Victorian Consolidated Regulations Victorian Consolidated Regulations(1) In these Regulations—
"ammonium nitrate explosive mixture" means an explosive mixture (which may include a compatible dye or sensitising agent) of—
(a) an oxidising agent (being ammonium nitrate or an ammonium nitrate-based gel, emulsion or suspension); and
(b) a fuel component (being a combustible granular solid or a clean oil which has a closed-cup flash point of 60°C or higher);
"ANFO "means an explosive mixture consisting of ammonium nitrate and fuel oil that has a flash point of 60°C or higher with or without a compatible dye;
AS 2187 means AS 2187 Explosives—Storage, transport and use and, for the purposes of these Regulations, comprising of the following—
(a) AS 2187.0—Part 0: Terminology;
(b) AS 2187.1—Part 1: Storage;
(c) AS 2187.2—Part 2: Use of explosives;
(d) AS 2187.4—Part 4: Pyrotechnics—Outdoor displays—
as amended from time to time;
AS 3846 means AS 3846 The handling and transport of dangerous cargoes in port areas, as amended from time to time;
"Assessing Fitness to Drive Medical Standards "means the "Assessing Fitness to Drive for commercial and private vehicle drivers, 2016, Medical standards for licensing and clinical management guidelines", published by Austroads Ltd, as amended from time to time;
"Australian Explosives Code" or AEC means the document known as the Australian Code for the Transport of Explosives by Road and Rail, prepared by the Australian Forum of Explosives Regulators and endorsed by the Workplace Relations Ministers' Council, as amended from time to time;
authorised explosive has the meaning given by section 54(4) of the Act;
"berth" means any dock, pier, jetty, quay, wharf, marine terminal or similar structure (whether floating or not) at which a vessel may be tied up;
blast hole means a hole made for the purpose of placing in position explosives that are to be fired;
"blasting explosive" means an explosive that—
(a) contributes the majority of the work in an explosion; and
(b) is intended primarily for use in blasting in mining, quarrying, construction, demolition and excavations generally;
Examples
A detonator, gunpowder for blasting and any blasting compound.
"blasting explosives licence "means a licence to use blasting explosives required by regulation 126;
"cartridge ammunition" has the same meaning as in the Firearms Act 1996 ;
"charge", as the context requires, means—
(a) an explosive that is placed in a blast hole or other place of use; or
(b) the act of placing an explosive in a blast hole or other place of use;
"Chinese firecrackers" means a string of individual crackers (each cracker consisting of a single tube of rolled paper fitted with a wick and filled with an explosive) that is designed to explode with a series of sharp reports;
"Class", in relation to dangerous goods, has the same meaning as in the AEC;
Class A protected work has the meaning given by AS 2187.0;
Class B protected work has the meaning given by AS 2187.0;
"Class Label", in relation to a package, container or load (containing dangerous goods) to which it is attached, means a label, within the meaning of the ADG Code, that purports to identify the Class of dangerous goods in the package, container or load;
"Classification Code" means the code assigned to an explosive, comprising a combination of the number of the Hazard Division to which the explosive belongs followed by the letter of the Compatibility Group to which the explosive belongs, as determined in accordance with the AEC;
"Compatibility Group" means the letter that—
(a) follows the Hazard Division number in the Classification Code of an explosive; and
(b) is used to identify the kinds of explosive substances and articles that are taken, as a result of testing, to be compatible for transport or storage purposes;
"consumer firework" means—
(a) a firework that contains minute quantities of a pyrotechnic substance; or
Examples
A toy pistol cap, a party popper, a snap for a bon‑bon cracker.
(b) a sparkler; or
(c) a model rocket motor (containing no more than 62·5 g of propellant); or
(d) any other firework that is registered, defined and classified as a consumer firework under section 54 of the Act;
"consumer package" means a package that is intended for retail display and sale;
detonator means a capsule or case that contains an explosive of high sensitivity used for initiating other explosives;
display firework means any firework except—
(a) a sky rocket; or
(b) a Chinese firecracker; or
(c) a theatrical firework; or
(d) a consumer firework; or
(e) a firework that is not an authorised explosive;
"distress signal" means a pyrotechnic device designed for signalling, warning, rescue or similar purposes;
Examples
A marine flare and signal, a landing flare, a highway fusee, a line-carrying rocket, an anti-hail rocket, a cloud rocket, an avalanche rocket and a smoke generator.
"driver licence "means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle;
"equivalent legislation" means legislation in another Australian jurisdiction relating to the manufacture, import, storage, sale, transport, use or disposal of explosives;
"exploder" means a self-contained portable item of equipment designed to produce electric current for firing charges;
"explosive mixture" means an authorised explosive that is a mixture of an oxidising agent and a fuel component (being a combustible solid or a clean oil which has a closed-cup flash point of 60°C or higher), that mixture possibly containing a compatible dye or other additive or sensitising agent , and includes—
(a) ANFO; and
(b) ammonium nitrate explosive mixture;
"explosives driver licence" means a licence to drive a road vehicle transporting explosives required by regulation 109;
"explosives vehicle licence" means a licence for a road vehicle to transport explosives required by regulation 109;
"factory" means any building, part of a building or land used or intended to be used for (or occupied for or in connection with)—
(a) the manufacture of any explosive; or
(b) any purpose incidental to or associated with that manufacture;
"firearms licence "means a licence under the Firearms Act 1996 that allows a person to possess, carry or use a firearm, other than a licence for a licensed firearms dealer;
"firework "means a pyrotechnic device (other than a distress signal) containing an explosive composition that, on functioning, burns or explodes to produce a visual or sound effect;
"firing", in relation to explosives, includes the act of initiating or attempting to initiate the explosives;
"firing point", in relation to fireworks, means the point of launch of the fireworks;
"flash powder" means a pyrotechnic substance which is intended to produce a flash of light, with or without an audible report, smoke or sparks;
"freight container" has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018 [2] ;
"Hazard Division "means, if followed by numerals, a "hazard division" determined in accordance with Addendum 1 to Appendix 2 of the AEC;
ignition source means a source of energy sufficient to initiate an explosive;
Examples
A naked flame, lit smoking material (such as a cigarette), exposed incandescent material, an operating electrical welding arc, a mechanical or static spark and any operating electrical or mechanical equipment.
"industrial safety cartridge" means a cartridge of Classification Code 1.4S that provides the power to an implement used to drive a stud, pin, dowel, screw, rivet, spike, nail or similar object against, into or through a thing or substance by means of an explosive;
"licence to import" explosives means a licence required by regulation 167;
"licence to manufacture explosives" means a licence required by regulation 37;
"licence to sell" explosives means a licence required by regulation 99;
"licence to store explosives" means a licence required by regulation 62;
"licence to transport explosives by rail "means a licence required by regulation 110;
"licence to use fireworks "means a licence required by regulation 142;
"licensed firearms dealer" has the same meaning as in the Firearms Act 1996 ;
"mark" includes a label;
"misfire" means a charge or part of a charge that, on firing, fails to function as intended;
"mobile processing unit" or MPU means a vehicle or mobile unit used for the manufacture of explosives;
"modification "means a change that has the effect of creating a new hazard or increasing the risk associated with an existing hazard and includes—
(a) a change to any plant, building, storage facility or process, including the introduction of a new process; and
(b) a change to the quantity of explosives present or likely to be present, including the introduction of any new explosive; and
(c) a change to the quantity of any other dangerous goods present or likely to be present, including the introduction of any new dangerous goods;
"net explosive quantity "or NEQ means the mass of explosive substances contained in an explosive;
"package", in relation to goods, means the complete product of the packing of the goods for transport, consisting of the goods and their packaging;
"packaging" means one or more receptacles and any other components or materials necessary for the receptacles to store or carry explosives;
"plant" has the same meaning as in the Occupational Health and Safety Act 2004 ;
"port "has the same meaning as in the Port Management Act 1995 ;
"port manager" has the same meaning as in the Port Management Act 1995 ;
"primer" means a cap type primer consisting of a metal or plastic cap containing a small amount of explosive mixture that is readily initiated by impact;
Examples
Percussion caps, centrefire primers, shotshell primers.
"propellant "means an explosive adapted and intended for use as a propelling charge in weapons, including such explosives belonging to Classification Codes 1.1C, 1.1D, 1.3C and 1.4C;
Example
Gunpowder when in finely granulated form.
"protected work" means Class A protected work or Class B protected work;
"public holiday" means a day appointed as a public holiday under the Public Holidays Act 1993 ;
"pyrotechnic substance" means a substance or a mixture of substances designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as a result of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction;
"pyrotechnician "means a person who holds a licence to use fireworks;
reasonably practicable means reasonably practicable having regard to—
(a) the likelihood of any hazard or risk concerned eventuating; and
(b) the degree of harm to persons or property that would result if any hazard or risk concerned eventuated; and
(c) what the person concerned knows, or ought to know, about any hazard or risk and any ways of eliminating or reducing the hazard or risk; and
(d) the availability and suitability of ways to eliminate or reduce any hazard or risk; and
(e) the cost of eliminating or reducing any hazard or risk;
"receptacle" means a container, including a carry box, used to store or carry explosives, but does not include a facility for the storage of explosives exceeding the prescribed quantities as set out in Column 3 of Table 83 in regulation 83;
"road" has the same meaning as in the Road Safety Act 1986 ;
"road related area" has the same meaning as in the Road Safety Act 1986 ;
"road vehicle "means any means of transport by land and includes a trailer and a semi-trailer, but does not include a vehicle consisting of a unit or units of rolling stock;
"safety cartridge" means a cartridge, of Classification Code 1.4S, for a weapon and includes any cartridge ammunition;
"safety management system" means a safety management system established and implemented under regulation 38;
"security assessment" means a security assessment furnished by the Australian Security Intelligence Organisation under Part IV of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;
"shotfirer" means a person who holds a blasting explosives licence;
"sky rocket" means a firework within a casing (with an attachment to stabilise flight) that contains a pyrotechnic substance which, on initiation, produces a jet of flame to propel the rocket into the air;
"the Act" means the Dangerous Goods Act 1985 ;
"theatrical firework" means—
(a) loose poured flash powder; or
(b) a firework that is—
(i) designed to be safe for indoor use for theatrical purposes; and
(ii) fitted with, or adapted to the use of, an electrical ignition device;
"unauthorised explosive "means an explosive other than an authorised explosive;
"UN number" has the same meaning as in the ADG Code;
"use", in relation to explosives, includes the preparation, handling, charging, discharging, firing and disposal of explosives;
"vessel" means a ship or a boat;
"vulnerable facility" includes—
(a) a multi-storey building; and
(b) a large glass-fronted building; and
(c) a health care facility, childcare facility or school; and
(d) a public building; and
(e) a structure of major historical significance; and
(f) a facility associated with a major utility service, including water, gas and electricity.
(2) In these Regulations, any reference to a quantity of explosives is a reference to net explosive quantity (NEQ) unless otherwise stated.
Division 2—Application