Explosives Regulation 2024

This regulation is the Explosives Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Explosives Regulation 2013, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

The dictionary in Schedule 5 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 4(2), the mining workplace regulator is declared to be the regulatory authority for mining workplaces, but only for the following—

examination and inspection of explosives or explosive precursors,

notification under sections 81 and 82,

appointment of inspectors,

investigation of the breach of—

the Act, or

this regulation, or

a licence condition.

For the Act, section 36(1), if more than 1 person has a duty in relation to the same matter each person with the duty must, so far as is reasonably practicable, consult, cooperate and coordinate activities with each other person with the duty.

The register of explosives must, on and from 1 July 2025, be published on the regulatory authority’s website.

Notice of the cancellation of the registration of an explosive must be published on the website of the regulatory authority for a minimum of 12 months.

A person must not handle an explosive that is not an authorised explosive.

Maximum penalty—250 penalty units.

A person must not falsely represent an explosive as being a authorised explosive.

Maximum penalty—250 penalty units.

A person must not use, modify, or attempt to use or modify, an explosive to produce an explosive effect for which the explosive was not designed.

Maximum penalty—350 penalty units.

A person who handles, uses or modifies an explosive does not commit an offence under this section or section 8 if the person—

is authorised to handle the explosive by a licence to manufacture, and

handles, uses or modifies the explosive—

during a research and development project during the permitted period of the project, and

in accordance with the requirements applying under hazard division 1.1, and approved by the regulatory authority for the project, and

intends to apply for authorisation for the new or modified explosive resulting from the research and development project.

Subsection (2) does not apply to explosives that are goods too dangerous to be transported, within the meaning of the ADG Code or the Australian Explosives Code.

To avoid doubt, a person who develops or modifies an explosive in accordance with this section—

may handle a new or modified explosive resulting from the research and development project, and

must not supply the new or modified explosive to another person.

In this section—

permitted period, for a research and development project, means—

a period of 6 months, or

a longer period approved by the regulatory authority for the project.

research and development project means a project carried out for the purpose of testing and developing an explosive that is a new explosive, or a modified version of an existing explosive.

An individual who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a security clearance that is in force.

A person who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a licence authorising the person to handle the explosives or explosive precursors.

A licence authorises the handling of the explosives or explosive precursors specified in the licence.

If the licence specifies the maximum quantity of an explosive or explosive precursor that may be handled under the licence, a person acting under the authority of the licence must not handle more than the specified maximum quantity.

Maximum penalty—250 penalty units.