sec.136Conditions for transporting explosives— Act , s 50

sec.136 Conditions for transporting explosives— Act , s 50

For section 50 (2) (a) (ii) of the Act , the conditions stated in subsections (2) and (3) are prescribed. A person transporting an explosive mentioned in section 135 (1) (a) or (b) must comply with— for a class 1 explosive—the Australian explosives code; or for a class 2 to 9 explosive—the Australian dangerous goods code. A person transporting an explosive mentioned in section 135 (1) (c) must comply with— for a class 1 explosive—the Australian explosives code or alternative safety and security measures for the code; or for a class 2 to 9 explosive—the Australian dangerous goods code or alternative safety and security measures for the code. However, a person mentioned in subsection (2) or (3) is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if— a determination applying to the person states that the determination applies for this section instead of the provision; and the person complies with the determination. For subsection (3) , the person’s alternative safety and security measures must provide for the following matters— the packaging of an explosive for transport; the design of a vehicle, including a compartment in the vehicle, used to transport explosives; the marking of— an explosive being transported; and a vehicle, including a compartment in a vehicle, used to transport explosives; the storage and security of explosives during transport, including the separation of different types of explosives; limits on the amount of explosives that may be transported in a vehicle; procedures to minimise the probability and consequences of an explosives incident happening while explosives are transported, including requirements about the following— the required competence for the driver of a vehicle transporting explosives; the required response of the driver if an explosives incident happens; areas where explosives can not be safely and securely stored for transport; temporary storage or holding areas for explosives before or after transportation. s 136 amd 2018 SL No. 27 s 4 ; 2019 Act No. 7 s 135 ; 2020 SL No. 170 s 9 (sec.136-ssec.1) For section 50 (2) (a) (ii) of the Act , the conditions stated in subsections (2) and (3) are prescribed. (sec.136-ssec.2) A person transporting an explosive mentioned in section 135 (1) (a) or (b) must comply with— for a class 1 explosive—the Australian explosives code; or for a class 2 to 9 explosive—the Australian dangerous goods code. (sec.136-ssec.3) A person transporting an explosive mentioned in section 135 (1) (c) must comply with— for a class 1 explosive—the Australian explosives code or alternative safety and security measures for the code; or for a class 2 to 9 explosive—the Australian dangerous goods code or alternative safety and security measures for the code. (sec.136-ssec.4) However, a person mentioned in subsection (2) or (3) is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if— a determination applying to the person states that the determination applies for this section instead of the provision; and the person complies with the determination. (sec.136-ssec.5) For subsection (3) , the person’s alternative safety and security measures must provide for the following matters— the packaging of an explosive for transport; the design of a vehicle, including a compartment in the vehicle, used to transport explosives; the marking of— an explosive being transported; and a vehicle, including a compartment in a vehicle, used to transport explosives; the storage and security of explosives during transport, including the separation of different types of explosives; limits on the amount of explosives that may be transported in a vehicle; procedures to minimise the probability and consequences of an explosives incident happening while explosives are transported, including requirements about the following— the required competence for the driver of a vehicle transporting explosives; the required response of the driver if an explosives incident happens; areas where explosives can not be safely and securely stored for transport; temporary storage or holding areas for explosives before or after transportation.