Victorian Consolidated Regulations

DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2022

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

           Division 1--General

   1.      Objectives  
   2.      Authorising provision  
   3.      Commencement  
   4.      Revocation  
   5.      Definitions  

           Division 2--Application

   6.      General exemptions  
   7.      Detonators of Hazard Division 1.4  
   8.      Storage or transport together of explosives of more than one Hazard Division  

           Division 3--Incorporation of external documents

   9.      Publication date of amendments to AEC  
   10.     Date of effect of amendments to incorporated documents  
   11.     Effect of incorporation of AEC or Australian Standards  
   12.     Inconsistencies between provisions  

           Division 4--Exemptions

   13.     Quarterly returns of stock-lists not required  
   14.     Exemption from provisions of these Regulations  
   15.      Authority may grant class exemptions on its own initiative  
   16.     Power of Authority to amend, suspend or revoke exemptions  
   17.     Refusal of application or request  
   18.     Partial grant of application or request  

           Division 5--Approvals by the Authority

   19.     Approvals by the Authority  

   PART 2--DUTIES APPLICABLE TO ALL PERSONS

   20.     Security of explosives  
   21.     Unlawful possession of explosives  
   22.     Misuse of explosives prohibited  
   23.     General fire precautions—ignition sources  
   24.     Further fire precautions  
   25.     Adequate lighting required  
   26.     Reporting of injury, property damage and dangerous incidents  
   27.     Reporting of theft, loss or attempted theft  
   28.     Restrictions on people under 18 years of age  
   29.     Persons under the influence of alcohol or drugs  
   30.     Placement, visibility and maintenance of signs and notices  
   31.     Removal of signs and notices  

   PART 3--PACKAGING AND MARKING

   32.     Explosives to be packaged and marked in accordance with the AEC  
   33.     Duties in relation to the AEC  
   34.     Duties of persons who pack explosives  

   PART 4--MANUFACTURE

           Division 1--Preliminary

   35.     Application  
   36.     Definition  

           Division 2--Licensing and safety management

   37.     Licence to manufacture explosives  
   38.     Safety management system  
   39.     Safety management system consultation  
   40.     Records of modifications to be kept  
   41.     Authority may require changes to safety management system  
   42.     Licensees to inform relevant fire authority of licences  
   43.     Separation distances to be maintained  

           Division 3--Manufacture of explosive mixtures

   44.     Authorised person  
   45.     Explosive mixtures  
   46.     Buildings, structures, appliances and associated equipment for manufacturing explosive mixtures  
   47.     Manufacture of explosive mixtures  
   48.     Components or ingredients to be kept in marked containers  
   49.     Notice to be displayed  
   50.     Other persons to be kept clear  
   51.     Other explosives to be kept away  
   52.     Fire precautions to be observed  
   53.     Disposal of spills and packaging  
   54.     Equipment to be cleaned after use  
   55.     Precautions to be taken before undertaking repairs or alterations  
   56.     Storage of unused explosive mixtures  
   57.     Location of place of manufacture of an explosive mixture  
   58.     Authorised person not to leave the manufacture unattended  

           Division 4--Manufacture of safety cartridges and cartridge ammunition

   59.     Requirements for the manufacture of safety cartridges and cartridge ammunition  

   PART 5--STORAGE

           Division 1--General provisions

   60.     Application  
   61.     Persons storing explosives to comply with requirements  
   62.     Licence to store explosives  

           Division 2--Provisions applying to all storage

   63.     Explosives to be in compliant packaging  
   64.     Explosives to be kept secure  
   65.     Persons to keep storages and receptacles clean  
   66.     Damaged or deteriorated explosives or packages—general  
   67.     Explosives not to be stored in safes or refrigerators  
   68.     Storage of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives  
   69.     No storage of detonators with other explosives  
   70.     Storage of safety fuse  
   71.     Requirements for construction and maintenance of receptacles  
   72.     Markings on buildings, rooms and receptacles  
   73.     Markings inside receptacles  
   74.     Separation of explosives of different Compatibility Groups  
   75.     Explosives of different Hazard Divisions  

           Division 3--Duties of all licensees

   76.     Damaged or deteriorated explosives or packages  
   77.     Licensee to keep means of access clear  
   78.     Licensee to keep persons present at storage to a minimum  

           Division 4--Emergency response

   79.     Licensees must have an emergency management plan  
   80.     Firefighting equipment  

           Division 5--Medium scale storage

   81.     Application  
   82.     Licensees who must comply with this Division  
   83.     Meaning of medium scale storage  
   84.     General requirements for medium scale storage  
   85.     Signs at premises  
   86.     Requirements for construction and maintenance of buildings and rooms  
   87.     General fire precautions  
   88.     Requirements for construction and maintenance of receptacles  

           Division 6--Storage above prescribed quantities

   89.     Application  
   90.     Storage to be in accordance with AS 2187.1  
   91.     Records to be kept  
   92.     Compliance with requirements of AS 2187.1  
   93.     Lightning protection  
   94.     Security fencing for premises used for storage above prescribed quantities  
   95.     When separation distances apply  
   96.     Notices to be posted at premises used for storage above prescribed quantities  
   97.     Certain licensees to inform relevant fire authority of licences  
   98.     Portable lighting in a storage must not pose threat of ignition  

   PART 6--SALE

           Division 1--General provisions

   99.     Licence to sell explosives  
   100.    Packaging of explosives when sold  
   101.    Place of selling  
   102.    No display of explosives for sale  
   103.    Damaged or defective explosives not to be sold  

           Division 2--Sale of explosives

   104.    Explosives to be sold to authorised persons only  
   105.    Records of purchase or sale of explosives  
   106.    Duties when purchasing explosives  
   107.    Purchase under authority issued by the Authority  

   PART 7--TRANSPORT

           Division 1--General

   108.    Application  
   109.    Licences to transport explosives by road  
   110.    Licence to transport explosives by rail  
   111.    Transport of explosives of Hazard Division 1.1A  
   112.    Transport of explosives by boat  

           Division 2--Australian Explosives Code

   113.    Explosives to be transported in accordance with AEC  
   114.    Who must comply with the AEC?  
   115.    AEC training  
   116.    Stationary vehicles taken to be transporting explosives  

           Division 3--Determinations by the Authority and restrictions on road transport routes

   117.    Register of determinations  
   118.    Records of determinations  
   119.    Explosives not to be transported in or through Central Business District  
   120.    Restrictions on the transport of certain explosives through designated tunnels and approach roads  
   121.    Transport of explosives in or through Melbourne metropolitan area  
   122.    Transport of explosives in or through non‑metropolitan areas  
   123.    Maximum vehicle load  

           Division 4--Additional requirements at rail yards

   124.    Requirements for explosives in rail yards or sidings  

   PART 8--USE OF BLASTING EXPLOSIVES

           Division 1--Preliminary

   126.    Licence to use blasting explosives  

           Division 2--General

   127.    Method of keeping explosives at a blasting site  
   128.    Damaged or defective explosives  

           Division 3--Equipment for blasting operations

   129.    Use of equipment to initiate explosives  

           Division 4--Blasting operations

   130.    Use of blasting explosives  
   131.    Requirement to have blast management plan  
   132.    Total fire ban days  
   133.    Preparation of detonators for firing  
   134.    Vibration and noise levels  
   135.    Conduct of persons at site of blasting operations  
   136.    Precautions during charging of blast holes using pumpable or free flowing explosives  
   137.    Precautions after blast  
   138.    Shotfirer to ensure no means of self-detonation  
   139.    Charging and firing charges  

           Division 5--Special blasting operations

   140.    Demolition of buildings and other structures  

   PART 9--FIREWORKS--POSSESSION AND USE

           Division 1--General provisions

   141.    Definitions  
   142.    Licence to use fireworks  
   143.    Licence to be produced  
   144.    Seizure of fireworks that are unauthorised explosives  
   145.    Consumer fireworks  

           Division 2--Display fireworks, Chinese firecrackers and theatrical fireworks

   146.    Criteria for use of Chinese firecrackers  
   147.    Pyrotechnicians to notify authorities of intended fireworks  
   148.    Chinese firecrackers not to be discharged indoors  
   149.    Use of long string Chinese firecrackers  
   150.    Use of theatrical fireworks  
   151.    Conduct after discharge of fireworks  
   152.    Malfunctions  
   153.    Use of flash powder  

           Division 3--Management of firework displays

   154.    Application  
   155.    Fire protection  
   156.    Separation distances  
   157.    Security of display site  
   158.    Keeping fireworks at display site  
   159.    Firing of display fireworks  
   160.    Misfired fireworks  

   PART 10--DISTRESS SIGNALS

   161.    Possession and use of distress signals  

   PART 11--DISPOSAL, DESTRUCTION AND RENDERING HARMLESS

   162.    Explosives must be disposed of etc. safely  
   163.    Only licensed persons may dispose of certain explosives  
   164.    Distress signals to be disposed of safely  
   165.    Arranged disposal permitted  
   166.    Disposal at approved destruction facility permitted  

   PART 12--IMPORT

   167.    Licence to import explosives  

   PART 13--PORTS

           Division 1--Preliminary

   168.    Application  
   169.    Notification of explosives on board  
   170.    Restriction on entry into ports  

           Division 2--Berths

   171.    Berths for vessels  

           Division 3--Handling and transport of explosives in port areas

   172.    Emergency procedures  
   173.    Vessel operations and handling and transport of explosives to proceed with due care  
   174.    Compatibility and mixed stowage  

   PART 14--LICENCES

           Division 1--Applications for licences

   175.    Applying for a licence  
   176.    Refusal to issue or renew a licence  
   177.    Refusal of licence—unsuitable applicant  
   178.    Competency standards for licences  
   179.    Additional information to be supplied  
   180.    Additional information to be provided in an application for an explosives driver licence  
   181.    Driver licence evidence  
   182.    Required competency evidence  
   183.    Medical fitness evidence  
   184.    Refusal of an explosives driver licence—unsuitable applicant  
   185.    Meaning of vehicle  
   186.    Application for an explosives vehicle licence for a road vehicle  
   187.    Inspections of vehicles  
   188.    Refusal of explosives vehicle licence—risk too great  
   189.    Refusal of licence for pyrotechnician—unsuitable applicant  
   190.    Refusal of blasting explosives licence—unsuitable applicant  

           Division 2--Other provisions about licences

   191.    When licences start and end  
   192.    Licence conditions, limitations and restrictions  
   193.    Additional authorisations for licences  
   194.    Licence document  
   195.    Replacement licence document  
   196.    Duty to ensure persons observe licence conditions  
   197.    Change of circumstances of licensee  
   198.    Requirements before modifications to licensed premises permitted  
   199.    Licence conditions of explosives driver licence  
   200.    Additional licence conditions of explosives driver licence  
   201.    Licence conditions of explosives vehicles licence  
   202.    Disposal and transfer of licensed vehicles  
   203.    Endorsing licence to allow manufacture of ANFO  

           Division 3--Security requirements

   204.    Prescribed particulars for security plans  
   205.    Proof of identity and consent required  
   206.    Security requirements to be satisfied before person can hold a licence  
   207.    Duty to review and revise security plan  
   208.    Security assessments  
   209.    Security requirements to be satisfied before persons allowed unsupervised access to explosives  
   210.    Transporting small quantities of explosives on behalf of licensees  

           Division 4--Renewal of licence

   211.    General requirements for licence renewals  
   212.    Renewal of explosives driver licence  

           Division 5--Amendment, suspension or revocation of licences

   213.    Grounds for amending, suspending or revoking licence  
   214.    Matters that may be taken into account when amending, suspending or revoking licences  
   215.    Grounds for amending, suspending or revoking an explosives driver licence  
   216.    Grounds for amending, suspending or revoking an explosives vehicle licence  

   PART 15--REVIEW OF DECISIONS

   217.    What is a reviewable decision?  
   218.    Who is an eligible person?  
   219.    Application for internal review  
   220.    Process for new decisions to be started within 7 days  
   221.    Notice of reviewable decision must contain a copy of this Part  

   PART 16--FEES

           Division 1--Preliminary

   222.    Issue of a duplicate licence  
   223.    Issue of a transfer of a licence  
   224.    Renewal of licences  
   225.    Amendment of a licence  
   226.    Fees non-refundable  
   227.    Fees for multiple authorisations on a single licence  

           Division 2--Fees for licences

   228.    Manufacture of explosives  
   229.    Storage of explosives  
   230.    Sale and import of explosives  
   231.    Transport of explosives  
   232.    Blasting explosives licence  
   233.    Licence for pyrotechnician  
   234.    Additional fee for security assessments and searches  

           Division 3--Other fees

   235.    Authorisation and classification of explosives  
   236.    Determination of applications for exemptions  

   PART 17--SAVINGS AND TRANSITIONAL PROVISIONS

   237.    Applications for licences not yet determined  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES