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DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2022 (SR NO 41 OF 2022) - REG 109

Licences to transport explosives by road

    (1)     A person must not transport explosives on a road or road related area unless that person holds—

        (a)     an explosives vehicle licence for the vehicle used; or

        (b)     a licence issued under equivalent legislation by a corresponding Authority authorising the vehicle to transport explosives and that vehicle—

              (i)     meets the requirements of that legislation; and

              (ii)     complies with the Australian Explosives Code.

Note

Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.

    (2)     A person who drives a road vehicle transporting explosives in a quantity greater than that specified in Column 2 of Table 108A in regulation 108 in relation to an explosive specified in Column 1 of that Table must hold—

        (a)     an explosives driver licence; or

        (b)     a licence issued under equivalent legislation by a corresponding Authority authorising that person to drive a road vehicle transporting explosives.

    (3)     A person must not cause or allow another person to drive a road vehicle transporting explosives if the driver is not licensed to do so.

    (4)     Subregulations (2) and (3) do not apply to—

        (a)     a person who transports explosives of the following classifications

              (i)     consumer fireworks of Hazard Division 1.4;

              (ii)     explosives of Hazard Division 1.4S (other than detonators); or

        (b)     an inspector or police officer transporting explosives in the course of the inspector's or officer's duties under the Act.

    (5)     A person must not engage the services of another person to transport explosives by road unless that other person holds licences of the type described in subregulations (1) and (2).



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