Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
authorised person , in relation to an explosive,
means a person who is authorised to possess the explosive under the Act, these
regulations or a law of the Commonwealth.
(2A) In subregulations
(2) and (4) —
explosive includes a constituent of an explosive
that is a security sensitive ammonium nitrate.
(2) An explosives
management plan for the purposes of an explosives manufacture licence must
include the following —
(a) the
address and a site plan of the place to which the licence will relate (the
site );
(b) the
matters in Schedule 10 clauses 2, 3A, 3 and 4;
(c) the
measures that will be taken to ensure that the required details of any
explosive manufactured or received at, or despatched from, the site are
recorded and reconciled;
(d) the
measures that will be taken to ensure that no explosive at the site is
supplied to a person unless the person is an authorised person;
(e) the
measures that will be taken to ensure that a record is kept of —
(i)
the details of any person to whom an explosive at the
site is supplied and the person’s authority under these regulations to
possess the explosive; and
(ii)
the required details of the explosive supplied;
(f) the
measures that will be taken to ensure any unlawful entry or attempted unlawful
entry to the site or any theft, attempted theft, or unexplained loss, of any
explosive at the site is investigated and reported to the Chief Officer.
(3) An explosives
management plan for the purposes of an explosives manufacture (MPU) licence,
must include the matters required by subregulation (5) which, with Schedule 10
clauses 2, 3A and 4, applies with any necessary changes as if any reference to
an explosive were a reference to a constituent of an explosive.
(4) An explosives
management plan for the purposes of an explosives storage licence must include
the following —
(a) the
address and a site plan of the place to which the licence will relate (the
site );
(b) if
the licence will authorise the storage on the site of any of the
following —
(i)
2.5 kg or more of explosives with a classification code
of 1.1 or 1.2;
(ii)
15 kg or more of explosives with a classification code of
1.3;
(iii)
30 kg or more of explosives with a classification code of
1.4;
(iv)
100 or more detonators,
the matters in
Schedule 10 clauses 2, 3A and 4;
(c) the
measures that will be taken to ensure that the required details of any
explosive received at, or despatched from, the site are recorded and
reconciled with the required details of any explosive on the site;
(d) the
measures that will be taken to ensure that no explosive at the site is
supplied to a person unless the person is an authorised person;
(e) the
measures that will be taken to ensure that a record is kept of —
(i)
the details of any person to whom an explosive at the
site is supplied and the person’s authority under these regulations to
possess the explosive; and
(ii)
the required details of the explosive supplied;
(f) the
measures that will be taken to ensure any unlawful entry or attempted unlawful
entry to the site or any theft, attempted theft, or unexplained loss, of any
explosive at the site is investigated and reported to the Chief Officer.
(5) An explosives
management plan for the purposes of an explosives transport licence, must
include the following —
(a) the
matters in Schedule 10 clauses 2, 3A and 4;
(b) the
measures that will be taken to ensure that any explosive is loaded for
transport and unloaded after transport at a place where the explosive is
secure;
(c) the
measures that will be taken to monitor at all times the location of any
explosive while it is being transported;
(d) the
measures that will be taken to ensure that —
(i)
any unlawful entry to or use of a vehicle used to
transport any explosive, or any attempted such entry or use; or
(ii)
any theft, attempted theft or unexplained loss of any
explosive while it is being transported,
is investigated and
reported to the Chief Officer;
(e) the
measures that will be taken to ensure that the required details of any
explosive being transported is recorded at the beginning and end of the
journey and reconciled;
(f) the
measures that will be taken to ensure that no explosive is consigned for
transport by or to a person unless the person is an authorised person;
(g) the
measures that will be taken to ensure that a record is kept of —
(i)
the details of the consignor and consignee of any
explosive being transported and their authority under these regulations to
possess the explosive; and
(ii)
the required details of the explosive supplied.
(6) An explosives
management plan for the purposes of a fireworks contractor licence, must
include the following —
(a) the
matters in Schedule 10 clauses 2, 3A, 3 and 4;
(b) in
respect of the fireworks to which the licence will relate, the measures that
will be taken before they are used at a fireworks event —
(i)
to ensure they will function in the way they are designed
to function, such as by initiating samples of them; and
(ii)
to test the means that will be used to initiate them at
the event;
(c) in
respect of fireworks events to which the licence will relate —
(i)
the procedures that will be followed if weather
conditions occur that may adversely affect preparations for the event, the
event itself or any firework that may be used in it;
(ii)
the measures that will be taken to ensure that spectators
at the event and any person not authorised to use fireworks at the event are
kept a safe distance from the fireworks before and during the event;
(iii)
the measures that will be used to prevent a misfire of a
firework;
(iv)
the measures that will be used to determine if a misfire
of a firework has occurred and the procedures that will be followed if a
misfire does occur;
(v)
the measures that will be taken to collect and remove any
uninitiated firework and any debris from initiated fireworks from the area
where the event occurs before any person who is not an authorised person
enters the area.
[Regulation 161 amended: Gazette
16 Mar 2012 p. 1188‑9; 5 Feb 2016 p. 349.]