Division 2Division 2 Conveyance of explosives
In this Division:licence means a licence under section 10 of the Act.
180 Compliance with the Australian Explosives Code
A person who conveys dangerous goods of Class 1 must comply with any applicable provisions of the Australian Explosives Code that are not inconsistent with this Part.Contravention of this clause is an offence and is punishable in accordance with clause 340.
181 Certain explosives not to be carried except in or on licensed vehicles or vessels
The following dangerous goods (other than dangerous goods to which this Part does not apply) are prescribed for the purposes of section 11 of the Act:(a) all explosives when carried in bulk, and(b) all explosives when carried otherwise than in bulk:(i) by vehicle—in a quantity sufficient to qualify for inclusion in Category 2 or 3 within the meaning of the Australian Explosives Code (but not including Division 1.1 or 1.2 types of explosives (not being detonators) within the meaning of that Code in a quantity exceeding 25 kilograms), or(ii) by vessel—in a quantity exceeding 250 kilograms.
182 Inspection of licensed transport containers
(1) The WorkCover Authority may, by notice in writing, require the holder of a licence issued in relation to a transport container to present the container for inspection by an inspector at a time and place specified in the notice.(2) The notice may be served by posting it to the licensee’s postal address shown on the licence.(3) The licensee must not fail to present the transport container for inspection at the time and place specified in the notice.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
183 Unlicensed containers not to be used for the carriage of explosives
A person must not place or cause to be placed any dangerous goods prescribed for the purposes of section 11 of the Act into a transport container, other than a licensed transport container.Contravention of this clause is an offence and is punishable in accordance with clause 340.
184 Prohibition on carriage of explosives by vehicles in certain areas
(1) A person must not carry dangerous goods of Class 1.1 or 1.2 in or on a vehicle in or on any of the following areas, roads or districts in a quantity greater than that specified in respect of the area, road or district:(a) the area of the State west of the eastern boundary of the Newell Highway—25 tonnes,(b) the area of the State east of the eastern boundary of the Newell Highway (except the roads or districts referred to in paragraphs (c) and (d))—10 tonnes,(c) the roads on a more or less direct route from the Newell Highway to Woodward Island via Jackadgery, the Hunter Valley via Merriwa and the Woodlawn Mine via Yass—25 tonnes,(d) the Central Business Districts of Sydney, North Sydney, Newcastle and Wollongong—6 tonnes.(2) A person must not carry dangerous goods of Class 1.1, 1.2 or 1.5 in or on a vehicle in the following districts, on the following bridges or in the following road tunnels without the approval of the WorkCover Authority:(a) the Central Business Districts of Sydney, North Sydney, Newcastle and Wollongong,(b) the Sydney Harbour Bridge, the Anzac Bridge and the Gladesville Bridge,(c) any road tunnels within 20 kilometres of the Sydney Town Hall.(3) A person carrying dangerous goods of Class 1.1, 1.2 or 1.5 in or on a vehicle must bypass the Central Business Districts of Sydney, North Sydney, Newcastle and Wollongong and the main shopping areas of any other city or of any town whenever it is practicable and no less safe to do so.(4) In this clause:Central Business District, in relation to Sydney, North Sydney, Newcastle and Wollongong, means the areas defined by the boundaries of Postcodes 2000, 2060, 2300 and 2500, respectively.
Contravention of this clause is an offence and is punishable in accordance with clause 340.
185 Conveyance of liquid oxygen explosives on public roads prohibited
A person must not convey liquid oxygen explosives on a public road.Contravention of this clause is an offence and is punishable in accordance with clause 340.
(1) In this clause, licence means a licence that specifies explosives or a kind or kinds of explosives, or explosives not of a specified kind or kinds, as the dangerous goods the licensee is authorised to carry.(2) The WorkCover Authority must:(a) before issuing a licence for a transport container that is in or on, or forms part of, a vehicle, be satisfied that the vehicle complies with the requirements of the Australian Explosives Code for road vehicles used to transport explosives in a quantity sufficient to qualify for inclusion in Category 2 or 3 within the meaning of that Code, and(b) in every such licence insert a condition specifying the maximum quantity of explosives that may be carried in or on the vehicle.
187 Avoidance of fire and other risks
(1) When explosives are being carried in or on a vehicle they must be kept away from anything, whether in the vehicle or elsewhere, that would be liable to cause them to ignite or explode.(2) A person must not smoke in or on, or within 3 metres of, a vehicle in or on which dangerous goods of Class 1 are being carried and on which signs are required by this Division to be exhibited.(3) The person in charge of such a vehicle must take all practicable steps to ensure that subclause (2) is not contravened by any other person.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person, before loading explosives into or onto a vehicle for carriage, must ensure that the part of the vehicle in or on which the explosives are to be carried has been swept clean.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A vehicle on which signs are required by this Division to be exhibited must not be equipped with a power-driven pumping or metering unit unless:(a) the unit is of an approved type, and(b) the fitting of the unit to the vehicle has been approved.Contravention of this clause is an offence and is punishable in accordance with clause 340.
190 Carriage of explosives by rail
(1) In this clause, wagon includes a van, container or other rail vehicle.(2) Despite clause 172, a person may carry explosives by rail if he or she does so in conformity with this clause.(3) A person must not carry explosives by rail (other than in accordance with a provision of the Australian Explosives Code) unless:(a) the explosives are carried in wagons or portable magazines constructed and fitted to the satisfaction of the WorkCover Authority, and(b) the quantity of explosives carried in a portable magazine does not exceed 10 000 detonators or 50 kilograms of other explosives.(4) A person must not enter into a contract, agreement or arrangement with another person by which that other person agrees to carry explosives by rail otherwise than in accordance with this clause.Contravention of this clause is an offence and is punishable in accordance with clause 340.
191 Carriage of explosives by vessels (general)
(1) The WorkCover Authority must, in every licence for a transport container that is in or on, or forms part of, a vessel in or on which explosives are to be carried, insert a condition specifying the maximum quantity of explosives that may be carried in the container.(2) Explosives must not be carried in or on a vessel:(a) unless they are stowed in such a manner and in such positions as will, so far as is practicable, prevent them from coming into contact with, or being endangered by, any other articles or substances carried in or on the vessel that are liable to cause fire or explosion, or(b) by sea, unless they are stowed in such holds or places, or such receptacles, or both, as are approved, and in accordance with any conditions attached to the approval.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(3) The approval referred to in subclause (2) (b) is, if the quantity of explosives to be loaded or carried is:(a) greater than 5 kilograms—an approval given in the particular case, or(b) not greater than 5 kilograms—an approval given in the particular case or a general approval.