(1) A person shall not
use explosives on land unless —
(a) all
inflammable material on the ground within a radius of 3 m of a lighted
fuse or explosive has been removed; and
(b) at
least one fire extinguisher is provided at the place where the explosives are
being used; and
(c) if
the explosives are being used during prohibited burning times or restricted
burning times, he has given not less than 24 hours’ prior notice of
his intention to do so —
(i)
to the bush fire control officer for the district in
which the place where the explosives are being used is situated; and
(ii)
where the place where the explosives are being used is
within 3 km of forest land, to the forest officer in charge of that
forest land.
(2) A bush fire
control officer may, subject to the directions, if any, of the local
government by which he was appointed, issue to a person using explosives upon
land referred to in subregulation (1), or the owner or occupier of that
land, such directions as he considers necessary for the prevention of fire on
that land and the person, owner or occupier, as the case may be, shall comply
with those directions.
(3) For blasting (as
defined in regulation 24AA) that is prescribed under regulation 24K,
the requirements set out in Part VA Division 5 prevail to the extent
that there is an inconsistency between that Division and this regulation.
[Regulation 39D amended: Gazette
4 Jun 1970 p. 1474; 12 Jul 1974 p. 2612;
10 Mar 1978 p. 708; 22 Dec 1998 p. 6858;
5 Nov 2019 p. 3898.]