|
Dangerous Goods (General) Regulation 1999 [1999-453]  Status Information Currency of version Provisions in force Does not include amendments by: Note: Authorisation:
This version of the legislation is compiled and maintained in
a database of legislation by the Parliamentary Counsel's Office
and published on the NSW legislation website, and is certified
as the form of that legislation that is correct under section
45C of the Interpretation Act 1987. Contents Part 1 Preliminary 1 Name of Regulation 2 Commencement 3 Regulation not to apply to transport of dangerous goods covered by other scheme 4 Definitions Part 2 Licences and permits (general provisions) Division 1 Licences 5 (Repealed) 6 Applications 7 Notification of transfer of control of licensed transport container or premises 8 Licence fees Division 2 Permits 9 Definition 10 Applications Division 3 Miscellaneous 11 Changes of particulars of licences or permits 12 Substitute licences and permits Part 3 Dangerous goods (general) 13 Prescription of dangerous goods 14 Classification of dangerous goods 15 Fees for examination and testing of dangerous goods and equipment 16 Instructions in handling of dangerous goods 17 Precautions to be observed in relation to premises 18 Consignment and delivery records 19 Dangerous occurrences 20 General requirements in relation to dangerous goods 21 Dangerous goods to be kept dry 22 Equipment for use with dangerous goods 23 Supply of liquid and gaseous dangerous goods 24 Records 25 Interference with signs and labels 26 Exemptions 27 Approvals 28 Maintenance of buildings and things 29 Requirements for fire extinguishers 30 Requirements for self-contained breathing apparatus 31 Determination of flashpoint Part 4 Explosives (general) Division 1 Prescribed, excluded and authorised explosives 32 Dangerous goods prescribed as explosives 33 Certain provisions of the Act do not apply to certain explosives 34 Regulation not to apply to certain explosives 35 Authorised explosives Division 2 Safety provisions (general) 36 Prohibited explosives (ammunition) 37 Electric detonators 38 Prohibited explosives (fireworks) 39 Prohibited explosives (marine distress flares and signals) 40 Prohibited explosives (model rocket propellant devices) 41 Certain explosives not to be manufactured (except for immediate use), kept or conveyed 42 Responsibility of persons possessing explosives 43 Use of explosives in certain work 44 Destruction or other disposal of explosives 45 Entry to licensed premises 46 Prohibition on retail sale of distress signals and on use of distress signals for other purposes 47 Instructions to be attached to fireworks packages 48 Consignment of explosives 49 Notification of arrival of explosives by vessel or aircraft 50 Export of explosives by vessel Division 3 Authorities to receive, use or sell explosives (general) 51 Certain persons authorised to receive explosives 52 Shotfirers’ permits 53 Collectors’ permits 54 Single occasion fireworks permit 54A Pyrotechnicians permit 54B Unauthorised use of fireworks 55 Firework wholesalers’ permits 56 Restriction on the sale of display fireworks 57 Certain persons authorised to receive explosives in the course of certain work 58 Production of evidence of authority to receive explosives Division 4 Issue by police of permits to receive explosives 59 Definitions 60 Applications 61 Issue of permits 62 Duration of permit 63 Substitute permit 64 Authority conferred by permit 65 Conditions of permit 66 Permits to be retained 67 Cancellation of permits Division 5 Use of particular explosives 68 Definitions 69 Persons working with explosives to hold explosives user’s permit 70 Issue of explosives users’ permits 71 Refusal to issue a permit in certain cases 72 Learners’ permits 73 Suspension or cancellation of permits 74 Certificates and permits under the Construction Safety Act 1912 and regulations Division 6 Records 75 Records to be kept by licensee for keeping or manufacture of explosives 76 Records to be kept by licensee of vehicle or vessel 77 Records to be kept by licensee for importation or sale of explosives Part 5 Keeping of dangerous goods Division 1 General 78 Definition 79 Application of this Part 80 Obligations of licensees and occupiers 81 Occupation of, and keeping of goods in or on, licensed premises 82 Dangerous goods not to be kept except in licensed depots 83 Only certain goods to be kept in licensed depots 84 Depots to comply with this Part 85 Location of depots (general) 86 Location of depots (distance from certain places and works) 87 Prevention of escape of liquid, gaseous or molten dangerous goods 88 Employment of persons to watch over depots 89 Handling of dangerous goods 90 Young persons 91 Intoxicated persons 92 Depots to be kept clean 93 Fire hazards (general) 94 Fire hazards (vehicles and other appliances) 95 Electrical apparatus and wiring 96 Sprinklers, fire hose reels and hydrants 97 Requirements for fire-fighting equipment 98 Fire extinguishers to be provided at certain depots 99 Notices and labels to be exhibited at depots 100 Dangerous goods to be removed from premises on termination of licence 101 Vents in ventilating systems Division 2 Keeping of explosives 102 Certain explosives that may be kept in or on unlicensed premises 103 Conditions subject to which certain explosives may be kept 104 Keeping and handling of explosives generally 105 Conditions under which distress signals and display fireworks may be kept for sale 106 Conditions under which certain safety cartridges may be kept for sale 107 Magazines (separation distances) 108 Construction of external magazines 109 Exhibition of notices in magazines 110 Keeping of explosives of different compatibility groups 111 Magazine keeper 112 Certain articles to be provided 113 Prevention of introduction of hazardous articles into magazines 114 Magazines to be kept locked 115 Packagings of gunpowder or other powder 116 Thunderstorms 117 Restrictions on use of internal magazines 118 Internal magazines for blasting explosives and certain other explosives 119 Keeping of certain propellant powder and fireworks Division 3 Keeping of dangerous goods of Class 2 120 Definitions 121 Certain gases that may be kept in or on unlicensed premises 122 Depots (general) 123 Depots (tanks) 124 Depots (buildings) 125 Depots (areas) 126 Method of storage of certain articles 127 Fire protection 128 Tanks or cylinders having common connections 129 Depots (tanks) for flammable gases (separation distances) 130 Deliveries to depots for unodorized liquefied petroleum gas 131 Charging of aerosols and disposable containers with liquefied flammable gas 132 Tanks, cylinders or other containers for cryogenic liquids 133 Depots for toxic gases (general) 134 Depots (tanks) for toxic gases (separation distances) Division 4 Keeping of dangerous goods of Class 3 and combustible liquids 135 Definition 136 Goods that may be kept in or on unlicensed premises 137 Keeping of other dangerous goods 138 Self-service fuel dispensing units 139 Location of tanks 140 Drainage areas 141 Fire protection for certain above-ground tanks 142 Keeping of carbon disulfide 143 Abandonment of disused underground tanks 144 Floating pans in tanks Division 5 Keeping of dangerous goods of Class 4 145 Goods that may be kept in or on unlicensed premises 146 Dangerous goods of Class 4.1 (being substances that are UN No 2557 ) 147 Dangerous goods of Class 4.1 Packing Group I and nitrocellulose 148 Dangerous goods of Class 4.1 Packing Group II (other than nitrocellulose) 149 Dangerous goods of Class 4.1 Packing Group III 150 Dangerous goods of Class 4.2 Packing Group I 151 Dangerous goods of Class 4.2 Packing Group II 152 Dangerous goods of Class 4.2 Packing Group III 153 Dangerous goods of Class 4.3 Packing Group I (not being substances that are UN No 1411 ) 154 Dangerous goods of Class 4.3 Packing Group II 155 Dangerous goods of Class 4.3 Packing Group III 156 Dangerous goods of Class 4.3 (being substances that are UN No 1411 ) Division 6 Keeping of dangerous goods of Class 5 157 Goods that may be kept in or on unlicensed premises 158 Dangerous goods of Class 5.1 159 Additional requirements for dangerous goods of Class 5.1 Packing Group I, not being ammonium chlorate 160 Additional requirements for ammonium chlorate 161 Additional requirements for dangerous goods of Class 5.1 Packing Groups II and III 162 Dangerous goods of Class 5.2 Division 7 Keeping of dangerous goods of Class 6 163 Goods that may be kept in or on unlicensed premises 164 Goods required to be kept in or on licensed premises Division 8 Keeping of dangerous goods of Class 8 165 Goods that may be kept in or on unlicensed premises 166 Goods required to be kept in or on licensed premises Division 9 Keeping of dangerous goods of Class 9 167 Goods that may be kept in or on unlicensed premises—prescribed quantity 168 Manner of keeping goods Part 6 Conveyance of dangerous goods Division 1 General 169 Application of this Part 170 General obligation to observe this Part 171 Safety precautions (general) 172 Carriage of dangerous goods on public passenger vehicles 173 Transport of dangerous goods by road vehicles otherwise than on roads 174 Ullage in tanks 175 Requirements for tank vehicles 176 Compartments to be kept closed 177 Identification of piping or pipelines 178 Pumping of dangerous goods Division 2 Conveyance of explosives 179 Definition 180 Compliance with the Australian Explosives Code 181 Certain explosives not to be carried except in or on licensed vehicles or vessels 182 Inspection of licensed transport containers 183 Unlicensed containers not to be used for the carriage of explosives 184 Prohibition on carriage of explosives by vehicles in certain areas 185 Conveyance of liquid oxygen explosives on public roads prohibited 186 Licences for vehicles 187 Avoidance of fire and other risks 188 Loading explosives 189 Pumping or metering units 190 Carriage of explosives by rail 191 Carriage of explosives by vessels (general) Division 3 Conveyance of other dangerous goods 192 Gas pipelines 193 Use of plastics or rubber piping or pipelines 194 Restrictions on taking of tanks and vehicles into buildings 195 Pumping from vehicles to above-ground tanks 196 Filling and emptying of tanks on vehicles 197 Open hatch filling stations 198 Pipelines for the conveyance of dangerous goods of Class 3 199 Conveyance of ammonium nitrate, ammonium perchlorate or ammonium nitrate fertilisers (dangerous goods of Class 5) Part 7 Marking and placarding of dangerous goods 200 Packagings to be marked and placarded as prescribed 201 Marking of packages containing Class 1 goods 202 Marking of packaging and wrappings 203 Labelling or placarding of freight containers, IBC’s and packagings 204 Markings on freight containers containing Class 1 goods 205 Requirements to be cumulative 206 Certain markings and writings prohibited Part 8 Packaging of, and containers for, dangerous goods 207 Packagings and intermediate bulk containers to conform to requirements 208 Packaging and intermediate bulk container requirements 209 Special packaging requirements 210 Approvals 211 Marking of packagings or intermediate bulk containers Part 9 Manufacture of explosives 212 Definitions 213 Application of this Part 214 Obligation to observe this Part 215 Buildings and installations to comply with this Part 216 Matters to be included in licence 217 Matters to be exhibited on process buildings and magazines 218 Location of process buildings 219 Repairs to buildings 220 Lightning conductors 221 Thunderstorms 222 Heating of process buildings 223 Removal of explosives and materials from process buildings 224 Removal of foreign matter from ingredients 225 Tools and implements 226 Vehicles and other transport 227 Fire hazards (general) 228 Young persons 229 Manufacture of explosives from ammonium nitrate and fuel oil 230 Manufacture of liquid oxygen explosives 231 Blending of explosives on site 232 Filling of safety cartridges Part 10 Special requirements for certain goods Division 1 Dangerous goods of Class 2 233 Filling of cylinders (general) 234 Compressed natural gas refuelling stations 235 Acetylene 236 Reticulation systems for oxygen or acetylene 237 Keeping and handling of gas cylinders 238 Positioning of liquefied gas cylinders 239 Gas equipment in vehicles 240 Filling containers with gas 241 Gas operated portable and mobile appliances 242 Use of liquefied flammable gas in motor vehicle air-conditioning systems 243 Anhydrous ammonia 244 Chlorine 245 Liquefied natural gas 246 Unodorized liquefied petroleum gas 247 Work on LP Gas transport containers 248 Cylinders and tanks (general) 249 Valves 250 Filling of balloons and other containers Division 2 Dangerous goods of Class 3 251 Compliance with Code 252 Pump equipment 253 Colouring of lighting or home kerosene 254 Use of certain goods in hairdressing 255 Oil fueled heating systems in high rise buildings Division 3 Dangerous goods of Class 4 256 Manufacture, repair or use of nitrocellulose products 257 Prohibited goods (safety matches and containers) Part 11 Special requirements relating to ports Division 1 Preliminary 258 Definitions 259 Handling categories 260 Application of Part Division 2 General requirements in ports 261 Application of Australian Standard to the handling and transport of dangerous goods in port areas 262 Stowing of dangerous goods 263 Entry of vessels into ports 264 Handling of goods 265 Spillage or damaged containers 266 Provision of fire-fighting equipment 267 Warning flags or lights 268 Warning notices 269 Inspection of vessels 270 Person in charge of handling dangerous goods 271 Provision of staff 272 Burning of materials 273 Cleaning of certain tanks, holds or spaces 274 Certificate of tests for tanks, holds and spaces 275 Precautions against injurious fumes and explosions 276 Repair work on tanks, holds or spaces that have contained dangerous goods Division 3 Dangerous goods in packagings 277 Application of Division 278 Storage of dangerous goods on a wharf 279 Removal of dangerous goods from a wharf 280 Direction to remove dangerous goods from a wharf 281 Precautions against fire 282 Access to vessels conveying flammable goods 283 Ventilation of holds containing flammable goods 284 Stowage of flammable goods 285 Spillage of flammable liquid in hold 286 Flammable goods on wooden vessels 287 Oxidising substances and explosives 288 Ammonium nitrate and ammonium nitrate fertilisers 289 Toxic materials 290 Separation distances Division 4 Dangerous goods in freight containers 291 Application of Division 292 Gas receptacles and portable tanks 293 Limit on quantities in operational areas 294 Freight containers at ordinary berths 295 Fire protection at container terminals and container depots 296 Dangerous goods of Handling Category A 297 Certain freight containers in container terminals 298 Keeping of certain dangerous goods at container depots Division 5 Dangerous goods in bulk 299 Application of Division 300 Handling of dangerous goods in fluid form in bulk 301 Fixed tanks 302 Leakage from tanks 303 Person entering a wharf 304 Person boarding a vessel 305 Barricades to be erected 306 Use of pipelines at night 307 Pumping of dangerous goods 308 Berthing of certain tankers 309 Berthing of vessels conveying flammable liquid or flammable gas 310 Matches and other articles to be collected 311 Smoking near pipeline containing flammable liquid or flammable gas 312 Use of certain equipment near tanks, pipeline connections and hoses containing flammable liquid or flammable gas 313 Boiler fires 314 Controlling of tankers 315 Mooring of vessels 316 Flammable liquids in tanks 317 Scuppers to be plugged 318 Pumping of dangerous goods of Class 3 319 Flexible hoses 320 Electrical bonding of pipelines 321 Cleaning of pipelines 322 Loading of flammable liquid 323 Conveyance of flammable gases 324 Supervision of flammable gas pipelines 325 Operation of flammable gas pipelines 326 Pumping of liquefied flammable gas 327 Vessel conveying flammable gas to leave port without undue delay 328 Handling of toxic or corrosive dangerous goods in bulk 329 Handling of anhydrous ammonia in bulk Division 6 Pipelines and flexible hoses used for the handling of dangerous goods 330 Application of Division 331 Compliance with Division 332 Installation of new pipelines 333 Anhydrous ammonia pipelines 334 Liquefied flammable gas pipelines 335 Pipelines used to handle dangerous goods of Class 3 Part 12 Miscellaneous 336 Inspector’s receipt 337 Application to court by Minister 338 Notice of Minister’s intention 339 Certificate: prescribed officer 340 Penalty 341 Repeal 342 Penalty notice offences and penalties 343 Authorised officers 344 (Repealed) Schedule 1 Forms Schedule 2 Handling categories of dangerous goods Schedule 3 Maximum quantities of dangerous goods permitted on board a vessel berthed at an ordinary wharf Schedule 4 Penalty notices Dictionary Historical notes
This Regulation is the Dangerous Goods (General) Regulation 1999. This Regulation commences on 1 September 1999. 3 Regulation not to apply to transport of dangerous goods covered by other scheme This Regulation does not apply to:(a) the transport of dangerous goods by road or rail, or(b) any associated activity or matter,to the extent to which it is regulated by the Road and Rail Transport (Dangerous Goods) Act 1997 or any regulations under that Act. (1) Expressions used in this Regulation that are defined in the Dictionary at the end of this Regulation have the meanings set out in the Dictionary.(2) A reference in this Regulation to the abbreviation “AS” followed by a group of numerals or letters, or numerals and letters, is a reference to the Australian Standard, indicated by that group, recommended or adopted by Standards Australia.(3) To the extent of any inconsistency between a specific requirement in an Australian Standard applied or adopted by this Regulation (Part 11 excepted) and a general requirement in this Regulation, the specific requirement prevails.(4) A reference in this Regulation to a publication is a reference to the publication as in force from time to time.(5) A reference in this Regulation:(a) to a licence or permit is a reference to a licence or permit, respectively, that is in force, and(b) to a distance is a reference to that distance measured in a straight line in a horizontal plane, and(c) to a licence for a licensed depot is a reference to the licence for the premises in or on which the depot is situated, and(d) to the kind or quantity of dangerous goods that a depot is licensed to contain is a reference to the kind and maximum quantity, respectively, of dangerous goods that may lawfully be kept in the depot (including any annexe to it), and(e) to the licensed capacity of a transport container vehicle or vessel is a reference to the maximum quantity of dangerous goods that may lawfully be carried in or on the transport container vehicle or vessel, as specified in the licence for the transport container, and(f) to a depot for cryogenic liquid includes a reference to all pressure regulators, safety devices, vaporisers, manifolds, pipelines or other equipment provided in connection with the depot, but does not include a reference to any equipment for the conveyance or other handling of the goods kept in the depot beyond the point at which they enter a pipeline at service pressure.(6) For the purposes of this Regulation:(a) a substance or article is away from another substance or article if:(i) the substances or articles are so situated in relation to each other that, in such circumstances as can reasonably be foreseen, neither can come into contact with the other, and(ii) there is between them a distance of at least 5 metres or a liquid-tight wall being, or that with respect to security is equivalent to, a brick wall at least as high as the higher of the substances or articles, and(b) a substance or article is separated from another substance or article if the substances or articles are sufficiently distant one from the other that they will not react chemically with each other, and are, in any case, at least one metre apart, and(c) dangerous or other goods are incompatible with dangerous goods if, when the goods are mixed or otherwise brought into contact with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction, and(d) a substance or article is in immediate use if it is:(i) in actual use in a process of manufacture, mixing, blending, degreasing, cleaning, painting or testing, or(ii) being placed in vats, mixers or other containers in the course of any such process, or(iii) being conveyed within a depot or a factory area, or(iv) not kept in or on any premises for more than 12 hours,and a substance or article, other than an explosive, is manufactured for immediate use if it is manufactured with the intention that, immediately after it is manufactured, it will be in immediate use, and(e) an explosive is manufactured for immediate use if, after its manufacture, it is:(i) kept in or on the premises where it was manufactured for less than 12 hours before it is placed in its position of final use, and(ii) used, as soon as practicable, after being placed in its position of final use, and(f) explosive devices explode en masse if the explosion of one such device in a package of such devices would cause the other devices in the package to explode simultaneously or almost simultaneously, and(g) a substance or article belongs to the same compatibility group as another substance or article if the substances or articles are contained in the same compatibility group as referred to in Column 3 of Table 9.1 to the Australian Explosives Code.(7) If a provision of this Regulation applies or adopts a provision of the ADG Code or the Australian Explosives Code, any requirement made in the provision of the ADG Code or the Australian Explosives Code is taken to be made in the provision of this Regulation.(8) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation. Part 2 Licences and permits (general provisions) (1) An application for a licence, for the renewal or transfer of a licence or for the alteration of the particulars set out in a licence must:(a) be made in a manner approved by the WorkCover Authority, and(b) be accompanied by any drawings, specifications, calculations and other documents required by the Authority.(2) The WorkCover Authority may require an applicant to furnish any other drawings, specifications, calculations or documents additional to those accompanying the application. 7 Notification of transfer of control of licensed transport container or premises (1) If the control of a licensed transport container or licensed premises is transferred (by way of sale or lease or otherwise), the person who held the licence concerned immediately before the transfer must, within 7 days after the transfer, notify the WorkCover Authority.(2) The notification must be in writing and must specify the date on which the transfer was effected and the name and address of the transferee.(3) The address of a transferee is, in the case of a corporation, the address of its registered office or its principal place of business. (1) The WorkCover Authority may, by order published in the Gazette, determine the fee payable in respect of the issue or renewal of licences.(2) The Interpretation Act 1987 applies to an order under this clause as if the order were a statutory rule within the meaning of that Act. Accordingly, the order is subject to disallowance by either House of Parliament.(3) An application for the issue or renewal of a licence must be accompanied by the fee (if any) determined for the time being by the WorkCover Authority under this clause. In this Division, permit does not include a permit under Division 4 of Part 4 (Issue by police of permits to receive explosives). An application for a permit or for the alteration of the particulars set out in a permit must be made in a manner approved by the WorkCover Authority. 11 Changes of particulars of licences or permits If there is any change in the particulars set out in the application for the issue or transfer (or, if there has been more than one transfer, the last transfer) of a licence or permit, the holder:(a) must as soon as practicable notify the WorkCover Authority, in writing, of the change, and(b) must apply to the Authority for an appropriate amendment of the licence or permit if, as a result of the change, any of the particulars set out in it are no longer appropriate. 12 Substitute licences and permits (1) The WorkCover Authority may, on being satisfied that a licence or permit has been lost, stolen, destroyed or defaced, issue a substitute to the holder.(2) The substitute licence or permit is to be in same terms as, and has the same force and effect as, the one it replaces. Part 3 Dangerous goods (general) 13 Prescription of dangerous goods The following substances and articles are prescribed as dangerous goods for the purposes of the Act:(a) dangerous goods of Class 1,(b) the substances and articles that are dangerous goods within the meaning of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations,(c) combustible liquids,(d) any mixture containing a chlorate in admixture with an ammonium salt,(e) any mixture of hydrogen and oxygen in the concentration range of 2 per cent to 97 per cent inclusive, volume to volume, of hydrogen in oxygen,(f) any flammable mixture of hydrogen, oxygen and any other gas or gases,(g) goods that are too dangerous to be transported, that is:(i) goods mentioned in Appendix 5 to the ADG Code, or(ii) goods determined under regulation 1.18 (g) of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations to be too dangerous to be transported,(h) liquid oxygen explosives. 14 Classification of dangerous goods (1) In this Regulation:(a) a reference to a class (designated by a number, a number followed by an upper-case letter or an upper-case letter followed by a number) of dangerous goods is:(i) if the class is Class 1—a reference to the class of goods so designated in Column 3 of Table 9.1 to the Australian Explosives Code, and(ii) if the class is Class C1 or Class C2—a reference to combustible liquids of Class C1 or Class C2, respectively, as set out in AS 1940 (The storage and handling of flammable and combustible liquids), and(iii) in any other case—a reference to the class of goods so designated in the list in Appendix 2 to the ADG Code, and(b) a reference to a Packing Group, designated by a numeral, of dangerous goods is a reference to the group of dangerous goods assigned to that group under regulation 2.5 of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations, and(c) a reference to dangerous goods of a subsidiary risk, designated by a numeral, is a reference to the dangerous goods assigned that number under regulation 2.4 of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations, and(d) a reference in any provision to a substance or article by means of the designation “UN Number” or “UN No” followed by a group of numerals is a reference to the substance or article designated by that group of numerals in the UN Recommendations.(2) For the purposes of this Regulation, ammonium nitrate, liquid (hot concentrated solution) (UN No 2426), being dangerous goods of Class 5.1, is to be taken to be dangerous goods of Class 5.1 Packing Group II. 15 Fees for examination and testing of dangerous goods and equipment (1) The following fees are payable to the WorkCover Authority for the examination and testing of dangerous goods and equipment used or intended for use in connection with dangerous goods:(a) for the examination and testing of an explosive at the request of its owner, importer or consignee, except if the examination or testing is with a view to the declaration of the explosive as an authorised explosive under section 16 (1) of the Act:(i) if physical examination or a heat test is to be performed—$3, or(ii) if chemical analysis is to be performed—$45,(b) for a test of fixed foam protection on a tank for dangerous goods of Class 3, being a test to prove initial compliance with this Regulation—$45.(2) No further fee is payable by a person for an examination or test referred to in subclause (1) (a) if the person has already paid fees totalling $3,000 for such examinations and tests during that financial year.(3) A fee is not payable if payment has been waived by the Minister. 16 Instructions in handling of dangerous goods (1) This clause applies to the following persons:(a) the holders of licences issued under section 8, 10 or 19 of the Act in respect of premises in or on which dangerous goods are kept or transport containers in which they are carried,(b) the occupiers of premises in or on which dangerous goods are kept,(c) the owners of transport containers used for the carriage of dangerous goods of Class 1,(d) the employers of persons engaged in the keeping or conveyance of dangerous goods.(2) A person to whom this clause applies must take all practicable steps to ensure that every person subject to his or her direction and control and engaged in the handling of the dangerous goods is:(a) adequately instructed as to the hazards involved in the handling of those goods and precautions to be observed in relation to those goods, and(b) competent to operate all safety equipment, including vehicles, pumps, fire protection equipment and breathing apparatus, provided under this Regulation in connection with the keeping, conveyance or handling of those goods. 17 Precautions to be observed in relation to premises (1) This clause applies to the following persons:(a) the holders of licences issued under section 8 or 19 of the Act in respect of premises,(b) the occupiers of premises in or on which dangerous goods are kept or explosives are manufactured,(c) the employers of persons in or on premises referred to in paragraph (a) or (b),(d) the persons employed in or on such premises.(2) A person to whom this clause applies must:(a) take all practicable precautions to prevent the occurrence on the premises of accidents through fire, explosion, leakage of dangerous goods or other causes, and(b) take all practicable precautions to prevent persons from entering, except with the permission of the holder of the licence or the occupier of the premises, the premises and any depot or building in or on the premises, and from having access, except with that permission, to any dangerous goods in or on the premises, and(c) not do any act in or on the premises that may cause fire, explosion or any other dangerous occurrence, or that is not reasonably necessary for purposes of, or properly incidental to, the keeping or manufacture of dangerous goods, and(d) if dangerous goods are escaping or have escaped from a package or bulk container in or on the premises, immediately take all practicable steps to contain, clean up and dispose of the goods and otherwise make the area safe. 18 Consignment and delivery records (1) The holder of a licence issued under section 8 of the Act for the keeping of dangerous goods, other than explosives, in or on premises must make and keep, in a book or in some other suitable form, a record of:(a) the name of every person to whom, and(b) the address to which, and(c) the date on which,any dangerous goods are consigned or delivered from those premises, together with the description and quantity of the goods.(2) Subclause (1) does not apply to:(a) the consignment or delivery of dangerous goods of any class in a quantity less than the quantity prescribed under section 9 (1) of the Act in relation to goods of that class, or(b) the delivery of goods into the fuel tank of a vehicle or vessel.(3) The licensee must keep a record made under subclause (1) readily available at the premises for 2 years after the date on which it is made. (1) In this clause, dangerous occurrence means:(a) an explosion or fire, or(b) an occurrence resulting in the death of or serious injury to a person or in substantial damage to property, or(c) any other occurrence involving imminent risk of an explosion or fire or of any such death, injury or damage.(2) If there is a dangerous occurrence:(a) in or on licensed premises, or(b) in, on or in connection with a licensed transport container, or(c) in the course of the keeping, conveyance or use of any display fireworks received under the authority of a single occasion fireworks permit or pyrotechnicians permit,the holder of the licence or permit must immediately send or cause to be sent to the WorkCover Authority a notice in writing giving full particulars of the occurrence including, if it has resulted in the death of or serious injury to a person or substantial damage to property, particulars of that death, injury or damage.(3) If there is a dangerous occurrence in or on licensed premises or in, on or in connection with a licensed transport container:(a) the premises or transport container must not be used for the keeping, manufacture or carriage of dangerous goods, and(b) any building, structure or other installation in or on the premises and any transport container must not, if it has been substantially damaged as a result of the occurrence, be reconstructed or repaired,except with the permission of the WorkCover Authority.(4) If, in relation to licensed premises or a licensed transport container, there is a contravention of subclause (3) the holder of the licence is guilty of a breach of this Regulation.(5) Subclause (2) does not apply to a dangerous occurrence that has been notified under the Occupational Health and Safety (Notification of Accidents) Regulation 1990. 20 General requirements in relation to dangerous goods A person must not:(a) manufacture dangerous goods that are unsafe for conveyance, keeping or use, or(b) import into the State, sell, convey or keep dangerous goods that are not in good order and condition or are unsafe for conveyance, keeping or use. 21 Dangerous goods to be kept dry (1) A person having the custody of dangerous goods must take all practicable precautions to prevent water from coming into contact with them. 22 Equipment for use with dangerous goods A person must not sell or supply equipment for use with dangerous goods unless:(a) it is suitable and safe for use with them, and(b) if this Regulation prescribes requirements in relation to such equipment when so used, the equipment conforms to those requirements. 23 Supply of liquid and gaseous dangerous goods (1) A licensee under section 8 of the Act of premises in or on which there is a fuel dispensing unit for the delivery of dangerous goods of Class 2.1 or 3 must:(a) not deliver or permit a person to receive delivery of any such goods, by means of the unit, into the fuel tank of a vehicle or vessel unless the engine of the vehicle or vessel is stopped, and(b) take all practicable steps to ensure that, while any such goods are being delivered into the fuel tank of a vehicle or vessel by means of the unit, no person lights matches, uses any other source of ignition or smokes within 3 metres of the vehicle or vessel, and(c) at all times prominently display on or near every unit from which any such goods are so delivered a sign bearing the words “STOP ENGINE—NO SMOKING” in letters at least 50 millimetres high conforming to Type B of AS 1744 (Forms of letters and numerals for road signs) in such a position that the sign will be clearly legible by persons who are at the unit for the purpose of obtaining any such goods, and(d) take all practicable steps to ensure that the unit cannot be operated by:(i) a person without the authority of the licensee, or(ii) a person under 15 years of age.(2) A person must not introduce dangerous goods of Class 2.1 or 3 into a vehicle or vessel by use of a fuel dispensing unit unless:(a) the engine of the vehicle or vessel is stopped, and(b) no person is smoking within 3 metres of the vehicle or vessel.(3) A person must not light a match, use any other form of ignition or smoke within 3 metres of a vehicle or vessel into which dangerous goods of Class 2.1 or 3 are being introduced from a fuel dispensing unit.(4) A person must not introduce liquefied petroleum gas into a vehicle or vessel by use of a fuel dispensing unit unless the hose attached to the unit is fitted with a coupling designed:(a) to separate from the unit at a lower tension than that which could cause the hose or unit to fail or be damaged, and(b) to stop the flow of gas from both the hose and the unit after separation. A person must not, with intent to deceive:(a) obliterate, alter or falsify an entry or signature in a book or record required by this Regulation to be kept or made, or(b) make a false or misleading entry in any such book or record. 25 Interference with signs and labels A person must not wilfully pull down, erase, mutilate or otherwise interfere with a sign, label or marking erected, fixed or made under this Regulation. (1) The WorkCover Authority may, in writing, exempt any person (including itself) or class of persons, either absolutely or subject to conditions, from any provision of this Regulation (other than a provision of Part 11 or a provision relating to the payment of fees) and may, in writing, vary or revoke any such exemption.(2) A person is not guilty of a breach of this Regulation by reason of the doing of any act if, by reason of stress of weather, accident resulting from causes not under his or her control or other emergency, the doing of the act was in the circumstances a matter of imperative necessity. (1) An approval given under any Regulations made under an Act repealed by the Act is taken, otherwise than for the purposes of subclause (4), to have been given under this Regulation.(2) An approval may:(a) except where this Regulation otherwise provides, be given:(i) in writing or verbally, and(ii) generally or in relation to a particular case, and(iii) on application or without an application, and(b) be given unconditionally or subject to conditions.(3) An approval given under this Regulation may at any time be rescinded or varied by the WorkCover Authority by notice in writing given by post or otherwise to the person, if any, on whose application it was given, or by notice in the Gazette.(4) The WorkCover Authority must keep a register of approvals and cause to be entered in it particulars of all approvals given under this Regulation and of all rescissions and variations of such approvals.(5) The register:(a) may consist of or include separate books, cards or other records, and(b) must be kept available at the office of the WorkCover Authority for perusal, without fee, by all persons at all reasonable times. 28 Maintenance of buildings and things If this Regulation imposes an obligation to provide a building or thing or to ensure that a building or thing conforms to prescribed requirements, the person for the time being subject to the obligation must maintain it, or cause it to be maintained, in good order and condition and, in the case of any mechanical equipment or device, in good and efficient working order. 29 Requirements for fire extinguishers A provision of this Regulation requiring that a fire extinguisher be provided or carried is not complied with except by the provision or carrying, as the case may be, of a fire extinguisher that:(a) complies with the relevant standard for fire extinguishers of the class to which it belongs adopted by Standards Australia, and(b) carries the Standards Australia mark, and(c) is installed and maintained in accordance with AS 1851 (Maintenance of fire protection equipment), Part 1 (Portable fire extinguishers and fire blankets), and(d) is not a powder extinguisher of the gas container type. 30 Requirements for self-contained breathing apparatus A provision of this Regulation requiring that a self-contained breathing apparatus be provided is not complied with except by the provision of a self-contained breathing apparatus:(a) that, when used by a person, will enable the person to breathe for at least 25 minutes without any alteration being made to the apparatus, and(b) that complies with the relevant provisions of AS 1715 (Selection, use and maintenance of respiratory protective devices) and AS 1716 (Respiratory protective devices), and(c) the face mask of which has a speech diaphragm. 31 Determination of flashpoint (1) The prescribed manner of determining the flashpoint of a liquid is:(a) by the appropriate method designated in AS 2106 (Determination of the flashpoint of flammable liquids (closed cup)), or(b) in accordance with the tests set out in clause 2.3.3 of the UN Recommendations.(2) The prescribed type of apparatus to be used in making a determination referred to in subclause (1) (a) is the appropriate apparatus referred to in AS 2106. 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. 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. 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. 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. 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. 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. 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. 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. 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. (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. 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. 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. 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. 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. 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. 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. 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. 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. Division 4 Issue by police of permits to receive explosives In 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. (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: 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. 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. 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. 74 Certificates and permits under the Construction Safety Act 1912 and regulations (1) In this clause: 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. 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. 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. Part 5 Keeping of dangerous goods In this Part, licence means a licence under section 8 or 19 of the Act. (1) This Part does not apply to or in respect of the keeping of dangerous goods:(a) in or on a vehicle or other mobile plant, appliance or device if the goods are necessary for its propulsion or are part of, or necessary for the operation of, its equipment or accessories, or(b) in the fuel tank of any stationary plant, appliance or device if the capacity of the tank does not exceed 250 litres, or(c) while they are being conveyed, or(d) of Class 7.(2) This Part, other than clause 99, does not apply to or in respect of the keeping of dangerous goods that are in immediate use within the meaning of clause 4 (6) (d) (subparagraph (iv) excepted) if the goods:(a) are kept in containers that are open to the atmosphere or to the contents of which persons have access, and(b) are kept in a manner that prevents them from escaping from premises, endangering persons or causing harm to property or the environment.(3) This Part does not apply to or in respect of the keeping of dangerous goods that are in immediate use within the meaning of clause 4 (6) (d) (iv) if the goods are kept in a manner that prevents them from escaping from premises, endangering persons or causing harm to property or the environment.(4) The provisions of this Part that prescribe requirements for or in respect of a depot do not apply to or in respect of a depot for goods that are:(a) prescribed under section 9 (1) (c) of the Act, and(b) not required by this Part to be kept in a depot conforming to prescribed requirements.(5) This Part is subject to Part 10 (Special requirements for certain goods). 80 Obligations of licensees and occupiers If a duty to observe any requirements of this Part that relate to any premises or place (or to any act, building, structure or thing in, on or in relation to any premises or place) is not by this Part specifically imposed on any person, it is the duty of:(a) the licensee of the premises if they are licensed, or(b) the occupier of the premises or place not being licensed premises,to observe the requirements or to cause them to be observed. 81 Occupation of, and keeping of goods in or on, licensed premises A person must not:(a) occupy licensed premises or any part of licensed premises, or(b) keep dangerous goods in or on licensed premises,unless he or she is, or is authorised by, the licensee of the premises. 82 Dangerous goods not to be kept except in licensed depots Except as provided by section 9 (1) (c) of the Act, dangerous goods must not be kept in or on licensed premises except in a licensed depot. 83 Only certain goods to be kept in licensed depots (1) No goods may be kept in a licensed depot except:(a) dangerous goods, or(b) packages for the dangerous goods kept or to be kept in the depot, or(c) tools, implements, mats or overshoes necessary for the efficient operation of the depot or required to be kept in the depot by this Regulation, or(d) goods approved for the purposes of this clause.(2) No greater quantity of dangerous goods may be kept in a licensed depot than the quantity that it is licensed to contain. 84 Depots to comply with this Part (1) A depot must not be specified as a depot or magazine in a licence for premises unless it conforms, or would (if so specified) conform, to the applicable provisions of this Part, AS 2507 (The storage and handling of agricultural and veterinary chemicals) or AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers).(2) If a depot does not conform to the applicable provisions of this Part, AS 2507 or AS 3833 and it is situated in or on:(a) licensed premises—the licensee of the premises, or(b) any other premises or place—the occupier of the depot,is guilty of a breach of this Regulation. 85 Location of depots (general) (1) Subject to this Regulation, a depot must not be located within a compound, or an area enclosed by the bund wall, of another depot if the dangerous goods kept in or on the depots are incompatible.(2) A depot must not be so located that piping or a pipeline (other than piping or a pipeline used for the conveyance of dangerous goods of a kind kept in the depot or of goods compatible with those dangerous goods kept in the depot) passes through, over, under or within 3 metres of the depot. 86 Location of depots (distance from certain places and works) (1) In this clause, prescribed separation distance means a distance prescribed by this Regulation as a prescribed separation distance for the purposes of this clause.(2) If a provision of this Regulation prescribes a separation distance between a depot and:(a) a protected place, or(b) a protected work, or(c) any other place, building, installation or thing,that protected place, protected work or other place, building, installation or thing is an exposure for the purposes of this clause and of the clause in which the provision occurs.(3) A building, structure, room, compartment, tank, store, area or receptacle must not be used as a depot if it is, or if so used would be, less than the prescribed separation distance from an exposure, unless the use is in accordance with the terms and conditions of an approval under subclause (4). 87 Prevention of escape of liquid, gaseous or molten dangerous goods Suitable measures must be taken, by grading or otherwise, to prevent liquid, gaseous or molten dangerous goods kept in a depot from flowing into, onto or beneath any other depot not in the same compound, protected place or protected work. 88 Employment of persons to watch over depots If the WorkCover Authority (by notice in writing to the licensee of premises in or on which a depot is situated) so requires, the licensee must employ a trustworthy person of or over 18 years of age to watch over the depot during such hours as are specified in the notice. 89 Handling of dangerous goods (1) The licensee of premises must observe, or cause to be observed, the requirements of this clause.(2) Every person engaged as an employee or otherwise in work in or on licensed premises must to the extent practicable, having regard to the nature and scope of his or her duties or occupation, observe the requirements of this clause.(3) All dangerous goods received into licensed premises and not required for immediate use must, as soon as practicable (but within 12 hours), be conveyed into the depot in which they are to be kept in or on the premises.(4) All dangerous goods taken from a depot in or on licensed premises for despatch from the premises must, as soon as practicable (but within 12 hours), be removed from the premises.(5) Dangerous goods other than solid goods must not be conveyed within licensed premises except:(a) in closed containers so constructed that the goods cannot escape during conveyance, or(b) by means of pipes so constructed and connected that the goods or vapour from them cannot escape from the pipes during the conveyance.(6) A packaging containing dangerous goods in or on licensed premises:(a) must not be opened except in the area in which the goods are to be used or in the immediate vicinity of the depot in which they have been or are to be kept, and(b) when opened for the removal of goods must:(i) be left open only for the time necessary for that removal, and then immediately closed, and(ii) if goods (other than goods to the keeping of which this Division does not apply) remain in the packaging and it is outside a depot, be immediately placed in a depot, and(iii) if no goods remain in the packaging, be immediately removed to a safe place.(7) All practicable precautions must be taken for preventing the escape of dangerous goods, or vapour from dangerous goods, from a packaging, a tank or any other container.(8) Dangerous goods kept in or on or received into licensed premises must, if the packagings are damaged, leaking or otherwise defective, be immediately repacked into sound packagings.(9) Dangerous goods spilled in or on licensed premises must:(a) immediately be cleaned up, and(b) minimising to the maximum extent practicable any danger to persons, other property or the environment, be kept and ultimately disposed of in compliance with any applicable Australian Standard. A person under the age of 16 years must not be:(a) employed in a licensed depot, or(b) allowed to enter a licensed depot except in the presence and under the supervision of a person of or over the age of 18 years. A person who is intoxicated must not be allowed to enter or remain in a licensed depot. (1) A licensed depot must at all times be kept clean and in good order.(2) Before any repairs that may jeopardise the safety of persons, goods or the environment are carried out in or to a licensed depot all goods must be removed from the area of the repairs and the area must be thoroughly swept out or washed out. (1) A person must not:(a) smoke in or within 3 metres of a depot, or(b) take into, or within 3 metres of, a depot:(i) any fire, flame, matches, charcoal, oiled rags, oiled cotton, oiled waste or grit, or(ii) any substance or article liable to spontaneous ignition or liable to cause fire or explosion,unless it is to be kept in the depot in accordance with the Act and this Regulation.(2) Subject to subclause (3), a person must not in a Zone 0, 1 or 2 (as defined by AS 2430 (Classification of hazardous areas) in relation to a depot for flammable liquid):(a) ignite, carry, or have in his or her possession any fire or flame, or(b) carry out any welding, oxy-acetylene cutting or hot tapping or any other process or operation liable to cause fire or explosion.(3) An act does not contravene subclause (2) if:(a) it is done with the approval of the WorkCover Authority, or(b) it is done in an emergency, or(c) between the depot and the place where the act is done there is a screen wall and from that place the closest distance around the screen wall to any part of the bund wall or to the opening into the depot is at least 15 metres.(4) If:(a) a person carries out a process or operation in an emergency, and(b) the carrying out of the process or operation otherwise than in an emergency would have contravened subclause (2),the person must immediately notify the WorkCover Authority of the carrying out of the process or operation.(5) Subject to this Regulation, the area within 5 metres from a depot, other than an internal depot, must be kept clear of dry grass, unmown grass, undergrowth and all other combustible material. 94 Fire hazards (vehicles and other appliances) (1) In this clause:(a) appliance means any kind of powered vehicle, plant, appliance or device, whether mobile or not, and whether or not it is designed for industrial, commercial or rural operation, and(b) a reference, in relation to a depot, to a location of a Zone is a reference to a location in or about the depot that is, or is within, that Zone as defined by AS 2430 or that is taken by any provision of this Regulation to be within that Zone.(2) The licensee of premises in or on which a depot is situated or the occupier of a depot in or on premises that are not licensed premises must not operate, or cause, permit or suffer any person to operate, in a location:(a) of Zone 1 or 2, an appliance powered by an internal combustion engine with spark ignition, or(b) of Zone 1, an appliance powered by an electric motor unless it:(i) complies with AS 1915 (Electric equipment for explosive atmospheres—Battery-operated vehicles) or another approved Standard, and(ii) is of an approved type, or(c) of Zone 2, an appliance powered by an electric motor unless it:(i) is not equipped with any arcing or sparking equipment or is equipped with arcing and sparking equipment protected in an approved manner, and(ii) is of an approved type, or(d) of Zone 1, an appliance powered by a compression ignition internal combustion engine unless it:(i) is so constructed or has been so modified that it conforms to the requirements set out in subclause (3) or with the provisions of AS 2359 (Powered industrial trucks), Part 12 (Hazardous areas), relating to operation in such a Zone, and(ii) conforms to the requirements set out in subclause (4), or(e) of Zone 2, an appliance powered by a compression ignition internal combustion engine unless it:(i) is so constructed or has been so modified that it conforms to the requirements set out in subclause (3) (f), (g) and (k), and(ii) is fitted with a switch to cut out all electrical equipment that may arc or spark and that switch is kept open at all times when the appliance is so operated, and(iii) conforms to the requirements set out in subclause (4). 95 Electrical apparatus and wiring (1) A building, structure, room, compartment, tank, store, area or receptacle must not be used as a depot unless its electrical wiring and equipment and the electrical wiring and equipment in its immediate precincts delimited a hazardous area by the relevant provisions of AS 2430:(a) conform to the provisions of AS 3000 (SAA Wiring Rules) that relate to electrical equipment in hazardous locations, and(b) are approved.(2) A fuel dispenser must not be used to dispense dangerous goods of Class 2.1 or 3 unless the electrical equipment in the area around the fuel dispenser delimited a hazardous area by the relevant provisions of AS 2430:(a) conforms to the provisions of AS 3000 that relate to electrical equipment in hazardous locations, and(b) is approved. 96 Sprinklers, fire hose reels and hydrants If this Part requires the provision in or in respect of a depot of:(a) sprinklers—they must conform to the requirements of AS 2118 (Automatic fire sprinkler systems) that relate to the fire hazard in respect of which they are provided, or(b) fire hose reels—they must be installed and maintained in accordance with AS 2441 (Installation of fire hose reels) and AS 1851 (Maintenance of fire protection equipment), Part 2 (Fire hose reels), or(c) fire hydrants—they must be installed and maintained in accordance with AS 2419 (Fire hydrant installations). 97 Requirements for fire-fighting equipment (1) Apparatus and equipment for fire-fighting, other than portable fire extinguishers, required by or under this Part to be provided in or on premises:(a) must be compatible with the apparatus and equipment of the relevant fire authority, and(b) must not be installed unless their plans and specifications have been approved, and(c) must be so maintained that they are at all times in an efficient state and capable of instant use.(2) If by or under this Part a fire hydrant is required to be provided at a place in or on premises:(a) a hose (or 2 hoses, in total) at least 30 metres long, together with a hose nozzle, hose connectors, 2 hydrant spanners and any other fittings that are necessary, must be provided at that point, and(b) the hydrant must be capable of throwing a water stream to a distance of 20 metres from a 30 metre hose equipped with a 25 millimetre diameter nozzle, and(c) if more than one hydrant is required to be provided, such number of adjustable stream nozzles as is sufficient for the needs of the fire-fighting installation, and to enable that installation to be operated from at least 2 hydrant points, must be provided. 98 Fire extinguishers to be provided at certain depots (1) If by clause 99 a notice and label, or notice and labels, are required to be kept exhibited at a depot, at least one dry chemical fire extinguisher having a rating of at least 60B when tested in accordance with AS 1850 (Portable fire extinguishers—Classification, rating and performance testing) must at all times be provided at and for the protection of the depot and in such a position that it can conveniently be used for such protection. 99 Notices and labels to be exhibited at depots (1) Subject to subclause (2), there must at all times be kept exhibited at an above-ground depot (other than an internal magazine) for the keeping of dangerous goods of the class or description specified in Column 1 of the Table to this clause:(a) a notice containing only:(i) the words specified in Column 3 of the Table opposite that class or description of dangerous goods, or(ii) if “Proper Shipping Name of the goods” is specified, that name, and(b) a label setting out the class to which the goods belong.(2) A notice or label need not be kept exhibited at a depot for the keeping of dangerous goods of the class or description specified in Column 1 of the Table if the quantity of dangerous goods of that class or description kept in the depot does not exceed the quantity specified in Column 2 of the Table opposite that class or description of dangerous goods.(3) At any depot, whether licensed or not, in or on which is kept a quantity of dangerous goods exceeding:(a) if the goods kept are of Class 2.2 (not being a cryogenic liquid)—300 cubic metres measured at MSC, or(b) if the goods kept are of any other class (or a combination of any other classes)—1 000 kilograms in the case of solids or 1 000 litres in the case of liquids,there must at all times be kept exhibited a notice containing the words “Danger No Smoking” and a label setting out the class to which the goods belong and the subsidiary risk, if any, assigned to the goods (aerosols being dangerous goods of Class 2.1 or 2.3 kept in retail outlets are exempt from these requirements).(4) At a licensed depot in or on which are kept dangerous goods of subsidiary risk 3, 4.1, 4.2, 4.3 or 5.1 there must at all times be kept exhibited a notice containing the words “Keep Fire Away”.(5) The requirements of this clause relating to the exhibition of notices and labels are additional to each other.(6) A notice must be in letters at least 50 millimetres high and conforming to Type B of AS 1744 (Forms of letters and numerals for road signs).(7) A notice required to be kept exhibited at a depot for the keeping of dangerous goods of Class 1.1B, 1.1D, 1.2 or 1.3 must be in accordance with AS 2187 (Explosives—Storage, transport and use), Part 1 (Storage).(8) A label must have sides of at least 250 millimetres in length and, subject to subclause (7), conform to the specifications for class labels and subsidiary risk labels in the ADG Code.(9) The notice and label must be kept exhibited in such a position as to be clearly legible by any person approaching or at the depot, and if there is more than one point of access to the depot, the notice and label must be kept exhibited at each point of access in such a position as to be clearly legible by persons when having access to the depot at that point.(10) No writing or sign may be displayed at or near a notice or label required to be exhibited by this clause if the writing or sign contradicts, qualifies or distracts attention from the notice or label. 100 Dangerous goods to be removed from premises on termination of licence If:(a) a licence for premises has ceased to be in force, and(b) no person is the occupier of the premises, and(c) a person has an immediate right to enter into the occupation of the premises,the person referred to in paragraph (c) must immediately remove or cause to be removed from the premises all dangerous goods, other than goods to the keeping of which this Part does not apply, that are in or on the premises. 101 Vents in ventilating systems If, in accordance with this Part, a vent has been provided for natural ventilation, or as part of or in connection with a mechanical ventilation system, a person must not prevent the vent from operating or affect its operation by placing articles or substances in or near it. Division 2 Keeping of explosives 102 Certain explosives that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of explosives that may be kept in or on the same unlicensed premises is:(a) not more than 2.5 kilograms of blasting explosives (as defined in Division 4, Part 4), not more than 110 detonators and not more than 250 metres of detonating fuse if the explosives have been received under the authority of a shotfirer’s permit or a permit under Division 4 of Part 4 (Issue by police of permits to receive explosives), or(b) an unlimited quantity if the explosives are display fireworks received under the authority of a single occasion fireworks permit or pyrotechnicians permit, or(c) an unlimited quantity if the explosives are:(i) safety cartridges not kept for sale, or(ii) dangerous goods of Class 1.4S (not being detonators), not elsewhere specified in this subclause, or(d) not more than 2 000 rounds if the explosives are safety cartridges kept for sale, or(e) 10 kilograms or less if the explosive is a propellant powder received under the authority of a firearms licence, or(f) 2.5 kilograms or less if the explosive is a propellant powder received under the authority of a shotfirer’s permit or a permit under Division 4 of Part 4, or(g) 10 kilograms NEQ or less of distress signals and one tonne or less of toy fireworks if the explosives are distress signals not kept for sale and toy fireworks, or(h) an unlimited quantity if the explosives have been received under the authority of a collector’s permit.(2) For the purposes of subclause (1), explosives that are kept by a person in or on premises within one kilometre of each other are taken to be kept in or on the same premises. 103 Conditions subject to which certain explosives may be kept (1) This clause applies to explosives that may be kept in or on the same unlicensed premises in the quantities prescribed by clause 102, but does not apply to:(a) distress signals kept for sale in a quantity not exceeding 10 kilograms NEQ, or(b) safety cartridges kept by the holder of a licence under section 21 of the Act for sale under the authority of the licence.(2) For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions for the keeping of explosives to which this clause applies are as prescribed by this clause.(3) Propellant powder, blasting explosives or detonating fuse must be kept:(a) in a securely locked container or containers in a place where the explosives will be inaccessible except to the person keeping the explosives or persons acting with his or her authority, and(b) in a building that is kept securely locked at all times except when a trustworthy person of or over the age of 18 years is in it and exercising supervision over the explosives.(4) Fuse lighters must not be kept in a container referred to in subclause (3).(5) Detonators must be kept:(a) in a securely locked container containing nothing except detonators, and(b) away from all other explosives, and(c) in a building that is kept securely locked at all times except when a trustworthy person of or over the age of 18 years is in it and exercising supervision over the detonators.(6) Safety fuse, safety cartridges and other ammunition that are dangerous goods of Class 1.3 or 1.4 must be kept in a cool and dry place away from all other explosives.(7) No substance or article of a highly flammable nature may be kept otherwise than at a safe distance from the explosives and the building in which they are kept. 104 Keeping and handling of explosives generally Subject to this Regulation, a person having explosives in his or her possession must ensure that they are kept and handled in accordance with AS 2187 (Explosives—Storage, transport and use). 105 Conditions under which distress signals and display fireworks may be kept for sale (1) In this clause: 106 Conditions under which certain safety cartridges may be kept for sale (1) For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions for the keeping of safety cartridges by the holder of a licence under section 21 of the Act for sale under the authority of the licence are as prescribed by this clause.(2) Safety cartridges must be kept in a building in:(a) a locked room, or(b) a magazine conforming to clause 118, or(c) the original outer packaging in which they were received, or(d) enclosed packets on a shelf, or in a cupboard or similar receptacle, if:(i) the packets are so placed as to prevent unauthorised persons from having access to them, and(ii) the building is kept locked at all times except when the licensee, or an employee of the licensee having the duty of exercising supervision over the cartridges, is in the building and able to exercise supervision over the cartridges.(3) Safety cartridges must not be placed or kept in a shop window or kept on a shop counter.(4) Safety cartridges must not be kept in a room or magazine, or in a cupboard or other receptacle, in which there are other explosives, unless they are separated from the other explosives by a partition of such substance and construction, or by such space, or by both, that an explosion or fire will not be communicated from the cartridges to the other explosives, or from the other explosives to the cartridges. 107 Magazines (separation distances) (1) In this clause: 108 Construction of external magazines (1) In this clause, magazine means an external magazine that is a licensed magazine.(2) A magazine must comply with Part 1 of AS 2187 and with the provisions of this clause.(3) A building must not be licensed to contain more explosives than the quantity permitted by subclause (4) (e).(4) A magazine must be a building and must:(a) have walls of steel plate not less than 5 millimetres thick, reinforced concrete not less than 125 millimetres thick or brick not less than 225 millimetres thick set in cement mortar, and(b) have a roof of steel plate not less than 5 millimetres thick with a shade roof, or a roof of reinforced concrete not less than 75 millimetres thick, and(c) be lined on the inside of its walls, door or doors, ceiling and floor with a lining conforming to subclause (8), and(d) if the magazine is licensed to contain more than 150 kilograms of explosives—be equipped with lightning protection conforming to the relevant provisions of AS 1768 (Lightning protection), and(e) have an internal volume not less than 0.4 cubic metres for each 100 kilograms of explosives it contains and sufficient internal volume to permit free circulation of air and ready access to the explosives, and(f) be ventilated by means of wall vents, which must be adequately protected.(5) Paragraphs (a) and (b) of subclause (4), in their application to a magazine built before 31 December 1999, are to be read as if “3 millimetres” were substituted for “5 millimetres”.(6) Every internal door of a magazine must be of wood.(7) All locks and fittings of an internal door of a magazine must be of non-ferrous metal.(8) The lining of a magazine must:(a) be such that no iron or steel is exposed on the interior of the wall, door or doors, ceilings or floor, and(b) consist of:(i) close-fitting boards joined together by tongue and groove joints, or(ii) reconstituted wood, or(iii) marine quality plywood, and(c) be not less than 10 millimetres thick on the walls, door or doors and ceiling and not less than 25 millimetres thick on the floor, and(d) be so secured by non-ferrous fastenings or secret nailing to bearers on the walls, door or doors and roof that there is an air space of at least 20 millimetres between the lining and every wall and door and between the lining and the roof, and(e) be supported on the floor by joists spaced at not more than 0.5 metre centres.(9) A magazine licensed to contain more than 1 000 kilograms of blasting explosives must be surrounded by a mound complying with Part 1 of AS 2187.(10) A magazine may have a porch and any such porch must:(a) be of the same construction as the remainder of the magazine, and(b) be used only for the keeping of tools or implements used in connection with the magazine or the changing of clothes and shoes, or for both purposes,and may have an inner door opening into the interior of the magazine.(11) A magazine must not be heated artificially otherwise than by means of steam, hot air or hot water and the heat so employed must be generated at a safe distance from the magazine, every other magazine and every process building. 109 Exhibition of notices in magazines (1) There must at all times be kept prominently exhibited inside an external magazine that is a licensed magazine a clearly legible notice setting out:(a) the quantity of explosives (including the number of detonators, if any) that the magazine is authorised to contain under the licence for the premises in or on which it is situated, and(b) if it is a condition of the licence for those premises that not more than a specified number of persons is to be permitted to be present in the magazine at any one time—a statement to the effect that not more than that number of persons is to be present in the magazine.(2) There must at all times be kept prominently exhibited inside a licensed magazine a clearly legible copy of so much of this Regulation, of any other Regulations and of any Act as the WorkCover Authority may, by notice served on the licensee, require.(3) Every notice and copy required by this clause to be kept exhibited inside a magazine must be kept securely fixed to an interior wall of the magazine in such a position that the notice or copy will not be obscured by an opened door, stacked goods or otherwise. 110 Keeping of explosives of different compatibility groups Subject to the applicable provisions of Part 1 of AS 2187, explosives of more than one compatibility group must not be kept in the same magazine. (1) An external magazine that is a licensed magazine must at all times have a magazine keeper.(2) The licensee and the magazine keeper must comply (or cause compliance) with clauses 112 and 114–116. 112 Certain articles to be provided (1) In this clause, magazine means an external magazine that is a licensed magazine.(2) There must at all times be provided in a magazine that does not contain any gunpowder or firework composition:(a) a hair broom, and(b) a coir mat about 750 millimetres by 500 millimetres in size.(3) There must at all times be provided in a magazine that contains gunpowder or firework composition:(a) a hair broom, and(b) a coir mat about 750 millimetres by 500 millimetres in size, and(c) a sufficient number of suitable copper, brass or wooden tools or implements for opening packages, and(d) if persons are to enter the magazine, suitable footwear or a sufficient number of overshoes (not having any exposed iron or steel) for use by those persons.(4) The mat, tools or implements and footwear or overshoes prescribed by subclause (3) must be kept in a suitable cupboard or area in the magazine when they are not in actual use.(5) A person must not enter a magazine that contains gunpowder or firework composition unless he or she is wearing footwear or overshoes provided under subclause (3). 113 Prevention of introduction of hazardous articles into magazines The licensee of premises in or on which a magazine is situated must, in order to prevent persons employed or engaged in or about the magazine from taking articles or substances into it in contravention of clause 93 (1):(a) provide them with, and require them to wear whenever they are in the magazine, approved working clothes without pockets, and suitable footwear, or(b) maintain an effective system of search, or(c) take any other effective measures necessary. 114 Magazines to be kept locked (1) An external magazine that is a licensed magazine must be kept securely closed and locked at all times except when goods are being placed in or taken from it or when it must be kept open for some other purpose in connection with its management.(2) The keys to such a magazine must at all times be in the custody of a trustworthy person and kept readily available for production to an inspector. 115 Packagings of gunpowder or other powder (1) Packagings of gunpowder or other propellant powder must not be opened in a magazine unless all the explosives in them is contained in inner packagings.(2) Packaging that has any exposed iron or steel must not be used for the keeping of gunpowder or firework composition in a magazine. Whenever a thunderstorm appears to be imminent in the vicinity of an external magazine that is a licensed magazine, every person engaged in or about the magazine must be withdrawn to a safe distance from it and it must be kept closed and locked until the thunderstorm has ceased or the threat of it has passed. 117 Restrictions on use of internal magazines (1) An internal magazine must not be specified as a magazine in a licence for premises unless it is specified as a magazine:(a) for the keeping of the prescribed kinds and quantities of explosives, and(b) for use under the prescribed conditions.(2) The prescribed kinds and quantities of explosives referred to in subclause (1) (a) are:(a) not more than 50 kilograms of blasting explosives, or not more than 50 kilograms of propellant powder being dangerous goods of Class 1.1, or(b) not more than 20 000 detonators, or(c) not more than 200 kilograms of propellant powder being dangerous goods of Class 1.3, or(d) not more than 200 kilograms NEQ of distress signals or display fireworks.(3) The licensee of premises in which an internal magazine is situated must not use the magazine except in conformity with the prescribed conditions. 118 Internal magazines for blasting explosives and certain other explosives (1) An internal magazine for the keeping of blasting explosives, propellant powder (being dangerous goods of Class 1.1) or detonators must:(a) consist of a strong receptacle fitted with a close-fitting lid, and(b) be constructed of wood covered on the outside with sheet steel not less than 0.8 millimetres thick or (subject to subclause (2)) be of approved construction, and(c) subject to paragraph (d), be painted red on the whole of the outside of its top and sides, and(d) be clearly marked in white letters with:(i) the word “DETONATORS” if detonators and no other explosives are kept in it, or(ii) in any other case, the word “EXPLOSIVES” and the licensed capacity of the magazine, and(e) be fitted with handles for lifting it.(2) An internal magazine in which gunpowder is kept must be lined with wood and all its fittings must be of non-ferrous metal.(3) All the fittings of an internal magazine referred to in subclause (1) in which no gunpowder is kept must be of steel and the magazine must be fitted with a lock having a steel hasp. 119 Keeping of certain propellant powder and fireworks (1) An internal magazine for the keeping of propellant powder (being dangerous goods of Class 1.3) or fireworks must be:(a) a receptacle constructed, painted, marked and fitted as described in clause 118 (1) and (3), or(b) a cabinet conforming (unless otherwise approved) to the following requirements:(i) the walls, floor, door or doors and roof must be of double-walled sheet steel construction, with a space between the walls not less than 40 millimetres in width either left empty or filled with non-combustible insulation, and(ii) the door or doors must be self-closing, close-fitting, held shut by catches at not fewer than 2 points and fitted with a lock, and(iii) the word “EXPLOSIVES” and the licensed capacity of the magazine must be clearly marked on its outside in white letters on a red background.(2) A person who keeps toy fireworks in a quantity in excess of one tonne must keep them under dry conditions in a building or freight container that is kept securely locked at all times except when a trustworthy person of or over the age of 18 years is in the building or by the freight container and exercising supervision over the fireworks. Division 3 Keeping of dangerous goods of Class 2 In this Division: 121 Certain gases that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods that may be kept in or on the same unlicensed premises is:(a) 300 kilograms or less if the goods are a liquefied flammable gas in a container or containers connected to one or more consuming devices, or(b) 150 kilograms or less if the goods are a liquefied flammable gas not kept for sale and not in a container connected to one or more consuming devices, or(c) 25 kilograms or less if the goods are a liquefied flammable gas kept for sale in containers each containing not more than 6 kilograms of the gas, or(d) an unlimited quantity if the goods are a liquefied flammable gas (other than aerosols (UN No 1950)) in disposable containers, or(e) 60 cubic metres or less if the goods are of Class 2.1 other than:(i) a liquefied gas, or(ii) aerosols (UN No 1950), or(f) 5 000 kilograms or less if the goods are aerosols (UN No 1950) being dangerous goods of Class 2.1 not kept for sale, or(g) 600 cubic metres or less if the goods are of Class 2.2 being a cryogenic liquid, or(h) an unlimited quantity if the goods are of Class 2.2 not being a cryogenic liquid, or(i) 2 500 kilograms or less if the goods are a liquefied flammable gas or anhydrous ammonia kept:(i) for use (other than for sale) by the person keeping the goods in or on the premises or place where they are kept, and(ii) elsewhere than in a city or town, and(iii) at a distance of at least 30 metres from any public place or protected work, or(j) 20 cubic metres or less if the goods are of Class 2.3 other than:(i) a liquefied gas, or(ii) aerosols (UN No 1950), or(k) 50 kilograms or less if the goods are:(i) a liquefied toxic gas, or(ii) aerosols (UN No 1950) being dangerous goods of Class 2.3,kept in or on premises or a place not open to the public.(2) The volumes referred to in subclause (1) are volumes measured at MSC.(3) For the purposes of section 9 (1) (c) of the Act, the manner in which and the conditions subject to which the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are to be kept are that:(a) the provisions of Part 3 and the applicable provisions of AS 4332 (The storage and handling of gases in cylinders) are observed, and(b) in the case of the goods referred to in subclause (1) (d), if kept in a quantity exceeding 100 kilograms, the disposable containers are:(i) in groups each containing not more than 100 kilograms of gas and at least 6 metres from each other, or(ii) in, or directly ventilated to, the open air and separated by at least 3 metres from any combustible material. (1) A depot for the keeping, otherwise than in cylinders, of:(a) dangerous goods other than toxic gas—must be a tank as prescribed by clause 123, or(b) toxic gas—must be:(i) a tank as prescribed by clause 123, or(ii) a building as prescribed by clause 124 in which the gas is kept in tanks none of which has a capacity exceeding 2 cubic metres, or(iii) an area as prescribed by clause 125 in which the gas is kept in tanks none of which has a capacity exceeding 2 cubic metres.(2) A depot for the keeping of dangerous goods in cylinders of a capacity of 500 litres or less must comply with AS 4332.(3) A depot for the keeping of dangerous goods in cylinders of a capacity of more than 500 litres must comply with the provisions of this Division applicable to tanks that are depots.(4) Subclause (2) does not apply to a depot in relation to the keeping of cylinders of:(a) anhydrous ammonia if they are kept in compliance with AS 2022 (SAA anhydrous ammonia code), or(b) cryogenic fluids if they are kept in compliance with AS 1894 (The storage and handling of non-flammable cryogenic and refrigerated liquids), or(c) liquefied chlorine gas if they are kept in compliance with AS 2927 (The storage and handling of liquefied chlorine gas), or(d) liquefied natural gas if they are kept in compliance with AS 3961 (Liquefied natural gas—Storage and handling), or(e) liquefied petroleum gas if they are kept in compliance with AS 1596 (Storage and handling of LP gas).(5) A depot must not, except with the approval in writing of the WorkCover Authority, be used for the keeping of dangerous goods of Class 2.1 below ambient temperature.(6) If a depot is used for the keeping of dangerous goods of Class 2.1 or 2.3, being aerosols (UN No 1950), and more than 1 000 kilograms of the goods are kept within an imaginary sphere of 5 metres diameter, the goods must be kept:(a) in a place that allows for the safe dispersal of gas or vapours that might escape from leaking containers, and(b) in an enclosure preventing the projection of containers if involved in a fire, and(c) at least 5 metres from any other class of dangerous goods (not being aerosols (UN 1950)) or any combustible material, and(d) at least 3 metres from any fixed ignition sources (other than electric ceiling lighting). (1) A tank that is a depot must:(a) if it is used for:(i) the keeping of gas under pressure—be a pressure vessel conforming to an approved code or standard or to approved specifications, or(ii) the keeping of gas at a temperature below ambient temperature—be a storage vessel for refrigerated gas conforming to an approved code or standard or to approved specifications, or(iii) the keeping of gas under any other conditions—be an approved tank, and(b) be an above-ground tank, and(c) be fitted with an approved safety relief device so placed that flames from the device will not impinge on the tank or any other depot, and(d) have on all openings in use or to which pipes are connected, other than openings for safety relief devices and level gauges, valves so fitted that they are within the tank or as close to the shell of the tank as possible, and(e) unless the licensed premises are so fenced that the public is effectively excluded from the area in which the depot is situated, be surrounded by a fence at least 1.8 metres high and at least 1.5 metres from the depot having:(i) 2 gates that are on opposite sides of the depot and that open only outwards, or(ii) if the tank is a vertical tank that is used for the keeping of cryogenic liquids of Class 2.2, gates complying with subparagraph (i) or one gate that is located as far as practicable from any potential sources of leaks and that opens only outwards, and(f) if it is to remain in position for more than 6 months, be set on substantial non-combustible or hardwood supports, and(g) if it is to remain in position for not more than 6 months, be set on firm foundations and so that no movement of the tank that might impose a strain on the piping connected to it can take place, and(h) be readily accessible to persons having duties in relation to the depot and to equipment for the conveyance of goods to and from it.(2) There must be installed in the vicinity of a tank for the keeping of dangerous goods of Class 2.1, being unodorized liquefied petroleum gas, a flammable gas detector with at least 4 detecting heads evenly spaced around the tank that will give an automatic alarm, whenever the gas is present in the air at a head at a concentration of 25 per cent or more of the lower explosive limit of the gas, by:(a) producing a sound of not less than 105 decibels, and(b) giving a visible signal. (1) A building that is a depot must conform to this clause.(2) The building must have either:(a) a framework of hardwood, steel or other approved material covered with fibre-cement, steel or other non-combustible sheeting material, or(b) walls of brick or masonry.(3) The floor of the building must be of hardwood or concrete and the space below the floor must be either completely open to the atmosphere or filled with solid material.(4) Adequate ventilation must be provided, taking into account the properties (including the density) of the gas to be kept in the depot, the depot’s location and any other relevant factors.(5) The roof must be of steel, fibre-cement, tiles or other approved non-combustible material and be so designed and constructed that gas cannot accumulate beneath the roof and that the tanks in the building are protected from direct sunlight.(6) The building must be made secure against entry by unauthorised persons. (1) Subject to subclause (2), an area that is a depot must:(a) be level, paved or of gravel, and drained, and(b) be clear of any combustible material, and(c) be capable of withstanding the mass of the dangerous goods containers to be kept in it, and(d) be an area defined by a surrounding fence at least 1.8 metres high having gates that open only outwards from the area and that are capable of being securely locked.(2) The WorkCover Authority may approve of the use as a depot of an area not defined by a surrounding fence if it is satisfied that:(a) the premises in which the area is situated are fenced, and(b) the area is not accessible to the public.(3) The licensee of a depot that is an area defined by a surrounding fence must at all times ensure that:(a) no dangerous goods are placed or kept within 300 millimetres of the fence, and(b) only equipment necessary for the operation of the depot is kept inside the fenced area. 126 Method of storage of certain articles (1) The licensee of premises licensed for the keeping of dangerous goods must observe, or cause to be observed, the requirements of this clause. (1) Premises licensed for the keeping of dangerous goods must be provided with means of fire protection, conforming to this clause, in respect of each depot in or on the premises. 128 Tanks or cylinders having common connections (1) If, in or on any premises, 2 or more tanks or cylinders for the keeping of dangerous goods have in common any connections for the passage of vapour or liquid, or both, the tanks or cylinders must be supported in such positions that the maximum liquid levels are in the same horizontal plane. 129 Depots (tanks) for flammable gases (separation distances) (1) Subject to this clause, for the purposes of clause 86 a distance set out in Column 2 of the Table to this clause is, in relation to a tank that is a depot for the keeping of flammable gas, a prescribed separation distance from the depot to a work, place, installation or thing (an exposure) described in Column 1 of the Table opposite the distance.(2) Subject to subclause (3), if a screen wall is between a depot referred to in subclause (1) and an exposure, and the screen wall is such that the depot is completely obscured from the exposure, then, for the purposes of clause 86 (3), the distance between the depot and the exposure may, with the approval of the WorkCover Authority, be taken to be the distance between them measured around the screen wall.(3) Subclauses (1) and (2) do not apply to or in respect of the distance between 2 tanks containing flammable gas.(4) For the purposes of clause 86, the prescribed separation distance between 2 depots being tanks for the keeping of flammable gas is a distance equal to the diameter of the larger tank (or if they are of equal diameter, that diameter) or 3 metres, whichever is the lesser.(5) For the purposes of clause 86, the prescribed separation distance between:(a) a depot for the keeping of flammable gas below ambient temperature, and(b) a protected place or a protected work,is a distance determined by the WorkCover Authority and specified in the licence for the depot. 130 Deliveries to depots for unodorized liquefied petroleum gas When a delivery of unodorized liquefied petroleum gas is made to a licensed depot, being a tank, by means of a vehicle in or on which the gas is carried in a tank:(a) the licensee of the premises in or on which the depot is situated must ensure that the vehicle:(i) does not stand on a public road, and(ii) stands in such a position that it can be driven away from the depot in a forward direction, and(b) while the gas is being transferred from the vehicle to the depot:(i) by a hose that is not vented when the delivery is completed—the space for a horizontal distance of 10 metres from the vehicle to a height of 3 metres is taken for the purposes of clause 94 to be a Zone 2 location, or(ii) by a hose that is vented—the space for a distance of 3 metres about the valve connections on the vehicle to a height of 3 metres is taken for those purposes to be a Zone 1 location, and the space laterally outside the firstmentioned space to a distance of 10 metres and a height of 3 metres is taken for those purposes to be a Zone 2 location. 131 Charging of aerosols and disposable containers with liquefied flammable gas (1) In this clause, charging area means the area in a building in which aerosols or disposable containers are charged with liquefied flammable gas.(2) A person must not in a building, personally or by his or her employees or agents, charge aerosols or disposable containers with liquefied flammable gas:(a) without the prior approval of the WorkCover Authority, and(b) unless the requirements of subclauses (3)–(9) are observed.(3) The charging area in a building must be separated from all other parts of the building by a vapour-tight wall that may have the following but no other openings:(a) a doorway, and(b) openings each not exceeding 0.1 square metre in area for the passage of containers into and from the charging area.(4) A charging area must be equipped with a system of mechanical ventilation that is separate from any other such system in the building and so constructed, maintained and operated that:(a) the concentration of any gas escaping into the atmosphere of the charging area is at all times kept less than 25 per cent of the lower explosive limit of the gas, and(b) gas so escaping does not flow through any doorway or other opening referred to in subclause (3).(5) The ducting of the system of mechanical ventilation must not pass through any part of the building other than the charging area and must be such that the air drawn from the charging area is discharged into the atmosphere outside the building at a point above the level of every part of the roof of the building that is within 10 metres, measured laterally, from that point.(6) The door of a doorway referred to in subclause (3) must:(a) have double hinges so as to be able to be opened both inwards and outwards, and(b) be kept closed at all times except when it is necessarily open for the passage of persons or materials.(7) All piping conveying liquefied flammable gas from the storage tank for the gas to the charging area must:(a) conform to AS 4041 (Pressure piping) or be approved, and(b) be joined by welding, and(c) be equipped with a manual shut-off valve at the tank and a manual shut-off valve immediately outside the building, and(d) be equipped with an excess flow valve and a manual shut-off valve at every point where the gas enters a flexible connection to the charging machine.(8) The valves referred to in subclause (7) (c) and (d) must conform to AS 1596 (Storage and handling of LP gas) or be otherwise approved.(9) A gas detector that will function whenever liquefied flammable gas is present in the air at a concentration of 25 per cent or more of the lower explosive limit for the gas used to charge the aerosols or disposable containers must be installed in a position adjacent to every charging machine and every opening referred to in subclause (3) (b).(10) For the purpose of subclause (9), a gas detector functions if it:(a) produces a sound not less than 105 decibels, and(b) gives a visible signal, and(c) shuts off the flow of gas into the building referred to in subclause (3).(11) Clause 94 applies to and in respect of a charging area as if:(a) a reference in that clause to a depot or the licensee of premises in or on which a depot is situated were a reference to the charging area of a building or the occupier of that building, respectively, and(b) the charging area were a location in Zone 1, and(c) an area outside the charging area within a 5 metre radius of any of the openings referred to in subclause (3) and to a height of 1.5 metres above flood level were a location in Zone 2. 132 Tanks, cylinders or other containers for cryogenic liquids A licensee of premises in or on which is situated a tank, cylinder or other container (whether a depot or not) used for the keeping of dangerous goods being a cryogenic liquid must, in relation to the use of the tank, cylinder or other container, observe (or cause to be observed) the storage and handling requirements, operating conditions and procedures specified in AS 1894 (The storage and handling of non-flammable cryogenic and refrigerated liquids). 133 Depots for toxic gases (general) (1) The area within a building in or on licensed premises that comprises:(a) a space, at least 0.75 metres in width, immediately surrounding:(i) a depot that is a tank for the storage of toxic gas, and(ii) tanks containing toxic gas that are being kept in the building, and(b) a passageway at least 0.75 metres in width from the space referred to in paragraph (a) to an entrance to the building,must be demarcated by a yellow paint line on its outer borders and at all times kept free so as to allow convenient and unrestricted access by persons having duties in relation to the tank.(2) Adequate provision must be made for access to and movement around tanks in which toxic gas is kept in or on licensed premises otherwise than in a building.(3) If the WorkCover Authority so requires, a depot for the keeping of toxic gas must be provided with a system of mechanical ventilation such as will:(a) provide a flow of at least 15 cubic metres per minute, and(b) exhaust any air of the depot that may contain escaped toxic gas to an outlet situated at such a height that the airborne concentration of the gas at ground level is less than the concentration specified in respect of the gas in the publication entitled “Exposure Standards for Atmospheric Contaminants in the Occupational Environment” published by Worksafe Australia. 134 Depots (tanks) for toxic gases (separation distances) (1) Subject to this clause, for the purposes of clause 86:(a) a distance set out in Column 2 of the Table to this clause is, in relation to a tank that is a depot for the keeping of toxic gas in a quantity not exceeding 600 cubic metres of compressed gas or 2 000 kilograms of liquefied gas, a prescribed separation distance from the depot to a place or work (an exposure) described in Column 1 of the Table opposite the distance, and(b) a distance set out in Column 3 of the Table is, in relation to a tank that is a depot licensed for the keeping of toxic gas in a quantity exceeding 600 cubic metres of compressed gas or 2 000 kilograms of liquefied gas, a prescribed separation distance from the depot to an exposure described in Column 1 of the Table opposite the distance.(2) Subject to subclause (3), if a screen wall is between a depot referred to in subclause (1) and an exposure, the distance between the depot and the exposure is taken to be the distance between them measured around the screen wall.(3) Subclause (2) does not apply to or in respect of the distance between 2 tanks containing toxic gas.(4) For the purposes of clause 86, the prescribed separation distance between 2 depots that are tanks for the keeping of toxic gas is a distance equal to the diameter of the larger tank (or if they are of equal diameter, that diameter) or 3 metres, whichever is the lesser. Division 4 Keeping of dangerous goods of Class 3 and combustible liquids In this Division, dangerous goods means dangerous goods of Class 3 and combustible liquids. 136 Goods that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods that may be kept in or on the same unlicensed premises is:(a) if the goods are of Class 3 Packing Group I or II not kept in an underground tank—100 litres or less, or(b) if the goods are of Class 3 Packing Group III not kept in an underground tank—1 000 litres or less, or(c) if the goods are of Class 3 kept in or on any premises or place not less than 2 hectares in area in or on which a rural industry is carried on—5 000 litres or less, or(d) if the goods are of Class C1 (combustible liquids) not kept in a tank having a capacity exceeding 50 000 litres—an unlimited quantity, or(e) if the goods are of Class C2 (combustible liquids)—an unlimited quantity, or(f) if the goods are:(i) of Class 3 Packing Group I or II kept in approved packages each having a capacity not exceeding 5 litres, or(ii) of Class 3 Packing Group III kept in approved packages each having a capacity not exceeding 25 litres,and, as packaged, are manufactured products—an unlimited quantity.(2) For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are that:(a) they are kept and handled in accordance with AS 1940 (The storage and handling of flammable and combustible liquids), and(b) the provisions of Part 3 and clause 139 are observed in relation to them. 137 Keeping of other dangerous goods Subject to this Division, a person who keeps dangerous goods (other than goods referred to in clause 136 in the quantities prescribed by that clause) must comply (or cause compliance) with the provisions of AS 1940 relating to the goods. 138 Self-service fuel dispensing units (1) A person who keeps dangerous goods, being vehicle fuel, for sale or supply by means of a self-service fuel dispensing unit (other than a coin or card operated dispensing unit) must in relation to the unit comply (or cause compliance) with the provisions of this clause (except subclauses (6) and (7)).(2) Instructions for the operation of the unit must be clearly displayed on or immediately adjacent to it.(3) The unit and the area surrounding it must be adequately illuminated when the unit is in operation.(4) A person (an operator) must be appointed to control and supervise from a control point the operation of the unit when it is in operation for the sale of fuel.(5) A person must not be appointed as an operator unless he or she:(a) is a trustworthy person of or over the age of 18 years, and(b) is fully conversant with the manner of operation of the unit by the users and the system employed for the sale of fuel by means of the unit.(6) When a vehicle is standing near a self-service fuel dispensing unit, the driver of the vehicle must ensure that its engine:(a) is stopped before the fuel tank is opened, and(b) remains stopped while the dangerous goods are being dispensed into the vehicle.(7) A person must not smoke within 3 metres of a self-service fuel dispensing unit. A person must not keep dangerous goods of Class 3 Packing Group I or II:(a) in a tank in or under a building in which a person resides, or(b) in an above-ground tank in or on any premises less than 2 hectares in area in a residential area of a city or town. If, in relation to a depot licensed for the keeping of flammable liquid, Rule 4.3.3 of AS 1940 is complied with by the provision of a compound away from the depot for the reception of flammable liquid draining from the depot, the compound must be so situated that the distances set out in Table 4.1 of AS 1940 are adhered to as though the compound were a depot having a licensed capacity one quarter that of the depot. 141 Fire protection for certain above-ground tanks (1) In relation to premises in respect of which a person is required by AS 1940 to provide fixed foam systems for above-ground tanks, the provisions of:(a) subclauses (2)–(11), and(b) such of the provisions of sections 9 and 10 of AS 1940 as are not at variance with those subclauses,must be observed. 142 Keeping of carbon disulfide (1) Carbon disulfide must not be kept in or on licensed premises if any other flammable liquid is also kept in or on those premises, unless:(a) the electrical installation and the electrical equipment of the depot or depots where the carbon disulfide is kept conforms to AS 3000 (SAA Wiring Rules) and is approved for the purposes of this paragraph, and(b) nothing in the depot or depots, with the exception of the electrical equipment, has a surface temperature in excess of 90°Celsius.(2) A tank for the keeping of carbon disulfide must:(a) be constructed of welded mild steel, and(b) be within a pit or enclosure, impervious to water and carbon disulfide and having a capacity at least equal to that of the tank (if there is only one) or to the aggregate capacity of all such tanks in the pit or enclosure,and the ullage space in the tank must be kept filled with water or an inert gas.(3) The pit or enclosure referred to in subclause (2) (b) must be kept wholly or partly filled with water. 143 Abandonment of disused underground tanks (1) If an underground tank has been used for the keeping of flammable or combustible liquid and no flammable or combustible liquid has been placed in or taken from it for a continuous period of 6 months, the licensee or occupier of the premises in or on which it is situated must immediately remove any remaining liquid from, and abandon, the tank in compliance with AS 1940.(2) The person abandoning the tank must, within 7 days of the abandonment, notify the WorkCover Authority in writing of the abandonment. If a floating pan is installed in a cone roof tank being a licensed depot for the keeping of dangerous goods, there must not be a foam dam near the wall seal. Division 5 Keeping of dangerous goods of Class 4 145 Goods that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 4 that may be kept in or on the same unlicensed premises is:(a) if the goods are of Class 4.1 Packing Group I or nitrocellulose (UN No 2557)—25 kilograms or less, or(b) if the goods are of Class 4.1 Packing Group II (excluding nitrocellulose (UN No 2557)) or self-reactive substances (UN Nos 3221 to 3240 inclusive)—50 kilograms or less, or(c) if the goods are of Class 4.1 Packing Group III—1 000 kilograms or less, or(d) if the goods are of Class 4.2 Packing Group I—25 kilograms or less, or(e) if the goods are of Class 4.2 Packing Group II or III—1 000 kilograms or less, or(f) if the goods are of Class 4.3 Packing Group I—25 kilograms or less, or(g) if the goods are of Class 4.3 Packing Group II or III—1 000 kilograms or less.(2) For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are that:(a) if any provisions of this Division relate to the keeping of the goods in the quantity prescribed—those provisions, and(b) the provisions of Part 3,are observed in relation to the goods. 146 Dangerous goods of Class 4.1 (being substances that are UN No 2557) (1) Dangerous goods of Class 4.1 (being substances that are UN No 2557), other than goods referred to in clause 145 in the quantities prescribed by that clause, must be kept in a depot that, unless it is a depot referred to in subclause (17), conforms to subclauses (2)–(15). 147 Dangerous goods of Class 4.1 Packing Group I and nitrocellulose (1) Dangerous goods of Class 4.1 Packing Group I and nitrocellulose (other than goods or nitrocellulose referred to in clause 145 in the quantities prescribed by that clause) must be kept in a depot that, unless it is a depot referred to in subclause (5), conforms to subclauses (2)–(4). 148 Dangerous goods of Class 4.1 Packing Group II (other than nitrocellulose) Dangerous goods of Class 4.1 Packing Group II (other than nitrocellulose) must, if kept in or on the same premises in a quantity exceeding 250 kilograms, be kept in a depot constructed of non-combustible material. 149 Dangerous goods of Class 4.1 Packing Group III Dangerous goods of Class 4.1 Packing Group III must, if kept in or on the same premises in a quantity exceeding 1 000 kilograms, be kept in a depot constructed of non-combustible material. 150 Dangerous goods of Class 4.2 Packing Group I (1) Dangerous goods of Class 4.2 Packing Group I (other than goods referred to in clause 145 in the quantities prescribed by that clause) must be kept in a depot conforming to this clause. 151 Dangerous goods of Class 4.2 Packing Group II (1) Dangerous goods of Class 4.2 Packing Group II must, if kept in or on the same premises in a quantity exceeding 50 litres if liquid or 50 kilograms if solid, be kept in a depot conforming to this clause. 152 Dangerous goods of Class 4.2 Packing Group III Dangerous goods of Class 4.2 Packing Group III must not be kept in or on premises within 3 metres of the boundary of the premises if any other premises abutting on that boundary are occupied as a dwelling or for the carrying on of an occupation or activity in which persons are engaged, unless a screen wall having a fire-resistance level of at least 0/120/120 is between the goods and the other premises. 153 Dangerous goods of Class 4.3 Packing Group I (not being substances that are UN No 1411) (1) Dangerous goods of Class 4.3 Packing Group I (not being substances that are UN No 1411) must, if kept in or on the same premises in a quantity exceeding 50 kilograms, be kept in accordance with this clause in a depot being a building, a room in a building or an area conforming to this clause. 154 Dangerous goods of Class 4.3 Packing Group II (1) Dangerous goods of Class 4.3 Packing Group II must, if kept in or on the same premises in a quantity exceeding 200 kilograms, be kept:(a) in approved containers in a structure made of non-combustible material that will protect them from the weather, and(b) away from all dangerous goods not of that class and category and from all combustible materials and substances.(2) The electrical wiring and equipment within the area where the goods are kept and within 3 metres of that area must:(a) be of the standard required by AS 3000 for use in a location of Zone 2, and(b) be approved for use with any gases that might evolve from the goods. 155 Dangerous goods of Class 4.3 Packing Group III Dangerous goods of Class 4.3 Packing Group III must not be kept in or on premises within 3 metres of the boundary of the premises if any other premises abutting on that boundary are occupied as a dwelling or for the carrying on of an occupation or activity in which persons are engaged, unless a masonry screen wall is between the goods and the other premises. 156 Dangerous goods of Class 4.3 (being substances that are UN No 1411) Dangerous goods of Class 4.3 (being substances that are UN No 1411), other than goods referred to in clause 145 in the quantities prescribed by that clause:(a) must be kept in a depot being a package store as described in section 3 of AS 1940 (The storage and handling of flammable and combustible liquids), and(b) must not be kept in a depot in which dangerous goods of Class 3 are kept. Division 6 Keeping of dangerous goods of Class 5 157 Goods that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 5 that may be kept in or on the same unlicensed premises is:(a) if the goods are of Class 5.1 Packing Group I (other than ammonium chlorate)—25 kilograms or less, or(b) except as provided by paragraphs (d) and (e), if the goods are of Class 5.1 Packing Group II (other than pool chlorine kept in or on the premises of a shop for the sale of vehicle fuel by retail)—50 kilograms or less, or(c) except as provided by paragraph (f), if the goods are ammonium nitrate (being dangerous goods of Class 5.1 Packing Group III)—500 kilograms or less, or(d) if the goods are pool chlorine kept exposed for sale by retail in the course of the carrying on of a business of the sale of equipment for, and the supply of services in respect of, swimming pools, and in or on premises, or in an area within premises, solely or principally occupied for the carrying on of that business—1 000 kilograms or less, or(e) if the goods are pool chlorine kept exposed for sale by retail in or on premises, or in an area, not referred to in paragraph (d)—200 kilograms or less, or(f) if the goods are high density fertiliser grade ammonium nitrate prill, being dangerous goods of Class 5.1 kept in or on premises where a rural industry is carried on—25 tonnes or less, or(g) except as provided by paragraphs (d) and (e), if the goods are of Class 5.1 Packing Group III, other than:(i) ammonium nitrate, or(ii) pool chlorine kept in or on the premises of a shop for the sale of vehicle fuel by retail,1 000 kilograms or less, or(h) if the goods are of Class 5.2—20 kilograms or less.(2) For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of:(a) the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause—are that the applicable provisions of:(i) this Division and Part 3, and(ii) AS 4326 (The storage and handling of oxidising agents) or AS 2714 (The storage and handling of hazardous chemical materials—Class 5.2 substances (organic peroxides)),are observed in relation to the goods, and(b) the dangerous goods referred to in subclause (1) (d) and (e) in the quantities prescribed—are, in addition, that the goods are contained in packages each containing not more than 20 kilograms, and(c) the dangerous goods referred to in subclause (1) (d) in the quantity prescribed—are, in addition, that the goods must be separated by a distance of at least 5 metres from:(i) combustible or readily oxidisable materials, and(ii) dangerous goods of Classes 3 and 8 and other dangerous goods of Class 5, and(iii) sulfur, and(iv) powdered metal, and(v) any material that could oxidise the goods or catalyse their decomposition, and(d) the dangerous goods referred to in subclause (1) (f) in the quantity prescribed—are, in addition, that the goods are kept at least 50 metres from every building other than a building in which they are kept.(3) For the purposes of subclause (2) (a) (ii), AS 4326 is to be read as if it also applies to dangerous goods of Class 5.1, being substances that are UN No 1479 or 3139 and are explosive precursors, emulsions or slurries that are based on ammonium nitrate and fuels, with or without other oxidising agents, cross-linkers, pH buffers and water. 158 Dangerous goods of Class 5.1 (1) In this clause, goods means dangerous goods of Class 5.1.(2) Goods must be kept and handled in accordance with the applicable provisions of this Division, Part 3 and AS 4326.(3) Goods must be kept away from combustible or readily oxidisable materials, sulfur and powdered metal.(4) Without limiting the generality of the expression combustible materials, for the purposes of subclause (3) combustible materials include used empty combustible containers for the goods (including paper bags, fibreboard drums, plastics containers and wooden or fibreboard boxes and barrels) and plastics liners used in non-combustible containers.(5) Equipment used for heating purposes must be located so that:(a) goods cannot come into direct contact with a source of heat, and(b) goods cannot be heated to within 15°Celsius of their decomposition temperature.(6) If a depot for goods, not being a tank or a pallet in the depot that may come into contact with goods, is made of a combustible material, the material must have a coating that is compatible with the goods in order to prevent impregnation of the material by the goods. 159 Additional requirements for dangerous goods of Class 5.1 Packing Group I, not being ammonium chlorate (1) In this clause, goods means dangerous goods of Class 5.1 Packing Group I, not being ammonium chlorate.(2) Goods must not be kept otherwise than in closed containers or bins.(3) A depot in which goods are kept must not contain more than one tonne of goods unless it is sprinklered or provided with other appropriate fire protection.(4) A depot in which goods are kept (being a building) must be provided with means by which, in an emergency, fumes escaping from the goods will be vented to the open air and, if the depot contains liquid goods in packagings or solid goods, there must be at least one square metre of vent area for each 50 square metres, or part thereof, of the depot’s floor area. 160 Additional requirements for ammonium chlorate An application for a licence for the keeping of ammonium chlorate (or ammonium chlorate and other goods) in or on premises must set out the reasons why the applicant wishes to keep ammonium chlorate in or on the premises and the safety precautions proposed to be taken in relation to it. 161 Additional requirements for dangerous goods of Class 5.1 Packing Groups II and III (1) In this clause, goods means dangerous goods of Class 5.1 Packing Groups II and III.(2) Dangerous goods of Class 5.1 Packing Group II must be kept in closed containers.(3) If dangerous goods of Class 5.1 Packing Group III are kept in bins or piles they must be separated from all other substances.(4) Bins in which dangerous goods of Class 5.1 Packing Group III are kept must be:(a) non-combustible, or(b) of wood protected with a coating that is compatible with the goods and will prevent impregnation of the bins by the goods.(5) If goods are packaged or packages of goods are opened within a depot, all the depot’s electrical wiring and equipment within 5 metres of the packaging or opening must have a rating not less than IP65 in accordance with AS 1939 (Degrees of protection provided by enclosures for electrical equipment (IP Code)).(6) A depot for goods not in sealed weatherproof containers must be a building or tank or a room or an area in a building.(7) A depot that is not a building or tank must be paved with concrete or an asphalt or bituminous material and the goods in it must be protected from sunlight and the weather by the use of weatherproof containers or otherwise.(8) Wooden pallets or dunnage must not be used for the keeping of chlorites in a depot referred to in subclause (7).(9) Chlorates, chlorites and hypochlorites must be separated by a distance of at least 10 metres from any ammonium salt.(10) A depot, being a building containing goods in a quantity exceeding 1 000 kilograms in combustible containers, must be provided with means by which fumes will be vented to the open air in case of emergency and there must be at least one square metre of vent area for each 100 square metres of the depot’s floor area.(11) Goods, being substances that are UN No 1479 or 3139 (being explosive precursors, emulsions or slurries that are based on ammonium nitrate and fuels, with or without other oxidising agents, cross-linkers, pH buffers and water), in a quantity greater than one tonne must be kept and handled in accordance with the provisions of:(a) AS 4326, excepting that for liquids:(i) any pumping or other handling must be in accordance with the provisions of any code referred to in paragraph (b), and(ii) spill containment may be achieved by an open drainage system that directs spills away from the depot in which the liquids are kept and any storage areas, buildings or combustible material to an area (on the same premises as the depot) where the liquids can be readily collected, and(b) any code of good practice published by the Australian Explosives Manufacturers Safety Committee (such a Code prevails if there is a conflict).(12) If pool chlorine is kept in or on the premises of a shop for the sale of vehicle fuel by retail at a place that is less than 10 metres from a fuel dispensing unit:(a) the quantity of pool chlorine kept for display at any such place in or on the premises must not exceed 100 kilograms, and(b) the pool chlorine must not be repacked at any such place in or on the premises, and(c) the pool chlorine must be kept in approved packagings, each of a capacity not exceeding 5 kilograms, that must not be opened at any such place in or on the premises, and(d) the pool chlorine must be kept separated from all combustible material and in a cool dry place, and(e) the pool chlorine must not be displayed in a driveway for vehicles, and(f) the pool chlorine must be displayed under cover.(13) The separation distance prescribed by clause 107 between a magazine and a depot for the keeping of ammonium nitrate is, in relation to that depot, for the purposes of clause 86 a prescribed separation distance from that magazine. 162 Dangerous goods of Class 5.2 (1) Dangerous goods of Class 5.2 must be kept and handled in accordance with AS 2714, this clause and the applicable provisions of Part 3.(2) Dangerous goods of Class 5.2 must be kept in closed packages or, if the WorkCover Authority so approves (and subject to any conditions it may impose), in a tank or IBC.(3) Dangerous goods of Class 5.2 must not be kept in a depot in which dangerous goods not of that class are kept.(4) Subclause (3) does not apply to dangerous goods of Class 5.2 that are packaged as components of a polyester resin kit (UN No 3269) in accordance with Special Provision No 236 in Appendix 3 to the ADG Code and are kept in a depot for the keeping of dangerous goods of Class 3. Division 7 Keeping of dangerous goods of Class 6 163 Goods that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 6.1 that may be kept in or on the same unlicensed premises is:(a) if the goods are in Packing Group I:(i) 10 kilograms or less in the case of solids, or(ii) 10 litres or less in any other case, or(b) if the goods are in Packing Group II:(i) 100 kilograms or less in the case of solids, or(ii) 100 litres or less in any other case, or(c) if the goods are in Packing Group III:(i) 1 000 kilograms or less in the case of solids, or(ii) 1 000 litres or less in any other case.(2) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 6.2 that may be kept in or on the same unlicensed premises is an unlimited quantity.(3) For the purposes of section 9 (1) (c) of the Act, a person keeping dangerous goods of Class 6.1 or 6.2 in or on unlicensed premises must ensure that the applicable provisions of Part 3 and the following standards are complied with:(a) AS 2507 (The storage and handling of agricultural and veterinary chemicals),(b) AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers),(c) AS 4081 (The storage, handling and transport of liquid and liquefied polyfunctional isocyanates),(d) AS 4452 (The storage and handling of toxic substances). 164 Goods required to be kept in or on licensed premises (1) This clause applies to dangerous goods of Class 6.1 kept in or on licensed premises in quantities of:(a) if the goods are in Packing Group I:(i) more than 10 kilograms in the case of solids, or(ii) more than 10 litres in any other case, or(b) if the goods are in Packing Group II:(i) more than 100 kilograms in the case of solids, or(ii) more than 100 litres in any other case, or(c) if the goods are in Packing Group III:(i) more than 1 000 kilograms in the case of solids, or(ii) more than 1 000 litres in any other case.(2) A licensee who keeps any such goods must ensure that the applicable provisions of this clause, Part 3, AS 2507, AS 3833, AS 4081 and AS 4452 are complied with.(3) Goods of subsidiary risk 3 must be kept in compliance with:(a) the provisions of AS 1940 (The storage and handling of flammable and combustible liquids) relating to the goods, and(b) the provisions of Division 4 as if they were dangerous goods of Class 3. Division 8 Keeping of dangerous goods of Class 8 165 Goods that may be kept in or on unlicensed premises (1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 8 that may be kept in or on the same unlicensed premises is:(a) if the goods are in Packing Group I:(i) 50 kilograms or less in the case of solids, or(ii) 50 litres or less in any other case, or(b) if the goods are in Packing Group II:(i) 500 kilograms or less in the case of solids, or(ii) 500 litres or less in any other case, or(c) if the goods are in Packing Group III:(i) 1 000 kilograms or less in the case of solids, or(ii) 1 000 litres or less in any other case.(2) For the purposes of section 9 (1) (c) of the Act, a person keeping dangerous goods of Class 8 in or on unlicensed premises must ensure that the applicable provisions of Part 3, AS 3780 (The storage and handling of corrosive substances) and AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers) are complied with. 166 Goods required to be kept in or on licensed premises (1) This clause applies to dangerous goods of Class 8 kept in or on licensed premises in quantities of:(a) if the goods are in Packing Group I:(i) more than 50 kilograms in the case of solids, or(ii) more than 50 litres in any other case, or(b) if the goods are in Packing Group II:(i) more than 500 kilograms in the case of solids, or(ii) more than 500 litres in any other case, or(c) if the goods are in Packing Group III:(i) more than 1 000 kilograms in the case of solids, or(ii) more than 1 000 litres in any other case.(2) A licensee who keeps any such goods must ensure that the applicable provisions of this clause, Part 3, AS 3780 and AS 3833 are complied with.(3) Goods of subsidiary risk 3 must be kept in compliance with:(a) the provisions of AS 1940 (The storage and handling of flammable and combustible liquids) relating to the goods, and(b) the provisions of Division 4 as if they were dangerous goods of Class 3. Division 9 Keeping of dangerous goods of Class 9 167 Goods that may be kept in or on unlicensed premises—prescribed quantity For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 9 that may be kept in or on the same unlicensed premises is:(a) if the goods are elevated temperature liquid (UN No 3257)—1 000 litres or less, or(b) in any other case—an unlimited quantity. (1) In this clause, goods means dangerous goods of Class 9 kept in or on the same premises in a quantity of more than 1 000 litres in the case of liquids or more than 1 000 kilograms in any other case.(2) For the purposes of section 9 (1) (c) of the Act, goods must be kept in accordance with subclauses (3)–(5).(3) Goods that are environmentally hazardous substances must be kept in accordance with the applicable provisions of AS 4452 (The storage and handling of toxic substances) as if the goods were in minor storage quantities (except that, if the goods are liquids, spillage containment must be provided in accordance with AS 4452 as if the goods were not in minor storage quantities).(4) Goods that are elevated temperature goods must:(a) be kept away from any protected work, public place, dangerous goods depot or accumulation of flammable or combustible material, and(b) be kept in a manner that will prevent the liberation of flammable, toxic or corrosive vapours in a harmful concentration, and(c) if liquid (other than a liquid referred to in paragraph (d)), be provided with spillage containment to hold not less than:(i) 25 per cent of the storage capacity for the packaged goods kept in or on the premises, or(ii) 100 per cent of the storage capacity of a single tank for the keeping of the goods in or on the premises (or, if there is more than one tank for the keeping of the goods, 100 per cent of the storage capacity of the largest of the tanks), and(d) in the case of liquids that quickly solidify or have a high viscosity at ambient temperature, be provided with bunding or drainage by kerbing or trenches so that, in case of spillage, the goods are prevented from reaching any of the places specified in paragraph (a).(5) Any other goods must:(a) be kept away from any protected work, public place, dangerous goods depot or accumulation of flammable or combustible material, and(b) be kept in a manner that will prevent the liberation of flammable, toxic or corrosive dusts or vapours in a harmful concentration, and(c) if liquid, be provided with spillage containment to hold not less than:(i) 25 per cent of the storage capacity for the packaged goods kept in or on the premises, or(ii) 100 per cent of the storage capacity of a single tank for the keeping of the goods in or on the premises (or, if there is more than one tank for the keeping of the goods, 100 per cent of the storage capacity of the largest of the tanks). Part 6 Conveyance of dangerous goods (1) Subject to clause 3, this Part applies to and in respect of:(a) the conveyance of dangerous goods in a transport container, and(b) the conveyance of dangerous goods through a piping or pipeline.(2) This Part does not apply to or in respect of the conveyance of dangerous goods that are:(a) for the time being in immediate use, or(b) in or on a vessel whose next port of call is not in the State, or(c) in or on a vessel, or in or on a vehicle or other mobile plant, appliance or device, if the goods are necessary for its propulsion or are part of, or necessary for the operation of, its equipment or accessories, or(d) of Class 7.(3) This Part is subject to Part 10 (Special requirements for certain goods). 170 General obligation to observe this Part If a duty to observe any requirements of this Part is not, by this Part, specifically imposed on any person, and the requirements relate to:(a) the conveyance of dangerous goods—it is the duty of the person who conveys the goods to observe those requirements, or(b) a vehicle, vessel or transport container—it is the duty of any person who carries dangerous goods in or on the vehicle, vessel or container to observe those requirements. 171 Safety precautions (general) (1) A person who conveys dangerous goods must, in relation to them while they are being conveyed:(a) take all practicable precautions to prevent the occurrence of accidents through fire, explosion or other causes, and(b) not do any act that may cause fire, explosion, leakage or any other dangerous occurrence and is not reasonably necessary for purposes of, or reasonably incidental to, the conveyance of the goods.(2) A person must not light or bring, or cause or permit to be lit or brought, within 3 metres of any gaseous or liquid dangerous goods of a flammable nature in bulk that are being loaded onto or unloaded from a vehicle or vessel, any fire or artificial light capable of igniting vapour from the goods. 172 Carriage of dangerous goods on public passenger vehicles (1) In this clause, public passenger vehicle means a tram, omnibus or vessel that transports or may transport persons and is available for use by the public.(2) Subject to clause 190, unless otherwise approved, a person must not:(a) carry or cause to be carried in or on a public passenger vehicle, or(b) place, or take with him or her, in or on a public passenger vehicle,dangerous goods of a description set out in Column 1 of the Table to this clause in a quantity in excess of that set out in Column 2 of the Table opposite that description, or dangerous goods of Class 1.1 that are firework composition. 173 Transport of dangerous goods by road vehicles otherwise than on roads (1) In this clause: (1) Except as otherwise prescribed by this Regulation, liquid dangerous goods must not be conveyed in bulk in a tank or a compartment of a tank unless ullage not less than that specified in subclause (2) is left in the tank or compartment. 175 Requirements for tank vehicles (1) A person must not carry liquid dangerous goods in bulk in a tank (including a demountable tank) in or on a vehicle or vessel unless the following requirements are complied with:(a) all fittings on the tank are approved fittings,(b) all fittings are arranged or protected so as to minimise the possibility of breakage in the event of the overturning of, or other accident to, the vehicle or vessel,(c) in the case of a vehicle, the height of the centre of gravity of the greatest quantity of liquid that may lawfully be carried in the tank falls within an isosceles triangle the base length of which, at ground level, is the overall distance between the outside walls of the outside tyres (or, if the vehicle is not equipped with tyres, the outside parts of the wheels) of the major load-carrying axle, and the base angles of which do not exceed 62°,(d) the means of attachment of the tank to the vehicle or vessel:(i) is designed to withstand static loading in any direction equal to twice the mass of the filled tank and attachments using a safety factor of 4, and(ii) anchors the filled tank in such a manner that relative movement between the tank and the vehicle or vessel will not take place if the vehicle or vessel is subjected to a horizontal acceleration of 20 metres per second squared and that undue stresses will not be set up in the tank shell.(2) A person must not carry liquid dangerous goods in a demountable tank in or on a vehicle or vessel unless the following requirements are complied with:(a) the tank is so located in or on the vehicle or vessel that it does not project beyond the outer edge of its load carrying part,(b) the tank is firmly secured, in the case of:(i) a vehicle—to the chassis or to members welded to the chassis, or(ii) a vessel—to the vessel by bolting, approved brackets (of the kind known as container brackets), steel chain or wire rope,(c) the tank has been approved for use with the vehicle or vessel and has on it such means of identification, attached in such a manner, as the WorkCover Authority may require as a condition of the approval. 176 Compartments to be kept closed A person who carries dangerous goods in or on a vehicle or vessel must:(a) while the vehicle is stationary or the vessel is at a berth, moored or at anchor, and except when the goods are being loaded or unloaded into, onto or from it or otherwise handled, ensure that all doors, hatches and coverings of every compartment or hold containing the goods are closed or in place and secured, and(b) take all practicable steps to ensure that no person is in any such compartment or hold except when the goods are being loaded, unloaded or otherwise handled. 177 Identification of piping or pipelines Piping or a pipeline used for the conveyance of dangerous goods must be identified in accordance with AS 1345 (Identification of the contents of piping, conduits and ducts). 178 Pumping of dangerous goods (1) A person who pumps dangerous goods must:(a) take all practicable precautions to ensure that the pump and all pipework associated with it are maintained in good condition and free from leakages, and(b) if a leakage occurs in the pump or pipework, immediately cease pumping and not resume pumping until the cause of the leakage is rectified.(2) A person must not pump dangerous goods of Class 2.1 or flammable liquid between:(a) a tank vehicle, or a tank in or on a vehicle, used or to be used for conveyance of goods in bulk, and(b) a depot being a tank, other than an underground tank,unless the vehicle or the tank, and the pump, are bonded and earthed. Division 2 Conveyance of explosives In this Division: 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. 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. 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. 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: 185 Conveyance of liquid oxygen explosives on public roads prohibited A person must not convey liquid oxygen explosives on a public road. (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. 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. 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. 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. 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. Division 3 Conveyance of other dangerous goods (1) In this clause: 193 Use of plastics or rubber piping or pipelines (1) A person must not use wholly or partly within a building piping or a pipeline:(a) more than one metre in length, and(b) made of plastics or rubber,for the conveyance of dangerous goods of Class 2 at a pressure of or greater than atmospheric pressure.(2) Subclause (1) does not apply to the use of plastics piping or a plastics pipeline for the conveyance of dangerous goods of Class 2.1 or 2.2 at a pressure of or greater than atmospheric pressure if:(a) the piping or pipeline and its fittings and jointing material are appropriate for the goods and their pressure, and(b) the plastics has properties appropriate for the location of the piping or pipeline. 194 Restrictions on taking of tanks and vehicles into buildings (1) In this clause, dangerous goods means dangerous goods of Class 3 Packing Group I or II or dangerous goods of another class whose properties would otherwise satisfy the classification criteria for dangerous goods of Class 2.1 or Class 3 Packing Group I or II.(2) Despite anything to the contrary in a provision of the ADG Code or AS 2809:(a) a person must not take into a building that is enclosed on more than 2 sides a tank (including the tank of a tank vehicle) that has been used for the carriage of dangerous goods unless it has been examined by a competent person and found by him or her to be gas-free since flammable liquid was last present in it, and(b) an inspector may direct a person:(i) not to take into a building enclosed on more than 2 sides a vehicle that has, or that the inspector believes on reasonable grounds to have, in or on it more than 2 000 litres of dangerous goods in packages, or(ii) not to allow the vehicle to remain in such a building,and the person must obey or cause or permit any other person to obey the direction. 195 Pumping from vehicles to above-ground tanks (1) In this clause, dangerous goods means dangerous goods of Class 3 Packing Group I or II or dangerous goods of another class whose properties would otherwise satisfy the classification criteria for dangerous goods of Class 2.1 or Class 3 Packing Group I or II.(2) A person must not pump dangerous goods from a vehicle to an above-ground tank on any premises or place in or on which a rural industry is carried on unless the vehicle is at least 6 metres from the tank. 196 Filling and emptying of tanks on vehicles (1) In this clause, fill and empty mean, in relation to a tank, to place any quantity of dangerous goods into or to remove any quantity of dangerous goods from the tank, respectively.(2) A person must not fill a tank of, in or on a vehicle with dangerous goods of Class 3 or subsidiary risk 3 or empty any such goods from such a tank unless the requirements of this clause, the ADG Code and AS 2809 are observed.(3) Clamps used to effect earthing or electrical bonding must be applied as far as possible from sources of flammable vapour.(4) Except in or on approved premises, the filling must be done:(a) otherwise than through open hatches, and(b) by means of a liquid-tight connection between the fill pipe and the tank.(5) Subclause (2), in so far as it requires compliance with subclause (3), the ADG Code and AS 2809, applies to and in respect of the filling of a tank with a combustible liquid if the tank has contained a flammable liquid and has not been examined by a competent person and found by him or her to be gas-free since flammable liquid was last present in it. 197 Open hatch filling stations (1) In this clause, open hatch filling station means premises approved for the purposes of clause 196 (4).(2) Premises are not eligible for approval under clause 196 (4) unless the buildings, structures and equipment to be used for the filling of tanks in or on the premises are such that:(a) every place where the filling is to take place is at least 15 metres from any highway, road, street, thoroughfare or protected work, and(b) every building in which the filling is to take place is open on at least 2 sides and is adequately vented to prevent accumulation of vapour, and(c) there is at every such place a filling platform having a grating of an approved type on which a person can conveniently stand while operating the filling equipment.(3) The occupier of an open hatch filling station must:(a) at all times maintain it so that it conforms to subclause (2), and(b) take all practicable steps to ensure that a person while operating the filling equipment stands on the grating referred to in subclause (2) (c). 198 Pipelines for the conveyance of dangerous goods of Class 3 (1) In this clause: 199 Conveyance of ammonium nitrate, ammonium perchlorate or ammonium nitrate fertilisers (dangerous goods of Class 5) A person who carries ammonium nitrate, ammonium perchlorate or ammonium nitrate fertilisers in or on a transport container that is in or on, or forms part of, a vehicle on which explosives are also carried must observe the provisions of this Regulation that relate to the carriage of explosives as though the ammonium nitrate, ammonium perchlorate or ammonium nitrate fertilisers were an explosive. Part 7 Marking and placarding of dangerous goods 200 Packagings to be marked and placarded as prescribed (1) In this clause, packaging includes a freight container and a wrapping enclosing a cartridge of blasting explosive or a charge for blasting or any like purpose.(2) A person must not in the course of trade, commerce or industry:(a) place dangerous goods into a packaging, or(b) import into the State, convey, keep or sell dangerous goods in a packaging,if the packaging is not marked or placarded as required by this Part or has on it a mark or writing in contravention of clause 206. 201 Marking of packages containing Class 1 goods A package (whether outer, sole or inner) containing dangerous goods of Class 1 must be marked in accordance with Section 3 of the Australian Explosives Code. 202 Marking of packaging and wrappings (1) An outer or immediate packaging containing dangerous goods that would by its mass or volume be required by the ADG Code to be labelled must be marked with:(a) the class label and subsidiary risk label, if any, for the goods, and(b) the name of the goods or the trade name under which they are sold or used (and, if such a name is not a well-recognised name, the Proper Shipping Name or UN number for the goods).(2) An outer or immediate packaging containing explosives must be marked with the class number, including the decimal fraction and compatibility group, assigned to the explosives in Table 9.1 to the Australian Explosives Code.(3) A wrapping enclosing a cartridge of blasting explosive, or charge for blasting or any like purpose, that does not contain its own means of ignition must be marked with the name of the explosive, or the trade name under which it is sold, and, in upper-case letters, the word “EXPLOSIVE”.(4) A marking prescribed by subclauses (1)–(3) must be in conspicuous letters as large as is reasonably practicable having regard to the size of the package or of the wrapped goods. 203 Labelling or placarding of freight containers, IBC’s and packagings The provisions of the ADG Code relating to the fixing or application of labels or placards to freight containers, IBC’s and packagings containing dangerous goods must be observed. 204 Markings on freight containers containing Class 1 goods A freight container that contains dangerous goods of Class 1 must be marked in accordance with Section 3 of the Australian Explosives Code. 205 Requirements to be cumulative Any requirements of this Part that relate to the marking or placarding of:(a) any one packaging or freight container are additional to each other, or(b) an inner packaging, a wrapping or a case must be observed whether or not the packaging, wrapping or case is in a packaging or freight container required by this Part to be marked or placarded, or(c) a packaging or freight container must be observed whether or not anything in the packaging or container is required to be marked or placarded. 206 Certain markings and writings prohibited Except as required or permitted by this Regulation or by or under any Act, a packaging, freight container, tank or container containing dangerous goods or combustible liquids must not have on it any marking or writing:(a) indicating, or that could reasonably be taken as indicating, the classification of goods under this Regulation, or(b) contradicting any marking required by this Regulation to be on the packaging. Part 8 Packaging of, and containers for, dangerous goods 207 Packagings and intermediate bulk containers to conform to requirements (1) A person must not:(a) place dangerous goods into a packaging or IBC, or(b) import into the State, convey or sell dangerous goods that are in a packaging or IBC, or(c) represent by advertisement in any medium, or otherwise, that a container manufactured or proposed to be manufactured by him or her is or will be suitable for use as a packaging or IBC for any dangerous goods,if any requirements are prescribed by this Part in respect of packagings, IBC’s or containers for those goods and the packaging, IBC or container does not conform to those requirements or has not been approved for use as a packaging, IBC or container for those goods. 208 Packaging and intermediate bulk container requirements (1) A packaging or IBC for dangerous goods of Class 1 must conform to the specifications set out in Section 5 of the Australian Explosives Code.(2) Subclause (1) applies to and in respect of an IBC or an outer or immediate packaging for dangerous goods of Class 1 as if it were a packaging for dangerous goods of Packing Group II.(3) A packaging for combustible liquids must be soundly constructed so as to prevent any escape of the liquids by leakage or otherwise. 209 Special packaging requirements (1) A packaging for dangerous goods of Class 5.1, being pool chlorine intended for display for sale by retail, must not have a capacity greater than 20 kilograms.(2) An inner or immediate packaging, being a packaging for dangerous goods of Class 2, must be:(a) a cylinder of a type listed in AS 2030 (The approval, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases), or(b) an approved welded steel drum, or(c) a refillable container designed and manufactured to withstand without bursting a pressure of at least 7 000 kilopascals and that is equipped with visual or other approved means of indicating to a person filling it when the filling ratio for which it was designed has been reached, or(d) a disposable container designed and manufactured to withstand without bursting a pressure of at least twice the vapour pressure of the contents at 55°Celsius.(3) An outer packaging for dangerous goods of Class 1.1 must have a net mass not exceeding 25 kilograms.(4) An outer or immediate packaging for dangerous goods of Class 1 must, in addition to any requirement in clause 208, conform to the packagings and packing methods specified in Section 5 of the Australian Explosives Code, which must for the purpose of this clause be read as if:(a) a recommendation were a requirement, and(b) a reference to the transport of goods included a reference to the conveyance of goods and the handling of goods in the course of their sale or importation into the State.(5) A portable plastics fuel container for dangerous goods of Class 3 of a capacity of 25 litres or less must comply with the ADG Code or AS 2906 (Fuel containers—Portable—Plastics and metal), clause 1 excepted. (1) An application for an approval referred to in clause 207 (1) in respect of a packaging or IBC for dangerous goods must be made in writing by or on behalf of the manufacturer or importer or proposed manufacturer or importer of the packaging, IBC or goods and accompanied by:(a) particulars of the Packing Group of the goods the packaging or IBC is to contain, and(b) the results of tests carried out by:(i) if prior agreement has been obtained from the WorkCover Authority—the manufacturer or proposed manufacturer of the packaging or IBC, or(ii) in any other case—a laboratory approved for such testing by the National Association of Testing Authorities, Australia,for the purpose of ascertaining whether the packaging or IBC conforms to this Part.(2) The WorkCover Authority must assign an approval number to each approval and notify the applicant of the number. 211 Marking of packagings or intermediate bulk containers (1) A packaging or IBC that has been approved under clause 207 (1) must be marked in accordance with Section 5 of the Australian Explosives Code together with the approval number assigned by the WorkCover Authority under clause 210 (2) in respect of it.(2) The marking prescribed by subclause (1) is additional to any other marking and any labelling prescribed by this Regulation. Part 9 Manufacture of explosives In this Part: This Part (other than clause 232) does not apply to or in respect of the manufacture of safety cartridges, whether or not the cartridges are intended for sale. 214 Obligation to observe this Part If a duty to observe any requirements of this Part that relate to licensed premises is not, by this Part, specifically imposed on any person, the licensee of the premises must observe those requirements or to cause them to be observed. 215 Buildings and installations to comply with this Part (1) Premises must not be licensed under section 19 of the Act unless all buildings and installations in or on the premises conform to this Part.(2) If a building or installation in or on licensed premises does not conform to this Part the licensee of the premises is guilty of a breach of this Regulation. 216 Matters to be included in licence The WorkCover Authority must specify in a licence for premises, as terms or conditions of the licence:(a) the buildings in or on the premises that may be used as process buildings or magazines, and(b) the boundaries of the factory area,and must assign a distinguishing number to each of those buildings and show the numbers on the licence. 217 Matters to be exhibited on process buildings and magazines There must at all times be kept prominently exhibited:(a) in clearly legible figures in or on every process building and magazine in or on licensed premises the distinguishing number assigned to the building or magazine under clause 216, and(b) inside every process building in or on licensed premises a clearly legible notice:(i) if the licence for the premises specifies the maximum quantity of explosives or ingredients for explosives that may be in the building at any one time—to the effect that not more than that quantity of those explosives or ingredients must be in the building at any one time, and(ii) if the licence for the premises specifies the maximum number of persons who may be in the building at any one time—to the effect that not more than that number of persons must be in the building at any one time, and(c) inside every process building in or on licensed premises a clearly legible copy of so much of this Regulation and of any other Regulations, and of any Act, and of the conditions of the licence, as the WorkCover Authority may by notice in writing to the licensee require. 218 Location of process buildings (1) Clause 86 applies to and in respect of a process building in or on licensed premises as if the building were a magazine with a licensed capacity equal to the maximum amount of explosives permitted in the process building.(2) For the purposes of clause 86, the use of a building as a process building is taken to be the use of the building as a magazine. (1) Repairs must not be effected to any part of a process building or magazine in or on licensed premises unless:(a) all explosives and ingredients for explosives have been removed from that part, and(b) that part has been thoroughly cleaned under the supervision of a competent person. If the WorkCover Authority by notice in writing to a licensee of premises so requires in relation to a process building or a part of a process building in or on the premises, the building or part must be equipped with suitable and efficient lightning conductors complying with AS 1768 (Lightning protection). Whenever a thunderstorm appears to be imminent in the vicinity of a process building, every person engaged in or about the building must be withdrawn to a safe distance and the building must be kept closed and locked until the thunderstorm has ceased or the threat of it has passed. 222 Heating of process buildings A process building must not be heated artificially otherwise than by means of steam, hot air or hot water and the heat employed must be generated at a safe distance from the building and every other process building and every magazine. 223 Removal of explosives and materials from process buildings (1) Explosives that have been manufactured in or on licensed premises and are not in immediate use must immediately be despatched from the premises or placed in a magazine.(2) If a process in the manufacture of explosives in a process building has been completed, all substances that have been brought into the building for use in the process but not used, and that are not immediately required for use in another process in the building, must immediately be removed from the building.(3) Everything done under this clause must be done with due care. 224 Removal of foreign matter from ingredients A substance must not be made or mixed into an explosive in or on licensed premises unless it has been thoroughly treated by sifting or other effective means for the detection and removal of all foreign objects or matter that might cause danger if not removed. Tools or other implements must not be used, or allowed to be present, in a process building:(a) unless they are of wood, copper, brass or a soft metal or material, or are covered with a safe and suitable material, or(b) if they are not of a kind necessarily required or are in excess of the number necessarily required for use in the building. 226 Vehicles and other transport A section of a vehicle and a barrow or receptacle in which explosives manufactured in a factory area (or partly mixed ingredients for explosives to be manufactured) are transported within the factory area must:(a) unless otherwise approved, have no exposed iron or steel in its interior, and(b) be closed or covered while the explosives or ingredients are being transported. (1) In this clause, dangerous article means, in relation to a process building:(a) any fire, flame, matches, charcoal, oiled rags, oiled cotton, oiled waste or grit, or(b) any substance or article liable to spontaneous ignition or liable to cause fire or explosion,not being a substance or article used or intended for use in the manufacture of explosives in the building.(2) A person must not:(a) smoke in a process building except in a part in which, under the terms and conditions of the licence for the premises, smoking is permitted, or(b) subject to paragraph (a), take any dangerous article into a process building.(3) A person must, on entering a factory area and before entering any process building in that area, carefully search his or her clothing for dangerous articles.(4) A licensee of premises must, in order to prevent persons employed or engaged in or about a process building in or on the premises from taking dangerous articles into the building in contravention of subclause (2):(a) provide those persons with, and require them to wear whenever they are in the building, approved working clothes without pockets and suitable shoes, or(b) maintain an effective system of search, or(c) take other effective measures. A person under the age of 16 years must not be:(a) employed in a process building, or(b) allowed to enter a process building except in the presence and under the supervision of a person of or over the age of 18 years. 229 Manufacture of explosives from ammonium nitrate and fuel oil (1) A person must not manufacture an explosive by blending together ammonium nitrate and fuel oil, or those and other substances, except in accordance with this clause and AS 2187 (Explosives—Storage, transport and use), Part 2 (Use of explosives). 230 Manufacture of liquid oxygen explosives (1) A person must not manufacture a liquid oxygen explosive except in accordance with this clause. 231 Blending of explosives on site For the purposes of section 20 (2) (d) of the Act, the prescribed manner of blending, at or near the place of use, of the inexplosive components of an explosive not referred to in clause 229 or 230 is that, if the manufacture takes place in or on a vehicle otherwise than by manual power:(a) the vehicle complies with Part 2 of AS 2187 and is approved, and(b) no detonators are in or on it when the manufacture is being carried out. 232 Filling of safety cartridges (1) A person must not fill safety cartridges with gunpowder or other propellant powder:(a) if there is in the place in which the filling is being done more than 2.5 kilograms of propellant powder, except such as is made up into safety cartridges or is in closed packages, or(b) if any work unconnected with the making of the cartridges is being carried on in the place, not being in or on licensed premises, where the filling is being done, or(c) if there is in the place where the filling is being done any fire or artificial light, except a light of such construction, position and character as not to cause any danger of fire or explosion, or(d) if the place in which the filling is done is in or on licensed premises, unless the place is separated from any magazine by such distance as may be specified in the licence for the premises. Part 10 Special requirements for certain goods Division 1 Dangerous goods of Class 2 233 Filling of cylinders (general) (1) A person must not fill a cylinder with dangerous goods of Class 2 unless it:(a) is designed for the pressure to which it is filled, and(b) is stamped in accordance with AS 2030 (The approval, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases) so as to indicate:(i) that it has been inspected at a test station approved under the terms of AS 2337 (Gas cylinder test stations), and(ii) in the case of a cylinder that has previously been filled, that it has been inspected within the time specified in AS 2030 as the maximum period that may elapse between inspections, and(c) if it is of a kind required by AS 2030 to be fitted with a valve and a safety device—is fitted with a valve and a safety device that conform to, and are protected as required by, that Standard.(2) A person who fills a cylinder with dangerous goods of Class 2 must comply with the procedures for filling cylinders and make and retain a record of the filling as required by AS 2030.(3) A person must not fill a container or cylinder with dangerous goods of Class 2 unless he or she is its owner or is authorised to do so by a person who is or appears to be its owner.(4) This clause is subject to clauses 235, 237, 240, 243, 244 and 245. 234 Compressed natural gas refuelling stations A person must not operate a station for the refuelling of compressed natural gas operated vehicles except in accordance with AG 901 (Code of Practice for NGV Refuelling Stations) issued by the Australian Gas Association. (1) A person must not fill a cylinder with acetylene, or compress acetylene, except in accordance with subclauses (2)–(6). 236 Reticulation systems for oxygen or acetylene (1) A person must not install or use a reticulation system for oxygen unless it complies with AS 2896 (Medical gas systems—Installation and testing of non-flammable medical gas pipeline systems) or AS 4289 (Oxygen and acetylene gas reticulation systems).(2) A person must not install or use a reticulation system for acetylene unless it complies with AS 4289. 237 Keeping and handling of gas cylinders (1) A person who keeps cylinders of gas to which AS 4332 (The storage and handling of gases in cylinders) applies must keep and handle them in accordance with that Standard. 238 Positioning of liquefied gas cylinders A person must not keep, convey or use a cylinder containing dangerous goods of Class 2.1, being liquefied flammable gas, unless the cylinder is so positioned that the safety relief device communicates directly with the vapour space in the cylinder. (1) A person must not attach a container or other equipment used in connection with dangerous goods of Class 2 to the outside of a vehicle otherwise than in accordance with an approval given by the WorkCover Authority. 240 Filling containers with gas (1) A person must not fill a container with gas unless it is in good condition and within its test date (where relevant).(2) A person must not keep, handle or convey a cylinder or tank containing liquefied petroleum gas or fill a cylinder or tank with liquefied petroleum gas except in accordance with AS 1596.(3) A person who has filled a disposable or refillable container with gas must:(a) immediately test the container for leakage by immersing it in water that is at a temperature of 55°Celsius or by another suitable method, and(b) immediately after the testing safely dispose of the container if it is found to be leaking. 241 Gas operated portable and mobile appliances (1) Portable and mobile appliances (other than appliances to which the Dangerous Goods (Gas Installations) Regulation 1998 applies) designed to use liquefied petroleum gas must conform to AS 2658 (Liquefied petroleum (LP) gas portable and mobile appliances).(2) A person must not use a portable or mobile appliance designed to use liquefied flammable gas (otherwise than by combustion or chemical reaction) unless its design and construction are approved. 242 Use of liquefied flammable gas in motor vehicle air-conditioning systems (1) A person must not put liquefied flammable gas in the air-conditioning system of a motor vehicle (within the meaning of the Traffic Act 1909). (1) A person must not:(a) keep, handle or convey anhydrous ammonia, or(b) fill a cylinder or tank with anhydrous ammonia,except in accordance with AS 2022.(2) Subclause (1) does not apply to the storage of minor quantities (within the meaning of AS 4332) of anhydrous ammonia if they are stored in accordance with AS 4332.(3) For the purposes of subclause (2), AS 4332 is taken to apply to the storage of minor quantities (within the meaning of AS 4332) of anhydrous ammonia despite clause 1.2 of that Standard. (1) A person must not:(a) keep, handle or convey chlorine, or(b) fill a cylinder or tank with chlorine,except in accordance with AS 2927.(2) Subclause (1) does not apply to the storage of minor quantities (within the meaning of AS 4332) of chlorine if they are stored in accordance with AS 4332.(3) For the purposes of subclause (2), AS 4332 is taken to apply to the storage of minor quantities (within the meaning of AS 4332) of chlorine despite clause 1.2 of that Standard. A person must not:(a) keep, handle or convey liquefied natural gas, or(b) fill a cylinder or tank with liquefied natural gas,except in accordance with AS 3961. 246 Unodorized liquefied petroleum gas A person must not keep, handle or convey unodorized liquefied petroleum gas except in accordance with an approval in writing given by the WorkCover Authority. 247 Work on LP Gas transport containers (1) This clause applies to transport containers used for the carriage of liquefied petroleum gas.(2) An individual must not carry out work on any pipes, fittings or appliances attached to or forming part of a transport container to which this clause applies, except:(a) under the authority of an appropriate supervisor certificate, or(b) under the authority of an appropriate tradesperson certificate and under the general supervision of the holder of an appropriate supervisor certificate, or(c) under the immediate supervision of the holder of an appropriate supervisor certificate. 248 Cylinders and tanks (general) (1) A person who keeps a cylinder containing dangerous goods of Class 2 that is provided with a cap to protect the valve must ensure that the cap is kept in place on the cylinder at all times when it is not being filled and is not connected for use. (1) A person who keeps a cylinder or other container containing dangerous goods of Class 2 must, unless it is connected by permanent piping to a consuming device, ensure that its valve is kept securely closed at all times except when the container is being filled or goods are being taken from it.(2) If, under this Regulation, piping or a pipeline is equipped with one or more excess flow valves, a person must not convey dangerous goods of Class 2 by means of the piping or pipeline unless each valve is set for the minimum diameter of that part of the piping or pipeline that the goods would enter through the valve without first passing through another such valve. 250 Filling of balloons and other containers A person must not, except with an approval in writing given by the WorkCover Authority:(a) fill a balloon or other collapsible container with flammable, toxic or anaesthetic gas, or(b) keep, convey, sell or use a balloon or other collapsible container that contains any such gas. Division 2 Dangerous goods of Class 3 (1) This clause applies to dangerous goods of Class 3 Packing Group II, being potable liquid contained in:(a) tanks, or(b) packagings having a capacity exceeding 20 litres each and an aggregate capacity exceeding 100 litres.(2) If, by a provision of this Regulation, a person is required to observe any requirements of AS 1940 (The storage and handling of flammable and combustible liquids) in relation to dangerous goods of Class 3, he or she must do so as though any exception in respect of goods to which this clause applies were omitted from the Standard. (1) A person must not use for the pumping of flammable liquid a mobile pump powered by an electric motor unless the motor is one that, under AS 3000 (SAA Wiring Rules), is suitable for use in a Zone 2 area as defined in that Standard. 253 Colouring of lighting or home kerosene A person must not sell lighting or home kerosene unless it is coloured blue. 254 Use of certain goods in hairdressing (1) In this clause, hairdressing has the same meaning as in Division 1 of Part 6 of the Factories, Shops and Industries Act 1962.(2) A person engaged in the business of hairdressing must not, in the course of that business, apply or cause to be applied dangerous goods of Class 3 Packing Group I or II to the hair or person of a customer unless the goods are miscible with water in all proportions. 255 Oil fueled heating systems in high rise buildings (1) In this clause: Division 3 Dangerous goods of Class 4 256 Manufacture, repair or use of nitrocellulose products (1) In this clause, nitrocellulose product means dangerous goods of Class 4.1 (being substances that are UN No 2557).(2) A person must not manufacture, repair, manipulate or use a nitrocellulose product in a quantity exceeding 25 kilograms unless he or she:(a) does so in a workroom conforming to prescribed requirements, and(b) observes subclauses (5), (6), (8) and (9). 257 Prohibited goods (safety matches and containers) (1) A person must not manufacture, import into the State for sale or sell safety matches or their containers unless they comply with the performance requirements in AS 3667 (Safety matches and containers—Safety requirements). Part 11 Special requirements relating to ports (1) In this Part: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||