DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011 (SR NO 37 OF 2011)

Victorian Numbered Regulations

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DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011 (SR NO 37 OF 2011)

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 of explosives of more than one Hazard Division together

Division 3--Incorporation of external instruments

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

Division 4--Exemptions

13. Quarterly returns of stock-lists not required
14. Exemption from provisions of the 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 for exemption

PART 2--DUTIES APPLICABLE TO ALL PERSONS

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

PART 3--PACKAGING AND MARKING

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

PART 4--MANUFACTURE

Division 1--Preliminary

34. Application
35. Definitions

Division 2--Licensing and Safety Management

36. Requirement to be licensed
37. Safety management system
38. Safety management system consultation
39. Records of modifications to be kept
40. Authority may require changes to safety management system
41. Licensee to inform relevant fire authority of licences
42. Separation distances to be maintained

Division 3--Manufacturing explosive mixtures

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

Division 4--Manufacture of safety cartridges

58. Requirements for the manufacture of safety cartridges

PART 5--STORAGE

Division 1--General provisions

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

Division 2--Provisions applying to all storage

62. Explosives to be in compliant packaging
63. Explosives to be kept secure
64. Persons to keep storages and receptacles clean

Division 3--Duties on all licensees

65. Damaged or deteriorated explosives or packages—general
66. Damaged or deteriorated explosives or packages—licence to store
67. Licensee to keep means of access clear
68. Licensee to keep persons at storage to a minimum
69. Explosives not to be stored in safes or refrigerators
70. Storage of Hazard Division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives
71. No storage of detonators with other explosives
72. Storage of safety fuse
73. Requirements for construction of receptacles
74. Markings on buildings, rooms and receptacles
75. Markings inside receptacles
76. Separation of explosives of different Compatibility Groups
77. Explosives of different Hazard Divisions

Division 4--Emergency response

78. Licence holders need emergency management plan
79. Fire-fighting equipment

Division 5--Medium scale storage

80. Application
81. Licensee must comply with Divisions 1 to 5 of this Part
82. Meaning of medium scale storage
83. General requirements for medium scale storage
84. Signs for premises
85. Requirements for construction of buildings and rooms
86. General fire precautions
87. Requirements for construction of receptacles

Division 6--Storage above prescribed quantities

88. Application
89. Storage to be in accordance with AS 2187.1
90. Records to be kept
91. Observation of duties in accordance with AS 2187.1
92. Lightning protection
93. Security fencing for premises used to store above prescribed quantities
94. Separation distances do not apply
95. Notices to be posted at premises used to store above prescribed quantities
96. Certain licence holders to inform relevant fire authority of licences
97. Portable lighting in a storage must not pose threat of ignition

PART 6--SALE

Division 1--General provisions

98. Requirement to be licensed
99. Packaging of explosives when sold
100. Place of selling
101. No display of explosives for sale
102. Damaged or defective explosives not to be sold

Division 2--Sale of explosives

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

PART 7--TRANSPORT

Division 1--General

107. Application
108. Vehicles transporting explosives to be licensed
109. Vehicle drivers to be licensed
110. Transport of explosives of Hazard Division 1.1A
111. Transport of explosives by boat

Division 2--Australian Explosives Code

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

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

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

Division 4--Additional requirements at rail yards

123. Requirements for explosives in rail yards or sidings

PART 8--USE OF BLASTING EXPLOSIVES

Division 1--Preliminary

124. Explosives means blasting explosives
125. Licence required for use of blasting explosives

Division 2--General

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

Division 3--Equipment for blasting operations

128. Use of equipment to initiate explosives

Division 4--Blasting operations

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

Division 5--Special blasting operations

139. Demolition of buildings and other structures

PART 9--FIREWORKS--POSSESSION AND USE

Division 1--General provisions

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

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

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

Division 3--Management of firework displays

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

PART 10--DISTRESS SIGNALS

160. Possession and use of distress signals

PART 11--DISPOSAL, DESTRUCTION AND RENDERING HARMLESS

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

PART 12--IMPORT

166. Requirement to be licensed

PART 13--PORTS

Division 1--Preliminary

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

Division 2--Berths

170. Berths for vessels

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

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

PART 14--LICENCES

Division 1--Applications for licences

174. Applying for a licence
175. Procedure if Authority proposes to refuse licence to an unsuitable applicant
176. Competency standards etc.

Subdivision 2--Additional provisions in relation to licences to manufacture
explosives

177. Additional information to be supplied

Subdivision 3--Additional provisions in relation to licences to drive a vehicle
transporting explosives

178. Additional information to be included in an application for a licence to drive a vehicle transporting explosives
179. Driver licence evidence
180. Required competency evidence
181. Medical fitness evidence
182. Refusal of licence to drive a vehicle transporting explosives—unsuitable applicant

Subdivision 4--Additional provisions in relation to explosives vehicle
licences

183. Meaning of vehicle
184. Application for licence
185. Inspections
186. Refusal of explosives vehicle licence—risk too great

Subdivision 5--Additional provisions in relation to licences for
pyrotechnicians

187. Refusal of licence for pyrotechnician—unsuitable applicant

Subdivision 6--Additional provisions in relation to licences to use blasting
explosives

188. Refusal of licence to use blasting explosives—unsuitable applicant

Division 2--Other provisions about licences

189. When licences start and end
190. Licence conditions, limitations and restrictions
191. Licence documents
192. Duty to ensure persons observe licence conditions etc.
193. Change of circumstances
194. Requirements before modifications to licensed premises permitted
195. Licence conditions etc.
196. Additional conditions

Subdivision 4--Additional provisions in relation to explosives vehicle
licences

197. Licence conditions etc.
198. Licence labels
199. Disposal and transfer of licensed vehicles

Subdivision 5--Additional provisions in relation to licences to use blasting
explosives

200. Endorsing licence to allow manufacture of ANFO

Division 3--Security requirements

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

Division 4--Renewal of licence

208. General requirements
209. Renewal of licences to drive a vehicle transporting explosives

Division 5--Amendment, suspension or revocation of licences

210. Grounds for amending, suspending or revoking licence
211. Matters that may be taken into account
212. Grounds for amending, suspending or revoking a licence to drive a vehicle transporting explosives
213. Grounds for amending, suspending or revoking a licence for road vehicles

PART 15--REVIEW OF DECISIONS

214. What is a reviewable decision?
215. Who is an eligible person?
216. Application for internal review
217. Process for new decisions to be started within 7 days
218. Notices of decisions must contain a copy of review rights

PART 16--FEES

Division 1--Preliminary

219. Issue of a duplicate licence or transfer of a licence
220. Renewal of licences
221. Amendment of a licence
222. Fees non-refundable
223. Fees for multiple authorisations on a single licence

Division 2--Fees for licences

224. Manufacture of explosives
225. Storage of explosives
226. Sale and import of explosives
227. Transport of explosives
228. Licence to use blasting explosives
229. Licence for pyrotechnician
230. Additional fee for security assessments and searches

Division 3--Other fees

231. Authorisation and classification of explosives
232. Determination of applications for exemptions

PART 17--SAVINGS AND TRANSITIONAL PROVISIONS

233. Continuing effect of certain regulations
234. Lawful conduct under former regulations
235. Continuing effect of certain approvals
236. Continuing effect of certain licences
237. Continuing effect of exemptions
238. Treatment of applications for licences made under the former regulations

PART 18--AMENDMENTS TO THE DANGEROUS GOODS (TRANSPORT BY ROAD OR RAIL) REGULATIONS 2008

239. Amendments to the Dangerous Goods (Transport by Road or Rail) Regulations 2008 [4]
240. Repeal of amending regulation
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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