must be stored in its original container or in the packaging in which it was supplied; (b) the explosive must be stored in 1 of the following places: (i) a magazine (including a portable magazine), in compliance with division 2.7.3; (ii) a portable magazine, in compliance with division 2.7.4; (iii) a locked room; (iv) a locked receptacle (other than a document safe, money safe or refrigerator); (c) the explosive must be stored out of reach of children. (2) Subsection (1) does not apply to the storage of safety fuse or general use fireworks.

164 Storage of safety fuse (1) A responsible person for the exempt storage of safety fuse must ensure that the safety fuse is stored as follows: (a) the safety fuse must be stored in a cool, dry place; (b) the safety fuse must be stored away from any substance liable to penetrate the fuse and affect its burning rate (for example, petroleum liquids or solvents);

(c) the safety fuse must be stored in 1 of the following places: (i) a magazine (including a portable magazine), in compliance with division 2.7.3; (ii) a portable magazine, in compliance with division 2.7.4; (iii) a locked receptacle (other than a document safe, money safe or refrigerator); (d) the safety fuse must be stored out of reach of children.

Interpretation Division 2.8.1 Division 2.8.1 Interpretation

165 Meaning of supply licence supply licence means a licence issued for this part authorising the supply of explosives. Note 2 Supply (of a dangerous substance) is defined in the Act, dict, to include sale and any other transfer of ownership. Explosives are dangerous

166 Authority to supply explosives A person is authorised to supply an explosive if— (a) the person holds a supply licence authorising the supply of the explosive; or (b) the explosive is a general use firework. Note 2 A person who supplies an explosive without authorisation may commit an offence against the Act, pt 5.1.

167 Person in control of supply—Act, s 17 (1) (e) For the Act, the holder of a supply licence is a person in control of all of the following in relation to the supply of an explosive under the

(b) the premises from which the explosive is supplied;

168 Reasonable steps for supply—Act, s 16 (2) (e) supply of an explosive, consideration must be given to whether the the supply.

169 Supply licence applications—Act, s 50 (2) An application for a supply licence must include the following for—

Supply licences Division 2.8.2 (c) the purpose of the supply; (d) details of any licence authorising the storage of the explosives at the premises from which the explosives are to be supplied; supply of explosives under the licence; (f) for each kind of explosive to be supplied; (g) procedures to ensure that explosives are only supplied to people authorised to receive them; (h) record-keeping procedures to be adopted to ensure compliance with the Act; (i) any other information or documents required by a form for the

170 Supply licence conditions—Act, s 53 (2) (b) The following conditions apply to a supply licence for an explosive: (b) the licensee must supply the explosive only from premises where the explosive is authorised to be stored under a licence; (c) the licensee must supply the explosive only for the purpose stated in the licence; (d) the licensee must establish and maintain a safety management system for the supply of the explosive under the licence; (e) the licensee must provide anyone with a safety data sheet for the

(f) the licensee must ensure that no-one other than a security cleared (g) the licensee must apply to the work health and safety (h) the licensee must— supply of the explosive under the licence.

171 Application—div 2.8.3—fireworks This division does not apply in relation to the supply of general use

Explosives—supply requirements Division 2.8.3

172 Place of supply An explosive must not be supplied in a public place. Examples of public places 1 roads 2 road related areas within the meaning of the Road Transport (Safety and Traffic Management) Act 1999, dict. 3 markets and fairs 4 agricultural shows and other shows

173 Display prohibited An explosive must not be displayed for supply at any premises. Examples of prohibited display at premises 1 on shelves 2 on counters 3 in windows

174 Supply only to authorised people (1) An explosive must not be delivered under the authority of a supply licence to a person unless— (a) the person shows the supplier a licence authorising the person to possess the explosive, or a certified copy of the licence; or (b) possession of the explosive is otherwise authorised under this regulation; or (c) the person shows the supplier a written authority (however described) under a corresponding law that authorises possession of the explosive, or a certified copy of the authority. Example of authorised possession for par (b) exempt storage of explosives

(2) However, an explosive for use in a blasting operation must not be delivered to a person under the authority of a supply licence unless— (a) subsection (1) (a), (b) or (c) applies; or (b) the person shows the supplier an official order to purchase the explosive (or explosives of the type requested) on behalf of the Commonwealth; or (c) the person shows the supplier a special authority to purchase the explosive under division 2.9.5, or a certified copy of the authority. (3) The following requirements must be complied with for the delivery to a person of explosives for use in a blasting operation: (a) the amount of explosives to be supplied in a single day must not exceed the amount the person is authorised to purchase under the relevant licence or authority; (b) the information required by section 176 must be recorded in the supply record book before the explosives are delivered; and (c) explosives may be delivered only if the licensee is satisfied that they will be carried using a receptacle or vehicle that complies with the requirements of part 2.6 (Carrying explosives). certified copy, of a licence or authority, means a copy of the licence or authority certified by the licensee or authority-holder to be a true copy.

175 Supply of defective explosives or packages (1) The holder of a supply licence must not supply defective explosives, or explosives in defective packages, unless the supply is approved in writing by the work health and safety commissioner.

Explosives—supply requirements Division 2.8.3 (2) A decision of the work health and safety commissioner to refuse a request for approval is a reviewable decision for the Act, section 186, definition of reviewable decision, paragraph (b). (3) The person requesting approval is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review).

176 Supply records (1) The holder of a supply licence must, for each explosive supplied under the licence, make a record of the supply that complies with subsection (2) in a supply record book. (a) the date of supply; (b) the name, address and telephone number of the person for whom the explosive is supplied; (c) licence details, or details of any other authority, shown to the supplier for section 174; (d) the name and classification code of the explosive; (e) the quantity of the explosive and how it is packaged; 1 30kg supplied in 3 bags of 10kg 2 30kg supplied in 1 bag of 30kg 3 20L supplied in the customer’s own container (f) the signature of the person taking delivery of the explosive and, if that person is not the person for whom the explosive is supplied, the name, address and telephone number of the person taking delivery; (g) the proposed use of the explosive;

(h) any information or documents required by a form for the record (3) The pages of the supply record book must be serially numbered and be bound to prevent the pages from being easily removed. (4) The licensee must, whether or not the licence continues in force, keep for at least 5 years after each entry is made in the supply record book in relation to a particular supply of an explosive— (a) the supply record book; and (b) any documentary proof given to the supplier of any licence or authority given to the supplier for section 174 in relation to the supply. (5) The licensee must make the supply record book and any documents kept under subsection (4) (b) available for examination at the direction of an inspector or police officer. (6) A person who takes delivery of an explosive from the licensee must sign the licensee’s supply record book. (7) An offence against this section is a strict liability offence.

177 False or misleading statements about authority to supply (1) A person commits an offence if— (a) the person makes a statement (whether orally, in a document or in any other way); and

Advertising—supply of explosives Division 2.8.4 (b) the statement is about— (i) the supply or possible supply of explosives; or (ii) the promotion in any way of the supply or use of (c) the statement is about the availability of the explosives to members of the public; and (d) the statement is false or misleading; and (e) the person is reckless about whether the statement— (i) is false or misleading; or (ii) omits anything without which the statement is false or misleading; and (f) the statement is made in the course of trade or commerce. (2) Absolute liability applies to subsection (1) (f). (3) Subsection (1) (d) and (e) (i) do not apply if the statement is not false or misleading in a material particular. (4) Subsection (1) (d) and (e) (ii) do not apply if the omission does not make the statement misleading in a material particular.

178 Application of pt 2.9 (1) This part applies to the use of explosives. (2) However, this part does not apply in any of the following circumstances: (a) use of an explosive by an inspector or police officer exercising a function under the Act; (b) use of any of the following explosives: (i) a general use firework; (ii) model rocket motor; (iii) a safety cartridge; (iv) an explosive power tool cartridge; (c) use of a firework under a fireworks display permit; (d) use of a distress signal in an emergency or for a test to prepare for an emergency.

179 Using explosives—definitions blasting permit, for a blasting operation at premises, means a licence issued for this part authorising the operation at the premises as stated in the blast plan for the licence. blast plan, for division 2.9.4 (Blasting permits)—see section 189. Note A blast plan forms part of the safety management system for a blasting operation authorised by a blasting permit (see s 188 (b)). shot-firer means a person who holds a shot-firer licence.

Using explosives—general Division 2.9.2 shot-firer licence, for explosives, means a licence issued for this part authorising the use of the explosives stated in the licence.

180 Authority to use explosives (1) A person is authorised to use an explosive, or to manufacture ANFO for immediate use, if the person— (a) holds a shot-firer licence authorising that use or manufacture; or (b) is an individual engaged (as an employee or contractor) to use the explosive, or to manufacture the ANFO, under the direct supervision of a person who holds a shot-firer licence. (2) However, a person is authorised to use an explosive only if its use is for a blasting operation in accordance with this regulation that is authorised by a blasting permit. Note 1 Shot-firer licences and blasting permits are licences issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous Note 2 A person who uses an explosive without authorisation may commit an

181 Licence or permit to be produced A person who holds a shot-firer licence or a blasting permit must— (a) carry the licence or permit at all times when using, or preparing to use, the explosives authorised to be used by the licence or permit; and (b) produce the licence or permit when asked to do so by an inspector, police officer or firefighter.

182 Use of explosives—responsibilities of person in control (1) A person in control of premises must ensure that an explosive is used at the premises only— (a) by a person authorised to use the explosive under this part; and (b) in accordance with a blasting permit for the explosive. (2) This section does not apply to the use of an explosive under the supervision of an inspector or police officer exercising a function under the Act.

183 Person in control of using explosives—Act, s 17 (1) (e) (1) For the Act, the holder of a shot-firer licence is a person in control of all of the following in relation to the use of an explosive under the (b) the premises where the explosive is used; (2) For the Act, the holder of a blasting permit is a person in control of all of the following in relation to a blasting operation carried out under the permit: (a) the handling of explosives for the operation; (b) the premises where the operation takes place;

184 Reasonable steps for handling explosives for blasting operations—Act, s 16 (2) (e) handling of explosives for a blasting operation, consideration must be given to whether the requirements under this part have been complied with in relation to the operation.

185 Shot-firer licence applications—Act, s 50 (2) An application for a shot-firer licence must include the following for— (b) 2 passport-sized photographs of the applicant;

(c) the purpose of the use; (d) where the explosive is to be stored; use of explosives under the licence; (f) for each kind of explosive to be used— (g) details of any training course approved for section 186 (2) (b) that the applicant has attended in the use of explosives, and evidence that the applicant passed the course, or met an applicable standard of competency because of the course; (h) evidence that the applicant has suitable practical experience in the use of the explosives intended to be used under the licence; (i) any other information or documents required by a form for the

186 Suitable people to hold shot-firer licences—Act, to be issued with, or to continue to hold, a shot-firer licence include the following: (a) whether the person is an individual; (b) whether the person has demonstrated adequate knowledge and experience of the following matters (the licence criteria): (i) safety in the use of explosives by the method stated in the application; and

(ii) the requirements of this regulation that relate to explosives and that method of use. (2) For subsection (1) (b), a person is taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant meets 1 or more of the following conditions: (a) the applicant has passed an examination approved by the work health and safety commissioner to test the applicant’s knowledge and experience of the licence criteria; (b) the person has— (i) attended a training course approved by the work health and safety commissioner on the use of explosives for blasting operations; and (ii) passed the course, or met an applicable standard of competency to the satisfaction of the work health and safety commissioner because of the course; and (iii) demonstrated suitable practical experience in the use of the explosives intended to be used under the licence, to the satisfaction of the work health and safety commissioner; (c) the person has demonstrated suitable practical experience in the use of the explosives intended to be used under the licence, to the satisfaction of the work health and safety commissioner. (3) A person is also taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant holds a qualification relating to the use of explosives for blasting operations issued outside the ACT that is approved by the work health and safety (4) An approval under this section is a notifiable instrument.

187 Shot-firer licence conditions—Act, s 53 (2) (b) (1) The following conditions apply to a shot-firer licence for an explosive: (b) the licensee must ensure that the explosive is used only for the purpose stated in the licence; system for the use of the explosive under the licence; (d) if the licence authorises the manufacture of ANFO for the personal use of the licensee, the licensee must ensure that— (i) no more than 50kg of ANFO is manufactured at any single time; and (ii) the ANFO is only manufactured using the defined components; and (iii) a colouring agent is used to differentiate mixed ANFO from unmixed components;

of the explosive under the licence. defined components, of ANFO, means— (a) ammonium nitrate as the oxidising agent; and (b) clean oil, fuel oil or another oil having a flash point of 60.5˚C or higher as the fuel component.

187A Use records (1) The holder of a shot-firer’s licence must, for each explosive used under the licence, make a record of the use that complies with subsection (2). (a) the name and classification code of the explosive; (b) the quantity of the explosive used; (c) the purpose for which the explosive was used; (d) any information or documents required by a form for the record

(3) The holder of a shot-firer’s licence must keep a record made under this section of the use of an explosive for at least 3 years after the day of use, whether or not the licence continues in force.

188 Blasting permit applications—Act, s 50 (2) An application for a blasting permit for a blasting operation to be carried out by a shot-firer at premises must include the following (a) the name, business address and telephone number of the applicant; (b) documentation describing a safety management system (including a blast plan) for the blasting operation; Note Section 189 sets out the information to be included in a blast plan. (c) a copy of any documents, including engineering and similar reports, to which the applicant or the responsible shot-firer has access, about— (i) the use of explosives at the premises; and (ii) if the proposed use of the explosives is in relation to the demolition of all or part of a building or structure—the demolition of the building or structure; (d) details of any other information the applicant or the shot-firer knows that is material to the application; (e) a consent signed by the shot-firer for— (i) a police officer to make inquiries about the shot-firer’s criminal record; and

(ii) for the shot-firer to be examined, if necessary, under section 190; (f) any other information or documents required by a form for the

189 Blast plans For this division, a blast plan is a plan for a particular blasting operation at premises stating the following: (a) the purpose of the operation; (b) details of the premises where it is proposed to use the explosives; (c) for the proposed shot-firer— (i) the shot-firer’s name, business address, telephone number and shot-firer licence number; and (ii) the shot-firer’s qualifications, knowledge and experience relevant to the purpose of the blasting operation; (d) the arrangements for the control and supervision of the use of the explosives; (e) the relationship of the blast point of the explosives to nearby premises (affected areas); Examples of affected areas 1 public areas 2 facilities for water, gas, electricity and telecommunication services 3 public transport and emergency transport routes (f) whether the permission of people in control of affected areas has been obtained;

(g) details (including the outcome) of consultation conducted with anyone who could be affected by the detonation of the explosives, including the public, about the following: (i) the blasting proposal and any possible dangers arising from it; (ii) any disruptions to the use of affected areas; (h) arrangements for the giving of notice of the detonation of the explosives to anyone that may be affected by the detonation, including the public; (i) if it is proposed to demolish all or part of a building or structure— (i) the building or structure’s occupancy classification under the building code approved under the Building Act 2004; and (ii) a brief description of its structural support system and the main materials of its construction; and (iii) the method of demolition; and (iv) the sequence of the demolition works; (j) the kind and quantity of explosives to be detonated; (k) the occasion or occasions when explosives are to be detonated (including test detonations); (l) the procedure for the preparation and placement of the explosives and the detonation sequence of the explosive charges; (m) safety measures for the detonation of the explosives, including the security of people and premises, the exclusion zone and the warning procedures; (n) the procedure to be followed if explosives misfire;

(o) the method of disposal of any explosives unused at the completion of the proposed purpose; (p) the storage facilities for the explosives at the premises and the proposed procedures for the control and management of the facilities; (q) the procedure for carrying the explosives about the workplace; (r) any other information or documents required by the form for a blast plan approved under the Act, section 222. (s) any other information required by the work health and safety

190 Suitable people to hold blasting permits—Act, s 49 (1) (i) (1) This section applies in relation to working out whether an applicant for either of the following is a suitable person to hold a blasting permit or an amended blasting permit: (a) the issue of a blasting permit for a blasting operation; (b) the amendment of a blasting permit under the Act, section 58 (Licence—application to amend by licensee). Note 1 A blasting permit is a licence under the Act (see s 179, def blasting permit). For working out who is a suitable person to be issued with a blasting permit, see also s 40A. (2) In deciding the application, the work health and safety commissioner must have regard to matters including the following in deciding whether the applicant is a suitable person: (a) whether the shot-firer for the operation has demonstrated practical experience in the use of explosives as proposed in the application;

(b) whether the applicant’s safety management system (including the blast plan) for any relevant blasting operation is suitable for the operation. (3) The work health and safety commissioner may, by written notice to the applicant, require the shot-firer for the operation to show by a practical or oral examination the shot-firer’s competence to use explosives in accordance with the blast plan. (4) A practical examination must be conducted under the supervision of an inspector.

191 Blasting permit conditions—Act, s 53 (2) (b) (1) The following conditions apply to each blasting permit: (a) only authorised explosives may be used for a blasting operation authorised by the permit; (b) the permit-holder must establish and maintain a safety management system (including a blast plan) for the blasting operation authorised by the permit; (c) the shot-firer for the operation must hold a shot-firer licence authorising the use of the explosives stated in the blast plan for the purpose stated in the blast plan; (d) the exclusion zone as set out in the blast plan must be maintained for the blasting site; (e) the permit-holder must— permit-holder under this part; and

of explosives for any blasting operation conducted under the authority of the permit. Note 1 A blasting permit is a licence under the Act (see s 179, def blasting permit). A blasting permit is also subject to any conditions included in the permit by the work health and safety commissioner (see the Act, s 53 (2) (a)). Note 2 The holder of a blasting permit who fails to comply with a condition of the permit may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). (2) If a person holds a shot-firer licence as well as a blasting permit, an obligation that applies to the person under this part in either capacity is taken to be a condition of both the licence and the permit.

192 Evaluation of blasting operations (1) After the completion of a blasting operation authorised by a blasting permit, the permit-holder must— (a) make a written evaluation of the operation, including the use of explosives in the operation; and (b) if required by written notice from the work health and safety commissioner—give a copy of the evaluation to the work health and safety commissioner.

Division 2.9.5 Purchase of additional explosives for blasting operations Division 2.9.5 Purchase of additional explosives for blasting operations 193 Application for special purchase authority For division 2.8.3 (Explosives—supply requirements), a shot-firer may make a written application to the work health and safety commissioner for special authority as required by that division to be supplied with a greater amount of explosives than is stated in the shot- firer licence or any blasting permit that authorises the shot-firer to conduct a blasting operation.

194 Issue of special purchase authority (1) On an application under section 193, the work health and safety commissioner may issue the shot-firer with the special authority sought, in writing, if satisfied that— (a) the amount and kind of explosives is necessary for completion of a blasting operation; and (b) explosives purchased for the blasting operation will be stored in compliance with part 2.7 (Storing explosives). (2) A decision of the work health and safety commissioner to refuse to issue a special purchase authority is a reviewable decision for the Act, (3) The applicant for the special authority is prescribed for the Act, section 190 (Reviewable decision notices) and section 191 (b) (Applications for review).

On-site storage by shot-firers Division 2.9.6

195 Method of storing explosives at a blasting site (1) Explosives must be stored at a blasting site— (a) in accordance with part 2.7 (Storing explosives); or (b) securely aboard a road or rail vehicle in accordance with part 2.6 (Carrying explosives); or (c) in a portable magazine under section 196. (2) This section does not apply to— (a) explosives in blast holes; or (b) explosives in immediate use in the making up of a charge; or (c) the carrying of explosives in their original packages within a mine or a quarry; or (d) pumpable emulsions, watergel slurries or free-flowing explosives that are safely stored and handled in accordance with information supplied by the manufacturer of the product and the operating procedures for the blasting site.

196 Temporary on-site storage (1) For section 195 (1) (c), the following requirements must be complied with if explosives are kept in a portable magazine at a blasting site: (a) unless allowed by subsection (2) or (3)— (i) explosives of compatibility group D must not be kept in the same magazine as explosives of classification code 1.4G (for example, plastic igniter cord and fuse lighters); and (ii) detonators must not be kept in the same magazine as any other explosives;

(b) except during the preparation of a charge— (i) the magazine must be locked; and (ii) the magazine containing detonators must be separated by at least 1m from a magazine containing other explosives. (2) However, up to the following amounts of explosives may be kept together in any combination in the same magazine at a blasting site: (a) 500m of igniter cord; (b) 500g of fuse lighters; (c) 3.5kg of explosives of Compatibility Group D. (3) Also, detonators may be kept together in the same magazine at a blasting site with any other explosives if— (a) there are no more than 25 detonators and 3.5kg (in total) of other (b) the detonators are kept in 1 compartment and any other explosives are kept in another compartment; and (c) the magazine has an airspace or space filled with an inert material capable of preventing communication of an explosion in the detonator compartment to explosives stored in other compartments; and (d) the compartment containing the detonators is labelled ‘MAX 25’; and (e) the compartment containing the other explosives is labelled ‘MAX 3.5KG’. (4) Explosives at a blasting site, whether stored aboard a road or rail vehicle, or in a portable magazine under this section, must be transferred at or before the end of work for the day to a place of storage that complies with part 2.7.

Equipment for blasting operations Division 2.9.7

197 Ignition sources at blasting sites A source of ignition must not be introduced within 10m of an explosive at a place where the explosive is awaiting use, unless the source of ignition is necessary to fire a charge.

198 Defective explosives Defective explosives, or explosives in defective packages— (a) must be disposed of in accordance with part 2.10; and (b) must not be disposed of by being used for normal blasting operations in a mine or a quarry unless an inspector has authorised the disposal of the particular explosives by that method.

199 Requirement to provide equipment The holder of a blasting permit must comply with any reasonable request by the shot-firer for the blasting operation authorised by the permit about the provision and maintenance of equipment necessary for compliance with this regulation.

200 Condition of blasting equipment Blasting equipment that is, or is to be, employed in the use of explosives must be kept in good repair.

201 Equipment used to initiate explosives (1) Equipment used to initiate explosives must be designed and constructed in a way that makes it safe to use. (2) An exploder, circuit tester, rheostat or other equipment used to initiate explosives charges must comply with— (a) AS 2187.2; or

(b) if that standard does not apply—a specification approved by the work health and safety commissioner. (3) An approval under subsection (2) (b) is a notifiable instrument. (4) A storage battery or dry cell must not be used to fire a charge, unless it forms part of an exploder that complies with subsection (2). (5) A firing cable must comply with AS 2187.2.

202 Labelling, identification and testing of exploders (1) An exploder used or intended to be used for firing an explosive must be labelled with— (a) a distinguishing serial number; and (b) the number of detonators that can satisfactorily fire in a normal series circuit. (2) An exploder used or intended to be used for firing an explosive must be tested to assess its proper functioning— (a) at least every 7 days, when in use; and (b) when used for the first time or after a period of non-use of longer than 30 days; and (c) if the person using the exploder suspects a loss of efficiency; and (d) if required by an inspector.

203 Firing switches, short-circuit switches and switchboxes A firing switch, short-circuit switch or switchbox used for mains firing in a mine must be of a kind approved by an inspector.

204 Shot-firer to take due precautions (1) A shot-firer must take all precautions that are necessary and reasonable to prevent any danger to people or damage to property from the use of explosives by the shot-firer in the course of a blasting (2) If a person other than the shot-firer is in charge of a blasting operation, the person must take all precautions that are necessary and reasonable to prevent any danger to people or damage to property from the use of explosives in the course of the operation.

205 Blasting warnings—general (1) A person intending to fire an explosive for a blasting operation (a) give a warning that is sufficient and appropriate to people near the firing operation; and (b) take all necessary precautions to— (i) ensure that people near the blasting area are at a safe distance from the blasting area; or (ii) provide appropriate blasting shelters, and ensure that people who may be endangered by the blasting operations use these shelters; and (c) ensure that all means of approach to the area are secured against entry by the public or vehicles; and

(d) except in underground blasting operations—before and after firing, ensure that an effective audible warning signal is given in accordance with— (i) the system required by section 206 or section 207; or (ii) any alternative or additional requirements stated in the blasting permit. Examples for par (c) of means to prevent entry 1 display of warning signs 2 posting of guards (2) For subsection (1) (d), an audible warning must be distinguishable from motor vehicle horns or other audible signalling devices normally used in the area where the firing operation is taking place.

206 Audible warning system—general blasting This is the audible warning system for use in above-ground blasting operations other than in a mine or quarry: (a) 1 minute before firing, an audible signal must be sounded for 15 seconds; (b) the signal ‘Fire on!’ must be given immediately before the charge or charges are fired; (c) for the ‘all clear’, 3 short audible signals must be sounded for 1 second each, separated by 1 second.

207 Audible warning system—mines and quarries This is the audible warning system for use in above-ground blasting operations in a mine or quarry: (a) a series of 3 short audible signals must be sounded, followed by a pause of at least 3 minutes, during which the blasting area must be checked to ensure everyone in the area is in a position of safety;

(b) 2 short audible signals must be sounded; (c) after a 1-minute pause, a continuous audible signal must be sounded; (d) the blast must be fired as soon as practicable after the continuous audible signal has sounded for 10 seconds, after which the signal must stop; (e) the area must be checked and if all dust and toxic gases have dispersed, and in all other respects the area is safe for return, for the ‘all clear’, a continuous audible signal must be sounded for 10 seconds.

208 Control of blasting operations (1) A person at a blasting site must obey any reasonable instruction given by a shot-firer during the period— (a) starting when the charges start being prepared for firing; and (b) ending when the ‘all clear’ signal is given.

209 Total fire ban days A person must not use an explosive that may produce a flame above the ground in the open during a period for which a total fire ban is in force under the Emergencies Act 2004.

210 Firing explosives at night A person who uses an explosive for a blasting operation at night must ensure that an adequate level of light is provided so that— (a) charging operations can be carried out safely; and (b) inspections can be done properly after charges are fired; and

(c) any misfire can be dealt with in accordance with division 2.9.11 (Misfire precautions).

211 Capping fuses and preparing primers (1) A person who caps fuses or prepares primers at a place must ensure that everyone who is not involved in doing so remains at least 10m away from the place. (2) A person who caps fuses or prepares primers must do so in a safe place that is at least 10m away from any place where explosives are stored. (3) A person who caps fuses must ensure that any capped fuses not required for immediate use are placed in a receptacle or stored in a magazine. (4) A person who prepares primers must— (a) prepare the primers immediately before charging; and (b) ensure that the initiating medium used to form a primer has sufficient strength and sufficient contact with the primer cartridge or cast primer to ensure initiation; and (c) ensure that the initiating medium is attached so that it will not become detached from the primer cartridge during loading.

212 Lowering primers into blast holes A person who lowers a primer into a blast hole using the lead wires of a detonator, safety fuse, detonating cord or signal tube must do so in accordance with AS 2187.2.

213 Approach of a storm (1) This section applies if, before a blasting operation is to start, an electrical storm, thunderstorm or dust storm approaches the site of the

(2) If time permits before the storm reaches a dangerously close position, the shot-firer must— (a) fire the shot; or (b) make the circuits safe, and collect and return to the magazine all explosives that have not been charged. (3) If time permits before the storm reaches a dangerously close position, a person at the site— (a) must withdraw to a safe distance from any explosive; and (b) must not return until the storm has passed. Examples of explosives for par (a) 1 explosives contained in a magazine 2 explosives contained in a blast hole 3 explosives being carried to the site (4) The blasting site must be kept under observation from a safe distance by— (a) the shot-firer; or (b) if the shot-firer is absent—someone authorised by the shot-firer. (5) This section does not apply to a blasting operation in underground workings, other than work in a sinking shaft.

214 Site preparation (1) Before charging operations begin, all tools, plant and equipment not required for the operation must be removed from the area being charged.

(2) When charges are being prepared and blast holes are being charged, no other work may be conducted within 10m of the charging operations. (3) Before charging blast holes— (a) blast holes must be thoroughly cleared of all debris, loose materials or any other obstruction; and (b) except for deck charges—care must be taken to avoid the presence of any extraneous matter between cartridges. deck charges means charges placed above a base charge at preselected intervals, if the charges are completely separated from the base charge and from each other.

215 Blasting equipment precautions When a charge is prepared— (a) only tools made from non-ferrous materials may be used; and (b) if a metal spike is used to form a hole in a cartridged explosive, the spike must not come into contact with any metal or hard surface as it emerges; and (c) if practicable, only whole cartridges may be charged into blast holes; and (d) any metal implement used to cut explosives used for blasting operations must not operate with metal-to-metal contact or come into contact with any hard surface.