Western Australian Current Regulations

DANGEROUS GOODS SAFETY (EXPLOSIVES) REGULATIONS 2007 - REG 164

164 .         Deciding applications for licences

        (1)         On an application for a licence, the Chief Officer may refuse the application or, subject to this regulation, issue the licence.

        (2)         The Chief Officer must not issue the licence unless satisfied as to each of these matters —

            (a)         that the application complies with regulation 157;

        [(b)         deleted]

            (c)         if the applicant is an individual, that the applicant —

                  (i)         has reached the required age for the licence; and

                  (ii)         has a security clearance; and

                  (iii)         is physically and mentally fit to engage safely in the activities that would be authorised by the licence;

            (d)         if the application is by an individual for —

                  (i)         an explosives driver licence; or

                  (ii)         a shotfiring licence; or

                  (iii)         a fireworks operator licence; or

                  (iv)         a pyrotechnics (special use) licence,

                that the applicant is competent to engage safely in the activities that would be authorised by the licence;

        [(e)         deleted]

            (f)         if under regulation 157(7) an explosives management plan is required to accompany the application, that the plan —

                  (i)         complies with regulation 161; and

                  (ii)         adequately assesses the risks that it is required to assess; and

                  (iii)         contains provisions that are adequate to minimise those risks.

        (3)         In addition, the Chief Officer must not issue an explosives transport licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.

        (4)         In addition, the Chief Officer must not issue an explosives driver licence if —

            (a)         the applicant does not hold, or is disqualified from holding or obtaining, a licence that authorises the applicant to drive a vehicle on a road; or

            (b)         the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road; or

            (c)         in the 5 years before the day when the application is made —

                  (i)         the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting more than a Category 1 load, as that term is defined in regulation 95 ; or

                  (ii)         any licence to drive a vehicle on a road held by the applicant has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting such a load.

        (5)         In addition, on an application by an individual for a licence other than a licence mentioned in subregulation (2)(d), the Chief Officer must not issue a licence if he or she believes that the individual is not competent to engage safely in the activities that would be authorised by the licence and to keep any explosive possessed under the licence secure.

        [(6)         deleted]

        (7)         As soon as practicable after making a decision under this regulation, the Chief Officer must give the applicant a written notice of —

            (a)         the decision; and

            (b)         if the decision is to refuse an application, the reasons for the decision.

        (8)         If the Chief Officer refuses an application for a licence, the applicant is entitled to a refund of the fee.

        [Regulation 164 amended: Gazette 16 Mar 2012 p. 1189‑90; 2 Dec 2013 p. 5606‑7.]