Division 2 Provisions relating to transport of explosives

82   Compliance with the Australian Explosives Code

(1)  A person who transports explosives must comply with any applicable provisions of the Australian Explosives Code and this Regulation.

(2)  A person must not enter into a contract, agreement or arrangement with another person by which that other person agrees to transport explosives otherwise than in accordance with this clause.

Maximum penalty: 250 penalty units.

83   Compliance with duties in Australian Explosives Code

(1)  If the Australian Explosives Code imposes a duty or responsibility but does not indicate clearly the person, or class of people, on whom that duty or responsibility falls or lies, the duty or responsibility must be observed or discharged (as the case requires) by the person undertaking the relevant activity.

(2)  If, under the Australian Explosives Code, a duty or some other form of responsibility, is placed on more than one person or class of people, the duty or obligation must be observed or discharged (as the case requires) by each person or each person in that class only in relation to those matters in respect of which the person has management or control and whether or not any other person is also responsible for undertaking the duty.

(3)  A licensee under the Act, and any person who manages or supervises the transport of explosives, must ensure that any person employed, engaged or otherwise involved in the transport of explosives who is employed or engaged by the licensee or the person managing or supervising that transport:

(a)  is appropriately trained in the relevant requirements of the Australian Explosives Code, and

(b)  as far as is practicable, complies with the applicable requirements of the Australian Explosives Code.

Maximum penalty: 250 penalty units.

84   Avoidance of fire and other risks

(1)  A person transporting explosives by vehicle must ensure that, while the explosives are being carried in or on the vehicle, they are kept away from anything, whether in or on 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 6 metres of, a vehicle in or on which explosives are being carried and on which signs that are required by the Australian Explosives Code to be exhibited are displayed.

(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.

Maximum penalty: 250 penalty units.

85   Stationary vehicles deemed to be transporting explosives

For the purposes of this Regulation, a stationary vehicle (whether a motor vehicle or a unit of rail rolling stock) that holds, contains or is otherwise loaded with explosives is taken to be transporting explosives and is subject to the applicable requirements of the Australian Explosives Code unless otherwise provided by that Code.

86   Prohibition on transport of explosives by vehicles in certain areas

(1)  A person must not transport an explosive in or on a motor vehicle in a quantity greater than the maximum load limit for the explosive as set out in the Australian Explosives Code in or on any of the following areas, roads or districts:

(a)  the area of the State west of the eastern boundary of the Newell Highway,

(b)  the roads on a more or less direct route from the Newell Highway to the following:

(i)  the Port of Yamba via Jackadgery,

(ii)  the Port of Newcastle,

(iii)  the Hunter Valley via Merriwa,

(iv)  the Woodlawn Mining District via Hay,

(c)  the roads on a more or less direct route from the Newell Highway to the following Commonwealth of Australia defence facilities:

(i)  the Singleton Military Area,

(ii)  Myambat (being the Defence Establishment facility) via Muswellbrook,

(iii)  Wallangarra (being the Australian Defence Force Explosive Ordinance Depot Jennings) via Glen Innes and Tenterfield,

(iv)  Orchard Hills (being the Defence Establishment facility),

(v)  Williamstown (being a RAAF base),

(vi)  Nowra (being HMAS Albatross),

(vii)  Eden (being the Australian Defence Force Explosive Ordinance Depot Twofold Bay).

(2)  A person must not transport more than 10 tonnes of explosives of Class 1.1 or Class 1.2 in or on a vehicle in the area of the State east of the eastern boundary of the Newell Highway, except:

(a)  on the roads referred to in subclause (1) (b) and (c), or

(b)  with the approval of the regulatory authority.

(3)  A person must not transport explosives 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 except with the approval of the regulatory authority:

(a)  the Central Business Districts of Sydney, North Sydney, Penrith, Newcastle and Wollongong,

(b)  the Sydney Harbour Bridge, the Anzac Bridge and the Gladesville Bridge,

(c)  any road tunnels in the Greater Sydney Metropolitan Area.

(4)  The regulatory authority may not grant approval to transport more than 6 tonnes of explosives of Class 1.1 or 1.2 in or on a vehicle in the districts, on the bridges or in the road tunnels referred to in subclause (3).

(5)  A person carrying explosives of Class 1.1, 1.2 or 1.5 in or on a vehicle must bypass the Central Business Districts of Sydney, North Sydney, Penrith, 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.

(6)  In this clause:

Central Business District, in relation to Sydney, North Sydney, Penrith, Newcastle and Wollongong, means the areas defined by the boundaries of postcodes 2000, 2060, 2750, 2300 and 2500, respectively.

Greater Sydney Metropolitan Area means the area constituted by the local government areas of Ashfield, Auburn, Bankstown City, Baulkham Hills, Blacktown City, Botany Bay City, Burwood, Camden, Campbelltown City, Canada Bay, Canterbury City, Fairfield City, Hawkesbury City, Holroyd City, Hornsby, Hunter’s Hill, Hurstville City, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool City, Manly, Marrickville, Mosman, North Sydney, Parramatta City, Penrith City, Pittwater, Randwick City, Rockdale City, Ryde City, Strathfield, Sutherland Shire, City of Sydney, Warringah, Waverley, Willoughby City and Woollahra.

Maximum penalty: 250 penalty units.

87   Carriage of explosives on public passenger vehicles

(1)  A person must not:

(a)  carry explosives, or cause explosives to be carried, in or on a public passenger vehicle, or

(b)  place explosives, or take explosives with him or her, in or on a public passenger vehicle.

Maximum penalty: 250 penalty units.

(2)  This clause does not apply to the following:

(a)  toy fireworks,

(b)  police officers acting in the course of their functions,

(c)  a member of staff of a rail authority (within the meaning of the Transport Administration Act 1988), in relation to railway track signals.

(3)  In this clause, public passenger vehicle means a vehicle or vessel that transports or may transport persons and is available for use by the public.

88   Requirements for explosives held in rail yards or sidings

If any units of rail rolling stock containing explosives are held at a rail yard or siding, the person controlling the rail yard or siding must comply with the following requirements:

(a)  the maximum amount of explosive of any hazard division (except hazard division 1.4) per unit must not exceed 40,000 kg NEQ,

(b)  explosives must not be kept in the rail yard or siding:

(i)  for longer than 2 consecutive days, or

(ii)  for longer than 4 days if a weekend or public holiday occurs between 2 consecutive working days.

Maximum penalty: 250 penalty units.

89   Separation distances in Australian Explosives Code applicable to explosives held in rail yards or sidings

If a rail vehicle containing explosives is held at a rail yard or siding, the person controlling the rail yard or siding must ensure that the vehicle is separated from any other vehicles containing explosives and placarded loads of other dangerous goods by the relevant distances specified for the separation of rail vehicles in the Australian Explosives Code.