29Maritime import and export – port controls

29 Maritime import and export – port controls

(1)  In this regulation –

AS 3846 means Australian Standard AS 3846 – The handling and transport of dangerous cargoes in port areas, as from time to time amended;

port explosives limit means –

(a) for a class 1.1, 1.2, 1.5 or 1.6 explosive, 200 kilograms or such other quantity, if any, set by the relevant port authority in accordance with AS 3846; and

(b) for a class 1.3 explosive, 2 000 kilograms or such other quantity, if any, set by the relevant port authority in accordance with AS 3846; and

(c) for a class 1.4 explosive, the quantity, if any, set by the relevant port authority;

recognised port means a port defined in regulation 4 of the Marine and Safety (Pilotage and Navigation) Regulations 2017 .

(2)  A person importing or exporting explosives in any form, including fireworks, by sea must ensure that –

(a) the explosives are imported or exported only through a recognised port; and

(b) the explosives are handled in accordance with AS 3846.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The port authority for a recognised port must ensure that –

(a) explosives imported or exported through the port are handled in accordance with AS 3846; and

(b) the total quantity of explosives within the precincts of the port does not at any time exceed –

(i) the port explosives limit; or

(ii) a higher limit, if any, that the Secretary, after consulting the port authority, may have approved.

Penalty:  Fine not exceeding 50 penalty units.

(4)  To determine whether to give an approval under subregulation (3)(b)(ii) , the Secretary may require a report from the port authority that –