Summary of Dangerous Substances (Safe Handling) Regulations 2008

Dangerous Substances (Safe Handling) Regulations 2008 Background 1. The Dangerous Substances (Safe Handling) Act 2005 (the Act) • The Act is `to provide for the safe handling of dangerous substances, for the safe management of places where dangerous substances are handled and for the safe management of incidents and emergencies involving dangerous substances and for related purposes’. The Act regulates the following activities: o import or export a dangerous substance; o manufacture, process or treat a dangerous substance; o store or keep a dangerous substance; o use of a dangerous substance; o sell, supply, receive or dispense a dangerous substance; o pack a dangerous substance; o mark or label articles, containers or packages of a dangerous substance; o put up placards or signs in relation to a dangerous substance; o possess or otherwise have custody or control of a dangerous substance; o dispose of or render a dangerous substance harmless; o carry out any prescribed activity in relation to a dangerous substance; o the control of handling systems that are used to convey or manage dangerous substances; and o the operation of major hazard facilities and dangerous substances locations. • If you handle dangerous substances in any of these activities, the new legislation applies to you. • The broad areas addressed by the Act are: o the imposition of a safety obligation on everyone, whether on a commercial or non-commercial premises, who handles dangerous substances to minimise risks of harm based on taking reasonable precautions; o the imposition of additional obligations on occupiers of larger facilities called in the Act `major hazard facilities’ and `dangerous substances locations’; o safety obligations (Part 2 of the Act) that apply to occupiers, employees (including contractors, sub-contractors, labour-hire employees, on-hired employees etc.); manufacturers, importers, exporters, suppliers, of a dangerous substance; as well as designers, 1 o o o o o o o o o o o manufacturers, importers, exporters and suppliers of handling systems for dangerous substances; provides for approval of codes of practice that state ways of achieving acceptable levels of risk; classification of facilities as major hazard facilities by the Secretary; the notification obligations of occupiers of possible major hazard facilities; obligations of occupiers of major hazard facilities to carry out systematic risk assessments, emergency plans and procedures and obligation to consult in the development of emergency plans and procedures as well as other obligations in regard to establishing and maintaining competency of persons at the facility, safety management systems and providing information about safety measures; the obligation of occupiers to prepare a `safety report’ that demonstrates that the occupier’s obligations have been met and that risk at the major hazard facility is at an acceptable level; reporting dangerous substances emergencies and to investigate dangerous situations and record the findings; including consulting relevant employees about ways to avoid dangerous situations in the future; the meaning of a `dangerous substances location’ and the obligations of occupiers of a dangerous substances location are provided (Part 5); the administration and enforcement of the Act is provided for in Part 6 and this includes the powers of authorised officers; and directions that may be issued by authorised officers, procedures for investigations and enquiries into major accidents; provisions relating to offence proceedings; and miscellaneous matters such as regulation making powers. 2 2. The Dangerous Substances (Safe Handling) Regulations 2008 (the Regulations) • The Regulations prescribe how risks must be minimised with reference to the national standards and relevant standards (recognised Australian and/or Australian and New Zealand standards) and prescribe how explosives, including fireworks, must be handled. Together, the Act and Regulations provide a legislative framework designed to safeguard people, property and the environment from any harm associated with dangerous substances. Two important standards and codes of practice are incorporated into the regulations and these must be complied with in minimising risk. These are the o National Standard and the National Code of Practice for the Storage and Handling of Workplace Dangerous Goods (abbreviated as the `National Standard’ and the `National Code’; and o National Standard and the National Code of Practice for the Control of Major Hazard Facilities (abbreviated as the `MHF National Standard’ and `MHF National Code’). The incorporation of these national standards and codes aligns Tasmania with all other Australian jurisdictions in the handling of dangerous substances and the control of major hazard facilities to meet our COAG commitment in 2002 to achieve national consistency. The new dangerous substances legislation is based on the premise that the greater the quantity of dangerous substances handled or the more dangerous the substance is, the greater may be the risks involved, so the Act establishes more detailed safety obligations for larger and more complex facilities where quantities of dangerous substances, prescribed by the regulations, are handled. Tasmania’s legislation is based upon the model adopted by Queensland to regulate all facilities. Prescribed quantities are those identified in Schedules to the two national standards. Major hazard facilities (MHFs) are facilities where large volumes or high risk dangerous substances are present in such volumes that, in the event of an incident (such as fire, explosion or release of toxic gas), there will be an impact on the community far beyond the boundary of the facility. Tasmania is a small state but it has many major industries that handle dangerous substances in large quantities, such as mines and minerals processing, timber and paper processing, as well as other manufacturing industries that are distributed throughout the state. Current dangerous goods legislation does not differentiate these possible major hazard facilities from other premises dealing with dangerous substances and there is clearly a need to establish a framework for the control of the risks that they present. • • • • • • 3 • The legislation also regulates explosives. The explosives part of the regulations regulates blasting explosives and pyrotechnics (fireworks) and the people who are authorised to handle explosives. In designing the explosives regulations Workplace Standards Tasmania has taken into account o national directives regarding stringency of regulatory controls of explosives that were agreed by all Australian Premiers and the Prime Minister; o the need for consistency with other States and Territories in explosives regulation; o the need to follow similar processes of notification, risk assessment, safety management systems and emergency plans and procedures that apply to the handling of other dangerous substances in the legislation; o the authorisation of persons to handle explosives and authorisation of explosives; o the need to clearly define authorised purposes for discharging fireworks in fireworks displays; o the need to follow a similar pattern of prescribing key relevant standards to minimise risk that is used in other Parts of the regulations; and o mutual recognition of authorities granted to persons by other states and territories, such as shot-firer’s permits. • Expected benefits to industry The specific benefits for industry to be gained from the implementation of this legislation have been identified in national economic impact assessments to be: • the removal of barriers to interstate and international trade; • the removal of inconsistencies affecting national companies; and • flexibility in the introduction of new technology, products and processes. • The simplified approach of the legislation will give enterprises (including small business) the flexibility of developing controls tailored to their circumstances and the level of risk associated with the quantities of dangerous substances that they handle without being forced to follow prescriptive requirements. By implementing the national standards, the new legislation reduces unnecessary regulatory burden by: o providing requirements that are consistent in approach with occupational health and safety, public health, environmental, and transport requirements; o providing fewer requirements (called `safety obligations’) which are performance-based, as opposed to existing detailed requirements which are prescriptive; o supporting these safety obligations with relevant standards; • 4 o the national standards, relevant standards and consistent authorisation provisions provide a `level playing-field’ for businesses who handle dangerous substances in all sectors; o rationalising and removing existing piecemeal requirements; o removing the requirements for multiple licences and replacing these with notification requirements and processes to classify certain facilities as major hazard facilities; and o creating consistency between legislative requirements across jurisdictions. Expected benefits to the general community • The new legislation requires people to consult with, or notify, other people who may be affected by activities involving dangerous substances. This involvement enables consideration of the broader impact of handling dangerous substances. For instance – o Occupiers of facilities must consult with employees (who include contractors, persons employed on labour-hire contracts or on-hired labour) in developing risk assessment and control documents; safety management systems; emergency plans and procedures; o Occupiers of facilities must consult with employees when changes are planned to occur at the facility; o Occupiers of facilities must consult with other neighbouring industries, emergency services, local fire service, local councils and the community when developing emergency plans and procedures; o Shot-firers must notify the general manager of the local council about blasting plans and councils must provide any information that is relevant to that plan; and o Applicants for fireworks display permits must notify relevant authorities and other persons about proposed fireworks displays. It is widely acknowledged that there is an increasing use of harmful chemicals in our community. The statutory obligation on everyone to take reasonable precautions to minimise the risks of harm is intended to benefit the whole community through: o Reduction of risk to personal and public health; o Reduction of risk to personal, occupational and community safety; and o Environmental benefits. • 5 Structure of the Regulations • The Regulations are in 6 Parts and there are several Schedules – Part 1 – Preliminary Part 2 – Prescribed Quantities Part 3 – Notification Requirements Part 4 – Risk Prevention and Minimisation Part 5 – Explosives Part 6 – Miscellaneous Schedule 1- Prescribed Fees Schedule 2 – Relevant Standards Schedule 3 – Exempt Explosives Schedule 4 – Fit and Proper Person Criteria Schedule 5 – Type 1 (Indoor) Fireworks Schedule 6 – Authorised Purposes of Fireworks Displays Schedule 7 – Standard Conditions of Fireworks Display Permits Schedule 8 – Infringement Notices Offences and Penalties Schedule 9 – Statutory Rules Rescinded Part 1 – Preliminary • This contains the short title of the regulations, provides for their commencement and provides the Interpretation of terms that are used throughout the regulations. (Other interpretations of terms used only in certain Parts are found in the specific Part or division, and in a few cases, terms used in individual regulations may be defined.) Part 1 also contains some general explanations. • Part 2 – Prescribed Quantities • The regulations in this Part prescribe quantities that determine whether a place must be treated as either a major hazard facility (MHF) or a dangerous substances location (DSL). A facility is not a major hazard facility until it is classified as such, so regulation 8 prescribes the quantities that determine whether facilities are possible major hazard facilities (PMHF). Regulation 9 prescribes the quantities according to the MHF National Standard for a facility to be a MHF. The schedules to the MHF National Standard include both individual dangerous substances and classes. Prescribed quantities for a place or facility to be a dangerous substances location (DSL) are based upon Schedule 1 to the National Standard; however, because • • • 6 this standard does not include explosives, regulation 11 includes the prescribed quantities for a place that handles explosives to be a DSL or a large DSL. Part 3 – Notification Requirements • The Act requires that occupiers of certain facilities must notify the Secretary and provides a timeframe for notification. Part 3 of the regulations prescribes how notification must occur. Notification is an important part of processes that determine which facilities may be possible MHF and the subsequent classification process. There are regulations for the notification of o MHF modifications, o Possible LDSL o Upgrades of facilities that may lead them to becoming possible MHF of large DSL and o Certain maritime loading and unloading of Class 2.1 or 3 dangerous goods (classed according to the ADG Code). A regulation requires that the Secretary keeps a register of notifications. • • Part 4 – Risk Prevention and Minimisation This Part contains important regulations about how to minimise risk which is the primary safety obligation of the legislation. Failure to comply with safety obligations under the Act and these risk minimisation regulations are offences, punishable by the highest level of penalties. • The regulations prescribe that occupiers of all facilities must comply with the National Standard and National Code as well as relevant standards that are listed in Schedule 2 and any codes of practice that the Minister approves. Failure to comply with these standards and codes, because they are incorporated into the regulations, is an offence. In addition to complying with the National Standard and National Code, occupiers of MHF must comply with the MHF National Standard and the MHF National Code and relevant standards. The National Standard, National Code, MHF National Standard and MHF National Code, can be found on the federal workplace health and safety website (Safe Work Australia) - www.ascc.gov.au. - or go to the Workplace Standards Tasmania website – www.justice.tas.gov.au/wst and follow the link. The relevant standards are listed in Schedule 2 to the Regulations. Ensuring and maintaining safe separation distances are important in minimising the risk of harm. The National Standard and Code contain clauses about 7 • • • • separation and isolation and these general obligations must be followed; however, this Part contains a specific regulation that requires an occupier of a facility to maintain the safe separation distance from protected works according to relevant standards. • Occupiers of any facility must eliminate or minimise risk associated with atmospheric contaminants. In case of illness or harm caused by an atmospheric contaminant, occupiers must disclose information about the dangerous substance to enable proper medical treatment. All facilities must have a site map. Larger facilities – those that are MHF or large DSL – must have a manifest. (The notification form used by possible MHF and possible LDSL to notify the Secretary will ask occupiers to provide a site plan and the manifest is used as the basis for working out whether the facility meets the prescribed quantities for DSL or MHF according to the Schedules to the National Standard and the MHF National Standard.) Quantities less than placarding quantities in Schedule 1 of the National Standard are minor quantities for the purposes of the legislation. Regulations prescribe how retail places, non-retail commercial places and non-commercial places are to minimise risk, according to the relevant Appendix to the National Code. Risks associated with supplying dangerous substances to a defective handling system are addressed in the final regulation in this Part. A supplier must not supply a dangerous substance to a handling system if there is evidence at the point of supply that the handling system may be unsafe. In the event that the supplier refuses supply, the occupier must be informed and the occupier must make the handling system safe before supply can be resumed. If there is any dispute about the safety or otherwise of the handling system, the dispute may be referred to an authorised officer who can issue a direction. • • • Part 5 – Explosives • This Part of the Regulations has been drafted to meet Tasmania’s commitment to the Council of Australian Governments’ agreement and direction to ensure that there is stringent and consistent regulation of explosives throughout Australia . Tasmania’s legislation attempts to achieve consistency by: o the incorporation of the Australian Explosives Code (AEC); o the use of the Australian Standard AS 2187 Explosives – Storage, transport and use; o authorisation of people and explosives; and o similar training and accreditation provisions. The Part is the longest part of the regulations and is sub-divided into a total of 11 divisions that deal with: o Authorisations of explosives o Authorisations of persons – shot-firers, accredited shot-firing course providers 8 o Activities associated with the handling of explosives – blasting, preparation of blasting plans (that correspond to the obligation to have a safety management system), notification, manufacturing, storage, fireworks import, sale and supply; discharge of fireworks o Permits – shot-firers, blasting permits, fireworks display permits and standard conditions for these permits built upon the principle of minimising risk. • • The Preliminary division is introductory in nature and deals with definitions of terms used throughout this Part. Division 2 explains the application of the Part – establishing to whom, what and how these regulations apply. Explosives safety obligations are in addition to all the general risk minimisation provisions prescribed in Part 4. That means a person who handles explosives must comply with both Part 4 and Part 5 to minimise risk. • Division 3 establishes authorisation provisions: o An explosive must be authorised; o A person must not handle an explosive that is not an authorised explosive; and o A person must have a permit to handle an unauthorised explosive. Division 4 establishes key handling obligations for explosives, including fireworks. A person must comply with: o AS 2187 o Manufacturer’s instructions o The AEC o Relevant standards (listed in Schedule 2) o AS 3846 – The Handling and Transport of Dangerous Cargoes in Port Areas o MPU code • Some general handling obligations apply to all explosives: others to `general explosives’. `General explosives’ do not include fireworks and the distinction is made to enable some activities in relation to fireworks that are not permitted in relation to other explosives. For example, while display of general explosives is prohibited, some limited display of fireworks (in unopened packages in locked cabinets etc) is permitted. • Division 5 includes regulations about manufacture and storage including – o Mobile processing units; o safety cartridges; magazines; o AEC containers; placarding; and o securing explosives on the day of firing etc. Division 6 –prescribes how to deal with defective explosives. • 9 • Division 7 – Records – Record keeping applies to handling all explosives: o Export and Import Records must be kept for all explosives for a period of 5 years. This is to enable an authorised officer at any time to check the flow of explosives into and out of Tasmania. o Sales and Purchase Records must be kept for all explosives. A purchaser must obtain a receipt from the seller for the purchase and keep the receipt - if it is for Type 2 fireworks, for at least 12 months; if it is for any other purchase, at least 5 years. A person who sells explosives has similar obligations to keep sales records for a period of five years. • Division 8 – Shot-firing o Only authorised persons may handle explosives. o Only shot-firers are authorised to prime and fire explosives. Failure to be authorised is a serious offence subject to penalty. Only persons who are authorised may handle fireworks. o Authorisation is provided through permits that may be applied for. o For the first time, these regulations formally establish different categories of shot-firing (called endorsements). (These may have been previously recognised in practice but were not spelled out in regulation.) o Endorsements are essential as evidence of competency in various handling activities. o Provisions are made to recognise interstate authorisations, renewals, variations by the addition or removal of endorsements and cancellations or suspension of shot-firer’s permits. o Shot-firing instructors and trainees have key obligations in relation to accredited shot-firing training o A corporation or individual may apply to become an accredited shot-firing trainer and several regulations deal with what accreditation authorises as well as the processes of application, accreditation, renewal, variation, transfer, suspension or cancellation of accreditation o There is also a provision regarding the obligations to monitor trainees Division 9 – Shot-firer training • Regulations are prescribed for shot-firer training to ensure that persons handling explosives are competent. o Shot-firing courses must be accredited. o Persons providing shot-firing courses must be accredited. o Persons being directed to, or wishing to undergo shot-firer training must undergo that training only by an accredited shot-firer training provider o A person must not receive training in shot-firing without the Secretary’s approval. o These accreditation provisions provide the Tasmanian community with the reassurance that any person who handles explosives has undergone appropriate training and we can rely upon their competence. `Fit and proper’ provisions also provide assurance. o Applicants must – 10 be a fit and proper person be an adult or at least 17 years, 9 months old when applying have a legitimate need to undergo training in shot-firing of the relevant category in order to gain or retain employment o Applications must be made to the Secretary for accreditation of the person as a trainer and the shot-firer training course o Accreditation of a shot-firing instructor is personal and non-transferable o Accreditation may be cancelled or suspended for certain reasons • Division 10 - Blasting o A person commissioning any blasting must have adequate insurance o A person must not commission or carry out any blasting without a blasting plan o There are two types of blasting: `general blasting’ and `limited blasting’ o A shot-firer must prepare a blasting plan for general and limited blasting operations o The content of a blasting plan is prescribed and includes such things as the person commissioning the blast, the purpose of the blast, particulars of blast insurance, the shot-firer performing the blast and details of the date, time and place of the blasting. o A shot-firer must notify the general manager of a council of the blasting and take into account any information that the council provides o An authorised officer may require the production of a blasting plan o If there is a dispute about the blasting plan or the directions provided by the council, the dispute may be referred to an authorised officer / the Secretary. o If an unplanned emergency blast needs to be carried out, the Secretary may exempt a person from the provisions of this division. • • • Division 11 – Fireworks Fireworks are explosives. This division includes provisions for the discharge of fireworks and authorisation provisions that prescribe who may discharge which fireworks as well as the authorised purposes for a fireworks display. Fireworks are grouped into three types traditionally in Tasmania – type 1 fireworks are unrestricted and are suitable for indoor use, comprising sparklers, throw-downs, party-poppers, bon-bons and the like; type 2 fireworks are available to general consumers on a permit that authorises the acquisition and use of a range of outdoor fireworks for authorised purposes. These are limited in explosive quantity and pose minimum risk to people, property and the environment if used appropriately. Type 3 fireworks are those which exceed the specifications for type 2 and these are available only to pyrotechnicians (shotfirers with pyrotechnics endorsement). Type 3 fireworks are security-sensitive explosives under the Security-sensitive Dangerous Substances Act 2005 and persons handling Type 3 fireworks must have a SSDS permit or responsible worker ID card and comply with SSDS requirements. • The division is sub-divided into several sub-divisions – 11 1. Preliminary – which contains an interpretation of terms used 2. Use of fireworks • • A person must not use Type 3 fireworks unless they are a pyrotechnician (i.e. a shot-firer with pyrotechnician endorsement) The Types of fireworks are o Type 1 (non-restricted) fireworks – set out in a Table at Schedule 5. o Type 2 (which are defined according to AS 2187.3) o Type 3 (professional event or display fireworks that exceed the specifications of Type 2) 3. Fireworks displays • • A fireworks display permit authorises one display (either for Type 2 or Type 3 fireworks). Fireworks display permits may be issued only for authorised purposes – these are listed in Schedule 6. Apart from Commonwealth Day celebrations (24 May) and New Year’s Eve celebrations when permits may be issued for individual family or small social gatherings, the authorised purposes focus on community or cultural events. A fireworks display permit authorises the purchase of fireworks. A fireworks display must not be held unless the person has a fireworks display permit. The permit is issued for one display and is subject to standard conditions in addition to any conditions that the Secretary may impose. The holder of the permit must comply with the standard conditions (set out in Schedule 7) and any additional or varied conditions imposed by the Secretary. These conditions correspond to the objectives of the legislation to ensure the minimisation of risks of harm to persons, property and the environment that are associated with discharging fireworks in a fireworks display. The standard conditions require that a display include general notification and publicity conditions such as giving public notice of a planned display; and consulting relevant public authorities. The timing and duration of the display are regulated. A display must last no longer than 30 minutes duration in one consecutive period and they must be conducted within specified timeframes. The standard conditions also address the control of risks associated with fire, damage to property or harm to people: • • • • • • 12 • o Consistent with other regulations for the safe handling of dangerous substances, there are important separation distances from `protected works’ and places where other dangerous substances are handled to be observed when conducting a fireworks display. o The holder of the permit, a responsible adult and the nominated pyrotechnician if the display involves type 3 fireworks all have responsibility for supervision and control of the display and to ensure that the conditions of the display are met. These responsibilities reflect the general safety obligations according to the Act that all persons who handle dangerous substances have a safety obligation to prevent harm to people, property and the environment. o Certain persons, such as the holder of the permit, a responsible adult and a pyrotechnician have responsibilities for supervising and managing the safety of the display; and cleaning up and disposal of unused and misfired fireworks afterwards. o Incidents or injury caused by fireworks must be reported to an authorised officer, in the same way that a dangerous situation or emergency associated with other dangerous substances must be reported. Failure to comply with any of the permit conditions is an offence and penalties include the issue of infringement notices for clear breaches of the conditions. This sub-division includes standard regulations for applications for a permit, including provisions for refusal of the permit, surrender, variation and cancellation of permits. A regulation provides for a substitute pyrotechnician (for Type 3 fireworks) if for some reason the pyrotechnician is unable to conduct the display planned. A provision enables rescheduling of fireworks displays in certain circumstances. • • • 4. Sale and supply of fireworks • Only pyrotechnicians may import, manufacture, sell or supply Type 2 and Type 3 fireworks. This regulation follows the Act that makes it a safety obligation on an importer and supplier to ensure that a dangerous substance is safe and safe to use. A pyrotechnician has knowledge and training in being able to classify a firework correctly and is able to pass information on to a purchaser about the safe use of the products. Only pyrotechnicians may purchase or acquire Type 3 fireworks. Type 3 fireworks are classed as `security-sensitive explosives’ that are regulated by the Security-sensitive Dangerous Substances Act 2005. A pyrotechnician who handles Type 3 fireworks must also comply with the provisions of the Securitysensitive Dangerous Substances Act in respect of authorisations, secure storages, security plans, and so forth. • • 13 • • There are restrictions on the retail display of fireworks for safety and security reasons. A supplier who sells fireworks by retail must ensure that no more than 200kg gross weight Type 2 fireworks are stored on the retail premises at any time. This is to prevent the risk of harm from a mass explosion occurring. Type 3 fireworks must not be kept on a retail premises. AS 2187.3 is prescribed for the classification, testing and safe handling of Type 2 fireworks in retail premises. • • 5. Miscellaneous handling restrictions • This sub-division deals with regulations that apply to Type 3 fireworks – manufacture, import, export, storage and how they must be secured on the day of firing. There is also a general regulation prohibiting the use of material that is likely to burn, melt, split, distort, break or shatter in the construction of fireworks mortars. • • Division 12 – Documents o Explosives control documents include – permits authorising a person to handle unauthorised explosives a shot-firing permit a certificate of recognition a certificate of accreditation a notice of approval for a person to undergo training in shot-firing a fireworks display permit. o These regulations prescribe that the holder of any of these explosives control documents must notify the Secretary if the document is stolen, lost or destroyed; a replacement may be issued subject to a prescribed fee. o These documents must not be lent, transferred or allowed to be used by another person. o If asked to produce the explosives control document, the holder must produce the document immediately. Penalties and Prescribed Fees • Penalties for failure to comply with regulations are commensurate with the seriousness and level of risk associated with dangerous substances and they are generally consistent with the levels of penalties imposed by similar legislation in other Australian jurisdictions. . The level of penalties is further based on the seriousness of the offence and the type of regulation according to a hierarchy - • 14 • 1. Risk minimisation – compliance with Australian Standards, relevant standards and specific regulations 2. Authorisation of substances, persons and activities (permits, training) 3. Compliance with authorisation provisions – accreditation etc 4. Making and maintaining records 5. Control of key control documents Accordingly the penalties range from a maximum penalty of 250 penalty units for failure to comply with risk minimisation regulations for a MHF at the high end of the scale down to a maximum penalty of 25 penalty units for an offence against the explosives control documents. Prescribed fees are imposed for notification and application processes. These fees are structured on a cost-recovery basis according to the amount of detailed administrative action that needs to be taken in processing the applications and notifications, the classification procedures and consultation between occupiers and Workplace Standards Tasmania in the development and submission of safety reports. • Schedules The schedules to the Regulations support various parts of the regulations by providing important information (such as relevant standards) and conditions that apply. Your comments upon the Draft Regulations are welcome. Your comments may include whether you support the draft regulations or not; what impact / benefits the draft regulations are likely to have; what the alternatives might be to this form of regulation to achieve the legislative objectives (to prevent harm to people, property and the environment); and whether you identify any omissions, duplications or inconsistencies. Please mark your written submission `Draft dangerous substances regulations’ and send to: Workplace Standards Tasmania – attention Denise Brown PO Box 56 Rosny Park Tas 7018 Submissions must be received by 28 February 2009 15 Drafted in the Office of Parliamentary Counsel CONFIDENTIAL TASMANIA __________ DANGEROUS SUBSTANCES (SAFE HANDLING) REGULATIONS 2008 STATUTORY RULES 2008, No. __________ CONTENTS PART 1 – PRELIMINARY 1. 2. 3. 4. 5. 6. 7. Short title Commencement Interpretation Calculating, &c., quantity of dangerous substance held at MHF, DSL or other facility in more than one form Calculating weight of explosives References to “dangerous occurrence” and “near miss” in National Standard Inconsistencies between codes, &c., and the regulations PART 2 – PRESCRIBED QUANTITIES 8. 9. 10. 11. Handling of dangerous substances – quantity for facility to be PMHF Handling of dangerous substances – quantity for facility to be classified as MHF Handling of dangerous goods and combustible liquids – quantity for place to be DSL Handling of dangerous goods and combustible liquids – quantity for DSL to be LDSL Version 17 14 November 2008 PART 3 – NOTIFICATION REQUIREMENTS 12. 13. 14. 15. 16. Notification of MHF modification Notification of possible LDSL Maritime notification of pipeline loading or unloading of class 2.1 or 3 dangerous goods PMHF and facility upgrade notifications Register of notifications PART 4 – RISK PREVENTION AND MINIMISATION 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Occupier of MHF to ensure acceptable level of risk Occupier of DSL to ensure acceptable level of risk Occupier of MHF, DSL or other facility to ensure safe separation distances Occupier of MHF, DSL or other facility to eliminate or minimise risks from atmospheric contaminants Manufacturers and importers to disclose information essential to medical treatment Occupier to ensure MHF or DSL has site map Occupier to ensure MHF or LDSL has manifest Handling dangerous substances in consumer packages – retail premises Handling dangerous substances in less than placarding quantities – non-retail commercial premises Handling dangerous substances in less than placarding quantities – non-commercial premises Dangerous substances not to be supplied to faulty handling systems PART 5 – EXPLOSIVES Division 1 – Preliminary 28. 29. 30. Interpretation Applications to Secretary – standard requirements Secretary to avoid excessive or sudden regulatory actions 2 Division 2 – Application of Part 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Explosives safety obligations are additional to general safety obligations Exempt explosives Exempt handling – police officers, defence personnel, &c. Explosives not to be handled unless authorised How are explosives authorised? Determination of applications Register of authorised explosives Duration of authorisations Cancellation of authorisations Permits to handle unauthorised explosives Explosives not to be handled contrary to manufacturer’s instructions Explosives not to be handled contrary to Relevant Standards Explosives not to be directly handled near naked flames, &c. Explosives not to be directly handled by smokers Explosives not to be directly handled by intoxicated or incapacitated persons General explosives not to be displayed on retail premises General explosives not to be sold in public places Maritime import and export – port controls MPUs used in manufacture of AN-based explosives not to be left unattended Safety cartridges not to be filled or capped away from manufacturing facility if certain risks present Explosives to be kept in AEC-marked containers What is an approved magazine? Places to be placarded if explosives present Division 3 – Authorisation Division 4 – Key handling obligations Division 5 – Manufacture and storage 3 54. 55. 56. 57. 58. 59. 60. Explosives to be secured on day of firing, &c. Sale of defective explosives Dealing with defective explosives Import records Export records Purchase records Sales records Division 6 – Defective explosives Division 7 – Records Division 8 – Shot-firing Subdivision 1 – Interpretation 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. What is shot-firing? Categories of shot-firing Only shot-firers may prime or fire explosives Applications for shot-firing permits Applications for multiple endorsements General nature of shot-firing permits Renewal of permits Surrender of permits or endorsements Variation of permits Additional endorsements Cancellation of endorsements Cancellation and suspension of permits Recognition of interstate shot-firers Effect of recognition Interpretation Shot-firing courses to be accredited Key obligations of persons imposing training requirements Key personal obligations of shot-firing instructors Subdivision 2 – Shot-firers Division 9 – Shot-firer training 4 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. Key personal obligations of shot-firing trainees Applications for accreditation Matters relevant to grant of accreditation General nature of accreditation Renewal of accreditation Surrender of accreditation Variation of accreditation Transfer of accreditation Cancellation and suspension of accreditation Monitoring of trainees Interpretation Blast insurance Blasting plans Preparation of blasting plans Form of blasting plans Content of blasting plans Powers and rights of councils Municipal notice Municipal directions Municipal injunctions Questions and disputes Secretary may require documents and information Temporary suspension orders Emergency exemptions Compliance with blasting plans and determinations Division 10 – Blasting Division 11 – Fireworks Subdivision 1 – Preliminary 104. 105. 106. Interpretation What are fireworks? Status of Type 3 fireworks stored in magazine in large quantity 5 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. What is a pyrotechnician? Application of Part Restrictions on use of fireworks Fireworks displays not to be held without permit Applications for fireworks display permits What does a permit authorise? General nature of permits Surrender of permits Variation of permits Cancellation of permits Substitute pyrotechnicians Commonwealth Day (Cracker Night) Rescheduling of fireworks displays Only pyrotechnicians may sell or supply Type 2 or Type 3 fireworks, &c. Only pyrotechnicians may purchase or acquire Type 3 fireworks Retail display restrictions Retail sales quantum restrictions Fireworks not to be sold in public places Fireworks retailers to comply with AS 2187.3 Only pyrotechnicians may manufacture, import, export or store Type 2 or Type 3 fireworks Type 3 fireworks to be stored only in packages in approved magazines Type 3 fireworks to be secured on day of firing Construction of fireworks mortars Interpretation Subdivision 2 – Use of fireworks Subdivision 3 – Fireworks displays Subdivision 4 – Sale and supply Subdivision 5 – Miscellaneous handling restrictions Division 12 – Documents 6 131. 132. 133. 134. Form of explosives control documents Loss and replacement of explosives control documents Explosives control documents not to be lent Production of explosives control documents PART 6 – MISCELLANEOUS 135. 136. 137. 138. Instructions to secure explosives on cancellation of entitlement Disclosure of certain private information Infringement notice offences and penalties Statutory Rules rescinded SCHEDULE 1 – PRESCRIBED FEES SCHEDULE 2 – RELEVANT STANDARDS SCHEDULE 3 – EXEMPT EXPLOSIVES SCHEDULE 4 – FIT AND PROPER PERSON CRITERIA SCHEDULE 5 – TYPE 1 (INDOOR) FIREWORKS SCHEDULE 6 – APPROVED PURPOSES OF FIREWORKS DISPLAYS SCHEDULE 7 – STANDARD CONDITIONS OF FIREWORKS DISPLAY PERMITS SCHEDULE 8 – INFRINGEMENT NOTICES OFFENCES AND PENALTIES SCHEDULE 9 – STATUTORY RULES RESCINDED 7 8 DANGEROUS SUBSTANCES (SAFE HANDLING) REGULATIONS 2008 I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Substances (Safe Handling) Act 2005. Dated 200 . Governor By His Excellency's Command, Minister for Planning and Workplace Relations PART 1 – PRELIMINARY 1. Short title These regulations may be cited as the Dangerous Substances (Safe Handling) Regulations 2008. 2. Commencement These regulations take effect immediately after the Dangerous Substances (Safe Handling) Act 2005 commences. 9 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 3 Part 1 – Preliminary 3. Interpretation (1) In these regulations – “Act” means the Dangerous Substances (Safe Handling) Act 2005; “AG” means a code or standard published, and as from time to time amended, by – (a) (b) the Australian Gas Association (ABN 98 004 206 044); or the Australian Liquefied Petroleum Gas Association (ABN 11 002 703 951); or by those 2 Associations jointly; (c) “AS” means a standard published, and as from time to time amended, by – (a) (b) Standards Australia; or Standards Australia and Standards New Zealand jointly, with the prefix AS/NZS; “capacity”, of a container, means the total volume of the space enclosed within the container in litres or kilolitres; “class”, of a dangerous substance, means the number assigned to the dangerous substance under the UN Manual of Tests and Criteria; 10 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 1 – Preliminary r. 3 “DSL offence” means an offence, under these regulations, committed in respect of a DSL; “LDSL offence” means an offence, under these regulations, committed in respect of an LDSL; “major infrastructure” includes – (a) (b) (c) roads; and bridges; and infrastructure for gas, water, waste disposal, electricity and communications services; and railways and infrastructure; and railway (d) (e) (f) wharves, jetties and other permanent berthing facilities; and aerodromes; “manifest quantity”, of any dangerous substance, means the quantity specified for that dangerous substance in column 5 of Schedule 1 of the National Standard; “MHF National Code of Practice” means the National Code of Practice for the Control of Major Hazard Facilities [NOHSC: 2016(1996)] as from time to time amended; 11 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 3 Part 1 – Preliminary “MHF National Standard” means the National Standard for the Control of Major Hazard Facilities [NOHSC: 1014(2002)] as from time to time amended; “MHF offence” means an offence, under these regulations, committed in respect of an MHF; “National Code” means the National Code of Practice for the Storage and Handling of Workplace Dangerous Goods [NOHSC: 2017(2001)] as from time to time amended; “National Standard” means the National Standard for the Storage and Handling of Workplace Dangerous Goods [NOHSC: 1015(2001)] as from time to time amended; “person” includes a body politic; “placarding quantity”, of any dangerous substance, means the quantity specified for that dangerous substance in column 4 of Schedule 1 of the National Standard; “prescribed fee”, for any matter, means the fee prescribed for that matter in Schedule 1; “protected works” following: (a) 12 means any of the a residential building; Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 1 – Preliminary r. 3 (b) (c) (d) (e) (f) a school or other educational institution; a hospital or other medical institution; a retirement home, aged respite centre or other aged care facility; a church or other place of public worship; a cinema, theatre, concert hall or other place of public entertainment; a public building, public park or other public facility; a building or open area in which people are accustomed to assemble; a factory, workshop, office, warehouse, shop or other building, located outside a DSL, LDSL or MHF, where persons are employed; (g) (h) (i) “Relevant Standards” means the Standards listed in Schedule 2; “Tasmania Police” means the Police Service as defined in the Police Service Act 2003. (2) A note in the text of these regulations is for explanatory purposes only and does not form part of these regulations. 13 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 4 Part 1 – Preliminary 4. Calculating, &c., quantity of dangerous substance held at MHF, DSL or other facility in more than one form For these regulations, the total quantity of a dangerous substance that is held at an MHF, DSL or other facility in more than one form – (a) is to be calculated by adding the total number of kilograms to the total number of litres of the dangerous substance; and may be referred to either in kilograms or litres. (b) Note 1: When converting volume to mass, the density is required. Note 2: Gas quantity is calculated according to the water capacity of its container. Note 3: The manifest quantity or placarding quantity for notifications under the Act is calculated according to the overall capacity of the relevant containers. In the case of a liquid, this means the total capacity of the containers, not their safe refill level. 5. Calculating weight of explosives Unless otherwise provided, a reference in these regulations to a quantity of explosives by weight is taken to be a reference to their net explosive quantity. 14 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 1 – Preliminary r. 6 6. References to “dangerous occurrence” and “near miss” in National Standard For these regulations – (a) a reference in the National Standard to a dangerous occurrence is taken to be a reference to a dangerous substances emergency; and a reference in the National Standard to a near miss is taken to be a reference to a dangerous situation. (b) 7. Inconsistencies regulations between codes, &c., and the If a provision of any approved code of practice or of a code, standard, guideline, rule or other document applied, adopted by or incorporated in these regulations is inconsistent with a provisions of these regulations, the provision of these regulations prevails to the extent of the inconsistency. 15 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 8 Part 2 – Prescribed Quantities PART 2 – PRESCRIBED QUANTITIES 8. Handling of dangerous substances – quantity for facility to be PMHF (1) For section 29(2)(a) of the Act, the prescribed quantity is – (a) for a single dangerous substance that is specified in Schedule 1 of the MHF National Standard, a quantity greater than 10% but less than 100% of the quantity specified for that dangerous substance in that Schedule; and for a group of dangerous substances that are each specified in Schedule 1 of the MHF National Standard, any quantity if a calculation of the aggregation rule in respect of those dangerous substances as set out in that Schedule yields a number greater than 0.1 but less than 1. (b) (2) For subregulation (1), the quantity of a dangerous substance is the quantity calculated in accordance with Schedule 1 of the MHF National Standard. 9. Handling of dangerous substances – quantity for facility to be classified as MHF (1) For section 30(1)(a) of the Act, the prescribed quantity is – 16 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 2 – Prescribed Quantities r. 10 (a) for a single dangerous substance that is specified in Schedule 1 of the MHF National Standard, a quantity equal to or greater than the quantity specified for that dangerous substance in that Schedule; and for a group of dangerous substances that are each specified in Schedule 1 of the MHF National Standard, any quantity if a calculation in accordance with the aggregation rule in respect of those dangerous substances as set out in that Schedule yields a number equal to or greater than 1. (b) (2) For subregulation (1), the quantity of a dangerous substance is the quantity calculated in accordance with Schedule 1 of the MHF National Standard. 10. Handling of dangerous goods and combustible liquids – quantity for place to be DSL For section 47(1) of the Act, the prescribed quantity is – (a) for explosives (considered in aggregate, regardless of class, kind or combination), 25 kilograms; and for dangerous goods of any specific kind other than explosives, the placarding quantity; and 17 (b) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 11 Part 2 – Prescribed Quantities (c) for combustible liquids of any specific kind, a quantity equal to or greater than the placarding quantity. 11. Handling of dangerous goods and combustible liquids – quantity for DSL to be LDSL (1) For section 47(3) of the Act, the prescribed quantity is – (a) for a combustible liquid of any specific kind, a quantity equal to or greater than the manifest quantity; and for dangerous goods of any specific kind other than explosives, a quantity equal to or greater than the manifest quantity; and for explosives – (i) 200 kilograms of any (or any combination) of the following: (A) (B) (C) (ii) blasting explosives; Type 2 fireworks; Type 3 fireworks; or (b) (c) 100 kilograms of any (or any combination) of the following: (A) (B) (C) propellant; black powder; safety cartridges; or 18 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 2 – Prescribed Quantities r. 11 (iii) (iv) 500 detonators; or 50 kilograms of any (or any combination) of the following: (A) (B) (C) distress signals; special explosive devices; specialised rockets. (2) In this regulation, the expressions “propellant”, “safety cartridge”, “Type 2 fireworks” and “Type 3 fireworks” have the same meaning as in Part 5 and – “black powder” means propellant powder with classification code 1.1D under the Australian Dangerous Goods Code; “blasting explosive” means an explosive of the kind typically used for blasting in connection with mining, quarrying, road construction and building demolition or similar works; “detonator” means a detonator within the meaning of the Australian Explosives Code; “distress signal” means a flare, rocket or other pyrotechnic device intended for signalling, warning, rescue or like purposes; “flare” includes marine flare, landing flare and railway or highway safety flare (fusee); 19 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 11 Part 2 – Prescribed Quantities “special explosive device” means a smoke generator or bird scarer; “technical rocket” means an avalanche rocket, cloud-seeding rocket, anti-hail rocket, line-carrying rocket, scientific research rocket or any similar kind of rocket (other than a distress signal). 20 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 3 – Notification Requirements r. 12 PART 3 – NOTIFICATION REQUIREMENTS 12. Notification of MHF modification (1) For section 36 of the Act, the notification must – (a) (b) (c) be in an approved form; and give particulars of modifications; and the proposed give particulars of any new dangerous substances proposed to be handled at the MHF after the proposed modifications are made; and if sections 38(1) and (2) of the Act have had to be complied with in respect of the MHF by the time the notification has to be given, be accompanied by the updated systematic risk assessment required by section 38(3) of the Act; and be accompanied by the prescribed fee. (d) (e) (2) The notification must also include a site plan of the MHF and its surrounds, drawn to scale, showing – (a) the location of the MHF by reference to the Geocentric Datum of Australia (also known as “the GDA” or “GDA 94”) as defined in the Commonwealth Gazette No. GN 35, 6 September 1995; and 21 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 13 Part 3 – Notification Requirements (b) all existing and proposed structures within the MHF and the type of structures they are; and any major infrastructure adjoining or in close proximity to the MHF; and any protected works adjoining or in close proximity to the MHF. (c) (d) 13. Notification of possible LDSL For section 48(2) of the Act, the notification must – (a) (b) be in an approved form; and be given to the Secretary within 30 days after the occupier of the place knows or reasonably ought to know that the place is an LDSL; and be accompanied by the prescribed fee. (c) 14. Maritime notification of pipeline loading or unloading of class 2.1 or 3 dangerous goods (1) The master of a vessel must give an authorised officer at least 48 hours’ notice before any class 2.1 or class 3 dangerous substances are loaded onto or off the vessel by means of pipes. Penalty: Fine not exceeding 50 penalty units. 22 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 3 – Notification Requirements r. 15 (2) The notice may, according to circumstance, be given orally (either face-to-face or by marine radio or telephone) or in writing (including writing transmitted electronically by fax or email). In this regulation – “master”, of a vessel, means the person, other than a ship’s pilot, for the time being having command of the vessel; “vessel” includes – (a) (b) (c) a barge or lighter; and a seaplane; and an air cushion vehicle or similar type of craft. (3) 15. PMHF and facility upgrade notifications (1) This regulation applies to – (a) (b) (2) PMHF notifications under sections 33 and 34 of the Act; and facility upgrade notifications section 35 of the Act. under The notification must be accompanied by the prescribed fee. 23 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 16 Part 3 – Notification Requirements 16. Register of notifications (1) The Secretary is to keep a register of the notifications received under – (a) (b) (2) Part 4 or 5 of the Act; and regulation 14. The register is to be kept in such manner as the Secretary determines and, without limiting this, may be kept wholly or partly by use of a computer. The register is not a public register but the Secretary may, on request, provide any of the following entities with access to or copies of or information from the register in a dangerous substances emergency or if satisfied that there are reasonable grounds to do so: (a) (b) (c) an emergency service; Tasmania Police; a council. (3) 24 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 4 – Risk Prevention and Minimisation r. 17 PART 4 – RISK PREVENTION AND MINIMISATION 17. Occupier of MHF to ensure acceptable level of risk The occupier of an MHF must ensure that each of the following is complied with at and in respect of the operation of the MHF: (a) (b) (c) (d) (e) (f) the National Code; the National Standard; the MHF National Code of Practice; the MHF National Standard; approved codes of practice (if there are any); the Relevant Standards. Penalty: Fine not exceeding 250 penalty units. 18. Occupier of DSL to ensure acceptable level of risk The occupier of a DSL must ensure that each of the following is complied with at and in respect of the operation of the DSL: (a) (b) (c) Part B of the National Code; Part B of the National Standard; approved codes of practice (if there are any); 25 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 19 Part 4 – Risk Prevention and Minimisation (d) the Relevant Standards. Penalty: Fine not exceeding 150 penalty units. 19. Occupier of MHF, DSL or other facility to ensure safe separation distances (1) The occupier of an MHF, DSL or other facility must ensure that each dangerous substance at the MHF, DSL or facility is, at all times, separated from protected works by the safe separation distance. Penalty: Fine not exceeding – (a) (b) (c) (2) for an MHF offence, 250 penalty units; or for a DSL offence, 150 penalty units; or for any other offence, 50 penalty units. In this regulation – “safe separation distance”, between the place where a dangerous substance is being stored or used and any protected works, is a distance not less than the applicable separation distance specified in the Relevant Standards. 26 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 4 – Risk Prevention and Minimisation r. 20 20. Occupier of MHF, DSL or other facility to eliminate or minimise risks from atmospheric contaminants The occupier of an MHF, DSL or other facility must ensure that the risks associated with any atmospheric contaminant that is in any way attributable to the operation of the MHF, DSL or facility are – (a) (b) eliminated; or if elimination is not possible, so minimised that the exposure of any person to the atmospheric contaminant does not exceed the limit set in respect of the atmospheric contaminant by the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] as from time to time amended. Penalty: Fine not exceeding – (a) (b) (c) for an MHF offence, 250 penalty units; or for a DSL offence, 150 penalty units; or for any other offence, 50 penalty units. 27 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 21 Part 4 – Risk Prevention and Minimisation 21. Manufacturers and importers to disclose information essential to medical treatment (1) A person who manufactures or imports a dangerous substance must instantly and truthfully disclose the chemical name of its ingredients to a medical officer on demand if, by the demand, the medical officer states or indicates that the information is required for or in connection with the medical treatment of a patient and – (a) the manufacturer or importer knows or reasonably ought to know that the information is not publicly available; or the medical officer states or indicates that he or she has been unable to get the information elsewhere despite making reasonable inquiry or, because of timing, location or some other circumstance, cannot reasonably be expected to get the information elsewhere. (b) Penalty: Fine not exceeding 50 penalty units. (2) (3) A demand under subregulation (1) may be made by any available means. In proceedings for an offence under subregulation (1), it is not a defence to establish that the information demanded was, at the relevant time, in any way commercially sensitive or confidential. In this regulation – (4) 28 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 4 – Risk Prevention and Minimisation r. 22 “medical officer” means – (a) a medical practitioner (being any person holding practising registration under the Medical Practitioners Registration Act 1996); or an ambulance officer (being any person providing ambulance services under the Ambulance Service Act 1982 or on an honorary or volunteer basis); or a nurse (being any person registered or enrolled as a nurse under the Nursing Act 1995). (b) (c) 22. Occupier to ensure MHF or DSL has site map (1) The occupier of an MHF or DSL must ensure that – (a) (b) (c) (d) an accurate site map of the MHF or DSL is prepared; and the site map is kept up to date; and the site map (or a copy of it) is kept at the MHF or DSL at all times; and authorised officers can, on request, consult the site map (or a copy of it) at the MHF or DSL in the performance of their duties; and 29 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 23 Part 4 – Risk Prevention and Minimisation (e) the site map (or a copy of it) is, on request, made readily available to officers of any of the emergency services in a dangerous substances emergency. Penalty: Fine not exceeding – (a) (b) (2) for an MHF offence, 250 penalty units; or for a DSL offence, 150 penalty units. In this regulation – “site map” means a site map containing the particulars specified in clause 40(3) of the National Standard. 23. Occupier to ensure MHF or LDSL has manifest (1) The occupier of an MHF or LDSL must ensure that – (a) (b) (c) (d) a manifest is prepared for the MHF or LDSL; and the manifest is kept up to date; and the manifest (or a copy of it) is kept at the MHF or LDSL at all times; and authorised officers can, on request, consult the manifest (or a copy of it) at the MHF or LDSL in the performance of their duties; and 30 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 4 – Risk Prevention and Minimisation r. 24 (e) the manifest (or a copy of it) is, on request, made readily available to officers of any of the emergency services in a dangerous substances emergency. Penalty: Fine not exceeding – (a) (b) (2) for an MHF offence, 250 penalty units; or for an LDSL offence, 150 penalty units. In this regulation – “manifest” means a manifest containing the particulars specified in clause 40(2) of the National Standard. 24. Handling dangerous substances packages – retail premises (1) in consumer This regulation applies to retail premises where dangerous substances (including fireworks) are being – (a) (b) offered for sale to the general public in consumer packages; or stored in readiness to be offered, on those same premises, for sale to the general public in consumer packages. (2) The occupier of the retail premises must ensure that the dangerous substances are handled in accordance with – 31 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 25 Part 4 – Risk Prevention and Minimisation (a) (b) the National Standard; and Appendix 2 of the National Code. Penalty: Fine not exceeding – (a) (b) for a DSL offence, 150 penalty units; or for any other offence, 50 penalty units. 25. Handling dangerous substances in less than placarding quantities – non-retail commercial premises (1) This regulation applies to commercial premises, other than retail premises, where dangerous substances (including fireworks) are being handled in less than placarding quantities. The occupier of the commercial premises must ensure that the dangerous substances are handled in accordance with Appendix 1 of the National Code. Penalty: Fine not exceeding – (a) (b) for a body corporate, 50 penalty units; or for an individual, 10 penalty units. (2) 32 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 4 – Risk Prevention and Minimisation r. 26 26. Handling dangerous substances in less than placarding quantities – non-commercial premises (1) This regulation applies to premises, other than retail or other commercial premises, where dangerous substances (including fireworks) are being handled in less than placarding quantities. The occupier of the premises must ensure that the dangerous substances are handled in accordance with Appendix 1 of the National Code. Penalty: Fine not exceeding 10 penalty units. (2) 27. Dangerous substances not to be supplied to faulty handling systems (1) This regulation applies if a person – (a) is engaged in, or about to begin, the process of supplying a dangerous substance to a handling system; and becomes aware of a fault in that system, (whether at the point of supply or elsewhere); and knows or reasonably ought to know that, because of the fault, it would be unsafe to continue or begin to supply the dangerous substance to the handling system. (b) (c) (2) The person must not continue or begin to supply the dangerous substance to the handling system. 33 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 27 Part 4 – Risk Prevention and Minimisation Penalty: Fine not exceeding 50 penalty units. (3) The person must notify the following persons of the fault as soon as practicable after becoming aware of it: (a) (b) the occupier of the facility at which the handling system is located; an authorised officer. Penalty: Fine not exceeding 10 penalty units. (4) However – (a) subregulation (3)(a) does not apply if it was the occupier who made the person aware of the fault; and subregulation (3)(b) does not apply if it was an authorised officer who made the person aware of the fault. (b) (5) Nothing is this regulation is to be taken as requiring the person to inspect the handling system for faults before supplying it with the dangerous substance. 34 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 28 PART 5 – EXPLOSIVES Division 1 – Preliminary 28. Interpretation In this Part – “accredited” means accredited Secretary under Division 9; by the “adult” means a natural person who has attained the age of 18 years; “allied Act” means any of the following: (a) (b) (c) the Dangerous Goods Transport) Act 1998; (Safe the Security-sensitive Dangerous Substances Act 2005; the Workplace Health and Safety Act 1995; “AN-based explosive” means – (a) an explosive consisting of a mixture of ammonium nitrate and oil; or any other explosive that consists mainly of ammonium nitrate and is not packaged in the form of a cartridge, plug or stick; (b) 35 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 28 Part 5 – Explosives “appropriate safeguards” means the safeguards imposed or provided for by or under the Act (including those contained in any approved codes of practice or any codes, standards, guidelines, rules or other documents applied, adopted or incorporated in these regulations); “approved magazine” – see regulation 52; “authorised explosive” means an explosive that – (a) (b) is authorised under Division 3; or has, under a corresponding law, equivalent or substantially equivalent authorisation in another Australian jurisdiction; “authorised user”, of explosives, means – (a) (b) a person referred to regulation 63(a), (b) or (c); or in a person acting in accordance with a permit under the Securitysensitive Dangerous Substances Act 2005 in respect of explosives; or a responsible worker within the meaning of the Security-sensitive Dangerous Substances Act 2005 acting in accordance with a permit under that Act in respect of explosives; (c) 36 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 28 “category” means category of shot-firing – see regulation 62; “corresponding law” means a law of the Commonwealth or another State that substantially corresponds to this Part; “directly handle”, explosives, means to handle the explosives in a way that brings the handler into direct or close personal contact with them; “entitlement” means any accreditation, approval, authorisation, permit or recognition under this Part; “exempt explosive” means an explosive specified in Schedule 3; “fireworks” – see regulation 105; “general explosives” means explosives other than fireworks; “interstate shot-firing authority” means a licence, permit, registration, accreditation or other kind of entitlement (other than interstate recognition) to do shot-firing, under a corresponding law; “manufacturing” includes – (a) any formulating, blending, mixing, synthesising, processing or reprocessing associated with manufacturing; and 37 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 28 Part 5 – Explosives (b) any packaging, repackaging or unpacking associated with manufacturing; “Mobile Processing Unit” means a vehicle or a portable piece of equipment (commonly referred to as an MPU but sometimes also as a mobile mixing unit or MMU) specifically designed or adapted for use in manufacturing ANbased explosives in the field; “MPU Code” means the Code of Practice, Mobile Processing Units published, and as from time to time amended, by the Australian Explosives Industry and Safety Group; “propellant” or “propellant powder” means a propellant or propellant powder within the meaning of AS 2187.0; “qualifications” includes expertise, training and experience; “register” means the register of authorised explosives kept under regulation 37; “right of review” – see section 91 of the Act; “safety cartridge” means a safety cartridge within the meaning of AS 2187.0; “shot-firing” – see regulation 61; 38 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 29 “SSDS permit” means a permit issued under Part 2 of the Security-sensitive Dangerous Substances Act 2005; “store” includes keep; “terrorism offence” means an offence under Part 5.3 of the Criminal Code of the Commonwealth; “test” includes trial; “unauthorised explosive” means any explosive other than an authorised explosive; “UNMR” means the Recommendations on the Transport of Dangerous Goods, Model Regulations published, and as from time to time amended, by the United Nations; “valid”, in relation to an interstate shot-firing authority, means that the authority is not suspended, or the subject of any disciplinary or offence proceedings, or the subject of any application for administrative or judicial review against proposed suspension or cancellation. 29. Applications to Secretary – standard requirements An application to the Secretary under this Part must be – (a) in an approved form; and 39 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 30 Part 5 – Explosives (b) supported by such evidence or information as the Secretary requires, either at the time of lodgment or subsequently; and accompanied by the prescribed fee, if any. (c) 30. Secretary to avoid excessive or sudden regulatory actions (1) In imposing a discretionary requirement on a person in respect of any entitlement or activity, under this Part, the Secretary is, as far as practicable consistent with the objects of the Act – (a) to have regard to any mandatory or discretionary requirements that the person must comply with under allied Acts in respect of that or any closely corresponding entitlement or activity; and not to duplicate those requirements or impose overlapping or incompatible requirements or unduly add to the person’s obligations, administrative burdens or costs of compliance in respect of the entitlement or activity under this Part. (b) (2) The Secretary is, as far as practicable consistent with the objects of the Act, to give reasonable notice of the cancellation or suspension of any 40 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 31 entitlement unless satisfied that there is compelling justification for effecting the cancellation or suspension urgently. (3) In this regulation – “requirement” includes a condition of an entitlement. Division 2 – Application of Part 31. Explosives safety obligations are additional to general safety obligations The provisions of this Part are in specific addition to and not in derogation of the provisions of Part 4 as they apply to explosives. 32. Exempt explosives Unless otherwise expressly provided, this Part does not apply to exempt explosives (which include Type 1 fireworks). 33. Exempt handling personnel, &c. (1) – police officers, defence This Part does not apply to the handling of explosives by – (a) an authorised officer or police officer acting in the course of duty; or 41 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 33 Part 5 – Explosives (b) a police officer of the Commonwealth acting in the course of Commonwealth duty; or a police officer of another State or the Commonwealth taking a preventative action for the State; or a member of the Defence Forces of the Commonwealth acting in the course of Commonwealth duty or taking a preventative action for the State; or a member of the Defence Forces of another country taking a preventative action for the State; or a civilian employee of the Commonwealth acting in the course of Commonwealth duty or taking a preventative action for the State. (c) (d) (e) (f) (2) This Part does not apply to the handling of explosives by persons working for or on behalf of the emergency services in so far as the handling relates to the taking of preventative actions. In this regulation – “for the State” means at the request of or with the approval of the Commissioner of Police, the Secretary, the State Emergency Management Controller or any Minister; (3) 42 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 34 “preventative action” means an action that is necessary or incidental to averting, eliminating or minimising, within Tasmania, a dangerous situation, a dangerous substances emergency or some other danger involving explosives. Division 3 – Authorisation 34. Explosives not to be handled unless authorised Except as may be provided by a permit under regulation 40, a person must not handle an explosive that is not an authorised explosive. Penalty: Fine not exceeding 50 penalty units. Note: This regulation relates specifically to the scheme for the safe handling of dangerous substances set up under the Act. As such it is in addition to and not in derogation of other laws of the State governing the possession and use of explosives; nothing in this regulation exempts a person from the need to comply with such other laws. So, for example, a person handling an authorised explosive may also need to hold a permit under the Security-sensitive Dangerous Substances Act 2005 in respect of that handling. 35. How are explosives authorised? (1) The Secretary may authorise an explosive – (a) (b) on the Secretary’s own initiative; or on the application of any person in accordance with regulation 29. 43 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 36 Part 5 – Explosives (2) However, the Secretary may only authorise an explosive if reasonably satisfied that it – (a) (b) (c) has or could have a legitimate use in Tasmania; and should be available for or tested for such use; and can, with appropriate safeguards, be safely handled. (3) If the Secretary thinks it necessary to do so for a proper consideration of an application under subregulation (1)(b), he or she may require the applicant to – (a) (b) do, or arrange for, further tests of the explosive; and furnish the Secretary with the test results. (4) However, a requirement under subregulation (3) does not exempt the applicant or any other person from the other provisions of these regulations as they apply to the testing of the relevant explosive. 36. Determination of applications (1) After considering an application to have an explosive authorised, the Secretary may – (a) (b) 44 refuse the application; or approve the application. Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 37 (2) If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. (3) If the application is approved, the Secretary is to do the following as soon as practicable: (a) determine the date on which the authorisation is to take effect (“date of authorisation”); notify the applicant of the authorisation and the date of authorisation; make an appropriate entry in the register; publish the authorisation and date of authorisation in the Gazette and in such other ways as the Secretary may think fit. (b) (c) (d) (4) The Secretary is also to take the actions referred to in subregulation (3)(a), (c) and (d) if authorising an explosive on his or her own initiative. 37. Register of authorised explosives (1) (2) The Secretary is to keep a register of authorised explosives. The register is to be kept in such manner as the Secretary determines and, without limiting this – 45 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 38 Part 5 – Explosives (a) (b) may be kept wholly or partly on computer; and may be linked to or integrated with similar registers kept under corresponding laws. (3) (4) The Secretary may publish the unrestricted part of the register as the Secretary thinks fit. However, the Secretary is to ensure that any person may, during normal business hours, inspect the unrestricted part of the register free of charge at the principal places where the public may transact business with the Department. In this regulation – “unrestricted part”, of the register, means the entries that do not relate to the design, formulation or ingredients of explosives that are subject to the Security-sensitive Dangerous Substances Act 2005. (5) 38. Duration of authorisations The authorisation of an explosive remains in force until cancelled by the Secretary. 39. Cancellation of authorisations (1) 46 The Secretary may cancel the authorisation of an explosive if reasonably satisfied that – Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 39 (a) (b) (c) the explosive no longer has a legitimate use in Tasmania; or the explosive cannot be safely handled even with appropriate safeguards; or the explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or the explosive is subject to a recall by its manufacturer or importer; or equivalent authorisations have been cancelled or suspended under corresponding laws; or the authorisation was given on the basis of false or questionable information; or there is other compelling justification for the cancellation. (d) (e) (f) (g) (2) The cancellation may be effected – (a) (b) on the Secretary’s own initiative; or on the application of any person in accordance with regulation 29. (3) In the case of an application, the Secretary may – (a) (b) refuse the application; or approve the application. (4) If subregulation (3)(a) applies, the Secretary is to notify the applicant as soon as practicable of – 47 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 39 Part 5 – Explosives (a) (b) (c) (5) the refusal; and the reasons for the refusal; and the right of review. If subregulation (3)(b) applies, the Secretary is to do the following as soon as practicable: (a) (b) determine the date on which cancellation is to take effect; the notify the applicant of the cancellation and the date on which the cancellation is to take effect; make a corresponding amendment to the register; publish the cancellation and date of cancellation in the Gazette and in such other ways, if any, as the Secretary thinks fit. (c) (d) (6) The Secretary must also take the actions referred to in paragraphs (a), (c) and (d) of subregulation (5) if cancelling the authorisation of an explosive on his or her own initiative. An explosive that has had its authorisation cancelled under this regulation is not an authorised explosive. (7) 48 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 40 40. Permits to handle unauthorised explosives (1) (2) (3) A person may apply to the Secretary for a permit to handle an unauthorised explosive. The application must be in accordance with regulation 29. The Secretary may – (a) (b) refuse the application; or approve the application on such conditions as to time, place, supervision, safety, security, scope of handling or otherwise as the Secretary thinks fit (in this regulation referred to as “permit conditions”). (4) (5) To avoid doubt, the application is not capable of being approved unconditionally. If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. (6) If the application is approved, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions; 49 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 40 Part 5 – Explosives (b) if, within a reasonable period, the applicant agrees to the proposed permit conditions (or, failing that, the Secretary and applicant are able to agree on modified conditions) the Secretary is to – (i) issue the applicant with the permit on the proposed (or, if applicable, modified) permit conditions; and inform such other persons of the matter as the Secretary thinks fit; (ii) (c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified conditions), the application is taken to have been refused at the end of that period and the procedure set out in subregulation (5) is to be followed. (7) A permit under this regulation – (a) authorises its holder to handle an unauthorised explosive as specified in the permit; and comes into force as soon as it is issued and, unless sooner cancelled or surrendered, continues in force until midnight of the expiry date determined by the Secretary and specified in the permit; and (b) 50 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 40 (c) (d) (e) (8) may, by notice to its holder, be varied by the Secretary at any time; and may, by notice to the Secretary, be surrendered at any time; and is not renewable or transferable. The holder of a permit under this regulation must not contravene a condition of the permit. Penalty: Fine not exceeding 50 penalty units. (9) The Secretary, by notice, may cancel a permit under this regulation at any time if the Secretary believes on reasonable grounds that – (a) the holder of the permit no longer requires it or can no longer demonstrate a legitimate need for it; or the unauthorised explosive cannot be safely handled even with appropriate safeguards; or the unauthorised explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or the unauthorised explosive is subject to a recall by its manufacturer or importer; or the cancellation is necessary or expedient in the interests of State security or public safety; or having regard to the criteria in Schedule 4 or other matters, the holder of 51 (b) (c) (d) (e) (f) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 40 Part 5 – Explosives the permit is not a fit and proper person to continue holding such a permit; or (g) (10) there is other compelling justification for cancellation. However, the Secretary is not to cancel a permit solely on the ground referred to in subregulation (9)(e) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005. The notice under subregulation (9) is to inform the holder of the permit of – (a) (b) (c) (d) the cancellation; and the reasons for the cancellation; and when the cancellation takes effect; and the right of review. (11) (12) In this regulation – “reasonable period” means a period of at least 7 clear days allowed by the Secretary. 52 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 41 Division 4 – Key handling obligations 41. Explosives not to be handled manufacturer’s instructions (1) contrary to A person must not handle explosives (including fireworks) contrary to their manufacturer’s instructions. Penalty: Fine not exceeding 50 penalty units. (2) However, it is a defence in proceedings for an offence under subregulation (1) in so far as the offence involves the manufacture of explosives if the defendant establishes that – (a) (b) (c) the explosives explosives; and were AN-based a Mobile Processing Unit was used to manufacture the explosives; and there was, at the relevant time, an inconsistency between AS 2187 and the MPU Code; and the manufacturing was, to the extent of the inconsistency, done in accordance with the MPU Code. (d) 42. Explosives not to be handled contrary to Relevant Standards A person must not handle explosives (including fireworks) contrary to the Relevant Standards. 53 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 43 Part 5 – Explosives 43. Explosives not to be directly handled near naked flames, &c. (1) Except as provided by subregulation (2), a person must not directly handle explosives (including fireworks) if he or she is carrying a naked flame or another kind of exposed live ignition source. Penalty: Fine not exceeding 50 penalty units. (2) A person who is using fireworks or safety fuses lawfully does not commit an offence under subregulation (1) merely by striking and using matches or by lighting and using tapers or other kinds of live ignition sources in connection with the immediate firing of those fireworks or safety fuses. 44. Explosives not to be directly handled by smokers A person must not directly handle explosives (including fireworks) if he or she is smoking tobacco or another substance. Penalty: Fine not exceeding 50 penalty units. 45. Explosives not to be directly handled by intoxicated or incapacitated persons A person must not directly handle explosives (including fireworks) if he or she is – 54 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 46 (a) (b) (c) consuming or under the influence of intoxicating liquor; or consuming or under the influence of an intoxicating drug or medication; or by reason of any injury, illness or infirmity of which he or she is aware, incapable of handling the explosives safely. Penalty: Fine not exceeding 50 penalty units. 46. General explosives not to be displayed on retail premises A person must not display general explosives on retail premises. Penalty: Fine not exceeding 50 penalty units. Note: General explosives are those explosives other than fireworks. 47. General explosives not to be sold in public places A person must not sell general explosives in a public place. Penalty: Fine not exceeding 50 penalty units. Note: General explosives are those explosives other than fireworks. 55 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 48 Part 5 – Explosives 48. Maritime import and export – port controls (1) A person importing or exporting explosives in any form (including fireworks) by sea must ensure that – (a) (b) the explosives are imported or exported only through a recognised port; and the explosives are handled in accordance with AS 3846. Penalty: Fine not exceeding 50 penalty units. (2) The port authority for a recognised port must ensure that – (a) any explosives imported or exported through the port are handled in accordance with AS 3846; and the total quantity of explosives within the precincts of the port does not at any time exceed – (i) (ii) the port explosives limit; or such higher limit as the Secretary, after consulting the port authority, may have approved. (b) Penalty: Fine not exceeding 50 penalty units. (3) To determine whether to give an approval under subregulation (2)(b)(ii), the Secretary may require from the port authority a report that – 56 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 48 (a) (b) identifies and assesses the risks, if any, of approving the higher limit; and indicates how those risks can be most effectively and prudently managed and, if possible, mitigated; and contains such technical data, expert evaluations and other material as the Secretary, by the requirement, may specify. (c) (4) In this regulation – “AS 3846” means Australian Standard AS 3846 The Handling and Transport of Dangerous Cargoes in Port Areas as from time to time amended; “port explosives limit” means – (a) for a class 1.1, 1.2, 1.5 or 1.6 explosive, 200 kilograms or such lesser quantity as the relevant port authority may have set; and for a class 1.3 explosive, 2 000 kilograms or such lesser quantity as the relevant port authority may have set; and for a class 1.4 explosive, the quantity, if any, set by the relevant port authority; (b) (c) “recognised port” means a port defined in regulation 5 of the Marine and Safety 57 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 49 Part 5 – Explosives (Pilotage and Navigation) Regulations 2007. Division 5 – Manufacture and storage 49. MPUs used in manufacture of AN-based explosives not to be left unattended A person using a Mobile Processing Unit to manufacture AN-based explosives must not, without reasonable excuse, leave the controls of the Mobile Processing Unit unattended at any time. Penalty: Fine not exceeding 50 penalty units. 50. Safety cartridges not to be filled or capped away from manufacturing facility if certain risks present A person must not fill or cap safety cartridges at any place other than a manufacturing facility if, at the relevant time – (a) (b) there is a naked flame or other exposed live ignition source at that place; or there are more than 2 kilograms of propellant at that place. Penalty: Fine not exceeding 50 penalty units. 58 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 51 51. Explosives to be kept in AEC-marked containers (1) A person who manufactures explosives (including fireworks) at any place must ensure that the explosives are packed and marked in accordance with the Australian Explosives Code. Penalty: Fine not exceeding 50 penalty units. (2) However, it is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that, at the relevant time – (a) the relevant explosives had only just been manufactured and were in the process of being packed and marked in accordance with the Australian Explosives Code; or the relevant explosives were being subjected to a secondary manufacturing or finishing process; or the relevant explosives were in the process of being transferred from one container to another; or a hazard, dangerous situation or dangerous substances emergency made it difficult, impracticable or impossible to comply with that subregulation. (b) (c) (d) 52. What is an approved magazine? (1) For these regulations, an approved magazine is any fixed or portable structure or container that – 59 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 53 Part 5 – Explosives (a) is specifically designed or adapted, in accordance with AS 2187.1, for the safe storage of explosives; and has at least one placard clearly bearing the word “EXPLOSIVES” conspicuously displayed on an external surface of the magazine; and is constructed and maintained accordance with AS 2187.1; and in (b) (c) (d) (e) is secured against unauthorised access; and is not sited or placed next to or among any combustible or flammable material; and is not used for any purpose other than the safe storage of explosives. (f) (2) In this regulation – “container” does not include a container, of the kind commonly known as a “day box”, that is used to hold and move explosives at and about the firing site on the day of their intended use. 53. Places to be placarded if explosives present (1) This regulation applies if there are explosives (including fireworks) at any place. 60 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 53 (2) The occupier of the place must ensure that, while the explosives are at the place – (a) at least one placard clearly bearing the word “HAZCHEM” and the class label of the explosives is conspicuously displayed at each public and private entrance to the place; and each magazine used in connection with the explosives at the place is placarded and marked in accordance with AS 2187. (b) Penalty: Fine not exceeding – (a) (b) (c) (3) for an MHF offence, 250 penalty units; or for a DSL offence, 150 penalty units; or for any other offence, 50 penalty units. In this regulation – “class label”, of an explosive, means its class label within the meaning of the Australian Explosives Code or National Standard; “fireworks” does not include Type 2 fireworks that are lawfully purchased and held in readiness for a fireworks display for which a permit has been issued under regulation 110. 61 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 54 Part 5 – Explosives 54. Explosives to be secured on day of firing, &c. (1) This regulation applies to a person who takes possession of general explosives on any day in order to fire them on that day (in this regulation referred to as “the firing day”). Note: General explosives are those explosives other than fireworks. (2) The person must not leave the explosives unattended on the firing day except to such extent as may be necessary for safety before they are fired. Penalty: Fine not exceeding 50 penalty units. (3) If the person decides not to fire all of the explosives on the firing day or is for any reason prevented from doing so, the person must ensure that – (a) explosives not already fired or placed for firing are transferred to an approved magazine as soon as practicable for overnight storage; and explosives already placed for firing are, if it is safe and practicable to do so, retrieved and transferred to an approved magazine for overnight storage; and if is unsafe or impracticable to retrieve any explosives already placed for firing, the perimeter of the firing site is secured overnight against unauthorised access. (b) (c) 62 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 55 Penalty: Fine not exceeding 50 penalty units. (4) In any proceedings for an offence under this regulation, it is a defence if the defendant establishes that, on the relevant day, he or she only took possession of the relevant explosives in the capacity of an employee or trainee and the act or omission comprising the alleged offence was done at the direction of, or with the express or implied consent of, the defendant’s employer or supervisor. Division 6 – Defective explosives 55. Sale of defective explosives (1) A person must not sell explosives (including fireworks) that the person knows or reasonably ought to know are defective. Penalty: Fine not exceeding 50 penalty units. (2) For subregulation (1), an explosive is taken to be defective if it – (a) is, either by means of specific notice to the seller or general notice to the Tasmanian or Australian public, subject to a recall by its manufacturer or importer; or has, in attempted use, failed to detonate; or (b) 63 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 56 Part 5 – Explosives (c) forms part of the same batch of explosives as an explosive that, in attempted use, has failed to detonate; or is (though not in use) leaking, smoking or sweating; or is incorrectly labelled or packaged; or has labels that (though seemingly correct) are faded, stained, discoloured, damaged or difficult to read; or is in any way damaged or contaminated, or forms part of a batch of explosives that is in any way damaged or contaminated. (d) (e) (f) (g) 56. Dealing with defective explosives (1) This regulation applies if a person knows or suspects that any explosives in the person’s possession or control (including fireworks) are defective. The person must – (a) do whatever can be safely and reasonably done in the circumstances to secure the explosives; and issue warnings and do whatever else can be safely and reasonably done in the circumstances to ensure the immediate safety of any persons; and (2) (b) 64 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 57 (c) do whatever can be safely and reasonably done in the circumstances to deal with any hazard and prevent or minimise any risk of material harm or serious harm occurring; and warn an authorised officer of the defect; and as soon as practicable, warn the explosives’ supplier and manufacturer of the defect. (d) (e) Penalty: Fine not exceeding 50 penalty units. (3) In this regulation – “defective”, explosive, has the same meaning as in regulation 55. Division 7 – Records 57. Import records (1) This regulation applies to all explosives (including fireworks) other than those classified as Class 1.6 under the Australian Dangerous Goods Code. Note: Class 1.6 explosives under the Australian Dangerous Goods Code are articles that are extremely insensitive and do not have a mass explosion hazard. (2) A person must not import an explosive unless, at least 7 clear days before the explosive arrives in Tasmania, the person has – 65 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 57 Part 5 – Explosives (a) (b) prepared an EIR in respect of the importation; and given the Secretary a copy of that EIR. Penalty: Fine not exceeding 25 penalty units. (3) A person who prepares an EIR pursuant to subregulation (2) must – (a) (b) keep the EIR (or a copy of it) for at least 5 years; and during those 5 years, produce the EIR (or a copy of it) on demand for inspection by any authorised officer. Penalty: Fine not exceeding 25 penalty units. (4) In this regulation – “consignor” means the person (other than the shipper, freighter or transporter) from whom explosives being imported have been purchased or obtained; “EIR” means explosives import record, being a record in an approved form relating to the importation of an explosive that – (a) identifies – (i) the explosive and the quantity being imported; and the importer; and (ii) 66 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 57 (iii) (iv) the consignor; and the manufacturer and the date and place of manufacture; and the country or place from which the explosive is being imported; and the SSDS permit or other authority sanctioning the importation; and (v) (vi) (b) certifies that the explosive – (i) is an authorised explosive (or, if applicable, covered by a permit under regulation 40); and is packed in accordance with the Australian Explosives Code; and is in a safe condition to be imported; and is in a safe condition to be transported upon its arrival; and (ii) (iii) (iv) (c) specifies – (i) why the explosive being imported; and is 67 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 58 Part 5 – Explosives (ii) (iii) (iv) how the explosive being imported; and is where the explosive is expected to arrive; and where the explosive is to be held or taken to on its arrival; and (d) identifies or describes the vehicle or mode of transport to be used for the initial transportation of the explosive on its arrival. 58. Export records (1) This regulation applies to all explosives (including fireworks) other than those classified as Class 1.6 under the Australian Dangerous Goods Code. Note: Class 1.6 explosives under the Australian Dangerous Goods Code are articles that are extremely insensitive and do not have a mass explosion hazard. (2) A person must not export an explosive unless, at least 7 clear days before the explosive leaves Tasmania, the person has – (a) (b) prepared an EER in respect of the exportation; and given the Secretary a copy of that EER. Penalty: Fine not exceeding 25 penalty units. 68 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 58 (3) A person who prepares an EER pursuant to subregulation (2) must – (a) (b) keep the EER (or a copy of it) for at least 5 years; and during those 5 years, produce the EER (or a copy of it) on demand for inspection by any authorised officer. Penalty: Fine not exceeding 25 penalty units. (4) In this regulation – “consignee” means the immediate delivery following their export; person taking of explosives “EER” means explosives export record, being a record in an approved form relating to the exportation of an explosive that – (a) identifies – (i) the explosive and the quantity being exported; and the exporter; and the purchaser consignee; and or (ii) (iii) (iv) the manufacturer and the date and place of manufacture; and 69 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 58 Part 5 – Explosives (v) the country or place to which the explosive is being exported; and the SSDS permit or other authority sanctioning the exportation; and (vi) (b) certifies that the explosive – (i) is an authorised explosive (or, if applicable, covered by a permit under regulation 40); and is packed in accordance with the Australian Explosives Code; and is in a safe condition to be exported; and (ii) (iii) (c) specifies – (i) (ii) (iii) why the explosive being exported; and how the explosive being exported; and is is where the explosive is expected to be delivered. 70 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 59 59. Purchase records (1) A person who purchases explosives (including fireworks) must record, in an approved form, the following particulars about the purchase: (a) (b) (c) (d) (e) (f) (g) (h) the date of purchase; the date of delivery; the name and address of the seller; the name and address of each known intermediary (if any); the type of explosives; the quantity purchased; the quantity delivered; if applicable, an explanation of any discrepancy between the quantities specified under paragraphs (f) and (g). Penalty: Fine not exceeding 25 penalty units. (2) A person who makes subregulation (1) must – (a) a record under keep the record (or a copy of it) for – (i) (ii) if the purchase is solely of Type 2 fireworks, at least 12 months; or in the case of any other purchase, at least 5 years; and 71 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 59 Part 5 – Explosives (b) in that period, produce the record (or a copy of it) on demand for inspection by any authorised officer. Penalty: Fine not exceeding 25 penalty units. (3) A person who purchases explosives (including fireworks) must – (a) (b) obtain from the seller a receipt for the purchase; and keep the receipt (or a copy of it) for – (i) (ii) (c) if the purchase is solely of Type 2 fireworks, at least 12 months; or in the case of any other purchase, at least 5 years; and in that period, produce the receipt (or a copy of it) on demand for inspection by any authorised officer. Penalty: Fine not exceeding 25 penalty units. (4) However, it is a defence in proceedings for an offence under subregulation (3) if the defendant establishes that – (a) (b) (5) 72 the defendant made a reasonable attempt to obtain the required receipt; and despite that attempt, the seller failed to provide the defendant with that receipt. In this regulation – Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 60 “intermediary” means a carrier, factor, wholesaler or distributor. 60. Sales records (1) A person who sells explosives (including fireworks) must record, in an approved form, the following particulars about the sale: (a) (b) (c) (d) (e) (f) (g) (h) the date of sale; the date of delivery; the name and address of the purchaser; the name and address of each known intermediary (if any); the type of explosives; the quantity sold; the quantity delivered; if applicable, an explanation of any discrepancy between the quantities specified under paragraphs (f) and (g). Penalty: Fine not exceeding 25 penalty units. (2) A person who makes a record pursuant to subregulation (1) must – (a) keep the record (or a copy of it) for – (i) if the sale is solely of Type 2 fireworks, at least 12 months; or 73 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 60 Part 5 – Explosives (ii) (b) in the case of any other sale, at least 5 years; and in that period, produce the record (or a copy of it) on demand for inspection by any authorised officer. Penalty: Fine not exceeding 25 penalty units. (3) A person who sells explosives (including fireworks) must – (a) (b) issue the purchaser with a receipt for the sale; and keep a copy of the receipt for – (i) (ii) (c) if the sale is solely of Type 2 fireworks, at least 12 months; or in the case of any other sale, at least 5 years; and in that period, produce the copy of the receipt on demand for inspection by any authorised officer. Penalty: Fine not exceeding 25 penalty units. (4) In this regulation – “intermediary” has the same meaning as in regulation 59. 74 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 61 Division 8 – Shot-firing Subdivision 1 – Interpretation 61. What is shot-firing? For these regulations, shot-firing means doing either or both of the following: (a) (b) priming explosives; firing explosives. 62. Categories of shot-firing For these regulations, there are taken to be 8 categories of shot-firing as follows: (a) category 1: underground shot-firing (being the shot-firing involved in tunnelling or in underground or undersea mining); category 2: surface shot-firing (being the shot-firing involved in above-ground quarrying, road construction and opencut mining); category 3: structural shot-firing (being the shot-firing involved in building construction, building demolition and civil engineering work, but with no underground component beyond open excavations of the kind typically required for such things as building foundations, 75 (b) (c) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 63 Part 5 – Explosives dam or canal construction or highway sidings or underpasses); (d) category 4: pyrotechnical shot-firing (being the shot-firing involved in firing fireworks in fireworks displays); category 5: special events shot-firing (being the shot-firing involved in firing cannon or like ordnance at tourism venues or historical re-enactments or musical or theatrical performances); category 6: agrarian shot-firing (being the shot-firing involved in land clearing or other agricultural or forestry operations); category 7: exploratory shot-firing (being the shot-firing involved in geological exploration or in seismological, paleontological or other scientific research or experimentation); category 8: plant maintenance shot-firing (being the shot-firing involved in cleaning boilers, cement mixers or other industrial equipment). (e) (f) (g) (h) Subdivision 2 – Shot-firers 63. Only shot-firers may prime or fire explosives A person must not do shot-firing of any category in Tasmania unless – 76 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 64 (a) the person holds a shot-firing permit that is endorsed for that category of shotfiring; or the person holds an interstate shot-firing authority that is recognised under regulation 73 and the recognition is valid for that category of shot-firing; or the person – (i) is undergoing training in that category of shot-firing in an accredited shot-firing course; and has approval under regulation 88 to undergo such training; and the shot-firing is a requirement of that course. (b) (c) (ii) (iii) Penalty: Fine not exceeding 50 penalty units. 64. Applications for shot-firing permits (1) (2) Any adult may apply to the Secretary for a shotfiring permit. The application must be in accordance with regulation 29 and, additionally, specify each category of shot-firing for which endorsement is sought. The Secretary may – (a) refuse the application; or 77 (3) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 64 Part 5 – Explosives (b) approve the application on such conditions, if any, as the Secretary thinks fit (in this regulation referred to as “permit conditions”). (4) However, the Secretary must not approve the application unless satisfied that the applicant – (a) has satisfactorily completed an accredited shot-firing course in each category of shot-firing for which endorsement is sought; or has satisfactorily completed, in another State, a course in shot-firing of substantially the same kind and standard as an accredited shot-firing course in each category of shot-firing for which endorsement is sought; or is authorised under a corresponding law to do shot-firing of each category for which endorsement is sought. (b) (c) (5) Also, the Secretary must not approve the application unless satisfied that the applicant – (a) (b) (c) is an adult; and has legitimate need of the permit; and is, having regard to Schedule 4 and any other matters the Secretary considers relevant, a fit and proper person to be a shot-firer. 78 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 64 (6) If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. (7) If the application is approved unconditionally, the Secretary is to issue the applicant with the permit as soon as practicable. If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions; if, within a reasonable period, the applicant agrees to the proposed permit conditions (or failing that, the Secretary and the applicant are able to agree on modified conditions) the Secretary is to – (i) issue the applicant with the shotfiring permit on the proposed (or, if applicable, amended) permit conditions; and inform such other persons of the matter as the Secretary thinks fit; (8) (b) (ii) (c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on 79 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 65 Part 5 – Explosives modified conditions) the application is taken to have been refused at the end of that period and the procedure set out in subregulation (6) is to be followed. (9) In this regulation – “reasonable period” means a period of at least 7 days allowed by the Secretary; “transitional period” means the 5-year period immediately after this regulation commences. 65. Applications for multiple endorsements (1) This regulation applies if – (a) an applicant under regulation 64 is seeking a shot-firing permit with more than one endorsement; and the Secretary is disposed to approve the application as regards some but not all of those endorsements. (b) (2) Before refusing the application, the Secretary may ask the applicant whether he or she would be agreeable to the application being processed in modified form so as to exclude those endorsements that are likely to trigger a refusal. If the applicant so agrees – (3) 80 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 66 (a) the Secretary may process the application under regulation 64 as if it were so modified; but the applicant has no right of review in respect of the endorsements that he or she has agreed to have excluded from the application. (b) 66. General nature of shot-firing permits (1) A shot-firing permit – (a) authorises its holder to do, subject to its conditions, shot-firing of each category endorsed on the permit; and comes into force when it is issued and, unless sooner cancelled or surrendered, continues in force for 3 years from the date of its issue or for such shorter period from that date as its holder and the Secretary may agree; and is not transferable. (b) (c) (2) The holder of a shot-firing permit must not contravene a condition of the permit. Penalty: Fine not exceeding 50 penalty units. 67. Renewal of permits (1) The holder of a shot-firing permit may apply to the Secretary for its renewal. 81 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 67 Part 5 – Explosives (2) (3) The application must be in accordance with regulation 29. The application – (a) is to be lodged no later than one month (but no sooner than 3 months) before the permit is due to expire; and may be made even if the permit is suspended. (b) (4) If the application is lodged after the subregulation (3)(a) deadline, the Secretary in his or her absolute discretion may still accept it if – (a) (b) the permit has not expired; and the applicant pays the prescribed late fee. (5) The Secretary may – (a) (b) refuse the application; or approve the application. (6) For the purposes of subregulation (5), the Secretary may have regard to any matter that he or she could or would be required to have regard to if the application for renewal were an application under regulation 64. If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) the refusal; and (7) 82 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 68 (b) (c) (8) the reasons for the refusal; and the right of review. If the application is approved, the Secretary – (a) (b) is to notify the applicant of the approval as soon as practicable; and may issue the applicant with a fresh permit document. (9) If the application is not determined before the day on which the permit would otherwise expire, the permit is taken to continue in force until whichever of the following first occurs: (a) (b) the 2-month period immediately following that day expires; the permit is renewed or its renewal is refused. 68. Surrender of permits or endorsements (1) The holder of a shot-firing permit may, by notice to the Secretary or an authorised officer, surrender the permit or any endorsement on the permit at any time. If the surrender is made through an authorised officer, the authorised officer is to notify the Secretary of it as soon as practicable. The permit or endorsement has no surrender value. 83 (2) (3) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 69 Part 5 – Explosives (4) If just an endorsement is surrendered, the Secretary may issue the holder of the permit with a fresh permit document. The surrender of every endorsement on a shotfiring permit constitutes the surrender of the entire permit. (5) 69. Variation of permits (1) The Secretary may vary a shot-firing permit at any time by – (a) (b) (2) adding new conditions; or varying or removing existing conditions. The variation may be effected – (a) consequent on an application made by the holder of the permit in accordance with regulation 29; or on the Secretary’s own initiative, for reasonable cause, after consulting the holder of the permit. (b) (3) Without limiting what may be relevant for subregulation (2)(b), the Secretary may have regard to the scope, rigorousness and practicality of the existing permit conditions by reference to such things as – (a) developments in shot-firing technology or practice; and 84 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 69 (b) (c) the field experiences of any shot-firers; and changes in the law, or in any relevant code or standard, having implications for shot-firing; and changes in the State’s security environment having implications for shot-firing; and changes in the scope or nature of any relevant category of shot-firing; and workplace safety issues; and permit compliance issues; and matters raised by councils, industry or explosives manufacturers. (d) (e) (f) (g) (h) (4) If subregulation (2)(a) applies and the application is refused, the Secretary is to notify the applicant of – (a) (b) (c) the refusal; and the reason for the refusal; and the right of review. (5) If subregulation (2)(a) applies and the application is approved, the Secretary is to notify the applicant of the approval, the variation and when the variation is to take effect. If subregulation (2)(b) applies, the Secretary is to notify the holder of the permit of – 85 (6) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 70 Part 5 – Explosives (a) (b) (c) (d) the variation; and the reasons for the variation; and when the variation is to take effect; and if the variation has the effect of making the permit more restrictive, the right of review. (7) The variation of a shot-firing permit under this regulation takes effect when the holder of the permit is notified of the variation or at such later time as the Secretary, by the notice, specifies. If the conditions of a shot-firing permit are varied, the Secretary may issue the holder of the permit with a fresh permit document. To avoid doubt, this regulation does not authorise the addition, variation or removal of any endorsement. (8) (9) 70. Additional endorsements (1) (2) The holder of a shot-firing permit may apply to the Secretary for an additional endorsement. The provisions of regulation 64(2), (3), (4), (5) and (6) and regulation 65 apply, with necessary modification, to the application. If the application is approved unconditionally, the Secretary is to issue the applicant with an amended permit with the additional endorsement as soon as practicable. (3) 86 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 70 (4) If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions; if, within a reasonable period, the applicant agrees to the proposed permit conditions (or, failing that, the Secretary and the applicant are able to agree on modified permit conditions) the Secretary is to – (i) issue the applicant with an amended shot-firing permit with the additional endorsement on the proposed (or, if applicable, modified) permit conditions; and inform such other persons of the matter as the Secretary thinks fit; (b) (ii) (c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified permit conditions) the application is taken to have been refused at the end of that period and the procedure set out in regulation 64(6) is to be followed. (5) In this regulation – “reasonable period” means a period of at least 7 days allowed by the Secretary. 87 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 71 Part 5 – Explosives 71. Cancellation of endorsements (1) (2) This regulation applies to a shot-firing permit with more than one endorsement. The Secretary, by notice, may cancel any of the endorsements if the Secretary believes on reasonable grounds that – (a) the holder of the permit no longer requires that particular endorsement or can no longer demonstrate a legitimate need for it; or the conditions of the permit have been contravened in a material or sustained way as regards that particular endorsement; or there is other compelling justification for the cancellation. (b) (c) (3) However, the Secretary’s power under this regulation is not capable of being exercised so as to cancel every endorsement on a shot-firing permit. The cancellation of an endorsement on a shotfiring permit under this regulation takes effect when the holder of the permit is notified of it or at such later time as the Secretary, by the notice, specifies. The notice is to inform the holder of the permit of – (a) the cancellation of the endorsement; and (4) (5) 88 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 72 (b) (c) (d) the reasons for the cancellation; and when the cancellation takes effect; and the right of review. 72. Cancellation and suspension of permits (1) The Secretary, by notice, must – (a) suspend a shot-firing permit if the holder of the permit is charged with a terrorism offence or a crime; and cancel a shot-firing permit if the holder of the permit is convicted of a terrorism offence or a crime. (b) (2) The Secretary, by notice, may cancel or suspend a shot-firing permit at any time if the Secretary believes on reasonable grounds that – (a) the holder of the permit no longer requires it or can no longer demonstrate a legitimate need for it; or it is necessary or expedient to do so in the interests of State security or public safety; or the conditions of the permit have been contravened in a material or sustained way; or (b) (c) 89 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 72 Part 5 – Explosives (d) the holder of the permit has done shotfiring of a category not endorsed on the permit; or having regard to the criteria in Schedule 4 or other matters, the holder of the permit is no longer a fit and proper person to hold such a permit; or there is other compelling justification for the cancellation or suspension. (e) (f) (3) However, the Secretary is not to cancel a shotfiring permit solely on the ground referred to in subregulation (2)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005. In deciding whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard State security and public safety as the paramount considerations rather than the rights and convenience of the holder of the shot-firing permit. The cancellation or suspension of a permit under this regulation takes effect when the holder of the permit is notified of it or at such later time as the Secretary, by the notice, specifies. A notice of cancellation or suspension under subregulation (1) or (2) is to inform the holder of the permit of – (4) (5) (6) 90 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 73 (a) (b) (c) (d) (e) the cancellation or suspension; and the reasons for the cancellation or suspension; and when the cancellation or suspension takes effect; and the right of review; and in the case of suspension, any conditions that must be met before the Secretary will consider revoking the suspension. (7) The Secretary, by notifying its holder, may revoke the suspension of a shot-firing permit at any time. Except for the purposes of an application for its renewal, a shot-firing permit has no force or effect while it is suspended. The cancellation or suspension of a person’s shot-firing permit has the automatic effect of cancelling or correspondingly suspending the person’s accreditation, if any, as a shot-firing instructor. The Secretary may give such persons such notice of the cancellation or suspension of a shot-firing permit as the Secretary thinks fit. (8) (9) (10) 73. Recognition of interstate shot-firers (1) An adult who holds a valid interstate shot-firing authority (in this regulation referred to as “the 91 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 73 Part 5 – Explosives authority”) may apply to the Secretary to have it recognised in Tasmania. (2) The application must be in accordance with regulation 29 and, additionally – (a) (b) (c) specify particulars of the authority; and specify the kind of shot-firing permitted by the authority; and specify which (Tasmanian) category of shot-firing the applicant requires the recognition for; and specify particulars of the shot-firing jobs that the applicant intends or has contracted to do in Tasmania; and specify, if known, the dates or periods, on or during which the applicant intends to do shot-firing in Tasmania; and contain the applicant’s signed consent for the Secretary to seek and be provided with any information the Secretary considers necessary or expedient regarding the interstate shot-firing authority. (d) (e) (f) (3) The Secretary may – (a) (b) refuse the application; or approve the application on such conditions, if any, as the Secretary thinks fit (in this regulation and regulation 74 referred to as “recognition conditions”). 92 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 73 (4) Without limiting the Secretary’s discretion – (a) the application may be refused if – (i) (ii) the authority is about to expire and is not renewable; or the applicant intends to do shotfiring in Tasmania for a period exceeding 6 months or several periods exceeding, in aggregate, 6 months; or the kind of shot-firing permitted by the authority does not correspond, sufficiently or at all, to the (Tasmanian) category of shot-firing for which the recognition is sought; and (iii) (b) the recognition conditions may, if the application is approved, stipulate that the recognition is only valid for – (i) (ii) particular tasks, employers or contracts; or particular types of explosives (including, where applicable, fireworks); or particular days or periods. (iii) (5) Also, the Secretary must not approve the application unless satisfied that the applicant – (a) is an adult; and 93 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 73 Part 5 – Explosives (b) (c) has legitimate need of the recognition; and is, having regard to Schedule 4 and other matters the Secretary considers relevant, a fit and proper person to have the benefit of such recognition. (6) If subregulation (3)(a) applies, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. (7) If subregulation (3)(b) applies, the Secretary is to notify the applicant as soon as practicable of – (a) (b) the approval; and if applicable, the recognition conditions and the applicant’s right of review in respect of those conditions; and when the recognition takes (or, if applicable, has) effect – (c) and issue the applicant with a certificate in evidence of the recognition. (8) The certificate must specify – (a) (b) 94 the category of shot-firing recognition is valid for; and the recognition conditions. the Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 74 (9) A person must not contravene a recognition condition. Penalty: Fine not exceeding 50 penalty units. Note: These “mutual recognition” provisions recognise that there may be times when it is necessary or expedient to allow shot-firers from other jurisdictions to work in Tasmania – where they have special industrial expertise, for example – and these provisions seek to facilitate this. However, if the work is to be on an extended basis an interstate shot-firer should apply for a Tasmanian shot-firing permit. 74. Effect of recognition (1) This regulation applies if, under regulation 73, an interstate shot-firing authority (in this regulation referred to as “the authority”) is recognised in Tasmania. The recognition entitles the holder of the authority (in this regulation referred to as “the interstate shot-firer”) to do shot-firing in Tasmania of the category specified in the certificate of recognition until – (a) the authority is exhausted or expires, or is cancelled or surrendered under the corresponding law; or the Secretary, by notice, cancels the recognition. (2) (b) (3) However – (a) the entitlement is subject to the recognition conditions and, in so far as 95 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 74 Part 5 – Explosives they can apply in Tasmania, conditions of the authority; and (b) the the recognition has no force or effect during any period in which the authority is suspended under the corresponding law. (4) (5) The recognition is not renewable or transferable. The Secretary, by notice, may cancel the recognition if the Secretary believes on reasonable grounds that – (a) the interstate shot-firer no longer requires the recognition or can no longer demonstrate a legitimate need for it; or it is necessary or expedient to do so in the interests of State security or public safety; or the interstate shot-firer has done, in Tasmania, shot-firing of a category not specified in the certificate of recognition; or the recognition conditions or, in so far as they can apply in Tasmania, the conditions of the authority have been contravened in a material or sustained way; or having regard to the criteria in Schedule 4 or any other matters, the interstate shot-firer is no longer a fit and (b) (c) (d) (e) 96 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 74 proper person to have the benefit of such recognition; or (f) (6) there is other compelling justification for the cancellation. However, the Secretary is not to cancel the recognition solely on the ground referred to in subregulation (5)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005. The notice under subregulation (5) is to inform the interstate shot-firer of – (a) (b) (c) (d) the cancellation; and the reasons for the cancellation; and when the cancellation takes effect; and the right of review. (7) (8) The cancellation of the recognition has the automatic effect of cancelling the interstate shotfirer’s accreditation, if any, as a shot-firing instructor. For the purposes of this regulation, the Secretary may liaise with and report any relevant matters to the responsible authorities under the relevant corresponding law. (9) 97 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 75 Part 5 – Explosives Division 9 – Shot-firer training 75. Interpretation In this Division – “direct” includes – (a) (b) cause, order and require; and induce by means of any threat or reward; “organise”, a shot-firing course, means – (a) to establish, maintain or administer the course or any part of it; or to pay (otherwise than by means of personal attendance fees or levies) for the establishment, maintenance or administration of the course or any part of it; (b) “shot-firing course” means a course of training in a category of shot-firing; “trainee” means the natural person who, in a shot-firing course, receives the actual training; “trainer” means the natural person who, in a shot-firing course, provides the actual training; “training” includes – 98 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 76 (a) (b) the provision instruction; and of theoretical the assessment of trainees. 76. Shot-firing courses to be accredited (1) A person must not organise a shot-firing course unless the course is accredited. Penalty: Fine not exceeding – (a) (b) (2) for a body corporate, 50 penalty units; or for an individual, 30 penalty units. However, a person does not commit an offence under subregulation (1) merely by – (a) (b) planning a shot-firing course; or making preliminary arrangements for a shot-firing course for which accreditation has been sought but not yet refused. (3) A person must not claim that a shot-firing course is accredited under this Division if it is not so accredited. Penalty: Fine not exceeding – (a) for a body corporate, 50 penalty units; or 99 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 77 Part 5 – Explosives (b) for an individual, 30 penalty units. 77. Key obligations of persons imposing training requirements (1) This regulation applies if a person directs anyone to – (a) (b) (2) provide training in shot-firing of any category; or receive training in shot-firing of any category. If subregulation (1)(a) applies, the person giving the direction must ensure that – (a) the training is provided through an accredited shot-firing course of the relevant category; and when the training is provided – (i) the recipient of the direction is an accredited shot-firing instructor of the relevant category; and the trainee has the necessary approval under regulation 88. (b) (ii) Penalty: Fine not exceeding – (a) for a body corporate, 50 penalty units; or 100 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 78 (b) (3) for an individual, 30 penalty units. If subregulation (1)(b) applies, the person giving the direction must ensure that the recipient of the direction – (a) receives the training through an accredited shot-firing course of the relevant category, from a trainer who is an accredited shot-firing instructor of the relevant category; and has, when the training is actually received, the necessary approval under regulation 88. (b) Penalty: Fine not exceeding – (a) (b) for a body corporate, 50 penalty units; or for an individual, 30 penalty units. 78. Key personal obligations of shot-firing instructors A person must not train anyone in shot-firing of any category unless – (a) (b) the person is an accredited shot-firing instructor of the relevant category; and the person has verified that the trainee has the necessary approval under regulation 88; and 101 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 79 Part 5 – Explosives (c) the training is provided through an accredited shot-firing course of the relevant category. Penalty: Fine not exceeding 30 penalty units. 79. Key personal obligations of shot-firing trainees (1) A person must not accept training in shot-firing of any category except – (a) (b) through an accredited shot-firing course of the relevant category; and from an accredited shot-firing instructor of the relevant category. Penalty: Fine not exceeding 30 penalty units. Note: The trainee must also comply with regulation 88. (2) However, it is a defence in proceedings for an offence under subregulation (1) if a defendant establishes that he or she made reasonable enquiries to ensure that he or she was not contravening that subregulation. 80. Applications for accreditation (1) A corporation or other person wishing to organise a shot-firing course may apply to the Secretary for the accreditation of that course. 102 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 80 (2) A natural person wishing or required to train anyone in shot-firing of any category may apply to the Secretary for accreditation as a shot-firing instructor. An application must be in accordance with regulation 29. The Secretary may – (a) (b) refuse an application; or approve an application on such conditions, if any, as the Secretary thinks fit (in this regulation referred to as “accreditation conditions”). (3) (4) (5) If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. (6) If the application is approved unconditionally, the Secretary is to do the following as soon as practicable: (a) (b) accredit the shot-firing course or shotfiring instructor; issue the applicant with a certificate of accreditation. 103 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 80 Part 5 – Explosives (7) The certificate of accreditation is to be in approved form but it must specify the category of shot-firing the accreditation is valid for. If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed accreditation conditions; if, within a reasonable period, the applicant agrees to the proposed accreditation conditions (or, failing that, the Secretary and the applicant are able to agree on modified accreditation conditions) the Secretary is to – (i) (ii) (iii) (c) accredit the shot-firing course or shot-firing instructor; and issue the applicant with a certificate of accreditation; and inform such other persons of the matter as the Secretary thinks fit; (8) (b) if, within a reasonable period, the applicant does not agree to the proposed accreditation conditions (or the Secretary and the applicant are unable to agree on modified accreditation conditions) the application is taken to have been refused at the end of that period and the procedure set out in subregulation (5) is to be followed. 104 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 81 (9) In this regulation – “reasonable period” means a period of at least 7 days allowed by the Secretary. 81. Matters relevant to grant of accreditation (1) The matters that the Secretary may take into account in deciding whether or not to approve an application for the accreditation of a shot-firing course include the following: (a) whether there is legitimate demand or need for the course with particular regard to the immediate and longer-term operational and commercial skill requirements of relevant industries; the aim and scope of the course and the standard of its practical and theoretical content; the standard of course material and protocols, with particular regard to supervision, explosives security, trainee and instructor safety and hazard management; the scale, duration and locale of the course; the impact and likely level of disturbance on or to any person, property or enterprise; (b) (c) (d) (e) 105 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 81 Part 5 – Explosives (f) (g) (h) the availability of suitably qualified shotfiring instructors of the relevant category; the nature and standard of the course assessment process; the provisions of any codes of practice relevant to shot-firing competencies or training of the relevant category; the applicant’s safety and compliance record, if any, in relation to shot-firing or other workplace training and occupational health and safety matters; the applicant’s record, if any, in complying with the Act and allied Acts. (i) (j) (2) The matters that the Secretary may take into account in deciding whether or not to approve an application for accreditation as a shot-firing instructor include the following: (a) the applicant’s qualifications and record in shot-firing and shot-firing training (either generally or as regards any category of shot-firing); the staffing and instructional needs of any shot-firing course of the relevant category that is or is soon likely to be accredited; the provisions of any codes of practice relevant to shot-firing competencies or training of the relevant category. (b) (c) 106 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 82 (3) The Secretary must not accredit a person as a shot-firing instructor for any category of shotfiring if the person is not – (a) (b) an adult; and the holder of – (i) a shot-firing permit with an endorsement of the same category; or a certificate of recognition under regulation 73, being recognition that is valid for the same category; and (ii) (c) in the reasonable opinion of the Secretary having regard to Schedule 4, a fit and proper person to be a shot-firing instructor. 82. General nature of accreditation (1) In the case accreditation – (a) of a shot-firing course, authorises the holder of the accreditation to organise the course in accordance with the conditions, if any, of the accreditation; and to avoid doubt, does not authorise the holder of the accreditation (if a natural person) to provide any of the actual training; and 107 (b) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 82 Part 5 – Explosives (c) comes into force when it is granted and unless sooner cancelled or forfeited, continues in force for 3 years from the date of its issue or for such shorter period from that date as its holder and the Secretary may agree; and is from time to time renewable. of a shot-firing instructor, (d) (2) In the case accreditation – (a) authorises its holder to provide training in shot-firing of the category specified in the certificate of accreditation (in accredited shot-firing courses) in accordance with the conditions, if any, of the course accreditation; and comes into force when it is granted and, unless sooner cancelled or forfeited, continues in force for 3 years from the date of its issue or for such shorter period from that date as its holder and the Secretary may agree; and is from time to time renewable. (b) (c) (3) The holder of accreditation under this Division must not contravene a condition of the accreditation. Penalty: Fine not exceeding – (a) for a body corporate, 50 penalty units; or 108 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 83 (b) for an individual, 30 penalty units. 83. Renewal of accreditation (1) (2) (3) A person holding accreditation may apply to the Secretary for its renewal. The application must be in accordance with regulation 29. The application – (a) is to be lodged no later than 7 days (but no sooner than 3 months) before the accreditation is due to expire; and may be made even if the accreditation is suspended. (b) (4) If the application is lodged after the subregulation (3)(a) deadline, the Secretary in his or her absolute discretion may still accept it if – (a) (b) the accreditation has not expired; and the applicant pays a prescribed late fee. (5) The Secretary may – (a) (b) refuse the application; or approve the application. (6) For the purposes of subregulation (5), the Secretary may have regard to any matter that he 109 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 83 Part 5 – Explosives or she could or would be required to have regard to if the application for renewal were an application under regulation 80. (7) If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) (8) the refusal; and the reasons for the refusal; and the right of review. If the application is approved, the Secretary – (a) (b) is to notify the applicant of the approval as soon as practicable; and may, on the Secretary’s own initiative or at the request of the applicant, issue the applicant with a fresh certificate of accreditation. (9) Where an application to renew any accreditation is not determined before the day on which it is due to expire, the accreditation is, despite any other provision of these regulations, taken to continue in force on and after that day until which ever of the following first occurs: (a) (b) the 3-month period immediately following that day expires; the accreditation is renewed or its renewal is refused. 110 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 84 84. Surrender of accreditation (1) A person holding accreditation under this Division may, by notice to the Secretary or an authorised officer, surrender the accreditation at any time. If the surrender is made through an authorised officer, the authorised officer is to notify the Secretary of it as soon as practicable. The accreditation has no surrender value. (2) (3) 85. Variation of accreditation (1) The Secretary may vary the conditions of an accreditation at any time by – (a) (b) (2) adding new conditions; or varying or removing existing conditions. The variation may be effected – (a) consequent on an application made by the holder of the accreditation in accordance with regulation 29; or on the Secretary’s own initiative, for reasonable cause, after consulting the holder of the accreditation. (b) (3) Without limiting what may be relevant for subregulation (2)(b), the Secretary may have regard to the scope, rigorousness and practicality 111 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 85 Part 5 – Explosives of the existing accreditation conditions by reference to such things as – (a) (b) developments in shot-firing technology, practices or training; and the experience of any person in respect of the accreditation or similar accreditation; and changes in the law, or in any relevant code or standard, having implications for shot-firing training; and changes in the State’s security environment having implications for shot-firing training; and changes in the scope or nature of any activities related to the relevant category of shot-firing; and workplace and training safety issues; and accreditation compliance issues. (c) (d) (e) (f) (g) (4) If subregulation (2)(a) applies and the application is refused, the Secretary is to notify the applicant of – (a) (b) (c) the refusal; and the reason for the refusal; and the right of review. (5) 112 If subregulation (2)(a) applies and the application is approved, the Secretary is to notify Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 86 the applicant of the approval, the variation and when the variation is to take effect. (6) If subregulation (2)(b) applies, the Secretary is to notify the holder of the permit of – (a) (b) (c) (d) the variation; and the reasons for the variation; and when the variation is to take effect; and if the variation has the effect of making the permit more restrictive, the right of review. (7) The variation of the conditions of any accreditation takes effect when the holder of the accreditation is notified of the approval of variation or at such later time as the Secretary, by the notice, specifies. The Secretary, on varying the conditions of any accreditation, may issue the holder of the accreditation with a fresh certificate of accreditation. (8) 86. Transfer of accreditation (1) (2) In the case of a shot-firing instructor, accreditation is personal and non-transferable. In the case of a shot-firing training course, the holder of the accreditation may apply to the Secretary for approval to transfer the 113 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 86 Part 5 – Explosives accreditation, either permanently or for a limited period. (3) The application must be in accordance with regulation 29 and, additionally – (a) (b) (c) (4) identify the transferee; and specify the proposed date or period of transfer; and contain evidence that the transferee supports the making of the application. The Secretary may – (a) (b) refuse the application; or approve the application on such conditions, if any, as the Secretary thinks fit (in this regulation referred to as “transfer conditions”). (5) A transfer condition may be – (a) (b) a condition precedent attaching to the transfer; or a condition attaching to the accreditation itself. (6) If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. 114 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 86 (7) If the application is approved unconditionally, the Secretary is to do the following as soon as practicable: (a) (b) notify the applicant of the approval; take such administrative measures as may be necessary or expedient to execute the transfer. (8) If the application is approved conditionally, the following provisions apply: (a) the Secretary is to notify the applicant of the approval and the proposed transfer conditions; if, within a reasonable period, the applicant agrees to the proposed transfer conditions (or, failing that, the Secretary and the applicant are able to agree on modified transfer conditions) the Secretary is to – (i) take such administrative measures as may be necessary or expedient to execute the transfer; and inform such other persons of the matter as the Secretary thinks fit; (b) (ii) (c) if, within a reasonable period, the applicant does not agree to the proposed transfer conditions (or the Secretary and the applicant are unable to agree on modified transfer conditions) the 115 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 87 Part 5 – Explosives application is taken to have been refused at the end of that period and the procedure set out in subregulation (6) is to be followed. (9) A transfer of accreditation – (a) (b) (10) is of no effect unless approved by the Secretary; and if approved, takes effect subject to any transfer conditions. Despite any other provision of this regulation, the Secretary may, by notice to the parties, suspend or cancel an approval to the transfer of any accreditation if the transfer has not, in the Secretary’s reasonable opinion, been completed and a condition precedent attaching to the transfer has not been complied with. In this regulation – “reasonable period” means a period of at least 7 days allowed by the Secretary. (11) 87. Cancellation and suspension of accreditation (1) The Secretary, by notice, may cancel or suspend an accreditation under this Division at any time if the Secretary believes on reasonable grounds that – (a) the holder of the accreditation no longer requires it or can no longer demonstrate a legitimate need for it; or 116 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 87 (b) it is necessary or expedient to do so in the interests of State security or public safety; or the conditions of the accreditation, if any, have been contravened in a material or sustained way; or having regard to the criteria in Schedule 4 or other matters, the holder of the accreditation is no longer a fit and proper person to hold such accreditation. (c) (d) (2) However, the Secretary is not to cancel the accreditation solely on the ground referred to in subregulation (1)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005. In deciding whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard State security and public safety as the paramount considerations rather than the rights and convenience of the holder of the accreditation. A notice under subregulation (1) is to inform the relevant holder of accreditation of – (a) (b) the cancellation or suspension; and the reasons for the cancellation or suspension; and (3) (4) 117 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 88 Part 5 – Explosives (c) (d) (e) when the cancellation or suspension takes effect; and the right of review; and in the case of suspension, any conditions that must be met before the Secretary will consider revoking the suspension. (5) (6) The Secretary, by notice, may revoke the suspension of an accreditation at any time. Except for the purposes of an application for its renewal, accreditation has no force or effect while it is suspended. The Secretary may give such persons such notice of the cancellation or suspension of an accreditation as the Secretary thinks fit. (7) 88. Monitoring of trainees (1) A person must not accept training in shot-firing of any category without the Secretary’s approval. Penalty: Fine not exceeding 50 penalty units. Note: The trainee must also comply with regulation 79. (2) (3) Any person who has attained the age of 17 years and 9 months may apply for such approval. The application must be in accordance with regulation 29 and, additionally, be accompanied by – 118 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 88 (a) (b) proof in an approved form of the applicant’s age; and proof that the applicant has applied to do an accredited shot-firing course of the relevant category or is required or expected to do such a course for employment or occupational training purposes; and a passport photograph or digital image of the applicant. (c) (4) The Secretary may – (a) (b) refuse the application; or approve the application. (5) The Secretary must not approve the application unless satisfied that the applicant – (a) (b) (c) is (or will be by the time the relevant training commences) an adult; and has legitimate need of the training; and is, having regard to the criteria in Schedule 4 or other matters, a fit and proper person to receive such training. (6) However, if the applicant appears to be a fit and proper person of the requisite age having a legitimate need to receive training in shot-firing of the relevant category in order to gain or retain employment, the Secretary must not unreasonably delay consideration of, or refuse, the application. 119 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 88 Part 5 – Explosives (7) If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and the right of review. (8) If the application is approved, the Secretary – (a) (b) is to notify the applicant of the approval as soon as practicable; and may notify such other persons of the approval as the Secretary thinks fit. (9) The notice of approval is to be in an approved form but it must specify the category of shotfiring the approval is valid for. The approval – (a) authorises its holder to accept (in accredited shot-firing courses) training in shot-firing of the category specified in the notice of approval from shot-firing instructors who hold accreditation for the same category of shot-firing; and comes into force as soon as its holder is given notice of it and, unless sooner cancelled or surrendered, continues in force until midnight of the expiry date determined by the Secretary and specified in that notice; and (10) (b) 120 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 88 (c) (d) (11) may, by notice to the Secretary, be surrendered at any time; and is not renewable or transferable. The Secretary, by notice, may cancel or suspend the approval at any time if satisfied that – (a) the holder of the approval no longer requires it or can no longer demonstrate a legitimate need for it; or a relevant shot-firing course or shotfiring instructor has ceased for any reason to be accredited; or it is necessary or expedient to do so in the interests of State security or public safety; or having regard to the criteria in Schedule 4 or any other matters, the holder of the approval is not a fit and proper person to continue holding such an approval; or there is other compelling justification for the cancellation or suspension. (b) (c) (d) (e) (12) However, the Secretary is not to cancel the approval solely on the ground referred to in subregulation (11)(c) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005. 121 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 89 Part 5 – Explosives (13) The notice under subregulation (11) is to inform the holder of the approval of – (a) (b) (c) (d) (e) the cancellation or suspension; and the reasons for the cancellation or suspension; and when the cancellation or suspension takes effect; and the right of review; and in the case of suspension, any conditions that must be met before the Secretary will consider revoking the suspension. (14) (15) (16) The Secretary, by notice, may revoke the suspension at any time. The approval has no force or effect while it is suspended. The Secretary may give such persons such notice of the cancellation or suspension of an approval as the Secretary thinks fit. Division 10 – Blasting 89. Interpretation In this Division – “adequate insurance cover”, for any blasting, means a current policy of insurance that – 122 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 89 (a) is issued by a corporate insurer carrying on business in Australia; and provides insurance cover of at least $5 million (or such lesser amount as the Secretary may, in an individual case, approve in writing) against liability for any injury to persons or property or the environment that may occur as a result of a negligent act or omission in connection with the blasting; (b) “blasting” means the firing of explosives in order to – (a) (b) blast rock, earth or solid material; or demolish, destroy, dislodge or damage a structure or other thing, whether on or under land or water; “commission”, blasting, means to cause or direct the blasting to take place; “general blasting” means blasting of the kind referred to in regulation 91(5); “general manager” has the same meaning as in the Local Government Act 1993; “limited blasting” means blasting of the kind referred to in regulation 91(4); 123 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 90 Part 5 – Explosives “municipal directions” – see regulation 97; “municipal injunction” – see regulation 98; “municipal matters” includes scheduled public events, the nature and location of major infrastructure and protected works and landslip or other special risks; “person” includes a body politic; “responsible person”, for any blasting, means a person who commissions, supervises or carries out the blasting; “status”, of blasting, means its status in terms of whether it is general blasting or limited blasting; “trainee blasting” means blasting carried out as part of the requirements of an accredited shot-firing course. 90. Blast insurance (1) (2) Blasting may only be carried out if there is adequate insurance cover for it. If any blasting is carried out without adequate insurance cover, the person who commissioned the blasting and the person who carried it out are each guilty of an offence. Penalty: Fine not exceeding 50 penalty units. 124 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 91 (3) This regulation does not apply to blasting done by or on behalf of the Crown in right of the State. 91. Blasting plans (1) (2) Blasting may only be carried out if there is a blasting plan for it. If any blasting is carried out without a blasting plan, the person who commissioned the blasting and the person who carried it out are each guilty of an offence. Penalty: Fine not exceeding 50 penalty units. (3) A blasting plan may be – (a) (b) (4) a limited blasting plan; or a general blasting plan. A limited blasting plan is appropriate for – (a) (b) (c) one discrete blast; or a set of blasts, in one location, not extending beyond one day; or trainee blasting. (5) A general blasting plan is appropriate for the kind of multiple or repetitive blasting (possibly occurring over an extended period) that is typically associated with the operation of a mine, a large commercial quarry or road construction works and where a requirement to prepare 125 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 92 Part 5 – Explosives blasting plans for each discrete blast would be inefficient and onerous in regulatory and commercial terms. (6) However, nothing in this regulation is to be taken as preventing a person from preparing, in respect of any blasting that is to be carried out over a period of more than one day, a series of limited blasting plans for each of those days. 92. Preparation of blasting plans (1) A blasting plan may be prepared by any of the following persons: (a) (b) (c) the person commissioning the blasting; the shot-firer who is to supervise or carry out the actual blasting; the employer of the shot-firer who is to supervise or carry out the actual blasting (whether the employment is under a contract for services or a contract of services); the person having ownership or control of the land on which the blasting is to take place; the person having the control and management of the blasting site; a person approved by the Secretary. (d) (e) (f) 126 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 93 (2) Without limiting the generality of subregulation (1), a blasting plan for trainee blasting may be prepared by – (a) (b) the organiser of the relevant shot-firing course; or a shot-firer providing any of the training in that course. 93. Form of blasting plans A blasting plan is to be in an approved form. 94. Content of blasting plans (1) A blasting plan – (a) may contain such information as the person preparing it considers necessary or expedient in the circumstances; but must provide certain core information. (b) (2) The core information, for anything other than trainee blasting, is as follows: (a) (b) (c) the identity of the person commissioning the blasting; the purpose of the blasting; particulars, if applicable, of the blast insurance; 127 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 94 Part 5 – Explosives (d) (e) the identity of the shot-firers supervising or carrying out the blasting; the expected blasting date (or dates) and, if known, the expected blasting time (or times); the location (by reference to a plan, geographical coordinates, land description or any combination thereof) of the blasting site; the type of explosives; the blasting initiation method; an indication of whether the blasting has any special features or risks and, if so, how these will be managed; the name and contact details of a responsible adult to act as the first contact and liaison point for State and local government. (f) (g) (h) (i) (j) (3) The core information for trainee blasting is as follows: (a) (b) (c) (d) particulars of the relevant shot-firing course; the identity of the relevant trainer and trainee; particulars of the blast insurance; the expected blasting date and, if known, the expected blasting time; 128 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 95 (e) the location (by reference to a plan, geographical coordinates, land description or any combination thereof) of the blasting site; the type of explosives; the blasting initiation method. (f) (g) 95. Powers and rights of councils (1) A person is not required to obtain council permission to commission or carry out blasting in a municipal area. However, a council has the following rights and powers in respect of blasting in its municipal area: (a) (b) (c) (3) to be given adequate notice of the blasting; to issue directions in respect of the blasting; to order the postponement abandonment of the blasting. or (2) Nothing in this regulation is to be taken as limiting a council’s powers under other legislation. A council’s powers under this Division may be exercised by the council itself or by its general manager. 129 (4) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 96 Part 5 – Explosives 96. Municipal notice (1) Blasting may only be carried out in a municipal area if the council has been given adequate notice of the blasting. If any blasting is carried out in a municipal area without adequate notice being given to its council, the person who commissioned the blasting and the person who carried it out are each guilty of an offence. Penalty: Fine not exceeding 50 penalty units. (3) A council is taken to have been given adequate notice of any blasting for this regulation if – (a) in the case of a limited blasting plan, a copy of the plan is lodged with the general manger at least 3 clear days before the day of blasting or at such later time before that day as the council may allow; or in the case of a general blasting plan, a copy of the plan is lodged with the general manager at least 5 clear days before the day on which blasting commences or at such later time before that day as the council may allow. (2) (b) (4) This regulation does not apply to – (a) (b) blasting that a council commissions or carries out in its own municipal area; or trainee blasting. 130 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 97 97. Municipal directions (1) A council may issue directions (called “municipal directions”) in respect of any blasting in its municipal area of which it has notice. If any blasting is carried out in a municipal area contrary to its council’s municipal directions, the person who commissioned the blasting and the person who carried it out are each guilty of an offence. Penalty: Fine not exceeding 50 penalty units. (3) It is a defence in proceedings for an offence under subregulation (2) if the defendant establishes that the relevant municipal directions – (a) (b) concerned technical shot-firing matters beyond the council’s competence; or were, for reasons of time, practicality, safety or otherwise, incapable of being followed; or were based on erroneous assumptions; or were repugnant to the Act or these regulations or any other law; or were trivial or frivolous. (2) (c) (d) (e) (4) Municipal directions must be issued – (a) (b) in writing; and to a responsible person; and 131 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 97 Part 5 – Explosives (c) (5) before the day or first day of blasting. Without limiting council’s discretion, municipal directions may relate to – (a) (b) relevant municipal matters; and matters on which the council or its officers have special knowledge or expertise; and matters that do not appear to the council to have been addressed, adequately or at all, in the blasting plan. (c) (6) (7) A municipal direction may be inconsistent with a blasting plan. However, where any proposed blasting in a municipal area appears to be in accordance with the Act and these regulations and to have a legitimate industrial, commercial or other purpose, a council is not to – (a) issue municipal directions that are unduly onerous or restrictive or that contradict, overlap or duplicate the requirements of any Act or impose significant additional expense, obligations or delay on a responsible person; or issue municipal directions that are incongruous with the type of blasting. (b) (8) 132 This regulation does not apply to trainee blasting. Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 98 98. Municipal injunctions (1) A council may issue an order (called a “municipal injunction”) for the postponement or abandonment of any blasting in its municipal area of which it has notice or knowledge. If any blasting is carried out in a municipal area contrary to a municipal injunction issued by its council, the person who commissioned the blasting and the person who carried it out are each guilty of an offence. Penalty: Fine not exceeding 50 penalty units. (3) A municipal injunction must be issued – (a) (b) (c) (4) in writing; and to a responsible person; and before the day or first day of blasting. (2) Without limiting its discretion, a council may issue a municipal injunction in respect of any blasting if, having regard to municipal or other matters within its knowledge, it reasonably considers that – (a) the blasting constitutes a hazard with an unacceptable level of risk in terms of its potential to cause serious harm or material harm; or the blasting may unreasonably disrupt a major scheduled public event; or (b) 133 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 99 Part 5 – Explosives (c) (d) the blasting will unreasonably interfere with scheduled council works; or the blasting plan does not match the blasting status or is inaccurate or seriously deficient. (5) However, where any proposed blasting in a municipal area appears to be in accordance with the Act and these regulations and to have a legitimate industrial, commercial or other purpose, a council is not to – (a) issue a municipal injunction for the postponement of the blasting without reasonable cause; or issue a municipal injunction for the abandonment of the blasting without reasonable and compelling cause. (b) (6) This regulation applies to trainee blasting only in so far as it provides for the postponement of blasting. 99. Questions and disputes (1) An interested party may refer any question or dispute regarding any blasting in a municipal area to the Secretary for determination. Without limiting the generality of subregulation (1), the matters that may be referred include – (2) 134 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 99 (a) (b) (c) (3) a question as to the status of the blasting; and a question as to the adequacy of the blasting plan; and an objection to a municipal direction or municipal injunction. The referral is not a bar to the pursuit of any remedy in law or equity that may be available to the interested party. In making the determination, the Secretary – (a) (b) may inform himself or herself on any matter as the Secretary thinks fit; and is to proceed with as much expedition and little formality as the circumstances allow; and may, subject to natural justice requirements, determine his or her own procedures. (4) (c) (5) The Secretary’s determination is binding on the interested parties unless and until it is overturned by a court of competent jurisdiction. A determination may, in an applicable case, affirm, vary or quash any municipal direction or municipal injunction. A determination that has the effect of altering the status of any proposed blasting may, in addition, contain a direction to a responsible person to 135 (6) (7) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 100 Part 5 – Explosives prepare a fresh blasting plan commensurate with that alteration. (8) In this regulation – “interested party” means the relevant council or any responsible person. 100. Secretary may require documents and information (1) The Secretary, by notice, may require a responsible person to give the Secretary, within a specified time – (a) a copy of the blasting plan for any completed, current or prospective blasting; and such information about the blasting as the Secretary may require. (b) (2) A person who is given a notice under subregulation (1) must comply with that notice. Penalty: Fine not exceeding 25 penalty units. (3) However, in any proceedings for an offence under subregulation (2), it is a defence if the defendant establishes that the defendant was not a responsible person for the relevant blasting. The Secretary, by notice, may require a council to give the Secretary, within a specified time – (a) a copy of any municipal direction or injunction issued in respect of any (4) 136 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 101 completed, current blasting; and (b) or prospective such information about its involvement with the blasting as the Secretary may require. (5) A council must comply with a notice under subregulation (4). 101. Temporary suspension orders (1) The Secretary may, in respect of any blasting, issue the person who has commissioned the blasting with a temporary suspension order if reasonably satisfied that the suspension is necessary to – (a) enable any urgent or unforeseen contingencies or matters arising from the blasting to be assessed or addressed by any person; or check on any serious deficiencies or issues that the blasting appears to have brought to light in the blasting plan or municipal directions; or check on any permissions or insurance; or determine any question or dispute under regulation 99. (b) (c) (d) 137 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 102 Part 5 – Explosives (2) A person who is issued with a temporary suspension order under subregulation (1) must comply with that order. Penalty: Fine not exceeding 50 penalty units. (3) (4) A temporary suspension order overrides any blasting plan or municipal direction. In this regulation – “temporary suspension order” means a written order, in approved form, ordering the suspension of blasting for a period not exceeding 48 hours specified in the order. 102. Emergency exemptions (1) The Secretary may exempt a person from all or any of the provisions of this Division if reasonably satisfied that – (a) the person needs to carry out unplanned emergency blasting to save or protect life or property; or the person needs to carry out unplanned blasting at short notice to deal with an unforeseen contingency arising from blasting under a blasting plan; or there is other compelling justification for granting the exemption. (b) (c) 138 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 103 (2) The exemption may be applied for and granted by such means as the Secretary considers necessary or expedient in the circumstances. Note: This regulation recognises that there may be occasions when blasting needs to be carried out at short notice – for example, to effect mine rescue, clear a traffic obstruction or deal with misfires – and that to insist on blasting plans, council notices or other protocols on such occasions may endanger life or property, disrupt the community or unreasonably stall a commercial enterprise or industrial operation. 103. Compliance with blasting plans and determinations (1) A person commissioning any blasting must ensure that all persons involved in carrying out the blasting comply with – (a) to the extent that it is not inconsistent with municipal directions, the blasting plan; and if applicable, any determination under regulation 99. (b) Penalty: Fine not exceeding 50 penalty units. (2) A person carrying out any blasting must comply with – (a) to the extent that it is not inconsistent with municipal directions, the blasting plan; and if applicable, any determination under regulation 99. 139 (b) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 104 Part 5 – Explosives Penalty: Fine not exceeding 50 penalty units. Division 11 – Fireworks Subdivision 1 – Preliminary 104. Interpretation In this Division – “fireworks display” means – (a) an event that has, as its sole or a major purpose, the display of Type 2 fireworks or Type 3 fireworks (or any combination thereof); or the display of Type 2 fireworks, Type 3 fireworks or theatrical fireworks (or any combination thereof) in an event that involves the incidental use of fireworks; or any purely incidental display of Type 2 fireworks, Type 3 fireworks or theatrical fireworks (or any combination thereof); permit” – see (b) (c) “fireworks display regulation 110; “firing”, of fireworks, includes their priming, ignition and detonation; 140 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 104 “follow-up measures”, for a fireworks display, includes – (a) checking the site for ignited or smouldering materials or misfires or overlooked fireworks; and securing and removing unused fireworks; and securing and removing mortars and other shot-firing equipment; and extinguishing pyres, bonfires and braziers; and generally clearing the site of rubbish, debris and materials; (b) (c) (d) (e) “procure”, fireworks, means to procure the fireworks by means of lawful purchase or exchange or by supplying them from personal stocks; “pyrotechnician” – see regulation 107; “responsible adult” – see regulation 111; “total fire ban declaration” means a declaration under section 70 of the Fire Service Act 1979; “undischarged”, fireworks display permit, means that the permit is for a fireworks display that is yet to be held; “use”, fireworks, means – 141 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 105 Part 5 – Explosives (a) placing and preparing the fireworks in readiness for firing; and placing and preparing firing platforms, mortars and other equipment in connection with that firing; and firing the fireworks; and the retrieval and safe disposal of the fireworks should they fail or partially fail. (b) (c) (d) 105. What are fireworks? (1) In this Division – “theatrical fireworks” means – (a) (b) loose poured flash powder; or fireworks fitted with or adapted to the use of an electrical ignition device and designed to be safe for indoor theatrical use; or other fireworks designed adapted for theatrical use; or (c) “Type 1 fireworks” means fireworks specified in Schedule 5 (being fireworks that are intended for use inside domestic premises); 142 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 106 “Type 2 fireworks” means fireworks that are – (a) (b) Shopgoods fireworks within the meaning of AS 2187.3; but not Type 1 fireworks; “Type 3 fireworks”, also known as professional display or event fireworks, means fireworks other than Type 1 fireworks or Type 2 fireworks. (2) For the purposes of this Division, any question or dispute as to whether any fireworks are Type 2 fireworks or Type 3 fireworks must be resolved according to the Australian Explosives Code Default Fireworks Classification Table. 106. Status of Type 3 fireworks stored in magazine in large quantity (1) For the purposes of this Division, whenever the quantity of Type 3 fireworks stored in a magazine reaches, in aggregate, a quantity exceeding 200 kilograms NEQ – (a) all the Type 3 fireworks stored in the magazine are taken to be class 1.1G dangerous substances; and all of the Type 3 fireworks stored in the magazine must, for so long as their aggregate quantity continues to exceed 200 kilograms NEQ, be handled by all 143 (b) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 107 Part 5 – Explosives persons in all respects as if they were class 1.1G dangerous substances. (2) A person who fails to comply with subregulation (1)(b) in handling any Type 3 fireworks stored in a magazine is guilty of an offence. Penalty: Fine not exceeding – (a) (b) (3) for a body corporate, 50 penalty units; or for an individual, 30 penalty units. In this regulation – “NEQ” means net explosive quantity. 107. What is a pyrotechnician? (1) For the purposes of this Division, a pyrotechnician is a person who holds a shotfiring permit with a pyrotechnics endorsement. Also, under this Division, a person is taken to be a pyrotechnician for the purposes of a specific display or other activity involving fireworks if – (a) the person holds an interstate shot-firing authority that is recognised under regulation 73; and the recognition is valid for category 4 shot-firing; and (2) (b) 144 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 108 (c) the conditions of the recognition expressly or impliedly entitle the person to engage in that specific display or activity in Tasmania. 108. Application of Part (1) The provisions of this Division are in specific addition to and not in derogation of the other provisions of this Part as they apply to fireworks. Note: For example, regulations 41, 42, 43, 44, 45, 48, 51, 53, 55, 56, 57, 58, 59 and 60 all apply to fireworks. (2) However, nothing in this Division applies to the use, in accredited shot-firing courses, of Type 2 fireworks or Type 3 fireworks for or in connection with the practical training of persons in category 4 shot-firing. Subdivision 2 – Use of fireworks 109. Restrictions on use of fireworks (1) A person must not use Type 2 fireworks or theatrical fireworks except as authorised by a fireworks display permit. Penalty: Fine not exceeding 50 penalty units. 145 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 110 Part 5 – Explosives Note 1: As Type 1 fireworks are exempt explosives, the use of such fireworks (which are specified in Schedule 5) is not restricted by these regulations. A person does not have to be a pyrotechnician to use such fireworks. Note 2: Also, although Type 2 fireworks are explosives to which these regulations apply, a person does not have to be a pyrotechnician to use such fireworks (though other handling restrictions do apply). (2) A person must not use Type 3 fireworks unless the person is a pyrotechnician. Penalty: Fine not exceeding 50 penalty units. (3) A pyrotechnician must not use Type 3 fireworks except as authorised by a fireworks display permit. Penalty: Fine not exceeding 50 penalty units. Subdivision 3 – Fireworks displays 110. Fireworks displays not to be held without permit A person must not hold a fireworks display unless the person holds a fireworks display permit for that display. Penalty: Fine not exceeding – (a) (b) 146 for a body corporate, 50 penalty units; or for an individual, 30 penalty units. Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives Note 1: As Type 1 fireworks are exempt explosives, the display of such fireworks (which are specified in Schedule 5) is not restricted by these regulations. Note 2: A fireworks display permit merely authorises the holding of a particular fireworks display; it does not authorise persons who are not pyrotechnicians to use any Type 3 fireworks. r. 111 111. Applications for fireworks display permits (1) An application for a fireworks display permit must be in accordance with regulation 29 and, additionally – (a) (b) state the purpose of the proposed fireworks display; and nominate, if the applicant is a corporation, a responsible adult and an alternate responsible adult; and nominate, if Type 3 fireworks are to be used, a pyrotechnician; and unless the Secretary otherwise agrees, be lodged at least 21 clear days before the date of the proposed fireworks display. (c) (d) (2) The responsible adult is to be the person who will, on behalf of the applicant corporation – (a) (b) generally oversee and direct the proposed fireworks display; and monitor and ensure, on the ground, compliance with the permit conditions for the permit holder; and 147 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 111 Part 5 – Explosives (c) act, on the ground, as the first contact and liaison point for the emergency services, police and other officials in respect of the proposed fireworks display. (3) The alternate responsible adult is to be the person who will assume the role referred to in subregulation (2) if, for illness or any other reason, the nominated responsible adult is unable to discharge that role. The nominated pyrotechnician is to be the pyrotechnician who will be responsible for – (a) (b) procuring the fireworks for the proposed display; and if applicable, using or supervising the use of any Type 3 fireworks in the proposed display. (4) (5) In the case of an applicant who is a natural person and also a pyrotechnician, the nominated pyrotechnician may be the applicant. More than one pyrotechnician may be nominated if procurement and use are to be in separate hands. The Secretary may – (a) (b) refuse the application; or approve the application on such conditions as to safety, notification and (6) (7) 148 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 111 publicity, supervision, training, timing or otherwise as the Secretary thinks fit. Note: Unless the Secretary otherwise determines, the permit will also be subject to the standard conditions set out in Schedule 7. (8) Without limiting the Secretary’s discretion, the Secretary may refuse the application if not satisfied of the following: (a) that the application can be properly considered before the proposed fireworks display; that the applicant is, in the case of a natural person, an adult; that the applicant is, having regard to the criteria in Schedule 4 and any other matters the Secretary considers relevant, a fit and proper person to hold a fireworks display; that, if applicable, a person nominated as responsible adult or alternate responsible adult is capable of performing that role; that, if applicable, a person nominated as responsible adult or alternate responsible adult has agreed to be so nominated; that, if applicable, the nominated pyrotechnician has agreed to be so nominated; (b) (c) (d) (e) (f) 149 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 111 Part 5 – Explosives (g) (h) the proposed fireworks display can be safely organised or held; that the proposed fireworks display is for an approved purpose specified in Schedule 6. (9) The Secretary must refuse the application if the proposed fireworks display would contravene a total fire ban declaration. If the application is refused, the Secretary is to notify the applicant as soon as practicable of – (a) (b) (c) the refusal; and the reasons for the refusal; and unless subregulation (9) applies, the right of review. (10) (11) If the application is approved, the Secretary is to do the following as soon as practicable: (a) (b) notify the applicant of the approval; issue the applicant with the permit. (12) If the application is approved, the Secretary may liaise with and notify such persons of the matter as the Secretary thinks fit, including – (a) (b) (c) the Police Service; and the Tasmania Fire Service or other emergency services; and any affected council. 150 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 112 112. What does a permit authorise? (1) A fireworks display permit authorises its holder to – (a) (b) hold the single fireworks specified in the permit; and display do such things as may be reasonably necessary or incidental to the holding of that fireworks display, including necessary follow-up measures. (2) The permit also authorises – (a) the holder of the permit to lawfully procure up to the allowable quantity of Type 2 fireworks; and the use, in the relevant fireworks display, of those Type 2 fireworks. (b) (3) If the permit sanctions the use of Type 3 fireworks, it also authorises – (a) (b) the nominated pyrotechnician to lawfully procure those Type 3 fireworks; and the use, in the relevant fireworks display, of those Type 3 fireworks by – (i) (ii) the nominated pyrotechnician; and pyrotechnicians, if any, acting under the direction and supervision of the nominated pyrotechnician. 151 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 113 Part 5 – Explosives (4) Nothing in this regulation is to be taken as requiring a person to procure or use the full allowable quantity of fireworks for a fireworks display. In this regulation – “allowable quantity”, of Type 2 fireworks for a fireworks display permit, means 12.5kg gross weight or such lower quantity as the conditions of the permit specify. (5) 113. General nature of permits (1) Unless the Secretary otherwise determines and specifies in the permit, a fireworks display permit – (a) (b) comes into force when it is issued; and expires, except for the authority to take necessary follow-up measures, immediately after the fireworks display it authorises. (2) (3) A fireworks display permit is not transferable or renewable. A fireworks display permit is subject to – (a) such conditions as the Secretary specifies in the permit pursuant to regulation 111(7)(b); and 152 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 114 (b) unless the Secretary specifies otherwise in the permit, the standard conditions in Schedule 7. Note: The standard conditions are additional to any conditions the Secretary may impose on the specific permit under regulation 111(7). (4) The holder of a fireworks display permit must not contravene a condition of the permit. Penalty: Fine not exceeding – (a) (b) for a body corporate, 50 penalty units; or for an individual, 30 penalty units. 114. Surrender of permits (1) The holder of an undischarged fireworks display permit may, by notice to the Secretary or an authorised officer, surrender the permit at any time. If the surrender is made through an authorised officer, the authorised officer is to notify the Secretary as soon as practicable. The Secretary may notify such persons of the surrender as the Secretary thinks fit, including – (a) (b) the Police Service; and any of the emergency services; and 153 (2) (3) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 115 Part 5 – Explosives (c) (4) any affected council. The permit has no surrender value. 115. Variation of permits (1) The Secretary, by notice, may vary the conditions of an undischarged permit at any time. The notice of variation may be given to the holder of the permit or, in the Secretary’s discretion in the case of a corporation, the responsible adult. If the notice is given to the responsible adult it is also taken to constitute notification to the holder of the permit. (2) (3) 116. Cancellation of permits (1) The Secretary, by notice, may cancel an undischarged permit at any time if the Secretary believes on reasonable grounds that – (a) (b) (c) the intended fireworks display would contravene a total fire ban declaration; or the relevant event is cancelled or postponed; or the cancellation is necessary or expedient in the interests of State security or public safety; or 154 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 117 (d) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is not a fit and proper person to hold such a permit; or there is other compelling justification for the cancellation. (e) (2) However, the Secretary is not to cancel a permit solely on the ground referred to in subregulation (1)(c) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005. The notice under subregulation (1) is to inform the holder of the permit of – (a) (b) (c) (d) the cancellation; and the reasons for the cancellation; and when the cancellation takes effect; and the right of review. (3) 117. Substitute pyrotechnicians (1) This regulation applies if the Secretary is satisfied, in respect of a fireworks display permit, that the nominated pyrotechnician will be unable to perform that role fully or at all. 155 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 118 Part 5 – Explosives (2) The Secretary, by notice, may allow the holder of the fireworks display permit to nominate a different pyrotechnician. The Secretary, by the same notice, may attach such conditions to the new nomination as the Secretary thinks fit in the circumstances and those conditions are taken to be conditions of the permit. (3) 118. Commonwealth Day (Cracker Night) For the purposes of this Division – (a) a fireworks display for Commonwealth Day is not capable of being held on any day other than a Saturday; and if in any year Commonwealth Day (24 May) does not fall on a Saturday, a fireworks display for Commonwealth Day may be held on the following Saturday. (b) 119. Rescheduling of fireworks displays (1) The Secretary, by notice, may allow the holder of an undischarged fireworks display permit to reschedule the relevant fireworks display if satisfied that – (a) the display is not date-critical; and 156 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 120 (b) (2) the timing of the display needs to be advanced or postponed for a valid reason. The Secretary, by the same notice, may attach such conditions to the rescheduling as the Secretary thinks fit in the circumstances and those conditions are taken to be conditions of the permit. Subdivision 4 – Sale and supply 120. Only pyrotechnicians may sell or supply Type 2 or Type 3 fireworks, &c. (1) A person who is not a pyrotechnician must not sell or supply Type 2 fireworks or Type 3 fireworks to any other person. Penalty: Fine not exceeding 50 penalty units. (2) A pyrotechnician must not sell or supply Type 3 fireworks except to another pyrotechnician. Penalty: Fine not exceeding 50 penalty units. (3) In proceedings for an offence under subregulation (2), it is a defence if the defendant establishes that – (a) the defendant carried out reasonable checks to ensure that the relevant sale or supply would not contravene that subregulation; and the checks were reasonable in the circumstances, and not perfunctory; and 157 (b) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 121 Part 5 – Explosives (c) the relevant sale or supply was made under an honest but mistaken belief that the purchaser or acquirer of the relevant fireworks was a pyrotechnician at the relevant time. Note: The sale and supply of Type 1 fireworks (which are specified in Schedule 5) is unrestricted. 121. Only pyrotechnicians may purchase or acquire Type 3 fireworks (1) A person who is not a pyrotechnician must not purchase or acquire Type 3 fireworks. Penalty: Fine not exceeding 50 penalty units. (2) A pyrotechnician must not purchase or acquire Type 3 fireworks except from – (a) (b) another pyrotechnician; or a person who, under a corresponding law, is authorised to export Type 3 fireworks to Tasmania. Penalty: Fine not exceeding 50 penalty units. (3) In proceedings for an offence under subregulation (2), it is a defence if the defendant establishes that – (a) the defendant carried out reasonable checks to ensure that the relevant purchase or acquisition would not contravene that subregulation; and 158 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 122 (b) (c) the checks were reasonable in the circumstances, and not perfunctory; and the relevant purchase or acquisition was made under an honest but mistaken belief that the person from whom the relevant fireworks were purchased or acquired was a pyrotechnician at the relevant time. Note: As Type 1 fireworks are exempt explosives, the purchase and acquisition of such fireworks (which are specified in Schedule 5) is unrestricted. 122. Retail display restrictions (1) A person must not cause or allow Type 3 fireworks to be stored on retail premises. Penalty: Fine not exceeding 50 penalty units. (2) A person must not display Type 2 fireworks on retail premises except in an enclosed cabinet, showcase or sales unit that is – (a) (b) inaccessible to customers; and kept closed and locked (except as may be reasonably necessary for the immediate purposes of cleaning, stocking or inspection or transacting a sale); and so positioned that the fireworks in the cabinet, showcase or sales unit cannot be seen from outside any external window of the retail premises. 159 (c) Penalty: Fine not exceeding 50 penalty units. Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 123 Part 5 – Explosives (3) A person who displays Type 2 fireworks on retail premises must ensure that all of those fireworks are in sealed unbroken packages that – (a) each bear a label clearly and accurately identifying the kind of Type 2 fireworks it contains; and do not, in the case of any individual package, weigh more than 2 kilograms. (b) Penalty: Fine not exceeding 50 penalty units. 123. Retail sales quantum restrictions (1) A person who sells fireworks by way of retail on or from any premises must ensure that the total quantity of Type 2 fireworks on the premises does not at any time exceed 200 kilograms gross weight. Penalty: Fine not exceeding 50 penalty units. (2) In this regulation – “gross weight”, of fireworks, means their gross weight inclusive of any inner and outer packaging. 124. Fireworks not to be sold in public places A person must not sell fireworks in a public place. Penalty: Fine not exceeding 50 penalty units. 160 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 125 125. Fireworks retailers to comply with AS 2187.3 (1) This regulation applies to a person engaged in selling any type of fireworks by way of retail (whether as an employer, employee or in any other capacity). The person must, in handling the fireworks for or in connection with their retail sale, comply with AS 2187.3. Penalty: Fine not exceeding 50 penalty units. Subdivision 5 – Miscellaneous handling restrictions 126. Only pyrotechnicians may manufacture, import, export or store Type 2 or Type 3 fireworks A person must not do any of the following things unless the person is a pyrotechnician: (a) (b) (c) (d) manufacture Type 2 fireworks or Type 3 fireworks; import Type 2 fireworks or Type 3 fireworks; export Type 2 fireworks or Type 3 fireworks; store Type 3 fireworks. (2) Penalty: Fine not exceeding 50 penalty units. 161 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 127 Part 5 – Explosives 127. Type 3 fireworks to be stored only in packages in approved magazines (1) A person must not store Type 3 fireworks anywhere other than in an approved magazine. Penalty: Fine not exceeding 50 penalty units. (2) A person who stores any Type 3 fireworks must ensure that all of those fireworks are in sealed unbroken packages that each bear a label clearly and accurately identifying the kind of Type 3 fireworks it contains. Penalty: Fine not exceeding 50 penalty units. 128. Type 3 fireworks to be secured on day of firing (1) This regulation applies to a pyrotechnician who takes possession of Type 3 fireworks on any day (in this regulation referred to as “the firing day”) for the purpose of – (a) (b) (2) using the Type 3 fireworks on the firing day; or having another pyrotechnician use the Type 3 fireworks on the firing day. case, the In a subregulation (1)(a) pyrotechnician – (a) must not leave the Type 3 fireworks unattended at any time (except to such extent as may be necessary for safety 162 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 128 after they have been placed and made ready for firing); and (b) must transfer the Type 3 fireworks to an approved magazine as soon as practicable if the pyrotechnician decides not to use them on the firing day or discovers that they cannot, for any reason, be used on the firing day. Penalty: Fine not exceeding 50 penalty units. (3) In a subregulation (1)(b) case, the pyrotechnician must ensure that – (a) the Type 3 fireworks are not left unattended at any time (except to such extent as may be necessary for safety after they have been placed and made ready for firing); and the Type 3 fireworks are transferred to an approved magazine as soon as practicable if the pyrotechnician discovers that they are not, for any reason, to be used on the firing day. (b) Penalty: Fine not exceeding 50 penalty units. (4) For the purposes of this regulation in its application to Type 3 fireworks for a New Year’s Eve fireworks display, the firing day is taken to extend into New Year’s Day. 163 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 129 Part 5 – Explosives 129. Construction of fireworks mortars (1) A person must not make a defective fireworks mortar. Penalty: Fine not exceeding 50 penalty units. (2) A person must not, in respect of a fireworks mortar that the person knows or reasonably ought to know to be defective, do any of the following: (a) (b) (c) sell or supply the fireworks mortar to another person; use the fireworks mortar; cause or allow another person to use the fireworks mortar. Penalty: Fine not exceeding 50 penalty units. (3) In this regulation – “defective”, fireworks mortar, means a fireworks mortar with a tube or base made of material that is likely to burn, melt, distort, crack, splinter or fragment from the kinds of detonations and explosions typically involved in the use of such mortars; “fireworks mortar” means a mortar for launching fireworks. 164 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 130 Division 12 – Documents 130. Interpretation (1) In this Division – “explosives control document” means – (a) a permit to handle an unauthorised explosive issued under regulation 40; or a shot-firing permit issued under regulation 64; or a certificate of recognition issued under regulation 73(7); or a certificate of accreditation issued under Division 9; or a notice of approval issued under regulation 88; or a fireworks display permit issued under regulation 111. (b) (c) (d) (e) (f) (2) To avoid doubt, a reference in this Division to an explosives control document is taken to be a reference not only to the original of that document but also to any document issued by way of replacement of the original of that document on its renewal or variation or under regulation 132. 165 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 131 Part 5 – Explosives 131. Form of explosives control documents An explosives control document is to be in an approved form but it must at least specify – (a) (b) (c) (d) the name of the person it is issued to; and its expiry date; and its conditions, if any; and any particulars required by specific provisions of these regulations. 132. Loss and documents (1) replacement of explosives control The holder of an explosives control document must notify the Secretary within 7 days if the document is stolen, lost or destroyed. Penalty: Fine not exceeding 25 penalty units. (2) The Secretary, on receipt of the prescribed fee, may give the holder of an undischarged explosives control document a replacement for the document if the Secretary is satisfied that the original has been – (a) (b) stolen, lost or destroyed; or damaged to a degree that renders it unsuitable for use. 166 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 5 – Explosives r. 133 133. Explosives control documents not to be lent The holder of an explosives control document must not lend the document to another person or allow another person to use the document. Penalty: Fine not exceeding 25 penalty units. 134. Production of explosives control documents (1) The holder of an explosives control document must immediately produce it for inspection if required to do so by an authorised officer. Penalty: Fine not exceeding 25 penalty units. (2) A person must not produce to an authorised officer a document that is, or purports to be, an explosives control document with the intention of falsely representing to the authorised officer that the person is the holder of an explosives control document. Penalty: Fine not exceeding 25 penalty units. (3) A person must not, with intention to deceive, produce to an authorised officer an explosives control document that – (a) (b) has been altered in a material respect; or is a document that resembles explosives control document. an Penalty: Fine not exceeding 25 penalty units. 167 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 134 Part 5 – Explosives (4) The holder of an explosives control document must not cause or allow it to be used in a manner calculated to deceive an authorised officer. Penalty: Fine not exceeding 25 penalty units. 168 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 6 – Miscellaneous r. 135 PART 6 – MISCELLANEOUS 135. Instructions to secure explosives on cancellation of entitlement (1) When cancelling an entitlement under Part 5, the Secretary may give the holder of the entitlement or any other person instructions for the immediate safety and security of any explosives affected by the cancellation. In any proceedings for an offence under Part 5, it is a defence if the defendant establishes that at the relevant time the defendant was complying with an instruction under this regulation. (2) 136. Disclosure of certain private information (1) The Secretary may disclose to any law enforcement agency of a State or the Commonwealth any personal information that is provided to or obtained by or on behalf of the Secretary in connection with any of the following matters under these regulations: (a) (b) the issue and regulation of shot-firing permits under Division 8 of Part 5; the accreditation of shot-firing courses and the oversight and regulation of such accreditations under Division 9 of Part 5; 169 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. r. 137 Part 6 – Miscellaneous (c) the accreditation of shot-firing instructors and the regulation of such accreditations under Division 9 of Part 5; the granting and regulation of approvals to undergo shot-firing training under regulation 88. (d) (2) In administering these regulations, the Secretary is to ensure that the provisions of subregulation (1) are made known to any person who applies for a permit, accreditation or approval referred to in that subregulation. In this regulation – “law enforcement agency” has the same meaning as in the Personal Information Protection Act 2004; “personal information” has the same meaning as in the Personal Information Protection Act 2004. (3) 137. Infringement notice offences and penalties For section 90A of the Act – (a) an offence under a provision of the Act or these regulations specified in column 1 of Schedule 8 is a prescribed offence; and the penalty specified in column 2 of that Schedule for that offence is its prescribed penalty. (b) 170 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Part 6 – Miscellaneous r. 138 138. Statutory Rules rescinded The legislation specified in Schedule 9 is rescinded. 171 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 1 SCHEDULE 1 – PRESCRIBED FEES Regulation 3 PART 1 – INTERPRETATION 1. The fees prescribed in this Schedule are not subject to GST. 2. In this Schedule – “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth. PART 2 – FEES Regulation Description Fee (fee units) 1. 2. 3. Regulation 12 Regulation 13 Regulation 15 Notification of MHF modification [s.36 of 500 Act] Notification of possible LDSL [s.48(2) of 100 Act] Notification to enable Secretary to decide 500 whether to classify PMHF as MHF [ss.33 and 34 of Act] Notification to enable Secretary to decide 500 whether to classify facility as MHF following upgrade or change [s.35 of Act] Application for authorisation of explosive 50 4. Regulation 15 5. Regulation 35 172 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 1 Regulation Description Fee (fee units) of 50 handle 50 50 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Regulation 39 Regulation 40 Regulation 64 Regulation 67 Regulation 67 Regulation 73 Regulation 80 Regulation 80 Regulation 83 Regulation 83 Regulation 88 Regulation 111 Application for cancellation authorisation of explosive Application for permit unauthorised explosive to Application for shot-firing permit Application for renewal of shot-firing 50 permit Fee for late application for renewal of shot- 25 firing permit Application for recognition of interstate 50 shot-firing authority Application for accreditation of shot-firing 50 course Application for accreditation as shot-firing 50 instructor Application for renewal of accreditation 50 under Division 9 of Part 5 Fee for late application for renewal of 25 accreditation under Division 9 of Part 5 Application for approval to receive training 50 in shot-firing Application for fireworks display permit – (a) (b) for fireworks display involving Type 3 fireworks not 50 for fireworks display involving 100 any Type 3 fireworks 173 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 1 Regulation Description Fee (fee units) control 20 18. Regulation 132 Replacement document of explosives 174 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 2 SCHEDULE 2 – RELEVANT STANDARDS Regulation 3 Dangerous substance Class Standards Class 1 AS 2187 Australian Explosives Code MPU Code Explosives – Storage, transport and use The Australian Code for the Transport of Explosives by Road and Rail published by the Commonwealth, as from time to time amended Code of Practice, Mobile Processing Units published, and as from time to time amended, by the Australian Explosives Industry and Safety Group Code of Good Practice for Precursors for Explosives published by the Australian Explosives Industry and Safety Group (formerly called the Australian Manufacturers Safety Committee) The Storage and Handling of LP Gas Refrigerating Systems The Storage and Handling of Non-flammable Cryogenic and Refrigerated Liquids Anhydrous Ammonia – Storage and Handling (known as the SAA Anhydrous Ammonia Code) The Storage and Handling of Liquefied Chlorine Gas The Storage and Handling of Liquefied Natural Gas Standard Standard title Code of Practice for Explosive Precursors Class 2 AS/NZS 1596 AS/NZS 1677 AS 1894 AS/NZS 2022 AS/NZS 2927 AS 3961 175 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 2 Dangerous substance Standard Standard title AS 4332 AG 901 AS 4839 The Storage and Handling of Gases in Cylinders Code of practice for NGV Refuelling Stations The safe use of portable and mobile oxy-fuel gas systems for welding, cutting, heating and allied processes The Storage and Handling of Flammable and Combustible Liquids The Storage and Handling of Oxidising Agents The Storage and Handling of Hazardous Chemical Materials – Class 5.2 Substances (Organic Peroxides) The Storage and Handling of Toxic Substances The Storage and Handling of Corrosive Substances The Storage and Handling of Class 9 (Miscellaneous) Dangerous Goods and Articles Class 3 Class 5.1 Class 5.2 AS 1940 AS 4326 AS 2714 Class 6.1 Class 8 Class 9 AS/NZS 4452 AS 3780 AS/NZS 4681 Handling Systems Standards AS 1210 AS 1375 AS 1697 AS 2030 Pressure Vessels Industrial Fuel-fired Appliances (known as the SAA Industrial Fuel-fired Appliances Code) Installation and Maintenance of Steel Pipe Systems for Gas The Verification, Filling, Inspection, Testing and Maintenance of Cylinders for Storage and Transport of Compressed Gases 176 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 2 Dangerous substance Standard Standard title AS 2885 AS 2896 Pipelines – Gas and Liquid Petroleum Medical Gas Systems – Installation and Testing of Non-flammable Medical Gas Pipeline Systems Medical Gas Systems – Low Pressure Flexible Hose Assemblies Installation and Maintenance of Plastic Pipe Systems for Gas Commercial Gas-fired AS 2902 AS 3723 AS 3814 – 2000 Industrial and / AG 501 – 2000 Appliances AS 4041 AS 4289 Pressure Piping Oxygen and Acetylene Gas Reticulation Systems AS 5601 – 2000 Gas Installations / AG 601 Miscellaneous Standards Asbestos Atmospheric Contaminants Carcinogenic Substances Combustible Dusts Laboratory Reagents NOHSC: 2002(2005) NOHSC:1003 (1995) NOHSC:1101 (1995) AS/NZS 4745 AS/NZS 2243 Code of Practice for the Safe Removal of Asbestos 2nd Edition Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment National Model Regulations for the Control of Scheduled Carcinogenic Substances Code of Practice for Handling Combustible Dusts Safety in Laboratories 177 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 2 Dangerous substance Standard Standard title Mixed Dangerous AS/NZS 3833 Goods Pesticides Polyfunctional Isocyanates Ports Risk Management Technological Systems AS 2507 AS/NZS 4081 AS 3846 AS/NZS 4360 AS/NZS 3931 The Storage and Handling of Mixed Classes of Dangerous Goods, in Packages and Intermediate Bulk Containers The Storage and Handling of Agricultural and Veterinary Chemicals The Storage and Handling of Liquid and Liquefied Polyfunctional Isocyanates The Handling and Transport of Dangerous Cargoes in Port Areas Risk Management Risk Analysis of Technological Systems – Application Guide 178 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 3 SCHEDULE 3 – EXEMPT EXPLOSIVES Regulation 3 PART 1 – INTERPRETATION 1. Interpretation In this Schedule – “classification code” means the classification code under the Australian Dangerous Goods Code; “gross weight”, of explosives, means their gross weight inclusive of any inner and outer packaging; “NEQ” means net explosive quantity. PART 2 – TABLE OF EXEMPT EXPLOSIVES Exempt explosives Ammunition & propellants 1. 2. Small arms ammunition not exceeding .50 calibre in the possession of the holder of a licence under the Firearms Act 1996. Propellant powders with classification code 1.3C, up to 5kg NEQ, in the possession of the holder of a licence under the Firearms Act 1996, being possession solely and directly connected with the loading or reloading of ammunition for the licensee’s personal use. 179 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 3 Exempt explosives 3. Propellant powders with classification code 1.1D (known as black powder), up to 5kg NEQ, in the possession of the holder of a licence under the Firearms Act 1996, being possession solely and directly connected with the loading or reloading of ammunition for the licensee’s personal use. Fireworks 4. Type 1 fireworks within the meaning of Division 11 of Part 5. Ignition devices 5. 6. Electric igniters of classification code 1.4. Igniter cords of classification code 1.4. Safety and life-saving equipment 7. 8. 9. 10. 11. Explosives designed and manufactured expressly to activate fire extinguishers. Explosives designed and manufactured expressly to activate parachutes. Explosives designed and manufactured expressly to activate (deploy and/or inflate) vehicle passenger/driver air-bags. Explosives designed and manufactured expressly to activate (pre-tension) vehicle passenger/driver seat-belts. Explosives designed and manufactured expressly to activate (deploy and/or inflate) life rafts, vessel or aircraft passenger evacuation slides or similar lifesaving and safety devices. Explosives designed and manufactured expressly to activate (in any way) safety or life-saving devices similar to those specified in items 1, 2, 3, 4 and 5 of this table. Distress signals – (a) with classification code 1.3, up to 15kg gross weight; (b) with classification code 1.4, up to 250kg gross weight. 12. 13. 180 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 3 Exempt explosives Miscellaneous 14. 15. Safety fuses. Power device cartridges. 181 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 4 SCHEDULE 4 – FIT AND PROPER PERSON CRITERIA Regulations 64, 111(8) and 116 1. Interpretation Expressions that are defined in Part 5 and used in this Schedule have the same meaning in this Schedule as in that Part. 2. Criteria In determining whether a person is a fit and proper person to obtain or retain an entitlement, the Secretary may have regard to such of the following matters as he or she reasonably considers applicable to the obtaining or retention of that entitlement: (a) (b) (c) the person’s qualifications in relation to explosives; the person’s mental fitness; the person’s conduct as regards – (i) any similar entitlement relating to the handling of explosives or dangerous substances, in this State or elsewhere; or any attempt to obtain or retain such a similar entitlement; (ii) (d) 182 whether the person has ever given false or misleading information in or in Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 4 connection with an application or any other matter under the Act, an allied Act or a corresponding law; (e) whether the person has ever contravened this Act, an allied Act or a corresponding law; whether the person has, in this State or elsewhere, ever been convicted of an offence involving explosives or other dangerous substances; whether the person has ever been convicted of a terrorism offence; whether the person has, in this State or elsewhere, ever been convicted of an offence involving – (i) (ii) (iii) violence or weapons; or dishonesty; or the obstruction or intimidation of persons exercising or performing statutory powers or functions; (f) (g) (h) (i) the person has, either in this State or elsewhere, been convicted of an offence of another kind that calls into question his or her fitness or competence to retain the entitlement; in the case of the retention of an entitlement, whether the conditions of the 183 (j) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 4 entitlement have been contravened in any material or sustained way. 3. SSDS permit holders For the purposes of Part 5, the Secretary is entitled to assume that a person who holds an SSDS permit in relation to a restricted activity under the Security-sensitive Dangerous Substances Act 2005 is prima facie a fit and proper person to hold an entitlement to do the same or any substantially similar activity. 4. Interstate shot-firers For the purposes of Part 5, the Secretary is entitled to assume that a person who holds a valid interstate shot-firing authority to do shotfiring of a kind substantially corresponding to a (Tasmanian) category of shot-firing is prima facie a fit and proper person to have that authority recognised under that Part and for the recognition to be valid for that category of shotfiring. 184 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 5 SCHEDULE 5 – TYPE 1 (INDOOR) FIREWORKS Regulation 105 Type Description Main effect Maximum quantity of pyrotechnic substance 0.0075g 1. Amorce Dot of impact-sensitive Report explosive composition contained in nonmetallic envelope Dot of impact-sensitive Report explosive composition contained in nonmetallic envelope Hand-held device Report (with ejection operated by pull string of streamers or confetti) 2. Cap 0.0075g 3. Party popper 0.03g 4. Snap bonbon for Two overlapping strips Report (when device of card or paper with pulled apart) friction-sensitive explosive composition in sliding contact with abrasive surface Wire 450mm in length Emission of sparks and – (a) partially coated with explosive composition and designed to be freestanding or fixed to a base 0.03g 5. Sparkler 10g per individual sparkler 100g in total for all sparklers in same package 185 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 5 Type Description Main effect Maximum quantity of pyrotechnic substance (b) coated with explosive composition along only one end and designed to be held by hand at other end (being explosive composition containing magnesium, chlorate or perchlorate) 186 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 6 SCHEDULE 6 – APPROVED PURPOSES OF FIREWORKS DISPLAYS Regulation 111(8) 1. For regulation 111(8)(h) the following are taken to be approved purposes: (a) (b) (c) a New Year’s Eve celebration; a Commonwealth Day celebration (24 May; also known as “cracker night”); a traditional cultural occasion (like Chinese New Year, Diwali or Guy Fawkes Night); a finale to a major agricultural show (like Royal Hobart Show or Agfest); a finale to a major sporting or recreational event (like the Royal Hobart Regatta or Launceston Festivale); a school fair; a community fair; the celebration of a major anniversary or milestone of political, historical or other significance to the Commonwealth or the State (like Australia Day, Tasmania Day or a city centenary); the performance of an artistic work that incorporates or is associated with the use 187 (d) (e) (f) (g) (h) (i) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 6 of explosives (like Handel’s “Music for the Royal Fireworks”); (j) (k) (l) a military tattoo; the opening or anniversary of a major commercial enterprise; a purpose that substantially corresponds to one of these purposes. 2. For regulation 111(8)(h), the testing of fireworks, for classification or other purposes, by a fireworks importer, manufacturer or supplier, is also taken to be an approved purpose. 188 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 SCHEDULE 7 – STANDARD CONDITIONS OF FIREWORKS DISPLAY PERMITS Regulation 113 1. Interpretation (1) In this Schedule – “checked”, in the case of Type 3 fireworks or associated equipment, means checked by a pyrotechnician; “display” means the relevant fireworks display; “display equipment” includes mortars, stakes and frames; “fireworks” means Type 2 fireworks or Type 3 fireworks; “firing area” means any area in which fireworks are made ready for firing or from which they are fired; “permit” means the display permit; relevant fireworks “site” means the immediate site of the display. (2) Unless the contrary intention appears, if an expression used in this Schedule is defined in regulation 104 it has the same meaning in this Schedule. 189 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 2. Supervision and control (1) The following persons must be on site throughout the display: (a) (b) (c) the holder of the permit (if the permit is held by a natural person); the responsible adult (if the permit is held by a body of persons); the nominated pyrotechnician (if Type 3 fireworks are to be used at any stage of the display). (2) An authorised officer may cancel or temporarily halt the display if he or she reasonably believes that – (a) the conditions of the permit have been, are being or are likely to be contravened in a serious way; or there is a genuine danger to any persons or property. (b) 3. Notifications and publicity (1) The holder of the permit must ensure that the following persons are given at least 7 clear days’ notice of the display: (a) (b) 190 the Tasmania Fire Service; Tasmania Police; Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 (c) the general manager of the municipal area in which the proposed site is located; the owner or occupier of each property adjoining the proposed site; the owner or occupier of each property, within a one-kilometre radius of the proposed site, used for commercial livestock operations; if the proposed site is within one kilometre of any reserved land within the meaning of the Nature Conservation Act 2002, the Director of National Parks and Wildlife; if the proposed site is within one kilometre of a State forest within the meaning of the Forestry Act 1920, Forestry Tasmania; if the proposed site is on the seashore and the display will involve any aerial display of fireworks, the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 (“MAST”). (d) (e) (f) (g) (h) (2) A person is taken to have complied with subclause (1) if the person – (a) gives the required notices individually; or 191 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 (b) gives public notice of the display by means of a notice in a daily newspaper published and circulating generally in the region in which the display is to be held. 4. Timing and duration (1) The display must not last, in total, longer than 30 minutes (from the first to the last firing, inclusive of breaks). Unless the permit provides otherwise, the display must not – (a) in the case of a New Year’s Eve fireworks display, commence before midnight on New Year’s eve or continue after 12.30 a.m. of the following day; or in the case of any other fireworks display, commence before 6 p.m. or continue after 10 p.m. on the day it is authorised to be held. (2) (b) (3) Despite any other condition of the permit, the display must not commence or, if it has commenced, proceed – (a) (b) in contravention of a total fire ban declaration; or in unsafe meteorological conditions. 192 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 5. Fire-fighting equipment (1) (2) Adequate fire-fighting equipment must be provided on site throughout the display. In this clause – “adequate”, fire-fighting equipment, means at least 2 suitable fire extinguishers, 2 sand buckets and one hose connected to a water supply. 6. Safe firing distances – aerial fireworks (1) Fireworks in the form of projectiles designed to attain, or ordinarily capable of attaining, heights greater than 60 metres must not be fired within 5 kilometres of an aerodrome. Fireworks consisting of or including aerial fireworks must be so placed and fired that their trajectory is at least 10 metres distant from any – (a) (b) (c) (d) (e) above-ground power lines; or above-ground communications cables; or streetlamp poles or flagpoles; or gantries, cranes structures; or tall trees. or similar high (2) 193 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 7. Safe firing distances – protected works, &c. (1) Fireworks must not be fired within 200 metres of any place where other explosives or flammable or combustible materials are stored. Fireworks must not be fired within 50 metres of any – (a) (b) (c) (d) (3) protected works (outside the immediate venue for the display); or major infrastructure; or tent, marquee or similar shelter; or motor vehicle. (2) Fireworks consisting of a shell or mortar exceeding 75 millimetres in diameter must not be fired within 100 metres of any – (a) (b) (c) (d) protected works; or major infrastructure; or tent, marquee or similar portable shelter; or motor vehicle. (4) Despite subclauses (2) and (3), fireworks must not be fired within 500 metres of protected works of the following kind without the approval of the owner of, or an authority responsible for, those protected works: (a) a school or other educational institution; 194 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 (b) (c) (d) a hospital or other medical institution; a retirement home, aged respite centre or other aged care facility; a church or other place of public worship. 8. Spectator safety (1) The holder of the permit is responsible for crowd control and ensuring that spectators do not gain access to any fireworks or firing areas. Aerial fireworks or shells must not be fired so as to cross over or burst over any designated spectator or parking area. Any area set apart for the landing of aerial fireworks or associated debris (or any area in which such fireworks or debris may reasonably be expected to land) must be – (a) (b) (4) free of flammable material; and or combustible (2) (3) be at least 100 metres from any designated spectator area. Fireworks must not be fired within the prescribed distance of any designated spectator area. In this clause – “prescribed distance” means – 195 (5) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 (a) (b) (c) for Type 2 fireworks, 10 metres; and for Type 3 (ground display) fireworks, 25 metres; and for Type 3 (aerial) fireworks with a shell not exceeding 100 millimetres in diameter, 100 metres; and for Type 3 (aerial) fireworks with a shell exceeding 100 millimetres in diameter, 100 metres plus one extra metre for every millimetre by which the diameter of the shell exceeds 100 millimetres. (d) 9. Fireworks precautions (1) Before being taken on site – (a) (b) Type 3 fireworks must be kept in an approved magazine; and Type 2 fireworks must be securely held away from any ignition source or from other dangerous substances with which they could explosively interreact. (2) Once any fireworks have been taken on site, they – (a) must be kept in closed containers, at least 25 metres away from the firing area, until 196 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 they need to be positioned and made ready for firing; and (b) (3) must not, before being fired, be left unattended at any time. All fireworks must be checked for damage or defects before the display and any found to be damaged or defective (or suspected of being so) must be put aside and not used. Fireworks that do not have the manufacturer’s instructions printed on their casing must not be fired unless the manufacturer is responsible for their firing. Misfires must be destroyed or safely removed from the site in an approved portable magazine, preferably by soaking with water for at least 10 hours and then burying, but under no circumstances may misfires be burned. (4) (5) 10. Mortars (1) All mortars must be checked before the display (particularly for bent, bulging or split tubes) and any mortars found to be damaged or defective (or suspected of being so) must be put aside and not used. Mortars must be – (a) (b) securely pegged; and so sited that their projectiles will fire as near to the vertical as possible. 197 (2) Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 7 11. Follow-up measures (1) (2) Immediately after the display, all necessary follow-up measures must be taken. Any misfires found must accordance with clause 9(5). be treated in 12. Incidents and accidents (1) Any incident or accident attributable in any way to the display fireworks (whether or not resulting from their actual firing and whether or not causing damage or injury) must be promptly reported to an authorised officer. For the purposes of subclause (1), a serious misfire or malfunction of a Type 3 firework is taken to be an incident. (2) 198 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 8 SCHEDULE 8 – INFRINGEMENT NOTICES OFFENCES AND PENALTIES Regulation 137 Column 1 Provision Column 2 Penalty (penalty units) For a body corporate Section 33(2) Section 34(2) Section 35(2) Section 36 Section 45 Section 46(1) Section 46(2) Section 48(2) Section 49(4) Section 52 Section 53(1) Section 53(2) Section 60(3) Section 79(2) Section 79(3) Section 79(4) 20 20 20 20 20 10 10 20 20 20 10 10 10 5 5 5 For an individual 20 20 20 20 20 10 10 20 20 20 10 10 10 5 5 5 199 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 8 Column 1 Provision Column 2 Penalty (penalty units) For a body corporate Regulation 19(1) 25 for MHF offence 15 for DSL offence 5 for other offence Regulation 21(1) Regulation 22(1) 25 25 for MHF offence 15 for DSL offence Regulation 23(1) 25 for MHF offence 15 for DSL offence Regulation 27(2) Regulation 27(3) Regulation 53(2) 5 5 25 for MHF offence 15 for DSL offence 5 for other offence Regulation 57(2) Regulation 57(3) Regulation 58(2) Regulation 58(3) Regulation 59(1) 5 5 5 5 5 For an individual 25 for MHF offence 15 for DSL offence 5 for other offence 10 25 for MHF offence 15 for DSL offence 25 for MHF offence 15 for DSL offence 5 5 25 for MHF offence 15 for DSL offence 5 for other offence 5 5 5 5 5 200 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 8 Column 1 Provision Column 2 Penalty (penalty units) For a body corporate Regulation 59(2) Regulation 59(3) Regulation 60(1) Regulation 60(2) Regulation 60(3) Regulation 76(3) Regulation 77(2) Regulation 77(3) Regulation 78 Regulation 79 Regulation 82(3) Regulation 103(1) Regulation 103(2) Regulation 122(1) Regulation 122(2) Regulation 122(3) Regulation 123(1) Regulation 124 5 5 5 5 5 15 15 15 N/A N/A 15 15 15 25 25 25 25 25 For an individual 5 5 5 5 5 5 5 5 5 5 3 5 5 25 25 25 25 25 201 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 8 Column 1 Provision Column 2 Penalty (penalty units) For a body corporate Regulation 134(1) Regulation 134(2) Regulation 134(3) Regulation 134(4) 5 5 5 5 For an individual 5 5 5 5 202 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. sch. 9 SCHEDULE 9 – STATUTORY RULES RESCINDED Regulation 138 Dangerous Goods (General) Regulations 1998 (No. 163 of 1998) Dangerous Goods (Fees) Regulations 1998 (No. 164 of 1998) Dangerous Goods (General) Amendment Regulations 1999 (No. 108 of 1999) Dangerous Goods (General) Amendment Regulations 2000 (No. 217 of 2000) Dangerous Goods (General) Amendment Regulations 2002 (No. 162 of 2002) Dangerous Goods (General) Amendment (Tasmanian Ports Corporation) Regulations 2005 (No. 138 of 2005) 203 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. Printed and numbered in accordance with the Rules Publication Act 1953. Notified in the Gazette on 200 . These regulations are administered in the Department of Justice. EXPLANATORY NOTE (This note is not part of the regulations) These regulations – (a) prescribe a range of matters for the Dangerous Substances (Safe Handling) Act 2005 including – (i) criteria for determining whether locations come under the Act or specific parts of the Act; and key notification and recording requirements; and ways of achieving acceptable levels of risk at places where dangerous substances are handled; and specific controls for fireworks and fireworks displays; and specific controls for explosives other than fireworks; and (ii) (iii) (iv) (v) 204 Dangerous Substances (Safe Handling) Regulations 2008 Statutory Rules 2008, No. (vi) specific controls for shot-firing activities including blasting and shot-firer training; and fees and offences; and (vii) (b) rescind spent and superseded regulations. 205