Explosives Regulations 2022 (Tas)

Explosives Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Explosives Act 2012 .

13 December 2022

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Workplace Safety and Consumer Affairs

PART 1 - Preliminary

1. Short title These regulations may be cited as the Explosives Regulations 2022 .

2. Commencement These regulations take effect on 26 December 2022.

3. Interpretation (1) In these regulations – accredited means accredited by the Secretary under Part 9 ; Act means the Explosives Act 2012 ; adult means a natural person who has attained the age of 18 years; allied Act means any of the following: (a) the Dangerous Goods (Road and Rail Transport) Act 2010 ; (b) the Security-sensitive Dangerous Substances Act 2005 ; (c) the Work Health and Safety Act 2012 ; AN-based explosive means – (a) an explosive consisting of a mixture of ammonium nitrate and oil; or (b) any other explosive that consists mainly of ammonium nitrate and is not packaged in the form of a cartridge, plug or stick; appropriate safeguards means the safeguards imposed or provided for by or under the Act (including those contained in any approved codes of practice or any codes, standards, guidelines, rules or other documents applied, adopted or incorporated in these regulations); approved magazine – see regulation 33 ; AS means a standard published, and as from time to time amended, by – (a) Standards Australia; or (b) Standards Australia and Standards New Zealand jointly, with the prefix AS/NZS; authorised explosive means an explosive that – (a) is authorised under Part 3 ; or (b) has, under a corresponding law, equivalent or substantially equivalent authorisation in another Australian jurisdiction; authorised user, of explosives, means – (a) a person referred to in regulation 44(1)(a) , (b) or (c) ; or (b) a person acting in accordance with a permit, under the Security-sensitive Dangerous Substances Act 2005 , in respect of explosives; or (c) a responsible worker, within the meaning of the Security-sensitive Dangerous Substances Act 2005 , acting in accordance with a permit under that Act in respect of explosives; category means a category of shot-firing specified in regulation 43 ; class, in relation to an explosive, means the number assigned to the explosive under the Manual of Tests and Criteria published, and from time to time amended, by the United Nations; corresponding law means a law of the Commonwealth or another State or a Territory that substantially corresponds to these regulations; directly handle, in relation to explosives, means to handle the explosives in a way that brings the handler into direct or close personal contact with them; entitlement means an accreditation, approval, authorisation, permit or recognition under these regulations; exempt explosive means an explosive specified in Schedule 3 ; fireworks – see regulation 4 ; general explosives means explosives other than fireworks; GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations, as amended from time to time; hazardous chemical has the same meaning as it has in the Work Health and Safety Regulations 2022 ; interstate shot-firing authority means a licence, permit, registration, accreditation or other kind of entitlement (other than interstate recognition) to do shot-firing, under a corresponding law; major infrastructure includes – (a) roads; and (b) bridges; and (c) infrastructure for gas, water, waste disposal, electricity and communications services; and (d) railways and railway infrastructure; and (e) wharves, jetties and other permanent berthing facilities; and (f) aerodromes; manufacturing includes – (a) any formulating, blending, mixing, synthesising, processing or reprocessing associated with manufacturing; and (b) any packaging, repackaging or unpacking associated with manufacturing; mobile processing unit means a vehicle or a portable piece of equipment (commonly referred to as an MPU but sometimes also as a mobile mixing unit or MMU) specifically designed or adapted for use in manufacturing AN-based explosives in the field; MPU Code means the Code of Practice, Mobile Processing Units, 4th edition, as published by the Australasian Explosives Industry Safety Group (ABN 95 177 668 265) in September 2018, as amended; person includes a body politic; prescribed fee, for any matter, means the fee prescribed for that matter in Schedule 1 ; propellant or propellant powder means a propellant or propellant powder within the meaning of AS 2187.0; protected works means any of the following: (a) a residential building; (b) a school or other educational institution; (c) a hospital or other medical institution; (d) a retirement home, aged respite centre or other aged-care facility; (e) a church or other place of public worship; (f) a cinema, theatre, concert hall or other place of public entertainment; (g) a public building, public park or other public facility; (h) a building, or open area, in which people are accustomed to assembling; (i) a factory, workshop, office, warehouse, shop or other building, located outside an explosives location or a large explosives location, where persons are employed; qualifications includes expertise, skills, training and experience; register means the register of authorised explosives kept under regulation 18 ; Relevant Standards, in relation to a subject or matter, means the standards listed in Schedule 2 for the subject or matter; right of review, in respect of a decision, means the right to a review of the decision under section 69 of the Act; safety cartridge means a safety cartridge within the meaning of AS 2187.0; shot-firing – see regulation 42 ; shot-firing permit means a permit issued under regulation 45 ; SSDS permit has the same meaning as in the Security-sensitive Dangerous Substances Act 2005 ; store includes keep; terrorism offence means an offence under Part 5.3 of the Criminal Code of the Commonwealth; test includes trial; unauthorised explosive means any explosive other than an authorised explosive; UNMR means the Recommendations on the Transport of Dangerous Goods, Model Regulations published, and as from time to time amended, by the United Nations; valid, in relation to an interstate shot-firing authority, means that the authority is not suspended, or the subject of any disciplinary or offence proceedings, or the subject of any application for administrative or judicial review in relation to proposed suspension or cancellation. (2) A note in the text of these regulations is for explanatory purposes only and does not form part of these regulations.