I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Explosives Act 1961.
Dated this thirtieth day of July, 1962.
Stamp of Dallas Brooks
Administrator.
By His Excellency’s Command,
Signature of Hubert Opperman
Image unavailable in extracted textMinister of State for Shipping and Transport.
EXPLOSIVES AREAS REGULATIONS.
PART I.—PRELIMINARY.
Citation.
These Regulations may be cited as the Explosives Areas Regulations.
Parts.
These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1–9).
Part II.—Entry into Commonwealth Explosives Areas (Regulation 10).
Part III.—Movement of Vehicles within Commonwealth Explosives Areas.
Part IV.—Transportation of Explosives and Dangerous Goods within Commonwealth Explosives Areas (Regulations 19–39).
Part V.—Berthing of Vessels in Commonwealth Explosives Areas (Regulations 40–44).
Part VI.—Handling of Cargo in Commonwealth Explosives Areas (Regulations 45–53).
Part VIL—Orders (Regulations 54–58).
Part VIII.—Miscellaneous (Regulations 59–65).
Interpretation.
3.—(1.) In these Regulations, unless the contrary intention appears—
“Commonwealth explosives” has the same meaning as in the Explosives Regulations;
“Commonwealth explosives area” has the same meaning as in Part III. of the Explosives Act 1961;
Image unavailable in extracted text* Notified in the Commonwealth Gazette on 30th July, 1962.
11912/61.—PRICE 1S. 9/24.5.1962.
“Commonwealth land” has the same meaning as in Part III. of the Explosives Act 1961;
“dangerous goods” means goods, or goods included in classes of goods, declared to be dangerous goods by the Minister by notice published in the Gazette, but does not include explosives;
“explosives” means substances and articles capable of producing an explosive, incendiary or pyrotechnic effect, and includes—
(a) substances and articles specified in the Third Schedule; and
(b) explosives as defined by the Explosives Regulations;
“order” means an order made under regulation 54 of these Regulations;
“supervisor”, in relation to the loading, unloading, discharging, stacking, stowing, storing or transporting of dangerous goods or goods consisting of explosives, or any operation incidental to or arising out of any of those operations, means a person appointed under regulation 7 of these Regulations to supervise that loading, unloading, discharging, stacking, stowing, storing, transporting or other operation;
“the master”, in relation to a vessel, means the person having command or charge of the vessel;
“the Secretary” means the Secretary to the Department of Shipping and Transport;
“vehicle” means a vehicle used for transporting persons or goods by road, but does not include a mobile crane, a fork lift truck or any other mobile handling equipment.
(2.) In these Regulations—
(a) a reference to the owner of a vessel shall, if the vessel is under charter, be read as a reference to the charterer of the vessel;
(b) a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations; and
(c) a reference to dangerous goods or goods consisting of explosives shall be read as including a reference to goods consisting in part only of dangerous goods or explosives, as the case may be.
Application.
Nothing in these Regulations or in any orders made under these Regulations shall be construed as intended to exclude the operation of—
(a) any regulations in force under an Act; or
(b) any law of a State or of a Territory of the Commonwealth,
that can operate without prejudice to the express provisions of these Regulations or those orders.
Commonwealth explosives area.
For the purposes of Part III. of the Explosives Act 1961, the Commonwealth land described in the First Schedule is declared to be an explosives area.
Area manager.
6.—(1.) There shall be an area manager of each Commonwealth explosives area, who, subject to the directions of the Secretary, shall have the management and control of the area and may exercise such powers and perform such functions as are conferred upon him by these Regulations or by orders made under these Regulations.
(2.) The area manager of a Commonwealth explosives area, or a person authorized in writing by the Secretary to exercise the power conferred by this sub-regulation, may enter any part of the area (including a part of the area that is leased by the Commonwealth to a State or to a person).
(3.) The area manager of a Commonwealth explosives area may, for the purpose of ensuring the proper management and control of the area and the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of the area, give such directions to persons within the area (including a part of the area that is leased by the Commonwealth to a State or to a person) as are not inconsistent with these Regulations or with an order made under these Regulations.
(4.) A person who—
(a) hinders or obstructs the area manager of a Commonwealth explosives area or a person authorized by the Secretary for the purpose of sub-regulation (2.) of this regulation in the exercise of his powers or the performance of his functions; or
(b) without reasonable excuse, fails to comply with a direction given to him under the last preceding sub-regulation, shall be deemed to have contravened this regulation.
Appointment of supervisors.
7.—(1.) In this regulation, “explosives” does not include Commonwealth explosives.
(2.) A person authorized by the Minister to make appointments under this regulation may, by writing under his hand, appoint a person to supervise the loading, unloading, discharging, stacking, stowing, storing or transporting, within a Commonwealth explosives area, of dangerous goods or goods consisting of explosives, or any operation incidental to, or arising out of, any of those operations, and may give to that person such instructions in relation to the operation, not inconsistent with these Regulations, an order made under these Regulations or a direction given by the area manager, as the person making the appointment considers necessary.
(3.) A person making an appointment under the last preceding sub-regulation shall, as soon as practicable after the appointment is made, furnish to the Secretary a copy of the instrument of appointment.
(4.) A person appointed under sub-regulation (2.) of this regulation shall—
(a) supervise, and be present during, the carrying out of the operation that he is appointed to supervise;
(b) have a copy of these Regulations in his possession at all times during the carrying out of the operation that he is appointed to supervise;
(c) comply with any instructions given to him in relation to that operation under sub-regulation (2.) of this regulation; and
(d) as far as practicable, ensure that these Regulations, and any orders made under these Regulations, are complied with in the carrying out of that operation.
(5.) A person shall not, within a Commonwealth explosives area—
(a) load on to, or unload from, a vehicle or vessel dangerous goods or goods consisting of explosives; or
(b) carry out or perform any operation incidental to, or arising out of, the loading on to, or the unloading from, a vehicle or vessel of dangerous goods or goods consisting of explosives, unless a supervisor has been appointed under sub-regulation (2.) of this regulation to supervise that loading, unloading or operation.
Penalties.
The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of either of the last two preceding regulations is a fine not exceeding Fifty pounds or imprisonment for a term not exceeding three months.
Committees.
The Minister may, by instrument in writing, establish a committee or committees, consisting of such persons as the Minister appoints, to advise the Minister on such matters relating to, or to the handling of, explosives in Commonwealth explosives areas as the Minister determines.
PART II.—ENTRY INTO COMMONWEALTH EXPLOSIVES AREAS.
Entry into Commonwealth explosives areas.
10.—(1.) A person shall not enter a Commonwealth explosives area unless the Secretary has consented in writing to the entry to that area of that person or of a class of persons in which that person is included.
(2.) The consent of the Secretary under this regulation may be granted in relation to all Commonwealth explosives areas or a particular Commonwealth explosives area, and shall have effect subject to such conditions and restrictions (if any) as are specified in the instrument of consent.
(3.) The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of sub-regulation (1.) of this regulation is a fine not exceeding Fifty pounds.
(4.) The area manager of a Commonwealth explosives area may, with such assistance (if any) as he requires, cause to be removed from the area—
(a) a person who has entered the area in contravention of sub-regulation (1.) of this regulation and any vehicle driven or ridden by, or vessel under the control of, that person; and
(b) a person who, in the opinion of the area manager, has endangered, or is acting in such manner as to endanger, the safety of persons, or has damaged, or is acting in such manner as to be likely to cause damage to, property, in or in the vicinity of the area.
PART III.—MOVEMENT OF VEHICLES WITHIN COMMONWEALTH EXPLOSIVES AREAS.
Division 1.—Preliminary.
Interpretation.
11.—(1.) A reference in this Part to causing a vehicle to stand, or keeping a vehicle standing, shall be read as a reference to causing or permitting the vehicle to remain stationary while under the control of the driver of the vehicle.
(2.) A reference in this Part to parking a vehicle, or leaving a vehicle parked, shall be read as a reference to causing or permitting the vehicle to remain stationary while not under the control of the driver of the vehicle.
Division 2.—Parking.
Parking of vehicles.
12.—(1.) The area manager of a Commonwealth explosives area may determine and, by means of signs or notices prominently displayed, with or without reference to lines or marks, indicate or notify—
(a) places and positions within the area in which persons are, or are not, permitted to park vehicles or cause vehicles to stand; and
(b) the conditions under which persons are, or are not, permitted to park vehicles or cause vehicles to stand, or keep vehicles standing, in those places or positions.
(2.) A determination made, and a sign or notice displayed, in pursuance of the last preceding sub-regulation may relate to vehicles generally or to vehicles included in a specified class or description of vehicles.
(3.) Where a sign or notice of a kind referred to in this regulation is displayed within a Commonwealth explosives area, the sign or notice shall, unless the contrary is proved, be deemed to be in accordance with a determination under this regulation and to be duly displayed in accordance with this regulation.
Parking offences.
A person shall not park a vehicle, or cause a vehicle to stand, in contravention of the terms of a sign or notice displayed in pursuance of the last preceding regulation.
Removal of vehicles.
Where a contravention of the last preceding regulation is being committed in relation to a vehicle and—
(a) the driver or other person in control of the operation of the vehicle refuses or fails to comply with a direction given to him in pursuance of sub-regulation (3.) of regulation 6 of these Regulations to remove the vehicle from the place where it is parked or kept standing; or
(b) in the case of a parked vehicle, the area manager cannot, after taking such steps as are reasonable in the circumstances, communicate with the driver,
the area manager may, with such assistance (if any) as he requires, cause the vehicle to be removed to such place within the area as he determines.
Defence in case of vehicle standing in certain circumstances for limited time.
In a prosecution against a person for parking a vehicle or causing a vehicle to stand, in contravention of the terms of a sign or notice displayed in pursuance of regulation 12 of these Regulations (other than a sign or notice indicating that vehicles are not to be kept standing) it is a defence if the accused person satisfies the court that the vehicle was left parked or kept standing only for such time (not exceeding five minutes) as was reasonably necessary to take up or set down a passenger.
Penalties.
The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of a provision of this Division is a fine not exceeding Twenty pounds.
Division 3.—Maximum Speed Limits.
Maximum speed limits.
17.—(1.) A person shall not drive or ride a vehicle on any part of a Commonwealth explosives area at a speed exceeding the maximum speed applicable in relation to that vehicle within that part of the area.
(2.) Subject to this regulation, the maximum speed applicable in relation to a vehicle within a Commonwealth explosives area is thirty-five miles per hour.
(3.) The area manager of a Commonwealth explosives area may, by means of a sign or notice prominently displayed, indicate or notify that the maximum speed (being a maximum speed of less than thirty-five miles per hour) indicated or notified on the sign or notice is the maximum speed applicable in relation to vehicles generally, or to vehicles included in a class or description of vehicles so indicated or notified, within a part of the area so indicated or notified.
(4.) Where a sign or notice of a kind referred to in the last preceding sub-regulation is displayed within a Commonwealth explosives area, the sign or notice shall, unless the contrary is proved, be deemed to be duly displayed in accordance with that sub-regulation.
(5.) The maximum speed indicated or notified on a sign or notice displayed in pursuance of sub-regulation (3.) of this regulation in relation to vehicles generally, or to vehicles included in a class or description of vehicles so indicated or notified, is the maximum speed applicable in relation to those vehicles within the part of the area so indicated or notified.
Penalties.
The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of the last preceding regulation is a fine not exceeding Fifty pounds or imprisonment for a term not exceeding three months.
PART IV.—TRANSPORTATION OF EXPLOSIVES AND DANGEROUS GOODS WITHIN COMMONWEALTH EXPLOSIVES AREAS.
Interpretation.
—(1.) In this Part, unless the contrary intention appears—
“approved trailer” means a vehicle, being a trailer, that complies with the requirements specified in Part I. of the Second Schedule; “approved vehicle” means a vehicle, not being a trailer, that complies with the requirements specified in Part II. of the Second Schedule;
“container” includes a package or casing;
“explosives” does not include—
(a) Commonwealth explosives; or
(b) explosives—
(i) the gross weight of which does not exceed one hundred pounds; and
(ii) that are in the possession, or under the control, of the area manager of a Commonwealth explosives area or a person authorized by or under the law of a State or of a Territory of the Commonwealth to take samples of explosives;
“gross weight”, in relation to goods consisting of explosives, means the weight of the explosives and of the containers, if any, in which the explosives are contained;
“net explosives weight”, in relation to goods consisting of explosives, means the weight of the explosive content only of the goods.
(2.) For the purposes of this Part, explosives are divided into Classes and Divisions of Classes and an explosive shall be deemed to be included in a Class or a Division of a Class if the name of that explosive is set out under the reference to that Class or Division in the Third Schedule.
Directions by supervisors.
20.—(1.) A supervisor may, in relation to the operation that he is appointed to supervise, give such directions to persons engaged in carrying out that operation as he thinks proper and as are not inconsistent with these Regulations, an order made under these Regulations, a direction given by the area manager or an instruction given by the person by whom the supervisor was appointed.
(2.) A person who fails to comply with a direction given to him by a supervisor under the last preceding sub-regulation shall be deemed to have contravened this regulation.
Vehicles on which dangerous goods to be loaded.
21.—(1.) A person shall not load dangerous goods, or cause or permit dangerous goods to be loaded, within a Commonwealth explosives area, on to a vehicle other than a vehicle, or a vehicle included in a class of vehicles, approved by the area manager as suitable for the transportation of those dangerous goods.
(2.) A person shall not drive, within a Commonwealth explosives area, a vehicle on which dangerous goods are loaded unless the vehicle is a vehicle, or a vehicle included in a class of vehicles, approved by the area manager as suitable for the transportation of those dangerous goods.
Vehicles on which explosives to be loaded.
The supervisor of the loading of goods consisting of an explosive shall not permit those goods to be loaded on to a vehicle within a Commonwealth explosives area unless—
(a) the vehicle is—
(i) an approved vehicle; or
(ii) if an approved vehicle is not available—an approved trailer;
(b) the goods are suitably packed for transportation; and
(c) the number of the Class and, if the Class is divided into Divisions, the number of the Division of the Class, in which the explosive is included appears on the outside of the containers holding the goods.
Limitations on loading of explosives.
23.—(1.) The supervisor of the loading of goods consisting of explosives included in Class 5—
(a) shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area with goods consisting of explosives included in another Class unless the first-mentioned goods are separated from the other goods in such a manner as to ensure as far as practicable that a fire or explosion that may occur in the first-mentioned goods will not cause a fire or explosion to occur in the other goods; and
(b) shall not permit the goods to be loaded on to a vehicle within such an area unless the net explosives weight of the goods does not exceed one thousand pounds.
(2.) The supervisor of the loading of goods consisting of explosives included in Division 3 of Class 6 shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area with goods consisting of explosives included in another Division of that Class or in another Class unless—
(a) the first-mentioned goods are separated from the other goods in such a manner as to ensure as far as practicable that a fire or explosion that may occur in the first-mentioned goods will not cause a fire or explosion to occur in the other goods; and
(b) the net explosives weight of the other goods does not exceed two thousand pounds.
(3.) The supervisor of the loading of goods consisting of explosives included in Class 7 shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area with goods consisting of explosives included in another Class unless the first-mentioned goods are separated from the other goods in such a manner as to ensure as far as practicable that a fire or explosion that may occur in the first-mentioned goods will not cause a fire or explosion to occur in the other goods.
(4.) The supervisor of the loading of goods consisting of explosives included in Division 3 of Class 7 the net explosives weight of which exceeds two thousand pounds shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area with any other inflammable goods.
(5.) The supervisor of the loading of goods consisting of explosives shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area unless the net explosives weight of the goods does not exceed ten thousand pounds.
Vehicles to be clean.
The supervisor of the loading of goods consisting of explosives other than explosives included in Division 3 of Class 7 shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area unless the part of the vehicle on which the goods are to be loaded is clean and free from articles other than those necessary to secure the load.
Engines to be stopped during loading.
The supervisor of the loading of dangerous goods or goods consisting of an explosive shall not permit the goods to be loaded on to a vehicle within a Commonwealth explosives area while the engine of the vehicle is running.
Securing of load.
Immediately after goods consisting of explosives have been loaded on to a vehicle within a Commonwealth explosives area, the supervisor of the loading of the goods shall ensure that the goods are properly secured on the vehicle and protected against damage or theft.
Refuelling.
Where dangerous goods or goods consisting of explosives (including Commonwealth explosives) are loaded on a vehicle, a person shall not refuel that vehicle or permit that vehicle to be refuelled within a Commonwealth explosives area—
(a) except at a place determined by the area manager;
(b) while the engine of the vehicle is running; and
(c) unless a person carrying a fire extinguisher suitable for use on a petrol or an oil fire remains in close proximity to the vehicle while the refuelling is taking place.
Distance between loaded vehicles.
The driver of a moving vehicle on which goods consisting of explosives are loaded shall not, while that vehicle is within a Commonwealth explosives area, bring that vehicle within a distance of seventy-five yards of any other moving vehicle on which goods consisting of explosives are loaded.
Explosives not to be carried in cabin.
A person shall not place or carry goods consisting of explosives, or permit goods consisting of explosives to be placed or carried, in the cabin of a vehicle that is within a Commonwealth explosives area.
Intoxicating liquor.
30.—(1.) A person shall not carry intoxicating liquor, or permit intoxicating liquor to be carried, in or on a vehicle on which dangerous goods or goods consisting of explosives are loaded while the vehicle is within a Commonwealth explosives area.
(2.) A person shall not drive within a Commonwealth explosives area a vehicle on which dangerous goods or goods consisting of explosives are loaded, or act as an attendant on such a vehicle, if he is under the influence of intoxicating liquor.
Carriage of fuel.
The driver of a vehicle on which goods consisting of explosives are being transported shall not, while the vehicle is within a Commonwealth explosives area, carry fuel for that, or any other, vehicle, or permit fuel for that, or any other, vehicle to be carried, in or on the vehicle elsewhere than in the fuel tank of the vehicle.
Inspection before and during unloading.
A supervisor of the unloading within a Commonwealth explosives area from a vehicle of goods consisting of explosives shall inspect the vehicle and the goods immediately on the arrival of the vehicle at the place where it is to be unloaded and shall examine the goods as they are unloaded from the vehicle for the purpose of detecting evidence of damage, spilling or pilfering.
Measures to be taken after unloading completed.
After goods consisting of explosives have been unloaded from a vehicle within a Commonwealth explosives area, the supervisor of the unloading shall—
(a) cause the part of the vehicle in which the goods were carried to be thoroughly cleaned; and
(b) cause any signboard on the vehicle that would lead to the belief that the vehicle was loaded with explosives—
(i) to be so covered or placed that it cannot be read; or
(ii) to be removed from the vehicle.
Engines to be stopped during unloading.
A supervisor of the unloading within a Commonwealth explosives area from a vehicle of dangerous goods or goods consisting of explosives shall not permit the goods to be unloaded while the engine of the vehicle is running.
Smoking materials.
35.—(1.) A person shall not, within a Commonwealth explosives area, carry on to, or take within twenty yards of, a vehicle on which goods consisting of explosives are loaded any smoking materials, including means of ignition, unless those materials are locked in a metal box that is painted red and provided with an efficient lock and key.
(2.) A person shall not, within a Commonwealth explosives area, carry such a box, or permit such a box to be carried, on a vehicle on which goods consisting of explosives are loaded elsewhere than in the cabin of the vehicle.
Vehicles not to be left unattended.
A supervisor of the handling of dangerous goods or goods consisting of explosives (including Commonwealth explosives) shall not permit a vehicle on which the goods are loaded to be left unattended within a Commonwealth explosives area, and the driver of such a vehicle shall not leave the vehicle unattended within such an area, except at such place and for such period as the area manager permits.
Explosives not to be left exposed to weather.
37.—(1.) A supervisor of the handling of goods consisting of explosives shall not permit the goods, other than those consisting of unboxed explosives, to be left unprotected from the weather within a Commonwealth explosives area.
(2.) The driver of a vehicle on which goods consisting of explosives are loaded shall not leave the goods, other than those consisting of unboxed explosives, unprotected from the weather within a Commonwealth explosives area.
Unauthorized persons not to board vehicles.
When goods consisting of explosives (including Commonwealth explosives) are loaded on a vehicle within a Commonwealth explosives area, a person other than—
(a) the area manager;
(b) a person authorized in writing by the Secretary;
(c) the driver of the vehicle;
(d) a supervisor of the handling of those goods; or
(e) a person loading or unloading the vehicle,
shall not be in, upon or in the vicinity of the vehicle without the consent of the supervisor of the handling of the goods.
Penalties.
The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of a provision of this Part is a fine not exceeding Fifty pounds or imprisonment for a term not exceeding three months.
PART V.—BERTHING OF VESSELS IN COMMONWEALTH EXPLOSIVES AREAS.
Area manager may provide vessel with berth.
40.—(1.) Subject to this regulation, the area manager of a Commonwealth explosives area may, in his discretion, provide a vessel with a berth in that area.
(2.) Without limiting the discretion conferred by the last preceding sub-regulation, the area manager of a Commonwealth explosives area may refuse to provide a vessel with a berth in that area unless there is furnished to him an application for a berth, in writing in accordance with Form 1 in the Fourth Schedule and signed by the owner, master or agent of the vessel.
(3.) The provision of a berth for a vessel in a Commonwealth explosives area may be subject to such conditions and restrictions (if any) as are determined by the area manager.
(4.) Where a vessel is provided with a berth in a Commonwealth explosives area, the owner of the vessel—
(a) is liable—
(i) to pay to the Commonwealth, on demand made to the owner, master or agent of the vessel, any fees payable in respect of the use for the purposes of the vessel of any facilities or services maintained, operated or provided by the Commonwealth in the area;
(ii) to make good at his own expense, or, at the option of the Commonwealth, to compensate the Commonwealth for, any damage to the property of the Commonwealth (whether or not due to the negligence of the Commonwealth, a servant or agent of the Commonwealth or any other person) caused by, attributable to or in any way arising out of or contributed to by the berthing of the vessel in the area or the handling, movement, explosion, ignition or other action of any goods while being loaded on to or unloaded from the vessel in the area or after being so loaded or before being So unloaded; and
(iii) to indemnify the Commonwealth, and keep the Commonwealth at all times indemnified, from and against all actions, proceedings, claims, demands, costs and expenses (however arising) relating to any loss, damage or injury suffered by any person or any damage to or destruction of any property (whether or not due to the negligence of the Commonwealth, a servant or agent of the Commonwealth or any other person) caused by, attributable to or in any way arising out of or contributed to by the berthing of the vessel in the area or the handling, movement, explosion, ignition or other action of any goods while being loaded on to or unloaded from the vessel in the area or after being so loaded or before being so unloaded; and
(b) is not entitled to make any claim or demand, or to bring any action or proceeding to enforce any claim or demand, against the Commonwealth arising out of the berthing of the vessel in the area or the handling, movement, explosion, ignition or other action of any good’s while being loaded on to or unloaded from the vessel in the area or after being so loaded or before being so unloaded.
Vessel not to enter area until berth available.
The master of a vessel shall not permit the vessel to enter a Commonwealth explosives area—
(a) unless the area manager has notified the owner, master or agent of the vessel that the vessel will be provided with a berth in the area and that the berth is available; and
(b) except in accordance with such conditions and restrictions (if any) as are determined by the area manager.
Obligations of master.
42.—(1.) The master of a vessel that is within a Commonwealth explosives area shall, while the vessel is within that area—
(a) comply with any directions of the area manager with respect to the vessel or its cargo or ballast;
(b) ensure that any signals sent by the vessel are in accordance with the International Code of Signals;
(c) ensure that—
(i) between sunrise and sunset the vessel flies the International Code Flag “B”; and
(ii) between sunset and sunrise the vessel exhibits a red light from the mast head or from another prominent place on the vessel;
(d) ensure that the vessel is properly trimmed;
(e) ensure that an efficient and constant watch is maintained on the vessel; and
(f) ensure that fuel oil, refuse or other objectionable matter is not discharged from the vessel.
(2.) The master of a vessel that is berthed in a Commonwealth explosives area shall, while the vessel is so berthed, ensure that—
(a) all fires on the vessel are extinguished, or controlled to the satisfaction of the area manager, when any of the hatches of the vessel are open;
(b) the fire-fighting equipment of the vessel is at all times ready for use;
(c) every hold in the vessel that contains explosives is covered, and access to every such hold is prevented, except when explosives are being handled in the hold.
(d) the vessel is adequately manned and otherwise prepared, and sufficient power is available from the main engines of the vessel, to enable the vessel to leave the area forthwith upon being directed to do so by the area manager;
(e) the part of the wharf adjacent to which the vessel is berthed is kept clean to the satisfaction of the area manager;
(f) signs are prominently displayed on the vessel in the vicinity of any hold containing dangerous goods or goods consisting of explosives indicating that smoking in, or in the vicinity of, that hold is prohibited; and
(g) the vessel’s radar, radio telephony and radio telegraphy equipment is not used and that all aerials on the vessel that are used in connexion with that equipment are earthed.
Repairs.
When a vessel is berthed in a Commonwealth explosives area—
(a) the master shall not permit any repairs to be carried out to the vessel if the repairs are likely to create a hazard to any person or property on or in the vicinity of the vessel; and
(b) a person shall not carry out any such repairs to the vessel,
except with the approval in writing of the area manager and in accordance with such conditions and restrictions (if any) as are specified in the instrument of approval.
Collisions.
The master of a vessel that collides with or damages another vessel or a wharf within a Commonwealth explosives area shall cause the area manager to be notified of the collision or damage as soon as practicable after the collision or damage occurs.
PART VI.—HANDLING OF CARGO IN COMMONWEALTH EXPLOSIVES AREAS.
Definition.
In this Part, “goods” does not include the stores of a vessel.
Area manager may approve handling of cargo.
46.—(1.) Subject to this regulation, the area manager of a Commonwealth explosives area may, in his discretion, by writing under his hand, grant approval for the loading of goods on to, or the unloading of goods from, a vessel berthed in the area.
(2.) Without limiting the discretion conferred by the last preceding sub-regulation, the area manager of a Commonwealth explosives area may refuse to grant approval for the loading of goods on to, or the unloading of goods from, a vessel unless there is furnished to him an application for the grant of approval for the loading or unloading, in writing in accordance with Form 2 in the Fourth Schedule and signed by the consignor or the consignee of the goods.
(3.) An approval granted by the area manager of a Commonwealth explosives area for the loading or unloading of goods may be subject to such conditions and restrictions (if any) as are determined by the area manager.
(4.) The owner of any goods that are in a Commonwealth explosives area—
(a) is liable—
(i) to pay to the Commonwealth, on demand made to him or to any of his servants or agents, any fees payable in respect of the use, in connexion with the goods, of any facilities or services maintained, operated or provided by the Commonwealth in the area;
(ii) to make good at his own expense, or, at the option of the Commonwealth, to compensate the Commonwealth for, any damage to the property of the Commonwealth (whether or not due to the negligence of the Commonwealth, a servant or agent of the Commonwealth or any other person) caused by, attributable to or in any way arising out of or contributed to by the handling, movement, explosion, ignition or other action of the goods; and
(iii) to indemnify the Commonwealth, and keep the Commonwealth at all times indemnified, from and against all actions, proceedings, claims, demands, costs and expenses (however arising) relating to any loss, damage or injury suffered by any person or to any damage to or destruction of any property (whether or not due to the negligence of the Commonwealth, a servant or agent of the Commonwealth or any other person) caused by, attributable to or in any way arising out of or contributed to by the handling, movement, explosion, ignition or other action of the goods; and
(b) is not entitled to make any claim or demand, or to bring any action or proceeding to enforce any claim or demand, against the Commonwealth arising out of the handling, movement, explosion, ignition or other action of the goods.
Cargo not to be loaded or unloaded without approval of area manager.
A person shall not load goods or cause or permit goods to be loaded on to, or unload goods or cause or permit goods to be unloaded from, a vessel berthed in a Commonwealth explosives area except with the approval in writing of the area manager and in accordance with such conditions and restrictions as are specified in the instrument of approval.
Explosives may be loaded or unloaded at night with approval of area manager.
Notwithstanding anything contained in the Navigation (Cargo—Hazards Prevention) Regulations, a person may load explosives or cause explosives to be loaded on to, or unload explosives or cause explosives to be unloaded from, a vessel berthed in a Commonwealth explosives area between sunset and sunrise with the approval in writing of the area manager and in accordance with such conditions and restrictions (if any) as are specified in the instrument of approval.
Hatch beams.
The master of a vessel that is berthed in a Commonwealth explosives area shall not permit the beams of a hatch of the vessel to be removed from, or replaced on, the hatch unless the beams are securely attached to the lifting sling by means of screwed shackles.
Relevant part of vessel’s manifest to be furnished to area manager.
50.—(1.) The owner of a vessel from which goods are to be unloaded in a Commonwealth explosives area shall cause a copy of such part of the Vessel’s manifest as specifies those goods, signed by the owner, master or agent of the vessel, together with particulars of the stowage of those goods, to be furnished to the area manager before the goods are unloaded.
(2.) The owner of a vessel on to which goods have been loaded in a Commonwealth explosives area shall cause a copy of such part of the vessel’s manifest as specifies those goods, signed by the owner, master or agent of the vessel, to be furnished to the area manager within forty-eight hours after the departure of the vessel from the area.
Cargo handling equipment.
A person shall not place or cause to be placed on a wharf in a Commonwealth explosives area any cargo handling equipment except with the approval in writing of the area manager and in accordance with such conditions and restrictions (if any) as are specified in the instrument of approval.
Cargo on wharf.
52.—(1.) Except with the approval of the area manager, a person shall not place goods or cause goods to be placed on a wharf in a Commonwealth explosives area for loading on to a vessel berthed in that area until the vessel is ready to receive the goods.
(2.) Where goods have been unloaded from a vessel berthed in a Commonwealth explosives area on to a wharf in that area, the owner of the goods shall not, except with the approval of the area manager, permit the goods to be left on the wharf for a period exceeding two hours.
(3.) Except with the approval of the area manager, the master of a vessel berthed in a Commonwealth explosives area shall not permit goods unloaded from the vessel to be placed on a wharf in that area for transhipment or for reloading on to that vessel.
(4.) An approval granted by the area manager of a Commonwealth explosives area for the purposes of this regulation may be subject to such conditions and restrictions (if any) as the area manager determines.
(5.) Where—
(a) goods are placed on a wharf in a Commonwealth explosives area for the purpose of being loaded on to a vessel and the vessel is not ready to receive the goods;
(b) goods unloaded from a vessel berthed in a Commonwealth explosives area are left on a wharf in that area for a period exceeding two hours; or
(c) goods are placed on a wharf in a Commonwealth explosives area in contravention of sub-regulation (3.) of this regulation,
the area manager may cause the goods to be removed and stored in such place as he thinks fit and may refuse to deliver up the goods except at such times and on such conditions (including a condition requiring payment of the cost of the removal and storage) as the Secretary determines.
Penalties.
The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of a provision of this Part is a fine not exceeding One hundred pounds or imprisonment for a term not exceeding six months and, in addition, if the offence is a continuing offence, a fine not exceeding Fifty pounds for each day during which the offence continues.
PART VII.—ORDERS.
Orders.
54.—(1.) Subject to the Explosives Regulations, the Minister, or a person authorized by the Minister to make orders under this regulation, may, by order in writing—
(a) make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area; and
(b) without limiting the generality of the last preceding paragraph, make provision—
(i) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;
(ii) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;
(iii) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;
(iv) for or in relation to the berthing of vessels in a Commonwealth explosives area; and
(v) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.
(2.) An authority by the Minister to a person to make orders under this regulation may be granted in relation to a particular matter, or class of matters, or to a particular Commonwealth explosives area, and shall have effect subject to such conditions and restrictions (if any) as are specified in the authority.
Orders inconsistent with these Regulations.
55.—(1.) Where a provision of these Regulations is inconsistent with an order made by the Minister under the last preceding regulation, the order shall prevail and that provision of these Regulations shall, to the extent of the inconsistency, be of no effect.
(2.) When a provision of an order made under the last preceding regulation by a person authorized by the Minister to make orders under that regulation is inconsistent with these Regulations, the Regulations shall prevail and the provision of the order shall, to the extent of the inconsistency, be of no effect.
Application of orders.
An order may be expressed to be of general application or to apply to persons included in a class of persons or may be addressed to a particular person, either by name or by a description sufficient to identify that person.
Publication of orders of general application.
An order expressed to be of general application or to apply to persons included in a class of persons shall be published in the Gazette and shall take effect on the date of publication or on such later date as is fixed by the order.
Service of orders addressed to particular persons.
58.—(1.) An order addressed to a particular person shall be served on that person and shall take effect on the date of service or on such later date as is fixed by the order.
(2.) An order may be served on a person—
(a) personally;
(b) by sending the order or a copy of the order by post to the person at his last-known place of residence or employment;
(c) by posting up the order or a copy of the order in a prominent position at or near the place of employment of the person; or
(d) in the case of a body politic or a body corporate—by sending the order or a copy of the order by post to the registered office, if any, of that body or by serving the order or a copy of the order personally on the manager, secretary or other executive officer of that body.
(3.) An order addressed to a particular person may be published in the Gazette and shall be deemed to have been served on that person on the date on which it is so published.
PART VIII.—MISCELLANEOUS.
Smoking materials.
A person shall not, within a Commonwealth explosives area, take any smoking materials (including means of ignition) within twenty yards of any dangerous goods or goods consisting of explosives or within any part of the area determined by the area manager and indicated or notified by means of signs or notices prominently displayed to be a part of the area into which the taking of smoking materials is prohibited.
Intoxicated persons.
A person who is under the influence of intoxicating liquor shall not be in the vicinity of any part of a Commonwealth explosives area in which dangerous goods or goods consisting of explosives are being handled.
Dangerous goods or explosives spilled or damaged.
61.—(1.) Where dangerous goods or goods consisting of explosives are in a damaged container or have spilled from a container, a person handling those goods within a Commonwealth explosives area shall comply with any directions relating to the handling of dangerous goods, or explosives, in damaged containers or to spilled dangerous goods or spilled explosives given to him, whether in writing or otherwise and whether before or after the damage or spilling is discovered, by the area manager.
(2.) When any such damage or spilling is discovered within a Commonwealth explosives area, the supervisor of the handling of the goods at the time of the discovery shall cause the area manager to be notified forthwith of the discovery.
False statements in documents.
A person shall not furnish or cause or permit to be furnished to the area manager of a Commonwealth explosives area—
(a) an application for a vessel to be provided with a berth in the area;
(b) an application for approval for the loading of goods on to, or the unloading of goods from, a vessel; or
(c) a copy of any part of a vessel’s manifest,
that is false in a material particular.
Strict compliance with forms not necessary.
Strict compliance with a form contained in the Fourth Schedule is not necessary and substantial compliance is sufficient.
Delegation.
64.—(1.) The Minister or the Secretary may, either generally or in relation to a matter or class of matters and either in relation to all Commonwealth explosives areas or in relation to a particular Commonwealth explosives area, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).
(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Secretary, as the case may be.
Penalties.
Image unavailable in extracted textImage unavailable in extracted text65. The penalty for an offence against the Explosives Act 1961 committed by virtue of a contravention of a provision of this Part is a fine not exceeding Fifty pounds or imprisonment for a term not exceeding three months.
THE SCHEDULES.
Image unavailable in extracted textFIRST SCHEDULE.
Regulation 5.
COMMONWEALTH EXPLOSIVES AREA
All that piece of land containing an area of 1273 acres more or less being Crown Allotment 3c and part of Crown Allotment 2c, Crown Portion B and part of Crown Portion A Section 3, part of Crown Portion B Section 2 and part of Crown Portion B Section 4 and part of the sea-bed of Port Phillip Bay Parish of Murtcaim County of Grant State of Victoria as shown hachured on the plan hereunder.
Image unavailable in extracted text
SECOND SCHEDULE.
Regulation 19 (1.).
REQUIREMENTS AS TO VEHICLES.
PART I.—APPROVED TRAILERS.
1. The trailer shall be a four-wheeled trailer fitted with a greased turn tame, a triangular drawbar and two safety chains of adequate length and strength fixed permanently to the trailer.
2. The load limit of the trailer shall not exceed eight thousand pounds gross weight.
3. When the trailer is carrying explosives, the front of the towing vehicle, the rear of the trailer or its load and each side of the trailer or its load shall bear in a conspicuous position a signboard bearing the word “Explosives” and, if the towing vehicle is also carrying explosives, each side of the towing vehicle or its load shall bear a similar signboard.
4. The towing vehicle to which the trailer is attached shall be fitted with a drawbar, hook or pin coupling and two double “C” hooks or shackles to which the safety chains may be coupled.
5. The towing vehicle shall be equipped with two efficient fire extinguishers, one of which is suitable for use on a fire in the motor and the other of which is suitable for use on an incipient fire in the load.
PART II.—APPROVED VEHICLES.
1. The motor of the vehicle shall not be driven by a fuel other than—
(a) petrol; or
(b) oil fuel of a type that does not give off an inflammable vapour at a temperature of less than 150° Fahrenheit.
2. All electrical wiring under or on that part of the body carrying the load shall be enclosed in screwed metal conduit or heavy duty plastic tubing.
3. If the vehicle is of the type known as a semi-trailer, the vehicle—
(a) shall not be fitted with an electric storage battery in a position directly below that part of the body that carries the load;
(b) shall not be fitted with an exhaust pipe that extends beneath, or comes in contact with, that part of the body that carries the load; and
(c) shall not be fitted with a fuel tank in a position directly below that part of the body that carries the load unless the fuel tank is wholly mounted on that part of the vehicle known as the prime mover.
4. If the vehicle is not a vehicle of the type known as a semi-trailer—
(a) neither the electric storage battery nor the fuel tank shall be in a position directly below that part of the body that carries the load; and
(b) the exhaust pipe shall not extend beneath, or come in contact with, that part of the body that carries the load.
5. When the vehicle is carrying explosives, the front of the vehicle or the prime mover, the rear of the vehicle or its load and each side of the vehicle or its load shall bear in a conspicuous position a signboard bearing the word “Explosives”.
6. The vehicle shall be equipped with two efficient fire extinguishers, one of which is suitable for use on a fire in the motor, and the other of which is suitable for use on an incipient fire in the load.
Image unavailable in extracted textTHIRD SCHEDULE.
Regulation 19 (2.).
EXPLOSIVES.
CLASS 1.
Explosive known by the following name:—
Gunpowder.
CLASS 2.
Explosives known by the following names:—
Ammonium Nitrate Explosive Mixture.
Nobel Delay Composition R.998.
THIRD SCHEDULE—continued.
CLASS 3.
Division 1.
Explosives known by the following names:—
Ajax.
Nobel Rimfire Powder Nos, 13, 14, 26, 38.
American Ballistite.
Nobel Superim Powder.
A.N. Gelatine Dynamite.
Norma Smokeless Powder.
A.N. Gelignite.
Plastergel.
A.N. Ligdyn.
Polar Ajax.
Ardeer Ballistite.
Polar A.N. Gelatine Dynamite,
Ardeer Cordite.
Polar A.N. Gelignite.
A2 Monobel.
Polar A.N. Ligdyn.
Ballistite.
Polar A2 Monobel.
Blasting Gelatine.
Polar A3 Monobel
Cordite.
Polar Blasting Gelatine.
Cordite A.
Polar Geophex.
Cordite A.N.
Polar Hydrobel.
Cprdite A.S.N.
Polar Hydrogel.
Cordite C.D.
Polar Ligdyn.
Cordite H.W.
Polar Monograin.
Cordite M.D.
Polar Morcol.
Cordite W.
Polar Plastergel.
Cordite W.M.
Polar Quarigel.
Du Pont MX Smokeless Shotgun Powder.
Polar Quarry Monobel.
Dynobel No. 2.
Polar Roxite.
Gelignite.
Polar Semigel.
Geophex.
Polar S.N. Gelatine Dynamite.
Hercules Smokeless Powder.
Polar S.N. Gelignite.
Hydrogel.
Quarigel.
Improved Ballistite.
Quarry Monobel.
Ligdyn.
Roxite.
Mechanite.
Semigel.
Monogram.
Small Arms Powder—D2.
Morcol.
Small Arms Powder—P6.
Nobel C.K. Powder.
S.N. Gelatine Dynamite.
Nobel Glasgow Shotgun Powder Nos. 60–69.
S.N. Gelignite.
Nobel Hornet Powder.
Submarine Blasting Gelatine.
Nobel Parabellum Powder.
Unibel.
Viscorim.
Division 2.
Explosives known by the following names:—
A.R. 2201.
Nitro-cellulose Cannon Powder.
A.R. 2202.
Nitro-cotton.
Amatol.
Nobel Acurim Neonite.
Amberite No. 2.
Nobel Acurex Powder.
Ball Powder.
Nobel Cadet Neonite.
Canadian Rifle Powder 4740.
Nobel Revolver Neonite.
Collodion Cotton.
Nobel Rifle Neonite.
Commercial Waterproof Primers.
Nobel Rim Neonite.
Cyclotrimethylene Trinitramine (R.D.X.).
Nobel’s Explosive No. 896.
Du Pont Smokeless Powder.
Penta-erythritol-tetranitrate (P.E.T.N.).
E.C. Sporting Powder.
Pentolite.
Empire Powder.
Picric Acid.
Granulated Guncotton Powder.
Plastic Core Composition.
Guncotton.
Plastic Explosive PE3
Hercules Bulk Smokeless Powder.
Schullze Gunpowder.
Hydromex.
Seismex.
Improved Military Rifle Powder 4227.
Seismex Primers.
Modified Smokeless Diamond,
Smokeless Diamond.
Neoflak.
Smokeless Powder I.M.R. 4831.
Nitro-cellulose.
THIRD SCHEDULE—continued.
CLASS 3—continued.
Division 2—continued.
Sunderite.
Tri-nitro-resorcinol (Styphnic Acid).
Tetra-nitro-methyl-aniline (Tetryl).
Tri-nitro toluol (T.N.T.).
Tonite or Cotton Powder No. 1.
Walsrode Perfect Powder.
Tonite or Cotton Powder No. 2.
Walsrode Powder.
CLASS 4.
Explosives known by the following name:—
Explosives containing a chlorate.
CLASS 5.
Division 1.
Explosive known by the following name:— Fulminate of Mercury.
Division 2.
Explosives known by the following names:—
Lead Azide.
Tetrazene.
Lead Tri-nitro-resorcinate.
CLASS 6.
Division 2.
Explosives known by the following names, being explosives that do not contain their own means of ignition:—
Image unavailable in extracted textFOURTH SCHEDULE.
FORM 1.
Regulations 40 and 63.
COMMONWEALTH OF AUSTRALIA.
Explosives Areas Regulations.
APPLICATION FOR BERTH.
I hereby apply for a berth at for the *motor vessel/steam ship , a vessel of tons gross and
tons net, to *load/unload *tons weight/tons measurement of *explosives./the following goods:—
2. Particulars of the vessel are as follows:—
Name of vessel:
Owner (or Agent) of Vessel:
Address of Owner (or Agent):
Telephone number of Owner (or Agent):
Name of Master of Vessel:
Expected date and time of Vessel’s arrival:
Expected date and time of Vessel’s departure:
Vessel’s last port of call:
3. The length of the vessel is feet and the vessel’s draft on arrival at is expected to be feet inches.
Dated this day of , 19 .
Signature of owner,
charterer, master or agent of vessel.......................
Address.........................................
Image unavailable in extracted textTo The Area Manager,
*Cross out whichever does not apply.
FOURTH SCHEDULE—continued.
FORM 2.
Regulations 46 and 63.
COMMONWEALTH OF AUSTRALIA.
Explosives Areas Regulations.
APPLICATION FOR APPROVAL FOR THE LOADING OR UNLOADING OF CARGO.
I hereby apply for approval for the *loading/unloading of *explosives/goods other than explosives *on to/from the *motor vessel/steam ship at commencing on or about the day of , 19 .
Particulars of the goods to be *loaded/unloaded are as follows:—