(Clause 4)
ADG Code means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport and published by the Australian Government.
aerosol has the same meaning as in the ADG Code.
amorces means dots of an explosive substance mainly consisting of any one or more of the following substances, namely potassium chlorate, amorphous phosphorus, antimony sulfide and sulfur, the explosive substance being enclosed between 2 pieces of paper or other suitable material and present in a proportion not exceeding 7.5 grams to every thousand dots.
approved means approved by the WorkCover Authority.
Australian Explosives Code means the Australian Code for the Transport of Explosives by Road and Rail, as published by the Australian Government.
blasting explosives means dangerous goods of Classes 1.1D and 1.5D, other than gunpowder.
carrying section, in relation to a vehicle or vessel, means the section of the vehicle or vessel in or on which dangerous goods are carried.
city has the same meaning as in the Local Government Act 1993.
collector’s permit means a collector’s permit under this Regulation.
combustible liquid means goods (other than dangerous goods of Classes 1–9, inclusive) referred to as combustible liquids in AS 1940 (The storage and handling of flammable and combustible liquids).
compressed gas means dangerous goods of Class 2 contained in the gaseous state under pressure.
confetti bomb means a pyrotechnic device designed to project confetti and to emit a report when an igniting string is pulled and containing an explosive substance with a mass not exceeding 30 milligrams, mainly consisting of any one or more of the substances potassium chlorate, amorphous phosphorus, antimony sulfide and sulfur.
consignor has the same meaning as in the ADG Code.
contravene includes fail to observe.
council has the same meaning as in the Local Government Act 1993.
cryogenic liquid means a gas that at a pressure of 101.325 kilopascals absolute can be liquefied only by cooling below 125K, and that is kept as a liquid at or near atmospheric pressure, and includes liquid carbon dioxide (UN No 2187) and liquid nitrous oxide, refrigerated liquid (UN No 2201).
cylinder means a gas cylinder as defined in Appendix E to AS 1200 (Pressure equipment), being a gas cylinder that:
(a) has a capacity exceeding 0.1 litre, and
(b) is not a disposable container.
depot means a building, structure, room, compartment, tank, store, area or receptacle in or on which dangerous goods are kept, but does not include a process building.
detonating fuse means a fuse or cord containing a core of pentaerythritol tetranitrate or cyclotrimethylenetrinitramine or both these substances, with or without trinitrotoluene or tetryl, contained in a sheath of paper, textile yarn or plastics or any combination thereof, with or without a reinforcing of metal strands, waterproofing by impregnation by or coating with a thermoplastic composition, or colouring with varnish.
detonator means a small tube of metal or plastics:
(a) one end of which is closed and the other:(i) left open for the insertion of safety fuse for the purpose of initiating an explosion within the tube, or(ii) fitted with wires or other devices for that purpose, and sealed, and
(b) that is loaded with a charge of chemicals (such as lead azide, pentaerythrite tetranitrate (pentaerythritol tetranitrate; PETN) or lead styphnate), or of chemicals and other goods, the charge being designed to produce an explosion of the tube that may be communicated to other tubes similarly constructed and charged.
display firework means a firework (other than a distress signal or a toy firework) consisting of a case or contrivance forming a squib, gerbe, cracker, serpent, rocket, mortar shell, lance, wheel, coloured fire, Roman candle or other article specially adapted for the production of a pyrotechnic effect or a sound effect.
disposable container means a packaging for dangerous goods of Class 2 that is not designed to be refilled and has a capacity not exceeding one litre and includes any receptacle that is UN No 2037 and has a capacity not exceeding one litre.
distress signal means a pyrotechnic device intended for signalling, warning, rescue or like purposes and includes a marine flare, landing flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud seeding rocket, avalanche rocket, smoke generator or bird scarer.
drum has the same meaning as in the ADG Code.
employee has the same meaning as in the Occupational Health and Safety Act 1983.
environmentally hazardous substances has the same meaning as in the ADG Code.
explosive substance means dangerous goods that are explosives and any other dangerous goods that are capable of exploding.
exposure has the meaning ascribed to it by clause 86, and includes an exposure that is outside the State.
external magazine means a magazine other than an internal magazine.
factory area means the area, within premises licensed under section 19 of the Act, in which process buildings, installations in connection with the manufacture of explosives and magazines are situated and the boundary of which is set out in the licence for the premises.
financial year means a period of 12 months ending on 30 June.
firearms licence means a Category A, B, C, D or H licence under the Firearms Act 1996.
fire-resistance level means a fire-resistance level determined in accordance with AS 1530 (Methods for fire tests on building materials, components and structures), Part 4 (Fire resistance tests of elements of building construction).
firework means an article designed to produce a sound or a pyrotechnic signal or a pyrotechnic effect by the explosion or ignition of an explosive substance, including a distress signal, gerbe, lance, mine, mortar shell, Roman candle, rocket, wheel, salute, torch or fountain.
firework wholesaler’s permit means a firework wholesaler’s permit under this Regulation.
flammable gas means dangerous goods of Class 2.1.
flammable liquid means dangerous goods of Class 3.
Form means a form in Schedule 1.
freight container, in relation to:
(a) dangerous goods to which the ADG Code applies, has the same meaning as in that Code, and
(b) dangerous goods to which the Australian Explosives Code applies, has the same meaning as in that Code.
fuel dispensing unit means mechanical equipment for the delivery of dangerous goods of Class 2.1 or 3 directly into the fuel tanks of vehicles or vessels, whether a pump is included in the equipment or not.
gas-free, in relation to a tank, hold or space, means that the concentration in the tank, hold or space:
(a) of any flammable gas or any vapour from a flammable liquid does not exceed 5 per cent of the lower explosive limit of the gas or vapour, and
(b) of any toxic vapour does not exceed the airborne concentration specified in the publication entitled “Exposure Standards for Atmospheric Contaminants in the Occupational Environment” published by Worksafe Australia.
gunpowder means an explosive substance mainly consisting of sulfur, charcoal or other carbon, and either potassium nitrate or sodium nitrate.
holder, in relation to:
(a) a licence that has not been transferred, or a permit—means the person to whom it was issued, or
(b) a licence that has been transferred—means the person to whom it was last transferred.
IBC (intermediate bulk container) means a rigid or flexible portable packaging for the transport of dangerous goods that:
(a) has the capacity of not more than:(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container—1 500 litres, or(ii) for solids of Packing Group I packed in a metal container—3 000 litres, or(iii) for solids or liquids of Packing Group II and III—3 000 litres, and
(b) is designed for mechanical handling, and
(c) is resistant to the stresses produced in usual handling and transport.
immediate packaging means an inner packaging designed to be used without an outer packaging.
in bulk, in relation to dangerous goods, means dangerous goods that are not packaged dangerous goods within the meaning of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations.
indoor table bomb means a pyrotechnic device designed to project streamers or confetti (or both) and to emit a report when an igniting string is pulled and containing an explosive substance with a mass not exceeding 60 milligrams, mainly consisting of any one or more of the substances potassium chlorate, amorphous phosphorus, antimony sulfide and sulfur.
inner packaging has the same meaning as in the ADG Code.
internal magazine means a receptacle or cabinet for the keeping of explosives within a building.
licensed capacity, in relation to a licensed depot, means the maximum quantity of dangerous goods that the depot is licensed to contain.
licensed depot means a depot in or on licensed premises and specified as a depot or magazine in the licence for the premises.
licensed magazine means a licensed depot that is a magazine.
licensed premises means premises in relation to which a licence under section 8 or 19 of the Act is for the time being in force.
licensed transport container means a container in relation to which a licence under section 10 of the Act is for the time being in force.
liquefied gas means dangerous goods of Class 2 having a critical temperature greater than 10°Celsius, kept as a liquid.
liquid oxygen explosive means an explosive manufactured by impregnating an absorbent carbonaceous material with liquid oxygen or liquid air.
magazine means a depot in which explosives are kept.
magazine keeper, in relation to a magazine, means a person responsible for the operation or maintenance of the magazine.
main electrical substation means a substation forming part of a community electricity reticulation system and not installed for the distribution of electricity to or within particular premises.
manufactured product has the same meaning as in the ADG Code.
model rocket propellant device means an article that:
(a) consists of a case in which there is a substance or substances that burn rapidly when ignited, and
(b) with or without other articles, is intended to be part of the propulsion system of a model rocket.
MSC means metric standard conditions of pressure and temperature, that is, a pressure of 101.325 kilopascals and a temperature of 15°Celsius.
NEQ means the net explosive quantity (expressed as a mass) of an explosive, exclusive of any non-explosive components.
non-combustible, in relation to:
(a) a material that is part of a building—means the material is not combustible within the meaning of AS 1530 (Methods for fire tests on building materials, components and structures), or
(b) a building or a part of a building—means the building or part is constructed wholly of materials that are not combustible as referred to in paragraph (a).
outer packaging has the same meaning as in the ADG Code.
package has the same meaning as in the ADG Code.
packaging has the same meaning as in the ADG Code.
penalty notice means a notice served under section 43A of the Act.
percussion cap means a device being a capsule or a case of metal that:
(a) contains a charge of chemicals (such as lead azide or lead styphnate), or of chemicals and other goods, covered and protected by a coating of tinfoil or other approved material and with or without an anvil, and
(b) if packed with other similar devices, is so constructed and packed that an explosion of the device does not cause an en masse explosion.
pool chlorine means dangerous goods of Class 5.1, being calcium hypochlorite, sodium dichloroisocyanurate, sodium trichloroisocyanurate, potassium dichloroisocyanurate, dichloroisocyanuric acid, trichloroisocyanuric acid and other oxidising agents, in solid form, used for chlorinating water.
prime contractor has the same meaning as in the ADG Code.
process building means a building (other than a depot) in or on premises licensed for the manufacture of explosives otherwise than for immediate use in which:
(a) any explosive, or
(b) any ingredient for explosives that either is an explosive substance or when mixed or brought into contact with another substance or article, including another ingredient for explosives, that is in that building, is capable of forming a mixture or compound that is an explosive substance,is manufactured (or is used in any process of manufacture) or is assembled, disassembled, modified, tested, pressed or packed (or is used as a part of a similar process), but does not include a building that under the terms of the licence or of an order in writing by the WorkCover Authority is not to be regarded as a process building.
propellant powder means gunpowder not contained in a safety cartridge, or the substance commonly described as nitrocellulose propellant powder, not so contained.
Proper Shipping Name has the same meaning as in the ADG Code.
protected place means any:
(a) public place, or
(b) railway, tramway or aerodrome, or
(c) waterway used for navigation, or
(d) dock, wharf, pier, jetty, reservoir (other than a reservoir used for the supply to the public of reticulated water), river wall, sea wall or bridge, or
(e) furnace, kiln, forge or fire for manufacturing purposes or for the use of any boiler, engine or machine, or
(f) water main or water supply channel (other than an underground main or channel), or
(g) main electrical substation, or
(h) electrical power transmission line having a line voltage of one kilovolt or more, or
(i) main gas transmission line (other than an underground line), or
(j) radio or television transmitter used in community broadcasting or television services.
protected work means any:
(a) dwelling-house, or
(b) government or public building, church, chapel, college, school, hospital, theatre or public hall, or
(c) shop, factory, warehouse, store or other building, or any timber yard, in which any person is employed or engaged in a trade, business or profession, or
(d) building or structure in or about which persons are usually present or from time to time assemble, or
(e) depot or process building situated on premises that are licensed, or required to be licensed, under section 8 or 19 of the Act or that, if the premises were in the State, would be required to be so licensed, or
(f) reservoir used for the supply to the public of reticulated water.
public place means a place to which the public has its own right to resort, and includes a public road.
public road has the same meaning as in the Local Government Act 1993.
pump includes all apparatus or appliances provided for use in connection with a pump.
pyrotechnicians permit means a pyrotechnicians permit under this Regulation.
refillable container means a packaging for dangerous goods of Class 2 that is designed to be refilled and that has a capacity not exceeding 0.1 litre.
Road Transport Reform (Dangerous Goods) (New South Wales) Regulations means the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth as applied by the Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998 as regulations in force for the purposes of the Road and Rail Transport (Dangerous Goods) Act 1997.
rural industry has the same meaning as in Part 3 of the Factories, Shops and Industries Act 1962.
safety fuse means a fuse for blasting that:
(a) burns and does not explode, and
(b) does not contain its own means of ignition, and
(c) is of such strength and construction and contains an explosive substance in such quantity that the burning of the fuse will not be communicated, except through an end of the fuse, to other similar fuses, and
(d) burns at a rate of one metre in not less than 90 seconds or more than 120 seconds.
screen wall means a wall not less than 2 metres high of such material and so constructed and placed as to preclude the penetration of vapour through it.
self-service fuel dispensing unit means a fuel dispensing unit designed to be operated by purchasers of the fuel delivered by the unit.
shotfirer’s permit means a shotfirer’s permit under this Regulation.
single occasion fireworks permit means a single occasion fireworks permit under this Regulation.
snap for bon-bon crackers means a firework designed to produce a sound by explosion when the ends of strips to both or either of which an explosive is applied are pulled away from each other, the explosives being dangerous goods of Class 1.1A in a quantity not exceeding 2 grams per 1 000 articles.
sparkler means a firework consisting of a wire or stick coated with a metallic powder in admixture with an oxidising composition.
sprinklered means provided with an automatic water sprinkling system for fire fighting.
starting pistol caps means dots of an explosive substance mainly consisting of any one or more of the substances potassium chlorate, amorphous phosphorus and antimony sulfide, the explosive substance being applied to sheets of paper or other suitable material and present in a quantity not exceeding 0.5 gram per dot.
streamer cone means a pyrotechnic device designed to project streamers and to emit a report when an igniting string is pulled, and containing an explosive substance with a mass not exceeding 30 milligrams and mainly consisting of any one or more of the substances potassium chlorate, amorphous phosphorus, antimony sulfide and sulfur.
subsidiary risk, in relation to dangerous goods, means the subsidiary risk assigned to the goods under the ADG Code.
tank has the same meaning as in the ADG Code and includes:
(a) a container of or for liquid dangerous goods (other than dangerous goods of Class 2 or flammable or combustible liquids) having a capacity exceeding 450 litres, or
(b) a container (other than a cylinder, a refillable container or a disposable container) of or for dangerous goods of Class 2 designed to contain gas under pressure, or
(c) a container (including any fill-point, dip-point or vent outlet of the container) of or for flammable or combustible liquids having a capacity exceeding 450 litres.
the Act means the Dangerous Goods Act 1975.
theatre or public hall means any building or part of a building that is used or intended to be used for the purpose of providing public entertainment or conducting public meetings.
toxic gas means dangerous goods of Class 2.3.
toy firework means amorces, confetti bomb, snaps for bon-bon crackers, sparkler, streamer cone, toy pistol cap, starting pistol cap and indoor table bomb.
toy pistol cap has the same meaning as amorces.
trade name, in relation to goods, means a word or expression:
(a) descriptive of those goods, or
(b) in respect of which, either alone or in combination with any pictorial or other matter, the manufacturer of the goods or a person engaged in their processing, sale or distribution has any proprietary rights.
transport container means a container that is in or on, or forms part of, a vehicle or vessel and is manufactured, adapted or used for the carriage of dangerous goods.
UN Recommendations means the tenth revised edition of the “Recommendations on the Transport of Dangerous Goods. Model Regulations.” published by the United Nations.
vapour path, in relation to the measuring of a distance from an exposure to a depot where there is a screen wall between them, means the distance, measured around the wall, between that part of the exposure and that part of the depot that are closest to the end of the wall or, if the distances so measured around the ends of the wall are not the same, the shorter or shortest of those distances.
WorkCover Authority means the WorkCover Authority of New South Wales constituted under the Workplace Injury Management and Workers Compensation Act 1998.