Australian Capital Territory
Dangerous Substances (Explosives) Regulations 2004    
SL2004-10
made under the
Dangerous Substances Act 2004
Republication No 1
Effective:  5 April 2004 – 30 June 2004
Republication date: 5 April 2004
Regulations not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Dangerous Substances (Explosives) Regulations 2004, made under the Dangerous Substances Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 April 2004.  It also includes any commencement, repeal or expiry affecting the republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Dangerous Substances (Explosives) Regulations 2004
made under the
Dangerous Substances Act 2004
    
Contents
	Page
Chapter 1	General
Part 1.1	Preliminary
	1	Name of regulations	2
	3	Dictionary	2
	4	Notes	2
	5	Incorporated documents	2
	6	Offences against regulations—application of Criminal Code etc	4
Part 1.2	Important concepts
Division 1.2.1	Explosives and dangerous substances
	7	Meaning of explosive—Act, s 73	6
	8	Meaning of dangerous substance—Act, s 10 (1) (h)	7
	9	Unstable explosives	7
Division 1.2.2	Classification of explosives
	10	Hazard divisions	7
	11	Compatibility group	8
	12	Classification code	9
	13	Method of classification of explosives	9
	14	Default classification of explosives	9
	15	Detonators, classification 1.4	10
	16	Collective hazard divisions—explosives stored or carried together	10
	17	Hazard division 1.6	12
	18	Classification of articles	12
Division 1.2.3	Other concepts
	19	Licensing—meaning of application and issue	13
	20	Meaning of ensure	13
	21	References to quantities of explosives	14
	22	Reports to fire commissioner and chief fire control officer	14
Chapter 2	Explosives generally
Part 2.1	General duties
	23	Misuse of explosives	16
	24	Explosives incidents—reporting damage or injury	16
	25	Loss or theft of explosives—reporting	17
Part 2.2	Authorisation of explosives
Division 2.2.1	Preliminary
	26	Authorised explosives—Act, s 73	19
	27	Prohibited explosives—Act, s 73	19
	28	Meaning of Queen’s birthday supply	20
Division 2.2.2	Ministerial declarations—Act, s 314 (3) (a) 
	29	Authorisation—Ministerial declarations	20
Division 2.2.3	Chief executive declarations—Act, s 314 (3) (a) 
	30	Authorisation requests	21
	31	Authorisation—chief executive declarations	23
	32	Authorisation decision-making	23
	33	AAT review of decision to refuse authorisation	24
	34	Register of authorised explosives	25
	35	End of authorisation	26
	36	Disposal of explosives after authorisation revoked	27
Division 2.2.4	Registration of consumer fireworks for Queen’s birthday supply— Act, s 314 (3) (a) 
	37	Queen’s birthday supply registration requests	28
	38	Queen’s birthday supply registration	29
	39	Queen’s birthday supply registration—decision-making	29
	40	End of registration for Queen’s birthday supply	29
Part 2.3	Packing, labelling and placarding explosives
	41	Application of pt 2.3	31
	42	Interpretation for pt 2.3	31
	43	Correct packing, labelling and placarding—Act, s 14	31
	44	Correct packing for supply—Act, s 14	32
	45	Exceptions—labelling and placarding	32
Part 2.4	Manufacturing explosives
Division 2.4.1	Definitions about manufacturing explosives
	46	Manufacturing definitions	34
	47	Meaning of explosive for pt 2.4	36
Division 2.4.2	Manufacturing licences
	48	Authority to manufacture explosives	37
	49	Person in control of manufacture—Act, s 17 (1) (e)	37
	50	Reasonable steps for manufacture—Act, s 16 (2) (e)	38
	51	Manufacturing licence applications for Act, s 50 (2)—general	38
	52	Manufacturing licence applications for Act, s 50 (2)—factory manufacture	39
	53	Manufacturing licence applications for Act, s 50 (2)—central mixing points and mobile manufacturing units	41
	54	Manufacturing licence applications for Act, s 50 (2)—safety cartridges	41
	55	Manufacturing licence conditions—Act, s 53 (2) (b)	41
	56	Manufacture records	42
Division 2.4.3	Safety management system
	57	Safety management system requirements	43
	58	Information about safety management systems	44
Division 2.4.4	Factory manufacture
	59	Application of div 2.4.4—factory manufacture	45
	60	Factory manufacture—notice to fire authorities	45
	61	Separation distances for factories	46
	62	Factory modifications	46
Division 2.4.5	Central mixing points
	63	Application of div 2.4.5	46
	64	Meaning of explosive mixture controller for div 2.4.5	47
	65	General restrictions	47
	66	Premises and equipment requirements	47
	67	Components to be kept in marked containers	47
	68	Warning notice	47
	69	Other people to keep clear	48
	70	Other explosives to be kept away	48
	71	Fire sources to be kept away	49
	72	Fire precautions at central mixing point	49
	73	Disposal of spills and packaging	50
	74	Cleaning of equipment—general	50
	75	Cleaning of equipment before repairs	50
	76	Storage of unused explosive mixtures	51
	77	Separation distances for central mixing points	51
Division 2.4.6	ANFO manufacture
	78	Application of div 2.4.6	52
	79	Compliance with AS 2187.2	53
	80	Separation distances for ammonium nitrate stores	53
Division 2.4.7	Mobile manufacturing units
	81	Application of div 2.4.7	54
	82	Requirements for mobile manufacturing units	54
	83	Operator to stop system	54
Division 2.4.8	Filling or capping safety cartridges other than at a factory—commercial purposes
	84	Application of div 2.4.8	54
	85	Commercial filling or capping	54
Division 2.4.9	Filling or capping safety cartridges—non-commercial purposes
	86	Application of div 2.4.9	55
	87	Only authorised explosives to be used	56
	88	Application of commercial filling or capping requirements	56
Part 2.5	Importing explosives
Division 2.5.1	Interpretation
	89	Meaning of import licence	57
Division 2.5.2	Import licences
	90	Authority to import explosives	57
	91	Explosives for which no import licence required	57
	92	Person in control of import—Act, s 17 (1) (e)	59
	93	Reasonable steps for import—Act, s 16 (2) (e)	59
	94	Import licence applications—Act, s 50 (2)	60
	95	Import licence conditions—Act, s 53 (2) (b)	60
Division 2.5.3	Import conditions
	96	Notice of import	61
	97	Import records	63
Part 2.6	Carrying explosives
Division 2.6.1	Preliminary
	98	Application of pt 2.6	65
	99	Carrying explosives—definitions	65
Division 2.6.2	Carrying licences
	100	Authority to carry explosives by road	66
	101	Authority for carrying explosives by rail	68
	102	Engaging someone else to carry explosives	69
	103	Person in control of carrying explosive—Act, s 17 (1) (e)	69
	104	Reasonable steps for carrying explosives—Act, s 16 (2) (e)	70
	105	Carrying licence applications—Act, s 50 (2)	70
	106	Carrying licence conditions—Act, s 53 (2) (b)	71
Division 2.6.3	Explosives driving licences
	107	Authority for driving vehicle carrying explosives	72
	108	Engaging someone else to drive a vehicle carrying explosives	73
	109	Person in control of driving vehicle carrying explosives—Act, s 17 (1) (e)	74
	110	Reasonable steps for driving vehicle carrying an explosive—Act, s 16 (2) (e)	74
	111	Explosives driving licence applications—Act, s 50 (2)	75
	112	Suitable people to hold explosives driving licences—Act, s 49 (1) (i)	75
	113	Explosives driving licence conditions—Act, s 53 (2) (b)	77
	114	Production of driving authority on request	77
Division 2.6.4	Australian Explosives Code—carrying and consignment
	115	Australian Explosives Code—carrying explosives	79
	116	Australian Explosives Code—consigning explosives	79
Division 2.6.5	Road carrying conditions
	117	Route and time restrictions	80
Division 2.6.6	Rail carrying conditions
	118	Explosives held in rail yards or sidings	81
	119	Separation distances for explosives in rail yards or sidings	81
	120	Sources of ignition	81
Part 2.7	Storing explosives
Division 2.7.1	Preliminary
	121	Application of pt 2.7	82
	122	Storage definitions	82
	123	Meaning of blasting and fireworks storage	84
	124	Meaning of exempt storage	86
Division 2.7.2	Storage licences
	125	Authority to store explosives	88
	126	Person in control of storing explosives—Act, s 17 (1) (e)	89
	127	Reasonable steps for storage—Act, s 16 (2) (e)	89
	128	Storage licence applications—Act, s 50 (2)	90
	129	Storage licence conditions—Act, s 53 (2) (b)	92
	130	Storage records	93
Division 2.7.3	Licensable storage—magazines
	131	Application of div 2.7.3	94
	132	Meaning of magazine area	94
	133	Requirement for storage in magazine	94
	134	Licensable storage—notice to fire authorities	94
	135	Separation distances for magazines	95
	136	Construction of magazines	97
	137	Mounding for above-ground magazines	97
	138	Lightning protection	98
	139	Security fencing for above-ground magazines	98
	140	Magazine markings	98
	141	Storage of explosives and essential articles only	98
	142	Storage of more than single compatibility group	99
	143	General operational requirements	99
	144	Packaging of explosives	100
	145	Defective explosives or packages	100
	146	Requirement for materials handling equipment	100
	147	Emergency management	100
	148	Additional fire precautions for magazine areas	101
	149	Security	102
	150	Notices to be posted in magazines	103
	151	Number of persons present at a magazine	103
	152	Night work at magazines	103
	153	Storage in portable magazines—general requirements	104
	154	Maintenance on rooms or buildings where explosives are stored	104
Division 2.7.4	Special portable magazine storage
	155	Application of div 2.7.4	105
	156	Meaning of licensed premises for div 2.7.4	105
	157	Meaning of special portable magazine storage	105
	158	Special portable magazine storage—separation distance	107
	159	Special portable magazine storage—signs for premises	107
	160	Special portable magazine storage—fire precautions	107
Division 2.7.5	Exempt storage
	161	Application of div 2.7.5	108
	162	Exempt storage—fire precautions	108
	163	Exempt storage requirements—general	108
	164	Storage of safety fuse	109
Part 2.8	Supplying explosives
Division 2.8.1	Interpretation
	165	Meaning of supply licence	111
Division 2.8.2	Supply licences
	166	Authority to supply explosives	111
	167	Person in control of supply—Act, s 17 (1) (e)	112
	168	Reasonable steps for supply—Act, s 16 (2) (e)	112
	169	Supply licence applications—Act, s 50 (2)	113
	170	Supply licence conditions—Act, s 53 (2) (b)	113
Division 2.8.3	Explosives—supply requirements
	171	Application of div 2.8.3—fireworks	114
	172	Place of supply	115
	173	Display prohibited	115
	174	Supply only to authorised people	115
	175	Supply of defective explosives or packages	117
	176	Supply records	117
Division 2.8.4	Advertising—supply of explosives
	177	False or misleading statements about authority to supply explosives	118
Part 2.9	Using explosives
Division 2.9.1	Preliminary
	178	Application of pt 2.9	120
	179	Using explosives—definitions	120
Division 2.9.2	Using explosives—general
	180	Authority to use explosives	121
	181	Licence or permit to be produced	121
	182	Use of explosives—occupier’s responsibilities	122
	183	Person in control of using explosives—Act, s 17 (1) (e)	122
	184	Reasonable steps for handling explosives for blasting operations—Act, s 16 (2) (e)	123
Division 2.9.3	Shotfirer licences
	185	Shotfirer licence applications—Act, s 50 (2)	123
	186	Suitable people to hold shotfirer licences—Act, s 49 (1) (h)	124
	187	Prescribed shotfirer licence conditions—Act, s 53 (2) (b)	126
Division 2.9.4	Blasting permits
	188	Blasting permit applications—Act, s 50 (2)	127
	189	Blast plans	128
	190	Suitable people to hold blasting permits—Act, s 49 (1) (h)	130
	191	Prescribed blasting permit conditions—Act, s 53 (2) (b)	131
	192	Evaluation of blasting operations	132
Division 2.9.5	Purchase of additional explosives for blasting operations
	193	Application for special purchase authority	132
	194	Issue of special purchase authority	132
Division 2.9.6	On-site storage by shotfirers
	195	Method of storing explosives at a blasting site	133
	196	Temporary on-site storage	134
	197	Ignition sources at blasting sites	135
	198	Defective explosives	135
Division 2.9.7	Equipment for blasting operations
	199	Requirement to provide equipment	136
	200	Condition of blasting equipment	136
	201	Equipment used to initiate explosives	136
	202	Labelling, identification and testing of exploders	137
	203	Firing switches, short-circuit switches and switchboxes	137
Division 2.9.8	Before and after blasting
	204	Shotfirer to take due precautions	137
	205	Blasting warnings—general	138
	206	Audible warning system—general blasting	139
	207	Audible warning system—mines and quarries	139
	208	Control of blasting operations	140
	209	Total fire ban days	140
	210	Firing explosives at night	140
	211	Capping fuses and preparing primers	141
	212	Lowering primers into blast holes	141
	213	Approach of a storm	142
	214	Site preparation	143
	215	Blasting equipment precautions	143
	216	Blasting preparation	144
	217	Obstruction in blast hole	144
	218	Charging blast holes using pumpable or free-flowing explosives	145
	219	Precautions after blast	146
	220	Inspection of site at end of shift	146
Division 2.9.9	Electrical firing
	221	Use of exploders	147
	222	Use of mains firing	147
	223	Electrical firing—testing of components	148
	224	Electrical firing—safe location of firing position	149
	225	Electrical firing—precautions during charging	149
	226	Electric firing near source of electric power	150
	227	Electric detonators near radiation source	151
	228	Electronic detonator firing	152
Division 2.9.10	Other blasting procedures
	229	Safety fuse firing	152
	230	Use of detonating cord	153
	231	Signal tube firing	154
	232	Use of ANFO	155
	233	Dealing with butts	156
	234	Bulling charges	156
	235	Charging and firing charges	156
Division 2.9.11	Misfire precautions
	236	Meaning of misfire	157
	237	Immediate action after a misfire	157
	238	Misfire not to be left unattended	157
	239	Location of misfire	158
	240	Electrical tests for misfire	159
	241	No removal of cartridged explosive	159
	242	Blasting strategy to deal with misfire	159
	243	Misfire when electric detonator used	161
	244	Misfire when signal tube detonator used	161
	245	Work not to restart until safe	161
	246	Misfires that cannot be treated according to requirements	162
Division 2.9.12	Special blasting operations
	247	Blasting underwater	162
	248	Hot-material and high-temperature blasting	163
	249	Demolition of buildings and other structures	163
Part 2.10	Disposal of explosives
	250	Meaning of dispose	164
	251	Application of pt 2.10	164
	252	Authority to dispose of explosives	164
	253	Conditions for disposal of explosives—Act, s 53 (2) (b)	165
	254	Discarding explosives	165
	255	Safe disposal of explosives—AS 2187.2	166
	256	Safe disposal of explosives—general rules	166
	257	Safe disposal of explosives—inspector’s instructions	166
	258	Disposal records	166
Chapter 3	Fireworks
Part 3.1	Kinds of fireworks
	259	General use fireworks	168
	260	Consumer fireworks	169
	261	Prohibited fireworks	171
Part 3.2	General use fireworks
	262	General use fireworks—ch 3 does not apply	173
	263	Use in accordance with instructions	173
Part 3.3	Consumer fireworks
Division 3.3.1	Preliminary
	264	Consumer fireworks definitions	174
	265	Meaning of supply for pt 3.3	175
	266	Application of pt 3.3	175
Division 3.3.2	Consumer fireworks supply and storage—general
	267	Authority to supply and store consumer fireworks	175
	268	Reasonable steps for supplying and storing consumer fireworks—Act, s 16 (2) (e)	176
	269	Person in control of supplying and storing consumer fireworks—Act, s 17 (1) (e)	177
Division 3.3.3	Consumer fireworks licences
	270	Consumer fireworks licence applications—Act, s 50 (2)	177
	271	Consumer fireworks licence conditions—s 53 (2) (b)	178
	272	Term of consumer fireworks licence—Act, s 54 (2)	179
Division 3.3.4	Supply of consumer fireworks
	273	Training for suppliers of consumer fireworks	179
	274	Supply during Queen’s birthday supply period	180
	275	Advertising—Queen’s birthday supply period etc	180
	276	Display of consumer fireworks for supply	182
	277	Supply to children and non-ACT residents of consumer fireworks prohibited	183
	278	Consumer fireworks authorised receipts	183
	279	Misrepresentation about fireworks	184
Division 3.3.5	Labelling—consumer fireworks
	280	Requirement to obtain wholesaler’s assurance for consumer fireworks etc	184
	281	Where consumer fireworks labels must be fixed	185
	282	Information on consumer fireworks labels	185
Division 3.3.6	Packaging and safety instructions—consumer fireworks
	283	Sealed packaging for consumer fireworks	186
	284	Safety instructions for consumer fireworks	186
Division 3.3.7	Storage of consumer fireworks
	285	Application of div 3.3.7	188
	286	Consumer fireworks storage—place, time and quantity	188
	287	Consumer fireworks storage—premises	189
	288	Consumer fireworks—storage and packaging	190
	289	Consumer fireworks—place of storage	190
Division 3.3.8	Consumer fireworks records
	290	Delivery receipts—consumer fireworks	191
	291	Delivery records—consumer fireworks	191
	292	Supply records—consumer fireworks	192
Division 3.3.9	Use of consumer fireworks
	293	Application of div 3.3.9	192
	294	Authority for using consumer fireworks	193
	295	Consumer fireworks use on Queen’s birthday weekend	193
	296	User storage of consumer fireworks	194
	297	How to use consumer fireworks	194
Part 3.4	Fireworks displays
Division 3.4.1	Preliminary
	298	Application of pt 3.4	195
	299	Fireworks display definitions	195
Division 3.4.2	Using fireworks for fireworks displays—general
	300	Authority to use fireworks for fireworks displays	197
	301	Operator licence or display permit to be produced	197
	302	Reasonable steps for supplying and storing consumer fireworks—Act, s 16 (2) (e)	198
	303	Person in control of fireworks displays—Act, s 17 (1) (e)	198
Division 3.4.3	Display operator licences
	304	Display operator licence applications—Act, s 50 (2)	199
	305	Suitable people to hold display operator licences—Act, s 49 (1) (h)	200
	306	Display operator licence conditions—Act, s 53 (2) (b)	201
Division 3.4.4	Fireworks display permits
	307	Fireworks display permit applications—Act, s 50 (2)	202
	308	Suitable people to hold fireworks display permits—Act, s 49 (1) (h)	204
	309	Fireworks display permits—prescribed conditions for Act, s 53 (2) (b)	205
	310	Insurance requirements	205
	311	Multiple fireworks displays—general	205
	312	Multiple fireworks displays—theatrical events etc	206
	313	Time and place restrictions for outdoor displays	206
	314	Chief executive approval of fireworks displays—special celebrations	207
Division 3.4.5	Notification of outdoor fireworks displays
	315	Application of div 3.4.5	207
	316	Public notice for outdoor displays	207
	317	Notification of police, fire and emergency services about outdoor displays	208
Division 3.4.6	Management of fireworks displays—general
	318	Application of div 3.4.6	208
	319	Supervision—fireworks displays	208
	320	Fire protection—fireworks displays	209
	321	Sources of ignition—fireworks displays	209
	322	Keys for electrical firing—fireworks displays	209
	323	Clean up—fireworks displays	210
	324	Malfunctions—fireworks displays	210
	325	Reporting on displays	211
Division 3.4.7	Management of outdoor displays
	326	Application of div 3.4.7	212
	327	Separation distances—outdoor displays	212
	328	Barriers—outdoor displays	215
	329	On-site storage—outdoor displays	215
	330	Firing aerial shells—outdoor displays	217
	331	Mortar requirements—outdoor displays	217
	332	Supporting structures—outdoor displays	218
	333	Prevention of cross ignition—outdoor displays	218
Division 3.4.8	Miscellaneous
	334	Use of theatrical fireworks	218
	335	Use of flash powder for fireworks displays	219
	336	Use of Chinese firecrackers	220
Schedule 1	Consumer fireworks—registration standards	222
Part 1.1	Preliminary	222
	1	General	222
Part 1.2	Construction and design standards	223
	2	General construction and design standards	223
	3	Composition standards	223
	4	Ignition standards	224
	5	Firing standards	224
Part 1.3	Sampling and testing standards	225
	6	Sampling standard	225
	7	Test 1—weight and composition	226
	8	Test 2—ignition and firing	226
	9	Test 3—labelling and construction	227
Part 1.4	Classification report	227
	10	Form of report	227
	11	Batch identification	227
	12	Manufacturer’s details	228
	13	Photographs or catalogue images of fireworks	228
Schedule 2	Safety management systems	230
	1	Elements of the safety management system	230
	2	Safety policy and safety objectives	231
	3	Organisational structure and personnel	231
	4	Operational controls	232
	5	Management of change	233
	6	Performance monitoring	233
	7	Audit	234
Dictionary		235
Endnotes
	1	About the endnotes	251
	2	Abbreviation key	251
	3	Legislation history	252
	4	Amendment history	252

Australian Capital Territory
Dangerous Substances (Explosives) Regulations 2004     

made under the
Dangerous Substances Act 2004

    

  

Chapter 1	General
Part 1.1	Preliminary
1	Name of regulations
These regulations are the Dangerous Substances (Explosives) Regulations 2004.
3	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain terms used in these regulations, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.’ means that the expression ‘road’ is defined in that dictionary and the definition applies to these regulations.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Incorporated documents
	(1)	If a provision of an incorporated document that applies to these regulations is inconsistent with a provision of these regulations, the provision of these regulations prevails to the extent of the inconsistency.
	(2)	For these regulations, a reference to an incorporated document (in these regulations or in another incorporated document) is a reference to—
	(a)	the document as in effect at the commencement of this regulation; and
	(b)	if the document is amended after the commencement of this regulation, and an incorporated document notice under the Act, section 220 for the amendment is notified—the document as amended by the amendment; and
	(c)	if the document (or a replacement document mentioned in this paragraph) is replaced by another document after the commencement, and an incorporated document notice under the Act, section 220 for the replacement is notified—the replacement document; and
	(d)	if a replacement document mentioned in paragraph (c) is amended, and an incorporated document notice under the Act, section 220 for the amendment is notified—the replacement document as amended.
Example of replacement document
a new edition of an incorporated document published after the commencement of this regulation
Note 1	For the meaning of notification, see Legislation Act, s 63.
Note 2	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If these regulations require compliance (however expressed) with an incorporated document, and a provision of the document is expressed in advisory terms only (for example, as a recommendation rather than a requirement), these regulations are taken to require compliance with the provision unless the provision cannot reasonably be interpreted in that way.
	(4)	In this regulation:
incorporated document means any of the following:
	(a)	Assessing Fitness to Drive, published by Austroads Inc.
	(b)	the Australian Dangerous Goods Code;
	(c)	the Australian Explosives Code;
	(d)	AS 2187.0;
	(e)	AS 2187.1;
	(f)	AS 2187.2;
	(g)	AS 2187.4;
	(h)	the UN Test Manual;
	(i)	any other document a provision of which is incorporated, applied or adopted by a document mentioned in paragraphs (a) to (h).
6	Offences against regulations—application of Criminal Code etc
Other legislation applies in relation to offences against these regulations. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against these regulations (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1.2	Important concepts
Division 1.2.1	Explosives and dangerous substances
7	Meaning of explosive—Act, s 73
	(1)	In the Act (including these regulations):
explosive means a dangerous substance that is—
	(a)	an explosive substance, or an explosive article, as defined in subregulation (3); or
	(b)	an explosive substance, or an explosive article, within the meaning of the UN Test Manual; or
	(c)	a substance or article listed as class 1, or as having a subsidiary risk of class 1, in the Australian Explosives Code, appendix 2; or
	(d)	a substance or combination of substances, or an article, determined, in writing, by the Minister to be an explosive.
Note	Dangerous substance is defined in the Act, s 10. See also reg 8, which expands that definition.
	(2)	A determination by the Minister under subregulation (1) (d) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	In subregulation (1), definition of explosive, paragraph (a):
explosive article means an article containing 1 or more explosive substances.
explosive substance—
	(a)	means a solid or liquid substance, or a mixture of substances, that is in itself capable by chemical reaction of producing gas at such a temperature and pressure, and at such a speed, as to cause damage to the surroundings; and
	(b)	includes a pyrotechnic substance, even if the pyrotechnic substance does not evolve gas.
8	Meaning of dangerous substance—Act, s 10 (1) (h)
In the Act (including these regulations):
dangerous substance includes an unstable explosive article or substance.
9	Unstable explosives
	(1)	In these regulations:
unstable explosive article or substance means an explosive article or explosive substance that is rejected for classification into hazard division 1.1 to 1.6 under the UN Test Manual because it is thermally unstable or too dangerous to transport.
	(2)	In this regulation:
explosive article—see regulation 7 (3);
explosive substance—see regulation 7 (3).
Division 1.2.2	Classification of explosives
10	Hazard divisions
	(1)	In these regulations:
hazard division, of an explosive, means—
	(a)	the hazard division of the explosive under this regulation; or
	(b)	if the explosive is stored or carried with an explosive of a different hazard division under this regulation—the collective hazard division worked out under regulation 16.
	(2)	Explosives may be classified into hazard divisions as follows:
	(a)	hazard division 1.1—explosives that have a mass explosion hazard;
	(b)	hazard division 1.2—explosives that have a projection hazard, but not a mass explosion hazard;
	(c)	hazard division 1.3—explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard;
	(d)	hazard division 1.4—explosives that present only a small hazard if ignited or initiated, with the effects largely confined to the package, and no expected projection of fragments of appreciable size or range;
	(e)	hazard division 1.5—very insensitive explosive substances that have a mass explosion hazard;
	(f)	hazard division 1.6—very insensitive explosive articles that do not have a mass explosion hazard.
11	Compatibility group
In these regulations:
compatibility group, of an explosive, means the letter showing the compatibility group for the explosive under the Australian Explosives Code.
Note	Which explosives can and cannot be safely carried or stored together may be worked out by reference to their compatibility group.
12	Classification code
In these regulations:
classification code, of an explosive, means a code consisting of the explosive’s hazard division number followed by its compatibility group.
Example
The hazard division for an explosive article containing only extremely insensitive detonating substances is 1.1. The article’s compatibility group is D. Its classification code is 1.1D.
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
13	Method of classification of explosives
	(1)	Subject to regulation 14 (Default classification of explosives), the classification of an explosive must be worked out by an independently verified test carried out in accordance with the UN Test Manual.
	(2)	If the classification of an explosive for these regulations is worked out by a test under subregulation (1), the classification only applies when the explosive—
	(a)	is packaged (or not packaged) as it was when tested; and
	(b)	is in the form it was in when tested.
14	Default classification of explosives
	(1)	This regulation applies if the classification of an explosive has not been worked out by an independently verified test carried out in accordance with the UN Test Manual.
	(2)	The classification of the explosive is taken to be hazard division 1.1, unless the explosive is a firework to which subregulation (3) applies.
	(3)	If the Minister determines, in writing, criteria for working out the classification of a firework for this regulation the hazard division of the firework is taken to be the hazard division worked out in accordance with the criteria.
	(4)	A determination by the Minister under subregulation (3) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(5)	This regulation does not apply to an unstable explosive article or substance.
15	Detonators, classification 1.4
For these regulations, a detonator that would otherwise be of classification code 1.4B or 1.4S is taken to be of classification code 1.1B if it is not in its original unopened packaging.
16	Collective hazard divisions—explosives stored or carried together
	(1)	For these regulations, and for any incorporated document within the meaning of regulation 5 (Incorporated documents), if explosives of 2 or more different hazard divisions are stored or carried together, the hazard division of the explosives (the collective hazard division) must be worked out in accordance with this regulation.
	(2)	The collective hazard division of explosives of 2 different hazard divisions (primary hazard divisions) is the hazard division shown in table 16.1 at the intersection of the row and column corresponding to the primary hazard divisions of each of the explosives.

Table 16.1	Collective hazard divisions
column 1
item	column 2
primary hazard division	column 3
1.1	column 4
1.2	column 5
1.3	column 6
1.4	column 7
1.5	column 8
1.6	
1	1.1	1.1	1.1	1.1	1.1	1.1	1.1	
2	1.2	1.1	1.2	1.1	1.2	1.1	1.2	
3	1.3	1.1	1.1	1.3	1.3	1.1	1.3	
4	1.4	1.1	1.2	1.3	1.4	1.5	1.6	
5	1.5	1.1	1.1	1.1	1.5	1.5	1.5	
6	1.6	1.1	1.2	1.3	1.6	1.5	1.6	

	(3)	The collective hazard division of explosives of more than 2 different primary hazard divisions is the hazard division (the final collective hazard division) worked out as follows:
	(a)	step 1—work out the collective hazard division (the initial collective hazard division) of any 2 of the different primary hazard divisions in accordance with subregulation (2);
	(b)	step 2—work out the collective hazard division (the subsequent collective hazard division) of a 3rd different primary hazard division and the initial collective hazard division, in accordance with subregulation (2);
	(c)	further steps (if necessary)—continue working out subsequent collective hazard divisions in the same way as in step 2 until all different primary hazard divisions have been considered;
	(d)	final step—the final collective hazard division is the subsequent collective hazard division worked out when the last different primary hazard division has been considered.
17	Hazard division 1.6
	(1)	For these regulations, if different kinds of explosive articles of hazard division 1.6 are stored or carried together, their collective hazard division is taken to be hazard division 1.1, unless subregulation (2) applies.
	(2)	The collective hazard division of the explosive articles may be treated as hazard division 1.6 if the person seeking to treat them as such establishes that it is proved by testing or analogy that there is no additional risk of sympathetic detonation between the articles.
18	Classification of articles
For these regulations, if an explosive substance is securely contained within an explosive article—
	(a)	the substance is taken to be a part of the article; and
	(b)	the substance is taken not to be an independent explosive.
Division 1.2.3	Other concepts
19	Licensing—meaning of application and issue
In these regulations:
application, for a licence authorising the handling of explosives, includes an application for the amendment of the licence to give the applicant a new handling authority for the explosives.
issue, of a licence giving the licensee a particular kind of handling authority, includes the amendment of a licence to give the licensee that kind of handling authority in addition to another kind or kinds of handling authority given by the licence.
Note	The following terms are defined in the Act as follows:
·	handle a dangerous substance (including an explosive) means to deal with the substance in a wide variety of ways (see the Act, s 11)
·	handling authority is a kind of handling of a dangerous substance that is authorised by a licence (see the Act, s 56 (1) (d))
·	licence is a licence issued under the Act (see the Act, dict).
20	Meaning of ensure
If a provision of these regulations requires a person to ensure that something is or is not done in relation to an explosive, the provision is taken to require the person to ensure that reasonable steps are taken to minimise any risk, and eliminate any hazard, that might result if the requirement were not met.
Note	The following terms are defined in the Act:
·	hazard (s 15 (1))
·	risk (s 15 (2))
·	reasonable steps (s 16).
21	References to quantities of explosives
	(1)	In these regulations, a reference to a quantity of explosive by weight is a reference to the gross quantity of the explosive (including the packaging), unless the regulations refer expressly to the NEQ of the explosive.
Note	NEQ is the net explosive quantity (see dict, def NEQ).
	(2)	In the following standards, as applied by these regulations, a reference to the NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including the packaging):
	(a)	AS 2187.0;
	(b)	AS 2187.1;
	(c)	AS 2187.2;
	(d)	AS 2187.4.
22	Reports to fire commissioner and chief fire control officer
	(1)	This regulation applies if these regulations are expressed to require information (including a notice or report) to be given to the fire commissioner or chief fire control officer, whichever is appropriate.
	(2)	If the information relates to explosives that may present a hazard or risk in a built-up area, the information must be given to the fire commissioner.
	(3)	If the information relates to explosives that may present a hazard or risk outside a built-up area, the information must be given to the chief fire control officer.
	(4)	If the information relates to explosives that may present a hazard or risk both inside and outside a built-up area, the information must be given to both the fire commissioner and the chief fire control officer.
	(5)	In this regulation:
built-up area means a built-up area declared under the Bushfire Act 1936, section 3.

Chapter 2	Explosives generally
Part 2.1	General duties
    
23	Misuse of explosives
	(1)	A person commits an offence if—
	(a)	the person—
	(i)	uses an explosive in a way that produces an explosive effect; or
	(ii)	modifies an explosive so that it can produce an explosive effect; and
	(b)	the explosive was not designed to produce that explosive effect.
Maximum penalty:  30 penalty units.
	(2)	In a prosecution for an offence against subregulation (1), if the explosive is an authorised explosive, an entry in the register describing the explosive effect for which the explosive is designed is evidence of that fact.
	(3)	This regulation does not apply if the person is authorised under a licence or these regulations to use or modify the explosive in the way mentioned in subregulation (1) (a).
	(4)	An offence against this regulation is a strict liability offence.
24	Explosives incidents—reporting damage or injury
	(1)	If someone is injured or dies, or property is damaged, as a direct or indirect result of an explosion, fire or other incident involving explosives (including injury or damage resulting from the ignition or firing of fireworks) a responsible person for the explosives must—
	(a)	if there is a fire, immediately notify the incident to the fire commissioner or the chief fire control officer, whichever is appropriate; and
	(b)	without delay, tell the chief executive and a police officer about the incident; and
	(c)	if asked by an inspector, within 48 hours after the request give a report of the incident to the inspector setting out the details of the incident and the injury or damage.
Maximum penalty:  30 penalty units.
Note	Responsible person, for a dangerous substance (including an explosive) is defined in the Act, s 18.
	(2)	If there are 2 or more responsible people for the explosives, compliance by any 1 or more of them with subregulation (1) is taken to be sufficient compliance with this regulation.
	(3)	An offence against this regulation is a strict liability offence.
25	Loss or theft of explosives—reporting
	(1)	A responsible person for an explosive, on becoming aware of an incident of theft or loss at premises where the explosive is stored, must—
	(a)	without delay, tell the chief executive and a police officer about the incident; and
	(b)	if asked by an inspector, within 48 hours after the request give a written report to the inspector setting out the details of the incident and describing the kind and amount of any explosives lost or stolen.
Maximum penalty:  30 penalty units.
Note 1	Premises are defined in the Act, dict, to include land, structures and vehicles.
Note 2	Responsible person, for a dangerous substance (including an explosive) is defined in the Act, s 18.
	(2)	If there are 2 or more responsible people for the explosive, compliance by any 1 or more of them with subregulation (1) is taken to be sufficient compliance with this regulation.
	(3)	This regulation does not apply to—
	(a)	explosives that are general use fireworks;
	(b)	an incident of theft or loss in relation to a person responsible for explosives that are consumer fireworks, if the consumer fireworks were supplied to the person by retail.
	(4)	An offence against this regulation is a strict liability offence.
	(5)	In this regulation:
incident of theft or loss, at premises, means—
	(a)	the theft or loss of explosives from the premises; or
	(b)	a break-in to the premises; or
	(c)	an attempt to do something mentioned in paragraph (a) or (b).

Part 2.2	Authorisation of explosives
Division 2.2.1	Preliminary
26	Authorised explosives—Act, s 73
	(1)	In these regulations—
authorised explosive means—
	(a)	an explosive declared by the Minister or the chief executive under this part to be authorised; or
	(b)	a general use firework; or
	(c)	ANFO, if it is manufactured under a shotfirer licence, in accordance with the prescribed condition of the licence mentioned in regulation 187 (1) (c).
	(2)	An authorised explosive is a controlled dangerous substance for the Act.
27	Prohibited explosives—Act, s 73
	(1)	The following explosives are prohibited explosives for the Act:
	(a)	an explosive declared by the Minister in writing;
	(b)	any other explosive that is not an authorised explosive.
	(2)	A declaration by the Minister for subregulation (1) (a) is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2	A prohibited explosive is a prohibited dangerous substance for the Act (see the Act, s 73, def prohibited dangerous substance, par (a)).
Note 3	A prohibited firework cannot be an authorised explosive (see reg 29 (2) and reg 31. Prohibited fireworks are those mentioned in reg 262.
28	Meaning of Queen’s birthday supply
In these regulations:
Queen’s birthday supply, of a consumer firework registered (or proposed to be registered) under division 2.2.4, means the retail supply of the firework during the Queen’s birthday supply period following the date of registration.
Note	The Queen’s birthday supply period is the period that begins 7 days before the 2nd Monday in June and ends at 5 pm on that Monday (see reg 274).
Division 2.2.2	Ministerial declarations—Act, s 314 (3) (a)
29	Authorisation—Ministerial declarations
	(1)	The Minister may declare an explosive to be authorised.
	(2)	However, the Minister must not declare a prohibited firework to be authorised.
	(3)	A declaration for an explosive must not mention the composition, quality or character of the explosive.
	(4)	A declaration is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2	The chief executive may also declare an explosive to be authorised (see reg 31). 
Division 2.2.3	Chief executive declarations—Act, s 314 (3) (a)
30	Authorisation requests
	(1)	A person may ask the chief executive, in writing, to authorise an explosive.
Note 1	If a form is approved under the Act, s 222 for a request, the form must be used.
Note 2	A fee may be determined under the Act, s 221 for this regulation.
	(2)	The following information and documents must accompany the request:
	(a)	the person’s name and contact details;
	(b)	a description of the explosive, including each of the following:
	(i)	the explosive’s name;
	(ii)	the explosive’s composition, formulation, NEQ and (for a firework) pyrotechnic composition;
	(iii)	the explosive’s UN number and classification code, if known and unless it is an unstable explosive article or substance;
	(iv)	for explosive articles—a diagram showing the construction of the explosive (for example, a cutaway drawing showing each component);
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	the use for which the explosive is intended;
	(d)	the following details about the explosive’s manufacture or import:
	(i)	if the explosive is manufactured in Australia—the name, address and ABN number of the manufacturer who is to supply the explosive;
	(ii)	if the explosive is manufactured outside Australia—the name of the manufacturer and the name, address and ABN number of the importer who is to supply the explosive;
	(e)	details of any performance and testing of the explosive, in accordance with the UN Test Manual;
	(f)	if the explosive is to be handled in a packaged form—details about the packaging including the following:
	(i)	the method of marking the packaging;
	(ii)	the number of explosives in each form of packaging in which the explosive is handled;
	(iii)	the results of any testing of the packaging under the Australian Explosives Code, and any approval number assigned to the packaging under the code;
	(g)	a copy of a safety data sheet for the explosive, or equivalent information if no safety data sheet is available;
	(h)	any other information or documents required by a form for the request approved under the Act, section 222.
	(3)	However, if the request is for temporary authorisation of an explosive for manufacture and field trials, the request—
	(a)	must be accompanied by a statement of—
	(i)	the reason for seeking temporary authorisation; and
	(ii)	the period for which temporary authorisation is sought; and
	(b)	may omit any information or documents otherwise required by subregulation (2) if they cannot be included because of the nature of the request.
Note	If the UN number and classification code, and details of any performance and testing of the explosive in accordance with the UN Test Manual, is unavailable for an explosive for which authorisation is sought, the explosive will be assigned a default classification under reg 14.
	(3)	The chief executive may exercise the same powers in relation to a request for the authorisation of an explosive as the chief executive may exercise in relation to an application for a licence under the Act, section 51 (Power to ask for information from applicants, licensees and others).
31	Authorisation—chief executive declarations
	(1)	On a request under regulation 30, the chief executive may declare an explosive to be authorised.
Note	The Minister may also declare an explosive to be authorised (see reg 29).
	(2)	A declaration for an explosive must not mention the composition, quality or character of the explosive.
32	Authorisation decision-making
	(1)	Before making a declaration under regulation 31, the chief executive must—
	(a)	define the composition, quality and character of the explosive; and
	(b)	assign a classification code to the explosive, unless the explosive is an unstable explosive article or substance.
Note 1	Reg 13 (Method of classification of explosives) and reg 14 (Default classification of explosives) deal with the method of classification to be applied here. 
	(2)	The chief executive may refuse a request for authorisation if any required information, or any required document, is not given with the request.
	(3)	The chief executive must not authorise an explosive if—
	(a)	the explosive is a prohibited firework; or
	(b)	for any explosive—
	(i)	the explosive is declared by the Minister to be a prohibited explosive for the Act, under regulation 27; or
	(ii)	the chief executive is satisfied that the authorisation of the explosive would be inconsistent with the purpose stated in the Act, section 6 (1).
	(iii)	the explosive does not meet any criteria determined by the Minister by notice.
Note	The Act, s 6 (1) states that the purpose of the Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances. Explosives are dangerous substances (see reg 7).
	(4)	A determination by the Minister for subregulation (3) (b) (iii) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
33	AAT review of decision to refuse authorisation
	(1)	A decision of the chief executive to refuse a request for authorisation is a reviewable decision for the Act, section 186.
	(2)	The person requesting authorisation is prescribed for the Act, section 187 (Notice of reviewable decisions).
Note	The effect of this regulation is to make the decision reviewable by the AAT. See the Act, ch 9 for the relevant procedures.
34	Register of authorised explosives
	(1)	The chief executive must keep a register of authorised explosives.
	(2)	The register must include the following information about each authorised explosive:
	(a)	its name;
	(b)	a manufacturer or importer of the explosive, if identifiable;
	(c)	its composition, quality and character;
	(d)	a description of its explosive effect;
	(e)	its UN number and classification code, unless it is an unstable explosive article or substance;
	(f)	if it is an unstable explosive article or substance—the nature of its instability;
	(g)	if it is a consumer firework—whether it is registered under division 2.2.4 for Queen’s birthday supply;
	(h)	if the authorisation is temporary—the period of authorisation;
	(i)	a unique authorisation number. 
	(3)	The register is open to inspection only by the chief executive or a person authorised by the chief executive.
	(4)	However, the chief executive must give a list of authorised explosives to anyone who asks for it.
	(5)	The list—
	(a)	must not mention the composition, quality or character of the explosives listed; but
	(b)	for a consumer firework—must indicate whether the firework is registered for Queen’s birthday supply.
35	End of authorisation
	(1)	The authorisation of an explosive ends—
	(a)	for a temporary authorisation—at the end of the period of authorisation; or
	(b)	for any explosive—if it is revoked under this regulation.
	(2)	The chief executive may revoke the authorisation of an explosive—
	(a)	at the written request of the person at whose request the explosive was authorised; or
	(b)	at the written request of a manufacturer of the explosive; or
	(c)	if satisfied that the explosive, as currently handled in the ACT, no longer has the composition, quality or character registered for the explosive under regulation 34.
	(3)	A decision of the chief executive to revoke the authorisation of an explosive is a reviewable decision for the Act, section 186.
Note	The effect of this subregulation is to make the decision reviewable by the AAT. See the Act, ch 9 for the relevant procedures.
	(4)	The person at whose request the explosive was authorised is prescribed for the Act, section 187 (Notice of reviewable decisions).
	(5)	As soon as practicable after the end of the authorisation of an explosive, the chief executive must amend the register accordingly.
36	Disposal of explosives after authorisation revoked
	(1)	If the chief executive intends to revoke the authorisation of an explosive, the chief executive must, no later than 4 weeks before the intended date of revocation, give each person in the ACT known to be handling the explosive written notice of that intention (a notice of revocation) stating that the person is required to dispose of the explosive on or before the intended date of revocation by—
	(a)	destroying the explosive; or
	(b)	removing it from the ACT.
	(2)	If a person fails to comply with the notice of revocation, the chief executive may take whatever steps are necessary and reasonable to dispose of the explosive under the person’s control.
	(3)	The reasonable costs of the disposal of an explosive under subregulation (2) are a debt owing to the Territory by the person who failed to comply with the notice.
	(4)	A person to whom a notice of revocation is given must comply with the notice.
Maximum penalty:  30 penalty units.
	(5)	A person to whom a notice of revocation is given must ensure that the explosive that is the subject of the notice is not—
	(a)	used; or
	(b)	supplied to anyone else, unless the supply is for the purpose of removing the explosive from the ACT.
Maximum penalty:  30 penalty units.
	(6)	An offence against this regulation is a strict liability offence.
Division 2.2.4	Registration of consumer fireworks for Queen’s birthday supply—
Act, s 314 (3) (a)
37	Queen’s birthday supply registration requests
	(1)	A person may ask the chief executive in writing to register a consumer firework for Queen’s birthday supply during the next Queen’s birthday supply period after the request is made.
Note 1	If a form is approved under the Act, s 222 for a request, the form must be used.
Note 2	A fee may be determined under the Act, s 221 for this regulation.
	(2)	The following information and documents must accompany the request:
	(a)	the person’s name and contact details;
	(b)	if the firework is authorised—the firework’s authorisation number;
	(c)	if there is a pending request for authorisation of the consumer firework under division 2.2.3, but the consumer firework has not yet been authorised—details of the request;
	(d)	a classification report in relation to the testing of the firework as required by the consumer fireworks standards in schedule 1;
	(e)	any other information or documents required by a form for the request approved under the Act, section 222.
	(3)	The chief executive may exercise the same powers in relation to a request for the registration of a consumer firework for Queen’s birthday supply as the chief executive may exercise in relation to an application for a licence under the Act, section 51 (Power to ask for information from applicants, licensees and others).
38	Queen’s birthday supply registration
On a request under regulation 37 for registration of a consumer firework for Queen’s birthday supply, the chief executive may register the firework for Queen’s birthday supply.
39	Queen’s birthday supply registration—decision-making
	(1)	The chief executive may refuse a request for registration of a consumer firework for Queen’s birthday supply if any required information, or any required document, is not given with the request.
	(2)	The chief executive must not register a consumer firework for Queen’s birthday supply unless—
	(a)	the firework is an authorised explosive; and
	(b)	the chief executive is satisfied that the firework meets the consumer fireworks standards in schedule 1.
	(3)	A decision of the chief executive to refuse a request to register a consumer firework for Queen’s birthday supply is a reviewable decision for the Act, section 186.
	(4)	The person requesting registration is prescribed for the Act, section 187 (Notice of reviewable decisions).
Note	The effect of this regulation is to make the decision reviewable by the AAT. See the Act, ch 9 for the relevant procedures.
40	End of registration for Queen’s birthday supply
	(1)	The registration of a consumer firework for Queen’s birthday supply ends at 5 pm on the second Monday in June after the date of its registration.
Note	The 2nd Monday in June is an annual public holiday to celebrate the Queen’s birthday (see Holidays Act 1958, s 3 (1) (a) (viii)).
	(2)	The registration of a consumer firework for Queen’s birthday supply also ends if the authorisation of the firework ends under regulation 35.
	(3)	On the day after the end of registration of a consumer firework for Queen’s birthday supply, or as soon as practicable after that, the chief executive must amend the register accordingly.

Part 2.3	Packing, labelling and placarding explosives
    
41	Application of pt 2.3
This part applies to the following:
	(a)	the packing of explosives;
	(b)	the labelling or placarding of packages, unit loads and intermediate bulk containers of explosives.
42	Interpretation for pt 2.3
	(1)	A term used in this part has the same meaning as in the Australian Explosives Code. 
	(2)	However, in the Australian Explosives Code as applied by this part—
	(a)	a marking on an explosive (or a package of an explosive) is a placard or label; and
	(b)	an explosive (or a package of an explosive) is marked if it is placarded or labelled.
43	Correct packing, labelling and placarding—Act, s 14
Subject to regulation 45, for the Act, section 14, an explosive is correctly packed, labelled or placarded if—
	(a)	it is packed, labelled or placarded in accordance with the Australian Explosives Code; and
	(b)	in relation to the packing or labelling of a consumer firework—it is packed and labelled in accordance with division 3.3.5 (Labelling—consumer fireworks) and division 3.3.6 (Packaging and safety instructions—consumer fireworks); and
	(c)	in relation to the packing of any explosive—the packaging is clean and free from grit.
Note 1	See Australian Explosives Code, ch 3 (Marking of packages, vehicles and transport containers) and ch 5 (Packaging, IBCs and unit loads for explosives).
Note 2	A manufacturer, importer or supplier of an explosive may commit an offence against the Act, s 26, 27 or 28 if the explosive is not correctly packed, labelled or placarded as provided by this regulation.
44	Correct packing for supply—Act, s 14
If an explosive is supplied in a packaged form, for the Act, section 14, it is not correctly packed unless—
	(a)	the package is appropriate for the kind of explosive; and
	(b)	the package prevents the explosive from escaping from the package; and
	(c)	for an explosive of classification code 1.1D or 1.5D—the explosive is supplied—
	(i)	as far as practicable, in its original package; and
	(ii)	without cutting or breaking its cartridge.
45	Exceptions—labelling and placarding
However, regulation 43 does not apply to the labelling or placarding of explosives in the following circumstances:
	(a)	for explosives that are within the boundaries of premises where they are being manufactured, if the explosives are—
	(i)	in the process of being manufactured, or are semifinished; or
	(ii)	in containers clearly and conspicuously marked with the name of the contents, and are intended for use at the premises;
	(b)	for an explosive that is at a place where it is intended to be used for a blasting operations—
	(i)	if regulation 76 (Storage of unused explosive mixtures) and regulation 196 (Site receptacles) are complied with; or
	(ii)	if the explosive is manufactured at that place;
	(c)	for any of the following explosives, if they are in a quantity of not more than 5kg, and are stored or carried by an individual for the individual’s personal use:
	(i)	safety cartridges;
	(ii)	distress signals;
	(iii)	general use fireworks.

Part 2.4	Manufacturing explosives
Division 2.4.1	Definitions about manufacturing explosives
46	Manufacturing definitions
	(1)	In these regulations:
central mixing point, for an explosive mixture, means a structure or place at a mine, quarry, construction or other site where the mixture is prepared for use at or near the site, but does not include a factory.
explosive mixture means a mixture of an oxidising agent and a fuel component, if the mixture is an authorised explosive.
Note	For the meaning of fuel component and oxidising agent, see reg (2).
factory–
	(a)	means premises, other than a mobile manufacturing unit, used or intended to be used for the manufacture of an explosive, or a purpose related to that manufacture; and
	(b)	includes land used, or intended to be used, for the disposal of explosives or waste materials.
filling or capping, in relation to safety cartridges, includes— 
	(a)	filling an explosive powder and projectiles into safety cartridge cases; and
	(b)	filling an explosive powder into safety cartridge cases; and
	(c)	capping safety cartridge cases.
manufacture, of explosives, means—
	(a)	the manufacture of the explosives at a factory; or
	(b)	the manufacture of ammunition at a factory, including the filling and capping of safety cartridges at the factory; or
	(c)	the manufacture of explosive mixtures at the point of application or use; or
	(d)	the filling or capping of safety cartridges for a commercial purpose other than at a factory.
Note 1	Manufacture (a dangerous substance) is also defined in the Act, dict. Explosives are dangerous substances. This definition qualifies the definition in the Act.
Note 2	Div 2.4.9 imposes obligations on individuals filling or capping safety cartridges for non-commercial purposes.
manufacturing licence, for explosives, means a licence issued for this part authorising the manufacture of explosives.
Note	Licences are issued under the Act (see the Act, dict, def licence).
mobile manufacturing unit means a vehicle or other mobile unit used for the manufacture of explosives.
Note	This applies the definition used in AS 2187.0. In AS 2187.0, AS 2187.1 and AS 2187.2, the term mobile manufacturing unit is used interchangeably with the terms MMU and mobile mixing unit.
modification, of a factory or safety management system, means a change to the factory or system that has the effect of creating a new hazard or increasing the risk associated with an existing hazard, and includes—
	(a)	a change to any plant, building, storage facility or process, including the introduction of a new plant process; and
	(b)	a change to the quantity of explosives present or likely to be present, including the introduction of any new explosive material; and
	(c)	a change to the quantity of any dangerous substances present or likely to be present, including the introduction of a new dangerous substance; and
	(d)	for a safety management system—a change to the system.
point of application or use, of an explosive, includes—
	(a)	a central mixing point for the explosive; and
	(b)	a mobile manufacturing unit for the explosive.
	(2)	For subregulation (1), definition of explosive mixture:
fuel component—
	(a)	means—
	(i)	a combustible granular solid; or
	(ii)	a clean oil, fuel oil or other oil that has a closed-cup flash point of 60.5C or higher; and
	(b)	includes a compatible dye or sensitising agent.
oxidising agent includes—
	(a)	a granular solid of class 5.1; and
	(b)	an aqueous gel, or emulsion, of class 5.1.
47	Meaning of explosive for pt 2.4
In this part:
explosive includes a substance or a mixture of substances that is manufactured with the intention of producing an explosive as defined in regulation 7.
Division 2.4.2	Manufacturing licences
48	Authority to manufacture explosives
A person is authorised to manufacture an explosive if the person—
	(a)	holds a manufacturing licence authorising the manufacture of the explosive; or
	(b)	is an individual engaged (as an employee or contractor) to manufacture the explosive under the supervision of a person who holds a manufacturing licence.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who manufactures an explosive without authorisation may commit an offence against the Act, s 74 (Unauthorised manufacture of certain dangerous substances).
49	Person in control of manufacture—Act, s 17 (1) (e)
For the Act, the holder of a manufacturing licence is a person in control of all of the following in relation to the manufacture of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	the premises where the explosive is manufactured;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance. 
50	Reasonable steps for manufacture—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the manufacture of an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to the manufacture.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
51	Manufacturing licence applications for Act, s 50 (2)—general
An application for a manufacturing licence must include the following information and documents:
	(a)	the name and address of the applicant;
	(b)	the address of premises where the explosives are stored or are to be stored;
	(c)	documentation describing a safety management system for the proposed manufacturing activity;
	(d)	the maximum number of people likely to be present in—
	(i)	the explosives manufacturing area; and
	(ii)	other areas of the premises;
	(e)	details of the fire protection proposed to be used;
	(f)	any other information required by a form for the application approved under the Act, section 222.
52	Manufacturing licence applications for Act, s 50 (2)—factory manufacture
An application for a manufacturing licence authorising the manufacture of explosives at a factory must include the following information and documents in addition to what is required under regulation 51:
	(a)	a plan of the premises where the explosives are to be manufactured adequately showing the following:
	(i)	the boundaries of the premises and the nature of any fences;
	(ii)	the location of all buildings and structures on the premises and their uses, including details of quantities of explosives and any other dangerous substances that may be present in those buildings and structures, and applicable separation distances for those explosives and other dangerous substances;
	(iii)	areas of public access and car parking areas;
	(iv)	details of all internal roads and points of entry into, and exit from, the premises;
	(v)	the location of automatic fire sprinkler systems, fire hydrants, fire hose reels, portable fire-extinguishers and other fire protection devices;
	(vi)	the place where the manifest and other emergency information about explosives and other dangerous substances at the premises is kept;
	(vii)	the location of gas, steam and electricity generation or distribution areas;
	(viii)	details of all loading and unloading areas for road and rail vehicles and ships;
	(ix)	details of all buildings, structures and storage areas on adjacent premises and areas open to the public;
	(b)	an identification number or code for each building on the premises;
	(c)	the correct product name, UN number, and classification code for each kind of explosive, and any other dangerous substance, kept on the premises;
	(d)	the maximum quantity of each kind of explosive and any other dangerous substance likely to be stored on the premises;
	(e)	a detailed description of the process of manufacture, including the nature of any chemical reaction involved and the various operations to which explosives and any other dangerous substances used in the process will be subjected;
	(f)	a preliminary process flow sheet that provides sufficient detail to make an assessment of the risks of manufacture and includes information about the temperatures and pressures of materials at each stage of manufacture;
	(g)	a list of the main plant items, specifying the following:
	(i)	the capacity, design pressure and temperature limits for safe operation (upper and lower);
	(ii)	any special features of construction;
	(iii)	details of utility services;
	(h)	details of the principal standards and codes to be used in the design of the plant items;
	(i)	a statement of the method by which the manufacturing process will be controlled;
	(j)	a description of the location and construction of any control room.
53	Manufacturing licence applications for Act, s 50 (2)—central mixing points and mobile manufacturing units
	(1)	An application for a manufacturing licence authorising the manufacture of explosives at a central mixing point must include the information and documents mentioned in regulation 52 (a), (c), (d), (e), (g) and (i) in addition to what is required under regulation 51.
	(2)	An application for a manufacturing licence authorising the manufacture of explosives at a mobile manufacturing unit must include the information and documents mentioned in regulation 52 (c) to (i) in addition to what is required under regulation 51.
54	Manufacturing licence applications for Act, s 50 (2)—safety cartridges
An application for a manufacturing licence authorising the manufacture of explosives by filling or capping safety cartridges for commercial purposes must include the information and documents mentioned in regulation 52 (a), (e) and (g) in addition to what is required under regulation 51.
55	Manufacturing licence conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each manufacturing licence:
	(a)	only authorised explosives may be manufactured under the licence;
	(b)	anyone who handles an explosive or another dangerous substance under the licence must have the appropriate skills and training for doing so;
	(c)	at any person’s request, the licensee must provide the person with a safety data sheet for any explosives manufactured under the licence;
	(d)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the manufacture of explosives under the authority of the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
	(2)	Subregulation (1) (c) takes effect 12 months after the day on which this regulation commences.
	(3)	Subregulation (2) and this subregulation expire 12 months after the day on which this regulation commences.
56	Manufacture records
	(1)	A person who holds a manufacturing licence must, for each explosive manufactured, make a record of the manufacture that complies with subregulation (2).
	(2)	The record must include the following information:
	(a)	the type and quantity of explosive;
	(b)	the date of manufacture;
	(c)	whether the explosive was manufactured for immediate use or supply, or, if it was stored, details of storage (including the details of any licence under the authority of which it was stored).
Note	If the explosive is disposed of, the licensee must make a record of the disposal under reg 258.
	(3)	The licensee must keep the record for at least 3 years after the date it is made, whether or not the licensee continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
Division 2.4.3	Safety management system
57	Safety management system requirements
	(1)	The holder of a manufacturing licence must, as soon as practicable after the licence is issued, establish and implement a safety management system to ensure that the manufacture of explosives under the licence is carried out as safely as practicable.
	(2)	The licensee must ensure that the safety management system is described in a document that—
	(a)	is comprehensible to people who use it; and 
	(b)	is readily accessible; and
	(c)	sets out—
	(i)	the safety objectives of the system; and
	(ii)	the systems and procedures by which those objectives are to be achieved; and
	(iii)	how the safety objectives are measured and maintained; and
	(d)	includes the information and documents required by schedule 2 or, if the schedule requires information to be set out in a separate document, identifies the other document and states where it can be accessed; and
	(e)	is communicated to each person involved in the implementation of the system, or otherwise affected by the system.
	(3)	The safety management system must be prepared in accordance with schedule 2.
	(4)	The licensee must ensure that the safety management system—
	(a)	is implemented and enforced; and
	(b)	is reviewed and, if necessary, revised—
	(i)	whenever a modification is made to the factory; or 
	(ii)	whenever an incident happens that must be reported under regulation 24 (Explosives incidents—reporting damage or injury); or
	(iii)	whenever a change in the operation of the factory happens; and
	(c)	is reviewed and, if necessary, revised at least every 5 years.
58	Information about safety management systems
	(1)	The licensee must keep written records of all modifications made to, or affecting the operation of, a safety management system for at least 5 years, whether or not the licence continues in force for that period.
Maximum penalty:  10 penalty units.
	(2)	The licensee must give the chief executive any requested information in relation to the licensee’s safety management system—
	(a)	as soon as is practicable after the chief executive asks the licensee for the information; but
	(b)	no later than 7 days after the day the licensee receives the request.
Maximum penalty:  10 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
Division 2.4.4	Factory manufacture
59	Application of div 2.4.4—factory manufacture
This division applies if a manufacturing licence authorises the manufacture of explosives at a factory.
60	Factory manufacture—notice to fire authorities
	(1)	The licensee must give written notice of the following information to the fire commissioner or the chief fire control officer, whichever is appropriate, as soon as practicable after the licence is issued, renewed or amended:
	(a)	a copy of the licence;
	(b)	a site plan showing the location of any buildings containing or likely to contain dangerous substances, including magazines containing or likely to contain explosives;
	(c)	the location of manifests, emergency plans and critical controls and interfaces for fire systems.
Maximum penalty:  20 penalty units.
	(2)	If a licence is cancelled or has otherwise ceased to be in force, the person who held the licence must tell the fire commissioner or the chief fire control officer, whichever is appropriate, of the cancellation or cessation, in writing, within 14 days after—
	(a)	 the day of the cessation; or
	(b)	if the licence is cancelled—the day the licensee is told about the cancellation.
Maximum penalty:  20 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
61	Separation distances for factories
The separation distances required by AS 2187.1 must be maintained between any building containing explosives within a factory and any of the following:
	(a)	magazines; 
	(b)	other buildings on the premises;
	(c)	protected works;
	(d)	vulnerable facilities.
Note	In applying AS 2187.1:
·	reg 16 must be used to work out the collective hazard division of explosives that are stored together instead of the approach set out in the standard itself
·	a reference to the NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including packaging)—see reg 21.
62	Factory modifications
Before making any modification to the factory, the licensee must—
	(a)	tell the chief executive, in writing, about the proposed modification; and
	(b)	give the chief executive an assessment of the effect of the modification.
Division 2.4.5	Central mixing points
63	Application of div 2.4.5
This division applies if a manufacturing licence authorises the manufacture of explosive mixtures at a central mixing point.
64	Meaning of explosive mixture controller for div 2.4.5
In this division:
explosive mixture controller means a person controlling or managing the process of making an explosive mixture. 
65	General restrictions
	(1)	Explosive mixtures must, as far as practicable, be manufactured at or near the place where they are to be used.
	(2)	Explosive mixtures must not be manufactured with a combustible component in a powder form that can cause a dust explosion at the place where the mixture is manufactured.
	(3)	No more than the quantity of explosive mixtures that can be used or loaded into blast holes on the day of manufacture may be manufactured under the licence, unless the excess is stored under regulation 76.
66	Premises and equipment requirements
The following must be constructed in accordance with AS 2187.2:
	(a)	buildings or other structures in or on which an explosive mixture is to be manufactured;
	(b)	mixing appliances and associated equipment used for the manufacture of an explosive mixture.
67	Components to be kept in marked containers
Containers of components of explosive mixtures must be clearly and conspicuously marked with the name of the contents.
68	Warning notice
An explosive mixture controller must ensure that when the mixture is being made a notice showing the words set out in table 68.1, in conspicuous red letters on a white background, is prominently displayed—
	(a)	if the mixture is made in the open air—at the mixing point; or 
	(b)	if the mixture is made in or on a building or structure—outside every entrance to the building or structure.
Table 68.1	Text of notice
DANGER
EXPLOSIVES
NO SMOKING OR FLAME
69	Other people to keep clear
	(1)	An explosive mixture controller must ensure that no-one enters or stays within 10m of the place where the explosive mixture is being made except a person involved in making the mixture.
	(2)	A person who is not involved in the process of making an explosive mixture commits an offence if the person fails to comply with a reasonable requirement made by an explosive mixture controller in carrying out the controller’s duty under subregulation (1).
Maximum penalty:  30 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
	(4)	In this regulation:
person involved, in making an explosive mixture, includes a person making, carrying or using the mixture.
70	Other explosives to be kept away
A person making an explosive mixture must ensure that any detonator, primer, detonating cord or other explosive (except any explosives necessarily in a blast hole) is stored in a securely closed receptacle at least 10m away from the central mixing point.
71	Fire sources to be kept away
	(1)	An authorised person must not introduce, or allow someone else to introduce, within 10m of any place where an explosive mixture is present or is being made—
	(a)	a source of ignition; or 
	(b)	a flammable liquid or gas or readily combustible substance or material.
	(2)	Subregulation (1) does not apply to an ignition source needed to fire the charge, if all of the explosive mixture is in a blast hole.
	(3)	Subregulation (1) (b) does not apply in relation to—
	(a)	a substance or material that is a component of the mixture being made; or 
	(b)	fuel in the fuel tank of a diesel engine.
	(4)	In subregulation (1):
authorised person means any of the following:
	(a)	a licensee; 
	(b)	an explosive mixture controller; 
	(c)	a person making the explosive mixture;
	(d)	a person authorised by someone mentioned in paragraph (a), (b) or (c) to be at premises where the explosive mixture is being made.
72	Fire precautions at central mixing point
	(1)	The fire prevention measures required by AS 2187.2 must be taken in relation to central mixing points, subject to subregulation (2).
	(2)	The minimum distance for any distance standard prescribed by AS 2187.2 is 10m.
73	Disposal of spills and packaging
An explosive mixture controller must ensure that—
	(a)	any spillage of the explosive mixture, or an intended component of the mixture, is cleaned up promptly and disposed of safely; and
	(b)	any waste packaging of components or equipment used in the process of making the mixture is removed promptly and disposed of safely.
74	Cleaning of equipment—general
Equipment (including mixers, receptacles and tools) used to make an explosive mixture must be left free of the mixture as far as practicable with the following objects:
	(a)	any residual trace of the mixture left on equipment used to make the mixture must not be capable of initiating or contributing to an explosion;
	(b)	there must be no risk to any possible later user of the equipment.
75	Cleaning of equipment before repairs
	(1)	This regulation applies if a repair or alteration is to be made to—
	(a)	any equipment (for example, mixers, receptacles and tools) that has come into contact with an explosive mixture; or
	(b)	any premises where an explosive mixture is or has been stored.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If the repair or alteration will require the use of a potential source of heat, flame or sparks (for example, welding, cutting or grinding equipment)—
	(a)	the explosive mixture must be moved to a safe place; and
	(b)	any residual trace of the explosive mixture must be removed before the repair or alteration begins.
	(3)	In this regulation:
explosive mixture includes a component of an explosive mixture. 
76	Storage of unused explosive mixtures
If an explosive mixture cannot be used or loaded into a blast hole on the day it is made, the mixture must be—
	(a)	put in containers or packages that are—
	(i)	constructed of material that is compatible with the mixture;
	(ii)	closed, clean, non-metallic and leakproof; and
	(iii)	conspicuously labelled ‘EXPLOSIVE MIXTURE’; and
	(b)	kept in a magazine for which a licence is in force until the mixture can be used; and 
	(c)	used as soon as practicable.
77	Separation distances for central mixing points
	(1)	The separation distances required by AS 2187.1 must be maintained between the central mixing point and any of the following on the licensed premises:
	(a)	magazines;
	(b)	process buildings;
	(c)	protected works;
	(d)	vulnerable facilities.
Note	In applying AS 2187.1:
·	reg 16 must be used to work out the collective hazard division of explosives that are stored together instead of the approach set out in the standard itself
·	a reference to NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including packaging)—see reg 21.
	(2)	For working out the separation distances required by the standard between the central mixing point and a magazine or other building containing explosives, a reference to the quantity of the explosives is taken to be a reference to the greater of the following:
	(a)	the maximum quantity of explosives that can be stored in the magazine or other building containing explosives;
	(b)	the total of the maximum quantity of explosive mixture that can be present, and half of the maximum quantity of ammonium nitrate that can be present, at the central mixing point.
	(3)	For working out separation distances between the central mixing point and protected works or vulnerable facilities, the quantity is the total of the maximum quantity of explosive mixture that can be present, and half of the maximum quantity of ammonium nitrate that can be present, at the central mixing point.
Division 2.4.6	ANFO manufacture
78	Application of div 2.4.6
	(1)	This division applies if a manufacturing licence authorises the manufacture of ANFO, whether at a central mixing point or elsewhere.
	(2)	A requirement under this division is in addition to any other requirement under these regulations.
	(3)	However, if a requirement under this division is inconsistent with another requirement under these regulations, the requirement under this division prevails.
79	Compliance with AS 2187.2
ANFO must be manufactured in accordance with AS 2187.2.
80	Separation distances for ammonium nitrate stores
	(1)	The separation distances required by AS 2187.1 must be maintained between any of the following on the premises where explosives are likely to be present and each ammonium nitrate store:
	(a)	magazines;
	(b)	central mixing points;
	(c)	process buildings.
Note	In applying AS 2187.1:
·	reg 16 must be used to work out the collective hazard division of explosives that are stored together instead of the approach set out in the standard itself
·	a reference to NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including packaging)—see reg 21.
	(2)	For working out the separation distances required by the standard between a central mixing point and an ammonium nitrate store, a reference to the quantity of the explosives is taken to be a reference to the greater of the following:
	(a)	the maximum quantity of explosives that can be present at the central mixing point;
	(b)	half the quantity of ammonium nitrate that can be present at the central mixing point.
Division 2.4.7	Mobile manufacturing units
81	Application of div 2.4.7
This division applies if a manufacturing licence authorises the manufacture of an explosive mixture using a mobile manufacturing unit.
82	Requirements for mobile manufacturing units
	(1)	A mobile manufacturing unit must comply with the requirements of AS 2187.2.
	(2)	A mobile manufacturing unit transporting explosives must be marked as required by the Australian Explosives Code.
83	Operator to stop system
A person who operates the processing equipment of a mobile manufacturing unit must ensure that control of the operation is not left unattended while the processing equipment is operating.
Division 2.4.8	Filling or capping safety cartridges other than at a factory—commercial purposes
84	Application of div 2.4.8
This division applies if a manufacturing licence authorises the manufacture of an explosive by filling or capping safety cartridges for commercial purposes other than at a factory.
85	Commercial filling or capping
Anyone filling or capping safety cartridges under the authority of the licence must comply with the following requirements:
	(a)	the filling and capping process must be carried out safely;
	(b)	no other activities that may adversely affect the safety of the filling and capping process are to be conducted near to the process;
	(c)	any propellant stored in the room being used in the filling and capping process must be isolated from the operation and any source of ignition;
	(d)	any propellant being directly used for the filling and capping process must not be exposed unnecessarily and must not be exposed to a source of ignition;
	(e)	the quantity of propellant present must be no greater than is reasonably necessary for the process;
	(f)	a person who takes part in the filling or capping process or the handling of cartridges must wear clothing and footwear that does not contribute to the accidental initiation of explosives used in the process;
	(g)	flammable liquids and gases, combustible liquids and other combustible materials must be isolated, as far as practicable, from the filling and capping process; 
	(h)	when the filling operation is completed the equipment used in the operation must be cleaned, and any spills of propellant must be removed and disposed of safely.
Division 2.4.9	Filling or capping safety cartridges—non-commercial purposes
86	Application of div 2.4.9
This division applies if an individual fills or caps safety cartridges for a purpose other than a commercial purpose.
87	Only authorised explosives to be used
	(1)	The individual must not fill a safety cartridge with an explosive other than an authorised explosive.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
88	Application of commercial filling or capping requirements
	(1)	The individual must not cap or fill safety cartridges other than in accordance with the requirements stated in regulation 85 (a) to (h).
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.

Part 2.5	Importing explosives
Division 2.5.1	Interpretation
89	Meaning of import licence
In these regulations:
import licence means a licence issued for this part authorising the import of explosives.
Note 1	Licences are issued under the Act (see the Act, dict, def licence).
Note 2	Import (of a dangerous substance) is defined in the Act, dict to mean import into the ACT. Explosives are dangerous substances.
Division 2.5.2	Import licences
90	Authority to import explosives
A person is authorised to import an explosive if—
	(a)	the person holds an import licence authorising the import of the explosive; or
	(b)	regulation 91 applies to the import.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who imports an explosive without authorisation may commit an offence against the Act, pt 5.1.
91	Explosives for which no import licence required
	(1)	This regulation only applies to authorised explosives.
	(2)	The import of the following explosives is authorised for regulation 90 (b):
	(a)	distress signals, if they are imported as part of the necessary safety equipment of a vehicle;
	(b)	safety cartridges;
	(c)	safety fuse;
	(d)	starting pistol caps;
	(e)	general use fireworks;
	(f)	any other explosive declared, in writing, by the Minister.
	(3)	Also, the import of black powder is authorised for regulation 90 (b) if—
	(a)	the importer is an individual; and
	(b)	the import is for personal use by the importer; and
	(c)	the importer—
	(i)	holds a licence under the Firearms Act 1996; and
	(ii)	is a member of an approved hunting or shooting club; and
	(iii)	intends to use the black powder in a competition, or training for a competition, conducted by an approved hunting or shooting club; and
	(iv)	keeps a written record of the amount of black powder brought into the ACT, the amount used and any amount exported from the ACT at the end of the competition or training; and
	(d)	the total amount of black powder imported for the competition or training is less than 1kg.
	(4)	A declaration under subregulation (1) (f) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(5)	In this regulation:
approved hunting or shooting club means a hunting or shooting club approved under the Firearms Act 1996.
92	Person in control of import—Act, s 17 (1) (e)
For the Act, the holder of an import licence is a person in control of all of the following in relation to the import of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	any premises where the explosive is stored by the licensee after import;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance. 
93	Reasonable steps for import—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the import of an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to the import.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
94	Import licence applications—Act, s 50 (2)
An application for an import licence must include the following information and documents:
	(a)	the name and address of the applicant;
	(b)	the address of premises where the imported explosives are to be stored;
	(c)	documentation describing a safety management system for the import, including, for example, safe handling, emergency and security procedures for the explosives;
	(d)	the purpose of the import, including the earliest proposed date for the import of explosives under the licence;
	(e)	for each kind of explosive to be imported—
	(i)	the product name, UN number and packing group; or
	(ii)	the authorisation number;
	(f)	any other information or documents required by a form for the application approved under the Act, section 222.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
95	Import licence conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each import licence:
	(a)	only authorised explosives may be imported under the licence; 
	(b)	the licensee must establish and maintain a safety management system for the import of explosives under the licence; 
	(c)	at any person’s request, the licensee must provide the person with a safety data sheet for any explosives imported under the licence;
	(d)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the import of explosives under the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
	(2)	Subregulation (1) (c) takes effect 12 months after the day on which this regulation commences.
	(3)	Subregulation (2) and this subregulation expire 12 months after the day on which this regulation commences.
Division 2.5.3	Import conditions
96	Notice of import
	(1)	The holder of an import licence must give the chief executive notice of the licensee’s intention to import explosives.
	(2)	However, notice need not be given for the import of an explosive—
	(a)	mentioned in table 96.1, column 2 for an amount less than the quantity stated in column 3; or
	(b)	if the explosive is imported by a shotfirer who—
	(i)	operates in the ACT; and
	(ii)	had taken the explosives out of the ACT for use in a blasting operation; and
	(iii)	is importing the explosives not used in the operation.
	(3)	The notice must be given no later than 2 business days before the day when the explosives are to arrive in the ACT.
	(4)	The notice must include the following information and documents:
	(a)	the name and licence number of the licensee;
	(b)	the intended date of import of the explosives;
	(c)	the name and authorisation number, and classification assigned on authorisation of the explosives;
	(d)	the details of each kind of explosive imported, as follows:
	(i)	if the explosives are in a package containing only a single kind of explosive—the weight of each individual package and the number of packages;
	(ii)	if the import is in bulk—the quantity of the explosive;
	(iii)	if the import is in a package containing different kinds of explosive—the quantity of each kind of explosives (by weight or numbers of articles, or both);
	(e)	the name of the intended recipient of the explosives (if different from that of the licensee); 
	(f)	the address of the place where the explosives are to be stored in the ACT (if different from that stated in the licence);
	(g)	any other information or documents required by a form for the notice approved under the Act, section 222.
Table 96.1	Notifiable imports
column 1
item	column 2
explosive	column 3
minimum amount requiring notice	
1	propellant gunpowder of classification code 1.1D	5kg	
2	propellants of classification code 1.3C	20kg 	
3	distress signals of classification code 1.3G	5kg 	
4	distress signals of classification code 1.4G	10kg	
5	distress signals of classification code 1.3G and 1.4G	10kg in total, not more than 5kg of which can be classification code 1.3G	
6	fuse lighters of classification code 1.4G	10kg	
7	primers or percussion caps of classification code 1.4S	10 000 in number	
8	airbag inflators, airbag modules, or seat belt pretensioners, of hazard division 1.4 that are not installed in vehicles or in completed vehicle components. 	10kg	
97	Import records
	(1)	The holder of an import licence must make a record of all explosives imported into the ACT under the licence.
	(2)	The licensee must keep each record for at least 3 years after the day of the import, whether or not the licence continues in force for that period.
Maximum penalty:  20 penalty units.
	(3)	An offence against this regulation is a strict liability offence.

Part 2.6	Carrying explosives
Note	If these regulations require an explosive to be carried in a particular way, and a person carrying the explosive does not comply with that requirement, the person may commit an offence against the Act, s 80 (Unauthorised carrying of certain dangerous substances).
Division 2.6.1	Preliminary
98	Application of pt 2.6
	(1)	This part applies to the carrying of explosives by road or rail.
	(2)	However, this part does not apply to the carrying of an explosive by an inspector or police officer exercising a function under the Act.
	(3)	Until 12 months after the day this regulation commences—
	(a)	a requirement under this part that a person must hold an explosives driving licence or interstate explosives driving licence does not apply; and
	(b)	despite anything in this part, a person is taken to be authorised under regulation 107 to drive a vehicle carrying an explosive by road (in the ACT) whether or not the person holds an explosives driving licence or interstate explosives driving licence to drive the vehicle.
	(4)	Subregulation (3) and this subregulation expire 12 months after the day on which this regulation commences.
99	Carrying explosives—definitions
In these regulations:
carrying licence means a licence issued for this part authorising the carrying of explosives by road or rail.
Note 1	Licences are issued under the Act (see the Act, dict, def licence).
Note 2	Carry (a dangerous substance) is defined in the Act, dict to mean the moving of the substance by any means. Explosives are dangerous substances.
drive, in relation to a vehicle that is a trailer, includes drive a vehicle that is towing the trailer.
exempt carrier—see regulation 100.
explosives driving licence means a licence issued for this part authorising the driving of a vehicle to carry explosives.
Note	Licences are issued under the Act (see the Act, dict, def licence).
interstate explosives carrying authority, in relation to an explosive carried by road or rail, means a written authority (however called—for example a licence or permit) issued under a corresponding law that authorises the authority-holder to carry the explosive by road or rail.
interstate explosives driving authority, in relation to an explosive carried by road, means a written authority (however called—for example, a permit, or registration certificate) issued under a corresponding law that authorises the authority-holder to drive a vehicle carrying the explosive by road.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 2.6.2	Carrying licences
100	Authority to carry explosives by road
	(1)	A person may carry an explosive by road (in the ACT) only if—
	(a)	the person is authorised to do so under a carrying licence; or
	(b)	the person holds an interstate carrying licence that authorises the person to do so; or
	(c)	the person—
	(i)	drives a vehicle carrying the explosive by road (in the ACT); and
	(ii)	is authorised to carry the explosive by road in that vehicle (in the ACT or elsewhere) under an interstate explosives carrying authority; and
	(iii)	holds an explosives driving licence, or an interstate explosives driving licence, authorising the driving of that vehicle carrying the explosive by road (whether in the ACT or elsewhere); or
	(d)	the person (an exempt carrier)—
	(i)	carries a category 1 load of explosives; or
	(ii)	is authorised (otherwise than under a carrying licence) or permitted to handle the explosive under the Act (including these regulations).
Examples of authority or permission for par (d) (ii)
1	 An adult ACT resident who holds a consumer fireworks receipt is authorised under these regulations to possess and use the consumer fireworks mentioned in the receipt (see reg 294).
2	The handling of general use fireworks is permitted under the Act. There are no restrictions on handling general use fireworks apart from generalised safety duties under the Act relating to dangerous substances.
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A carrying licence that authorises the carrying of an explosive by road (in the ACT) authorises the carrying of the explosive by—
	(a)	the licensee; or
	(b)	an individual who—
	(i)	is engaged (as an employee or contractor) to carry the explosive by road under the supervision of the licensee; and
	(ii)	holds an explosives driving licence, or an interstate explosives driving licence, authorising the driving of a vehicle carrying the explosive.
Note 1	Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who carries an explosive without authorisation may commit an offence against the Act, pt 5.1.
Note 3	In addition to the requirements of this regulation in relation to the carrying (in general) of explosives, anyone driving a vehicle to carry explosives by road must have authority to do so (eg an explosives driving licence or an interstate explosives driving licence)—see reg 107.
	(3)	In this regulation:
category 1 load, of explosives, means a category 1 load of the explosives under the Australian Explosives Code.
Note	A category 1 load is a ‘low risk’ load under the code, table 2.1.
101	Authority for carrying explosives by rail
	(1)	A person may carry explosives by rail (in the ACT) only if—
	(a)	the person is authorised under a carrying licence to carry the explosives by rail (in the ACT); or
	(b)	the person is authorised under an interstate explosives carrying licence to carry the explosives by rail (in the ACT or elsewhere).
	(2)	A carrying licence that authorises the carrying of explosives by rail authorises the carrying of the explosives by—
	(a)	the licensee; and
	(b)	any individual engaged (as an employee or contractor) to carry the explosive by rail under the licensee’s supervision.
Note 1	Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who carries an explosive without authorisation may commit an offence against the Act, pt 5.1.
102	Engaging someone else to carry explosives
	(1)	A person must not engage someone else to carry an explosive by road or rail.
Maximum penalty:  30 penalty units.
	(2)	Subregulation (1) does not apply if the person whose services are engaged is authorised under regulation 100 or 101 to carry the explosive.
	(3)	An offence against this regulation is a strict liability offence.
103	Person in control of carrying explosive—Act, s 17 (1) (e)
For the Act, the holder of a carrying licence is a person in control of all of the following in relation to the carrying of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	any premises where the explosive is stored by the licensee for carrying;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
104	Reasonable steps for carrying explosives—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the carrying of an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to carrying the explosive.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
105	Carrying licence applications—Act, s 50 (2)
An application for a carrying licence must include the following information and documents:
	(a)	the name and address of the applicant;
	(b)	documentation describing a safety management system (including an emergency plan) for carrying explosives;
Example of other matters for inclusion in the safety management system
safe handling and security procedures for carrying explosives
	(c)	details of each vehicle to be used for carrying explosives, including the following:
	(i)	make;
	(ii)	model;
	(iii)	year of manufacture;
	(iv)	authorisation number;
	(v)	engine number;
	(vi)	carrying capacity;
	(d)	the type of fuel used by each vehicle;
	(e)	the category of load each vehicle can carry, and the modifications (or characteristics) of the vehicle that make it suitable for carrying that load;
	(f)	the hazard division, and maximum quantity for each division, of each explosive to be carried;
	(g)	details of training to be undertaken to comply with regulation 106 (1) (c);
	(h)	any other information or documents required by a form for the application approved under the Act, section 222.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
106	Carrying licence conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each carrying licence:
	(a)	only authorised explosives may be carried under the licence;
	(b)	the licensee must establish and maintain a safety management system (including an emergency plan) for the carrying of explosives under the licence;
	(c)	anyone who handles an explosive or another dangerous substance under the licence must have the appropriate skills and training for doing so, including training in the requirements of the Australian Explosives Code as applied for this part;
	(d)	the only vehicles that may be used for carrying explosives under the licence are approved vehicles;
	(e)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the carrying of explosives under the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
	(2)	In this regulation:
approved vehicle means a vehicle stated in the licence, or in an in interstate explosives carrying authority, that meets the requirements of the Australian Explosives Code in relation to the category of load (within the meaning of the code) carried by the vehicle.
Division 2.6.3	Explosives driving licences
107	Authority for driving vehicle carrying explosives
	(1)	A person may drive a vehicle carrying an explosive by road (in the ACT) only if—
	(a)	the person—
	(i)	is authorised to do so under a carrying licence or an interstate explosives carrying licence; and
	(ii)	holds an explosives driving licence or an interstate explosives driving licence authorising the person to do so; or
	(b)	the person—
	(i)	drives the vehicle carrying a category 2 load of explosives; and
	(ii)	is authorised to use the explosives under a blasting permit or a fireworks display permit; or
	(c)	the person is an exempt carrier.
Note 1	Explosives driving licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who drives a vehicle carrying an explosive without authorisation may commit an offence against the Act, pt 5.1.
	(2)	In this regulation:
category 2 load, of explosives, means a category 2 load of the explosives under the Australian Explosives Code.
Note	A category 2 load is a ‘moderate risk’ load under the code, table 2.1.
108	Engaging someone else to drive a vehicle carrying explosives
	(1)	A person commits an offence if the person—
	(a)	owns or controls a vehicle, and permits someone else (the driver) to drive the vehicle to carry an explosive; or
	(b)	engages someone else (the driver) to drive a vehicle to carry an explosive.
Maximum penalty:  30 penalty units.
	(2)	Subregulation (1) does not apply if the driver is authorised under regulation 107 to drive the vehicle carrying the explosive.
	(3)	An offence against this regulation is a strict liability offence.
109	Person in control of driving vehicle carrying explosives—Act, s 17 (1) (e)
For the Act, the holder of an explosives driving licence is a person in control of all of the following in relation to driving a vehicle carrying an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	the vehicle used for carrying the explosive;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
110	Reasonable steps for driving vehicle carrying an explosive—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from driving a vehicle carrying an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to driving the vehicle.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
111	Explosives driving licence applications—Act, s 50 (2)
An application for an explosives driving licence must include the following information and documents:
	(a)	the name, address and date of birth of the applicant;
	(b)	2 passport photographs of the applicant;
	(c)	a copy of a driver’s licence the applicant has held for the previous 12 months;
	(d)	details of the vehicle or vehicles that the applicant proposes to use to carry explosives;
	(e)	evidence that the applicant has had experience within the previous 12 months of driving a vehicle or vehicles of the kind or kinds in which explosives are to be carried under the licence;
	(f)	evidence that the applicant has satisfactorily completed a training course approved by the chief executive for a driver of a vehicle carrying explosives by road;
	(g)	evidence that the applicant has met the commercial vehicle driver medical standards required by Assessing Fitness to Drive, published by Austroads Inc.;
	(h)	evidence of the applicant’s driving history record as required by a form for the application approved under the Act, section 222;
	(i)	any other information or documents required by such a form.
112	Suitable people to hold explosives driving licences—Act, s 49 (1) (i)
	(1)	For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, an explosives driving licence include whether the person—
	(a)	is an individual who is at least 21 years old; and
	(b)	has held a driver licence for at least 12 months before the licence is issued; and
	(c)	continues to hold a driver licence after the licence is issued, without the licence being suspended or cancelled; and
	(d)	after the explosives driving licence is issued—is convicted or found guilty in the ACT or elsewhere of an offence involving a dangerous substance; and
	(e)	has been convicted or found guilty within the previous 5 years of a defined driving offence; and
	(f)	has a regular history over the previous 5 years of offences relating to driving vehicles; and
	(g)	has at least 12 months experience driving a vehicle or vehicles of the kind or kinds in which the explosives will be carried; and 
	(h)	meets the commercial vehicle driver medical standards required by Assessing Fitness to Drive, published by Austroads Inc.; and
	(i)	has demonstrated adequate knowledge of—
	(i)	the requirements of these regulations and the Australian Explosives Code (as applied by this part) that relate to the carrying of explosives by road; and 
	(ii)	the characteristics of explosives of the various hazard divisions; and
	(iii)	the precautions to be taken for the prevention of accidents in the carrying and associated handling of explosives; and 
	(iv)	the actions to be taken if an emergency happens involving explosives.
	(2)	A person satisfies the requirements of subregulation (1) (i) if the person has completed and passed a training course approved by the chief executive.
	(3)	In this regulation:
defined driving offence means an offence against any of the following provisions:
	(a)	the Road Transport (Alcohol and Drugs) Act 1977, part 3;
	(b)	the Road Transport (Safety and Traffic Management) Act 1999, section 6 (Negligent driving), section 7 (Furious, reckless or dangerous driving) or section 8 (Menacing driving);
	(c)	a provision of a law of the Commonwealth or a State that corresponds to a provision mentioned in paragraph (a) or (b).
Note	Additional criteria apply to the issue of the licence (see the Act, pt 4.2).
113	Explosives driving licence conditions—Act, s 53 (2) (b)
It is a condition of each explosives driving licence that the licensee complies with this part.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
114	Production of driving authority on request
	(1)	A person who drives a vehicle carrying an explosive must—
	(a)	carry the required authorisation at all times while driving a vehicle in the ACT carrying explosives; and
	(b)	produce the required authorisation for inspection if asked by an inspector or a police officer.
Maximum penalty:  10 penalty units.
	(2)	This regulation does not apply to an exempt carrier.
	(3)	An offence against this regulation is a strict liability offence.
	(4)	In this regulation:
required authorisation, for a person to carry and produce under this regulation, means—
	(a)	each of the following:
	(i)	an explosives driving authority, or an interstate explosives driving authority, that authorises the person to drive the vehicle carrying the explosive;
	(ii)	a carrying licence, or an interstate carrying authority, that authorises the carrying of the explosive, or a copy of such a licence or authority certified by the holder of the licence or authority as a true copy of the licence; or
	(b)	if the vehicle is carrying a category 2 load of explosives—
	(i)	the documents mentioned in paragraph (a); or
	(ii)	a licence authorising the person to use the explosives under a blasting permit or a fireworks display permit, or a copy of the licence certified by the licensee as a true copy of the licence.
Division 2.6.4	Australian Explosives Code—carrying and consignment
115	Australian Explosives Code—carrying explosives
	(1)	Explosives must be carried in accordance with the Australian Explosives Code.
	(2)	For the application of the code to this regulation, a vehicle carrying any quantity of explosives of classification code 1.1A must comply with the requirements of the code for carrying a category 3 load of explosives.
	(3)	The holder of a carrying licence must keep a copy of the shipping documentation required under the code in relation to the delivery of an explosive under the licence for 3 years after the day the explosive is delivered.
Maximum penalty:  20 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
	(5)	In this regulation:
category 3 load, of explosives, means a category 3 load of the explosives within the meaning of the Australian Explosives Code.
Note	A category 3 load is a ‘high risk’ load under the code, table 2.1.
116	Australian Explosives Code—consigning explosives
	(1)	A consignor of an explosive must comply with the Australian Explosives Code in relation to the consignment.
Examples of required compliance
1	The consignor must ensure that the shipping documentation for the explosive required by the code is completed as required (see the code, ch 4).
2	The consignor must ensure that the general duties of consignors prescribed by the code are complied with (see the code, s 8.3.2).
3	The consignor must ensure that the explosive is correctly packed and marked in accordance with the code before being loaded (see the code, ch 3 and ch 5).
4	The consignor must ensure that the driver of the vehicle that is to carry the explosive is provided with an emergency procedure guide appropriate to the kind of explosive (see the code, s 8.3.7).
	(2)	A person who drives a vehicle carrying an explosive consigned by the consignor must carry the shipping documentation required under the code.
	(3)	An offence against this regulation is a strict liability offence.
	(4)	In this regulation:
consignor—see the Australian Explosives Code, section 1.2.
Division 2.6.5	Road carrying conditions
117	Route and time restrictions
	(1)	The chief executive may, in writing, determine—
	(a)	routes by which, and the times at which, particular quantities or classification codes of explosives may be carried by road in the ACT; or
	(b)	routes by which, and times at which, particular quantities or classification codes of explosives must not be carried by road in the ACT.
	(2)	An determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	If the chief executive makes a determination, explosives may be carried by road only in accordance with the determination.
Division 2.6.6	Rail carrying conditions
118	Explosives held in rail yards or sidings
If a rail vehicle containing explosives is held at a rail yard or siding—
	(a)	the maximum amount of explosive of any hazard division, except hazard division 1.4, per vehicle must not exceed 40 000kg; and
	(b)	the explosives must not be kept in the rail yard or siding for longer than—
	(i)	48 hours over 2 consecutive business days; or 
	(ii)	if there is a weekend or public holiday within 48 hours after the explosives are first kept in the rail yard or siding—4 days.
119	Separation distances for explosives in rail yards or sidings
If a rail vehicle containing explosives is held at a rail yard or siding, the vehicle must be separated from any other vehicles containing explosives or placarded loads of other dangerous substances by the separation distances for the separation of rail vehicles required under the Australian Explosives Code.
120	Sources of ignition
	(1)	A person must not introduce a source of ignition onto a rail vehicle containing explosives.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.

Part 2.7	Storing explosives
Note	If these regulations require an explosive to be stored in a particular way, and a person storing the explosive does not comply with that requirement—
·	the explosive is not correctly stored for the Act, s 14 (1) (a)
·	if the person is in control of the manufacture, import or supply of the explosive, the person may commit an offence against the Act, s 26, 27 or 28, which impose safety duties in relation to dangerous substances (including explosives)
·	in addition, the person may commit an offence against the Act, pt 5.1.
Division 2.7.1	Preliminary
121	Application of pt 2.7 
	(1)	This part applies to the storage of explosives.
	(2)	However, this part does not apply to the storage of an explosive by an inspector or police officer exercising a function under the Act.
122	Storage definitions
In these regulations:
blasting and fireworks storage—see regulation 123.
combustible material means material (including flammable liquids and gases and combustible liquids) that can be ignited easily, and burns strongly.
exempt storage—see regulation 124.
licensable storage, of an explosive, means—
	(a)	for an explosive mentioned in table 123.1 (blasting and fireworks storage)—storage of the explosive other than blasting and fireworks storage or exempt storage; or
	(b)	for an explosive mentioned in table 124.1 (exempt storage)—storage of the explosive other than blasting and fireworks storage or exempt storage; or
	(c)	for any other explosive—storage of any quantity of the explosive.
licensed storage place means a building, room or receptacle on the licensed premises where explosives are authorised to be stored under a storage licence.
magazine means a store used exclusively for keeping explosives, including the following (if used in that way):
	(a)	a building or other premises;
	(b)	a receptacle, whether or not it is portable or relocatable.
Note	Adapted from the definition in AS 2187.0, which is the applicable definition for AS 2187.1. Certain aspects of AS 2187.1 are applied by this part (see div 2.7.3).
magazine area—see regulation 132.
portable magazine means an external portable magazine or an internal portable magazine within the meaning of AS 2187.0.
Note	For the definitions of external portable magazine and internal portable magazine in AS 2187.0, see the definition of magazine in that standard. Those definitions only include portable magazines constructed in accordance with AS 2187.1, s 2.2.
special portable magazine storage—see regulation 157.
storage licence means a licence issued for this part authorising the storage of explosives.
Note	Licences are issued under the Act (see the Act, dict, def licence).
123	Meaning of blasting and fireworks storage
In these regulations:
blasting and fireworks storage, of an explosive mentioned in table 123.1, means storage of the explosive, if—
	(a)	any storage licence exemption condition mentioned in the table for the explosive applies; and
	(b)	the quantity stored is no greater than the quantity mentioned in the table for the explosive.
Table 123.1	Blasting and fireworks storage
column 1
item	column 2
explosives	column 3
storage licence exemption conditions	column 4
maximum quantity 	
1	explosives of classification code 1.1D or 1.5D (including water gels, emulsions, nitrate mixtures and boosters)	storage authorised by blasting permit	30kg	
2	detonating cord of classification code 1.1D	storage authorised by blasting permit	1 000m	
3	gunpowder for blasting of classification code 1.1D	storage authorised by blasting permit	20kg	
4	detonators of classification code 1.1B or 1.4B	storage authorised by blasting permit	500 in number	
5	fireworks (any kind)	storage authorised by fireworks display permit	maximum quantity permitted under the permit	
6	fuse lighters of classification code 1.4G	storage authorised by blasting permit	5kg	
7	plastic igniter cord of classification code 1.4G	storage authorised by blasting permit	5 000m	
8	consumer fireworks	storage authorised by consumer fireworks licence	200kg	
9	consumer fireworks	storage for personal use in accordance with regulation 296	25kg	
10	explosives of hazard division 1.4, if not otherwise mentioned in this table	storage authorised by blasting permit	50kg	
11	explosives of hazard division 1.6	storage authorised by blasting permit	50kg	
124	Meaning of exempt storage
In these regulations:
exempt storage, of an explosive mentioned in table 124.1, means storage of the explosive if—
	(a)	any storage licence exemption condition mentioned in the table for the explosive applies; and
	(b)	the quantity stored is no greater than the quantity (if any) mentioned in the table for the explosive.
Table 124.1	Exempt storage
column 1
item	column 2
explosives	column 3
storage licence exemption conditions	column 4
maximum quantity 	
1	propellant gunpowder of classification code 1.1D	storage for personal use	2kg	
2	propellants of classification code 1.3C	storage for personal use	10kg	
3	distress signals of classification code 1.3G, if unaccompanied by distress signals of classification code 1.4G	storage for emergency use	2kg	
4	distress signals of classification code 1.4G, if unaccompanied by distress signals of classification code 1.3G, and if stored for emergency use	storage for emergency use	5kg	
5	distress signals of classification code 1.4G and 1.3G, stored together, and if stored for emergency use	storage for emergency use	5kg in total, including not more than 2kg of classification code 1.3G	
6	safety cartridges of classification code 1.4S, other than ammunition	storage for personal use	10 000 in number	
7	primers or percussion caps of classification code 1.4S	storage for personal use	10 000 in number	
8	safety fuse of classification code 1.4S	storage for personal use	350m	
9	airbag inflators, airbag modules and seat belt pretensioners, of hazard division 1.4	if incorporated into completed vehicle components	unlimited	
10	model rocket motors of hazard division 1.4 that each—
(a)	contain leass than 62.5g of propellant; and
(b)	have a capacity for generating a total impulse of no more than 80N	storage for personal use	5kg	
11	sparklers	storage for personal use	10kg	
12	general use fireworks other than sparklers	storage for personal use	unlimited	
Division 2.7.2	Storage licences
125	Authority to store explosives
	(1)	A person may store an explosive only if—
	(a)	for a licensable quantity of the explosive—the person is authorised under a storage licence to store the explosive; or
	(b)	the storage is blasting and fireworks storage; or
	(c)	the storage is exempt storage.
Note	The following regulations apply to blasting and fireworks storage otherwise than under a storage licence:
·	div 2.9.6 (On-site storage by shotfirers)
·	div 3.3.7 (Storage of consumer fireworks under consumer fireworks licence)
·	reg 296 (User storage of consumer fireworks)
·	reg 329 (On-site storage—outdoor displays).
	(2)	A storage licence authorises the storage of the explosive—
	(a)	by the licensee; and
	(b)	by the licensee, on behalf of a person who owns or controls the explosive, with the written permission of the licensee.
Note 1	Storage licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who stores an explosive without authorisation may commit an offence against the Act, pt 5.1.
126	Person in control of storing explosives—Act, s 17 (1) (e)
For the Act, the holder of a storage licence is a person in control of all of the following in relation to the storage of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	the premises where the explosive is stored;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
127	Reasonable steps for storage—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the storage of an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to the storage.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
128	Storage licence applications—Act, s 50 (2)
	(1)	An application for a storage licence must include the following information and documents:
	(a)	the name and address of the applicant;
	(b)	the address of the premises where the explosives are to be stored;
	(c)	documentation describing a safety management system (including an emergency plan) for the storage of explosives at the premises;
	(d)	a scale plan of the premises showing the defined details;
	(e)	a description of each magazine to be used to store explosives, including the type of magazine as described in AS 2187.1;
	(f)	drawings and specifications showing construction details of each magazine;
	(g)	details of applicable separation distances enabling compliance with regulation 135 (Separation distances for magazines) to be established;
	(h)	for each kind of explosive to be stored in each magazine—
	(i)	the product name, UN number and classification code; or
	(ii)	the authorisation number;
	(i)	the maximum quantity of each kind of explosive to be stored in each magazine;
	(j)	the purpose of storage;
	(k)	the product name, UN number, classification code, packaging group and maximum quantity for each kind of dangerous substance (other than explosives) to be stored on the premises;
	(l)	for any external magazine (whether portable, relocatable or permanent) details of the following:
	(i)	any mounding;
	(ii)	any lightning protection;
	(iii)	any fencing;
	(m)	details of signage for each magazine and any fencing or building in which the magazine is contained;
	(n)	details of security arrangements;
	(o)	any other information or documents required by a form for the application approved under the Act, section 222.
	(2)	In this regulation:
defined details, for a scale plan of the premises where the explosives are to be stored, means the following:
	(a)	the boundaries of the premises and the nature of any fencing;
	(b)	the location of all buildings and structures on the premises and their uses, including details of quantities of explosives and any other dangerous substances that may be present there;
	(c)	the location of each magazine or other storage facility for explosives and other dangerous substances;
	(d)	details of applicable separation distances for explosives and dangerous substances;
	(e)	any protected works within the separation distances;
	(f)	the location of services and utilities, including generation or distribution areas, and underground pipes and infrastructure;
	(g)	details of all internal roads and points of entry into, and exit from, the premises;
	(h)	the locations of all fire protection devices, including any automatic fire-sprinkler systems, fire hydrants, fire hose reels and portable fire-extinguishers.
129	Storage licence conditions—Act, s 53 (2) (b)
The following conditions apply to each storage licence:
	(a)	only authorised explosives may be stored under the licence;
	(b)	the licensee must establish and maintain a safety management system, including an emergency plan, for the storage of explosives under the licence;
	(c)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the storage of explosives under the authority of the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
130	Storage records
	(1)	A person who holds a storage licence must, for each magazine used for storage of explosives under the licence—
	(a)	make a record of the storage of an explosive in the magazine that complies with subregulation (2); and
	(b)	while explosives are stored in the magazine under the licence—maintain an accurate inventory of the contents of the magazine.
	(2)	The record must include the following information, for each explosive:
	(a)	either—
	(i)	the product name, UN number and classification code; or
	(ii)	the authorisation number;
	(b)	the date of storage;
	(c)	the name of the person from whom the explosive was received;
	(d)	the number of the licence under the authority of which the person held the explosive;
	(e)	the date the explosive was removed from the magazine;
	(f)	the reason for removal.
Examples of reasons
1	use
2	supply
3	disposal
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The licensee must keep a record made under this regulation of the storage of an explosive for at least 3 years after the date of storage, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
Division 2.7.3	Licensable storage—magazines
131	Application of div 2.7.3
This division applies to the licensable storage of explosives in a magazine under a storage licence.
132	Meaning of magazine area
In these regulations:
magazine area means a site where there are 2 or more magazines to which this division applies.
133	Requirement for storage in magazine
If an explosive is subject to licensable storage, the explosive must be stored in a magazine in accordance with this division.
134	Licensable storage—notice to fire authorities
	(1)	The licensee must give written notice of the following information to the fire commissioner or the chief fire control officer, whichever is appropriate, as soon as practicable after the licence is issued, renewed or amended:
	(a)	a copy of the licence;
	(b)	a site plan showing the location of the magazine.
	(2)	If the licence is cancelled or otherwise ceases to be in force, the former licensee must give written notice of the cancellation or cessation to the fire commissioner or the chief fire control officer, whichever is appropriate, within 7 days after—
	(a)	the day of the cessation; or
	(b)	if the licence is cancelled—the day the former licensee is told about the cancellation.
Maximum penalty:  20 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
135	Separation distances for magazines
	(1)	The separation distances required by AS 2187.1 must be maintained between the magazine and any of the following:
	(a)	other magazines; 
	(b)	other buildings on the premises;
	(c)	protected works;
	(d)	vulnerable facilities.
Note 1	AS 2187.1, table 3.2.3.2 sets out the separation distances that are applied by this regulation.
Note 2	In applying AS 2187.1:
·	reg 16 must be used to work out the collective hazard division of explosives that are stored together instead of the approach set out in the standard itself
·	a reference to NEQ of an explosive is taken to be a reference to the gross quantity of the explosive (including packaging)—see reg 21.
	(2)	In the application of AS 2187.1 under subregulation (1), a reference in AS 2187.1 to the quantity of an explosive is taken to be a reference to—
	(a)	for a reference to the lowest quantity stated in AS 2187.1—any lesser quantity of the explosive; and
	(b)	for a reference to a higher quantity stated in AS 2187.1—a quantity of explosive equal to or greater than the next lowest stated quantity but less than the higher quantity.
Examples
The lowest quantity mentioned in AS 2187.1 of an explosive is 50kg. The next 2 higher quantities mentioned are 100kg and 200kg.
1	The separation distances set out in AS 2187.1 for explosives of 50kg apply under this regulation to all quantities of the explosive that are less than 50kg.
2	The separation distances set out in the standard for explosives of 100kg apply under this regulation to all quantities of explosive that are equal to or greater than 50kg but less than 100kg.
3	Similarly, the separation distances set out in the standard for explosives of 200kg apply under this regulation to all quantities of explosive that are equal to or greater than 100kg but less than 200kg.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Subregulation (1) does not apply—
	(a)	to an annexe to the magazine in which detonators are stored if—
	(i)	there are no more than 50 000 detonators in the annexe; and
	(ii)	the distance between the annexe and any magazine is in accordance with the requirements stated in AS 2187.1 for separation distances between premises used for the storage of detonators and premises used for storing other explosives; or
	(b)	to an annexe to the magazine if—
	(i)	the magazine is used for the packing of fireworks; and
	(ii)	there are no more than 200kg of fireworks in the annexe; or
	(c)	to special portable magazine storage under division 2.4.7.
	(4)	Despite AS 2187.1, the separation distance for any quantity of explosive of hazard division 1.4 is 25m from process buildings and protected works.
136	Construction of magazines
The magazine must be sited, designed and constructed in accordance with AS 2187.1.
Note	AS 2187.1 sets out general requirements for magazine siting, design and construction, together with specific requirements for different kinds of magazine, including portable magazines, relocatable magazines and fixed or permanent magazines (above and below ground).
137	Mounding for above-ground magazines
	(1)	If mounding is used for an above-ground magazine, the mounding must be constructed in accordance with AS 2187.1.
Note	See AS 2187.1, s 2.1.1.4 and appendix B.
	(2)	However, mounding may be constructed otherwise than in accordance with AS 2187.1, if constructed taking into consideration the following matters:
	(a)	the potential blast and fragmentation loading from the magazine;
	(b)	the interaction of that loading with the materials of construction of the mound;
	(c)	the need to avoid the projection of any resulting fragmentation beyond the applicable separation distances.
138	Lightning protection
An above-ground magazine must be provided with lightning protection in accordance with the requirements of AS 2187.1.
Note	See AS 2187.1, s 2.1.5.
139	Security fencing for above-ground magazines
	(1)	This regulation applies if the explosives are stored in—
	(a)	an above-ground magazine; or
	(b)	2 or more above-ground magazines in a magazine area.
	(2)	The magazine or magazine area must be surrounded by a security fence.
	(3)	The security fence must be constructed in accordance with AS 2187.1.
Note	See AS 2187.1, s 2.1.1.5 and appendix C.
	(4)	This regulation does not apply to an internal portable magazine within the meaning of AS 2187.0.
140	Magazine markings
The magazine must be marked in accordance with AS 2187.1.
Note	See AS 2187.1, s 2.1.3.
141	Storage of explosives and essential articles only
	(1)	The magazine must not contain anything except explosives and any articles required to be kept by this division.
	(2)	So far as necessary, the following articles may be stored in a designated area of the magazine:
	(a)	footwear, tools or implements for work connected with the storage of explosives in the magazine, or with the opening of packages of explosives;
	(b)	materials connected with the making up of loads for packaging explosives.
142	Storage of more than single compatibility group
	(1)	Explosives must be stored in the magazine in accordance with the following requirements:
	(a)	detonators and capped fuses must be stored in a magazine or annexe that does not contain anything else;
	(b)	the magazine or annexe must not contain explosives of more than a single compatibility group.
	(2)	However—
	(a)	explosives from different compatibility groups may be stored together in accordance with AS 2187.1; and
Note	See AS 2187.1, s 3.1.2.
	(b)	explosives which are ammonium nitrate-based must not be stored with chlorate-based explosives.
143	General operational requirements
The magazine, and the area (including any mounds) surrounding the magazine, must be managed, operated, and maintained in accordance with AS 2187.1.
144	Packaging of explosives
Explosives in the magazine must be—
	(a)	for an explosive mixture to which regulation 76 (Storage of unused explosive mixtures) applies—stored in accordance with that regulation; or
	(b)	in any other case—packed in accordance with part 2.3.
145	Defective explosives or packages
	(1)	As soon as practicable after the discovery of defective explosives in the magazine, the explosives must be—
	(a)	removed from the magazine; and
	(b)	disposed of in accordance with part 2.10 (Disposal of explosives).
	(2)	As soon as practicable after the discovery of a defective package of explosives in a magazine—
	(a)	the package must be removed from the magazine; and
	(b)	the explosives must be repacked.
146	Requirement for materials handling equipment
Materials handling equipment, including forklifts, lifting appliances, pumps and other equipment that is used in the magazine, must comply with, and be operated in accordance with, AS 2187.1.
Note	See AS 2187.1, s 4.5.
147	Emergency management
	(1)	If there is an emergency mentioned in AS 2187.1 that affects explosives stored in the magazine—
	(a)	the requirements of that standard must be complied with; and
	(b)	the licensee’s emergency plan must be complied with, unless it is inconsistent with the requirements of the standard.
Note	See AS 2187.1, s 5, which deals with emergency procedures in the event of thunderstorm, dust storm, theft and fire.
	(2)	However, subregulation (1) (b) does not apply if division 2.7.4 (Special portable magazine storage) applies to the storage of the explosives.
	(3)	Appropriate firefighting equipment must be—
	(a)	provided for the magazine; and
	(b)	maintained in good condition and working order; and 
	(c)	available for immediate use.
148	Additional fire precautions for magazine areas
	(1)	This regulation applies if the magazine is in a magazine area.
	(2)	A person must not bring matches, cigarette lighters or any other source of ignition into the magazine area.
Maximum penalty:  30 penalty units.
	(3)	A person must not smoke in the magazine area.
Maximum penalty:  30 penalty units.
	(4)	A person must not bring a vehicle into the magazine area except for—
	(a)	loading or unloading explosives as required by the licensee; or
	(b)	parking at a place authorised by the licensee; or
	(c)	security patrols authorised by the licensee; or
	(d)	inspection by an inspector.
Maximum penalty:  30 penalty units.
	(5)	The magazine area must be kept free from combustible or flammable materials (including any rubbish).
	(6)	Dry grass and other vegetation in the magazine area must be controlled to prevent or minimise the risk of a fire spreading within the area.
	(7)	An offence against this regulation is a strict liability offence.
149	Security
	(1)	The licensee must—
	(a)	ensure that the magazine is kept securely locked, except when it is required to be open for purposes relating to its use or management; and
	(b)	ensure that the keys to the magazine and to the magazine area are at all times in the licensee’s custody (or in the custody of a person authorised by the licensee); and
	(c)	if asked, give the keys to an inspector or police officer exercising a function under the Act.
	(2)	A person commits an offence if—
	(a)	the keys to a magazine are in the person’s custody; and
	(b)	an inspector or police officer exercising a function under the Act asks the person to give the keys to the inspector or officer; and
	(c)	the person fails to give the keys to the inspector or officer.
Maximum penalty:  30 penalty units.
	(3)	A person commits an offence if—
	(a)	the person enters a magazine or a magazine area; and
	(b)	the person is not authorised to do so by the licensee or a person controlling or managing the magazine or area; and
	(c)	the person is not an inspector or police officer.
Maximum penalty:  30 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
150	Notices to be posted in magazines
A notice that states the kinds and quantities of explosives that are licensed to be stored in the magazine and any annexe must be posted on the inside of the entrance to, or lid of, the magazine.
151	Number of persons present at a magazine
The number of people present at the magazine and any annexe at any particular time must be kept to a minimum.
152	Night work at magazines
	(1)	Explosives must not be placed in, or removed from, the magazine outside daylight hours unless the magazine is lit by—
	(a)	electric lighting that complies with AS 2187.1; or 
	(b)	a hand-held flameproof torch.
Note	See AS 2187.1, s 2.1.4.
	(2)	This regulation applies to an underground magazine at all times.
153	Storage in portable magazines—general requirements 
	(1)	Licensable storage in a portable magazine at a licensed storage place must comply with the following requirements:
	(a)	the storage place must be—
	(i)	detached from any building where people live; and
	(ii)	not accessible to the public; and
	(iii)	used exclusively for the storage of explosives; and
	(iv)	kept securely locked, except when required to be open for purposes relating to its use or management;
	(b)	the explosives must be stored as far away as is practicable from the entry points of the storage place;
	(c)	the entry to the storage place must be kept clear at all times;
	(d)	the floor and other parts of the storage place must be kept clean and free of extraneous materials;
	(e)	explosives of compatibility group B (other than detonators) must be kept in a separate storage place located at least 3m away from any other explosives.
154	Maintenance on rooms or buildings where explosives are stored
	(1)	If maintenance, renovation, repairs, or reconstruction, (maintenance work) is to be carried out on a room or building that is a licensed storage place, all explosives must be removed while the maintenance work is carried out.
	(2)	Subregulation (1) does not apply if the chief executive gives written approval for the maintenance work to be carried out while the explosives remain in the room or building.
	(3)	A decision of the chief executive to refuse a request for approval is a reviewable decision for the Act, section 186.
	(4)	The person requesting approval is prescribed for the Act, section 187 (Notice of reviewable decisions).
Note	The effect of this regulation is to make the decision reviewable by the AAT. See the Act, ch 9 for the relevant procedures.
Division 2.7.4	Special portable magazine storage
155	Application of div 2.7.4
	(1)	This division applies to the special portable magazine storage of explosives under a storage licence at a licensed storage place on the licensed premises, if—
	(a)	there is special portable magazine storage at no more than 3 portable magazines on the licensed premises; and
	(b)	there are no other magazines on the licensed premises.
	(2)	This division applies in addition to the requirements of division 2.7.3, other than regulation 135 (Separation distances for magazines).
156	Meaning of licensed premises for div 2.7.4
In this division:
licensed premises means premises where the explosives are authorised to be stored under a storage licence.
157	Meaning of special portable magazine storage
In these regulations:
special portable magazine storage, of an explosive mentioned in table 157.1, column 2, means licensable storage of the explosive in a portable magazine in a quantity no greater than that mentioned in column 3 for the explosive.
Table 157.1	Special portable magazine storage
column 1
item	column 2
explosive	column 3
maximum quantity	
1	propellant gunpowder of classification code 1.1D	10kg	
2	propellants of classification code 1.3C, if correctly packed in packages of capacity of not more than 5kg	50kg	
3	distress signals of classification code 1.3G, if unaccompanied by distress signals of classification code 1.4G	15kg	
4	distress signals of classification code 1.4G, if unaccompanied by distress signals of classification code 1.3G	30kg	
5	fuse lighters of classification code 1.4G	30kg	
6	safety cartridges of classification code 1.4S, other than ammunition	50 000 in number	
7	primers or percussion caps of classification code 1.4S	50 000 in number	
8	safety fuse of classification code 1.4S	5 000m	
9	airbag inflators, airbag modules and seat belt pretensioners of hazard division 1.4, if not installed in vehicles or in completed vehicle components	50kg	
10	model rocket motors of hazard division 1.4	50kg	
11	sparklers of hazard division 1.4	50kg	
158	Special portable magazine storage—separation distance
The separation distance for explosives stored in a portable magazine on the licensed premises is 10m from any place where dangerous substances are stored (including another portable magazine).
159	Special portable magazine storage—signs for premises
At the main entrance to the licensed premises, a notice must be displayed showing a class label not less than 100mm square in relation to the kinds of explosive stored in each portable magazine.
160	Special portable magazine storage—fire precautions
Any combustible material must be kept at least 3m away from—
	(a)	the explosives; and
	(b)	any licensed storage place.
Division 2.7.5	Exempt storage
161	Application of div 2.7.5
This division applies to the exempt storage of explosives.
Note	Exempt storage is storage of explosives mentioned in table 124.1 in quantities no greater than those mentioned in the table, subject to conditions mentioned in the table (see reg 124).
	For example, storage of propellant gunpowder of classification code 1.1D in a quantity of no more than 2kg would be exempt storage if the gunpowder is stored for personal use.
162	Exempt storage—fire precautions
	(1)	A responsible person for the exempt storage of an explosive must ensure that any combustible material, and any source of ignition, is kept at least 2m away from—
	(a)	the explosive; and
	(b)	any place where the explosive stored.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
Note	Responsible person is defined in the Act, s 18.
163	Exempt storage requirements—general
	(1)	A responsible person for the exempt storage of an explosive must ensure that the explosive is stored as follows:
	(a)	the explosive must be stored in its original container or in the packaging in which it was supplied;
	(b)	the explosive must be stored in 1 of the following places:
	(i)	a magazine (including a portable magazine), in compliance with division 2.7.3;
	(ii)	a portable magazine, in compliance with division 2.7.4;
	(iii)	a locked room;
	(iv)	a locked receptacle (other than a document safe, money safe or refrigerator);
	(c)	the explosive must be stored out of reach of children.
Maximum penalty:  30 penalty units.
	(2)	Subregulation (1) does not apply to the storage of safety fuse or general use fireworks.
	(3)	An offence against this regulation is a strict liability offence.
Note	Responsible person is defined in the Act, s 18.
164	Storage of safety fuse
	(1)	A responsible person for the exempt storage of safety fuse must ensure that the safety fuse is stored as follows:
	(a)	the safety fuse must be stored in a cool, dry place.
	(b)	the safety fuse must be stored away from any substance liable to penetrate the fuse and affect its burning rate (for example, petroleum liquids or solvents);
	(c)	the safety fuse must be stored in 1 of the following places:
	(i)	a magazine (including a portable magazine), in compliance with division 2.7.3;
	(ii)	a portable magazine, in compliance with division 2.7.4;
	(iii)	a locked receptacle (other than a document safe, money safe or refrigerator).
	(d)	the safety fuse must be stored out of reach of children.
Maximum penalty:  30 penalty units.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this regulation is a strict liability offence.
Note	Responsible person is defined in the Act, s 18.

Part 2.8	Supplying explosives
Division 2.8.1	Interpretation
165	Meaning of supply licence
In these regulations:
supply licence means a licence issued for this part authorising the supply of explosives.
Note 1	Licences are issued under the Act (see the Act, dict, def licence).
Note 2	Supply (of a dangerous substance) is defined in the Act, dict, to include sale and any other transfer of ownership. Explosives are dangerous substances.
Division 2.8.2	Supply licences
166	Authority to supply explosives
A person is authorised to supply an explosive if—
	(a)	the person holds a supply licence authorising the supply of the explosive; or
	(b)	the person is an individual engaged (as an employee or contractor) to supply the explosive under the supervision of a person who holds a supply licence; or
	(c)	for the retail supply of an explosive that is a consumer firework—the person is authorised under a consumer fireworks licence to supply the explosive; or
	(d)	the explosive is a general use firework.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who supplies an explosive without authorisation may commit an offence against the Act, pt 5.1.
167	Person in control of supply—Act, s 17 (1) (e)
For the Act, the holder of a supply licence is a person in control of all of the following in relation to the supply of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	the premises from which the explosive is supplied;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
168	Reasonable steps for supply—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the supply of an explosive, consideration must be given to whether the requirements under this part have been complied with in relation to the supply.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
169	Supply licence applications—Act, s 50 (2)
An application for a supply licence must include the following information and documents:
	(a)	the name and address of the applicant;
	(b)	details of the storage licence for the premises from which the explosives are to be supplied;
	(c)	documentation describing a safety management system for the supply of explosives under the licence;
	(d)	for each kind of explosive to be supplied;
	(i)	the product name, UN number and classification code; or
	(ii)	the authorisation number;
	(e)	procedures to ensure that explosives are only supplied to people authorised to receive them;
	(f)	record-keeping procedures to be adopted to ensure compliance with the Act;
	(g)	any other information or documents required by a form for the application approved under the Act, section 222.
170	Supply licence conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each supply licence:
	(a)	only authorised explosives may be supplied under the licence;
	(b)	explosives may be supplied under the licence only from premises where the explosives are authorised to be stored under a licence;
	(c)	the licensee must establish and maintain a safety management system for the supply of explosives under the licence;
	(d)	at any person’s request, the licensee must provide the person with a safety data sheet for any explosives supplied under the licence;
	(e)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the supply of explosives under the authority of the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
	(2)	Subregulation (1) (d) takes effect 12 months after the day on which this regulation commences.
	(3)	Subregulation (2) and this subregulation expire 12 months after the day on which this regulation commences.
Division 2.8.3	Explosives—supply requirements
171	Application of div 2.8.3—fireworks
This division does not apply in relation to—
	(a)	the supply of general use fireworks; or
	(b)	the retail supply of consumer fireworks under a consumer fireworks licence.
Note	For the supply of consumer fireworks under the authority of a consumer fireworks licence, see pt 3.3 (Consumer fireworks).
172	Place of supply
An explosive must not be supplied in a public place.
Examples of public places
1	roads
2	road related areas within the meaning of the Road Transport (Safety and Traffic Management) Act 1999, dict.
3	markets and fairs
4	agricultural shows and other shows
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
173	Display prohibited 
An explosive must not be displayed for supply at any premises.
Examples of prohibited display at premises
1	on shelves
2	on counters
3	in windows
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
174	Supply only to authorised people
	(1)	An explosive must not be delivered under the authority of a supply licence to a person unless—
	(a)	for the delivery of an explosive for use in a blasting operation—
	(i)	the person shows the supplier an official order to purchase the explosive (or explosives of the type requested) on behalf of the Commonwealth; or
	(ii)	the person shows the supplier a special authority to purchase the explosive under division 2.9.5, or a certified copy of the authority; or
	(b)	for the delivery of any explosive—
	(i)	the person shows the supplier a licence that authorises the person to possess the explosive, or a certified copy of the licence; or
	(ii)	possession of the explosive is otherwise authorised under these regulations; or
	(iii)	the person shows the supplier a written authority (however described) issued under a corresponding law that authorises possession of the explosive, or a certified copy of the authority.
Example of authorised possession for par (b) (ii)
exempt storage of explosives
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The following requirements must be complied with for the delivery to a person of explosives for use in a blasting operation:
	(a)	the amount of explosives to be supplied in a single day must not exceed the amount the person is authorised to purchase under the relevant licence or authority;
	(b)	the information required by regulation 176 must be recorded in the supply record book before the explosives are delivered; and
	(c)	explosives may be delivered only if the licensee is satisfied that they will be carried using a receptacle or vehicle that complies with the requirements of part 2.6 (Carrying explosives).
	(3)	In this regulation:
certified copy, of a licence or authority, means a copy of the licence or authority certified by the licensee or authority-holder to be a true copy.
175	Supply of defective explosives or packages 
	(1)	The holder of a supply licence must not supply defective explosives, or explosives in defective packages, unless the supply is approved in writing by the chief executive.
	(2)	A decision of the chief executive to refuse a request for approval is a reviewable decision for the Act, section 186.
	(3)	The person requesting approval is prescribed for the Act, section 187 (Notice of reviewable decisions).
Note	The effect of this regulation is to make the decision reviewable by the AAT. See the Act, ch 9 for the relevant procedures.
176	Supply records
	(1)	The holder of a supply licence must maintain a supply record book including the following information for each explosive supplied under the authority of the licence:
	(a)	the date of supply; 
	(b)	the name, address and telephone number of the person for whom the explosive is supplied; 
	(c)	details of any licence or authority shown to the supplier for regulation 174;
	(d)	the kind and quantity of the explosive; 
	(e)	the signature of the person taking delivery of the explosives and, if that person is not the person for whom the explosives are supplied, the name, address and telephone number of the person taking delivery.
	(2)	The pages of the supply record book must be serially numbered and be bound to prevent the pages from being easily removed.
	(3)	The licensee must, whether or not the licence continues in force, keep for at least 5 years after each entry is made in the supply record book in relation to a particular supply of an explosive—
	(a)	the supply record book; and
	(b)	any documentary proof given to the supplier of any licence or authority given to the supplier for regulation 174 in relation to the supply.
Maximum penalty:  10 penalty units.
	(4)	The licensee must make the supply record book and any documents kept under subregulation (3) (b) available for examination at the direction of an inspector or police officer.
Maximum penalty:  10 penalty units.
	(5)	A person who takes delivery of an explosive from the licensee must sign the licensee’s supply record book.
Maximum penalty:  10 penalty units.
	(6)	An offence against this regulation is a strict liability offence.
Division 2.8.4	Advertising—supply of explosives
177	False or misleading statements about authority to supply explosives
	(1)	A person commits an offence if—
	(a)	the person makes a statement (whether orally, in a document or in any other way); and
	(b)	the statement is about—
	(i)	the supply or possible supply of explosives; or
	(ii)	the promotion by any means of the supply or use of explosives; and
	(c)	the statement is about the availability of the explosives to members of the public; and
	(d)	the statement is false or misleading; and
	(e)	the person is reckless about whether the statement—
	(i)	is false or misleading; or
	(ii)	omits anything without which the statement is false or misleading; and
	(f)	the statement is made in the course of trade or commerce.
Maximum penalty:  30 penalty units.
	(2)	Absolute liability applies to subregulation (1) (f).

Part 2.9	Using explosives
Division 2.9.1	Preliminary
178	Application of pt 2.9
	(1)	This part applies to the use of explosives.
	(2)	However, this part does not apply in any of the following circumstances:
	(a)	use of an explosive by an inspector or police officer exercising a function under the Act; or
	(b)	use of any of the following explosives:
	(i)	a general use firework;
	(ii)	model rocket motor;
	(iii)	a safety cartridge;
	(iv)	an explosive power tool cartridge;
	(c)	use of a firework other than a general use firework under a fireworks display permit or as authorised under regulation 294 (Authority for using consumer fireworks);
	(d)	use of a distress signal in an emergency or for a test to prepare for an emergency.
179	Using explosives—definitions
In these regulations:
blasting permit, for a blasting operation at premises, means a licence issued for this part authorising the operation at the premises as stated in the blast plan for the licence.
blast plan, for division 2.9.4 (Blasting permits)—see regulation 189.
Note	A blast plan forms part of the safety management system for a blasting operation authorised by a blasting permit (see [reg #]).
shotfirer means a person who holds a shotfirer licence.
shotfirer licence, for explosives, means a licence issued for this part authorising the use of the explosives stated in the licence.
Division 2.9.2	Using explosives—general
180	Authority to use explosives
	(1)	A person is authorised to use an explosive, or to manufacture ANFO for immediate use, if the person—
	(a)	holds a shotfirer licence authorising that use or manufacture; or
	(b)	is an individual engaged (as an employee or contractor) to use the explosive, or to manufacture the ANFO, under the direct supervision of a person who holds a shotfirer licence.
	(2)	However, a person is authorised to use an explosive only if its use is for a blasting operation in accordance with these regulations that is authorised by a blasting permit.
Note 1	Shotfirer licences and blasting permits are licences issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who uses an explosive without authorisation may commit an offence against the Act, pt 5.1.
181	Licence or permit to be produced
A person who holds a shotfirer licence or a blasting permit must—
	(a)	carry the licence or permit at all times when using, or preparing to use, the explosives authorised to be used by the licence or permit; and
	(b)	produce the licence or permit when asked to do so by an inspector, police officer or firefighter.
182	Use of explosives—occupier’s responsibilities
	(1)	An occupier of premises must not allow a person to use an explosive at the premises unless the person is authorised to do so under this part.
Maximum penalty:  10 penalty units.
	(2)	An occupier of premises must not allow a person to use an explosive at the premises except in accordance with a blasting permit authorising the use of the explosive.
Maximum penalty:  10 penalty units.
	(3)	This regulation does not apply to the use of an explosive under the supervision of an inspector or police officer.
	(4)	An offence against this regulation is a strict liability offence.
183	Person in control of using explosives—Act, s 17 (1) (e)
	(1)	For the Act, the holder of a shotfirer licence is a person in control of all of the following in relation to the use of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	the premises where the explosive is used;
	(c)	any associated plant or system;
	(d)	any associated activity.
	(2)	For the Act, the holder of a blasting permit is a person in control of all of the following in relation to a blasting operation carried out under the permit:
	(a)	the handling of explosives for the operation;
	(b)	the premises where the operation takes place;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
184	Reasonable steps for handling explosives for blasting operations—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the handling of explosives for a blasting operation, consideration must be given to whether the requirements under this part have been complied with in relation to the operation.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
Division 2.9.3	Shotfirer licences
185	Shotfirer licence applications—Act, s 50 (2)
	(1)	An application for a shotfirer licence must include the following information and documents:
	(a)	the name, address and date of birth of the applicant;
	(b)	2 passport photographs of the applicant;
	(c)	documentation describing a safety management system for the use of explosives under the licence;
	(d)	for each kind of explosive to be used—
	(i)	the product name, UN number and classification code; or
	(ii)	the authorisation number;
	(e)	details of any training course approved for regulation 186 (2) (b) that the applicant has attended in the use of explosives, and evidence that the applicant passed the course, or met an applicable standard of competency because of the course;
	(f)	evidence that the applicant has suitable practical experience in the use of the explosives intended to be used under the licence;
	(g)	any other information or documents required by a form for the application approved under the Act, section 222.
186	Suitable people to hold shotfirer licences—Act, s 49 (1) (h)
	(1)	For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a shotfirer licence include the following:
	(a)	whether the person is an individual;
	(b)	whether the person has demonstrated adequate knowledge and experience of the following matters (the licence criteria):
	(i)	safety in the use of explosives by the method stated in the application; and
	(ii)	the requirements of these regulations that relate to explosives and that method of use.
	(2)	For subregulation (1) (b), a person is taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant meets 1 or more of the following conditions:
	(a)	the applicant has passed an examination approved in writing by the chief executive to test the applicant’s knowledge and experience of the licence criteria;
	(b)	the person has—
	(i)	attended a training course approved in writing by the chief executive on the use of explosives for blasting operations; and
	(ii)	passed the course, or met an applicable standard of competency to the satisfaction of the chief executive because of the course; and
	(iii)	demonstrated suitable practical experience in the use of the explosives intended to be used under the licence, to the satisfaction of the chief executive;
	(c)	the person has demonstrated suitable practical experience in the use of the explosives intended to be used under the licence, to the satisfaction of the chief executive.
	(3)	A person is also taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant holds a qualification relating to the use of explosives for blasting operations issued outside the ACT that is approved in writing by the chief executive.
Note	Additional criteria apply to the issue of the licence (see the Act, pt 4.2).
	(4)	An approval under this regulation is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
187	Prescribed shotfirer licence conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each shotfirer licence:
	(a)	only authorised explosives may be used under the licence;
	(b)	the licensee must establish and maintain a safety management system for the use of explosives under the licence;
	(c)	if the licence authorises the manufacture of ANFO for the personal use of the licensee—
	(i)	the quantity authorised to be manufactured must be no more than 50kg at any single time; and
	(ii)	the ANFO may only be manufactured using the defined components; and
	(iii)	a colouring agent must be used to differentiate mixed ANFO from unmixed components;
	(d)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the use of explosives under the authority of the licence.
	(2)	In this regulation:
defined components, of ANFO, means—
	(a)	ammonium nitrate as the oxidising agent; and
	(b)	clean oil, fuel oil or another oil having a flash point of 60.5ºC or higher as the fuel component.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Division 2.9.4	Blasting permits
188	Blasting permit applications—Act, s 50 (2)
An application for a blasting permit for a blasting operation to be carried out by a shotfirer at premises must include the following information and documents:
	(a)	the name, business address and telephone number of the applicant;
	(b)	documentation describing a safety management system (including a blast plan) for the blasting operation;
Note	Reg 189 sets out the information to be included in a blast plan.
	(c)	a copy of any documents, including engineering and similar reports, to which the applicant or the responsible shotfirer has access, about—
	(i)	the use of explosives at the premises; and
	(ii)	if the proposed use of the explosives is in relation to the demolition of all or part of a building or structure—the demolition of the building or structure; 
	(d)	details of any other information the applicant or the shotfirer knows that is material to the application; 
	(e)	a consent signed by the shotfirer for—
	(i)	a police officer to make inquiries about the shotfirer’s criminal record; and
	(ii)	for the shotfirer to be examined, if necessary, under regulation 190; 
	(f)	any other information or documents required by a form for the application approved under the Act, section 222.
189	Blast plans
For this division, a blast plan is a plan for a particular blasting operation at premises stating the following:
	(a)	the purpose of the operation;
	(b)	details of the premises where it is proposed to use the explosives;
	(c)	for the proposed shotfirer—
	(i)	the shotfirer’s name, business address, telephone number and shotfirer licence number; and
	(ii)	the shotfirer’s qualifications, knowledge and experience relevant to the purpose of the blasting operation;
	(d)	the arrangements for the control and supervision of the use of the explosives;
	(e)	the relationship of the blast point of the explosives to nearby premises (affected areas);
Examples of affected areas
1	public areas
2	facilities for water, gas, electricity and telecommunication 	services
3	public transport and emergency transport routes
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(f)	whether the permission of people in control of affected areas has been obtained;
	(g)	details (including the outcome) of consultation conducted with anyone who could be affected by the detonation of the explosives, including the public, about the following:
	(i)	the blasting proposal and any possible dangers arising from it;
	(ii)	any disruptions to the use of affected areas;
	(h)	arrangements for the giving of notice of the detonation of the explosives to anyone that may be affected by the detonation, including the public;
	(i)	if it is proposed to demolish all or part of a building or structure—
	(i)	the building or structure’s occupancy classification under the building code approved under the Building Act 2004; and
	(ii)	a brief description of its structural support system and the main materials of its construction; and
	(iii)	the method of demolition; and
	(iv)	the sequence of the demolition works;
	(j)	the kind and quantity of explosives to be detonated;
	(k)	the occasion or occasions when explosives are to be detonated (including test detonations);
	(l)	the procedure for the preparation and placement of the explosives and the detonation sequence of the explosive charges;
	(m)	safety measures for the detonation of the explosives, including the security of people and premises, the exclusion zone and the warning procedures;
	(n)	the procedure to be followed if explosives misfire;
	(o)	the method of disposal of any explosives unused at the completion of the proposed purpose;
	(p)	the storage facilities for the explosives at the premises and the proposed procedures for the control and management of the facilities;
	(q)	the procedure for carrying the explosives about the workplace;
	(r)	any other information or documents required by the form for a blast plan approved under the Act, section 222.
	(s)	any other information required by the chief executive.
190	Suitable people to hold blasting permits—Act, s 49 (1) (h)
	(1)	This regulation applies in relation to working out whether an applicant for either of the following is a suitable person to hold a blasting permit or an amended blasting permit:
	(a)	the issue of a blasting permit for a blasting operation;
	(b)	the amendment of a blasting permit under the Act, section 58 (Licence—application to amend by licensee).
	(2)	In deciding the application, the chief executive must have regard to matters including the following in deciding whether the applicant is a suitable person:
	(a)	whether the shotfirer for the operation has demonstrated practical experience in the use of explosives as proposed in the application; 
	(b)	whether the applicant’s safety management system (including the blast plan) for any relevant blasting operation is suitable for the operation.
	(3)	The chief executive may, by written notice to the applicant, require the shotfirer for the operation to show by a practical or oral examination the shotfirer’s competence to use explosives in accordance with the blast plan.
	(4)	A practical examination must be conducted under the supervision of an inspector.
191	Prescribed blasting permit conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each blasting permit:
	(a)	only authorised explosives may be used for a blasting operation authorised by the permit;
	(b)	the permit-holder must establish and maintain a safety management system (including a blast plan) for the blasting operation authorised by the permit;
	(c)	the shotfirer for the operation must hold a shotfirer licence authorising the use of the explosives stated in the blast plan for the purpose stated in the blast plan;
	(d)	the exclusion zone as set out in the blast plan must be maintained for the blasting site;
	(e)	the permit-holder must—
	(i)	comply with the obligations imposed directly on the permit-holder under this part; and
	(ii)	ensure that this part is complied with in relation to the use of explosives for any blasting operation conducted under the authority of the permit.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
	(2)	If a person holds a shotfirer licence as well as a blasting permit, an obligation that applies to the person under this part in either capacity is taken to be a condition of both the licence and the permit.
192	Evaluation of blasting operations
	(1)	After the completion of a blasting operation authorised by a blasting permit, the permit-holder must—
	(a)	make a written evaluation of the operation, including the use of explosives in the operation; and
	(b)	if required by written notice from the chief executive—give a copy of the evaluation to the chief executive.
Maximum penalty:  10 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
Division 2.9.5	Purchase of additional explosives for blasting operations
193	Application for special purchase authority
For division 2.8.3 (Explosives—supply requirements), a shotfirer may make a written application to the chief executive for special authority as required by that division to be supplied with a greater amount of explosives than is stated in the shotfirer licence or any blasting permit that authorises the shotfirer to conduct a blasting operation.
194	Issue of special purchase authority
	(1)	On an application under regulation 193, the chief executive may issue the shotfirer with the special authority sought, in writing, if satisfied that—
	(a)	the amount and kind of explosives is necessary for completion of a blasting operation; and
	(b)	explosives purchased for the blasting operation will be stored in compliance with part 2.7 (Storing explosives).
	(2)	A decision of the chief executive to refuse to issue a special purchase authority is a reviewable decision for the Act, section 186.
	(3)	The applicant for the special authority is prescribed for the Act, section 187 (Notice of reviewable decisions).
Note	The effect of this regulation is to make the decision reviewable by the AAT. See the Act, ch 9 for the relevant procedures.
Division 2.9.6	On-site storage by shotfirers
195	Method of storing explosives at a blasting site
	(1)	Explosives must be stored at a blasting site—
	(a)	in accordance with part 2.7 (Storing explosives); or 
	(b)	securely aboard a road or rail vehicle in accordance with part 2.6 (Carrying explosives); or 
	(c)	in a portable magazine under regulation 196.
	(2)	This regulation does not apply to—
	(a)	explosives in blast holes; or
	(b)	explosives in immediate use in the making up of a charge; or
	(c)	the carrying of explosives in their original packages within a mine or a quarry; or
	(d)	pumpable emulsions, watergel slurries or free-flowing explosives that are safely stored and handled in accordance with information supplied by the manufacturer of the product and the operating procedures for the blasting site.
196	Temporary on-site storage
	(1)	For regulation 195 (1) (c), the following requirements must be complied with if explosives are kept in a portable magazine at a blasting site:
	(a)	unless allowed by subregulation (2) or (3)—
	(i)	explosives of compatibility group D must not be kept in the same magazine as explosives of classification code 1.4G (for example, plastic igniter cord and fuse lighters); and
	(ii)	detonators must not be kept in the same magazine as any other explosives;
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	except during the preparation of a charge—
	(i)	the magazine must be locked; and 
	(ii)	the magazine containing detonators must be separated by at least 1m from a magazine containing other explosives.
	(2)	However, up to the following amounts of explosives may be kept together in any combination in the same magazine at a blasting site:
	(a)	500m of igniter cord;
	(b)	500g of fuse lighters;
	(c)	3.5kg of explosives of Compatibility Group D.
	(3)	Also, detonators may be kept together in the same magazine at a blasting site with any other explosives if—
	(a)	there are no more than 25 detonators and 3.5kg (in total) of other explosives; and
	(b)	the detonators are kept in 1 compartment and any other explosives are kept in another compartment; and
	(c)	the magazine has an airspace or space filled with an inert material capable of preventing communication of an explosion in the detonator compartment to explosives stored in other compartments; and
	(d)	the compartment containing the detonators is labelled ‘MAX 25’; and
	(e)	the compartment containing the other explosives is labelled ‘MAX 3.5KG’.
	(4)	Explosives at a blasting site, whether stored aboard a road or rail vehicle, or in a portable magazine under this regulation, must be transferred at or before the end of work for the day to a place of storage that complies with part 2.7.
197	Ignition sources at blasting sites
A source of ignition must not be introduced within 10m of an explosive at a place where the explosive is awaiting use, unless the source of ignition is necessary to fire a charge.
198	Defective explosives
Defective explosives, or explosives in defective packages—
	(a)	must be disposed of in accordance with part 2.10; and
	(b)	must not be disposed of by being used for normal blasting operations in a mine or a quarry unless an inspector has authorised the disposal of the particular explosives by that method.
Division 2.9.7	Equipment for blasting operations
199	Requirement to provide equipment
The holder of a blasting permit must comply with any reasonable request by the shotfirer for the blasting operation authorised by the permit about the provision and maintenance of equipment necessary for compliance with these regulations.
200	Condition of blasting equipment
Blasting equipment that is, or is to be, employed in the use of explosives must be kept in good repair.
201	Equipment used to initiate explosives
	(1)	Equipment used to initiate explosives must be designed and constructed in a way that makes it safe to use.
	(2)	An exploder, circuit tester, rheostat or other equipment used to initiate explosives charges must comply with—
	(a)	AS 2187.2; or
	(b)	if that standard does not apply—a specification approved, in writing, by the chief executive.
	(3)	An approval under subregulation (2) (b) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	A storage battery or dry cell must not be used to fire a charge, unless it forms part of an exploder that complies with subregulation (2).
	(5)	A firing cable must comply with AS 2187.2.
202	Labelling, identification and testing of exploders
	(1)	An exploder used or intended to be used for firing an explosive must be labelled with—
	(a)	a distinguishing serial number; and 
	(b)	the number of detonators that can satisfactorily fire in a normal series circuit.
	(2)	An exploder used or intended to be used for firing an explosive must be tested to assess its proper functioning—
	(a)	at least every 7 days, when in use; and 
	(b)	when used for the first time or after a period of non-use of longer than 30 days; and 
	(c)	if the person using the exploder suspects a loss of efficiency; and 
	(d)	if required by an inspector.
203	Firing switches, short-circuit switches and switchboxes
A firing switch, short-circuit switch or switchbox used for mains firing in a mine must be of a kind approved by an inspector.
Division 2.9.8	Before and after blasting
204	Shotfirer to take due precautions
	(1)	A shotfirer must take all precautions that are necessary and reasonable to prevent any danger to people or damage to property from the use of explosives by the shotfirer in the course of a blasting operation.
	(2)	If a person other than the shotfirer is in charge of a blasting operation, the person must take all precautions that are necessary and reasonable to prevent any danger to people or damage to property from the use of explosives in the course of the operation.
Maximum penalty:  30 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
205	Blasting warnings—general
	(1)	A person intending to fire an explosive for a blasting operation must—
	(a)	give a warning that is sufficient and appropriate to people near the firing operation; and 
	(b)	take all necessary precautions to—
	(i)	ensure that people near the blasting area are at a safe distance from the blasting area; or 
	(ii)	provide appropriate blasting shelters, and ensure that people who may be endangered by the blasting operations use these shelters; and
	(c)	ensure that all means of approach to the area are secured against entry by the public or vehicles; and
	(d)	except in underground blasting operations—before and after firing, ensure that an effective audible warning signal is given in accordance with—
	(i)	the system required by regulation 206 or 207; or
	(ii)	any alternative or additional requirements stated in the blasting permit.
Examples for par (c) of means to prevent entry
1	display of warning signs
2	posting of guards
Note	An example is part of these regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	For subregulation (1) (d), an audible warning must be distinguishable from motor vehicle horns or other audible signalling devices normally used in the area where the firing operation is taking place.
206	Audible warning system—general blasting
This is the audible warning system for use in above-ground blasting operations other than in a mine or quarry:
	(a)	1 minute before firing, an audible signal must be sounded for 15 seconds;
	(b)	the signal ‘Fire on!’ must be given immediately before the charge or charges are fired;
	(c)	for the ‘all clear’, 3 short audible signals must be sounded for 1 second each, separated by 1 second.
207	Audible warning system—mines and quarries
This is the audible warning system for use in above-ground blasting operations in a mine or quarry:
	(a)	a series of 3 short audible signals must be sounded, followed by a pause of at least 3 minutes, during which the blasting area must be checked to ensure everyone in the area is in a position of safety;
	(b)	2 short audible signals must be sounded;
	(c)	after a 1-minute pause, a continuous audible signal must be sounded;
	(d)	the blast must be fired as soon as practicable after the continuous audible signal has sounded for 10 seconds, after which the signal must stop;
	(e)	the area must be checked and if all dust and toxic gases have dispersed, and in all other respects the area is safe for return, for the ‘all clear’, a continuous audible signal must be sounded for 10 seconds.
208	Control of blasting operations
	(1)	A person at a blasting site must obey any reasonable instruction given by a shotfirer during the period—
	(a)	starting when the charges start being prepared for firing; and
	(b)	ending when the ‘all clear’ signal is given.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
209	Total fire ban days
A person must not use an explosive that may produce a flame above ground in the open during a period for which a warning has been published under the Bushfire Act 1936, section 7A (1) (Days of acute fire danger).
210	Firing explosives at night
A person who uses an explosive for a blasting operation at night must ensure that an adequate level of light is provided so that—
	(a)	charging operations can be carried out safely; and
	(b)	inspections can be done properly after charges are fired; and
	(c)	any misfire can be dealt with in accordance with division 2.9.11 (Misfire precautions).
211	Capping fuses and preparing primers
	(1)	A person who caps fuses or prepares primers at a place must ensure that everyone who is not involved in doing so remains at least 10m away from the place.
	(2)	A person who caps fuses or prepares primers must do so in a safe place that is at least 10m away from any place where explosives are stored.
	(3)	A person who caps fuses must ensure that any capped fuses not required for immediate use are placed in a receptacle or stored in a magazine.
	(4)	A person who prepares primers must—
	(a)	prepare the primers immediately before charging; and
	(b)	ensure that the initiating medium used to form a primer has sufficient strength and sufficient contact with the primer cartridge or cast primer to ensure initiation; and
	(c)	ensure that the initiating medium is attached so that it will not become detached from the primer cartridge during loading.
212	Lowering primers into blast holes
A person who lowers a primer into a blast hole using the lead wires of a detonator, safety fuse, detonating cord or signal tube must do so in accordance with AS 2187.2.
213	Approach of a storm
	(1)	This regulation applies if, before a blasting operation is to start, an electrical storm, thunderstorm or dust storm approaches the site of the operation.
	(2)	If time permits before the storm reaches a dangerously close position, the shotfirer must—
	(a)	fire the shot; or
	(b)	make the circuits safe, and collect and return to the magazine all explosives that have not been charged.
	(3)	If time permits before the storm reaches a dangerously close position, a person at the site—
	(a)	must withdraw to a safe distance from any explosive; and
	(b)	must not return until the storm has passed.
Maximum penalty:  30 penalty units.
Examples of explosives for par (a)
1	explosives contained in a magazine
2	explosives contained in a blast hole
3	explosives being carried to the site
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The blasting site must be kept under observation from a safe distance by—
	(a)	the shotfirer; or
	(b)	if the shotfirer is absent—someone authorised by the shotfirer.
	(5)	This regulation does not apply to a blasting operation in underground workings, other than work in a sinking shaft.
	(6)	An offence against this regulation is a strict liability offence.
214	Site preparation
	(1)	Before charging operations begin, all tools, plant and equipment not required for the operation must be removed from the area being charged.
	(2)	When charges are being prepared and blast holes are being charged, no other work may be conducted within 10m of the charging operations.
	(3)	Before charging blast holes—
	(a)	blast holes must be thoroughly cleared of all debris, loose materials or any other obstruction; and
	(b)	except for deck charges—care must be taken to avoid the presence of any extraneous matter between cartridges.
	(4)	In this regulation:
deck charges means charges placed above a base charge at preselected intervals, if the charges are completely separated from the base charge and from each other.
215	Blasting equipment precautions
When a charge is prepared—
	(a)	only tools made from non-ferrous materials may be used; and
	(b)	if a metal spike is used to form a hole in a cartridged explosive, the spike must not come into contact with any metal or hard surface as it emerges; and
	(c)	if practicable, only whole cartridges may be charged into blast holes; and
	(d)	any metal implement used to cut explosives used for blasting operations must not operate with metal-to-metal contact or come into contact with any hard surface.
216	Blasting preparation
	(1)	A person charging blast holes with explosives must—
	(a)	if practicable, be positioned so that no part of the person’s body is in line with the direction of the hole; and
	(b)	position the primer in the blast hole to minimise the likelihood of a cut-off in the blasting sequence; and
	(c)	if tamping is required—tamp the explosives gently into blast holes of an appropriate size; and
	(d)	if stemming is required—stem the blast holes by tamping the stemming material lightly, gradually increasing the force until the blast hole is stemmed; and
	(e)	ensure that any lead wires, safety fuse, detonating cord or signal tube are not damaged during stemming and tamping.
	(2)	A person charging explosives into a blast hole must use a tamping rod—
	(a)	made of wood or other nonmetallic material without any metal ferrule or tip; and
	(b)	kept free of grit at the ends.
	(3)	For top-primed blast holes, tamping may only begin after at least 150mm of stemming material has been placed in the blast hole.
217	Obstruction in blast hole
	(1)	This regulation applies if an obstruction is met in a blast hole after charging has begun.
	(2)	The person charging the hole may only remove the obstruction by—
	(a)	a flow of water or water and compressed air; or 
	(b)	if a pressure water supply is not available—a flow of air applied through a length of safety tubing that has no ferrous metal fittings, and is advanced gently, without force, into the blast hole.
	(3)	If the obstruction cannot be removed, the person charging the hole must—
	(a)	add a primer cartridge to the charge; and 
	(b)	continue charging above the obstruction until the stemming height is reached; and 
	(c)	after the charge is fired, search for any unexploded explosive.
	(4)	In this regulation:
safety tube means a semiconductive plastic or rubber hose with an electrical resistance of—
	(a)	no less than 15 000Ω per metre; and
	(b)	no more than 2MΩ, measured along the length of the hose.
218	Charging blast holes using pumpable or free-flowing explosives
A person who charges blast holes using pumpable or free-flowing explosives must ensure that—
	(a)	the rate of delivery of explosives does not cause overfilling of the blast hole; and
	(b)	the explosives are mixed according to the correct formulation; and 
	(c)	the operator of the delivery and mixing device remains at the control panel or control device and shuts off the flow when necessary to avoid spillage.
219	Precautions after blast
After blasting has been carried out at a blasting site—
	(a)	no-one may enter the blasting site until the shotfirer, or a person authorised by the shotfirer, is satisfied that any fumes and toxic gases created by the explosion are at safe levels; and
	(b)	before any further work is carried out at the site, the site must be carefully inspected for the presence of unfired or misfired explosives; and
	(c)	drilling must not be undertaken at the site until—
	(i)	the whole site has been thoroughly washed down, if necessary; and 
	(ii)	all butts have been carefully inspected and, if necessary, thoroughly washed and cleaned; and 
	(iii)	any misfire has been treated as required by division 2.9.11 (Misfire precautions).
220	Inspection of site at end of shift
	(1)	If blasting has been carried out at a blasting site during a working shift, work must not begin on the next working shift until the site has been inspected and declared safe by a shotfirer authorised to use explosives under the blasting permit for the operation.
	(2)	The shotfirer must tell the person responsible for control of the blasting site during the next shift of—
	(a)	the number and position of all blast holes that have been fired during the previous shift; and 
	(b)	any suspected misfires.
Division 2.9.9	Electrical firing
221	Use of exploders
A shotfirer using exploders must ensure that—
	(a)	an exploder used for electrical firing is of a kind suitable for use with the particular kind of detonator and size of firing circuit; and
	(b)	the size of the firing circuit does not exceed the capacity of the exploder; and
	(c)	the exploder is fitted with a device that, by its removal, renders the exploder inoperable; and 
	(d)	the device mentioned in paragraph (c) is, while the exploder is not being used to fire explosives—
	(i)	out of the exploder; and
	(ii)	in the shotfirer’s possession and control while the shotfirer is on duty; and
	(e)	that any exploder, when not in use, is stored in a clean area that is free from moisture, oil and other contaminants.
222	Use of mains firing
	(1)	A shotfirer using mains firing must ensure that—
	(a)	the mains circuit has adequate electrical capacity to fire the firing circuit; and
	(b)	the firing switch is installed between the source of electric power and the firing cable; and
	(c)	the switch is protected by a short-circuit device on the cable side to prevent an electrical current entering the firing cable when the switch is open; and
	(d)	the firing switch and the short-circuit device are placed in switchboxes that are—
	(i)	in a fixed and safe position; and
	(ii)	provided with an effective lock from which the key cannot be removed unless the box is closed and locked; and
	(iii)	so constructed that the box can neither be closed nor locked unless the switch or device is in the open position and the short-circuit device is in place.
	(2)	A shotfirer using mains firing must also ensure that—
	(a)	a switchbox has only a single key; and
	(b)	the key is in shotfirer’s possession and control while he or she is on duty; and
	(c)	the switchbox is locked after a blasting operation.
223	Electrical firing—testing of components
	(1)	A shotfirer must, in accordance with subregulation (2), test a firing cable to be used for electric firing operations—
	(a)	for breaks and internal short-circuits; and 
	(b)	to work out its electrical resistance.
	(2)	Firing cable testing must be carried out—
	(a)	on each day of blasting operations—
	(i)	before the operations start; or
	(ii)	if there is more than 1 shift on the day—before each shift starts; and
	(b)	if damage to the cable is suspected.
	(3)	A shotfirer must test each electric detonator to be used in a blasting operation for continuity and resistance using a circuit tester.
	(4)	The shotfirer must take the following precautions in testing an electric detonator:
	(a)	the detonator must be covered in a way that will prevent injury to anyone, or damage to any property, if the detonator accidentally fires;
	(b)	delay detonators must be kept covered like that for at least twice the delay period of the detonator indicated by the delay number or code marked on the detonator or its wires.
	(5)	A shotfirer must not use a firing cable or detonator in a blasting operation that is found to be faulty when tested in accordance with this regulation until the fault is rectified.
224	Electrical firing—safe location of firing position
	(1)	A shotfirer must ensure that the firing position is located at a point outside the range of, or is adequately shielded from, any missile or other blast effect that may be produced by the blast.
	(2)	In this regulation:
firing position means the position where the exploder or circuit switch is to be operated to fire the charge. 
225	Electrical firing—precautions during charging
	(1)	A shotfirer must comply with the following requirements when charges are to be fired electrically:
	(a)	the lead wires of a detonator must be kept short-circuited until the charge is in position and ready for firing;
	(b)	the joints and other parts in a firing circuit must be covered or placed in a way that will prevent electrical contact to earth or with any other thing that could cause a short circuit;
	(c)	the firing cable leading to an explosive charge—
	(i)	must be short-circuited, at the end nearer the firing position, while the detonators are being connected; and
	(ii)	must not be connected to an exploder or circuit tester until the requirements of regulation 205 (Blasting warnings—general) have been complied with (including the sounding of the warning signals);
	(d)	the short-circuit in the firing cable may be opened only when the explosive charge is ready for testing or firing;
	(e)	before firing the charge, the firing circuit must be tested for continuity and electrical resistance at—
	(i)	the firing position; or 
	(ii)	some other point so distant from the charge that if there is accidental firing there will be no danger to any person;
	(f)	a circuit that is found to be faulty by a test under paragraph (e) must not be used until all faults in the circuit are rectified;
	(g)	immediately after firing, the shotfirer must—
	(i)	render the exploder inoperable; and
	(ii)	disconnect the firing cable; and
	(iii)	replace the short circuit on the firing cable.
	(2)	In this regulation:
firing position means the position where the exploder or circuit switch is to be operated to fire the charge.
226	Electric firing near source of electric power
	(1)	If electric firing is carried out near a source of electric power or a power or lighting cable, all proper precautions must be taken to prevent the firing cables, connecting wires and detonator lead wires from coming into contact with, or being affected by, any electrical leakage or induction from the cable or source of electric power.
	(2)	Storage batteries and dry cells must be kept at least 10m from—
	(a)	any firing cable; and
	(b)	any part of a firing circuit; and
	(c)	any place where electric detonators or electric fuse lighters are exposed.
	(3)	Subregulation (2) does not apply if the batteries or dry cells are adequately covered to prevent any likelihood of them causing the accidental firing of a detonator or fuse lighter.
	(4)	Electric firing in a mine or quarry must not be undertaken near any electrified trolley wire, underground power cable or high-voltage overhead powerline.
	(5)	Subregulation (4) does not apply if an inspector gives the shotfirer written approval for the electric firing.
227	Electric detonators near radiation source
	(1)	This regulation applies to the use of an electric detonator near any of the following:
	(a)	a radio or television transmitter;
	(b)	a repeater transmission station;
	(c)	another source of electromagnetic radiation.
	(2)	The electric detonator may be used only if the use complies with AS 2187.2 in relation to the safe distance to be maintained between the station (or other source of radiation) and the detonator and firing circuit.
228	Electronic detonator firing
If a shotfirer uses an electronic detonator in a blasting operation at a place, the shotfirer must ensure that the operation is carried out safely and in accordance with the manufacturer’s instructions and the operating procedures for that place.
Division 2.9.10	Other blasting procedures
229	Safety fuse firing
	(1)	This regulation applies if a shotfirer uses safety fuse in a blasting operation.
	(2)	The shotfirer must ensure that—
	(a)	before the fuse is used—
	(i)	a sample of at least 1m is burnt to work out the burning rate of the fuse; and
	(ii)	the burning rate of the sample is between 90 and 120 seconds per metre; and
	(b)	sufficient fuse (of at least 1m) is used to enable the shotfirer to withdraw to a safe place without undue haste after the fuse has been ignited; and
	(c)	the end of the fuse to be inserted into the detonator is clean and cut square, and inserted into the detonator by pushing gently without twisting; and
	(d)	detonators are crimped on the fuse with a crimper; and
	(e)	the fuse is not ignited until—
	(i)	the charge has been fully inserted into the blast hole; and
	(ii)	all necessary stemming and tamping has been completed; and
	(iii)	if applicable, an effective means of screening the blast is in position; and
	(f)	if more than 1 fuse is to be ignited at any single firing—
	(i)	only a safety fuse igniter approved for igniting more than 1 fuse is used; and
	(ii)	no more than 8 fuses are ignited at any single firing location, unless igniter cord or an electrical igniter approved by an inspector is used; and
	(iii)	the firing of charges is arranged to enable the number of explosions to be accurately counted from safe locations.
	(3)	If the shotfirer has any doubt about the number of charges that have exploded, the shotfirer must—
	(a)	assume that there has been a misfire; and
	(b)	comply with the requirements of division 2.9.11 (Misfire precautions).
	(4)	If 2 or more shotfirers fire explosives near each other, the shotfirers must arrange the order of firing to avoid confusion in counting the number of explosions.
230	Use of detonating cord
	(1)	This regulation applies if a shotfirer uses detonating cord in a blasting operation.
	(2)	The shotfirer must ensure that—
	(a)	if the detonating cord is used as a down line, the cord is—
	(i)	secured tautly and extends by at least 600mm from the edge of the blast hole; and 
	(ii)	cut from the reel; and
	(b)	excessive slack is not left in the branch line connections; and
	(c)	the branch line connections are made in accordance with AS 2187.2; and
	(d)	if both trunk and branch lines are used—the blast is initiated in a trunk line.
	(3)	In this regulation:
branch line means a length of detonating cord running between, and connected to, the trunk line and the primer.
down line means a line of detonating cord, used to initiate an explosive charge, by which a primer is lowered into a blast hole.
trunk line means the main line of detonating cord on the surface.
231	Signal tube firing
	(1)	This regulation applies if a shotfirer uses a signal tube to initiate a blasting operation.
	(2)	The shotfirer must ensure that—
	(a)	all connections are carried out in accordance with the manufacturer’s instructions; and
	(b)	all connections are checked before initiating a blast; and
	(c)	if possible, all fired signal tube is cleared from the blast site after the blast has been completed.
	(3)	If both trunk and branch lines are used, the blast must be initiated in a trunk line.
	(4)	A shotfirer must ensure that the firing position where the shotfirer initiates the signal tube is located outside the range of, or is adequately shielded from, any missile or other blast effect that may be produced by the blast.
	(5)	In this regulation:
branch line means a length of signal tube running between, and connected to, the trunk line and the primer.
trunk line means the main line of signal tube on the surface.
232	Use of ANFO
	(1)	This regulation applies if a shotfirer pneumatically loads ANFO.
	(2)	The shotfirer must ensure that—
	(a)	the equipment used for the loading is approved; and 
	(b)	the mixture is loaded through a safety tube; and
	(c)	when loading the mixture, the pneumatic loader is earthed through a resistance of not more than 1MΩ; and 
	(d)	water lines, compressed air lines, wire-covered hoses, rails and permanent electrical earthing systems are not used as a means of earthing the loader; and
	(e)	if electric detonators are used with pneumatic loading—the electric detonators are of the protected kind; and 
	(f)	no part of the equipment that may come into contact with ammonium nitrate or ANFO is composed of galvanised iron, galvanised steel, or any zinc, lead, copper or any alloy of those metals.
	(3)	In this regulation:
safety tube means a semiconductive plastic or rubber hose with an electrical resistance of—
	(a)	no less than 15 000Ω per metre; and
	(b)	no more than 2MΩ, measured along the length of the hose.
233	Dealing with butts
	(1)	If a butt is found after a charge has been fired, the shotfirer must ensure that no further work is carried out near the butt until the butt is made safe.
	(2)	A person drilling a hole near a butt must drill in a way, and at a distance, sufficient to prevent the drill from entering any part of the butt.
234	Bulling charges
	(1)	This regulation applies to a blast hole in which a bulling charge has been fired.
	(2)	The shotfirer must ensure that the blast hole is not reloaded until—
	(a)	the resulting chamber has been filled with water; or 
	(b)	the hole has been left to cool to a safe temperature over a sufficient period, which must be for at least 1 hour.
Note	Bulling is also known as chambering and springing.
235	Charging and firing charges
The shotfirer must ensure that—
	(a)	charges in all the blast holes that are charged in a single firing location are—
	(i)	fired as a single round; and 
	(ii)	fired without excessive delay; and
	(b)	if a charge is not fired and exploded, it is dealt with as a misfire in accordance with division 2.9.11 (Misfire precautions); and
	(c)	a blast hole that is charged is kept under constant and effective supervision until the charge is fired.
Division 2.9.11	Misfire precautions
236	Meaning of misfire
	(1)	In these regulations:
misfire means a charge or part of a charge that, on firing, has failed to explode or function as intended.
	(2)	A misfire is taken to have happened if there are reasonable grounds for suspecting that a misfire has happened.
237	Immediate action after a misfire
	(1)	If there is a misfire, the shotfirer must ensure that no person enters the blasting area until the end of whichever of the following periods apply, or, if more than 1 period applies, until the end of whichever of the following periods ends last:
	(a)	if safety fuse was used—30 minutes after use; or 
	(b)	if a signal tube was used—5 minutes after use; or 
	(c)	if electric detonators were used—5 minutes after the time the firing cables are disconnected and short-circuited.
	(2)	Subregulation (1) does not apply to a cut-off or butt.
	(3)	The shotfirer must, as soon as possible, tell the person controlling or managing the blasting site about any misfire.
238	Misfire not to be left unattended
	(1)	This regulation applies if there is a misfire in surface blasting.
	(2)	The misfire must not be left unattended. 
	(3)	The shotfirer must ensure that barriers are put up facing all access ways to the blasting area with—
	(a)	conspicuous red flags; or 
	(b)	conspicuous red signs immediately stationed so as to face all access ways to the blasting area, displaying 1 or more of the following messages in white letters:
	(i)	‘STOP’;
	(ii)	‘STOP—MISFIRED EXPLOSIVES’;
	(iii)	‘DANGER—CHARGED BLAST HOLES’.
	(4)	While barriers are in place under subregulation (3), a person must not enter the blasting area.
Maximum penalty:  30 penalty units.
	(5)	Subregulation (4) does not apply to the shotfirer or a person authorised by the shotfirer to enter the blasting area.
	(6)	An offence against this regulation is a strict liability offence.
239	Location of misfire
After the end of the period that applies under regulation 237, the shotfirer must—
	(a)	thoroughly examine the blasting site and do any work that is necessary to work out the location of any misfire and its cause; and 
	(b)	carefully search for, collect, and safely dispose of any unexploded explosive or debris likely to contain explosive that is on the surface; and
	(c)	warn all incoming work crews of the possible presence of explosives in any broken ground or rock.
240	Electrical tests for misfire
The shotfirer must not conduct electrical tests on a firing circuit or any part of a firing circuit of a misfired charge unless all people in the blasting area are—
	(a)	at a safe distance from the charge; or
	(b)	in a blasting shelter approved by an inspector.
241	No removal of cartridged explosive
	(1)	A person must not remove cartridged explosive from a blast hole containing a misfired charge.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
242	Blasting strategy to deal with misfire
	(1)	This regulation applies if—
	(a)	a charge misfires in a blasting or relieving hole; and
	(b)	the shotfirer proposes to deal with the misfire by refiring the charge in the same hole or firing a further charge in the same hole or a relieving hole.
	(2)	The shotfirer may deal with the misfire by following whichever of the following procedures applies:
	(a)	if the shotfirer believes on reasonable grounds that there is no likelihood of injury to a person or damage to property if the charge is refired—by refiring the charge in the same hole;
	(b)	if paragraph (a) does not apply—by firing a further charge in the same hole, in accordance with subregulation (3);
	(c)	if it is impractical to fire a further charge in the same hole—subject to subregulation (6), by firing a further charge in a relieving hole in accordance with subregulations (4) and (5).
	(3)	If subregulation (2) (b) applies, the shotfirer must ensure that—
	(a)	stemming and any water destructible explosives are removed from the hole—
	(i)	with pressurised water, or a combination of pressurised water and compressed air, using a rubber or plastic hose or tube; or
	(ii)	if pressurised water or air is not available—with water and a wooden implement; and
	(b)	the hole is reprimed with a fresh primer.
Note	For any further firing, the shotfirer must comply with the other requirements of this part relating to blasting operations.
	(4)	If subregulation (2) (c) applies, the shotfirer must ensure that the relieving hole is drilled—
	(a)	parallel to the misfired hole as far as possible; and
	(b)	at a distance sufficient to prevent the drill from entering any part of the misfired hole; and
	(c)	for a misfire in a mine or quarry—
	(i)	from a remote or safe location; and
	(ii)	only with the approval of an inspector.
	(5)	If subregulation (2) (c) applies, the shotfirer may drill multiple relieving holes to be fired together to deal with the misfire.
	(6)	However, a shotfirer must not use a relieving hole (or holes) to deal with the misfire if—
	(a)	the blast hole has been bulled; or
	(b)	it is otherwise unsafe to do so.
243	Misfire when electric detonator used
	(1)	This regulation applies if there is a misfire after an electric detonator has been used.
	(2)	The shotfirer must—
	(a)	short-circuit the firing cable and the lead wires of the detonator before attempting to treat the misfire; and 
	(b)	if the shotfirer proposes to use a procedure under regulation 242—ensure, if practicable, that the lead wires from the detonator in the misfired blast hole are firmly secured to a fixed object so as to allow the recovery of the detonator.
244	Misfire when signal tube detonator used
	(1)	This regulation applies if—
	(a)	there is a misfire after a signal tube detonator has been used; and
	(b)	the shotfirer proposes to use a procedure under regulation 242 (Blasting strategy to deal with misfire) to deal with it.
	(2)	The shotfirer must ensure, if practicable, that the signal tube from the detonator in the misfired blast hole is firmly secured to a fixed object so as to allow the recovery of the detonator.
245	Work not to restart until safe
	(1)	If the treatment of a misfire has involved the firing of a charge, the person controlling or managing the blasting site must ensure that work does not restart on the blasting site until—
	(a)	the shotfirer has searched thoroughly for any unexploded explosive; and 
	(b)	any explosive discovered has been safely disposed of; and 
	(c)	the shotfirer is satisfied that it is safe to resume.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
246	Misfires that cannot be treated according to requirements
	(1)	This regulation applies if the person controlling or managing the blasting site (the controller or manager) considers that the misfire cannot be dealt with in accordance with this division.
	(2)	The controller or manager must—
	(a)	immediately take steps to ensure that instructions to deal safely with the misfire are issued; and
	(b)	ensure that the instructions are carried out; and
	(c)	make an accurate written record of the instructions; and
	(d)	if the misfire is in a mine or quarry—tell an inspector in writing about the misfire as soon as possible after the misfire.
Maximum penalty:  20 penalty units.
	(3)	The controller or manager must keep the record made for subregulation (2) (c) for at least 5 years after the misfire.
Maximum penalty:  20 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
Division 2.9.12	Special blasting operations
247	Blasting underwater
	(1)	Blasting underwater must be undertaken in accordance with AS 2187.2.
	(2)	A shotfirer who intends to fire a charge underwater must ensure, before firing, that—
	(a)	everyone in the water at the blast site, including any diver, is at a safe distance from the charge; and
	(b)	any charges that are not in blast holes are secured against movement; and 
	(c)	if explosives that may be affected by water are used—the explosives are waterproofed, or are otherwise protected from the effects of water; and
	(d)	if detonating cord is used underwater—suitable precautions are taken to ensure that any lines of cord intended to remain apart cannot be brought together by water current or wave action.
248	Hot-material and high-temperature blasting
	(1)	This regulation applies if blasting is to be carried out in hot material, or at high temperature, within the meaning of AS 2187.2.
	(2)	Blasting must be carried out in accordance with the standard.
	(3)	If the requirements of this regulation and any other regulation in this part are inconsistent, the requirements of this regulation prevail.
249	Demolition of buildings and other structures
	(1)	A shotfirer must ensure that when blasting is used for the demolition of buildings or other structures, all operations are performed in accordance with—
	(a)	any conditions in the blasting permit; and
	(b)	if not inconsistent with any conditions in the blasting permit—AS 2187.2.
	(2)	If the requirements of this regulation and any other regulation in this part are inconsistent, the requirements of this regulation prevail.

Part 2.10	Disposal of explosives
Note	If these regulations require an explosive to be disposed of in a particular way, and a person disposing of the explosive does not comply with that requirement, the person may commit an offence under the Act, s 81 (Unauthorised disposal of dangerous substances, plant and systems).
    
250	Meaning of dispose
In this part:
dispose does not include supply.
Note	Dispose and supply are defined in the Act, dict. Those definitions apply to these regulations. However, the definition in this regulation qualifies the definition in the Act.
251	Application of pt 2.10
	(1)	This part applies to the disposal of explosives other than defined general use fireworks.
	(2)	However, this part does not apply to the disposal of explosives by an inspector or police officer exercising a function under the Act.
	(3)	In this regulation:
defined general use fireworks means general use fireworks other than a quantity of more than 10kg of sparklers.
Note	Sparklers are general use fireworks (see reg 259).
252	Authority to dispose of explosives
	(1)	A person may dispose of an explosive only if the person is authorised under a licence to handle the explosive.
	(2)	A licence that authorises the handling of an explosive authorises the disposal of the explosive by—
	(a)	the licensee; and
	(b)	by any individual engaged (as an employee or contractor) to handle the explosive under the supervision of the licensee.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.
Note 2	A person who disposes of an explosive without authorisation may commit an offence against the Act, pt 5.1.
253	Conditions for disposal of explosives—Act, s 53 (2) (b)
It is a condition of a licence that authorises the handling of an explosive that the licensee must—
	(a)	comply with the obligations imposed directly on the licensee under this part; and
	(b)	ensure that this part is complied with in relation to the disposal of explosives under the authority of the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
254	Discarding explosives
	(1)	A person must not discard explosives.
Maximum penalty:  30 penalty units.
Examples of discarding
1	throwing away the explosives
2	burying the explosives, unless their burial complies with reg 255 or 256
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this regulation is a strict liability offence.
255	Safe disposal of explosives—AS 2187.2
Explosives may only be disposed of in accordance with AS 2187.2, subject to regulations 256 and 257.
Note	See AS 2187.2, s 9.
256	Safe disposal of explosives—general rules
A person disposing of an explosive must—
	(a)	ensure that the method of disposal used provides the greatest degree of safety possible; and 
	(b)	ensure that the method of disposal is appropriate to the kind of explosives and the condition of the explosives; and
	(c)	take adequate precautions against causing injury to anyone or damage to any property.
257	Safe disposal of explosives—inspector’s instructions
Despite regulations 255 and 256, if an inspector tells (orally or in writing) a person who is authorised to handle an explosive under a licence to dispose of the explosive in a particular way, the person must ensure that the direction is complied with.
258	Disposal records
	(1)	If an explosive is disposed of, the person who holds the licence under which the explosive is disposed must make a record of the disposal that complies with subregulation (2).
	(2)	The record must include the following information:
	(a)	the name and licence number;
	(b)	the owner of the explosive;
	(c)	the type and quantity of explosive;
	(d)	the date of disposal;
	(e)	the reason for disposal.
	(3)	The licensee must keep the record for at least 3 years after the date of disposal, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this regulation is a strict liability offence.

Chapter 3	Fireworks
Part 3.1	Kinds of fireworks
Note	These regulations categorise fireworks as follows:
·	general use fireworks (eg sparklers)—see reg 259 and pt 3.2
·	consumer fireworks (eg ground spinners)—see reg 260 and pt 3.3.
·	prohibited fireworks (eg large crackers or large aerial shells)—see reg 261.
259	General use fireworks
	(1)	For these regulations, each of the fireworks mentioned in table 259.1, column 2 is a general use firework—
	(a)	if the quantity of pyrotechnic substance in the firework is no more than the quantity mentioned in column 3 for the firework; and
	(b)	if any other condition mentioned in column 3 for the firework is met.
Note	General use fireworks are exempt explosives, and are taken to be authorised explosives (see div 2.2.1).
	(2)	A declaration under table 259.1 item 6 is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Table 259.1	General use fireworks
column 1
item	column 2
kind of firework	column 3
maximum quantity of pyrotechnic substance etc	
1	amorce	0.0075g	
2	cap	0.0075g	
3	party popper	0.03g	
4	snap for a bonbon	0.03g	
5	sparkler		(a)	10g pyrotechnic substance for any individual sparkler; and
	(b)	100g total pyrotechnic substance for all sparklers in same package; and
	(c)	450mm in length; and
	(d)	designed to be held in the hand; and
	(e)	does not contain magnesium, chlorate or perchlorate	
6	any other kind of firework declared by the Minister in writing to be a general use firework	any conditions stated by the Minister in the declaration (for example, fixing a maximum quantity of pyrotechnic substance)	
260	Consumer fireworks
For these regulations, each of the fireworks mentioned in table 260.1, column 2 is a consumer firework if the quantity of pyrotechnic substance in the firework, or in a part of the firework, is no more than the quantity mentioned in column 3 for the firework or part.
Note	To be supplied by retail to consumers during the Queen’s birthday supply period, consumer fireworks must be authorised under the regulations (see div 2.2.1) and registered for Queen’s birthday supply under div 2.2.4. For further requirements about the supply and use of consumer fireworks, see pt 3.3.
Table 260.1	Consumer fireworks
column 1
item	column 2
kind of firework	column 3
maximum quantity of pyrotechnic substance	
1	fountain	60g	
2	ground spinner	20g	
3	helicopter
Note	Helicopters are also known as fliers and aerial spinners.	20g	
4	mine		(a)	60g in total; and
	(b)	for lift charge—20g; and
	(c)	for each star—5g	
5	multishot cake		(a)	60g in total; and
	(b)	for each tube—10g	
6	novelty	5g	
7	snake	2g	
	Note	Snakes are also known as glow worms.	
8	wheel		(a)	60g in total; and
	(b)	for each driver—20g	
261	Prohibited fireworks
For these regulations, each of the fireworks mentioned in table 261.1, column 2 is a prohibited firework—
	(a)	if any dimensions of the firework are greater than those stated for the firework in column 3; or
	(b)	if any other condition mentioned in column 3 for the firework is met.
Note 1	Prohibited fireworks cannot be authorised (see reg 29 (2) and 32 (3) (a)).
Note 2	Any firework (whether or not it is a prohibited firework) that is not authorised is a prohibited explosive (see reg 27 (1)).
Table 261.1	Prohibited fireworks
column 1
item	column 2
kind of firework	column 3
dimension etc	
1	any individual cracker, whether or not in a string		(a)	length—45mm; and
	(b)	external diameter—10mm	
2	any individual cracker, whether or not in a string	if the cracker is designed to be ignited by striking part of the cracker against another surface (for example, match crackers and strike bungers)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).	
3	string of crackers	if the crackers contain a roll or rolls of crackers designed to initiate simultaneously	
4	aerial shell, other than a salute shell	diameter—300mm	
5	salute shell	diameter—75mm	

Part 3.2	General use fireworks
262	General use fireworks—ch 3 does not apply
This chapter, other than this part, does not apply to general use fireworks.
263	Use in accordance with instructions
	(1)	If a person uses a general use firework the person must use it in accordance with any instruction written on, or provided with, the firework.
Maximum penalty:  5 penalty units.
Example of written instruction
an instruction provided with a package of sparklers (which are general use fireworks) that states ‘Keep burning end or sparks away from clothing or other flammable material’
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this regulation is a strict liability offence.

Part 3.3	Consumer fireworks
Division 3.3.1	Preliminary
264	Consumer fireworks definitions
In these regulations:
consumer, for this part—see regulation 266.
consumer fireworks authorised receipt—see regulation 278.
consumer fireworks licence means a licence issued for this part authorising the retail supply of consumer fireworks and storage of consumer fireworks for retail supply.
identification papers, for a person, means a document, or a number of documents taken together, that—
	(a)	show the person’s age; and
	(b)	show a residential address for the person; and
	(c)	contain a photograph that could reasonably be taken to be of the person.
Example of identification papers
a proof of age card under the Liquor Act 1975, s 175, together with a bank statement showing the card-holder’s residential address
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
primary authorised user, of consumer fireworks—see regulation 294 (Authority for using consumer fireworks).
Queen’s birthday supply—see regulation 28.
Queen’s birthday supply period—see regulation 274.
Queen’s birthday weekend use period—see regulation 295.
supplier, for this part—see regulation 266.
supply, for this part—see regulation 265.
265	Meaning of supply for pt 3.3
In this part—
supply, of consumer fireworks, means the retail supply of the fireworks.
Note	This restricts the ambit of the Act, dict, def supply, for this part, but does not exclude the Act definition.
266	Application of pt 3.3
This part applies in relation to—
	(a)	anyone who holds a consumer fireworks licence; and
	(b)	the supply, or purported supply, of consumer fireworks by a person (a supplier) to a member of the public (a consumer); and
	(c)	the storage of consumer fireworks for the purpose of supply; and
	(d)	the use of consumer fireworks by consumers.
Division 3.3.2	Consumer fireworks supply and storage—general
267	Authority to supply and store consumer fireworks
	(1)	A person is authorised to supply a consumer firework if the person—
	(a)	holds a consumer fireworks licence authorising the supply of the firework; or
	(b)	is an individual engaged (as an employee or contractor) to supply the firework under the supervision of a person who holds a consumer fireworks licence.
	(2)	A person is authorised to store a consumer firework for supply only if the person is authorised under a consumer fireworks licence to do so.
	(3)	A licence that authorises the storage of a consumer firework for supply authorises the storage by—
	(a)	the licensee; and
	(b)	any individual engaged (as an employee or contractor) to supply or store the firework under the supervision of a person who holds a consumer fireworks licence.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Fireworks are dangerous substances because they are explosives.
Note 2	A person who supplies or stores a consumer firework without authorisation may commit an offence against the Act, pt 5.1.
268	Reasonable steps for supplying and storing consumer fireworks—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the supply or storage of consumer fireworks, consideration must be given to whether the requirements under this part have been complied with in relation to the supply or storage.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
269	Person in control of supplying and storing consumer fireworks—Act, s 17 (1) (e)
For the Act, the holder of a consumer fireworks licence is a person in control of all of the following in relation to the supply and storage of an explosive under the licence:
	(a)	the handling of the explosive;
	(b)	the premises from where the explosive is supplied, and where it is stored;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plant, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
Division 3.3.3	Consumer fireworks licences
270	Consumer fireworks licence applications—Act, s 50 (2)
An application for a consumer fireworks licence must include the following information and documents:
	(a)	the name and address of the applicant;
	(b)	the address of each premises from which the fireworks are to be supplied;
	(c)	documentation describing a safety management system for the supply and storage of consumer fireworks under the authority of the licence;
	(d)	details of how consumer fireworks are to be stored and supplied at those premises;
	(e)	details of training to be provided to suppliers;
	(f)	any other information or documents required by a form for the application approved under the Act, section 222.
271	Consumer fireworks licence conditions—s 53 (2) (b)
The following conditions apply to each consumer fireworks licence in relation to the Queen’s birthday supply period for which the licence is issued:
	(a)	only consumer fireworks (registered consumer fireworks) that are registered under division 2.2.4 for Queen’s birthday supply during that period may be supplied under the licence;
	(b)	only fireworks that are registered consumer fireworks during that period may be stored under the licence;
	(c)	the licensee must establish and maintain a safety management system for the supply and storage of consumer fireworks under the licence;
	(d)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the supply and storage of consumer fireworks under the authority of the licence.
Note 1	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Note 2	Consumer fireworks are registered for Queen’s birthday supply only during the Queen’s birthday supply period. Registration ends, as does the supply period, at 5 pm on the last day of the supply period. See reg 40.
Note 2	Reg 286 prohibits storage of consumer fireworks under a consumer fireworks licence outside the period beginning 2 days before the Queen’s birthday supply period and ending at 5 pm on the 2nd day after the end of the Queen’s birthday supply period.
272	Term of consumer fireworks licence—Act, s 54 (2)
A consumer fireworks licence may not be issued for longer than 1 year.
Division 3.3.4	Supply of consumer fireworks
273	Training for suppliers of consumer fireworks
The holder of a consumer fireworks licence must ensure that all suppliers of consumer fireworks under the authority of the licence receive training in the following:
	(a)	the law about the supply of fireworks;
	(b)	the safe handling of fireworks;
	(c)	emergency procedures relating to the handling of fireworks.
Examples for par (a)
1	restrictions on who may be supplied with consumer fireworks
2	the requirement to give authorised receipts to consumers to whom consumer fireworks are supplied
3	record-keeping requirements
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
274	Supply during Queen’s birthday supply period
	(1)	A person must not supply consumer fireworks at any time outside the period in each year (the Queen’s birthday supply period) that—
	(a)	starts at 8 am on the first Monday in June; and
	(b)	ends at 5 pm on the second Monday in June.
Maximum penalty:  20 penalty units.
Note	The 2nd Monday in June is an annual public holiday for the Queen’s birthday (see Holidays Act 1958, s 3 (1) (a) (viii)).
	(2)	An offence against this regulation is a strict liability offence.
275	Advertising—Queen’s birthday supply period etc
	(1)	This regulation applies if a person (an advertiser) places an advertisement with someone else (a publisher) for the supply of consumer fireworks in a particular year.
	(2)	The publisher must not publish the advertisement—
	(a)	unless the advertiser produces to the publisher—
	(i)	a consumer fireworks licence authorising the supply of the consumer fireworks as advertised; or
	(ii)	a copy of such a licence certified by the licensee to be genuine; or
	(b)	if the publication takes place more than 7 days before the start, or any time after the end, of the Queen’s birthday supply period in that year; or
	(c)	the advertisement does not comply with subregulation (3).
Maximum penalty:  30 penalty units.
	(3)	The advertisement must include all of the following information in a written or oral statement:
	(a)	the number of the consumer fireworks licence under which the fireworks are to be supplied;
	(b)	the dates, days and times of the Queen’s birthday supply period for that year;
	(c)	a statement that it is illegal for unauthorised members of the public to supply consumer fireworks to anyone in that year before the start of the Queen’s birthday supply period;
	(d)	a statement that it is illegal to use consumer fireworks in that year except during the Queen’s birthday weekend use period;
	(e)	a statement that it is illegal to supply consumer fireworks to anyone who is not an adult ACT resident.
	(4)	An offence against this regulation is a strict liability offence.
	(5)	In this regulation:
advertisement, for the supply of fireworks, means any form of communication to the public that promotes the supply.
Examples of forms of communication to the public
1	a newspaper, radio or television advertisement or announcement
2	a poster displayed on a billboard in a public place
3	a poster displayed in a shop window that may be viewed from a public place
4	an announcement published on the internet
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
276	Display of consumer fireworks for supply
	(1)	A person must not display consumer fireworks to the public for supply if—
	(a)	the supply of the fireworks is not authorised under a consumer fireworks licence or these regulations; or
	(b)	the display does not include a notice clearly stating the number of a consumer fireworks licence under which the supply is authorised; or
	(c)	the fireworks are displayed outside the Queen’s birthday supply period.
Maximum penalty:  30 penalty units.
	(2)	A person must not display consumer fireworks to the public for supply unless the fireworks are in a display cabinet that—
	(a)	is kept locked while the cabinet is unattended; and
	(b)	is not accessible to anyone except the supplier; and
	(c)	does not form part of a window display; and
	(d)	is clean; and
	(e)	does not contain anything except packaged consumer fireworks.
Maximum penalty:  10 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
277	Supply to children and non-ACT residents of consumer fireworks prohibited
	(1)	A supplier must not supply consumer fireworks to a consumer if the consumer does not satisfy the supplier that the consumer is an adult and lives in the ACT by showing identification papers.
Maximum penalty:  30 penalty units.
Note	An adult is an individual who is at least 18 years old (see Legislation Act, dict, pt 1).
	(2)	Subregulation (1) does not limit the circumstances in which a supplier may refuse to supply consumer fireworks.
	(3)	An offence against this regulation is a strict liability offence.
278	Consumer fireworks authorised receipts
	(1)	If consumer fireworks are supplied to a consumer, the supplier must give the consumer a receipt (a consumer fireworks authorised receipt) including the following:
	(a)	the licensee’s name and licence number;
	(b)	the date of the sale;
	(c)	the consumer’s name and residential address in the ACT;
	(d)	details of the identification papers shown by the consumer to the supplier;
	(e)	details of the kind and quantity of fireworks supplied;
	(f)	the location (or locations) in the ACT of the intended use of the fireworks;
	(g)	the consumer’s signature;
	(h)	any other information or documents required by the form for a receipt approved under the Act, section 222.
Note	The supplier must refuse to supply consumer fireworks to a consumer if the consumer does not produce identification papers showing that the consumer is an adult and lives in the ACT (see reg 277).
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
279	Misrepresentation about fireworks
	(1)	A person must not, during a Queen’s birthday supply period—
	(a)	supply something to a consumer that is not—
	(i)	a consumer firework; and
	(ii)	authorised for supply under a consumer fireworks licence; and
	(b)	represent the thing to be—
	(i)	a consumer firework; or
	(ii)	authorised for supply under a consumer fireworks licence.
Maximum penalty:  30 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
Division 3.3.5	Labelling—consumer fireworks
280	Requirement to obtain wholesaler’s assurance for consumer fireworks etc
	(1)	The holder of a consumer fireworks licence (a licensee) who obtains packaged consumer fireworks from someone else for supply must obtain a written assurance given by the importer or wholesale supplier of the fireworks that each consumer firework packed is labelled in accordance with this division.
	(2)	If a licensee is responsible for packaging any consumer fireworks that are to be supplied under the authority of the licence, the licensee must ensure that each consumer firework packed is labelled in accordance with this division.
281	Where consumer fireworks labels must be fixed
The label for a consumer firework required by this division must be—
	(a)	fixed on the firework itself; or
	(b)	if the firework is too small for a legible label to be fixed on it—fixed to the package containing the firework, or, if the firework is contained in 2 or more packages, to the inner package.
282	Information on consumer fireworks labels
	(1)	A consumer firework must have a label fixed to it that includes the following information:
	(a)	a short description of the principal effect of the firework after ignition;
	(b)	short instructions for use, with warnings appropriate for the particular firework, including for each firework the words ‘light fuse and retreat at least 5 metres’;
	(c)	the words ‘consumer firework’.
	(2)	The text of the label must be—
	(a)	expressed in plain language; and
	(b)	unambiguous.
	(3)	The text, and any graphics, on the label must—
	(a)	be legible; and
	(b)	appear against a contrasting background.
Division 3.3.6	Packaging and safety instructions—consumer fireworks
283	Sealed packaging for consumer fireworks
	(1)	A supplier may supply consumer fireworks to consumers only if the fireworks are in sealed packages that comply with this regulation.
	(2)	Each package of consumer fireworks must—
	(a)	be sealed so that it is plainly evident when the seal is broken; and
	(b)	be a bag constructed from flexible plastic sheeting no less than 100μm thick; and
	(c)	be labelled with—
	(i)	a list of the contents of the package; and
	(ii)	the licensee’s name and licence number; and
	(d)	include a notice with the instructions required by regulation 284 inside the package, so that the safety instructions for the matters mentioned in table 284.1, items 1 and 2 are readable without opening the package.
284	Safety instructions for consumer fireworks
The safety instructions to be included in a package of consumer fireworks must include safety instructions for the matters mentioned in table 284.1, column 3 for each activity mentioned in column 2.
Table 284.1	Further information to be supplied with consumer fireworks
column 1
item	column 2
activity	column 3
safety instructions	
1	carrying consumer fireworks in vehicles		(a)	safe location within the vehicle
	(b)	safe securing fireworks within vehicle
	(c)	safe segregation and separation of the fireworks from other substances and things in the vehicle	
2	storing consumer fireworks		(a)	safe segregation and separation of the fireworks from other substances and things
	(b)	safe separation from ignition sources
	(c)	keeping the fireworks in a locked container
	(d)	keeping the fireworks away from children
	(e)	keeping the fireworks away from food	
3	use of consumer fireworks		(a)	safe setting-up procedures
	(b)	safe ignition procedures
	(c)	safe observation distances
	(d)	fire safety precautions
	(e)	misfire procedures
	(f)	disposal procedures for misfired and unused fireworks
	(g)	clean-up procedures	
Division 3.3.7	Storage of consumer fireworks
285	Application of div 3.3.7
This division applies to the storage of consumer fireworks under a consumer fireworks licence.
Note	The following provisions of the regulations apply to the storage of consumer fireworks otherwise than under a consumer fireworks licence:
·	reg 296 (User storage of consumer fireworks)—storage for personal use
·	reg 329 (On-site storage—outdoor displays)—storage under a fireworks display permit
·	pt 2.7 (Storing explosives)—storage under a storage licence, or exempt storage
286	Consumer fireworks storage—place, time and quantity
A consumer firework may be stored under the licence only —
	(a)	at premises stated in the licence from which the fireworks are to be supplied; and
	(b)	in the period beginning 2 days before the Queen’s birthday supply period and ending 2 days after the end of the period; and
	(c)	in a quantity, stated in the licence, of no more than 200kg.
Note	Consumer fireworks may not be supplied by retail, or displayed to the public for retail supply, at any time outside the Queen’s birthday supply period (see reg 276).
287	Consumer fireworks storage—premises
	(1)	A person must not store a consumer firework under the licence at premises if—
	(a)	explosives are stored at the premises other than consumer fireworks or general use fireworks; or
	(b)	the premises are used for handling flammable substances in bulk.
Maximum penalty:  30 penalty units.
Example of premises for par (b)
service stations
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this regulation is a strict liability offence.
288	Consumer fireworks—storage and packaging
	(1)	A person must not store a consumer firework under the licence otherwise than in a sealed package that complies with regulation 283 (Sealed packaging for consumer fireworks).
Maximum penalty:  30 penalty units.
	(2)	A person must not do any of the following while a consumer firework is stored under the licence:
	(a)	open a sealed package containing the firework;
	(b)	pack or repack the firework.
Maximum penalty:  30 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
289	Consumer fireworks—place of storage
	(1)	A person must store a consumer firework under the licence—
	(a)	away from windows; and
	(b)	away from any source of ignition; and
	(c)	away from any area accessible by the public; and
	(d)	in a cabinet or room that is kept locked at all times except when necessary to take in or remove consumer fireworks.
Maximum penalty:  10 penalty units.
	(2)	This regulation does not apply if the consumer firework is stored in a display cabinet that complies with regulation 276 (2) (Display of consumer fireworks for supply).
	(3)	An offence against this regulation is a strict liability offence.
Division 3.3.8	Consumer fireworks records
290	Delivery receipts—consumer fireworks
	(1)	A person who consigns consumer fireworks for delivery to the holder of a consumer fireworks licence must ensure that the licensee is given a delivery receipt showing the following:
	(a)	the date of delivery;
	(b)	the kinds and quantities of fireworks delivered.
Maximum penalty:  20 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
	(3)	Compliance with subregulation (1) is a condition of the licence under the authority of which the consumer fireworks are imported for or otherwise supplied to the holder of the consumer fireworks licence.
291	Delivery records—consumer fireworks
	(1)	If the holder of a consumer fireworks licence takes delivery of a consignment of consumer fireworks, the licensee must, whether or not the licence continues in force, keep for at least 3 years—
	(a)	the delivery receipt given under regulation 290; or
	(b)	if the receipt is not kept—a record showing the following:
	(i)	the date of the delivery;
	(ii)	the kinds and quantities of fireworks delivered;
	(iii)	an explanation of why the receipt is not kept.
Maximum penalty:  20 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
292	Supply records—consumer fireworks
	(1)	Within 5 business days after the end of the Queen’s birthday supply period, the holder of a consumer fireworks licence must give the chief executive—
	(a)	a copy of each consumer fireworks authorised receipt issued under the authority of the licence; and
	(b)	a report accounting for all consumer fireworks delivered to the licensee; and
	(c)	all remaining blank forms of consumer fireworks authorised receipts held by the licensee.
Maximum penalty:  20 penalty units.
	(2)	The licensee must keep an additional copy of each consumer fireworks authorised receipt issued under the licence for at least 3 years after the day the receipt is issued, whether or not the licence continues in force.
Maximum penalty:  10 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
Division 3.3.9	Use of consumer fireworks
293	Application of div 3.3.9
This division does not apply to a person who is authorised to use consumer fireworks under a licence.
Note	A display operator’s licence or a fireworks display permit (which is a licence for the Act and these regulations) may authorise the use of consumer fireworks.
294	Authority for using consumer fireworks
	(1)	A person (a primary authorised user) is authorised to use consumer fireworks if the person—
	(a)	is an adult; and
	(b)	lives in the ACT; and
	(c)	holds a consumer fireworks authorised receipt for the fireworks.
	(2)	A person is also authorised to use consumer fireworks if the person uses the fireworks under the direct supervision of a primary authorised user.
Note 1	Fireworks are dangerous substances because they are explosives.
Note 2	A person who uses a consumer firework without authorisation may commit an offence against the Act, s 79 (Unauthorised use of certain dangerous substances).
295	Consumer fireworks use on Queen’s birthday weekend
	(1)	A person must not use consumer fireworks except between 5 pm and 10 pm on the following days (the Queen’s birthday weekend use period):
	(a)	the 2nd Monday in June;
	(b)	the Saturday and Sunday immediately before that Monday.
Maximum penalty:  30 penalty units.
Note	The 2nd Monday in June is an annual public holiday for the Queen’s birthday (see Holidays Act 1958, s 3 (1) (a) (viii)).
	(2)	An offence against this regulation is a strict liability offence.
296	User storage of consumer fireworks
	(1)	A primary authorised user of consumer fireworks must ensure that before the fireworks are used, they are—
	(a)	kept in the sealed package in which they were supplied; and
	(b)	stored in accordance with the instructions given by the supplier under division 3.3.6 (Packaging and safety instructions—consumer fireworks).
Maximum penalty:  20 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
297	How to use consumer fireworks
A primary authorised user of consumer fireworks must ensure that they are used—
	(a)	so as not to endanger any person or damage any property; and
	(b)	in accordance with the information given by the supplier under division 3.3.6 (Packaging and safety instructions—consumer fireworks).
Maximum penalty:  20 penalty units.
	(2)	An offence against this regulation is a strict liability offence.

Part 3.4	Fireworks displays
Division 3.4.1	Preliminary
298	Application of pt 3.4
	(1)	This part applies to the use of fireworks for fireworks displays.
	(2)	However, this part does not apply in any of the following circumstances:
	(a)	use of a firework by an inspector or police officer exercising a function under the Act;
	(b)	use of a consumer firework authorised under regulation 294.
Note	This part also does not apply to the use of general use fireworks (see reg 262).
299	Fireworks display definitions
In these regulations:
display operator licence means a licence issued under this part authorising the use of fireworks for fireworks displays.
display site, for a fireworks display authorised by a fireworks display permit, means the immediate area of the display and the area under the direct control of the permit-holder, including all of the following:
	(a)	the point of ignition;
	(b)	the fall-out area;
	(c)	the area within the largest applicable minimum distance (under regulation 327 (Separation distances for fireworks displays)) from all viewing areas and any protected works.
effective barrier means—
	(a)	a fence, cordon or similar device; or
	(b)	a body of water or other natural barrier; or
	(c)	any other way stated in a fireworks display permit of ensuring that separation distances are complied with for the use of fireworks under the permit.
fireworks display means a display of fireworks, whether indoors or outdoors, and includes the testing of fireworks for fireworks displays.
Examples
1	an outdoor display of fireworks in association with a public event such as the Canberra Show or an outdoor entertainment (eg a game of football at Canberra Outdoor Stadium)
2	use of theatrical fireworks indoors at a theatre for the performance of a children’s pantomime
3	an outdoor display of Chinese firecrackers to celebrate Chinese New Year
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
fireworks display permit, for a fireworks display, means a licence issued for this part authorising the conduct of the display.
ground display fireworks means fireworks that—
	(a)	primarily function on the ground; and
	(b)	project stars, novelty effects or other effects above the ground.
Division 3.4.2	Using fireworks for fireworks displays—general
300	Authority to use fireworks for fireworks displays 
	(1)	A person is authorised to use a firework for a fireworks display if the person—
	(a)	holds a display operator licence authorising the use of the firework for fireworks displays; or
	(b)	holds a fireworks display permit authorising the use of the firework for the display; or
	(c)	is an individual engaged (as an employee or contractor) to use the firework for the display under the supervision of a person who holds a display operator licence or a fireworks display permit authorising the use of the firework for a fireworks display.
Note	A person who uses a firework without authorisation may commit an offence against the Act, pt 5.1.
	(2)	However, a person is authorised to use a firework for a fireworks display only if its use is for a display in accordance with these regulations that is authorised by a fireworks display permit.
Note	Div 3.4.4 (Fireworks display permits) includes a number of restrictions on the times, places and types of fireworks displays that may be conducted under fireworks display permits.
301	Operator licence or display permit to be produced
A person who holds a display operator licence or a fireworks display permit must—
	(a)	carry the licence or permit at all times when using, or preparing to use, the fireworks authorised to be used under the licence or permit; and
	(b)	produce the licence or permit when asked to do so by an inspector, police officer or firefighter.
302	Reasonable steps for supplying and storing consumer fireworks—Act, s 16 (2) (e)
For the Act, in working out whether reasonable steps have been taken in relation to a risk that may arise directly or indirectly from the handling of fireworks for a fireworks display, consideration must be given to whether the requirements under this part have been complied with in relation to the supply or storage.
Note 1	Risk is defined (in the Act, s 15 (2)) as the likelihood of death or harm to a person, or damage to property or the environment, from a hazard (Hazard is defined in the Act, s 15 (1).).
Note 2	The Act requires reasonable steps to be taken in relation to risks in a number of different contexts (eg throughout pt 3.1 (Safety duties)). The Act, s 16 (2) (a) to (d) lists a number of criteria for working out whether reasonable steps have been taken in relation to a risk. The Act, s 16 (2) (e) enables regulations to be made to add to the list.
303	Person in control of fireworks displays—Act, s 17 (1) (e)
For the Act, the holder of a display operator licence or a fireworks display permit is a person in control of all of the following in relation to the handling of a firework under the licence or permit for a fireworks display:
	(a)	the handling of the firework;
	(b)	the display site;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of dangerous substances. An explosive is a dangerous substance.
Division 3.4.3	Display operator licences
304	Display operator licence applications—Act, s 50 (2)
An application for a display operator licence must include the following information and documents:
	(a)	the name, address and date of birth of the applicant;
	(b)	2 passport photographs of the applicant;
	(c)	documentation describing a safety management system for the use of fireworks under the licence for fireworks displays;
	(d)	details of any training course that the applicant has attended in the use of fireworks, and evidence that the applicant passed the course, or met an applicable standard of competency because of the course;
	(e)	details of the kinds of fireworks the applicant intends to use in fireworks displays, including the maximum size of each kind of firework;
	(f)	details of any special effects or procedures using fireworks or pyrotechnic substances that the applicant intends to use in fireworks displays;
	(g)	details of the applicant’s experience and knowledge in using the kinds and sizes of fireworks that the applicant intends to use in fireworks displays;
	(h)	any other information or documents required by a form for an application approved under the Act, section 222.
305	Suitable people to hold display operator licences—Act, s 49 (1) (h)
	(1)	For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a display operator licence include the following:
	(a)	whether the person is an individual;
	(b)	whether the person has demonstrated adequate knowledge and experience of the following matters (the licence criteria):
	(i)	safety in the use of fireworks of the kind and size stated in the application;
	(ii)	the requirements of these regulations that relate to fireworks displays.
	(2)	For subregulation (1), an applicant is taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant meets 1 or more of the following conditions, required by the chief executive:
	(a)	the person has passed an examination approved in writing by the chief executive to test the applicant’s knowledge of the licence criteria;
	(b)	the person has—
	(i)	attended a training course approved in writing by the chief executive on the use of fireworks for fireworks displays; and
	(ii)	passed the course, or met an applicable standard of competency to the satisfaction of the chief executive because of the course; and
	(iii)	demonstrated suitable practical experience in the use for fireworks displays of the fireworks intended to be used under the licence, to the satisfaction of the chief executive;
	(c)	the person has demonstrated suitable practical experience in the use for fireworks displays of the fireworks intended to be used under the licence, to the satisfaction of the chief executive.
	(3)	A person is also taken to have demonstrated adequate knowledge and experience of the licence criteria if the person holds a qualification relating to the use of fireworks issued outside the ACT that is approved in writing by the chief executive.
	(4)	An approval under this regulation is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	Additional criteria apply to the issue of the licence (see the Act, pt 4.2).
306	Display operator licence conditions—Act, s 53 (2) (b)
	(1)	The following conditions apply to each display operator licence:
	(a)	only authorised fireworks may be used under the licence;
	(b)	the licensee must establish and maintain a safety management system for the use of fireworks under the licence for fireworks displays;
	(c)	the licensee must—
	(i)	comply with the obligations imposed directly on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the use of fireworks under the licence for fireworks displays.
	(2)	If a person holds a display operator licence as well as a fireworks display permit, an obligation that applies to the person under this part in either capacity is taken to be a condition of both the licence and the permit.
Note	Display operator licences and fireworks display permits are all licences under the Act. The holder of a licence or permit who fails to comply with a condition of the licence or permit may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Division 3.4.4	Fireworks display permits
307	Fireworks display permit applications—Act, s 50 (2)
	(1)	An application for a fireworks display permit must include the following information and documents in relation to the fireworks display for which the permit is sought:
	(a)	the name, address and date of birth of the applicant;
	(b)	the number of—
	(i)	the display operator licence (if any) held by the applicant; and
	(ii)	any authority to use fireworks held by the applicant that is issued under a corresponding law;
	(c)	the time and date of the display;
	(d)	if the applicant holds a display operator licence—documentation describing the safety management system established for the licence, adapted, if necessary to show how the system will apply to the display;
	(e)	the name, address and telephone number of the person or organisation sponsoring the display;
	(f)	details of insurance arrangements in relation to the display, including professional indemnity and public liability insurance arrangements;
	(g)	the location of the display, its potential community impact and its potential impact on the surrounding areas;
	(h)	details of any approval to use unleased national or Territory land that is required under a law of the Commonwealth or the Territory for the conduct of the display;
	(i)	for an outdoor fireworks display—neighbouring resident notification arrangements;
	(j)	public notification arrangements;
	(k)	police, fire and emergency services authorities notification arrangements;
	(l)	the kind, size and quantity of fireworks to be used;
	(m)	details of any special effects or procedures using fireworks or pyrotechnic substances that the applicant intends to use in the display;
	(n)	fireworks site storage arrangements;
	(o)	site security and public control arrangements during the setting up, operation and dismantling of the display;
	(p)	public safety arrangements and separation distances;
	(q)	if the applicant does not hold a display operator licence—the details required by subregulation (2);
	(r)	any other information or documents required by a form for the application approved under the Act, section 222.
	(2)	In addition, if the applicant does not hold a display operator licence, the application must include the following information;
	(a)	the date of birth of the applicant;
	(b)	2 passport photographs of the applicant;
	(c)	details of any training course that the applicant has attended in the use of fireworks, and evidence that the applicant passed the course, or met an applicable standard of competency because of the course;
	(d)	details of the applicant’s experience and knowledge in using the kinds and sizes of fireworks that the applicant intends to use in fireworks displays;
	(e)	documentation describing a safety management system for the conduct of fireworks displays under the permit.
308	Suitable people to hold fireworks display permits—Act, s 49 (1) (h)
	(1)	For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a fireworks display permit include the following:
	(a)	whether the person holds a display operator licence;
	(b)	if the person does not hold a display operator licence—if the person has demonstrated adequate knowledge and experience of—
	(i)	safety in the use of fireworks of the kind and size to be used in the display or displays for which the permit is sought; and
	(ii)	the requirements of these regulations that relate to fireworks displays.
	(2)	For subregulation (1), the chief executive must have regard to any relevant qualifications held by the applicant.
309	Fireworks display permits—prescribed conditions for Act, s 53 (2) (b)
	(1)	The following conditions apply to each fireworks display permit:
	(a)	only authorised fireworks may be used under the permit;
	(b)	the permit-holder must establish and maintain a safety management system for the use of fireworks under the permit;
	(c)	the permit-holder must—
	(i)	comply with the obligations imposed directly on the permit-holder under this part; and
	(ii)	ensure that this part is complied with in relation to the use of fireworks under the permit for fireworks displays.
	(2)	If a person holds a display operator licence as well as a fireworks display permit, an obligation that applies to the person under this part in either capacity is taken to be a condition of both the licence and the permit.
Note	Display operator licences and fireworks display permits are licences under the Act. The holder of a licence or permit who fails to comply with a condition of the licence or permit may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
310	Insurance requirements
A fireworks display may not be conducted unless the chief executive is satisfied that there is adequate insurance coverage, including professional indemnity and public liability insurance.
311	Multiple fireworks displays—general
A separate fireworks display permit is required for every fireworks display, unless the chief executive approves 2 or more displays under a single permit in accordance with regulation 312.
312	Multiple fireworks displays—theatrical events etc
The chief executive may approve 2 or more fireworks displays under a fireworks display permit if satisfied that—
	(a)	the displays are to be conducted as part of the rehearsal and production of a theatrical or similar event; and
	(b)	the displays are all to be conducted at the same place; and
	(c)	the same types and quantities of fireworks and pyrotechnic effects are to be used for each display; and
	(d)	the fireworks and pyrotechnic effects are to be used in the same context in each display.
313	Time and place restrictions for outdoor displays
	(1)	An outdoor fireworks display must not be conducted unless it is—
	(a)	conducted as permitted under this regulation; or
	(b)	approved by the chief executive under regulation 313.
Note	A person is authorised to use a firework for a fireworks display only if its use is for a display in accordance with the regulations that is authorised by a fireworks display permit (see reg 300 (2)).
	(2)	An outdoor fireworks display may be conducted, subject to this part, only on the following days and at the following times:
	(a)	Fridays, Saturdays and public holidays, between 5 pm and 10 pm;
	(b)	31 December in any year, between 5 pm and 12 pm;
	(c)	1 January in any year, between 12 am and 12.30 am.
	(3)	An outdoor fireworks displays must not be conducted on land leased for residential purposes.
314	Chief executive approval of fireworks displays—special celebrations
	(1)	The chief executive may approve an outdoor fireworks display for an event at a time, on a day, and at a place, stated in the fireworks display permit for the display, appropriate for the celebration of the event.
Examples of events
1	Chinese New Year celebrations
2	sporting events
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In deciding whether to approve an outdoor fireworks display under subregulation (1), the chief executive must have regard to the noise nuisance to anyone who lives near the place of the display, or who is likely to be nearby at the time of the display.
Division 3.4.5	Notification of outdoor fireworks displays
315	Application of div 3.4.5
This division applies if the holder of a fireworks display permit proposes to conduct an outdoor fireworks display authorised by the permit.
316	Public notice for outdoor displays
	(1)	The permit-holder must ensure that, within the notification period, there is published in a daily newspaper circulating in the ACT a notice stating the date, time, duration and location of the proposed fireworks display.
	(2)	In this regulation:
notification period means between 3 and 7 days before the date for the proposed fireworks display.
317	Notification of police, fire and emergency services about outdoor displays
	(1)	The permit-holder must, no later than 7 days before the proposed date for the fireworks display, give notice to the police and fire authorities of the following details about the proposed display:
	(a)	the date, time, duration and location of the proposed display;
	(b)	any other information or documents required by a form for the notice approved under the Act, section 222.
	(2)	In this regulation:
police and fire authorities means all of the following:
	(a)	the chief police officer and the police officer in charge of the police station closest to the location of the proposed display;
	(b)	the fire commissioner or the chief fire control officer, whichever is appropriate.
Division 3.4.6	Management of fireworks displays—general 
318	Application of div 3.4.6
This division applies to a person who holds a fireworks display permit in relation to the conduct of any display (whether indoor or outdoor) authorised by the permit.
319	Supervision—fireworks displays
A fireworks display authorised by the permit must be conducted under the direct supervision of the permit-holder.
320	Fire protection—fireworks displays
	(1)	Adequate resources for fire prevention and a suitable means of firefighting must be available at the display site.
	(2)	Before the display starts, all easily ignitable material at the display site must, as far as practicable, be—
	(a)	removed from the display site; or
	(b)	reduced; or
	(c)	treated to reduce the risk of fire.
321	Sources of ignition—fireworks displays
	(1)	A person must not bring a source of ignition, or permit a source of ignition to be brought, within 10m of fireworks to be used for a fireworks display authorised by the permit.
Maximum penalty:  30 penalty units.
Example of a source of ignition
a lit cigarette
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Subregulation (1) does not apply to a source of ignition necessary to fire the fireworks.
	(3)	An offence against this regulation is a strict liability offence.
322	Keys for electrical firing—fireworks displays
	(1)	If fireworks are to be fired electrically—
	(a)	if the firing unit includes a key-operated switch—the key must remain in the control of the permit-holder at all times; or
	(b)	if the firing unit does not include a key-operated switch—
	(i)	the firing unit must be kept in a locked receptacle; and
	(ii)	the key for the receptacle must remain in the control of the holder of the display permit at all times.
	(2)	When testing electrical firing circuits, a person authorised under a fireworks display permit to operate the circuits must ensure that no-one else is present in the immediate area of the fireworks attached to the electrical firing unit.
Maximum penalty:  30 penalty units.
	(3)	An offence against this regulation is a strict liability offence.
323	Clean up—fireworks displays
	(1)	After the display—
	(a)	the display site must be inspected as soon as possible for any unfired firework; and
	(b)	all misfired and unexploded fireworks that are found must be disposed of in accordance with part 2.10 (Disposal of explosives); and
	(c)	all debris resulting from the handling of the fireworks must, as far as practicable, be cleared away and disposed of.
	(2)	Until subregulation (1) is complied with, the permit-holder must ensure that no-one enters the display site except a person authorised by the permit-holder. 
324	Malfunctions—fireworks displays
If a firework malfunctions and there is risk to the public—
	(a)	operations relating to the display must be stopped immediately; and
	(b)	the cause of the malfunction must be worked out; and
	(c)	the operations must not be resumed until—
	(i)	the cause of the malfunction is worked out; and
	(ii)	the malfunction has been corrected; and
	(iii)	it is safe to restart operations.
325	Reporting on displays
	(1)	The permit-holder must give the chief executive a report in accordance with subregulation (2) about each display authorised by the permit within 7 days after the date of the last display authorised by the permit.
	(2)	The report must include details of the following for each authorised display:
	(a)	any malfunction (including the causes of the malfunction);
	(b)	action taken to deal with any malfunction;
	(c)	any fireworks that did not ignite;
	(d)	any misfired fireworks;
	(e)	any fireworks that did not operate as intended (for example, an aerial shell that launched but did not ignite);
	(f)	any fireworks mentioned in the application for the permit that were not used;
	(g)	any delay or cancellation of the display (including the reason for the delay or cancellation);
	(h)	any variation in the conduct of the display from that described in the permit (including the reason for the variation).
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The permit-holder must, whether or not the permit continues in force, keep the permit and a copy of the report under this regulation for a period of 3 years after the date of the fireworks display (or the latest fireworks display) authorised by the permit.
Maximum penalty:  20 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
Division 3.4.7	Management of outdoor displays
326	Application of div 3.4.7
This division applies to a person who holds a fireworks display permit in relation to the conduct of any outdoor fireworks display authorised by the permit.
327	Separation distances—outdoor displays
	(1)	The place from which each kind of firework mentioned in table 327.1, column 2 is fired for the display must be no closer than the minimum separation distance worked out in accordance with the table, column 3 for the kind of firework from—
	(a)	anyone except the permit-holder or someone authorised by the permit-holder to handle the firework; and
	(b)	any of the following:
	(i)	a building or structure;
	(ii)	a place where dangerous substances are stored;
	(iii)	a route for traffic of any kind (for example, motor vehicle, bicycle or pedestrian traffic);
	(iv)	a place where it is proposed that people will assemble to view the display.
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Despite subregulation (1), the separation distances between people and property and the place where a firework is fired must be greater than the minimum required by that subregulation, if necessary to ensure—
	(a)	that the firework effects and any firework debris remain within the minimum stated separation distances; and
	(b)	the safety of anyone, or to avoid damage to any property, near the display.
Examples of increases in the minimum separation distances that may be required
1	increase to adjust for wind-drift
2	increase to adjust for the angle of a mortar used to fire the firework 
	(3)	Subregulation (1) is subject to any contrary condition stated in the permit.
Table 327.1	Separation distances for firing of fireworks
column 1
item	column 2
kind of fireworks	column 3
minimum distance	
1	lancework	10m	
2	fountains—
25mm or less maximum internal diameter	

20m	
3	fountains—
more than 25mm maximum internal diameter	

35m	
4	ground display fireworks, unless otherwise provided by this table	the greater of the following:
	(a)	1m per mm of internal diameter of firework;
	(b)	35m	
5	aerial shells, unless otherwise provided by this table	the greater of the following:
	(a)	1m per mm of diameter of firework;
	(b)	35m	
6	chain-fused fireworks (ground display or aerial)
Examples
1	a large multishot cake
2	a preloaded aerial barrage	twice the separation distance worked out under item 4 or 5	
7	multi-break aerial shells—less than 200mm diameter	separation distance worked out under item 5 for an aerial shell that is 25mm larger
Example
for a 100mm multi-break aerial shell—125m	
8	multi-break aerial shells—200mm diameter or more	separation distance worked out under item 5 plus 50%
Examples
1	for a 200mm diameter multi-break aerial shell—300m
2	for a 400mm diameter multi-break aerial shell—600m	
328	Barriers—outdoor displays
	(1)	Anyone except someone authorised by the holder of a display permit to handle display fireworks must be kept at a safe distance, by the use of an effective barrier or barriers, from—
	(a)	the ignition point; and
	(b)	the set-up point, if that is a different place.
Example of different ignition point and set-up point
fireworks set up on a barge which is then towed to the ignition point
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The barriers must be patrolled and secured to ensure no unauthorised access.
	(3)	The barriers for the firing point must not be closer to the firing point than the greatest minimum separation distance required under regulation 327.
	(4)	Conspicuous notices must be displayed, or announcements must be made, warning unauthorised people not to enter the barricaded area.
329	On-site storage—outdoor displays
	(1)	This regulation applies to fireworks stored for use by the permit-holder in the conduct of the display, if the fireworks are stored at—
	(a)	the display site; or
	(b)	another place stated in the permit for setting up the display.
Example for par (b)
fireworks stored on or near a barge (remote from the display site) where a display is being set up before the barge is towed to the ignition point at the display site
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	This regulation applies during the period, as stated in the permit, required for setting up, conducting and dismantling the display.
	(3)	Fireworks must be stored under this regulation—
	(a)	in accordance with part 2.7 (Storing explosives); or
	(b)	securely aboard a road or rail vehicle in accordance with part 2.6 (Carrying explosives); or
	(c)	in a portable magazine.
	(4)	If the fireworks are stored in a portable magazine, the magazine must be no closer than the defined minimum separation distance from—
	(a)	anyone except the permit-holder or someone authorised by the permit-holder to handle the firework; and
	(b)	any of the following:
	(i)	a building or structure;
	(ii)	a place where dangerous substances are stored;
	(iii)	a route for traffic of any kind (for example, motor vehicle, bicycle or pedestrian traffic);
	(iv)	a place where it is proposed that people will assemble to view the display.
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	While fireworks are stored under this regulation, a person authorised under the permit must be present at all times at the place the fireworks are being stored.
	(6)	In this regulation:
defined minimum separation distance, for fireworks stored under this regulation, means the greater of the following:
	(a)	the greatest applicable separation distance under regulation 327 (Separation distances—outdoor displays);
	(b)	the greatest separation distance required under AS 2187.1 for the storage of fireworks of that kind.
Note	See AS 2187.1, s 3.
330	Firing aerial shells—outdoor displays
Aerial shells fired for the display must be fired—
	(a)	so as not to pass over spectators; and
	(b)	so that they break or explode over the display site; and
	(c)	so as not to come within 8m of any overhead object; and
	(d)	so that any misfired shell falls within the display site; and
	(e)	otherwise in accordance with the requirements of AS 2187.4 for the firing of aerial shells.
Note	See AS 2187.4, s 3.2.2
331	Mortar requirements—outdoor displays
	(1)	If a mortar is used for firing aerial shells—
	(a)	the mortar must be suitable for the purpose; and
	(b)	the mortar must be effectively stabilised to prevent adjacent mortars from being realigned during firing or because of any shell malfunctioning; and
	(c)	if the shells are greater than 150mm in diameter—
	(i)	the mortar must, if practicable, be buried to at least 2/3 of its length either in the ground, or in a container of sand; or
	(ii)	if it is not practicable to do so—any part of the mortar above ground must be surrounded with bags of sand to a width of at least 0.5m in all directions; and
	(d)	the mortar must otherwise be used in accordance with the requirements of AS 2187.4.
Note	See AS 2187.4, s 4.4.2.
	(2)	A mortar must not be reloaded during the conduct of a fireworks display.
	(3)	A metal mortar must not be used for firing fireworks.
332	Supporting structures—outdoor displays
Ground display fireworks and any supporting structures must be securely placed and firmly braced so that they will not fall over when the fireworks are fired.
333	Prevention of cross ignition—outdoor displays
Mortars and ground display fireworks must be protected or positioned to prevent fallout or burning particles igniting adjacent fireworks.
Division 3.4.8	Miscellaneous
334	Use of theatrical fireworks
	(1)	The only kind of fireworks that may be used for theatrical or similar purposes are theatrical fireworks.
	(2)	A theatrical firework may only be used for theatrical or similar purposes.
	(3)	A theatrical firework must not be used unless it is—
	(a)	manufactured in accordance with the Act (including these regulations); and
	(b)	used in accordance with the manufacturer’s instructions.
	(4)	A person who uses a theatrical firework must ensure that spectators remain at a safe distance.
	(5)	In this regulation:
theatrical firework, for a fireworks display under a fireworks display permit, means—
	(a)	loose poured flash powder; or
	(b)	a firework that is—
	(i)	fitted with, or adapted to, the use of an electrical ignition device; and
	(ii)	designed to be safe for indoor use for theatrical purposes; or
	(c)	another firework that has been adapted for theatrical use, if the permit authorises the use of the firework for the display.
335	Use of flash powder for fireworks displays
	(1)	Flash powder used for a fireworks display must not—
	(a)	be mixed with any other substance; or
	(b)	be used in a flash pot that has an opening the greatest width of which is less than 5 times the depth of the pot; or
	(c)	be subject to vibration; or
	(d)	be initiated by anything other than an electrical firing system.
	(2)	A flash pot for the firing of flash powder for the display must not—
	(a)	if the powder is used indoors—be placed near any entrance, exit or escape route from the premises where the display is to be conducted; or
	(b)	be placed within 3m of—
	(i)	any flammable materials; and 
	(ii)	anyone who is, or who may reasonably be expected to be, present in the vicinity of the display; or
	(c)	otherwise be placed in a way that would—
	(i)	ignite any flammable materials; or
	(ii)	otherwise present a risk to anyone’s health or safety, or risk damaging property.
	(3)	A person using flash powder—
	(a)	must, immediately before the powder is to be initiated, maintain a clear view of the area where the flash powder is to be used; and
	(b)	must not initiate the flash powder unless, having regard to all the circumstances, it is safe to do so.
Maximum penalty:  30 penalty units.
	(4)	An offence against this regulation is a strict liability offence.
336	Use of Chinese firecrackers
	(1)	Chinese firecrackers must not be fired indoors.
	(2)	If long-string Chinese firecrackers are fired—
	(a)	anyone not involved in firing the firecrackers must be kept back at least 5m in every direction from the firing point by the use of effective barriers; and
	(b)	any unauthorised people must be prevented from entering the display site while the firecrackers are fired; and
	(c)	the firecrackers must be securely attached to a support that suspends the entire string above the ground, and that will not fall over while the firecrackers are fired.
	(3)	The separation distance mentioned in subregulation (2) (a) is 50m if—
	(a)	2 long-string Chinese firecrackers are ignited so that they are burning simultaneously; and
	(b)	the strings are within 5m of each other.
	(4)	In this regulation:
long-string Chinese firecrackers means a string of Chinese firecrackers longer than 50cm.
Note	Chinese firecrackers are strings of crackers (see dict, def Chinese firecrackers).

Schedule 1	Consumer fireworks—registration standards
(see reg 39 (2) (b))
Part 1.1	Preliminary
1	General
These standards apply to—
	(a)	the testing of consumer fireworks for the registration of the fireworks for Queen’s birthday supply; and
	(b)	the preparation of the testing report required to accompany a request for registration of the fireworks.
Note 1	The Act mentioned is the Dangerous Substances Act 2004. These standards are in the Dangerous Substances (Explosives) Regulations 2004, schedule 1, which is made under the Act. Provisions of these standards are referred to in this schedule as clauses.
Note 2	In these regulations, reg 260 the following fireworks are defined as consumer fireworks if the weight of pyrotechnic substance in each is no more than a prescribed maximum (see detailed definitions of each firework in these regulations, dict):
·	fountains
·	ground spinners
·	helicopters (also known as fliers and aerial spinners)
·	mines
·	multishot cakes
·	novelties
·	snakes (also known as glow worms)
·	wheels.
Note 3	Any particular kind of consumer firework may only be registered for Queen’s birthday supply (that is, supply during the Queen’s birthday supply period—the week before the Queen’s birthday weekend) in each year if it has been tested within 6 months before the beginning of the Queen’s birthday supply period in that year (see cl 8 (3)).
Part 1.2	Construction and design standards
2	General construction and design standards
A consumer firework must meet the following construction and design standards:
	(a)	the firework must be constructed to prevent the escape of any explosive when the firework is handled normally;
	(b)	the firework must be designed so that it is not likely to cause personal injury or property damage when used in accordance with the instructions that are to be provided when it is supplied;
	(c)	the firework must not contain a mixture of an unstable, toxic or highly sensitive nature that could possibly make it unsafe.
3	Composition standards
	(1)	Explosives in a consumer firework must not contain any of the following:
	(a)	mixtures of chlorates with sulphur, sulphides, phosphorus, acids, metal powders or any ammonium salts;
	(b)	arsenic or arsenic compounds, lead or lead compounds or white phosphorous or mercury compounds; 
	(c)	mixtures containing picric acids or salts of picric acids;
	(d)	any other substance or mixture of an unstable, toxic or highly sensitive nature that that could possibly make the firework unsafe.
	(2)	The pyrotechnic substance contained in a consumer firework must be 5% by weight, or less, flash powder.
	(3)	If a consumer firework contains flash powder, it must be exclusively for visual effect, and not for aural effect.
4	Ignition standards
A consumer firework must—
	(a)	be designed to be ignited by the lighting of a wick, fuse or touch paper; and
	(b)	be easy to ignite with an ordinary match; and
	(c)	fire initially between 5 and 10 seconds after ignition; and
	(d)	for a multishot cake—fire with no more than 5 seconds delay between ignition of successive tubes; and	
	(d)	for a multi-tube fountain—fire with no more than 5 seconds delay between the completion of the effect in 1 tube and the initiation of the next tube.
5	Firing standards
	(1)	A consumer firework must not explode completely or partly.
	(2)	Any aural effect of a consumer firework must be—
	(a)	no greater than is necessary to achieve the visual effect of the firework; and
	(b)	a subsidiary effect only.
	(3)	A consumer firework must be stable when resting in position before ignition, and when it is fired.
	(4)	A consumer firework must—
	(a)	have an area of effect of less than 3m radius; and
	(b)	be able to be complied with safely at no more than 5m from where it is fired.
	(5)	After firing, a consumer firework must not project itself, or any part of itself, through the air in an erratic or unpredictable way.
	(6)	Any particle or debris from firing a consumer firework that is projected laterally more than 3m from where it is fired—
	(a)	must not have a mass of more than 20g; and
	(b)	must not be burning or incandescent within 3m of the ground, as indicated by the shaded area in figure 1.5.1.
Figure 1.5.1	Burning or incandescent material not allowed in shaded area

Part 1.3	Sampling and testing standards
Note	Any firework that fails a test under this part must be disposed of under these regulations, pt 2.10 (Disposal of explosives).
6	Sampling standard	
	(1)	Batches of consumer fireworks from which samples are taken for testing must be the batches that are proposed to be supplied by retail during the next Queen’s birthday supply period.
	(2)	Batches of fireworks must contain no fewer than 100 fireworks.
	(3)	The minimum number of consumer fireworks in a batch mentioned in table 1.6.1, column 2 that must be tested under this part in the circumstances stated in columns 3 and 4 for that batch is as set out in columns 3 and 5 for the batch.
Note	Clause 11 (Batch identification)] sets out the requirements for identifying batches of consumer fireworks that are subject to sampling and testing.
Table 1.6.1	Sampling requirements
column 1
item	column 2
Quantity of fireworks in batch	column 3
Minimum sample size for initial testing	column 4
Failure rate for initiation of 2nd round of testing	column 5
Minimum sample size for 2nd round of testing	
1	100–500	6	1	6	
2	501 or more	10	1	10	
7	Test 1—weight and composition
	(1)	Consumer fireworks must be tested for compliance with regulation 260 (Consumer fireworks) and clause 3 (Composition standards).
Note	The size of the sample of fireworks to be tested in a batch must be worked out in accordance with table 1.6.1.
	(2)	If fireworks remain from a batch of consumer fireworks tested in a previous year that satisfy the requirements for this test, the results of that test may be submitted to satisfy the requirement for this test.
8	Test 2—ignition and firing
	(1)	Consumer fireworks must be tested for compliance with clause 4 (Ignition standards) and clause 5 (Firing standards).
Note	The size of the sample of fireworks to be tested in a batch must be worked out in accordance with table 1.6.1.
	(2)	For the test, the fireworks to be tested must be ignited and allowed to fire while the performance of the firework is complied with and measured.
	(3)	The test must be conducted no earlier than 6 months before the beginning of the Queen’s birthday supply period for which Queen’s birthday supply registration is sought.
9	Test 3—labelling and construction
	(1)	Consumer fireworks must be tested for compliance with—
	(a)	division 3.3.4 (Labelling—consumer fireworks) and division 3.3.5 (Packaging and safety instructions—consumer fireworks); and
	(b)	clause 2 (General construction and design standards).
	(2)	All consumer fireworks in each batch must be visually inspected for this test.
Part 1.4	Classification report
10	Form of report
In addition to the requirements of this part, the classification report required to accompany a request for registration of a consumer firework for Queen’s birthday supply must be prepared in accordance with any form for the report approved for the Act, section 222.
11	Batch identification
The classification report must identify each batch of consumer fireworks to be registered—
	(a)	by the manufacturing batch number; or
	(b)	if the manufacturing batch number is unavailable—by the shipment number and date of arrival of the shipment in Australia; or
	(c)	if details of the shipment are also unavailable—by the date of the receipt of the fireworks and the name and address of the wholesale supplier.
12	Manufacturer’s details
	(1)	The classification report must include the manufacturer’s product code for each consumer firework that is tested.
	(2)	If the firework has been relabelled with a name different to that under which it was originally supplied, the classification report must include the original manufacturer’s product code for the firework.
	(3)	The classification report must also include the name of the manufacturer of each consumer firework that is tested.
	(3)	In this clause:
manufacturer’s product code, for a consumer firework, means the name and model number used by the manufacturer to identify the firework.
Note	Fireworks from different manufacturers often have the same or similar names or appearance, but different performance characteristics.
13	Photographs or catalogue images of fireworks
	(1)	The classification report must include, for consumer fireworks of each kind that is tested—
	(a)	a colour photograph; or
	(b)	a catalogue image (whether in colour or black and white).
	(2)	The photograph or image must show—
	(a)	the firework with its label; and
	(b)	the detail on the label so that it can be read from the photograph or image.

Schedule 2	Safety management systems
(see reg 57 (2) (d) and (3))
Note	This schedule sets out requirements for safety management systems for the manufacture of explosives. Other requirements in relation to safety management systems are set out in reg 57.
    
1	Elements of the safety management system
	(1)	The safety management system must consist of the following:
	(a)	procedures for ongoing hazard identification and risk assessment and control;
	(b)	procedures to deal with the implementation of the safety management system;
	(c)	procedures for the provision of information, education and training to workers, contractors and visitors;
	(d)	procedures for incident reporting and investigation;
	(e)	an emergency response plan and procedures to monitor preparedness for emergencies;
	(f)	procedures for collecting and maintaining records, activities and statistics about the safety management system;
	(g)	schedules for the maintenance of plant and equipment and provision to ensure the maintenance happens;
	(h)	procedures to identify and respond to changes affecting the safety management system;
	(i)	procedures that workers and contractors are required to follow in relation to—
	(i)	establishing and implementing the safety management system; and
	(ii)	reviewing any procedures for hazard identification and risk assessment control.
	(2)	The safety management system must provide for safety consultation with—
	(a)	workers within the workplace; and 
	(b)	contractors’ agents who enter the workplace.
	(3)	In developing or reviewing procedures for the safety management system, the licensee must, if practicable, consult any health and safety representative under the Occupational Health and Safety Act 1989 for the workers affected by the system.
	(4)	The plans for emergency response and preparedness required under subclause (1) (e) must be developed in conjunction with the fire commissioner or the chief fire control officer, whichever is appropriate.
2	Safety policy and safety objectives
The safety management system must include a description of how the manufacturer’s safety policy and specific safety objectives are to be communicated to everyone who is to take part in the implementation of the safety management system. 
3	Organisational structure and personnel
The safety management system must—
	(a)	identify (according to position, description and location) the people who are to take part in the implementation of the safety management system; and
	(b)	describe the command structure in which they work and the specific tasks and responsibilities allocated to them.
4	Operational controls
The following matters must be dealt with by a safety management system:
	(a)	supervision of visitors and contractors in explosives areas;
	(b)	maintenance of buildings, plant and equipment, including decontamination;
	(c)	restrictions on smoking, alcohol and other similar factors;
	(d)	control of chemicals where explosives are manufactured, including segregation of incompatible materials;
	(e)	selection, maintenance and use of personal protective equipment;
	(f)	lockout and tag-out, confined space entry and hot-work permits;
	(g)	disposal of waste explosives and ingredients, including burning ground procedures;
	(h)	modification of process equipment, formulations, materials, packaging or procedures;
	(i)	testing of trips, alarms and other protection systems;
	(j)	sampling and product testing;
	(j)	an emergency response plan, including an evacuation plan, appropriate firefighting controls and consequence minimisation steps (including control of spills and an appropriate off-site response);
	(k)	carrying, storage, security and use of explosives;
	(l)	materials handling;
	(m)	receipt of explosives and ingredients where the explosives are to be manufactured;
	(n)	explosives and personnel limits in buildings or locations;
	(o)	adverse weather conditions (including lightning);
	(p)	restrictions on sources of ignition;
	(q)	training and competency evaluation of workers and contractors;
	(r)	explosives manufacture, including operation of plant and equipment, particularly pumps, for explosives;
	(s)	explosives operation or activities with particular emphasis on hazards, housekeeping and accident prevention;
	(t)	incident and accident reporting and response;
	(u)	nonconforming raw materials and products;
	(v)	maintenance of records;
	(x)	safety meetings;
	(y)	complaints and response;
	(z)	self-auditing of systems and procedures.
5	Management of change
The safety management system must include procedures for planning modifications to the factory (if applicable).
6	Performance monitoring
Performance standards included in a safety management system must—
	(a)	relate to all aspects of the safety management system; and
	(b)	be sufficiently detailed to ensure that the ability of the manufacturer to ensure the effectiveness of all aspects of the safety management system is apparent from the documentation; and
	(c)	be measurable; and
	(d)	include the following:
	(i)	a requirement to report the failure of any control measure, whether or not the failure results in a major incident;
	(ii)	the system for reporting a failure;
	(iii)	other corrective action to be taken if a failure happens;
	(iv)	steps to be taken to continually improve all aspects of the safety management system, including by testing the effectiveness of control measures.
7	Audit
The safety management system must provide for the audit of performance against the performance standards, including the methodologies, frequency and results of the audit process.

Dictionary
(see reg 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	chief executive
·	Commonwealth
·	foreign country
·	found guilty
·	function
·	penalty unit
·	police officer
·	State.
Note 3	Terms used in these regulations have the same meaning that they have in the Dangerous Substances Act 2004 (see Legislation Act, s 148.) For example, the following terms are defined in the Dangerous Substances Act 2004, dict (or as indicated):
·	carry
·	correctly (s 14)
·	dangerous substance (s 10; see also reg 8)
·	decision-maker (s 187)
·	dispose (see also reg 230)
·	handle (s 11)
·	hazard (s 15)
·	import
·	inspector
·	licence
·	manufacture (see also reg 46 (1))
·	non-commercial (s 12)
·	person in control (s 17)
·	plant
·	premises
·	prohibited dangerous substance (s 73)
·	reasonable steps (s 16)
·	reviewable decision (s 186)
·	risk (s 15)
·	safety management system (s 19)
·	supply (see also reg 265)
·	system
·	trade or commerce
·	vehicle.
aerial shell means a firework that is—
	(a)	usually a spherical or cylindrical shell that contains stars or other effects; and
	(b)	designed—
	(i)	to be projected from a mortar by a lift charge; and
	(ii)	to burst high in the air.
Note	A salute is an aerial shell designed to produce a loud report (see def salute).
aerial spinner—see helicopter.
amorce means a firework that—
	(a)	is a percussion cap; and
	(b)	has an envelope of paper or other material containing a dot of impact-sensitive pyrotechnic substance; and
	(c)	may form part of a roll; and
	(d)	is designed for use in toys.
ANFO means an explosive mixture of ammonium nitrate and fuel oil with or without a dye colouring agent.
application, for a licence authorising the handling of explosives—see regulation 19.
AS 1768 means Australian Standard 1768(Int) Lightning protection.
AS 2187.0 means Australian Standard 2187.0 Explosives—Storage, transport and use, part 0: Terminology.
AS 2187.1 means Australian Standard 2187.1 Explosives—Storage, transport and use, part 1: Storage.
AS 2187.2 means Australian Standard 2187.4 Explosives—Storage, transport and use, part 2: Pyrotechnics—Outdoor displays.
AS 2187.4 means Australian Standard 2187.2 Explosives—Storage, transport and use, part 4: Use of explosives.
AS 4326 means Australian Standard 4326 The storage and handling of oxidising agents.
Australian Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, published by the Commonwealth of Australia.
Australian Explosives Code means the Australian Code for the Transport of Explosives by Road and Rail, published by the Commonwealth of Australia.
authorisation number, of an authorised explosive, means the unique authorisation number assigned to the explosive when it is registered under regulation 34.
authorised explosive—see regulation 26.
black powder means an explosive with a UN number of 0027 or 0028.
Note	Black powder is a kind of gunpowder. It consists generally of potassium nitrate (or sodium nitrate), charcoal and sulphur, and under normal circumstances deflagrates rather than detonates (see AS 2187.0, def black powder).
blast hole means a hole made for placing in position explosives that are to be fired.
Note	Blast holes are also known as drill holes.
blasting and fireworks storage, of an explosive mentioned in table 123.1—see regulation 123.
blasting permit—see regulation 179.
blast plan, for division 2.9.4 (Blasting permits)—see regulation 189.
bulling means a procedure intended to enlarge a section of a blast hole to accommodate extra explosive.
Note	Bulling is usually used to enlarge the bottom of the hole. This procedure is also known as chambering and springing.
butt means a part of a blast hole left after blasting.
capped fuse means a length of safety fuse with a detonator crimped at only 1 end.
carrying licence—see regulation 99.
cartridge means a preformed unit of high explosive enclosed in material (for example, paper or plastic) of a predetermined diameter and length.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
central mixing point, for an explosive mixture—see regulation 46.
Chinese firecrackers means strings of crackers designed so the individual crackers ignite sequentially.
classification code, of an explosive—see regulation 12.
class label—see the Australian Dangerous Goods Code.
Note	The Code, s 7.1.1 (1) sets out the requirements for class labels for dangerous goods. Class labels are required to be attached to packages, containers and loads of dangerous goods and are used to identify the class of dangerous goods contained.
collective hazard division, of explosives stored or carried together—see regulation 16.
combustible material—see regulation 122.
compatibility group, of an explosive—see regulation 11.
consumer, for part 3.3 (Consumer fireworks)—see regulation 266.
consumer firework—see regulation 260.
consumer fireworks authorised receipt—see regulation 278.
consumer fireworks licence—see regulation 264.
cracker means a firework that is—
	(a)	a tube of rolled paper, or other material containing an explosive substance; and
	(b)	fitted with a wick or another method of ignition; and
	(c)	designed to explode with a sharp report.
Note	Chinese firecrackers are defined as strings of crackers.
cut-off means a form of misfire in which some explosive is left undetonated after an adjacent explosion.
Examples
1	separation of charge by ground movement
2	severance of the initiating line
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
dangerous substance, for the Act (including these regulations)—see regulation 8.
defective explosive, or package of explosives, includes an explosive or package that—
	(a)	is in a state of deterioration; or
	(b)	is damaged; or
	(c)	is leaking; or
	(d)	is exuding liquid; or
	(e)	no longer complies with the description or other information for the explosive as registered under regulation 34.
detonating cord means a flexible cord with a solid core of high explosives.
detonator means a capsule or case containing an explosive of high sensitivity used for initiating other explosives.
Note	A detonator is also known as a blasting cap or a cap.
diameter, for an aerial shell (including a salute shell) that is not spherical, means—
	(a)	if the shell is cylindrical—the longer of the following:
	(iii)	the length of the cylinder;
	(iv)	the diameter of the end of the cylinder; or
	(b)	in any other case (for example, if the shell is ovoid)—the longest dimension of the shell.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
direct supervision—a person undertakes direct supervision of an activity being conducted by someone else if—
	(a)	the person is present where the activity is conducted; and
	(b)	the person is in a position to personally intervene to prevent a contravention of the Act.
display operator licence—see regulation 299.
display site—see regulation 299.
dispose, of an explosive, for part 2.10 (Disposal of explosives)—see regulation 250.
distress signal means an article containing a pyrotechnic substance intended for signalling, warning, rescue or similar purposes, and includes the following:
	(a)	marine flares and signals;
	(b)	landing flares;
	(c)	highway fusees;
	(d)	line-carrying, anti-hail, cloud and avalanche rockets;
	(e)	smoke generators.
drive, a vehicle that is a trailer—see regulation 99.
driver licence means a written authority (however described) to drive a motor vehicle issued under the law of the Territory, the Commonwealth, a State, another Territory or a foreign country.
effective barrier—see regulation 299.
electrical firing means—
	(a)	firing by exploder; or
	(b)	mains firing.
emergency plan, for inclusion in a safety management system in relation to the handling of an explosive under a licence, means a plan to manage emergencies that may reasonably be expected to affect the handling of explosives authorised by the licence.
ensure—see regulation 20.
exempt carrier—see regulation 100.
exploder means a self-contained portable device designed to produce electric current for firing charges.
explosive—
	(a)	for the Act (including these regulations)—see regulation 7; and
	(b)	for part 2.4 (Manufacturing explosives)—see regulation 47.
explosive mixture—see regulation 46.
explosive mixture controller, for division 2.4.5 (Central mixing points)—see regulation 64.
explosives driving licence—see regulation 99.
factory—see regulation 46.
filling or capping—see regulation 46.
firefighter means—
	(a)	a member of the fire brigade, or the fire commissioner; or
	(b)	a volunteer who, at or immediately after a fire, has placed his or her services at the disposal of the fire commissioner, while exercising functions under the Fire Brigade Act 1957, section 7; or
	(c)	a bushfire brigade member, a fire control officer, an emergency volunteer firefighter, or the chief fire control officer, under the Bushfire Act 1936; or
	(d)	a member of a firefighting organisation established in any area of a State or another Territory, while assisting at or immediately after a fire in the ACT.
firework means an article that—
	(a)	is designed for use as a form of entertainment; and
	(b)	contains a pyrotechnic substance; and
	(c)	may contain 1 or more other explosive substances; and
	(d)	burns or explodes (or both) to produce a visual or aural effect (or both).
fireworks display—see regulation 299.
fireworks display permit—see regulation 299.
flash powder means a pyrotechnic substance that is intended to produce a flash of light (whether or not with a report, smoke or sparks).
flier—see helicopter.
fountain means a firework that—
	(a)	has 1 or more cases or tubes containing pressed or consolidated pyrotechnic substance; and
	(b)	is designed, on ignition, to produce a shower of coloured sparks or smoke.
fuse lighter means a pyrotechnic article that burns with a very hot jetting flame, and is used to ensure ready ignition of safety fuses.
Note	A fuse lighter is also known as a fuse igniter.
general use firework—see regulation 259.
glow worm—see snake.
ground display fireworks—see regulation 299.
ground spinner means a firework designed, on ignition, to produce a shower of sparks while spinning on the ground.
hazard division, of an explosive—see regulation 10.
helicopter means a firework consisting of a tube containing a pyrotechnic substance—
	(a)	with a propeller or blade attached; and
	(b)	that is designed, on ignition, to spin rapidly and rise into the air, and to produce a visual effect at or near the height of its flight.
Note	Helicopters are also known as fliers and aerial spinners.
identification papers—see regulation 164 (Consumer fireworks definitions).
igniter cord means a thin cord that—
	(a)	burns with an external flame faster than a safety fuse; and
	(b)	is used to ignite a number of fuses in sequence.
Note	Igniter cord is also known as igniter fuse.
import licence—see regulation 89.
interstate explosives carrying authority, in relation to an explosive carried by road or rail—see regulation 99.
interstate explosives driving authority, in relation to an explosive carried by road—see regulation 99.
issue, of a licence giving the licensee a particular kind of handling authority—see regulation 19.
licensable storage, of an explosive—see regulation 122.
licensed premises, for division 2.7.4 (Special portable magazine storage)—see regulation 156.
licensed storage place—see regulation 122.
magazine—see regulation 122.
magazine area—see regulation 132.
mains firing means the firing of charges from power cables connected to a source of electricity other than an exploder.
manufacture, of explosives—see regulation 46.
manufacturing licence—see regulation 46.
mine means a single tube firework that—
	(a)	is fixed to a solid base; and
	(b)	projects ignited stars or other effects into the air.
misfire—see regulation 236.
mobile manufacturing unit, for explosives—see regulation 46.
model rocket means a rocket that—
	(a)	is propelled by a motor; and
	(b)	contains a device for returning it to ground in a condition to fly again; and
	(c)	is made of paper, wood or breakable plastic, but contains no substantial metal parts; and
	(d)	is mainly designed to be used for the purposes of education, recreation and sporting competition.
model rocket motor means a commercially manufactured device that is designed to be used for the propulsion of model rockets.
modification, of a factory or safety management system—see regulation 46 (1) (Manufacturing definitions).
mortar means a tube that is—
	(a)	made of material other than steel (for example plastic, cardboard or filament wound fibreglass composite); and
	(b)	closed at 1 end; and
	(c)	designed to be used for firing aerial shells and certain kinds of mines.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
multishot cake means a firework with 2 or more tubes—
	(a)	on a common base in a common package or bundle, that are fused together; and
	(b)	that are designed, on ignition of a single external fuse, to fire sequentially in a predetermined series.
Note	Multishot cakes are also known as multishot box items and combinations.
NEQ means the mass of explosive substance contained in an explosive.
Note	NEQ stands for ‘net explosive quantity’.
novelty means a firework designed to resemble a toy or small animal that produces a visual effect close to the article.
Example
a firework designed to resemble a toy tank, with wheels
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
party popper means a firework that—
	(a)	is designed to be held in the hand during use and operated by a pull-string; and
	(b)	has an abrasive surface in sliding contact with a friction-sensitive pyrotechnic substance; and
	(c)	is designed to produce a report while streamers or confetti (or both) are ejected.
percussion cap means a primer for a safety cartridge.
point of application or use, of an explosive—see regulation 46.
portable magazine—see regulation 122.
primary authorised user, of consumer fireworks—see regulation 294 (Authority for using consumer fireworks).
primer means the cartridge, or that part of a charge, carrying a detonator or coupled to a detonating cord, by which the remainder of the charge is detonated.
process building means a building used for the manufacture or storage of explosives, other than for immediate use, in which—
	(a)	an explosive is manufactured; or
	(b)	an ingredient of explosive is used in a manufacturing process.
prohibited firework—see regulation 261.
propellant means a deflagrating explosive used for propulsion.
protected works—see AS 2187.0.
pyrotechnic substance means a substance or mixture of substances designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of a non-detonative self‑sustaining exothermic chemical reaction.
Queen’s birthday supply, of a consumer firework registered (or proposed to be registered) under division 2.2.4—see regulation 28.
Queen’s birthday supply period—see regulation 274.
Queen’s birthday weekend use period—see regulation 295.
register means the register of authorised explosives kept under regulation 34.
road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
safety cartridge means ammunition for small arms with UN number UN0012.
safety data sheet, for an explosive, means a document including the following information about the explosive and safety measures for dealing with it:
	(a)	identification;
	(b)	composition and information on ingredients;
	(c)	hazards identification;
	(d)	first-aid measures;
	(e)	firefighting measures;
	(f)	spillage and accidental release measures;
	(g)	handling and storage measures;
	(h)	exposure controls and personal protection;
	(i)	physical and chemical properties;
	(j)	stability and reactivity;
	(k)	toxicological information;
	(l)	ecological information;
	(m)	disposal information;
	(n)	information about carrying the explosive;
	(o)	references to relevant laws and standards;
	(p)	any other information relevant to the safe handling of the explosive.
safety fuse means a fuse for blasting—
	(a)	that is designed to burn at a rate of between 90 and 120 seconds per metre; and
	(b)	that does not explode; and
	(c)	the burning of which is not communicated laterally to itself or similar fuses; and
	(d)	that is used to initiate plain detonators and gunpowder.
salute shell means an aerial shell that is designed—
	(a)	to be projected from a mortar by a lift charge; and
	(b)	to produce a loud report.
shotfirer—see regulation 179.
shotfirer licence—see regulation 179.
signal tube means a small-bore flexible plastic tube, coated internally with an explosive powder, that can transmit a shock wave along the length of the tube.
snake means a firework that is—
	(a)	a small pressed pellet of pyrotechnic substance; and
	(b)	less than 25 mm in diameter; and
	(c)	designed, on being placed on the ground and ignited, to produce an expanding snake-like ash.
Note	Snakes are also known as glow worms.
snap, for a bonbon, means a firework that—
	(a)	has 2 overlapping strips of card, paper or other material, with a friction-sensitive explosive substance in sliding contact with an abrasive surface; and
	(b)	is designed to produce a report when the strips are pulled apart.
sparkler means a firework that—
	(a)	has a rigid wire or stick partially coated with a slow-burning pyrotechnic substance; and
	(b)	is designed to emit sparks with no report.
special portable magazine storage—see regulation 157.
star means a firework that is—
	(a)	a pressed or consolidated pellet of pyrotechnic substance; and
	(b)	designed, on ignition, to be fired into the air and to produce a display of colour and light; and
	(c)	not designed to produce a report.
stem means to place sand or other inert material in a blast hole, either above explosives, or between decks of explosives, so that the effect of the explosives is maximised.
storage licence—see regulation 122.
supplier, for part 3.3 (Consumer fireworks)—see regulation 266.
supply, of consumer fireworks—
	(a)	for the Act (including these regulations, other than part 3.3)—see the Act, dictionary; or
	(b)	for part 3.3 (Consumer fireworks)—see regulation 263.
supply licence—see regulation 165.
tamping means consolidating stemming material, or pressing explosive cartridge, in a drill hole.
UN number, of an explosive, means the number listed for the explosive in the Australian Explosives Code, appendix 2.
unstable explosive article or substance—see regulation 9.
UN Test Manual means the Recommendations on the transport of dangerous goods: Manual of tests and criteria, published by the United Nations.
vehicle—see the Road Transport (General) Act 1999, dictionary.
vulnerable facility—see AS 2187.0.
wheel means a firework that—
	(a)	has 1 or more drivers; and
	(b)	is designed, on ignition, to rotate around a fixed point and produce a shower of coloured sparks.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Dangerous Substances (Explosives) Regulations 2004 SL2004-10
notified LR 2 April 2004
reg 1, reg 2 commenced 2 April 2004 (LA s 75 (1))
remainder commenced 5 April 2004 (reg 2)
4	Amendment history
Commencement
reg 2	om LA s 89 (4)
Manufacturing licence conditions—Act, s 53 (2) (b)
reg 55	(2), (3) exp 5 April 2005 (reg 55 (3))
Import licence conditions—Act, s 53 (2) (b)
reg 95	(2), (3) exp 5 April 2005 (reg 95 (3))
Application of pt 2.6
reg 98	(3), (4) exp 5 April 2005 (reg 98 (4))
Supply licence conditions—Act, s 53 (2) (b)
reg 170	(2), (3) exp 5 April 2005 (reg 170 (3))

©  Australian Capital Territory 2004