83Maximum NEQs must not be exceeded

83 Maximum NEQs must not be exceeded

83 Maximum NEQs must not be exceeded

(1) A responsible consignor or agent for an explosive in a port operational area must ensure that the maximum NEQ for the explosive is not exceeded at any time while the explosive is in or on a port operational area.

(2) A master of a ship carrying an explosive in a port operational area must ensure that the maximum NEQ for the explosive is not exceeded at any time while the ship is carrying the explosive in port.

(3) A port facility operator must ensure that the maximum NEQ for an explosive is not exceeded while the explosive is being handled at the port facility.

(4) A person is not guilty of an offence against this section if the person establishes that—

(a) the responsible consignor or agent for the explosives or the port facility operator obtained the permission of the relevant authority to use a special berth, and

(b) the quantity of explosives involved did not exceed the amount that the relevant authority permitted at the special berth, and

(c) the explosives were loaded on to, or unloaded from, a ship that was berthed at the special berth.

(5) For the purposes of calculating the maximum NEQ, the following applies—

(a) if a cargo of emulsion precursors is handled simultaneously with explosives—

(i) the quantity of the emulsion precursors must be added to the quantity of the explosives to calculate the NEQ, and

(ii) the separation distances for explosives under section 79 must be complied with in relation to the emulsion precursors as well as the explosives,

(b) if a cargo of ammonium nitrate is handled simultaneously with explosives of Division 1.1, 1.5 or 1.6—

(i) 50% of the quantity of ammonium nitrate must be added to the quantity of explosives of Division 1.1, 1.5 or 1.6 to calculate the NEQ, and

(ii) the relevant separation distances for explosives must be complied with in relation to the ammonium nitrate as well as the explosives.

(6) In this section—

emulsion precursor means an emulsion, suspension or gel of ammonium nitrate, UN 3375, comprised of more than 45% nitrate.