(1)  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 a lesser quantity, if any, that the relevant port authority may have set; and

(b) for a class 1.3 explosive, 2 000 kilograms or a lesser quantity, if any, set by the relevant port authority; and

(c) for a class 1.4 explosive, the quantity, if any, set by the relevant port authority;

recognised port means a port defined in regulation 5 of the Marine and Safety (Pilotage and Navigation) Regulations 2007 .

(2)  A person importing or exporting explosives in any form (including fireworks) by sea must ensure that –

(a) the explosives are imported or exported only through a recognised port; and

(b) the explosives are handled in accordance with AS 3846.

Penalty:  Fine not exceeding 50 penalty units.

(3)  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

(b) the total quantity of explosives within the precincts of the port does not at any time exceed –

(i) the port explosives limit; or

(ii) the higher limit, if any, that the Secretary, after consulting the port authority, may have approved.

Penalty:  Fine not exceeding 50 penalty units.

(4)  To determine whether to give an approval under subregulation (3)(b)(ii) , the Secretary may require from the port authority a report that –

(a) identifies and assesses the risks, if any, of approving the higher limit; and

(b) indicates how those risks can be most effectively and prudently managed and, if possible, mitigated; and

(c) contains such technical data, expert evaluations and other material as the Secretary, by the requirement, may specify.