Victorian Numbered Regulations Victorian Numbered Regulations(1) In these Regulations—
"ammonium nitrate explosive mixture "means a mixture (which may include a compatible dye or sensitising agent) of an oxidising agent (being ammonium nitrate or an ammonium nitrate-based gel, emulsion or suspension) and a fuel component (being a combustible granular solid or a clean oil which has a closed-cup flash point of 60 o C or higher);
"ANFO "means an explosive mixture consisting of ammonium nitrate and fuel oil that has a flash point of 60 o C or higher with or without a compatible dye;
"approved" means approved by the Authority, unless otherwise stated;
AS 2187 means AS 2187 Explosives – Storage, transport and use and, for the purposes of these Regulations, comprising of—
(a) 2187.0 – Part 0 Terminology;
(b) 2187.1 – Part 1 Storage;
(c) 2187.2 – Part 2 Use of explosives;
(d) 2187.4 – Part 4 Pyrotechnics – Outdoor displays—
as amended from time to time;
AS 3846 means AS 3846 The handling and transport of dangerous cargoes in port areas, as amended from time to time;
"Australian Explosives Code" or AEC means the document known as the Australian Code for the Transport of Explosives by Road and Rail, prepared by the Australian Forum of Explosives Regulators and endorsed by the Workplace Relations Ministers' Council as amended from time to time;
"authorised explosive "has the same meaning as in section 54(4) of the Act;
"berth" means any dock, pier, jetty, quay, wharf, marine terminal or similar structure (whether floating or not) at which a vessel may tie up;
blast hole means a hole made for the purpose of placing in position explosives which are to be fired;
"blasting explosive" means an explosive which—
(a) contributes the majority of the work in an explosion; and
(b) is intended primarily for use in blasting in mining, quarrying, construction, demolition and excavations generally.
Examples
A detonator, gunpowder for blasting and any blasting compound.
"cartridge ammunition" has the same meaning as in the Firearms Act 1996 ;
"Class A protected work" has the same meaning as in AS 2187.0;
"Class B protected work" has the same meaning as in AS 2187.0;
"charge", as the context requires, means—
(a) an explosive that is placed in a blast hole or other place of use; or
(b) the act of placing explosives in a blast hole or other place of use;
"Chinese firecrackers" means a string of individual crackers (each cracker consisting of a single tube of rolled paper fitted with a wick and filled with an explosive), that is designed to explode with a series of sharp reports;
"Class", in relation to dangerous goods, has the same meaning as in the AEC;
"Class Label", in relation to a package, container or load of dangerous goods to which it is attached, means a label within the meaning of the ADG Code which purports to identify the Class of dangerous goods in the package, container or load;
"Classification Code" means the code assigned to an explosive, comprising a combination of the number of the Hazard Division to which the explosive belongs followed by the letter of the Compatibility Group to which the explosive belongs, as determined in accordance with the AEC;
"Compatibility Group" means the letter which follows the Hazard Division number in the Classification Code of an explosive and which is used to identify the kinds of explosive substances and articles that are taken, as a result of testing, to be compatible for transport or storage purposes;
"consumer firework" means—
(a) a firework which contains minute quantities of pyrotechnic substance;
Example
A toy pistol cap, party popper, snap for a bon-bon cracker.
(b) a sparkler;
(c) a model rocket motor (containing no more than 62·5 grams of propellant);
(d) any other firework authorised as a consumer firework under section 54 of the Act;
"consumer package" means a package that is intended for retail display and sale;
detonator means a capsule or case which contains an explosive of high sensitivity used for initiating other explosives;
display firework means any firework except—
(a) a sky rocket; or
(b) a Chinese firecracker; or
(c) a theatrical firework; or
(d) a consumer firework; or
(e) a firework that is not an authorised explosive;
"distress signal" means a pyrotechnic device designed for signalling, warning, rescue or similar purposes;
Examples
A marine flare and signal, landing flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud rocket, avalanche rocket and a smoke generator.
"equivalent legislation" means legislation in another Australian jurisdiction relating to the manufacture, import, storage, sale, transport or use of explosives;
"exploder" means a self-contained portable item of equipment designed to produce electric current for firing charges;
"explosive mixture" means an authorised explosive that is a mixture of an oxidising agent and a fuel component (being a combustible solid or a clean oil which has a closed-cup flash point of 60 o C or higher) and may include a compatible dye or other additive or sensitising agent and includes—
(a) ANFO; and
(b) ammonium nitrate explosive mixture;
"explosives vehicle licence" means a licence for a road vehicle to transport explosives;
"factory" means any building, or any part of a building, used or intended to be used for the manufacture of any explosive or any purpose incidental to or associated with that manufacture, and includes any land occupied for or in connection with that manufacture;
"firearms licence "means a licence under the Firearms Act 1996 which allows a person to possess, carry or use a firearm other than a licence for a licensed firearms dealer;
"firework "means a pyrotechnic device containing an explosive composition which upon functioning will burn or explode, to produce a visual effect or sound effect, but does not include a distress signal;
"firing", in relation to explosives, includes the act of initiation, or attempted initiation, of the explosives;
"firing point", in relation to fireworks, means the point of launch of the fireworks;
"flash powder" means a pyrotechnic substance which is intended to produce a flash of light with or without an audible report, smoke or sparks;
"former Regulations "means the Dangerous Goods (Explosives) Regulations 2000;
"freight container" has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008 [1] ;
"ground display firework" means a display firework which primarily functions on the ground and which may project stars, novelty and other effects above the ground;
"Hazard Division "means, when followed by numerals, a "hazard division" determined in accordance with Addendum 1 of Appendix 2 to the AEC;
ignition source means a source of energy sufficient to initiate an explosive;
Examples
A naked flame, lit smoking material (such as a cigarette), exposed incandescent material, an operating electrical welding arc, a mechanical or static spark and any operating electrical or mechanical equipment.
"industrial safety cartridge" means a cartridge of Classification Code 1.4S which provides the power to an implement used to drive a stud, pin, dowel, screw, rivet, spike, nail or similar object against, into or through a thing or substance by means of an explosive;
inner packaging means packaging that—
(a) is capable of performing its containment function without being placed in another packaging; and
(b) is placed in an outer packaging to form a combination packaging for transport;
"licence" means a licence required under these Regulations, unless otherwise stated;
Note
Section 21(1) of the Act gives the Authority power to issue licences.
"licensed firearms dealer" has the same meaning as in the Firearms Act 1996 ;
"licensee", depending on the context in each Division, means a person who holds a specified licence that is required under these Regulations;
"magazine "does not include a receptacle;
"mark" includes a label;
"misfire" means a charge or part of a charge which upon firing has failed to function as intended;
"mobile manufacturing unit" or MMU means a vehicle or mobile unit used for the manufacture of explosives;
"modification "means a change 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 process;
(b) a change to the quantity of explosives present or likely to be present including the introduction of any new explosive;
(c) a change to the quantity of any other dangerous goods present or likely to be present, including the introduction of any new dangerous goods;
(d) a change to a relevant safety management system;
"net explosive quantity "or NEQ means the mass of explosives contained in an explosive;
outer packaging means a packaging that forms the outer protection of a composite or combination packaging for transport and includes any absorbent material, cushioning and other components used to contain or protect inner receptacles or inner packaging;
"package", in relation to goods to be transported, means the goods and their packaging;
"packaging" means one or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions;
"plant" has the same meaning as in the Occupational Health and Safety Act 2004 ;
"port "has the same meaning as in the Port Management Act 1995 ;
"port manager" has the same meaning as in the Port Management Act 1995 ;
"primer" means a cap type primer consisting of metal or plastic cap containing a small amount of primary explosive mixture that is readily initiated by impact;
Examples
Percussion caps, centrefire primers, shotshell primers.
"propellant "means an explosive adapted and intended for use as a propelling charge in weapons, and includes such explosives belonging to Classification Codes 1.1C, 1.1D and 1.3C;
Example
Gunpowder when in finely granulated form.
"protected work" means Class A protected work or Class B protected work;
"public holiday" means a day appointed as a public holiday under the Public Holidays Act 1993 ;
"pyrotechnic substance" means a substance or a mixture of substances designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as a result of an exothermic chemical reaction which does not rely on oxygen from external sources to sustain the reaction;
"pyrotechnician "means a person who holds a licence to use fireworks;
reasonably practicable means reasonably practicable having regard to—
(a) the likelihood of the hazard or risk concerned eventuating; and
(b) the degree of harm to persons or property that would result if the hazard or risk concerned eventuated; and
(c) what the person concerned knows, or ought to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk; and
(d) the availability and suitability of ways to eliminate or reduce the hazard or risk; and
(e) the cost of eliminating or reducing the hazard or risk;
"receptacle" means a container, including a carry box, used to store or carry explosives, but does not include a facility for the storage of explosives exceeding the prescribed quantities as set out in column 3 of Table 82;
"road" means a road within the meaning of the Road Safety Act 1986 ;
"road related area" means a road related area within the meaning of the Road Safety Act 1986 ;
"safety cartridge" means a cartridge, of Classification Code 1.4S, for a weapon including cartridge ammunition;
"safety management system" means a safety management system established and implemented under regulation 37;
"security assessment" means a security assessment furnished by the Australian Security Intelligence Organisation under Part IV of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;
"shotfirer" means a person who holds a licence to use blasting explosives;
"signal tube" means a small-bore flexible plastic tube coated internally with an explosive powder so that it is capable of transmitting a shock wave along the length of the tube;
"sky rocket" means a firework within a casing (with an attachment to stabilise flight) which contains a pyrotechnic substance which upon initiation produces a jet of flame to propel the rocket into the air;
"supervision" in relation to the manufacture, transport, storage, handling or use of explosives, means the supervision by the licensee of a person who is working in the same premises, or is present in an area which is under the control of the licensee;
"the Act" means the Dangerous Goods Act 1985 ;
"theatrical firework" means—
(a) loose poured flash powder; or
(b) a firework that is—
(i) designed to be safe for indoor use for theatrical purposes; and
(ii) fitted with, or adapted to, the use of an electrical ignition device;
"UN number" or UN has the same meaning as in the ADG Code;
"underground magazine" means a magazine that is used for the storage of explosives and detonators and is—
(a) an enclosed cavity formed in underground rock; or
(b) constructed in accordance with AS 2187.1 for underground use;
"use" in relation to explosives includes—
(a) the preparation, charging, discharging or firing of explosives; and
(b) the handling of explosives;
"vessel" means a ship or a boat;
"vulnerable facility" includes—
(a) a multi-storey building;
(b) a large glass fronted building;
(c) a health care or childcare facility or school;
(d) a public building;
(e) a structure of major historical significance;
(f) a facility associated with a major utility, including water, gas and electricity.
(2) In these Regulations, any reference to a quantity of explosives is a reference to net explosive quantity (NEQ) unless otherwise stated.
Note [2]
The Act contains a number of definitions of further terms used in these Regulations, and also a number of interpretation provisions. See Endnote 2.