Western Australian Current Regulations Western Australian Current Regulations In these regulations,
unless the contrary intention appears —
access to an SSAN, includes having access to, or
having the means of unlocking, a building, room, container, tank, vehicle or
other thing, or a place, in which the SSAN is situated;
Act means the Dangerous Goods Safety
Act 2004 ;
ADG Code means the Australian Code for the
Transport of Dangerous Goods by Road and Rail (also called the Australian
Dangerous Goods Code) published by the National Transport Commission,
including (for the avoidance of doubt) its appendices;
annual fee , for a licence, means the annual fee
in Schedule 1 for the licence;
approved form means a form approved under
regulation 8 ;
commercial laboratory means an analytical or
research laboratory that is operated for lawful commercial purposes, but not a
laboratory controlled and managed by a government organisation;
educational institution means —
(a) a
government school, or a non-government school, as those terms are defined in
the School Education Act 1999 ; or
(b) an
institution established under any of these Acts —
(i)
Curtin University of Technology Act 1966 ;
(ii)
Edith Cowan University Act 1984 ;
(iii)
Murdoch University Act 1973 ;
(iv)
University of Notre Dame Australia Act 1989 ;
(v)
University of Western Australia Act 1911 ;
(vi)
Vocational Education and Training Act 1996 ;
explosive has the meaning given to that term in
the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 8 ;
explosives manufacture (MPU) licence means an
explosives manufacture (MPU) licence issued under the Dangerous Goods Safety
(Explosives) Regulations 2007 ;
government organisation means any body, whether
corporate or unincorporate, or office, established for a public purpose by a
written law or by a law of the Commonwealth;
holder of a licence, means the person to whom the
licence is issued;
illegal product means —
(a) an
explosive; or
(b) a
substance the possession of which by a member of the public is totally
prohibited under a written law; or
(c) a
substance the possession of which by a member of the public is prohibited by a
written law except in circumstances prescribed by the law;
interstate transport licence means a licence
that —
(a) is
issued and in force under the law of another State or a Territory that
corresponds with the Act and these regulations; and
(b)
authorises the holder of the licence to transport an SSAN in that State or
Territory;
level 1 fine means —
(a) for
an individual, a fine of $10 000;
(b) for
a body corporate, a fine of $50 000;
level 2 fine means —
(a) for
an individual, a fine of $5 000;
(b) for
a body corporate, a fine of $25 000;
level 3 fine means —
(a) for
an individual, a fine of $1 000;
(b) for
a body corporate, a fine of $5 000;
licence means —
(a) a
licence issued or replaced under these regulations; or
(b) a
shotfiring licence; or
(c) an
explosives manufacture (MPU) licence; or
(d) an
interstate transport licence;
personal details of an individual, means his or
her name and address and a telephone number or numbers on which he or she can
be contacted during and after working hours;
required details of an SSAN, means these
details —
(a) the
trade name of the SSAN; and
(b) the
chemical composition of the SSAN; and
(c) the
form of the SSAN (such as emulsion, gel, suspension, granule, flake, pellet or
prill); and
(d) the
quantity of the SSAN; and
(e) if
the SSAN is dangerous goods, within the meaning given to that term by the
Dangerous Goods Safety (Storage and Handling of Non-explosives)
Regulations 2007 regulation 8 —
(i)
the proper shipping name of the SSAN under the ADG Code;
and
(ii)
the UN Number of the SSAN under the ADG Code; and
(iii)
the classification of the SSAN under the ADG Code;
safety data sheet ( SDS ), for an SSAN, means a
document in English that contains the information in relation to the SSAN that
is required by —
(a) the
National Code of Practice for the Preparation of Material Safety Data Sheets 2
nd Edition [NOHSC: 2011 (2003)]
(ISBN‑1‑920763‑10‑4); or
(b) the
Preparation of Safety Data Sheets for Hazardous Chemicals ‑ Code of
Practice published by Safe Work Australia in February 2016 (ISBN
978‑0‑642‑33311‑7);
Safe Work Australia means Safe Work Australia
established by the Safe Work Act 2008 (Commonwealth) section 5;
secure , in relation to an SSAN, means secure from
sabotage, theft, unexplained loss, and access by any person who, under these
regulations, is not authorised to possess the SSAN;
secure nominee , of a licence holder, means an
individual who, under regulation 9, is authorised by the holder to have
unsupervised access to an SSAN in the holder’s possession;
security clearance for an individual, has the
meaning given to that term by the
Dangerous Goods Safety (Explosives) Regulations 2007 regulation 16;
security sensitive ammonium nitrate (or SSAN)
means a substance named in Schedule 2;
shotfiring licence means a shotfiring licence
issued under the Dangerous Goods Safety (Explosives) Regulations 2007 ;
SSAN stands for security sensitive ammonium
nitrate;
store an SSAN, does not include to put or keep the
SSAN in a vehicle while transporting the SSAN;
supervised in relation to access to an SSAN, has
the meaning given to that term by regulation 5(1);
supervised access by a person to an SSAN, has the
meaning given to that term by regulation 5(2);
supply includes to sell;
unexplained loss of an SSAN, means any loss or
apparent loss of the SSAN that cannot be explained by things such as product
density changes, spillage, calibration variances and the effects of humidity;
unsupervised access by a person to an SSAN, has
the meaning given to that term by regulation 5(3);
unsupervised access authorisation means an
authorisation given under regulation 9 by a licence holder for an
individual to have unsupervised access to an SSAN in the licence
holder’s possession.
[Regulation 3 amended: Gazette
4 Oct 2011 p. 3949; 16 Mar 2012 p. 1260;
2 Dec 2013 p. 5501‑2; 5 Feb 2016 p. 361 and
363; 3 Mar 2017 p. 1476; SL 2020/193 r. 29.]