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EXPLOSIVES REGULATION 2017 - REG 118
How manager must deal with request
118 How manager must deal with request
(1) If the manager of a government magazine receives a request under
section 117 , the manager must, as soon as practicable after receiving the
request— (a) decide whether to approve the request, with or without
conditions; and
(b) give the applicant a notice under subsection (2) or (3) .
(2) If the manager decides to approve the request, the notice must state each
of the following— (a) that the request is approved;
(b) any conditions of
the approval to carry out the activity;
(c) that an explosive stored at the
government magazine may be inspected and sampled by— (i) the manager of the
magazine under section 115 ; or
(ii) an inspector under the Act ;
(d) that
the applicant may carry out an activity at the government magazine in relation
to the explosive only with the chief inspector’s consent;
(e) that the
chief inspector may require, as a condition of consenting to the activity
being carried out, that the activity be carried out under the supervision of a
relevant supervisor;
(f) that before the explosive is stored, or the activity
is carried out, at the government magazine, the applicant must agree to pay,
within 30 days after receiving an account for the fee, any fee charged by the
chief inspector under section 122 for storing the explosive or supervising the
activity;
(g) for a request to store an explosive, that the explosive must,
unless an exemption is given by the chief inspector for section 119 (1) (d)
— (i) be properly classified, packaged, marked and labelled as required
under the Australian explosives code or the Australian dangerous goods code;
and
(ii) be in a safe and secure condition for storage, handling and
transport;
(h) the powers of the chief inspector under subdivision 5 if a fee
mentioned in paragraph (f) is not paid.
(3) If the manager decides not to
approve the request, the notice must state— (a) that the request is not
approved; and
(b) the reasons for the decision.
(4) The manager may decide
to approve a request to store an explosive at the government magazine only if
the manager is reasonably satisfied the explosive may be safely and securely
stored at the magazine.
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