Explosives Act 2012 (Tas)

Explosives Act 2012

An Act to provide for the safe handling of explosives, for the safe management of places where explosives are handled and for the safe management of incidents and emergencies involving explosives, to repeal the Dangerous Substances (Safe Handling) Act 2005 and for related and consequential purposes [Royal Assent 4 May 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Explosives Act 2012 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – acceptable level of risk – see section 10 ; approved code of practice – see section 23 ; approved form means a form approved by the Secretary; Australian Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Commonwealth, as from time to time amended; Australian Explosives Code means the Australian Code for the Transport of Explosives by Road and Rail published by the Commonwealth, as from time to time amended; authorised officer means an authorised officer appointed under section 31(1) , and includes a person authorised under section 31(6) ; conviction, in relation to an offence, includes a finding of guilt without the recording of a conviction for the offence; dangerous situation, at any premises, means that, although there is not an explosives emergency at the premises – (a) it is likely that there will be an explosives emergency at the premises if appropriate action is not taken; and (b) it is reasonable to conclude, at the least, that taking the action should not be indefinitely delayed; emergency services means – (a) the State Emergency Service within the meaning of the Emergency Management Act 2006 ; and (b) Ambulance Tasmania established under the Ambulance Service Act 1982 ; and (c) the Tasmania Fire Service established under the Fire Service Act 1979 ; and (d) the Department; employee includes a person engaged, either directly or indirectly, under a contract for services; environment includes – (a) animals and organisms; and (b) ecosystems and their constituent parts; and (c) all natural and physical resources; and (d) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (e) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) , (b) , (c) and (d) ; explosive means a substance that is – (a) a Class 1 dangerous goods within the meaning of the Australian Dangerous Goods Code; or (b) listed in the Australian Explosives Code Appendix 1 or 2; explosives emergency means an incident that exposes persons, property or the environment in the vicinity of the place where the incident occurs to an immediate risk of serious harm from one or more of the following: (a) the escape, spillage or leakage of explosives; (b) a fire involving explosives; (c) an explosion; (d) a harmful reaction from explosives; (e) the evolution of flammable, corrosive or toxic vapours from explosives; explosives location has the meaning given by section 25(1) ; export means export from Tasmania; facility means premises where explosives are, or are to be, handled; handling system means any of the following used in connection with the handling of explosives: (a) a container; (b) a spill containment system; (c) a pipe or system of pipes; (d) a fire-fighting or fire protection system; (e) any other plant; hazard means a thing or situation having the potential to do one or more of the following: (a) kill or harm a person; (b) harm property; (c) harm the environment; import means import into Tasmania; large explosives location has the meaning given by section 25(3) ; material harm is harm that is less extreme than serious harm but which causes or has the potential to cause, either directly or indirectly, one or more of the following: (a) harm to a person of a kind that requires, or may require, medical treatment; (b) harm to property; (c) harm to the environment; modification, of an explosives location, includes – (a) a change to plant, processes or quantities of explosives at the facility or location; and (b) the introduction of different explosives or new plant, processes or operating procedures at the facility or location; and (c) organisational change at the location; and (d) a change to the safety management system at the facility or location; occupier, of an explosives location, facility or other place, means an employer, or other person, who has overall management of the explosives location, facility or place; pipe includes pipeline; powers, of the Secretary or an authorised officer, includes any functions associated with the exercise of those powers; premises includes – (a) an area of land, whether built on or enclosed; and (b) a building or a part of a building, whether permanent or temporary; and (c) a structure or a part of a structure, whether permanent or temporary – but does not include a vehicle; qualifications includes expertise, training and experience; regulations means regulations made and in force under this Act; relevant employees, in relation to any facility or location, means employees – (a) whose normal duties expose them to a risk associated with the facility or location; or (b) who have responsibilities or expertise regarding the management of that risk; risk means the likelihood of harm to a person, property or the environment arising out of a hazard; safety management system means a safety management system that complies with section 27 ; safety obligation – see section 9 ; Secretary means the Secretary of the Department; sell means sell by wholesale or retail, and includes – (a) offer, display or expose for sale; and (b) keep or possess for sale; and (c) barter or exchange; and (d) deal in or agree to sell; and (e) supply, send, forward or deliver for sale or for, or in expectation of receiving, any payment or consideration; and (f) receive for sale; and (g) authorise, direct, cause, permit or suffer a thing referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) to be done; serious harm is harm that contributes in a substantial way, either directly or indirectly, to one or more of the following: (a) the death of a person; (b) serious personal injury within the meaning of section 11 ; (c) serious harm to property; (d) serious harm to the environment; State includes Territory; workplace means a workplace within the meaning of the Work Health and Safety Act 2012 .