EXPLOSIVES REGULATION 2017

Queensland Consolidated Regulations

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EXPLOSIVES REGULATION 2017

- Made under the Explosives Act 1999
- As at 1 February 2024
- Reg 150 of 2017

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions
4. References to classifying explosive
5. References to mass of explosive
6. Substances declared to be explosives
7. Explosives exempt from Act
8. Government entities exempt from Act
8A. Security sensitive explosives—Act, sch 2
9. Alternative safety and security measures
10. Inconsistency with Australian Standards, codes of practice etc.

PART 2 - AUTHORISED EXPLOSIVES, PROHIBITED EXPLOSIVES AND EXPLOSIVES TRIAL APPROVALS

Division 1 - Preliminary

11. Definitions for part

Division 2 - Authorised explosives

12. Classification of authorised explosives—Act, s 8
13. Request for declaration of authorised explosive
14. Advice of chief inspector’s decision

Division 3 - Prohibited explosives

15. Declaration of prohibited explosive—Act, s 10

Division 4 - Explosives trial approvals

16. Application for explosives trial approval
17. How chief inspector must deal with application
18. Conditions of explosives trial approval

PART 2A - OBLIGATIONS OF EMPLOYERS GENERALLY

18A. Age of employees—Act, s 33

PART 2B - (Repealed)

PART 3 - AUTHORITIES AND SECURITY CLEARANCES

Division 1AA - Security clearances

18B. Notification requirements for security clearance holders
18C. Persons to be notified if security clearance suspended, cancelled or surrendered
18D. Fees for security clearance

Division 1 - Types of authorities and related matters

19. Authorities that may be issued—Act, s 13
20. Term of authority—Act, s 19
21. Fees for authority
22. (Repealed)
23. Refund of fee if licence surrendered
23A. Occupational authorities—Act, sch 2

Division 2 - Matters authorised by authorities

24. Application of division
25. Licence to import explosives and licence to export explosives
26. Permit to import explosives and permit to export explosives
27. Licence to manufacture explosives
28. Licence to sell explosives
29. Licence to store explosives
30. Permit to store explosives
31. Licence to transport explosives
31A. Explosives driver licence
32. Licence to use explosives
33. Shotfirer licence
34. Fireworks contractor licence
35. Fireworks operator licence
36. Licence to collect ammunition

Division 3 - Appropriate persons for issue of authorities

36A. Explosives driver licence
37. Shotfirer licence
38. Fireworks contractor licence
39. Fireworks operator licence
40. Other authorities

Division 4 - Applications for licences to transport explosives

41. Additional requirement for applicant for licence

Division 5 - General provisions for authority holders

42. Employee of particular authority holder taken to be holder of authority
43. Notification requirements for all authority holders
43A. Notification requirements for holders of security sensitive authorities
44. Notification requirements for particular authority holders
45. Record keeping relating to disposal of explosives

Division 5A - Safety and security requirements

46. Definitions for division
46A. Requirement for safety and security management system
46B. Safety and security requirements under other legislation
46C. Contents of security plan
46D. Requirement to review security plan

Division 6 - Applications for renewal of particular authorities

47. Information that must accompany application

Division 7 - Register of authorities and security clearances

47A. Register to be kept by chief inspector

PART 4 - POSSESSING EXPLOSIVES

48. Explosives to which s 34(1) of Act does not apply
49. Children prohibited from possessing particular explosives
50. Possession and initiation of particular explosives in public place prohibited

PART 5 - IMPORTING AND EXPORTING EXPLOSIVES

Division 1 - Exemptions

51. Explosives exempt from s 36 of Act
52. Explosives exempt from s 37 of Act

Division 2 - Requirements for holders of licences to import explosives and licences to export explosives

53. Definition for division
54. Condition of explosives
55. Ensuring explosive complies with notice under s 37 of Act
56. Record keeping
57. Ensuring particular persons are aware of obligations
58. Making explosive available for inspection
59. Handling of explosive at port

Division 3 - Requirements for holders of permits to import explosives and permits to export explosives

60. Definition for division
61. Ensuring particular persons are aware of obligations
62. Making explosive available for inspection

Division 4 - Handling of explosives at port

63. Application of division
64. Definitions for division
65. Requirements for handling explosives at port
66. Port authority or port operator to prepare explosives limits document
67. How chief inspector must deal with explosives limits document
68. Changing approved explosives limits
69. Chief inspector may impose interim explosives limits

PART 6 - MANUFACTURING EXPLOSIVES

Division 1 - Prescribed matters

70. (Repealed)
71. Prescribed explosives and conditions—Act, s 38

Division 2 - Requirements for holders of licences to manufacture explosives

72. Definition for division
73. Manufacturing explosives
74. Storing explosives manufactured
75. Signage at explosives factory
76. Persons to whom explosives may be supplied
77. Documents to be kept

Division 3 - Rules of conduct for persons at explosives factories

78. Definition for division
79. Person must comply with instructions and procedures
80. Person must report particular matters
81. Prohibited conduct

PART 7 - SELLING EXPLOSIVES

82. Explosives exempt from s 41 of Act
83. Persons to whom explosives may be sold
84. Requirements about condition of explosives sold
85. Exposing explosives for sale in shop window prohibited
86. (Repealed)
87. Requirement to report suspect or unusual request to purchase security sensitive explosive
88. Restriction on holder of licence selling security sensitive explosive to new client
89. Restriction on holder of licence selling security sensitive explosive to existing client
90. Requirements for holder of licence to sell explosives
91. Record keeping
92. (Repealed)
93. Offences about purchasing explosives

PART 8 - STORING EXPLOSIVES

Division 1 - Preliminary

94. Definition for part
95. Explosives exempt from s 44 of Act

Division 2 - Requirements for storing schedule 4 explosives

96. Application of division
97. Definitions for division
98. General requirements for storing schedule 4 explosives
99. Requirements for storing small arms ammunition and power device cartridges
100. Requirements for storing distress signals in shop
101. Requirements for storing particular fireworks
102. Requirements for storing propellant powder
103. Requirements for storing blasting explosives

Division 3 - Requirements for holders of licences to store explosives and permits to store explosives

104. Definition for division
105. Requirements for storing explosives
106. Authority must be kept at storage facility
107. Explosives to be supplied only to authorised persons
108. Inspection of storage facility
109. Record keeping
110. Notification of change to risk associated with storage facility

Division 4 - Government magazines

Subdivision 1 - Preliminary

111. Definitions for division

Subdivision 2 - Managers of government magazines

112. Appointment
113. Functions
114. Duties
115. Powers to inspect, take samples of and repackage explosives
115A. Manager may authorise magazine employees to give instructions

Subdivision 3 - Entry

116. Entry to government magazines
116A. Entry to areas within government magazines

Subdivision 4 - Storage of explosives and carrying out activities in relation to explosives

117. Request to store explosive or carry out activity
118. How manager must deal with request
119. Requirements for storing explosive
120. Requirements for carrying out activity

Subdivision 5 - Charging and recovery of fees for services provided at government magazines

121. Meaning of relevant person
122. Chief inspector may charge fee
123. Powers of chief inspector if fee not paid
124. Requirements for chief inspector exercising powers
125. Sale or disposal of explosive

Subdivision 6 - Notice of transfer of ownership of explosives stored at government magazines

126. Notice of transfer of ownership of explosive

Division 5 - Rules of conduct for persons at storage facilities and government magazines

127. Application of division
128. Definitions for division
129. Person must comply with instructions and procedures
130. Person must report particular matters
131. Prohibited conduct

PART 9 - TRANSPORTING EXPLOSIVES

Division 1 - Explosives too dangerous to transport

132. Explosives declared to be too dangerous to transport

Division 2 - Exemptions and related matters

133. Explosives exempt from s 50(1) of Act
134. Requirements for consignors and consignees of particular explosives
135. Amounts of explosives—Act, s 50
136. Conditions for transporting explosives—Act, s 50
136A. Transport of explosives by persons employed at mines—Act, s 50

Division 3 - General requirements

137. General requirements for transporting explosives
138. Authority must be kept in vehicle
138A. Licence must be available for inspection

Division 4 - Rules of conduct for employees of holders of licences to transport explosives

139. Application of division
140. Person must comply with instructions, notices and procedures
141. Person must report particular matters
142. Prohibited conduct

Division 5 - Insurance

143. Application of division
144. Insurance requirements
145. Chief inspector may require production of evidence of insurance

Division 6 - Competent authority

145A. Chief inspector is competent authority—Act, s 51A

Division 7 - Determinations

Subdivision 1 - Making and effect of determinations

145B. Competent authority may make determinations—Act, s 51A
145C. Offences relating to determinations

Subdivision 2 - Administrative determinations

145D. Applications for administrative determinations or amendments
145E. Deciding applications
145F. Notice of decision
145G. Form and term of administrative determinations
145H. Replacement administrative determinations
145I. Grounds for amending, suspending or cancelling administrative determinations
145J. Notice of proposed action
145K. Amending, suspending or cancelling administrative determinations generally
145L. Suspension on conditions
145M. Cancellation for failure to take remedial action
145N. Immediate suspension of administrative determinations

Subdivision 3 - Register of determinations

145O. Register of determinations—Act, s 51A

Division 8 - (Repealed)

PART 10 - USING EXPLOSIVES

Division 1 - General

146. Explosives to which s 53(1) of Act does not apply
147. Employer’s obligations about employees engaged in using explosives

Division 2 - Use of blasting explosives

Subdivision 1 - Preliminary

148. Definitions for division
149. Explosives to which s 53(1) of the Act does not apply

Subdivision 2 - Requirements about appropriate persons

150. Restriction on appointing shotfirer
151. Restriction on allowing supervised person to use blasting explosives

Subdivision 3 - Requirements for shotfirers

152. Use of blasting explosives
153. Record keeping
154. Notice of proposed blasting

Subdivision 4 - Requirements for holders of licences to use blasting explosives

155. Notice of proposed blasting

Division 3 - Use of fireworks

Subdivision 1 - Preliminary

156. Application of division
157. Meaning of display host
158. Meaning of fireworks contractor
159. Meaning of fireworks operator
160. Meaning of organise fireworks display
161. Meaning of use fireworks in fireworks display
162. Meaning of safety and security requirements for fireworks display

Subdivision 2 - General provisions

163. Prohibition on organising fireworks display
164. False representations about holding fireworks contractor licence
165. Prohibition on using fireworks in fireworks displays

Subdivision 3 - Requirements for display hosts

166. Display hosts’ obligations about safety and security of fireworks displays

Subdivision 4 - Requirements for fireworks contractors

167. Public risk insurance
168. Fireworks contractor’s obligations about safety and security of fireworks display
169. Notice of fireworks display to be given to inspector
170. Notice of fireworks display to be given to emergency services etc.
171. Notice to be given to inspector after fireworks display
172. Safety of fireworks supplied to fireworks operator
173. Keeping records

Subdivision 5 - Requirements for fireworks operators

174. Use of firework

PART 11 - COLLECTORS OF AMMUNITION

175. Collectors must be able to demonstrate particular ammunition is free from explosive material
176. Approved collectors associations

PART 12 - SAFETY AND HEALTH FEE

177. Definitions for part
177A. Application of part
178. Payment of safety and health fee
179. Holder must give safety and health census after end of each reporting period
179A. Reporting period for authority with 5 or fewer workers
179B. Effect of notice or increase in worker numbers
179C. Records of information included in safety and health census
180. Notice may be given if safety and health census not given or is inadequate
181. Fee for late safety and health census
182. Unpaid fees
183. Refund of overpayment of safety and health fee

PART 13 - MISCELLANEOUS PROVISIONS

Division 1 - External reviews by QCAT

184. Application for external review

Division 2 - Other provisions

185. Period for keeping records
186. Person not relieved of obligation merely because other person has same obligation
187. Prohibition on giving explosives to unauthorised person
188. False or misleading information in application for authority or security clearance
189. Acquirer must not give false or misleading information
190. Service provider must not give false or misleading information
191. Prohibition on altering authority
192. Labels etc. to be written in English

PART 14 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provisions for SL No. 150 of 2017

193. Definitions for division
194. Remedial action notice given under former s 9
195. Notice given under former s 13
196. Application made under former s 16
197. Approvals and consents by chief inspector under 2003 regulation
198. Explosives limits documents given under former s 61 or 63
199. Interim explosives limit imposed under former s 64(2)
200. Client record and proposed use under former s 78B
201. Requirement to keep record continues
202. Appointment of manager of government magazine continues
203. Request made under former s 103
204. Approval under former s 104
205. Continuation of entitlement to take action for failure to pay fee
206. Continuation of entitlement to recover amount as debt
207. Requirement to give notice continues
208. Notice taken to have been given
209. References to 2003 regulation

Division 2 - Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019

210. Existing licence to transport explosives
211. Employees of holder of licence to transport explosives

Division 3 - Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020

212. Requirement to keep records of information included in safety and health census
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7

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