Tasmanian Numbered Regulations

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EXPLOSIVES REGULATIONS 2012 (S.R. 2012, NO. 128) - REG 88

Applications for fireworks display permits
(1)  An application for a fireworks display permit must be in accordance with regulation 113 and, additionally –
(a) state the purpose of the proposed fireworks display; and
(b) nominate, if the applicant is a corporation, a responsible adult and an alternative responsible adult; and
(c) nominate, if Type 3 fireworks are to be used, a pyrotechnician; and
(d) unless the Secretary otherwise agrees, be lodged at least 21 clear days before the date of the proposed fireworks display.
(2)  The responsible adult is to be the person who will, on behalf of the applicant corporation –
(a) generally oversee and direct the proposed fireworks display; and
(b) monitor and ensure, on the ground, compliance with the permit conditions for the permit holder; and
(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 alternative 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.
(4)  The nominated pyrotechnician is to be the pyrotechnician who will be responsible for –
(a) procuring the fireworks for the proposed display; and
(b) if applicable, using or supervising the use of any Type 3 fireworks in the proposed display.
(5)  In the case of an applicant who is a natural person and also a pyrotechnician, the nominated pyrotechnician may be the applicant.
(6)  More than one pyrotechnician may be nominated if procurement and use are to be in separate hands.
(7)  The Secretary may –
(a) refuse the application; or
(b) approve the application and grant a fireworks display permit on the conditions as to safety, the maximum gross weight of Type 2 fireworks that may be procured or used, notification and publicity, supervision, training, timing or otherwise that 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)  The Secretary may only specify in a permit, in a condition under subregulation (7)(b) as to the maximum gross weight of Type 2 fireworks that may be procured or used, a gross weight that is –
(a) less than 20kg; or
(b) if there is a determination in force under regulation 89(6) , less than the gross weight specified in the determination.
(9)  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;
(b) that the applicant is, in the case of a natural person, an adult;
(c) 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;
(d) that, if applicable, a person nominated as responsible adult or alternative responsible adult is capable of performing that role;
(e) that, if applicable, a person nominated as responsible adult or alternative responsible adult has agreed to be so nominated;
(f) that, if applicable, the nominated pyrotechnician has agreed to be so nominated;
(g) that the proposed fireworks display can be safely organised or held;
(h) that the proposed fireworks display is for an approved purpose specified in Schedule 6 .
(10)  The Secretary must refuse the application if the proposed fireworks display would contravene a total fire ban declaration.
(11)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of –
(a) the refusal; and
(b) the reasons for the refusal; and
(c) unless subregulation (10) applies, the right of review.
(12)  If the application is approved, the Secretary is to do the following as soon as practicable:
(a) notify the applicant of the approval;
(b) issue the applicant with a fireworks display permit.
(13)  If the application is approved, the Secretary may liaise with and notify such persons of the matter as the Secretary thinks fit, including –
(a) the Police Service; and
(b) the Tasmania Fire Service or other emergency services; and
(c) any affected council.



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