Explosives Act 2003/Explosives Reg 2013 Flashcards
Explosives Act
Section 6 Licences required for handling explosives and explosive precursors.
A person must not handle an explosive or an explosive precursor if.
* The regulations require the handling to be authorised by a licence under this Act.
* The person is not authorised by a licence under this act.
Explosives Act
Section 6A security clearance must be held in certain circumstances.
A natural person must not handle any explosive or explosive precursor if.
* The regulations require the person to hold a security clearance that is in force when handling the explosive or the explosive precursor.
* The person does not hold a security clearance to handle the explosive or explosive precursor concerned.
Explosives Regs
Section 6 Regulatory authority for mining workplaces.
For the purpose of the act, the Security of the Department of Planning and Environment is the regulatory authority for mining (Resource Regulator), but only in relation to the following.
* Examination and inspection of explosives and explosive precursors.
* Notification of loss of explosives and explosive precursors.
* Notification of serious incidents.
* Investigation of breaches of the Act.
* Appointment of inspectors under the Act.
Explosives Regs
Section 9 Security clearance required to handle explosives or explosive precursors.
Except as provided by section 10, a natural person is required to hold a security clearance that is in force to handle any explosive or explosive precursor.
Explosives Regs
Section 10 Exceptions from requirement to hold security clearance.
Supervised handlers a natural person is not required to hold a security clearance if.
* The person is handling explosives under direct supervision of a person who holds a security clearance that is in force.
* The person is employed, engaged, or being instructed by the holder of a licence that authorises the holder to handle explosives.
* The person is handling the explosives in manner authorised by the licence.
Explosives Regs
Section 84 Storage.
A licence holder must explosives and precursors when not being used or transported are kept.
* In a secure magazine. (explosives)
* In a secure store. (precursors)
A secure magazine must comply with the following.
* Must be designed, constructed, located in accordance with AS 2187.
* Method of storage must be safe, secure, and fit for purpose.
* Magazine must be marked, maintained, and used in a manner that provides for the safety of the licence holders employees and contractors and members of the public.
A secure store is a physical place for the keeping of explosive precursors and must comply with the following.
* Kept secure by lock or constant surveillance.
* Must be inaccessible to persons not authorised.
Procedures for control, access, control of keys, documenting movement in and out of store must be in place.
A person who removes explosives or precursors from a secure magazine must.
* Keep them under direct supervision until they are placed in a store or magazine.
* After use, any explosives or precursors that are not used are returned to the magazine or secure store.
A person ensures explosives are kept under direct supervision if.
* The person keeps them under immediate supervision.
* The person causes them to be kept under immediate supervision of a natural person who holds a current security clearance.
Explosives Regs
Section 102 Notification of loss or theft of explosives or explosive precursors.
A licence holder must immediately notify each relevant authority if any explosive or explosive precursor in the possession, custody or control of a licence holder is.
* Lost.
* Stolen.
* Subject of attempted theft.
We must report to all relevant authority means.
* Safe work NSW.
* A Police officer.
* Resource Regulator.
Explosives Regs
Section 103 Notification of a serious incident involving explosives or explosive precursors.
A licence holder must give notice of any serious incident relating to explosives or precursors.
A serious incident means.
* Uncontrolled fire or explosion.
* Incident resulting in death, serious injury or substantial damage to property.
* Any other incident involving risk of uncontrolled explosion, fire, death, serious injury or damage.
Notice must contain full particulars including if the incident resulted in.
* Death
* Serious injury.
* Serious damage.
Notice must be given as soon as practicable after the licence holder becomes aware of the incident and by.
* Telephone
* Electronic communication.
The licence holder must ensure areas are not used or interfered with or disturbed for a period of 36 hours after notice of a serious incident has been given.
* Area within 4m of the incident.
* Area within 4m of the place affected by the incident.
A licence holder who has given notice under WHS Act 2011 (section 35-37) is not required to notify again.
This clause does not prevent any action.
* Remove a trapped or injured person.
* Avoid injury to a person or damage to property.
* For the purpose of a police investigation.
* With permission of an inspector.
Serious incident means.
* Uncontrolled explosion or fire.
* Risk of an uncontrolled explosion or fire.
* Death or serious injury of a person.
* An incident involving risk of the death of a serios injury to a person or substantial damage to property.
Explosives Regs
Section 105 Fire Hazards.
A person must not.
* Take any substance or thing that may spontaneously ignite or cause fire or explosion into, or within 10m of a place where explosives are handled.
* Smoke or conduct any other activity that may generate an ignition source in, or within 10m of a place where explosives are handled.
