Western Australian Consolidated Regulations Western Australian Consolidated Regulations In these regulations,
unless the contrary intention appears —
access to an explosive, includes having access to,
or having the means of unlocking, a building, room, container, tank, vehicle
or other thing, or a place, in which the explosive is situated;
Act means the Dangerous Goods Safety
Act 2004 ;
ADG Code means the Australian Code for the
Transport of Dangerous Goods by Road and Rail , Seventh edition, 2007,
published by the Commonwealth of Australia (ISBN 1 921168 57 9)
(also called the Australian Dangerous Goods Code) including (for the avoidance
of doubt) its appendices;
AE Code means the Australian Code for the
Transport of Explosives by Road and Rail , Third Edition 2009, published by
the Commonwealth of Australia (ISBN 978 0 642 32747 5 or ISBN 978 0 642
32753 6) (also called the Australian Explosives Code) including (for the
avoidance of doubt) its technical appendices;
aerial shell has the meaning given to that term by
AS 2187.0;
alternative safety measures has the meaning given
to that term in regulation 6;
ammunition means any cartridge or shell for a gun;
ammunition propellant means a deflagrating
explosive in powder or granula form that is designed to be used in ammunition
to provide propulsion, but not black powder;
ANFO means a mixture of ammonium nitrate and fuel
oil or other oil;
annual fee , for a trading licence, means the
annual fee in Schedule 1 for the licence;
approved code of practice means a code of practice
approved under the Act section 20;
approved form means a form approved under
regulation 13 ;
AS 2187 has the meaning given to that term by
regulation 7 ;
AS 2187.0 has the meaning given to that term by
regulation 7 ;
AS 2187.1 has the meaning given to that term in
regulation 7;
AS 2187.2 has the meaning given to that term in
regulation 7;
authorised explosive means an explosive authorised
under regulation 31;
black powder means an explosive that is
constituted by charcoal, sulphur and potassium nitrate or sodium nitrate in
granula, meal, pellet or powder form and that deflagrates instead of
detonating;
blasting explosive means an authorised explosive
that is used to provide the majority of the force when blasting rock or
similar solid material;
bulk AN-based explosive means ANFO, or any other
explosive that consists mainly of ammonium nitrate, that is not packaged in
the form of a cartridge, plug or stick;
classification code of an explosive, has the
meaning given to that term in regulation 9;
constituent of an article, substance, or mixture
of substances, that is or contains an explosive, means each individual
constituent, whether it is an explosive or not, of the article, substance or
mixture;
destroy an explosive, means to destroy it other
than by initiating it;
district has the meaning given to that term by the
Local Government Act 1995 section 1.4;
emergency device means an article, containing one
or more explosives with or without other substances, that is designed to be
used in distress or an emergency for signalling, warning or rescue
purposes —
(a) to
produce light, sound, gas, smoke, or a combination of them, by means of an
exothermic chemical reaction that does not rely on oxygen from external
sources to sustain the reaction; or
(b) to
propel an article, such as a line or a flare, through the air;
employee of a licence holder includes a partner
of, and a person employed under a contract for services by, the holder;
explosive has the meaning given to that term in
regulation 8 ;
fee means the relevant fee in Schedule 1;
FESA means the Fire and Emergency Services
Authority of Western Australia established under the
Fire and Emergency Services Authority of Western Australia Act 1998 ;
firework means an article or substance, containing
one or more explosives with or without other substances, that is designed to
entertain people by producing light, sound, gas, smoke, or a combination of
them, by means of an exothermic chemical reaction that does not rely on oxygen
from external sources to sustain the reaction, but not a model rocket motor;
fireworks event has the meaning given to that term
in regulation 136;
fireworks event permit means a fireworks event
permit issued under Part 13 Division 4;
ground display has the meaning given to that term
by AS 2187.0;
gun means a firearm, as that term is defined in
the Firearms Act 1973 , or any other weapon that uses an explosive to
propel a missile;
holder of a licence or permit, means the person to
whom the licence or permit is issued;
initiate an explosive, means to explode, fire or
ignite it;
level 1 fine means —
(a) for
an individual, a fine of $10 000;
(b) for
a body corporate, a fine of $50 000;
level 2 fine means —
(a) for
an individual, a fine of $5 000;
(b) for
a body corporate, a fine of $25 000;
level 3 fine means —
(a) for
an individual, a fine of $1 000;
(b) for
a body corporate, a fine of $5 000;
licence means a licence issued or replaced under
Part 15;
manufacture an explosive, includes —
(a) to
mix it with any other substance; and
(b) to
package it; and
(c) to
put it into ammunition;
Material Safety Data Sheet (or MSDS) for an
explosive, means a document in English that contains the information in
relation to the explosive that is required by the National Code of Practice
for the Preparation of Material Safety Data Sheets , 2 nd Edition [NOHSC:
2011(2003)] published by the National Occupational Health and Safety
Commission, whether or not the document is in the form required by that code
of practice;
mine has the meaning given to that term in the
Mines Safety and Inspection Act 1994 section 4(1);
mobile processing unit (or MPU) means a vehicle or
a moveable piece of equipment (also called a mobile mixing unit or MMU)
designed to transport the constituents of a bulk AN-based explosive to the
place where the explosive will be manufactured and used;
model rocket motor means a commercially
manufactured device designed to be used to propel a re-usable rocket built
mainly of paper, wood or plastic for educational or recreational purposes;
MPU stands for mobile processing unit;
MSDS stands for Material Safety Data Sheet;
NEQ stands for net explosive quantity and, of an
article or substance that contains an explosive and other constituents that
are not explosives, means the net quantity of the explosive in the article or
substance, excluding the other constituents;
personal details of an individual, means his or
her name and address and a telephone number or numbers on which he or she can
be contacted during and after working hours;
power device cartridge means a
cartridge —
(a) that
contains an explosive and a means of ignition; and
(b) that
is not ammunition or a power tool cartridge; and
(c) that
has been commercially manufactured; and
(d) that
is designed to accomplish a mechanical action in order to
activate —
(i)
a safety device, such as an air bag or seat belt in a
passenger vehicle or a fire extinguisher or parachute; or
(ii)
a diaphragm, valve or switch;
power tool cartridge means a cartridge —
(a) that
contains an explosive and a means of ignition; and
(b) that
is not ammunition or a power device cartridge; and
(c) that
has been commercially manufactured; and
(d) that
is designed to be used to accomplish a mechanical action in a commercially
manufactured industrial tool, such as a nail gun or humane killer;
prohibited explosive means an explosive referred
to in Schedule 2;
proper shipping name of an explosive, means the
proper shipping name for it under the AE Code;
required details of an explosive, means these
details —
(a) the
trade name of the explosive;
(b) the
proper shipping name of the explosive;
(c) the
UN Number of the explosive under the AE Code;
(d) the
classification code of the explosive;
(e) a
description of the explosive’s packaging or container;
(f) the
quantity of the explosive;
road means a road or other place, other than at a
mine, over which vehicles move, whether on private property or not, that is
open to, or used by, the public, whether on payment of consideration or not;
secure , in relation to an explosive, means secure
from sabotage, theft, unexplained loss, and access by any person who, under
these regulations, is not authorised to possess the explosive;
secure employee of a licence holder, means an
individual who —
(a) is
an employee of the licence holder; and
(b) is
authorised by the holder under regulation 23(2) to have unsupervised access to
an explosive;
security card means a card issued under
regulation 17 ;
security clearance for an individual, has the
meaning given to that term by regulation 16;
security risk substance has the meaning given to
that term by the
Dangerous Goods Safety (Security Risk Substances) Regulations 2007
regulation 3;
sell includes to barter, exchange, offer for sale
and expose for sale;
SRS stands for security risk substance;
State land means any Crown land (as that term is
defined in the Land Administration Act 1997 ) or any land owned by the Crown,
an agency of the Crown, the State or a government agency (as that term is
defined in the Act section 51(1));
State explosives facility means any area of State
land on which explosives or other dangerous goods are manufactured or stored;
store an explosive, does not include to put or
keep the explosive in a vehicle while transporting the explosive;
supervised , in relation to access to an
explosive, has the meaning given to that term by regulation 10(1);
supervised access by a person to an explosive, has
the meaning given to that term by regulation 10(2);
supply includes to sell and has a meaning affected
by regulation 11;
test permit means a permit issued under
regulation 28 ;
trading licence means —
(a) an
explosives import/export licence; or
(b) an
explosives manufacture licence; or
(c) an
explosives manufacture (MPU) licence; or
(d) an
explosives storage licence; or
(e) an
explosives transport licence; or
(f) an
explosives supply licence;
unexplained loss of an explosive, means any loss
or apparent loss of the explosive that cannot be explained by things such as
product density changes, spillage, calibration variances and the effects of
humidity;
unrestricted firework means a firework referred to
in Schedule 3;
unsupervised access by a person to an explosive,
has the meaning given to that term by regulation 10(3);
UNTC means the Recommendations on the Transport of
Dangerous Goods, Manual of Tests and Criteria , Fourth revised edition,
published by the United Nations (ISBN 92 1 139087 7);
use an explosive, means to initiate or attempt to
initiate it.
[Regulation 3 amended in Gazette
24 Nov 2009 p. 4737; 16 Mar 2012 p. 1173‑4
and p. 1263.]