Division 5 Requirements for obtaining licences

30   General requirements for obtaining a licence under the Act

(1)  Before a licence is granted, the regulatory authority must be satisfied that:

(a)  the applicant, and if the applicant is a corporation, at least one person engaged in the management of the corporation:

(i)  is of or above the age of 18 years, and

(ii)  is a fit and proper person to hold the licence and is otherwise of good character, and

(iii)  has the qualifications, experience and knowledge necessary to hold the licence, and

(b)  in relation to a licence other than a fireworks (single use) licence—a report relating to the applicant under section 13 of the Act has been furnished to the regulatory authority, and

(c)  if the applicant has been required to submit a security plan, the plan is appropriate for the safe and secure handling of the explosives or explosive precursors concerned, and

(d)  in relation to a licence other than a blasting explosives learner’s licence or an unsupervised handling licence—the applicant has appropriate facilities, systems and procedures in place for the safe and secure handling of the explosives or explosive precursors concerned, and

(e)  the approved fee for the licence has been paid.

(2)  Without limiting any other reason that the regulatory authority may refuse to grant a licence to an applicant, the regulatory authority must refuse to grant a licence if a report relating to the applicant under section 13 of the Act contains a recommendation from the Commissioner of Police that the applicant should not be granted the licence on the basis of criminal or security intelligence or other information available to the Commissioner.

Note. Additional requirements for obtaining specific licences are set out in this Division.

31   Additional requirements for obtaining licence to transport by vehicle

(1)  Before a licence to transport by vehicle that relates to the transport of explosives or explosive precursors by a motor vehicle or motor vehicles is granted, the regulatory authority must be satisfied that each individual authorised by the licence to drive the motor vehicle or motor vehicles concerned:

(a)  is of or above the age of 21 years, and

(b)  has held the appropriate driver licence in relation to the type of vehicle or vehicles to be specified in the licence for at least 12 months, and

(c)  has at least 12 months experience driving vehicles of the type to be specified in the licence, and

(d)  has demonstrated an adequate knowledge of:

(i)  the nature and hazardous properties of explosives or explosive precursors of the type that is to be transported under the authority of the licence, and

(ii)  the precautions to be taken to ensure the prevention of accidents in the transport and associated handling of explosives and explosive precursors of that type, and

(iii)  the actions to be taken in the event of an emergency involving explosives or explosive precursors, and

(e)  has been examined by a medical practitioner and been found not to have any medical or physical condition that would impair the individual’s ability to perform the duties of a driver of a vehicle that transports explosives or explosive precursors.

(2)  For the purpose of determining whether it is satisfied as to the matters set out in subclause (1) (d) and (e), the regulatory authority may have regard to whether the applicant is the holder of a Dangerous Goods Bulk Transport Licence under the Road and Rail Transport (Dangerous Goods) Act 1997.

32   Additional requirements for obtaining blasting explosives user’s licence

Before a blasting explosives user’s licence is granted, the regulatory authority must be satisfied that the applicant is a natural person and the applicant:

(a)  has such qualifications, or has passed such examinations or practical tests, or both, as the regulatory authority determines to be necessary to enable the applicant to do the work for which the licence is required, and

(b)  has been examined by a medical practitioner and been found not to have any medical or physical condition that would impair the individual’s ability to perform the duties of a blasting explosives user.

33   Additional requirements for obtaining blasting explosives learner’s licence

Before a blasting explosives learner’s licence is granted, the regulatory authority must be satisfied that the applicant:

(a)  is a natural person, and

(b)  has been examined by a medical practitioner and been found not to have any medical or physical condition that would impair the individual’s ability to perform the duties of a blasting explosives user.

34   Additional requirements for obtaining pyrotechnician’s licence

(1)  Before a pyrotechnician’s licence is granted, the regulatory authority must be satisfied that the applicant:

(a)  is a natural person, and

(b)  has completed a training course or attained a level of competence in the safe use of display fireworks that is recognised by the regulatory authority for the purposes of obtaining the licence, and

(c)  has a legitimate reason for obtaining the licence.

(2)  A legitimate reason for obtaining a pyrotechnician’s licence includes obtaining the licence for the purposes of any of the following:

(a)  an organised public display (for example, a community event open to the public, whether or not for fee, organised by a community or private organisation, such as a show, fete, carnival, cultural, religious or sporting event),

(b)  a theatrical display (for example, a film or TV special effect, an indoor or outdoor theatrical event such as a concert or another performing arts event),

(c)  a technical non-display purpose (for example, an industrial or agricultural purpose, such as the purpose of a chimney testing device or a bird disturbing device).

35   Additional requirements for obtaining fireworks (single use) licence

(1)  Before a fireworks (single use) licence is granted, the regulatory authority must be satisfied that the applicant:

(a)  is a natural person, and

(b)  has a legitimate reason for obtaining the licence.

(2)  A legitimate reason for obtaining a fireworks (single use) licence includes obtaining the licence for the purposes of an organised public display (for example, a community event open to the public, whether or not for fee, organised by a community or private organisation, such as a show, fete, carnival, cultural, religious or sporting event).

36   Additional requirements for licences relating to security sensitive dangerous substances

(1)  Before any licence relating to the handling of security sensitive dangerous substances is granted, the regulatory authority must be satisfied that the applicant has a legitimate reason for obtaining the licence.

Note. This provision applies to all licences that authorise a person to handle security sensitive dangerous substances, not merely the licence to use security sensitive dangerous substances as referred to in clause 16 (k).

(2)  A legitimate reason for obtaining a licence that authorises a person to handle security sensitive dangerous substances includes obtaining the licence for the purpose of:

(a)  use in commercial production processes, mining, quarrying. agricultural blasting, construction, civil engineering, seismic work or tunnelling, or

(b)  the commercial manufacture of fertiliser or explosives, or

(c)  education, research or analysis, or

(d)  commercial agricultural use by primary producers, or

(e)  transporting or supplying security sensitive dangerous substances for any purpose listed above,

      but does not include obtaining the licence for the purpose of:

(f)  household domestic use, or

(g)  use as a fertiliser on outdoor recreation facilities (such as parks, golf courses, sports fields and the like).

37   Additional requirements for obtaining unsupervised handling licence

Before an unsupervised handling licence is granted, the regulatory authority must be satisfied that the applicant is a natural person.