Division 1 Prescribed, excluded and authorised explosives
32 Dangerous goods prescribed as explosives
The following dangerous goods are prescribed as explosives for the purposes of the Act:(a) all dangerous goods of Class 1,(b) the dangerous goods described in clause 13 (d), (e), (f) and (h).
33 Certain provisions of the Act do not apply to certain explosives
For the purposes of section 15 of the Act:(a) distress signals (other than rockets) in a quantity not exceeding 10 kilograms, being explosives classified as dangerous goods of Class 1.4G, are prescribed as explosives in respect of which Divisions 4 and 5 of Part 4 of the Act do not apply, and(b) explosives classified as dangerous goods of Class 1.4S (other than detonators and safety cartridges) are prescribed as explosives in respect of which Divisions 2, 4 and 5 of Part 4 of the Act do not apply, and(c) toy fireworks (not being explosives classified as dangerous goods of Class 1.4S) are prescribed as explosives in respect of which Divisions 2, 4 and 5 of Part 4 of the Act do not apply, and(d) safety cartridges are prescribed as explosives in respect of which Divisions 2 and 5 of Part 4 of the Act do not apply.
34 Regulation not to apply to certain explosives
Nothing in this Regulation applies to or in respect of an explosive that is on board a vessel and that is required by or under any Act or other law to be carried as part of the vessel’s equipment.
(1) An application for the declaration under section 16 of the Act of an explosive as an authorised explosive must be made in writing to the WorkCover Authority and contain particulars of:(a) the nature and composition of the explosive to which it relates, including the percentage by mass or volume that each ingredient bears to the whole, and(b) any substance or substances desired to be approved as a substitute or as substitutes for a specified ingredient, and(c) the method of use of the explosive.(2) An applicant must furnish to the Authority such additional information in relation to the explosive as it may require.(3) An applicant must supply to the Authority, without charge, such sample or samples of the explosive as it may require for the purpose of testing.(4) A fee of $30 must be paid to the Authority in respect of an application. No fee is payable if the applicant has already paid to the Authority during that financial year fees totalling $3,000 for the examination or testing of explosives or if the Minister has waived payment of the fee.
Division 2 Safety provisions (general)
36 Prohibited explosives (ammunition)
(1) A person must not manufacture, import into the State, keep, convey or sell a safety cartridge:(a) in which the bullet is not firmly fixed in the cartridge case, or(b) having a split or cracked case, or(c) having a case that is liable to split or rupture when fired in a properly constructed weapon of a chambering and calibre appropriate to a cartridge of its class.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not apply to or in respect of safety cartridges held under a collector’s permit if the cartridges are kept separate from cartridges to be used for shooting.(3) A person must not manufacture, import into the State, keep, convey or sell a safety cartridge or other cartridge having a bullet or other projectile that:(a) explodes, or(b) contains an incendiary or tracer composition, or(c) contains a lachrymatory, nauseating or toxic substance.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(4) Subclause (3) does not apply to or in respect of:(a) a distress signal, or(b) the manufacture, importing, keeping, conveyance or sale, with the authority of the Commissioner of Police, of a cartridge for the use of the Police Service of the Commonwealth or a State or Territory of the Commonwealth, or(c) the importing, with the approval in writing of the WorkCover Authority, of a cartridge having a bullet or other projectile that contains an incendiary or tracer composition, or(d) a cartridge having a bullet or other projectile approved in writing.(5) The WorkCover Authority must not approve, under subclause (4) (c), of the importing of a cartridge unless it is satisfied that it is to be imported:(a) for conversion into scrap, or(b) for sale after the bullet or other projectile is replaced by a bullet or other projectile not of a kind described in subclause (3).
A person must not:(a) manufacture electric detonators of more than one type or series, or(b) import into the State electric detonators manufactured by one manufacturer and that are of more than one type or series,unless the wires attached to the detonators are colour-coded in such a manner that the types and series of detonators can readily be distinguished from each other.Contravention of this clause is an offence and is punishable in accordance with clause 340.
38 Prohibited explosives (fireworks)
(1) A person must not manufacture, import into the State, keep, convey or sell any of the following fireworks:(a) a toy firework (other than amorces, a streamer cone or a confetti bomb) containing a composition of a chlorate in admixture with sulfur, a sulfide or phosphorus,(b) a firework of such construction that firework composition can escape from it,(c) toy fireworks that are liable to explode en masse,(d) a toy firework (other than amorces, a snap for a bon-bon cracker, a streamer cone or a confetti bomb) that explodes either wholly or in part,(e) a firework that on ignition is liable to be projected through the air in an erratic or unpredictable flight,(f) a toy firework that contains arsenic or a compound of arsenic as an ingredient of its composition,(g) a firework that does not have displayed on it instructions in the English language (in or to the effect of the form approved in respect of the firework) relating to the manner in which it should be ignited and the manner in which it is designed to behave,(h) a firework that ignites less than 3 seconds, or more than 15 seconds, after its wick or touch paper has been ignited in accordance with the instructions displayed on it,(i) a firework that, after having been set up and ignited in accordance with the instructions displayed on it, behaves otherwise than in accordance with those instructions.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) (paragraphs (b) and (c) excepted) does not apply to or in respect of the manufacture, importing, keeping, conveyance or sale of fireworks for the purpose only of use outside the State if they are exported as soon as practicable after their manufacture or import into the State.(3) Subclause (1) (g) does not apply to or in respect of display fireworks that are to be ignited or discharged by their manufacturer or importer.
39 Prohibited explosives (marine distress flares and signals)
(1) A person must not manufacture, import into the State for sale or sell marine distress flares or signals to which AS 2092 (Pyrotechnic marine distress flares and signals for pleasure craft) applies unless they comply with that Standard or an equivalent International Standards Organisation standard.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not apply to or in respect of the manufacture, import or sale of marine distress flares or signals for the purpose only of use outside the State if they are exported as soon as practicable after their manufacture or import into the State.
40 Prohibited explosives (model rocket propellant devices)
(1) A person must not manufacture, import into the State, keep, convey or sell a model rocket propellant device that:(a) contains a composition of a chlorate in admixture with sulfur, a sulfide or phosphorus, or(b) is of such construction that ignitable substances can escape from it, or(c) may explode either wholly or in part, or(d) contains an ignitable substance or ignitable substances exceeding 15 grams in mass.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not apply to or in respect of the manufacture, importing, keeping, conveyance or sale of a model rocket propellant device by a person:(a) for the purpose only of use outside the State if it is exported as soon as practicable after its manufacture or import into the State, or(b) in the case of a model rocket propellant device containing an ignitable substance or ignitable substances not exceeding 62.5 grams in mass—if the person is a bona fide member of an approved rocket club, or(c) in the case of a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass—if the person is a bona fide member of an approved rocket club and holds a single occasion fireworks permit or pyrotechnicians permit.
41 Certain explosives not to be manufactured (except for immediate use), kept or conveyed
A person must not manufacture (except for immediate use), keep or convey any:(a) mixture of hydrogen and oxygen in the concentration range of 2 per cent to 97 per cent both inclusive, volume to volume, of hydrogen in oxygen, or(b) flammable mixture of hydrogen and oxygen together with any other gas or gases, or(c) liquid oxygen explosive.Contravention of this clause is an offence and is punishable in accordance with clause 340.
42 Responsibility of persons possessing explosives
(1) In this clause, responsible person means a trustworthy person not under the age of 18 years who is physically and mentally capable of exercising proper supervision over explosives.(2) A person who has received explosives under the authority of a permit must:(a) keep them in a secure place inaccessible to the public, or(b) keep them under his or her immediate supervision or cause them to be kept by, and under the immediate supervision of, a responsible person.(3) A person who removes for use any explosives from a magazine, or from a secure place referred to in subclause (2) (a), must:(a) until they are used, or placed in a magazine or secure place:(i) keep them under his or her immediate supervision, or(ii) cause them to be kept by, and under the immediate supervision of, another person who is a responsible person, and(b) immediately place, or cause to be immediately placed, in a magazine or secure place, any that are not used.(4) If a person has set or caused to be set an explosive to explode at a place and the explosive has not been fired or has misfired, the person must not leave the explosive unsupervised until it has been exploded, destroyed or rendered harmless.(5) If a person has set or caused to be set an explosive to explode at a place and the explosive has not been fired or has misfired, an inspector may (if the explosive remains in place) direct the person to:(a) explode it, or(b) render it harmless, destroy it or otherwise dispose of it in accordance with this Regulation,and the person so directed must not, without reasonable cause, fail to comply with the direction.(6) Subclauses (4) and (5) do not apply to or in respect of an explosive that is set to explode at a place in connection with any work to which the Mines Inspection Act 1901, the Coal Mines Regulation Act 1982 or the Construction Safety Act 1912 applies, and while the explosive remains at that place.Contravention of this clause is an offence and is punishable in accordance with clause 340.
43 Use of explosives in certain work
Any work involving the use of explosives to which AS 2187 (Explosives—Storage, transport and use), Part 2 (Use of explosives) applies must be carried out in compliance with that Standard.Contravention of this clause is an offence and is punishable in accordance with clause 340.
44 Destruction or other disposal of explosives
(1) A person must not render harmless, destroy or otherwise dispose of an explosive:(a) except by a method permitted by this clause, and(b) unless in so doing he or she takes adequate precautions against causing injury to any person or damage to any property.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Gunpowder, blasting powder and nitrocellulose propellant powder may be destroyed by burning under the supervision of:(a) an inspector, or(b) an inspector under the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982, or(c) a representative of the manufacturer of the explosives or of an agent for their distribution on behalf of the manufacturer, if the manufacturer or agent has authorised the representative to supervise the burning and has certified in writing that he or she is a fit and proper person to do so, or(d) a person authorised in writing by the WorkCover Authority for the purposes of this subclause.(3) The following explosives may be destroyed by burning:(a) blasting accessories such as safety fuse, fuse lighters, multiple safety fuse igniters, igniter cord and connectors for such accessories,(b) delay action fuses,(c) fireworks and pyrotechnics.(4) Explosives other than gunpowder, fireworks and firework composition may be destroyed by detonation in accordance with the following rules:(a) the method of detonation that provides the greatest degree of safety must be used,(b) the detonation must be initiated by whichever of the following methods is the most appropriate having regard to the condition of the explosives:(i) detonator,(ii) detonating fuse,(iii) detonator and priming cartridge,(c) if detonators are to be destroyed, the following procedure must be adopted:(i) not more than 1 000 detonators may be destroyed in any one detonation,(ii) the detonators must be in a small box or bag,(iii) electric detonators must have the wires cut off about 10 millimetres from the top of the shell,(iv) a hole at least 300 millimetres deep must be dug in the ground, preferably in dry sand, and in a safe place,(v) the box or bag containing the detonators must be placed in the hole together with a priming cartridge of about 200 grams of explosive and a properly positioned and serviceable detonator,(vi) the detonators and priming cartridge must be carefully covered with paper and then by dry sand or fine earth and fired from a safe distance that (unless a bunker, a mound or other adequate means of protection is available and used for protection) is at least 200 metres from the box or bag containing the detonators,(vii) after firing, a search for unexploded detonators must be made of the surrounding area for a distance of at least 30 metres in all directions (except underground) from the hole.(5) Explosives of any category may be disposed of by any method approved by the WorkCover Authority, an inspector or an inspector under the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982.(6) Small quantities, not exceeding 25 kilograms on any one occasion, of blasting powder or other nitrate mixtures (including a mixture of ammonium nitrate and fuel oil) may be rendered harmless by immersing them in water.(7) Despite any other provisions of this clause, a person must not dispose of explosives by discarding them:(a) in a river, creek, lake, lagoon or dam, or(b) on a garbage dump, or(c) on a building site, or(d) in or under newly poured concrete that has not set.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(1) A person must not enter, or remain in or on, premises licensed under the Act for the manufacture or keeping of explosives, or any part of, or any building, structure or installation in or on, such premises unless he or she is authorised to do so by the licensee or by or under an Act.(2) If a person enters, or remains in or on, any premises or part, or any building, structure or installation contrary to subclause (1):(a) he or she commits a breach of this Regulation, and(b) any of the following persons:(i) the licensee,(ii) an employee of the licensee,(iii) a person acting with the authority of the licensee,(iv) an inspector,(v) a police officer,may request him or her to leave the premises or part, or building, structure or installation and, if he or she fails to do so immediately after being so requested, remove him or her by the use of such reasonable force as is necessary for the purpose.Contravention of this clause is an offence and is punishable in accordance with clause 340.
46 Prohibition on retail sale of distress signals and on use of distress signals for other purposes
(1) A person must not sell a distress signal by retail except to a competent person over the age of 18 years who is a bona fide user of distress signals.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) It is an offence under Division 3 to use a distress signal for a purpose other than as a distress signal without a single occasion fireworks permit or pyrotechnicians permit.
47 Instructions to be attached to fireworks packages
A person must not sell fireworks or offer or expose fireworks for sale unless the package in which they are contained has attached to it readily understood instructions in the English language relating to the manner in which each firework in the package should be ignited and the manner in which each firework is designed to behave.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not send or cause to be sent to any other person (in this clause referred to as the consignee) a consignment of explosives unless:(a) he or she has given to the consignee a notice of his or her intention to send the consignment and has set out in the notice the description and quantity of the explosives proposed to be sent, and(b) he or she has been informed by the consignee that the consignee will be prepared to receive the explosives on a specified day or within a specified period, and(c) the explosives are sent at such a time and by such means that in the ordinary course of transport the consignee will receive them on the specified day or within the specified period.Contravention of this clause is an offence and is punishable in accordance with clause 340.
49 Notification of arrival of explosives by vessel or aircraft
(1) Immediately after the arrival in the State, by vessel or aircraft, of explosives consigned from outside the State, the importer of the explosives must give or cause to be given to the WorkCover Authority a notice in writing, in the approved form and manner, of the arrival of the explosives, the kinds of explosives and the quantity of each kind unless the consignee has already given that notice.(2) Neither the importer nor consignee of the explosives referred to in the notice must:(a) transport or cause or permit the explosives to be transported from the place where they are unloaded to a bond or free store, premises licensed for the keeping of explosives or any other repository unless an inspector has certified by an entry on the form of notice that the explosives have been passed for such transport, or(b) after the explosives have been so transported, remove them or cause or allow them to be removed from the store, premises or other repository:(i) unless an inspector has certified in writing that they are suitable for removal, or(ii) if an inspector has refused so to certify—except in accordance with directions for their removal and disposal given by the WorkCover Authority.Contravention of this clause is an offence and is punishable in accordance with clause 340.
50 Export of explosives by vessel
A person intending to export explosives from the State by vessel in a quantity exceeding 2.5 kilograms:(a) must, before they are loaded into or onto the vessel, give notice to the WorkCover Authority of the intended export in the approved form and manner, and(b) must not load them, or cause or permit them to be loaded, unless the master of the vessel has signed the certificate set out in the notice.Contravention of this clause is an offence and is punishable in accordance with clause 340.
Division 3 Authorities to receive, use or sell explosives (general)
51 Certain persons authorised to receive explosives
(1) Subject to clause 58, the holder of a firearms licence is authorised to receive, on any one occasion, not more than 10 kilograms of propellant powder.(2) Subject to clause 58, if premises are licensed under section 8 of the Act for the keeping of explosives:(a) the licensee, and(b) any person acting in the course of his or her employment by the licensee, and(c) any person authorised in writing by the licensee to receive explosives for keeping in or on those premises, and(d) if the licensee is a corporation—any person acting in his or her capacity as a director of the corporation,are authorised to receive explosives for keeping in or on those premises.(3) Subject to clause 58, a person authorised by section 10 of the Act to carry explosives in a transport container is authorised to receive explosives for carriage in the container.
(1) The WorkCover Authority may issue a shotfirer’s permit to a person who applies for the permit and either:(a) satisfies the Authority that he or she has satisfactorily completed a course in the use of explosives conducted by the Department of Technical and Further Education, or(b) demonstrates to the satisfaction of the Authority that he or she is fully competent in the use of explosives.(2) The Authority may refuse to issue a shotfirer’s permit:(a) on any ground on which an application for a permit under Division 4 (Issue by police of permits to receive explosives) could be refused, or(b) on any other reasonable ground.(3) The Authority must specify in a shotfirer’s permit:(a) the person to whom it is issued, and(b) the quantities and kinds of explosives that may be received under it on any one occasion, and(c) the period for which it is to be in force.(4) A shotfirer’s permit is subject to:(a) the condition (which must be specified in the permit) that the holder of the permit must so use the explosives received under the authority of the permit that at the end of any day he or she does not retain more than 2.5 kilograms of blasting explosives (as defined in Division 4), not more than 110 detonators and not more than 500 metres of detonating fuse, and(b) any other conditions that the Authority thinks fit to impose and that are specified in it.(5) The holder of a shotfirer’s permit is authorised, subject to clause 58 and to the condition or conditions specified in the permit, to receive explosives not exceeding on any one occasion the amount of explosives specified in the permit under subclause (3) (b).(6) Subject to the Act, a shotfirer’s permit is in force for the period specified in it.
(1) The WorkCover Authority may issue a collector’s permit to a person who applies for the permit and satisfies the Authority that he or she is a member of a club or society:(a) the aims of which are or include the study and collection of explosives of historical interest, and(b) the name of which has been registered with the Authority on the application of its committee of management or other governing body.(2) The Authority may refuse to issue a collector’s permit:(a) on any ground on which an application for a permit under Division 4 (Issue by police of permits to receive explosives) could be refused, or(b) on any other reasonable ground.(3) The Authority must specify in a collector’s permit:(a) the person to whom it is issued, and(b) the quantities and kinds of explosives that may be received under it on any one occasion, and(c) the period for which it is to be in force.(4) A collector’s permit is subject to any conditions that the Authority thinks fit to impose and that are specified in it.(5) Subject to clause 58, the holder of a collector’s permit is authorised to receive explosives of historical interest of the type or types specified in it, but only if he or she does so:(a) subject to the conditions, if any, specified in the permit, and(b) for the purpose of keeping the explosives as part of a bona fide collection of explosives of historical interest in his or her possession.(6) A collector’s permit is in force for the period specified in it.
54 Single occasion fireworks permit
(1) An individual may apply to the WorkCover Authority for a single occasion fireworks permit to:(a) receive or use display fireworks, or(b) use a distress signal other than as a distress signal, or(c) use a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass.(2) An application must:(a) set out the purposes for which the fireworks are, or the signal or device is, to be used, and(b) nominate the period for which the permit is required, and(c) be made in an approved manner, and(d) be accompanied by the fee fixed for the time being by the WorkCover Authority to cover expenses in connection with applications for a permit of the type concerned.(3) The WorkCover Authority may issue a single occasion fireworks permit, for a period not exceeding 7 days, to an applicant if it is satisfied that he or she:(a) is of or above the age of 18 years, and(b) has a good and sufficient reason for using the fireworks, signal or device for the purposes set out in the application, and(c) has attained a level of competence in the safe use of the fireworks, signal or device, that is recognised by the WorkCover Authority for the purposes of obtaining a permit, and(d) in the case of an application to use display fireworks, can be trusted to receive, have in possession, convey and use the fireworks.(4) A permit issued under this clause is subject to the conditions specified in it (including conditions that the WorkCover Authority considers appropriate in the interests of the safety and the welfare of the community).(5) Subject to clause 58, a permit issued under this clause authorises its holder to:(a) in the case of a permit to receive and use display fireworks—receive and use display fireworks of the types specified in the permit, and(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,but only if the person does so in accordance with the permit’s conditions.(6) Subject to clause 58, a permit issued under this clause authorises any person acting under the direct supervision of its holder to:(a) in the case of a permit to receive and use display fireworks—use display fireworks of the types specified in the permit, and(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,but only if the person does so in accordance with the permit’s conditions.(7) A permit issued under this clause is in force only for the day or days specified in it.
(1) An individual may apply to the WorkCover Authority for a pyrotechnicians permit to:(a) receive or use display fireworks, or(b) use a distress signal other than as a distress signal, or(c) use a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass.(2) An application must:(a) set out the purposes for which the fireworks are, or the signal or device is, to be used, and(b) nominate the period for which the permit is required, and(c) be made in an approved manner, and(d) be accompanied by the fee fixed for the time being by the WorkCover Authority to cover expenses in connection with applications for a permit of the type concerned.(3) The WorkCover Authority may issue a pyrotechnicians permit for a specified period to an applicant if it is satisfied that he or she:(a) is of or above the age of 18 years, and(b) has a good and sufficient reason for using the fireworks, signal or device for the purposes set out in the application, and(c) has completed a training course or attained a level of competence in the safe use of the fireworks, signal or device, that is recognised by the WorkCover Authority for the purposes of obtaining a permit, and(d) in the case of an application to use display fireworks, can be trusted to receive, have in possession, convey and use the fireworks.(4) A permit issued under this clause is subject to the conditions specified in it (including conditions that the WorkCover Authority considers appropriate in the interests of the safety and the welfare of the community).(5) It is a condition of a permit issued under this clause, that the holder notify the WorkCover Authority of an intention to receive or use any fireworks, signal or device, at least 7 days before the fireworks, signal or device is to be received or used.(6) Subject to clause 58, a permit issued under this clause authorises its holder to:(a) in the case of a permit to receive and use display fireworks—receive and use display fireworks of the types specified in the permit, and(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,but only if the person has given notice in accordance with subclause (5) and does so in accordance with the permit’s conditions.(7) Subject to clause 58, a permit issued under this clause authorises any person acting under the direct supervision of its holder to:(a) in the case of a permit to receive and use display fireworks—use display fireworks of the types specified in the permit, and(b) in the case of a permit to use a distress signal or model rocket propellant device—use the signal or device for the purposes set out in the permit,but only if the person does so in accordance with the permit’s conditions.(8) A permit issued under this clause is in force only for the period specified in it.(9) A display fireworks permit issued before 1 March 2004 is taken to be a pyrotechnicians permit, which expires:(a) on the date specified in the permit, or(b) on 1 March 2005,whichever is the sooner.
54B Unauthorised use of fireworks
A person must not:(a) receive or use display fireworks, or(b) use a distress signal other than as a distress signal, or(c) use a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass,unless the person is authorised to do so by a single occasion fireworks permit issued under clause 54 or a pyrotechnicians permit issued under clause 54A.Contravention of this clause is an offence and is punishable in accordance with clause 340.
55 Firework wholesalers’ permits
(1) A person who intends to carry on the business of selling fireworks otherwise than by retail sale must apply to the WorkCover Authority in the approved manner for a firework wholesaler’s permit.(2) The WorkCover Authority may issue a firework wholesaler’s permit to an applicant if it is satisfied that he or she is of or above the age of 18 years.(3) The Authority must specify in a firework wholesaler’s permit:(a) the person to whom it is issued, and(b) the period for which it is to be in force.(4) A firework wholesaler’s permit is subject to any conditions that the Authority thinks fit to impose and that are specified in it.(5) A firework wholesaler’s permit is in force for the period specified in it.
56 Restriction on the sale of display fireworks
(1) A person must not sell display fireworks unless the person has authority to sell those fireworks because of:(a) a licence issued under section 8, 17, 19 or 21 of the Act, or(b) a firework wholesaler’s permit,and unless those fireworks are sold in accordance with the conditions of the licence or permit.(2) A person must not sell display fireworks except to a holder of a licence issued under section 8, 19 or 21 of the Act or a single occasion fireworks permit or pyrotechnicians permit.Contravention of this clause is an offence and is punishable in accordance with clause 340.
57 Certain persons authorised to receive explosives in the course of certain work
A person is authorised to receive, otherwise than by way of sale, explosives from another person if:(a) the explosives are supplied for use in carrying out work in, on or about a mine, quarry, farm, building site or other place on the day on which they are supplied, and(b) the person supplying and the person receiving the explosives are employed or engaged in, or responsible for, the carrying out of that work.
58 Production of evidence of authority to receive explosives
(1) A person is not authorised to receive explosives from another person unless, in accordance with this clause, he or she produces to that other person, or to a prescribed representative of that other person, the prescribed evidence that he or she is (but for this clause) so authorised.(2) For the purposes of subclause (1) the prescribed evidence that a person is (but for this clause) authorised to receive explosives by:(a) clause 51 (1)—is his or her firearms licence, or(b) clause 51 (2) or (3)—is any evidence affording reasonable grounds for belief that he or she is so authorised, or(c) clause 52, 53, 54 or 54A—is his or her shotfirer’s permit, collectors permit, single occasion fireworks permit or pyrotechnicians permit, respectively, or(d) Division 4—is a permit issued to him or her under that Division.(3) For the purposes of subclause (1) the prescribed representative of a person is:(a) a person who is or appears to be an employee or agent of that person and to be acting in the course of his or her employment or within the scope of his or her authority, or(b) if the firstmentioned person is a corporation, a person who is or appears to be a director of the corporation.(4) A person does not produce evidence, in the form of a document or documents, to another person in accordance with this clause unless he or she allows that other person:(a) to peruse the document or documents and, if that other person so desires, to make a copy of or to take extracts from it or them, and(b) if the document is a permit under Division 4—to make a notation on it in accordance with subclause (5).(5) If a person receives explosives on the production, under subclause (1), of a permit under Division 4, the person supplying the explosives must make in the space provided for that purpose on the permit a notation showing the description and quantity of the explosives supplied and the date on which they are supplied.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(6) Nothing in this clause applies to or in respect of the supply of explosives under clause 57.
Division 4 Issue by police of permits to receive explosives
In this Division:blasting explosives means explosives of Classes 1.1C and 1.1D (other than detonating fuse), 1.3C and 1.5D.
officer means a police officer.
permit means permit under this Division.
An application for a permit is not duly made unless it is:(a) in Form 1, and(b) made to the officer in charge for the time being of the police station in the State nearest to:(i) the applicant’s usual place of residence, or(ii) a place where the applicant is employed or engaged in a profession, trade or employment.
(1) An officer may issue a permit to a person who applies for it, or may refuse an application for a permit.(2) An officer must refuse an application for a permit:(a) if the applicant is not a natural person, or(b) if after making due inquiry the officer ascertains or has good reason to believe that the applicant:(i) has been convicted in the State or elsewhere of an offence relating to firearms or explosives and sentenced to imprisonment for 12 months or more and has been released from that imprisonment less than 5 years before the date of the application, or(ii) is subject to a recognizance, granted in the State or elsewhere, to keep the peace, or(iii) is the subject of a firearms prohibition order within the meaning of the Firearms Act 1996, or(c) if he or she is not satisfied that the applicant:(i) is of or above the age of 18 years, and(ii) is of good character and repute, and(iii) has good reason for requiring a permit, and(iv) can be trusted to have explosives in his or her possession and to use and convey explosives without danger to the public safety or to the peace.(3) An officer must not issue a permit without having made due inquiry as to the matters referred to in subclause (2) (b).(4) A permit is to be in Form 2.
(1) Subject to the Act and this Regulation, a permit is in force for the period, not exceeding 3 months from the date of its issue, specified in it.(2) While 2 or more permits issued to a person would, but for this subclause, be in force at the same time, only the permit first issued is in force.
(1) The officer in charge for the time being of the police station at which a permit was issued may, on the application of its holder, and if its holder furnishes to the officer a statutory declaration in evidence that the permit has been lost, destroyed or mutilated, issue a substitute permit in terms of the original permit.(2) Clauses 60 and 61 do not apply to or in respect of an application for the issue of a substitute permit.
64 Authority conferred by permit
The holder of a permit is authorised, subject to the conditions of the permit and to clause 58, to receive blasting explosives, detonators and detonating fuse.
(1) A permit is subject to the conditions:(a) that not more than the amount of blasting explosives, detonators and detonating fuse specified in it may be received under its authority on any one occasion, and(b) that, unless the permit is subject to the condition referred to in subclause (3) (e), its holder must not keep, other than for immediate use, more than 2.5 kilograms of blasting explosives, 110 detonators and 500 metres of detonating fuse.(2) The amount of explosives to be specified under subclause (1) (a) is:(a) 2.5 kilograms of blasting explosives, 110 detonators and 500 metres of detonating fuse, or(b) if the officer issuing the permit is satisfied that the applicant needs, for a purpose specified by the applicant, to receive a greater quantity of blasting explosives than that referred to in paragraph (a)—50 kilograms of blasting explosives, 200 detonators and 500 metres of detonating fuse, or(c) if the officer issuing the permit is satisfied that the applicant needs, for use in a mine, a greater quantity of blasting explosives than that specified in paragraph (a)—the maximum quantity of blasting explosives, detonators and blasting fuse that may be kept in the mine under the authority of any relevant mining legislation.(3) A permit may be issued subject to any one or more of the following conditions additional to those imposed by subclause (1):(a) that explosives must not be received under its authority on more than a number of occasions specified in it,(b) that within a period specified in it explosives must not be received on more than the number of occasions so specified,(c) that only explosives of a class or description specified in it may be received,(d) that explosives of a class or description specified in it must not be received,(e) that all blasting explosives received on any day must be used or disposed of on that day.(4) The conditions of a permit must be set out in it.
The person to whom a permit is issued must retain it in his or her possession for:(a) a period of at least 9 months after the date on which it was issued, or(b) while any explosives received under its authority are in his or her possession,whichever is the longer period.Contravention of this clause is an offence and is punishable in accordance with clause 340.
(1) The officer in charge of a police station who issued a permit, the officer in charge for the time being of the police station or the Commissioner of Police may, by notice in writing, cancel a permit if:(a) had it not been issued, he or she would be required by clause 61 (2) to refuse an application for a permit made by its holder, or(b) he or she is satisfied that its holder:(i) made a statement in or in connection with his or her application for the permit that was false or misleading in a material particular, or(ii) has failed to comply with any of its conditions, or(c) he or she is satisfied that, at the time of the issue of the permit, another permit issued to the holder was in force, or(d) its holder has since its issue been convicted of an offence against the Act or this Regulation,and must revoke a permit if its holder requests him or her to do so.(2) If a person cancels a permit he or she must cause a notice of the cancellation to be served on the holder by sending the notice by post addressed to the holder at his or her last known address or by delivering it or causing it to be delivered personally.(3) A cancellation takes effect:(a) if the notice of cancellation is sent by post—when the notice would be delivered to the addressee in the ordinary course of post, or(b) if the notice is delivered to the holder personally—when it is so delivered.
Division 5 Use of particular explosives
In this Division:explosives means explosives of Class 1.1D, 1.4D or 1.5D.
explosives user’s permit means an explosives user’s permit issued by the WorkCover Authority under clause 70.
learner’s permit means a learner’s permit issued by the WorkCover Authority under clause 72.
69 Persons working with explosives to hold explosives user’s permit
(1) A person must not prepare or fire charges of explosives unless the person holds an explosives user’s permit.(2) A person must not employ, instruct or allow another person to prepare or fire charges of explosives unless the other person holds an explosives user’s permit authorising him or her to do so.(3) A person who holds an explosives user’s permit must not prepare or fire charges of explosives if the person is not authorised to do so by the permit.(4) Subclauses (1)–(3) do not apply to anything done by the holder of a learner’s permit in accordance with the conditions of the permit.(5) The WorkCover Authority may by order in writing exempt persons from any provisions of this clause.Contravention of this clause is an offence and is punishable in accordance with clause 340.
70 Issue of explosives users’ permits
(1) The WorkCover Authority may issue an explosives user’s permit to a person who satisfies the Authority that he or she:(a) is of or over 18 years of age, and(b) does not have a physical infirmity (such as deafness, defective sight or epilepsy) that would render him or her unfit to hold a permit, and(c) has had at least 12 months’ experience in preparing and firing charges of explosives (or has had such other similar experience as is acceptable to the Authority), and(d) has passed an approved written examination to test his or her knowledge of:(i) the storage and conveyance of explosives and the preparation and firing of charges of explosives, and(ii) the measures and precautions to be taken to prevent accidents in connection with the storage and conveyance of explosives and the preparation and firing of charges of explosives,with relevance to the type of work in respect of which the person has applied for the permit, and(e) if required by the Authority, has passed an approved practical and oral examination to test his or her competency to prepare and fire charges of explosives, and(f) is competent and trustworthy to prepare and fire charges of explosives, and(g) is otherwise a fit and proper person to hold a permit.(2) The WorkCover Authority may issue an explosives user’s permit to a person who satisfies the Authority that he or she holds an equivalent qualification issued under other New South Wales legislation or under the legislation of the Commonwealth or of another State or a Territory of the Commonwealth.(3) An application to the WorkCover Authority for an explosives user’s permit must be in a form acceptable to the Authority and be accompanied by such fee as is determined by the Authority.(4) An applicant for the issue of an explosives user’s permit under subclause (1) must hold a relevant learner’s permit at the time of the application.(5) The WorkCover Authority may require an applicant to produce a medical certificate in support of his or her application.(6) A person must not, in or in connection with an application, make a statement that the person knows to be false or misleading in a material particular.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(7) An explosives user’s permit may be issued subject to conditions.(8) An explosives user’s permit authorises the holder to perform the type of work specified in it.
71 Refusal to issue a permit in certain cases
(1) The WorkCover Authority may refuse to issue an explosives user’s permit to a person:(a) against whom an apprehended violence order (whether or not it is an interim order) is in force under Part 15A of the Crimes Act 1900, or(b) if the Authority is satisfied that the person has a history of violence or threats of violence (whether or not the person has been convicted of an offence involving violence).(2) In subclause (1) (b), violence includes behaviour referred to in section 562AB (Stalking, intimidation with intent to cause fear for personal safety) of the Crimes Act 1900.
(1) The WorkCover Authority may issue a learner’s permit authorising a person to prepare and fire charges of explosives subject to any conditions attached to the permit.(2) Without limiting subclause (1), it is a condition of a learner’s permit that the holder of the permit must not prepare or fire charges of explosives unless supervised by the holder of an explosives user’s permit.
73 Suspension or cancellation of permits
(1) If it appears to the WorkCover Authority that the holder of an explosives user’s permit is incompetent or untrustworthy in the performance of, or is unfit to perform, any work authorised by the permit, it may:(a) by order in writing direct the holder to cease doing the work and refrain from doing it for such period (not exceeding 10 days) as may be specified in the order, or(b) by notice in writing served on the holder, require the holder to show cause why the permit should not be suspended or cancelled,or take action under both paragraphs.(2) A holder of an explosives user’s permit who has been served with an order under subclause (1) (a) must comply with the direction set out in it.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(3) The WorkCover Authority may, if not satisfied with the matters (if any) put to it by a permit holder in response to a show cause notice:(a) suspend the permit for a period not exceeding 12 months, or(b) cancel the permit.(4) If the WorkCover Authority is satisfied that a person who has been served with a show cause notice has a history of violence or threats of violence (whether or not the person has been convicted of an offence involving violence), it may, at any time, suspend the person’s explosives user’s permit pending determination of the matter.(5) If the WorkCover Authority is satisfied that an apprehended violence order is in force under Part 15A of the Crimes Act 1900 against the holder of an explosives user’s permit (whether or not the person has been served with a show cause notice), it may, at any time, suspend the permit for a period determined by the Authority (being a period that ends on or before the end of the period during which the order remains in force).(6) The WorkCover Authority may, at any time, suspend for any period or cancel a learner’s permit.(7) A person whose explosives user’s permit or learner’s permit is suspended or cancelled must, within 7 days of being notified of the suspension or cancellation, return the permit to the WorkCover Authority.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
74 Certificates and permits under the Construction Safety Act 1912 and regulations
(1) In this clause:construction safety legislation means the Construction Safety Act 1912 and the Construction Safety Regulations 1950.
(2) A certificate of competency as a powderman in force under the construction safety legislation immediately before the commencement of this Regulation is taken to be an explosives user’s permit issued under this Division.(3) A powderman’s learner’s permit in force under the construction safety legislation immediately before the commencement of this Regulation is taken to be a learner’s permit issued under this Division.(4) A certificate of competency as a powderman or a powderman’s learner’s permit under the construction safety legislation that was subject to a suspension in force under that legislation immediately before the commencement of this Regulation is, as from the end of the suspension, taken to be an explosives user’s permit or learner’s permit (as the case may be) issued under this Division.(5) Any appeal made under the construction safety legislation in relation to a powderman’s certificate of competency and in progress as at the commencement of this Regulation may continue and be finalised after that commencement as if the provisions of the construction safety legislation relating to such appeals were still in force.(6) Any certificate of competency as a powderman issued as the result of a decision on such an appeal is taken to be an explosives user’s permit issued under this Division.
75 Records to be kept by licensee for keeping or manufacture of explosives
(1) Subject to this clause, the holder of:(a) a licence for the keeping of explosives in or on premises, or(b) a licence under section 19 of the Act for the manufacture of explosives in or on premises otherwise than for immediate use,must, whenever in, on or from those premises explosives are purchased or received by the holder or sold or supplied to another person, immediately make or cause to be made in indelible ink, in a book conforming to subclause (4), a record of the matters referred to in subclause (2).(2) The matters a record of which is to be made or caused to be made are:(a) the name and address of the person from whom the explosives were purchased or received or to whom they were sold or supplied, and(b) in the case of:(i) the purchase or receipt of explosives from a person—the number of the licence or permit authorising that person to supply the explosives, or(ii) the sale or supply of explosives to a person—the number of the licence or permit authorising that person to receive the explosives, and(c) the date of the purchase, receipt, sale or supply, and(d) a description and the quantity of the explosives purchased, received, sold or supplied.(3) The holder of a licence referred to in subclause (1) must, whenever he or she causes or permits explosives to be used, immediately make or cause to be made in indelible ink in the book referred to in that subclause a record of the date of the use of the explosives and the description and quantity of the explosives used.(4) A book conforms to this subclause if the pages of the book are:(a) bound together by sewing or otherwise in such manner that a page cannot easily be removed, and(b) numbered consecutively.(5) A licensee or other person must not:(a) remove a page from a book, or(b) deface an entry or mark in a book, or in any records made under an authority under subclause (7), so as to make that entry or mark indecipherable, or(c) make an alteration in an entry made in a book or in such records unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.(6) The holder of a licence under section 8 or 19 of the Act:(a) must not commence to use or to cause to be used a book under subclause (1) unless it has been identified and marked by the officer in charge of the police station nearest to the licensed premises, and(b) when the use of the book is terminated, must produce it to the officer in charge of that police station for notation on it of the date on which the use was terminated.(7) The WorkCover Authority may issue to a person an authority in writing authorising him or her to make or cause to be made, in the manner specified in the authority, records of the matters referred to in subclause (2) and may cancel or vary the terms of that authority.(8) Subclause (1) does not apply to or in respect of:(a) the purchase, receipt, sale or supply of explosives in, on or from premises if the licensee of the premises is for the time being authorised under subclause (7) and makes or causes to be made a record of the purchase, receipt, sale or supply in accordance with the authority, or(b) the sale or supply, in, on or from premises licensed under section 19 of the Act, of explosives for immediate use.(9) The holder of a licence referred to in subclause (1) must:(a) periodically (but at least once every 3 months) carry out an audit of the explosives kept, manufactured, purchased, received, sold, supplied and used in, on or from the licensed premises during the audit period, and(b) keep a written record of each audit, and(c) immediately notify the local police station and the WorkCover Authority of any discrepancies discovered during an audit.(10) A licensee of premises who in accordance with this clause or an authority under subclause (7) makes or causes to be made a record must:(a) retain in or on the premises for a period of at least 3 years after the making of the record the book or other document in or on which it was made, and(b) retain the book or other document, in the case of premises licensed under:(i) section 8 of the Act—in or at a magazine, or(ii) section 19 of the Act—in the factory area, and(c) whenever required to do so within that period of 3 years by a police officer of or above the rank of sergeant produce the book or other document to that officer and allow him or her to inspect, examine and take copies of or extracts from it.Contravention of this clause is an offence and is punishable in accordance with clause 340.
76 Records to be kept by licensee of vehicle or vessel
(1) The holder of a licence under section 10 of the Act in respect of a transport container must, whenever explosives are carried in the container:(a) make or cause to be made in indelible ink, in a book conforming to subclause (2), a record of:(i) a description and the quantity of the explosives, and(ii) the dates and places of loading and unloading of the explosives, and(b) on the delivery of the explosives, immediately present or cause to be presented to the prescribed person, for signature by that person, the book containing the record.(2) A book conforms to this subclause if the pages of the book are:(a) bound together by sewing or otherwise in such manner that a page cannot easily be removed, and(b) numbered consecutively.(3) The prescribed person referred to in subclause (1) (b) is, in relation to explosives delivered to:(a) a magazine—the person for the time being in charge or apparently in charge of the magazine, or(b) any other place—the person for the time being in charge or apparently in charge of the receipt of the explosives.(4) The prescribed person must, when a book containing a record in respect of explosives delivered to and accepted by him or her is presented to him or her in accordance with subclause (1) (b), immediately sign the book opposite that record in such manner as to indicate his or her receipt of the recorded description and quantity of those explosives.(5) A licensee or other person must not:(a) remove a page from a book, or(b) deface an entry or mark in a book so as to make the entry or mark indecipherable, or(c) make an alteration in an entry made in a book unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.(6) A person who in accordance with this clause makes or causes to be made a record in a book must retain the book for a period of at least 12 months after the making of the record.Contravention of this clause is an offence and is punishable in accordance with clause 340.
77 Records to be kept by licensee for importation or sale of explosives
(1) Subject to this clause, the holder of a licence under section 17 or 21 of the Act must, whenever explosives are imported or sold under the authority of the licence or are supplied by him or her or on his or her behalf to any person, immediately make or cause to be made in indelible ink, in a book conforming to subclause (2), a record of:(a) in the case of an importation of explosives:(i) the date of importation, and(ii) a description and the quantity, and(iii) the place of loading, and(iv) the means of importation, and(v) the method of transhipment after the arrival in the State,of the explosives, and(b) in the case of a sale or supply of explosives to another person:(i) the name and address of the person to whom they were sold or supplied, and(ii) the number of the licence or permit by virtue of which that person received them, and(iii) the date on which the sale or supply took place, and(iv) a description and the quantity of the explosives sold or supplied.(2) A book conforms to this subclause if the pages of the book are:(a) bound together by sewing or otherwise in such manner that a page cannot easily be removed, and(b) numbered consecutively.(3) A licensee or other person must not:(a) remove a page from a book, or(b) deface an entry or mark in a book, or in any records made under an authority under subclause (4), so as to make that entry or mark indecipherable, or(c) make an alteration in an entry made in a book or in such records unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.(4) The WorkCover Authority may issue to a person an authority in writing authorising him or her to make or cause to be made, in a manner specified in the authority, records of the matters referred to in subclause (1) and may cancel or vary the terms of that authority.(5) Subclause (1) does not apply to or in respect of the importation, sale or supply of explosives under the authority of a licence, or by or on behalf of a licensee, if the licensee is for the time being authorised under subclause (4) and makes or causes to be made a record of the importation, sale or supply in accordance with the authority.(6) A licensee who in accordance with this clause or an authority under subclause (4) makes or causes to be made a record must:(a) retain for at least 12 months after the record is made the book or other document in or on which it was made, and(b) whenever required to do so within that period of 12 months by a police officer of or above the rank of sergeant produce the book or other record to that officer and allow him or her to inspect, examine and take copies of or extracts from it.Contravention of this clause is an offence and is punishable in accordance with clause 340.