Dangerous Goods (HCDG) Regulations 2005
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Dangerous Goods (HCDG) Regulations 2005
S.R. No. 96/2005
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
101. Objectives 1
102. Authorising provision 1
103. Commencement 2
104. Definitions 2
105. Security assessments 5
PART 2—HCDG LICENCES 6
201. Who requires a licence? 6
202. Demonstrating a lawful need to have access to HCDG 8
203. Application for licence 8
204. Proof of applicant's identity and consent required 10
205. Requirements to be satisfied before licence can be issued 11
206. Prescribed particulars for security plans 12
207. Licensee must review and revise security plans 13
208. Effect of licence and conditions 13
209. Renewal of licences 14
210. Obligation to observe licence conditions and Regulations 16
211. Import and export of HCDG 17
PART 3—PERMITS FOR UNSUPERVISED ACCESS TO HCDG 19
301. Applying for a permit 19
302. Issue of permits 19
303. Renewal of permit 21
304. Refusal of permit 21
305. Authority may amend, suspend or revoke permit 22
PART 4—SALE OR SUPPLY OF HCDG 24
401. Prohibitions on sale or supply of HCDG 24
402. Sales and supply records 25
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PART 5—EXEMPTIONS 27
501. Exemption from these Regulations 27
502. Authority may grant class exemptions on its own motion 28
503. Power of Authority to amend, suspend or revoke exemptions 29
504. Refusal of request for exemption 30
505. Mutual recognition—licence to transport HCDG 31
506. Mutual recognition—other HCDG licences 31
507. Mutual recognition—permits for unsupervised access to HCDG 32
PART 6—FEES 33
601. Fees for licences 33
602. Fees for security assessments and searches 33
603. Fee for amendment of a licence 34
PART 7—DANGEROUS GOODS (EXPLOSIVES)
REGULATIONS 2000 35
701. Objectives of Regulations 35
702. Definitions 35
703. Requirements applying to licences generally 35
704. New regulations 123A, 123B, 123C, 123D, 123E and 123F
inserted 36
123A. Proof of identity and consent required 36
123B. Requirements to be satisfied before person can hold a
licence 38
123C. Prescribed particulars for security plans 39
123D. Duty to review and revise security plan 39
123E. Renewal of licences 39
123F. Security assessments 42
705. New regulation 513 substituted 42
513. Savings for permits to use blasting explosives 42
706. Waiver of licence fees for blasting explosives 42
707. New regulation 1213A inserted 43
1213A. Additional fee for security assessments and searches 43
708. New Schedule 4 inserted 44
SCHEDULE 4—Particulars for Security Plans Required by the
Authority 44
709. Revocation of primary producers' exemptions 46
PART 8—CONSEQUENTIAL AMENDMENTS TO OTHER
REGULATIONS 47
801. Dangerous Goods (Transport by Rail) Regulations 1998 47
802. Dangerous Goods (Storage and Handling) Regulations 2000 47
__________________
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SCHEDULES 48
SCHEDULE 1—Prescribed Particulars for Security Plans for Licences
Authorising a Person to Store HCDG 48
SCHEDULE 2—Prescribed Particulars for Security Plans for Licences
Authorising a Person to Transport HCDG 49
═══════════════
ENDNOTES 52
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1
STATUTORY RULES 2005
S.R. No. 96/2005
Dangerous Goods Act 1985
Dangerous Goods (HCDG) Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 2 August 2005
Responsible Minister:
JOHN LENDERS
Minister for WorkCover
RUTH LEACH
Clerk of the Executive Council
PART 1—PRELIMINARY
101. Objectives
The objectives of these Regulations are to—
(a) regulate access to high consequence
dangerous goods;
(b) provide for the management of risks arising
out of security concerns associated with
explosives and high consequence dangerous
goods;
(c) make further provision for explosives;
(d) make consequential amendments to other
regulations made under the Dangerous
Goods Act 1985.
102. Authorising provision
These Regulations are made under section 52 of
the Dangerous Goods Act 1985.
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103. Commencement
(1) These Regulations, except regulation 201, Part 4,
and regulation 709, come into operation on
1 October 2005.
(2) Regulation 201, Part 4, and regulation 709 come
into operation on 1 January 2006.
104. Definitions
In these Regulations—
"authorised person" means—
(a) in relation to an HCDG licence—
(i) the licensee; and
(ii) if the Authority requires a security
plan in relation to the licence,
each person named in that security
plan as an authorised person with
unsupervised access to HCDG;
and
(b) in relation to a permit issued in
accordance with Part 3, the person who
holds the permit;
"constant surveillance", in relation to HCDG,
means the presence of—
(a) an authorised person who is monitoring
the HCDG; or
(b) monitored video or other electronic
surveillance of the HCDG;
"known information" has the same meaning as
in section 21A of the Act;
"secure" means secure from—
(a) theft; and
(b) unexplained loss; and
(c) sabotage; and
r. 103
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(d) access to HCDG by a person who is not
an authorised person or is not under the
supervision of an authorised person;
"secure store" or "secure site" mean a secure
place where HCDG is kept under lock and
key or is under constant surveillance, and
where there are procedures for—
(a) controlling access to the store or site;
and
(b) secure control of keys to the store or
site; and
(c) documenting the dispatching and
receiving of measured quantities of
HCDG;
"security assessment" means a security
assessment issued by the Australian Security
Intelligence Organisation under Part IV of
the Australian Security Intelligence
Organisation Act 1979 of the
Commonwealth;
"security plan", in relation to an HCDG licence,
means a plan to effectively manage all
security risks relevant to the activities
undertaken by the licensee with respect to
HCDG;
"security risk", in relation to HCDG, means the
likelihood of—
(a) the theft of the HCDG; or
(b) the unexplained loss of the HCDG; or
(c) the sabotage of the HCDG; or
(d) access to the HCDG by a person who is
not an authorised person or is not under
the supervision of an authorised person;
r. 104
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"specified proof of identity" has the same
meaning as in section 21A of the Act;
"supervised access", in relation to an HCDG
licence, means access to HCDG by a person
that occurs under the supervision of an
authorised person or when working in an
area described in a security plan in relation
to the licence that has been specifically set
aside and identified as a supervised area with
appropriate controls and duties delegated to
personnel operating in that area;
"the Act" means the Dangerous Goods Act
1985;
"under lock and key" includes—
(a) in a secure building that is locked when
not in use;
(b) in a secure shed with entrances and
windows that are locked or barred when
not in use;
(c) in a secure freight container, cabinet or
cage that is locked when not in use;
(d) in a compound with a security fence;
(e) in the case of HCDG stored in the open
for agricultural purposes, in a fertiliser
field bin with a seal that indicates if it
has been tampered with;
(f) in the case of HCDG emulsions or
liquids, a secure tank that is locked
when not in use;
(g) in the case of solid HCDG being
transported in bulk, in a secure vehicle
fitted with tamper-proof seals in all
places from which HCDG could be
removed;
r. 104
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"unexplained loss", in relation to HCDG, means
any loss the cause of which cannot be
explained by product density changes,
spillage, calibration variances or the effects
of humidity or other like things;
"unsupervised access", in relation to HCDG,
includes access by a person who is not an
authorised person (if no authorised person is
present or has control over the HCDG)—
(a) to a secure store or secure site; or
(b) to the keys to a secure store or secure
site; or
(c) to HCDG while it is being transported.
105. Security assessments
The Australian Security Intelligence Organisation
is a prescribed body for the purposes of section
21A(6)(c) of the Act.
__________________
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PART 2—HCDG LICENCES
201. Who requires a licence?
(1) A person must not import, export, manufacture,
store, sell, supply, use, handle, transfer, transport
or dispose of HCDG unless the person—
(a) holds a valid HCDG licence authorising the
person to undertake those activities; or
(b) holds a valid permit under Part 3 to have
unsupervised access to HCDG and is named
in the security plan of the relevant HCDG
licensee and is authorised by the licensee in
relation to that activity; or
(c) is supervised by an authorised person.
(2) The requirement to hold a licence to store, use,
handle, dispose of or transport HCDG does not
apply to a person who stores, uses, handles,
disposes of or transports HCDG on behalf of an
educational or research institution or a laboratory
if—
(a) the institution or laboratory is in a class of
institution or laboratory approved in writing
by the Authority for the purposes of this sub-
regulation; and
(b) the person—
(i) stores, uses, handles, disposes of or
transports not more than the approved
quantity of HCDG that has been
approved in writing by the Authority
for the purposes of this sub-regulation;
and
(ii) does so for the purposes of educational
instruction or scientific research or
testing.
r. 201
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(3) The requirement to hold a licence to transport
HCDG does not apply to the transport of
(a) less than the quantity of an HCDG that has
been approved in writing by the Authority
for the purposes of this paragraph;
(b) less than the quantity of an HCDG that has
been approved in writing by the Authority
for the purposes of this paragraph in a non-
stop journey if the transport is by a person
who holds a primary producer licence for the
HCDG;
(c) HCDG that has been approved in writing by
the Authority for the purposes of this
paragraph by a person who holds a primary
producer licence if the person transports the
HCDG to which the licence relates across a
public highway which divides the property
from one part of the property specified on
the licence to another part;
(d) HCDG by a person within the boundaries of
that person's property.
(4) In sub-regulation (3) a reference to a "non-stop
journey" is a reference to a journey undertaken
on a public highway or waterway transporting
HCDG from one secure store or secure site to
another or to a site where it is to be used during
which the HCDG is kept under constant
surveillance.
(5) An approval by the Authority under sub-
regulation (2) or (3) that does not relate to a
person or body named in the approval must be
published in the Government Gazette and on the
Internet on a website maintained by the Authority.
r. 201
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202. Demonstrating a lawful need to have access to
HCDG
(1) A person who applies for an HCDG licence or
renewal of an HCDG licence must provide
sufficient information about the person's proposed
activities to enable the Authority to determine
whether the person has demonstrated a lawful
need for access to HCDG declared under
section 9B(1B) of the Act.
(2) An applicant must provide information about the
agricultural, commercial, industrial or other
process or activity undertaken or proposed to be
undertaken by the applicant that demonstrates that
the applicant has a lawful need for access to
HCDG declared under section 9B(1B) of the Act.
203. Application for licence
(1) A person may apply to the Authority for—
(a) a licence authorising the person to
manufacture, store, use, dispose of, handle
and supply HCDG;
(b) a licence authorising the person to import
HCDG into Victoria from another country, to
handle, supply, transfer and sell HCDG at
any place specified in the licence and to store
HCDG at any place specified in the licence;
(c) a licence authorising the person to export
HCDG from Victoria to another country, to
handle, supply, transfer and sell HCDG at
any place specified in the licence and to store
HCDG at any place specified in the licence;
(d) a licence authorising the person to handle or
store HCDG at a place specified in the
licence;
r. 202
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(e) a licence authorising the person to handle,
supply, transfer, store and sell HCDG at any
place specified in the licence;
(f) a licence authorising the person to transport
HCDG and, for that purpose, to handle
HCDG;
(g) a licence authorising the person to use,
handle and dispose of HCDG and to store
HCDG at any place specified in the licence;
(h) a licence authorising a person who is a
primary producer to store, use, dispose of
and handle HCDG that is used or intended to
be used in connection with the business of
the primary producer and not held by the
primary producer for the purpose of transfer
or sale.
(2) An application for an HCDG licence must—
(a) be in the form and manner required by the
Authority; and
(b) be accompanied by the fee prescribed in
Part 6.
(3) The Authority may require an applicant to submit
any information that the Authority considers
necessary to assess the application including, but
not limited to—
(a) plans, drawings, specifications or
calculations;
(b) details of management and operating
procedures;
(c) results of hazard or risk studies.
r. 203
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204. Proof of applicant's identity and consent required
(1) An applicant who is a natural person must—
(a) provide specified proof of identity; and
(b) consent to the Authority obtaining, and
provide sufficient information to enable the
Authority to obtain, known information
concerning the applicant to determine
whether he or she has satisfied the
requirements of regulation 205 to hold an
HCDG licence.
(2) An applicant which is a body corporate must
provide details of the incorporation of the body.
(3) An application by a body corporate, other than a
body corporate that is a public company, must be
accompanied by the nomination of at least one
director or person concerned in the management
of the body corporate who has consented to that
nomination.
(4) The nominated person must—
(a) provide the Authority with his or her
specified proof of identity; and
(b) consent to the Authority obtaining, and
provide sufficient information to enable the
Authority to obtain, known information
concerning the person to determine whether
he or she has satisfied the requirements of
regulation 205 to be a director or person
concerned in the management of a body
corporate that holds an HCDG licence.
(5) An application from a body corporate for a licence
must be accompanied by a nomination of a natural
person who has consented to the nomination and
who is to be responsible for the security of the
goods under the licence (who may or may not be a
nominated director).
r. 204
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(6) The person nominated under sub-regulation (5)
must—
(a) provide the Authority with his or her
specified proof of identity; and
(b) consent to the Authority obtaining, and
provide sufficient information to enable the
Authority to obtain, known information
concerning the person to determine whether
the person has satisfied the requirements of
regulation 205 to be responsible for the
security of HCDG under an HCDG licence.
205. Requirements to be satisfied before licence can be
issued
(1) This regulation sets out the prescribed
requirements for the purposes of the following
provisions of the Act—
(a) section 21A(3)(a)(iii) (prescribed
requirements for a natural person to hold an
HCDG licence);
(b) section 21A(3)(b) (prescribed requirements
for a person to be a director or person
concerned in the management of a body
corporate that holds an HCDG licence);
(c) section 21A(3)(c) (prescribed requirements
for a person to be responsible for the security
of HCDG under an HCDG licence);
(d) section 21A(3)(e) (other prescribed
requirements for an applicant for licence).
(2) The prescribed requirements are that
(a) the applicant—
(i) in the case of a natural person, is a
resident of Victoria; or
r. 205
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(ii) in the case of a body corporate, carries
on a business in Victoria that relates to
HCDG; and
(b) a security assessment has been received
about the person that is not an adverse
security assessment within the meaning of
the Australian Security Intelligence
Organisation Act 1979 of the
Commonwealth; and
(c) a search of other known information about
the person has been made and the Authority
is satisfied that the person has not been
convicted or found guilty of, or has a charge
pending for, an offence relating to violence,
weapons, terrorism, damage to property,
illegal drugs or dishonesty within the last
10 years that in the opinion of the Authority
would pose a security risk in relation to that
person.
(3) Nothing in these Regulations requires a person to
undergo a security assessment if the person has,
under the same name, previously undergone a
security assessment under these Regulations or the
Dangerous Goods (Explosives) Regulations
20001 .
206. Prescribed particulars for security plans
For the purposes of section 21A(2)(b) of the Act
the prescribed particulars for—
(a) a licence that includes an authority to store
HCDG are set out in Schedule 1; and
(b) a licence that includes an authority to
transport HCDG are set out in Schedule 2.
r. 206
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207. Licensee must review and revise security plans
(1) It is a condition of an HCDG licence that, if the
Authority requires the licensee to provide a
security plan, the licensee must ensure that the
security plan is reviewed and, if necessary,
revised.
(2) A security plan must be revised if the security
plan no longer sufficiently addresses the
particulars set out in Schedule 1 or Schedule 2.
208. Effect of licence and conditions
(1) An HCDG licence authorises the licensee to
engage in the activities specified in the licence, for
the term specified in the licence, subject to any
condition, limitation or restriction specified in the
licence or set out in these Regulations.
(2) Without limiting sub-regulation (1), the Authority
may impose a condition that measures to control
security risks must be implemented by a specified
date that is not later than 12 months after the
licence is issued.
(3) An HCDG licence is valid only—
(a) for the period specified in the licence or
5 years from the date of issue of the licence
(whichever occurs first);
(b) in respect of the person to whom it is issued;
(c) in the case of a licence held by a body
corporate, while there continues to be a
person nominated under the licence who has
satisfied the requirements prescribed for the
purposes of section 21A(3)(b) of the Act;
(d) while there continues to be a person
nominated under the licence who is
responsible for the security of the HCDG and
who has satisfied the requirements
r. 207
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prescribed for the purposes of section
21A(3)(c) of the Act;
(e) in the case of a licence held by a natural
person, if the licensee continues to generally
use and be known by the name specified in
the licence;
(f) in respect of the HCDG specified in the
licence;
(g) in respect of the lawful need or needs
specified in the licence.
(4) It is a condition of an HCDG licence that—
(a) the licensee must not allow any person to
have unsupervised access to HCDG in the
possession or under the control of the
licensee unless that person holds a permit
under Part 3 to have the access and the
person is nominated on the security plan in
relation to the licence;
(b) a licensee who no longer has a lawful need
for access to the HCDG specified in the
licence must, as soon as practicable, notify
the Authority in writing accordingly;
(c) the licensee must observe the requirements
of, and the procedures specified in, any
security plan in relation to the licence.
209. Renewal of licences
(1) A licensee may apply to the Authority for a
renewal of the licence for a further term by
providing the Authority with—
(a) a written application for renewal at least
1 month before the expiry of the licence; and
(b) the necessary consent and information
required by sub-regulation (2); and
(c) the fee prescribed in Part 6.
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(2) For the purpose of enabling the Authority to
assess whether a licence should be renewed—
(a) if the licensee is a natural person, he or she
must—
(i) provide the Authority with his or her
specified proof of identity (if not
previously provided); and
(ii) consent to the Authority obtaining, and
provide sufficient information to enable
the Authority to obtain, known
information concerning the licensee to
determine whether he or she has
satisfied the requirements of
regulation 205 to hold an HCDG
licence; and
(b) if the licensee is a body corporate, other than
a public company—
(i) the application for renewal must be
accompanied by the nomination of at
least one director or person concerned
in the management of the body
corporate who has agreed to the
nomination; and
(ii) that nominated person must provide
the Authority with specified proof of
his or her identity (if not previously
provided); and
(iii) that nominated person must consent to
the Authority obtaining, and provide
sufficient information to enable the
Authority to obtain, known information
concerning the person to determine
whether he or she has satisfied the
requirements of regulation 205 to be a
director or person concerned in the
r. 209
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management of a body corporate that
holds an HCDG licence; and
(c) in the case of all bodies corporate—
(i) the application must be accompanied
by the nomination of a natural person
who has agreed to the nomination and
who is to be responsible for the security
of the goods under the licence (who
may or may not be the person
nominated under paragraph (b)); and
(ii) the person nominated under sub-
paragraph (i) must provide the
Authority with his or her specified
proof of identity (if not previously
provided); and
(iii) the person nominated under sub-
paragraph (i) must consent to the
Authority obtaining, and provide
sufficient information to enable the
Authority to obtain, known information
concerning the person to determine
whether the person has satisfied the
requirements of regulation 205 to be
responsible for the security of the
HCDG under an HCDG licence.
(3) Nothing in this regulation requires a person to
undergo a security assessment if the person has
previously undergone a security assessment under
the same name under these Regulations or the
Dangerous Goods (Explosives) Regulations 2000.
210. Obligation to observe licence conditions and
Regulations
(1) A licensee must ensure that any person involved
in an activity that is authorised under the HCDG
licence—
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(a) complies with the conditions, limitations or
restrictions of the licence and the applicable
requirements of these Regulations; and
(b) receives sufficient and appropriate
information, instruction, training and
supervision to be able to do so.
(2) A person involved in an activity authorised under
an HCDG licence must co-operate with the
licensee in relation to any direction given, or
action taken, by the licensee or by any person
authorised by the licensee, to comply with sub-
regulation (1).
(3) For the purposes of this regulation, "person"
includes a person at a site at which an activity
authorised by an HCDG licence is occurring who
is—
(a) employed under a contract of employment;
or
(b) employed under a contract of training; or
(c) engaged under any other contract to perform
a specific task; or
(d) authorised by the licensee to enter a site that
is managed or occupied by the licensee.
211. Import and export of HCDG
(1) A person who holds a licence to import HCDG
must not import HCDG into Victoria from another
country unless, at least 7 days before the date of a
proposed importation, that person has notified the
Authority of the proposed importation.
(2) A notice under sub-regulation (1) must include
details of the following—
(a) the type and quantity of HCDG being
imported;
r. 211
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(b) a certificate of analysis for each batch of the
HCDG;
(c) identification of the ship, boat or aircraft
transporting the HCDG;
(d) the arrival location of the ship, boat or
aircraft;
(e) the authorisation and contact details of the
recipient of the HCDG;
(f) where the HCDG will be stored on arrival in
Victoria;
(g) the authorisation and contact details of the
person or agent who will transport the
HCDG from the arrival location to its storage
destination.
(3) A person who holds a licence to export HCDG
must not export HCDG from Victoria to another
country unless, at least 7 days before the date of a
proposed exportation, that person has notified the
Authority of the proposed exportation.
(4) A notice under sub-regulation (3) must include
details of the following—
(a) the type and quantity of HCDG being
exported;
(b) the destination of the HCDG;
(c) identification of the ship, boat or aircraft
transporting the HCDG;
(d) confirmation that the shipment of HCDG
complies with any import regulations of the
receiving country.
__________________
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PART 3—PERMITS FOR UNSUPERVISED ACCESS TO
HCDG
301. Applying for a permit
(1) A natural person who is a resident of Victoria may
apply to the Authority for a permit to have
unsupervised access to HCDG.
(2) An application for a permit must be—
(a) in the form and manner required by the
Authority; and
(b) accompanied by the fee prescribed in Part 6.
(3) An applicant must—
(a) provide the Authority with his or her
specified proof of identity; and
(b) consent to the Authority obtaining, and
provide sufficient information to enable the
Authority to obtain, known information
concerning the person to determine whether
the person is suitable to have access to
HCDG.
(4) The Authority may require an applicant to submit
any other information that the Authority considers
necessary to assess the application.
302. Issue of permits
(1) The Authority may issue a permit to an applicant
if—
(a) a security assessment has been received
concerning the applicant that is not an
adverse security assessment within the
meaning of the Australian Security
Intelligence Organisation Act 1979 of the
Commonwealth; and
r. 301
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(b) a search of any other known information
concerning the applicant has been made and
the Authority is satisfied that the applicant
has not been convicted or found guilty of, or
has a charge pending for, an offence relating
to violence, weapons, terrorism, damage to
property, illegal drugs or dishonesty within
the last 10 years that in the opinion of the
Authority would pose a security risk in
relation to that person; and
(c) the Authority is satisfied that the applicant is
a suitable person to hold a permit.
(2) A permit only authorises the person to whom it is
issued to have unsupervised access to HCDG if
that person is nominated as an authorised person
in the security plan of a person who holds an
HCDG licence.
(3) A permit authorises the person to whom it is
issued to undertake any activity authorised by the
HCDG licence and set out in the relevant security
plan including access to HCDG—
(a) at a secure store or a secure site; or
(b) in the course of the transport of HCDG; or
(c) in the course of the use, handling or disposal
of HCDG.
(4) A permit continues in operation for the term of no
more than 5 years specified in the permit and
subject to any condition, limitation or restriction
specified in the permit.
(5) Nothing in this regulation requires a person to
undergo a security assessment if the person has,
under the same name, previously undergone a
security assessment under these Regulations or the
Dangerous Goods (Explosives) Regulations 2000.
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303. Renewal of permit
(1) The holder of a permit may apply for the renewal
of the permit for a further term not exceeding
5 years.
(2) An application for the renewal of a permit must be
made to the Authority in the form and manner
required by the Authority.
(3) The Authority may renew the permit if—
(a) the applicant consents to the Authority
obtaining, and provides sufficient
information to enable the Authority to
obtain, a search of any known information
concerning the applicant; and
(b) as a result of the search, the Authority is
satisfied that the applicant has not been
convicted or found guilty of, or has a charge
pending for, an offence relating to violence,
weapons, terrorism, damage to property,
illegal drugs or dishonesty within the last
10 years that in the opinion of the Authority
would pose a security risk in relation to that
person; and
(c) the Authority is satisfied that the applicant is
still a suitable person to hold a permit.
(4) Nothing in this regulation requires a person to
undergo a security assessment if the person has,
under the same name, previously undergone a
security assessment under these Regulations or the
Dangerous Goods (Explosives) Regulations 2000.
304. Refusal of permit
(1) If the Authority refuses to issue or renew a permit,
the Authority must send by post to the applicant
written notice of the refusal setting out the reasons
for the refusal.
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(2) If the Authority refuses to renew a permit, it must
send the written notice to the applicant at least
2 months before the permit expires unless the
application for renewal is received by the
Authority less than 2 months before the permit
expired.
305. Authority may amend, suspend or revoke permit
(1) The Authority may amend, suspend or revoke a
permit.
(2) If a document evidencing a permit has been issued
by the Authority and that permit is amended,
suspended or revoked, the permit holder must
surrender the document to the Authority on
demand.
(3) A permit must not be suspended for longer than
six months.
(4) The Authority must not amend, suspend or revoke
a permit, unless it has—
(a) notified the holder of the permit that the
Authority is proposing to amend, suspend or
revoke (as the case may be) the permit; and
(b) provided the holder of the permit with
written reasons for the proposed course of
action; and
(c) invited the holder of the permit to make a
submission within a specified time on the
proposed course of action including a
submission on the appropriate amendment
(if any) to be made; and
(d) considered any submissions that are made in
response to the invitation within the
specified time.
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(5) A decision of the Authority to amend, suspend or
revoke a permit does not take effect until the end
of one month's notice by the Authority to the
holder of the permit unless sub-regulation (6)
applies.
(6) If, in the opinion of the Authority, there exists a
significant danger to persons or property the
amendment, suspension or revocation of the
permit takes effect on the date the Authority
notifies the holder of the permit of its decision.
__________________
r. 305
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PART 4—SALE OR SUPPLY OF HCDG
401. Prohibitions on sale or supply of HCDG
(1) A person must not must not sell or supply HCDG
unless the person holds a licence to supply the
HCDG.
(2) A person must not sell or supply HCDG to
another person unless the person to whom the
HCDG is supplied has provided appropriate
identification and proof that he or she—
(a) holds an HCDG licence authorising the
person to store, use, sell or supply HCDG; or
(b) holds a permit under Part 3 and is acting for
a person who holds an HCDG licence
authorising the person store, use, sell or
supply HCDG; or
(c) is exempt under regulation 502 from the
requirement to hold an HCDG licence
authorising the person to store, use, sell or
supply HCDG; or
(d) is employed by and acting for an exempt
person referred to in paragraph (c); or
(e) is employed by or acting for an educational
or research institution or laboratory referred
to in regulation 201(2).
(3) A person who sells or supplies an HCDG to
another person must ensure that—
(a) the information required by regulation
402(1) has been recorded in the supply or
sales record; and
(b) the person to whom the HCDG is sold or
supplied to has signed the supply or sales
record.
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(4) A person seeking to purchase or be supplied with
HCDG must not provide false or misleading
information in connection with the purchase or
supply.
(5) A person must not sell or supply to another person
in one day an amount of HCDG that exceeds the
amount (if any) that the other person is authorised
to purchase or be supplied with.
402. Sales and supply records
(1) A person who holds an HCDG licence that
authorises the person to sell or supply HCDG
must make written sales or supply records that
contain the following information—
(a) the types and quantities of all HCDG
received by the licensee and the date on
which it was received; and
(b) for each sale of HCDG by the licensee—
(i) the date of the sale or supply; and
(ii) the name, signature, address and
telephone number of the person to
whom the HCDG was sold or supplied;
and
(iii) details of the licence or exemption
referred to in regulation 401(2)
authorising the person to be sold or
supplied with the HCDG; and
(iv) the type and quantity of HCDG sold or
supplied.
(2) A licensee who is required to maintain a sales or
supply record must—
(a) retain the record for at least 5 years after the
date of the transaction which it records; and
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(b) make the record available for examination by
an inspector or member of the police force at
the place, or at one of the places, at which
sales or supplies are made.
__________________
r. 402
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PART 5—EXEMPTIONS
501. Exemption from these Regulations
(1) A person may apply to the Authority for an
exemption in whole or part from compliance with
any requirement in these Regulations, except a
requirement to hold an HCDG licence.
(2) An application for an exemption must—
(a) state the regulation or regulations from
which exemption is sought; and
(b) explain the method by which the applicant
intends to ensure that there is a level of
security of HCDG that is at least equivalent
to that which would be achieved by
complying with that regulation or
regulations.
(3) The Authority may—
(a) grant an exemption in whole or in part; or
(b) refuse an exemption.
(4) The Authority must not grant an exemption unless
it is satisfied that the method proposed in sub-
regulation (2)(b) is capable of achieving a level of
security of HCDG that is at least equivalent to the
level that would be achieved if the relevant
regulation or regulations were complied with.
(5) An exemption granted by the Authority must be in
writing.
(6) The Authority may impose conditions on an
exemption in relation to one or more of the
following—
(a) the commencement and duration of the
exemption;
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(b) the activities or other things in respect of
which the exemption is granted;
(c) the person or class of person to whom the
exemption is granted;
(d) the premises or class of premises in respect
of which the exemption is granted;
(e) the provisions of these Regulations in respect
of which the exemption is granted;
(f) the provision of information relevant to the
exemption that may reasonably be required
by the Authority;
(g) the monitoring or recording of systems of
work or processes used at the premises
exempted or by the person exempted;
(h) a requirement that the person exempted give
notice of the exemption and of the terms and
conditions of the exemption to any specified
person or body who may be affected;
(i) any other conditions that the Authority
considers appropriate in the circumstances.
(7) A person to whom an exemption under this
regulation is granted must comply with a
condition of the exemption.
502. Authority may grant class exemptions on its own
motion
(1) The Authority may grant on its own motion an
exemption from compliance with a requirement in
these Regulations including a requirement to hold
an HCDG licence in respect of a class of licensee
person, premises or activity.
(2) The Authority must not grant an exemption under
this regulation unless it is satisfied that the
exemption will achieve a level of security of
HCDG that is at least equivalent to that which
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would be achieved by complying with the
regulation or regulations from which the
exemption is granted.
(3) An exemption under this regulation must be in
writing and published in the Government Gazette
and on the Internet on a website maintained by the
Authority.
(4) The Authority may impose one or more of the
conditions listed in regulation 501(6) on an
exemption under this regulation.
(5) A person to whom an exemption under this
regulation has been granted must comply with a
condition of the exemption.
503. Power of Authority to amend, suspend or revoke
exemptions
(1) The Authority may at any time amend, suspend or
revoke an exemption granted under regulation 501
or 502, either at the request of the holder of the
exemption or on its own initiative.
(2) The Authority must not amend, suspend or revoke
an exemption granted under regulation 501 on its
own initiative unless it has—
(a) notified the holder of the exemption that the
Authority is proposing to amend, suspend or
revoke (as the case may be) the exemption;
and
(b) provided the holder of the exemption with
written reasons for the proposed course of
action; and
(c) invited the holder of the exemption to make
a submission within a specified time on the
proposed course of action including a
submission on the appropriate amendment
(if any) to be made; and
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(d) considered any submissions that are made in
response to the invitation within the
specified time.
(3) If the Authority decides to suspend an exemption
granted under regulation 502 it must publish a
notice in the Government Gazette and on the
Internet on a website maintained by the Authority
that sets out—
(a) the date and time from which the suspension
takes effect; and
(b) the date and time at which the suspension
ceases to operate.
(4) If the Authority decides to revoke an exemption
granted under regulation 502 it must publish a
notice in the Government Gazette and on the
Internet on a website maintained by the Authority
that sets out the date and time from which the
revocation takes effect.
504. Refusal of request for exemption
The Authority must not refuse a request to grant
or amend an exemption, unless it has—
(a) provided notice in writing to the person
making the request that—
(i) states that on the basis of the
information it has available, it intends
to refuse to grant or amend the
exemption; and
(ii) sets out the reasons why it has formed
that intention; and
(b) invited the person making the request to
provide a written submission to the
Authority within a specified time on the
intended refusal; and
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(c) considered any submission that is made in
response to the notice within the specified
time.
505. Mutual recognition—licence to transport HCDG
(1) This regulation applies to a person who holds a
licence to transport HCDG granted by any other
State or Territory if—
(a) that licence is granted under a provision of
the law of that State or Territory
corresponding to the requirement in
regulation 201 that a person must not
transport HCDG unless the person holds an
HCDG licence for that activity; and
(b) the licence is currently in force in that State
or Territory; and
(c) the Authority is satisfied that the contents of
the security plan for the licence sufficiently
address the prescribed particulars contained
in Schedule 2.
(2) A person who holds a licence that complies with
the requirements set out in sub-regulation (1) is
deemed to hold a licence to transport HCDG
subject to the condition that before the transport of
any HCDG into Victoria that person must provide
the Authority with a copy of the security plan
relating to the licence.
506. Mutual recognition—other HCDG licences
If an applicant for an HCDG licence (other than a
licence to transport HCDG) holds a corresponding
licence from another State or Territory then the
applicant is deemed to have satisfied the
requirements under regulation 205(2)(b) and (c) in
relation to the issue of the licence applied for.
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507. Mutual recognition—permits for unsupervised
access to HCDG
(1) This regulation applies to a person who holds a
permit granted by any other State or Territory if—
(a) that permit is granted under a provision of
the law of that State or Territory,
corresponding to Part 3 enabling a person to
have unsupervised access to HCDG; and
(b) the permit is in force in that State or
Territory.
(2) A person who holds a permit that complies with
the requirements of sub-regulation (1) is deemed
to hold a permit under Part 3.
__________________
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PART 6—FEES
601. Fees for licences
The fees for the issue or renewal of an HCDG
licence or the issue of a duplicate licence are set
out in the following Table.
Table 601
Licence Issue or renewal Fee
Licence to manufacture HCDG under
regulation 203(1)(a)
$80
Licence to import HCDG under regulation
203(1)(b)
$80
Licence to export HCDG under regulation
203(1)(c)
$80
Licence to store HCDG under regulation
203(1)(d)
$80
Licence to supply HCDG under regulation
203(1)(e)
$80
Licence to transport HCDG under regulation
203(1)(f)
$80
Licence to use HCDG under regulation
203(1)(g)
$80
Primary producer licence under regulation
203(1)(h)
$80
Duplicate licence $50
602. Fees for security assessments and searches
(1) An applicant for the issue or renewal of an HCDG
licence or a permit must also pay the fees to
enable the Authority to obtain a security
assessment or search of other known information
in relation to—
(a) the applicant; and
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(b) in relation to each person who has consented
under regulation 204(4) or (6) or 209(2)(b)
or (c) to the Authority obtaining known
information about that person.
(2) The fee for a security assessment is $19.
(3) The fee for a search of any other known
information about a person is $40.
603. Fee for amendment of a licence
The fee for the amendment of a licence (other than
to record a change of information describing the
licensee or when the licence is renewed) is $20.
__________________
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PART 7—DANGEROUS GOODS (EXPLOSIVES)
REGULATIONS 2000
701. Objectives of Regulations
After regulation 101(a) of the Dangerous Goods
(Explosives) Regulations 2000 2 insert—
"(ab) to provide for the management of risks
arising out of security concerns associated
with explosives; and".
702. Definitions
In regulation 106 of the Dangerous Goods
(Explosives) Regulations 2000 insert the
following definitions—
' "known information" has the same meaning as
in section 21A of the Act;
"security assessment" means a security
assessment issued by the Australian Security
Intelligence Organisation under Part IV of
the Australian Security Intelligence
Organisation Act 1979 of the
Commonwealth;
"specified proof of identity" has the same
meaning as in section 21A of the Act;
"the Act" means the Dangerous Goods Act
1985;'.
703. Requirements applying to licences generally
(1) In regulation 123(1)(c)(iv) of the Dangerous
Goods (Explosives) Regulations 2000 for
"licence." substitute "licence; and".
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(2) After regulation 123(1)(c)(iv) of the Dangerous
Goods (Explosives) Regulations 2000 insert—
"(v) is valid only if there continues to be a person
nominated under the licence who is
responsible for the security of the explosives
and who has satisfied the prescribed
requirements for the purposes of section
21A(4) of the Act; and
(vi) in the case of a licence held by a body
corporate, is valid only if there continues to
be a person nominated under the licence who
has satisfied the prescribed requirements for
the purposes of section 21A(4) of the Act;
and
(vii) in the case of a licence held by a natural
person, is valid only if the licensee continues
to generally use and be known by the name
specified in the licence.".
(3) After regulation 123(4) of the Dangerous Goods
(Explosives) Regulations 2000 insert—
"(5) The requirements of sub-regulation (1)(c)(v),
(vi) and (vii) only apply to a licence issued
on or after 1 October 2005.".
704. New regulations 123A, 123B, 123C, 123D, 123E
and 123F inserted
After regulation 123 of the Dangerous Goods
(Explosives) Regulations 2000 insert—
"123A. Proof of identity and consent required
(1) An applicant for a licence under these
Regulations who is a natural person must—
(a) provide specified proof of identity; and
(b) consent to the Authority obtaining, and
provide sufficient information for the
Authority to obtain, known information
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concerning the applicant to determine
whether he or she has satisfied the
requirements of regulation 123B to
hold a licence under these Regulations.
(2) An applicant who is a body corporate must
provide details of the incorporation of the
body.
(3) An application by a body corporate, other
than a public company, must be
accompanied by a nomination of at least one
director or person concerned in the
management of the body corporate who has
agreed to the nomination.
(4) The nominated person must—
(a) provide the Authority with specified
proof of his or her identity; and
(b) consent to the Authority obtaining, and
provide sufficient information to enable
the Authority to obtain, known
information concerning the person to
determine whether he or she has
satisfied the requirements of regulation
123B to be a director or person
concerned in the management of a body
corporate that holds a licence under
these Regulations.
(5) An application by a body corporate for a
licence must be accompanied by a
nomination of a natural person who has
agreed to the nomination and who is to be
responsible for the security of the explosives
under the licence (who may or may not be a
nominated director).
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(6) The person nominated under sub-
regulation (5) must—
(a) provide the Authority with his or her
specified proof of identity; and
(b) consent to the Authority obtaining, and
provide sufficient information to enable
the Authority to obtain, known
information concerning the person to
determine whether the person has
satisfied the requirements of regulation
123B to be responsible for the security
of the explosives under the licence
under these Regulations.
(7) Nothing in this regulation requires a person
to undergo a security assessment if the
person has previously undergone a security
assessment under the same name for the
purposes of these Regulations or the
Dangerous Goods (HCDG) Regulations
2005.
123B. Requirements to be satisfied before
person can hold a licence
(1) This regulation sets out the prescribed
requirements for the purposes of section
21A(4) of the Act.
(2) The prescribed requirements are—
(a) a security assessment has been received
about the person that is not an adverse
security assessment within the meaning
of the Australian Security Intelligence
Organisation Act 1979 of the
Commonwealth; and
(b) a search of other known information
about the person has been made and the
Authority is satisfied that the person
has not been convicted or found guilty
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of, or has a charge pending for, an
offence relating to violence, weapons,
terrorism, damage to property, illegal
drugs or dishonesty within the last 10
years that in the opinion of the
Authority would pose a security risk in
relation to that person.
(3) This regulation does not apply to a single
occasion licence under regulation 808(2)(b)
or 808(3)(b).
123C. Prescribed particulars for security plans
For the purposes of section 21A(2)(b) of the
Act, the prescribed particulars are set out in
Schedule 4.
123D. Duty to review and revise security plan
(1) It is a condition of an explosives licence that,
if the Authority requires a licence holder to
provide a security plan, the licence holder
must ensure that the security plan is
reviewed and, if necessary, revised.
(2) A security plan must be revised if there is
evidence to indicate that the security plan no
longer adequately addresses the prescribed
particulars set out in Schedule 4.
123E. Renewal of licences
(1) Nothing in this regulation limits the power of
the Authority to require an applicant for
renewal of a licence to satisfy all the original
requirements for the grant of the licence.
(2) A licence may be renewed by the Authority
for a further term after receiving a written
application for renewal and on payment of
the prescribed fee.
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(3) For the purpose of enabling the Authority to
assess whether a licence should be
renewed—
(a) if the licence holder is a natural person,
he or she must—
(i) provide the Authority with his or
her specified proof of identity (if
not previously provided); and
(ii) consent to the Authority
obtaining, and provide sufficient
information to enable the
Authority to obtain, known
information concerning the
applicant to determine whether he
or she has satisfied the
requirements of regulation 123B
to hold a licence under these
Regulations;
(b) if the licence holder is a body
corporate, other than a public company,
the application for renewal must be
accompanied by a nomination of at
least one director or person concerned
in the management of the body
corporate who has agreed to the
nomination.
(c) the person nominated under
paragraph (b) must—
(i) provide the Authority with
specified proof of his or her
identity (if not previously
provided); and
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(ii) consent to the Authority
obtaining, and provide sufficient
information to enable the
Authority to obtain, known
information concerning the person
to determine whether he or she has
satisfied the requirements of
regulation 123B to be a director or
person concerned in the
management of a body corporate
that holds a licence under these
Regulations;
(d) if the licence holder is a body
corporate, the application must be
accompanied by the nomination of a
natural person who has agreed to the
nomination and who is to be
responsible for the security of the
explosives under the licence (who may
or may not be a nominated director);
(e) the person nominated under
paragraph (d) must—
(i) provide the Authority with his or
her specified proof of identity
(if not previously provided); and
(ii) consent to the Authority
obtaining, and provide sufficient
information to enable the
Authority to obtain, known
information concerning the person
to determine whether the person
has satisfied the requirements of
regulation 123B to be responsible
for the security of the explosives
under a licence under these
Regulations.
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(4) Nothing in this regulation requires a person
to undergo a security assessment if the
person has previously undergone a security
assessment under the same name for the
purposes of these Regulations or the
Dangerous Goods (HCDG) Regulations
2005.
123F. Security assessments
The Australian Security Intelligence
Organisation is a prescribed body for the
purposes of section 21A(6)(c) of the Act.".
705. New regulation 513 substituted
For regulation 513 of the Dangerous Goods
(Explosives) Regulations 2000 substitute—
"513. Savings for permits to use blasting
explosives
A permit that was issued under regulation
513 as in force before 1 October 2005
remains in force until the date of expiry in
the permit or 31 December 2005, whichever
occurs first.".
706. Waiver of licence fees for blasting explosives
After regulation 1211(2) of the Dangerous Goods
(Explosives) Regulations 2000 insert—
"(3) The Authority may waive, in whole or in
part, the payment of the fee prescribed by
sub-regulation (1) if—
(a) the applicant is also applying for or
holds a licence under the Dangerous
Goods (HCDG) Regulations 2005 and
has not previously held a licence to use
blasting explosives; and
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(b) the Authority is satisfied that the
applicant—
(i) has, on or after 1 January 2000,
held a valid permit to purchase
blasting explosives; and
(ii) will only use the blasting
explosives on that applicant's
property.".
707. New regulation 1213A inserted
After regulation 1213 of the Dangerous Goods
(Explosives) Regulations 2000 insert—
"1213A. Additional fee for security assessments
and searches
(1) An applicant for the issue or renewal of an
explosives licence must pay an additional fee
to enable the Authority to obtain a security
assessment or search of other known
information in relation to—
(a) the applicant; and
(b) each person who has consented under
regulation 123A(4) or (6) or 123E(3)(c)
or (e) to the Authority obtaining known
information about that person.
(2) The fee for a security assessment is $19.
(3) The fee for a search of any other known
information about a person is $40.".
r. 707
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708. New Schedule 4 inserted
After Schedule 3 to the Dangerous Goods
(Explosives) Regulations 2000 insert—
'__________________
SCHEDULE 4
Regulation 123C
PARTICULARS FOR SECURITY PLANS REQUIRED
BY THE AUTHORITY
The prescribed particulars are—
(a) precautions to ensure explosives are secure for the
entire duration of any journey;
(b) the names of all persons licensed under Division 2,
who are employed, allowed or whose services are
engaged, to drive a road vehicle to transport explosives
("drivers");
(c) the procedures for amending the security plan by the
addition of names of new drivers or the removal of the
names of existing drivers;
(d) the procedures for instructing persons who have access
to, or who use or handle, explosives on the security
plan;
(e) designating a person who is responsible for maintaining
the security plan;
(f) the system for recording details and reconciling
incoming and outgoing quantities of explosives;
(g) the procedures for reporting to authorities any theft,
attempted theft or unexplained loss of explosives or
any other security incident involving explosives;
(h) the name and contact details of any sub-contractor;
(i) the precautions in place to ensure that explosives are
only loaded from a person who holds a licence to sell
the explosives and that they are delivered to a person
who is licensed under these Regulations;
r. 708
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(j) the precautions in place to ensure that if explosives are
temporarily stored during the loading or transport
process they are kept in a secure store identified in the
security plan;
(k) the precautions in place to ensure that explosives are
transported at all times under lock and key or under
constant surveillance by electronic means or by a
licensed person;
(l) procedures for undertaking sealing of explosives if
required by the security plan and for regular
assessments of sealing procedures to monitor their
effectiveness;
(m) the system to monitor the location of the consignment
during transportation and to instruct workers in
emergency procedures;
(n) systems and procedures in place to record—
(i) persons authorised to drive vehicles transporting
explosives by road;
(ii) the vehicles used for transporting explosives by
road or rail, on which seals can be fitted to detect
entry to the vehicle;
(iii) explosives are only delivered to licensed persons;
(iv) details of consignments by road or rail
including—
(A) seal numbers and any changes in seals
necessary for part deliveries; and
(B) accurate weight measurement or other
reconciliation (for example, the number of
bags) of all explosives at loading and
unloading; and
(C) confirmation on a load-by-load basis of
whether the load was delivered with all
seals and locks intact; and
(D) a system to ensure that both returns of
explosives of merchantable quality and
spillage recovery are accurately
documented and appropriately accounted
for;
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(o) protocols that are in place to refuse loading of any
vehicle that is not included in the record of vehicles
under item (n)(ii);
(p) when explosives are being transported by road the
procedures in place to ensure that the vehicle is not left
unattended unless—
(i) the vehicle is left in a secure site; and
(ii) the explosives are under lock and key; and
(iii) the relevant locks are sealed with numbered seals
to assist in the detection of theft or attempted
theft;
(q) when explosives are being transported by rail the
procedures in place to ensure that unless the explosives
are under constant supervision—
(i) they are transported in locked container units or
in locked rail cars;
(ii) all openings to the containers or cars are sealed
with substantial tamper-proof seals that require
forceful breakage to enter the container or car;
(iii) consignments have a schedule so that the location
of the container or car is continually monitored
for the duration of the transport;
(r) when explosives are being transported by rail the
procedures in place to ensure that unless explosives are
under constant supervision, a licensed person is present
at the dispatch and receipt of explosives, and at any
time when containers need to be opened before they
reach their destination.'.
709. Revocation of primary producers' exemptions
Regulations 602(6) and 703(2)(b) of the
Dangerous Goods (Explosives) Regulations 2000
are revoked.
__________________
r. 709
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47
PART 8—CONSEQUENTIAL AMENDMENTS TO OTHER
REGULATIONS
801. Dangerous Goods (Transport by Rail)
Regulations 1998
After regulation 4(2)(a) of the Dangerous Goods
(Transport By Rail) Regulations 19983 insert—
"(ab) the transport of dangerous goods that are
declared under section 9B of the Act to be
HCDG and which have no UN Number; or".
802. Dangerous Goods (Storage and Handling)
Regulations 2000
In regulation 106 of the Dangerous Goods
(Storage and Handling) Regulations 2000 4 , after
paragraph (a) insert—
"(ab) dangerous goods that are declared to be
HCDG and which have no UN Number; or".
__________________
r. 801
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SCHEDULES
SCHEDULE 1
PRESCRIBED PARTICULARS FOR SECURITY PLANS FOR
LICENCES AUTHORISING A PERSON TO STORE HCDG
The prescribed particulars are—
(a) the location and details (including a plan) of the facility in which
HCDG are to be stored;
(b) the precautions in place to ensure HCDG are kept in a secure store,
and the details of any secure store including the type and dimensions
of the structure and the number and type of doors, windows and locks;
(c) the names of all authorised persons holding a permit under Part 3 that
authorises unsupervised access to HCDG;
(d) the procedures for amending the security plan by the addition of the
names of new authorised persons or the removal of the names of
existing authorised persons;
(e) the procedures for controlling access to the secure store by authorised
persons;
(f) the procedures for supervising access to the secure store by persons
not authorised to have unsupervised access to HCDG;
(g) the procedures for instructing persons who have access to, or who use
or handle, HCDG on the security plan procedures;
(h) designating a person who is responsible for maintaining the security
plan;
(i) the procedures to ensure that HCDG is obtained only from a licensee
or person authorised to sell, transfer or dispose of HCDG and is
removed only by a licensee or authorised person;
(j) the system for recording details and reconciling incoming and
outgoing quantities of HCDG;
(k) the procedures for reporting to authorities any theft, attempted theft or
unexplained loss of HCDG or any other security incident involving
HCDG.
__________________
Sch. 1
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SCHEDULE 2
PRESCRIBED PARTICULARS FOR SECURITY PLANS FOR
LICENCES AUTHORISING A PERSON TO TRANSPORT HCDG
The prescribed particulars are—
(a) precautions to ensure HCDG is secure for the entire duration of the
journey;
(b) the names of all authorised persons holding a permit under Part 3 that
authorises unsupervised access to HCDG;
(c) the procedures for amending the security plan by the addition of
names of new authorised persons or the removal of the names of
existing authorised persons;
(d) the procedures for instructing persons who have access to, or who use
or handle, HCDG on the security plan procedures;
(e) designating a person who is responsible for maintaining the security
plan;
(f) the system for recording details and reconciling incoming and
outgoing quantities of HCDG;
(g) the procedures for reporting to authorities any theft, attempted theft or
unexplained loss of HCDG or any other security incident involving
HCDG;
(h) the name and contact details of any sub-contractor;
(i) the precautions in place to ensure that HCDG is only loaded from a
person who is authorised to supply the HCDG and that it is delivered
to a person who is authorised to be supplied with the HCDG;
(j) the precautions in place to ensure that if HCDG is temporarily stored
during the loading or transport process it is kept in a secure store
identified in the security plan;
(k) the precautions in place to ensure to ensure that HCDG is transported
at all times under lock and key or under constant surveillance;
(l) procedures for undertaking sealing of HCDG if required by the
security plan and for regular assessments of sealing procedures to
monitor their effectiveness;
(m) the system to monitor the location of the consignment during
transportation and to instruct workers in emergency procedures;
Sch. 2
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(n) systems and procedures in place to record—
(i) persons authorised to drive vehicles transporting HCDG by
road;
(ii) the vehicles used for transporting HCDG by road or rail on
which seals can be fitted to detect entry to the vehicle;
(iii) that HCDG is only delivered to authorised persons;
(iv) details of consignments by road or rail including—
(A) seal numbers and any changes in seals necessary for
part deliveries;
(B) accurate weight measurement or other reconciliation
(for example, the number of bags) of all HCDG at
loading and unloading;
(C) confirmation on a load-by-load basis of whether the
load was delivered with all seals and locks intact;
(D) a system to ensure that both returns of HCDG of
merchantable quality and spillage recovery are
accurately documented and appropriately accounted for;
(o) protocols that are in place to refuse loading of any vehicle that is not
included in the record of vehicles under item (n)(ii);
(p) when HCDG is being transported by road the procedures in place to
ensure that the vehicle is not left unattended unless—
(i) the vehicle is left in a secure site; and
(ii) the HCDG is under lock and key; and
(iii) the relevant locks are sealed with numbered seals to assist in
the detection of theft or attempted theft;
(q) when HCDG is being transported by rail the procedures in place to
ensure that unless HCDG are under constant supervision—
(i) they are transported in locked container units or in locked rail
cars; and
(ii) all openings to the containers or cars are sealed with substantial
tamper-proof seals that require forceful breakage to enter the
container or car; and
(iii) consignments have a schedule whereby the location of the
container or car is continually monitored for the duration of the
transport; and
Sch. 2
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(r) when HCDG is being transported by rail the procedures in place to
ensure that unless the HCDG are under constant supervision, an
authorised person is present at the dispatch and receipt of HCDG, and
at any time when containers need to be opened before they reach their
destination.
═══════════════
Sch. 2
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ENDNOTES
1 Reg. 205: S.R. No. 61/2000 as amended by S.R. Nos 82/2000 and 85/2001.
2 Reg. 701: See Note 1.
3 Reg. 801: S.R. No. 153/1998.
4 Reg. 802: S.R. No.127/2000.
Endnotes
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