Dangerous Goods (General) Regulations 1998

Dangerous Goods (General) Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods Act 1998 .

14 December 1998

G. S. M. Green

Governor

By His Excellency's Command,

P. A. Lennon

Minister for Infrastructure, Energy and Resources

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Dangerous Goods (General) Regulations 1998 .

2.   Commencement

These regulations take effect on the day on which the Dangerous Goods Act 1998 commences.

3.   Main objects of regulations

The main object of these regulations is to reduce as far as practicable the risks of personal injury, property damage and environmental harm arising from –

(a) the manufacture, storage and other handling of dangerous goods; and

(b) the use of dangerous goods.

4.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

Act means the Dangerous Goods Act 1998 ;

ADG Code means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Commonwealth;

AE Code means the Australian Code for the Transport of Explosives by Road and Rail published by the Commonwealth;

AG means a code or standard published by the AGA or the ALPGA, or by the AGA and ALPGA jointly;

AGA means the Australian Gas Association;

ALPGA means the Australian Liquefied Petroleum Gas Association;

approved means approved by the Competent Authority;

AS means an Australian standard published by Standards Australia, and includes a standard published jointly by Standards Australia and Standards New Zealand with prefix AS/NZS;

authorised officer means an authorised officer appointed by the Competent Authority;

autogas installer means a person who is authorised under regulation 60 to install gas;

bund means a bund within the meaning of AS 1940;

caravan includes campervan and mobile home;

[Regulation 4 Subregulation (1) amended by No. 26 of 2003, Sched. 2, Applied:01 Jul 2004]

[Regulation 4 Subregulation (1) amended by No. 26 of 2003, Sched. 2, Applied:01 Jul 2004] certificate of completion means a certificate of completion (building work) issued under section 112 of the Building Act 2000 and a certificate of completion (plumbing work) issued under section 113 of the Building Act 2000 ;

combustible liquid means a combustible liquid within the meaning of AS 1940;

Competent Authority means the Competent Authority referred to in section 9(1) of the Act;

cylinder means a receptacle that –

(a) is constructed to contain gas under pressure; and

(b) has an internal volume of not less than 100 millilitres or more than 500 litres;

depot means any store, warehouse, premises or land used for the storage of dangerous goods;

explosives means Class 1 dangerous goods as defined in the ADG Code;

exporter's licence means an exporter's licence in force under these regulations;

firework means a device containing a Class 1 explosive composition that is intended on burning or exploding to produce a visual or aural effect;

fireworks permit means a fireworks permit in force under these regulations;

flammable liquid means a Class 3 liquid, as defined in the ADG Code;

gas-fitter means a person who holds a certificate of registration in respect of gas-fitting under the Plumbers and Gas-fitters Registration Act 1951 ;

gas supplier means a person who receives LPG for distribution or resale in the course of trade or commerce;

gas supplier's licence means a gas supplier's licence in force under these regulations;

IBC means an intermediate bulk container, being a rigid or flexible portable packaging for the transport of dangerous goods that –

(a) has a capacity of not more than –

(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container, 1 5000 litres; and

(ii) for solids of Packing Group I packed in a metal container, 3 000 litres; and

(iii) for solids or liquids of Packing Groups II and III, 3 000 litres; and

(b) is designed for mechanical handling; and

(c) is resistant to the stresses produced in usual handling and transport;

IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organisation;

importer's licence means an importer's licence in force under these regulations;

keeper's licence means a keeper's licence in force under these regulations;

licence means a licence in force under these regulations;

licensed depot means a depot in relation to which a licence is issued under these regulations;

licensee means the holder of a licence;

LNG means a liquefied gas that is –

(a) composed predominantly of methane; and

(b) refrigerated to the liquid phase at atmospheric pressure;

LPG means a gas or liquid that is composed predominantly of propane, propylene, butane, butylene or a mixture of all or any of them;

LPG system means any system comprising equipment or apparatus for containing or conveying LPG;

magazine means a depot used exclusively for storing explosives;

manufacturer's licence means a manufacturer's licence in force under these regulations;

Marine Authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ;

mixed package depot means a depot in which dangerous goods of more than one class are stored or kept in packages;

notice means notice in writing;

occupier of a depot includes a person who is carrying on manufacture or trade in that depot;

owner, in relation to any goods, includes the consignor or consignee of the goods and any person having the possession, control or custody of the goods;

package means the complete product of a packaging operation consisting of the goods and their packaging;

Packing Group means the Packing Group or Packaging Group assigned to any dangerous goods under the ADG Code, AE Code or IMDG Code;

propellant means an explosive of Class 1.3C;

protected works means works at any place or depot in which any persons assemble or are accustomed to assemble;

SAA means the Standards Association of Australia;

safety cartridge means Class 1.4S ammunition;

sell includes –

(a) offer or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) supply for profit; and

(e) agree to sell; and

(f) send, forward or deliver for sale;

seller's licence means a seller's licence in force under these regulations;

separation, in relation to dangerous goods, means the separation of those goods from other dangerous goods –

(a) in the same depot, by means of a firewall; or

(b) by a distance required under these regulations; or

(c) by storage in a separate depot;

shot-firer means a person charged with the responsibility of preparing, loading and firing explosives;

shot-firer's permit means a shot-firer's permit in force under these regulations;

start work notice means a notice of intention to commence work on the installation, repair or alteration of an LPG system on a specified day;

tank means a receptacle, other than an IBC, having a capacity –

(a) in excess of 450 litres for goods other than those of Class 2; or

(b) in excess of 500 litres for goods of Class 2;

Type 1 fireworks means fireworks that are –

(a) intended for use inside domestic buildings; and

(b) specified in Part 1 of Schedule 1 ;

Type 2 fireworks means fireworks that are –

(a) commonly known as shop goods or small retail fireworks; and

(b) specified in Part 2 of Schedule 1 ;

Type 3 fireworks means fireworks that are –

(a) commonly known as large retail fireworks; and

(b) specified in Part 3 of Schedule 1 .

(2)  For the purposes of these regulations, dangerous goods that are on board a vessel are to be taken as being transported, whether or not the vessel is in motion.

(3)  The title of each code and standard referred to in these regulations is set out in Schedule 2 .

5.   Dangerous goods

(1)  Substances and articles are dangerous goods for the purposes of these regulations if they are prescribed as or determined to be dangerous goods under the Dangerous Goods (Road and Rail Transport) Regulations 1998 .

(2)  In these regulations, unless the contrary intention appears –

(a) a reference to a numbered class of dangerous goods is a reference to the class of dangerous goods that is so numbered in the ADG Code, AE Code or IMDG Code; and

(b) a reference to a numbered class of ammunition or explosives is a reference to the class of ammunition or explosives that is so numbered in the ADG Code, AE Code or IMDG Code; and

(c) a reference to a numbered class of gas or liquid is a reference to the class of gas or liquid that is so numbered in the ADG Code, AE Code or IMDG Code; and

(d) a reference to a class of dangerous goods, without specifying a number, is a reference to a class of dangerous goods in the ADG Code, AE Code or IMDG Code.

6.   Application of regulations

(1)  These regulations, except Parts 3 and 6 , apply in relation to a combustible liquid as if it were a flammable liquid if the combustible liquid is –

(a) at or above 10ºC less than its flashpoint, the flashpoint being the lowest temperature at which vapour from the liquid forms an ignitable mixture with air as determined by the test methods specified in AS 2106; or

(b) diesel fuel.

(2)  These regulations do not apply to the handling of dangerous goods by an authorised officer, or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.

(3)  These regulations do not apply to the manufacture of explosives if –

(a) the manufacture consists solely of reloading safety cartridges; or

(b) the explosives are blasting explosives and –

(i) the manufacturing takes place at the blasting site; and

(ii) the explosives do not have to be transported on a public road.

7.   Inconsistencies between regulations and codes, &c.

(1)  In this regulation,

instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or the handling of dangerous goods.

(2)  If an instrument is applied or adopted by, or is incorporated in, these regulations and the instrument is inconsistent with these regulations, these regulations prevail to the extent of the inconsistency.

8.   Approval and use of forms

(1)  A Competent Authority may approve a form for a provision or purpose of these regulations.

(2)  The form is to be used for the provision or purpose.

PART 2 - Licences

Division 1 - General

9.   Licences

(1)  A person must not manufacture explosives unless that person holds a manufacturer's licence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not import any of the following into Tasmania unless that person holds an importer's licence:

(a) explosives;

(b) Class 2.1 gases in bulk;

(c) Class 3 liquids in bulk.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must not export explosives from Tasmania unless that person holds an exporter's licence.

Penalty:  Fine not exceeding 10 penalty units.

(4)  Subregulations (2) and (3) do not apply to Class 1.3 and 1.4 explosives unless they are fireworks.

(5)  A person must not keep dangerous goods in excess of the quantity specified in Schedule 3 unless that person holds a keeper's licence.

Penalty:  Fine not exceeding 10 penalty units.

(6)  A person must not sell explosives unless that person holds a seller's licence.

Penalty:  Fine not exceeding 10 penalty units.

10.   Applications for licences

(1)  The licences referred to in regulation 9 are issued by the Competent Authority and any person may apply for such a licence.

(2)  An application is to be –

(a) in a form approved by the Competent Authority; and

(b) accompanied by any information and documents the Competent Authority requires; and

(c) accompanied by the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 ; and

(d) lodged with the Competent Authority.

(3)  The Competent Authority may require an applicant to provide further information and documents.

(4)  An application for a manufacturer's licence is to –

(a) contain particulars of –

(i) the nature of, and the place at which, every process of manufacture is to be carried on; and

(ii) any place at which explosives, or the ingredients of explosives, are to be kept; and

(iii) the amount of explosives, or the ingredients of explosives, to be kept in any building or used in any machine or process of manufacture; and

(b) be accompanied by a plan, drawn to scale, of the proposed depot and the site of the depot at which the explosives are to be manufactured.

(5)  An application for a seller's licence is to specify –

(a) the applicant's name, address and occupation; and

(b) the address of the depot at which the explosives are to be sold; and

(c) the full description of all explosives to which the application relates.

(6)  An application for a keeper's licence is to be accompanied by a copy of an approval under regulation 41 .

11.   Grant or refusal of applications

(1)  The Competent Authority may –

(a) grant an application for a licence; or

(b) refuse to grant an application for a licence.

(2)  The Competent Authority may refuse to grant an application for a licence only if the Competent Authority reasonably considers that –

(a) the applicant is unable, or is unlikely, to comply with these regulations; or

(b) the relevant premises are not suitable for the purposes of the licence; or

(c) it is not in the interests of public safety to grant the application.

(3)  The Competent Authority must, as soon as practicable after considering an application, give the applicant notice of –

(a) the grant of the application; or

(b) the refusal to grant the application and any reasons for the refusal.

12.   Conditions of licences

(1)  The Competent Authority may grant an application for a licence subject to any conditions the Competent Authority considers appropriate.

(2)  The Competent Authority may –

(a) impose a new condition on a licence; or

(b) vary a condition of a licence; or

(c) revoke a condition of a licence.

(3)  The Competent Authority must, as soon as practicable after exercising a power under subregulation (2) , give the licensee notice of –

(a) the imposition, variation or revocation of the condition; and

(b) the reasons for the imposition, variation or revocation.

(4)  A licensee must –

(a) comply with the conditions of the licensee's licence; and

(b) cause persons in or about the licensee's licensed depot to comply with those conditions.

Penalty:  Fine not exceeding 10 penalty units.

13.   Issue of licences

The Competent Authority must, as soon as practicable after granting an application by a person for a licence, issue the licence to that person.

14.   Term of licences

A licence remains in force for such period, not exceeding 3 years, as is specified in the licence.

15.   Validity and effect of licences

(1)  A licence is valid only –

(a) in respect of the person to whom it is issued; and

(b) if signed by the Competent Authority.

(2)  A licence does not –

(a) entitle the licensee to any specified business or market share or other entitlement; or

(b) guarantee the licensee the supply of, or market for, any dangerous goods.

16.   Renewal of licences

(1)  A licensee may, before the day on which the licensee's licence is due to expire, apply to the Competent Authority to renew the licence.

(2)  The application is to be –

(a) in a form approved by the Competent Authority; and

(b) accompanied by the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(3)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(4)  The Competent Authority may refuse to grant the application only if the Competent Authority reasonably considers that –

(a) the applicant is unable, or is unlikely, to comply with these regulations; or

(b) the relevant premises are not suitable for the purposes of the licence; or

(c) it is not in the interests of public safety to grant the application.

(5)  If the application is granted, the licence is renewed –

(a) for a period not exceeding 3 years determined by the Competent Authority; and

(b) subject to any conditions determined by the Competent Authority and specified in the licence as renewed.

(6)  If the application is granted before the day on which the licence was due to expire had it not been for the renewal, the period referred to in subregulation (5)(a) starts on that day.

(7)  If the Competent Authority does not make a determination in relation to the application before the day on which the licence is otherwise due to expire  –

(a) the licence is taken to continue in force on and after that day until the day the application is granted, refused or withdrawn, whichever occurs first; and

(b) if the application is granted, the period referred to in subregulation (5)(a) starts on the day the application is granted.

(8)  The Competent Authority must, as soon as practicable after considering an application for the renewal of a licence, give the applicant notice of –

(a) the grant of the application; or

(b) the refusal to grant the application and the reasons for the refusal.

17.   Transfer of licences

(1)  A person may apply to the Competent Authority for approval to transfer a licence.

(2)  The application is to be –

(a) in a form approved by the Competent Authority; and

(b) accompanied by the duly executed instrument of transfer; and

(c) accompanied by the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 ; and

(d) lodged with the Competent Authority within 28 days after the transfer is executed.

(3)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(4)  The Competent Authority may refuse to grant the application only if the Competent Authority reasonably considers that –

(a) the proposed transferee is unable, or is unlikely, to comply with these regulations; or

(b) the relevant premises are not suitable for the purposes of the licence; or

(c) it is not in the interests of public safety to grant the application.

(5)  The Competent Authority must, as soon as practicable after considering an application for approval to transfer a licence, give the licensee notice of –

(a) the grant of the application; or

(b) the refusal to grant the application and the reasons for the refusal.

(6)  The transfer –

(a) is of no effect unless approved by the Competent Authority; and

(b) takes effect, if approved, on the date of the approval.

18.   Revocation of licences

(1)  The Competent Authority may revoke a licence if –

(a) the licensee fails to comply with, or contravenes –

(i) a provision of the Act or these regulations; or

(ii) a condition of the licence; or

(b) the licensee has ceased to carry on the activity specified in the licence; or

(c) the premises specified in the licence are no longer suitable for the purpose for which the licence was issued.

(2)  Before revoking the licence, the Competent Authority must –

(a) give the licensee notice of the intention to revoke the licence; and

(b) give the licensee an opportunity to make submissions in relation to the matter.

(3)  Subject to regulation 84 , the revocation takes effect on the expiration of the 28 day period immediately following the day on which the notice under subregulation (2)(a) is given.

19.   Suspension of licences

(1)  The Competent Authority may suspend a licence if satisfied that –

(a) the premises to which the licence relates fail to comply with these regulations; or

(b) it is desirable to do so in the interests of public safety.

(2)  The Competent Authority must give immediate notice of the suspension to the licensee and the suspension takes effect on the giving of that notice.

(3)  The Competent Authority must review the suspension at least once in each 4 week period after the suspension takes effect.

(4)  The Competent Authority –

(a) must, in a case to which subregulation (1)(a) revoke the suspension if satisfied that the premises no longer fail to comply with these regulations; and

(b) may revoke the suspension in any other circumstances if satisfied that it is appropriate to do so.

Division 2 - Duties of licensees

20.   Duty to produce licence

A licensee must produce his or her licence if required to do so by an authorised officer.

Penalty:  Fine not exceeding 5 penalty units.

21.   Duty in relation to licensed depots

(1)  A licensee must maintain the licensed depot in accordance with the conditions of the licence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The occupier of a licensed depot must provide and maintain in good working order any protective clothing, equipment and breathing apparatus required by the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

22.   Duty in relation to explosives

(1)  A licensee must keep a stock book in respect of each magazine of the licensee showing –

(a) the quantities of explosives kept in the magazine; and

(b) the quantities of explosives taken into and out of the magazine; and

(c) the dates and times at which those explosives are taken into and out of the magazine; and

(d) the persons to whom those explosives are delivered.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A licensee must produce the stock books kept by the licensee if required to do so by an authorised officer.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A licensee must not –

(a) use a magazine for any purpose other than keeping explosives; or

(b) keep in a magazine any explosives in excess of any quantity specified in the licence.

Penalty:  Fine not exceeding 10 penalty units.

PART 3 - Packaging of dangerous goods

23.   Packaging of Class 1 explosives

(1)  A person must not import, store or transport explosives, or cause or permit explosives to be imported, stored or transported, unless the explosives are packed in a package which –

(a) complies with the ADG Code or AE Code; and

(b) has an interior which is clean and free from grit; and

(c) does not contain any other explosives, articles or substances.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Subregulation (1)(c) does not apply to the packing together of Class 1.3 explosives and Class 1.4S explosives.

(3)  Notwithstanding subregulation (1)(c)  –

(a) an outer package may contain an inner package of a propellant together with an inner package of gunpowder or another propellant; and

(b) an article may be packed in the same outer package as a Class 1.4S explosive if that article –

(i) is not of a flammable or explosive nature; and

(ii) is not liable to cause a fire or explosion.

24.   Manner of packing explosives

(1)  In this regulation,

layered package means a package that is –

(a) designed or intended to contain dangerous goods; and

(b) made up of an inner package and one or more outer packages.

(2)  A person must not pack explosives unless the package complies with the ADG Code or AE Code.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must not pack more than 10 000 non-electric detonators in the outermost package of a layered package.

Penalty:  Fine not exceeding 10 penalty units.

(4)  A person must not pack propellants or blasting explosives in the outermost package of a layered package if the propellants or blasting explosives exceed 25 kilograms in mass.

Penalty:  Fine not exceeding 10 penalty units.

25.   Construction of packages

(1)  A person must not pack or keep dangerous goods in a package unless the package is –

(a) constructed in accordance with the ADG Code or AE Code; and

(b) of a type from which goods in the form of a liquid, solid or vapour cannot escape; and

(c) constructed in accordance with AS 2906 if the package –

(i) is a portable container; and

(ii) has a capacity not exceeding 25 litres; and

(iii) is to be used for carrying petroleum fuel; and

(iv) is intended to be refilled.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person must not store dangerous goods in an IBC that is not designed and constructed in accordance with the ADG Code.

Penalty:  Fine not exceeding 5 penalty units.

26.   Repair or alteration of packages or tanks

(1)  A person must not repair or alter, or attempt to repair or alter, a package, tank, hold or space that contains, or has contained, any dangerous goods, unless –

(a) the package, tank, hold or space has been cleared of dangerous goods; and

(b) a work permit in accordance with AS 1940 has been issued for the repair or alteration by a person who is a responsible officer within the meaning of AS 1940; and

(c) the repairs or alterations are made in accordance with the requirements of AS 1674.1 and AS 1940.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person must not require another person to enter or work in a confined space which contains or has contained dangerous goods in order to carry out repairs, alterations or maintenance work except in accordance with AS 2865.

Penalty:  Fine not exceeding 10 penalty units.

27.   Sale of packages prohibited

A person must not sell a package that has contained dangerous goods unless –

(a) the package is completely free of the dangerous goods; and

(b) the purchaser is notified at the time of sale that the package has contained dangerous goods.

Penalty:  Fine not exceeding 5 penalty units.

28.   Marking of packages

A person must not mark or label a package containing dangerous goods except in accordance with the ADG Code or AE Code.

Penalty:  Fine not exceeding 10 penalty units.

PART 4 - Importation of dangerous goods

29.   Importation of dangerous goods

A person who imports dangerous goods into Tasmania must not –

(a) sell those dangerous goods to another person if given notice by the Competent Authority that the other person –

(i) is required to hold a licence to keep dangerous goods under Part 2 of these regulations; and

(ii) does not hold that licence; and

(iii) is not exempted from holding that licence; or

(b) supply dangerous goods to a depot unless the depot is designed, constructed and operated in accordance with regulation 43 ; or

(c) supply LPG to an LPG system unless the system is installed, altered or repaired in accordance with regulation 56 .

Penalty:  Fine not exceeding 10 penalty units.

30.   Importation of certain dangerous goods prohibited

A person must not import into Tasmania goods that have been determined under the Dangerous Goods (Road and Rail Transport) Regulations 1998 to be too dangerous to be transported or transported in bulk.

Penalty:  Fine not exceeding 10 penalty units.

31.   Notification of details of explosives

(1)  In this regulation,

UN number means UN number within the meaning of the ADG Code.

(2)  A person who imports blasting explosives of Class 1.1, 1.2 or 1.5 into Tasmania must, as soon as practicable after the explosives arrive in the State, provide details of the following to the Competent Authority:

(a) the UN number, class and compatibility group of the explosives;

(b) the percentage by mass of each ingredient of the explosives;

(c) the type of explosives and their primary use;

(d) the packaging and labelling;

(e) any other matter requested by the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

32.   Inspection fee

(1)  The master of a vessel must pay to the Competent Authority the fee set out in the Dangerous Goods (Fees) Regulations 1998 in respect of the loading or unloading, by means of a pipeline, of any quantity of Class 2.1 or Class 3 dangerous goods on or from the vessel.

(2)  If the whole or any part of the fee remains unpaid at the expiration of such period of not less than 30 days after the master is given a written demand for its payment by the Competent Authority or an authorised officer, the amount unpaid may be recovered in a court of competent jurisdiction as a debt due to the Crown.

PART 5 - Manufacture of explosives

33.   Procedures for manufacture

(1)  The holder of a manufacturer's licence must, as soon as practicable after being issued with the licence –

(a) develop procedures for the safe conduct of operations in or about the licensed depot; and

(b) ensure that adequate notification of those procedures is prominently displayed in the depot or that sufficient copies of the procedures are readily available for the use of anyone in or about the depot.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The holder of a manufacturer's licence –

(a) must, as soon as practicable after being issued with the licence, obtain the Competent Authority's approval of any procedures relating to the safe conduct of operations in respect of the licensed depot; and

(b) must not amend those procedures without the approval of the Competent Authority.

Penalty:  Fine not exceeding 5 penalty units.

(3)  The Competent Authority, by notice, may direct the holder of a manufacturer's licence to revise the procedures relating to the safe conduct of operations in respect of the licensed depot in such manner as is specified in the notice.

(4)  If the licensee does not comply with the direction contained in the notice within such period as the Competent Authority considers reasonable in the circumstances, the Competent Authority may –

(a) revise those procedures in the manner specified in the notice; and

(b) direct the licensee to display the revised procedures prominently or make them readily available for the use of anyone in or about the depot.

(5)  The licensee must comply with the procedures as revised by the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

34.   Approved use of depots

(1)  The holder of a manufacturer's licence must not use a licensed depot for a purpose that is not in accordance with the licence unless that purpose has been approved by the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A licensee referred to in subregulation (1) may apply to the Competent Authority for approval to use a licensed depot for a purpose that is not in accordance with the licence.

(3)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(4)  The Competent Authority must, as soon as practicable after considering the application, give the applicant notice of  –

(a) the grant of the application ; or

(b) the refusal of the application and any reasons for the refusal.

(5)  If the application is granted, the notice given to the applicant is to contain or be accompanied by an approval specifying the purposes for which the licensed depot may be used.

35.   Reloading of safety cartridges

A person must not reload safety cartridges in a place in which there are –

(a) 2 kilograms or more of propellant; or

(b) matches, naked flames or lights or other means of ignition.

Penalty:  Fine not exceeding 10 penalty units.

PART 6 - Handling of dangerous goods

36.   Precautions in handling dangerous goods

A person involved in the handling of dangerous goods –

(a) must take precautions to prevent any dangerous goods from –

(i) escaping; or

(ii) being discharged into any part of a house or other building or of the immediate surroundings of that house or building; or

(iii) being discharged into a sewer or drain or into inland or tidal water; and

(b) must take precautions to prevent –

(i) an accident by fire or explosion; and

(ii) any unauthorised person gaining access to the dangerous goods; and

(c) must not do any act or thing that –

(i) causes or produces, or is likely to cause or produce, fire or explosion; and

(ii) is not reasonably necessary for the purposes of handling the dangerous goods; and

(d) must not permit any other person to do, or attempt to do, any act or thing specified in paragraph (c) .

Penalty:  Fine not exceeding 10 penalty units.

37.   Transport of dangerous goods by sea

A person must not transport dangerous goods by sea except in accordance with –

(a) the IMDG Code; and

(b) the Navigation Act 1912 of the Commonwealth; and

(c) the Marine Orders, Part 41 (Cargo and Cargo Handling – Dangerous Goods) in force under the Navigation (Orders) Regulations 1980 of the Commonwealth.

Penalty:  Fine not exceeding 10 penalty units.

38.   Handling of dangerous goods in ports

(1)  In this regulation –

AAPMA Rules means the Rules for the Safe Transport, Handling and Storage of Dangerous Substances and Oils in Port Areas, as amended to December 1988, published by the Association of Australian Port and Marine Authorities;

port operator means a port operator within the meaning of the Marine and Safety Authority Act 1997 .

(2)  A person must not handle dangerous goods in a port except in accordance with the AAPMA Rules or a code, standard, guideline or rule that has been approved by the Competent Authority and notified in writing to the port operator responsible for the port.

Penalty:  Fine not exceeding 5 penalty units.

(3)  It is a defence to a charge under this regulation for the person charged to show that he or she has conformed to a documented system of work which provides a level of safety at least equal to that provided by the AAPMA Rules or the approved code, standard, guideline or rule.

39.   Construction and operation of pipelines

(1)  A person must not construct or operate a pipeline to transport dangerous goods without the approval of the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person constructing or operating a pipeline for Class 2 flammable gas must comply with the requirements of AS 1697 and AS 4041.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person constructing or operating a pipeline to transport Class 3 liquids must comply with the requirements of AS 4041 and AS 2885.

Penalty:  Fine not exceeding 10 penalty units.

(4)  An authorised officer, if of the opinion that unsafe conditions exist in a pipeline or part of a pipeline, may direct that the pipeline or part not be used until –

(a) it has been made safe; or

(b) any other precautions required by the authorised officer to be taken have been taken.

(5)  A person must not use a pipeline or part of a pipeline to which a direction under subregulation (4) relates until the authorised officer is satisfied that it has been made safe or that the other precautions have been taken.

Penalty:  Fine not exceeding 10 penalty units.

40.   Approval to construct or operate pipelines

(1)  A person may apply to the Competent Authority for approval to construct or operate a pipeline to transport dangerous goods.

(2)  An application is to be accompanied by –

(a) a plan, in triplicate, drawn to scale showing the location and proposed location of all dangerous goods storage areas, tanks, loading and filling stations, pumps, pipelines, fire hydrants, electrical installations, roads and public ways, railways, magazines, buildings and protected works in the vicinity of the pipeline; and

(b) the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(3)  On receipt of an application, the Competent Authority may –

(a) grant the application, with or without modifications or additions; or

(b) refuse to grant the application.

(4)  The Competent Authority must give the applicant notice of –

(a) the grant of the application; or

(b) the refusal to grant the application and any reasons for the refusal.

PART 7 - Storage of dangerous goods

Division 1 - General requirements

41.   Approval of depots

(1)  A person may apply to the Competent Authority for approval  for –

(a) the site and construction of a new depot; or

(b) the alteration of a licensed depot.

(2)  An application is to be accompanied by –

(a) a plan, in triplicate, drawn to scale showing the location and proposed location of all dangerous goods storage areas, tanks, loading and filling stations, pumps, pipelines, fire hydrants, electrical installations, roads and public ways, railways, magazines, buildings and protected works in the depot; and

(b) the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(3)  On receipt of an application, the Competent Authority may –

(a) grant the application, with or without modifications or additions; or

(b) refuse to grant the application.

(4)  The Competent Authority must, as soon as practicable after considering an application under this regulation, give the applicant notice of –

(a) the grant of the application; or

(b) the refusal to grant the application and any reasons for the refusal.

(5)  An approval under this regulation expires 12 months after the day on which the application for the approval is granted.

42.   Public magazines

(1)  The Competent Authority may establish public magazines.

(2)  A person must not use a public magazine unless –

(a) that person has obtained the written permission of the Competent Authority to use that public magazine; and

(b) the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 has been paid to the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

43.   Design and construction of depots

A person must not store in a depot the dangerous goods described in column 1 of Schedule 4 unless –

(a) the depot is designed, constructed and operated in accordance with SAA Standard or Standards described by number in Column 2 and by title in Column 3 of that Schedule; and

(b) the depot complies with –

(i) the Tasmanian Appendix of the Building Code of Australia "Premises for Storage of Dangerous Goods"; and

(ii) [Regulation 43 Amended by No. 26 of 2003, Sched. 2, Applied:01 Jul 2004] the Building Act 2000 ; and

(c) the distance between the place where the dangerous goods are stored and the boundary of the depot is not less than the distance that, under this regulation, is required to be maintained between the dangerous goods and protected works.

Penalty:  Fine not exceeding 10 penalty units.

44.   Spill collection bunds

(1)  The holder of a keeper's licence must provide –

(a) a spill collection bund for all liquid dangerous goods in the licensed depot; and

(b) separate bunds for dangerous goods that are incompatible.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The holder of the keeper's licence must ensure that a spill collection bund provided under subregulation (1)  –

(a) in the case of Class 3, Class 5.2 and Class 8 dangerous goods, complies with AS 1940, AS 2714 and AS 3780 respectively; and

(b) in any other case –

(i) complies with AS 1940; and

(ii) is made of materials that are impervious to any dangerous goods the bund is to contain.

Penalty:  Fine not exceeding 10 penalty units.

45.   Storage of explosives

A person must not store explosives between sunset and sunrise at the place where they are intended to be used.

Penalty:  Fine not exceeding 10 penalty units.

46.   Duty to prevent accidents and unauthorised access

A person who stores dangerous goods must take all reasonable precautions to prevent –

(a) an accident by fire, explosion, corrosion or poisoning; and

(b) unauthorised persons gaining access to the dangerous goods.

Penalty:  Fine not exceeding 10 penalty units.

Division 2 - Placarding of depots

47.   Display of placards

(1)  The occupier or licensee of a depot at which dangerous goods are stored must ensure that placards are displayed in the depot in accordance with the Competent Authority's Guidance Note "How to Hazchem Placard Premises Storing Dangerous Goods" published by the Department.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The occupier of a depot must ensure that at any time the placards indicate the dangerous goods stored at that depot at that time.

Penalty:  Fine not exceeding 10 penalty units.

(3)  The occupier of a depot must conceal or remove any placards immediately the depot ceases to be used for the storage of dangerous goods.

Penalty:  Fine not exceeding 10 penalty units.

48.   Placarding requirements

The occupier of a depot that is required to be placarded must ensure that each placard –

(a) is weatherproof; and

(b) remains clear and legible without any substantial alteration in colour during the period when it is required to be displayed; and

(c) is so placed that it cannot be obscured.

Penalty:  Fine not exceeding 10 penalty units.

Division 3 - Separation of dangerous goods

49.   Application of Division

This Division does not apply to –

(a) transit storage of dangerous goods, being storage of the goods for a period of between 12 hours and 3 clear days; or

(b) laboratory storage of dangerous goods which complies with AS 2243.10; or

(c) explosives; or

(d) a depot for which a keeper's licence is not required.

50.   Separation of dangerous goods

(1)  The occupier of a mixed package depot must ensure that incompatible dangerous goods in the depot are separated in accordance with this regulation.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Any dangerous goods of one class that are contained in a mixed package depot are to be separated from any dangerous goods of another class, as specified in the table in Schedule 5 , unless otherwise directed by the Competent Authority.

(3)  The type of separation of 2 classes of dangerous goods is indicated by the code shown at the intersection of the vertical column of the table in Schedule 5 corresponding to one class and the horizontal row of that table corresponding to the other class.

(4)  If the type of separation of 2 classes of dangerous goods is classified in Schedule 5 as "not applicable", the dangerous goods may be stored in the same room or space in accordance with these regulations.

(5)  If the type of separation of 2 classes of dangerous goods is classified in Schedule 5 as "segregation", the dangerous goods are to be at least 3 metres apart or any greater distance required by these regulations.

(6)  If the type of separation of 2 classes of dangerous goods is classified in Schedule 5 as "fire separation", the dangerous goods are to be separated from each other –

(a) by walls with a fire resistance level, determined in accordance with AS 1530.4, of at least 240/240/240 surrounding the space where one of the classes of dangerous goods is stored; or

(b) by a distance of at least 5 metres or any greater distance required by these regulations.

(7)  If the type of separation of 2 classes of dangerous goods is classified in Schedule 5 as "prohibited", the dangerous goods are not to be stored in the same room or space or in adjoining rooms or spaces.

51.   Location of mixed package depots

The occupier of a mixed package depot must ensure that the dangerous goods in the depot are separated from other occupancies by the greater of the following distances:

(a) the appropriate distance specified in Schedule 6 ;

(b) the appropriate distance required by regulations 43 and 55 ;

(c) any distance required by the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

Division 4 - Emergency planning

52.   Storage plans and inventories

(1)  If required by the Competent Authority, the occupier of a licensed depot in which dangerous goods are stored must prepare a plan specifying –

(a) the location and quantity of each class of the dangerous goods; and

(b) the location of –

(i) all available emergency and firefighting equipment; and

(ii) all access and escape routes for emergency use.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The occupier of a licensed depot who is required to prepare a plan must –

(a) keep the plan at his or her principal place of business; and

(b) revise the plan to show any change in the location, quantity or class of the dangerous goods; and

(c) provide a copy of the plan, as revised from time to time, to the Tasmania Fire Service.

Penalty:  Fine not exceeding 5 penalty units.

(3)  The occupier of a licensed depot who is required to prepare a plan must –

(a) prepare an inventory specifying the name, class, quantity and location of each of the dangerous goods; and

(b) make the inventory available on demand by an officer of the Tasmania Fire Service or an authorised officer.

Penalty:  Fine not exceeding 5 penalty units.

53.   Emergency plans

(1)  After consultation with the Tasmania Fire Service, the State Emergency Service and the general manager of the relevant council, an occupier of a depot required to display a placard in accordance with Division 2 , if required by the Competent Authority, must –

(a) prepare a plan specifying procedures to be followed in case of emergency for raising the alarm and evacuation; and

(b) forward the plan to the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The plan is to be divided into –

(a) an on-site emergency plan, specifying procedures for –

(i) the control of any persons who may be endangered by an emergency; and

(ii) the protection of the contents of the depot and any structure in the depot; and

(b) an off-site emergency plan, specifying procedures for the protection of –

(i) the public; and

(ii) any property in the vicinity of the depot; and

(iii) the environment.

PART 8 - LPG and LNG

54.   Application of Part

This Part applies to –

(a) the keeping, use and supply of LPG; and

(b) the installation, alteration and repair of LPG systems; and

(c) the sale, supply, installation and use of fixed, portable or mobile LPG-consuming appliances; and

(d) the keeping and use of LNG.

55.   LPG and LNG

(1)  A person must not keep or use any LPG except in accordance with AS 1596.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not keep or use any LNG except in accordance with AS 3961.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must not sell, install or use any LPG-consuming appliance unless –

(a) it complies with the approval requirements of the AGA or the ALPGA as published from time to time and has a notice affixed stating that it so complies; or

(b) if it does not so comply, it has been approved by the Competent Authority.

Penalty:  Fine not exceeding 10 penalty units.

56.   LPG systems at depots

(1)  A person must not install, alter or repair an LPG system at any depot unless –

(a) the system is installed, altered or repaired in accordance with –

(i) AS 1596; or

(ii) AG 601; or

(iii) AG 501; and

(b) in the case of a system involving cylinders or tanks which contain, individually or collectively, more than 10 kilograms of LPG, the person is a gas-fitter.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Before a gas-fitter installs, alters or repairs an LPG system at a depot he or she must give a notice to the Competent Authority which –

(a) includes the following information:

(i) details of the installation, alteration or repair of an LPG system;

(ii) the date on which work on the installation, alteration or repair is to start;

(iii) certification that the system has been tested in accordance with AS 1596 and that a compliance plate is securely attached; and

(b) is endorsed by a gas supplier or an agent of a gas supplier that –

(i) the LPG system has been inspected in accordance with AS 1596; and

(ii) the compliance plate has been checked.

Penalty:  Fine not exceeding 5 penalty units.

(3)  On completing the installation, alteration, repair or testing of an LPG system at a depot, a gas-fitter must securely attach to the installation a compliance plate stating –

(a) the gas-fitter's registration number; and

(b) the start work notice number; and

(c) the date of testing of the installation.

Penalty:  Fine not exceeding 5 penalty units.

(4)  A gas-fitter who alters an LPG system at a depot must immediately affix a new compliance plate in respect of the whole installation.

Penalty:  Fine not exceeding 5 penalty units.

(5)  A person must not supply LPG to an LPG system unless a compliance plate is securely attached to the installation at the supply point.

Penalty:  Fine not exceeding 10 penalty units.

57.   LPG systems on caravans and vessels

(1)  A person must not install, alter or repair an LPG system on a caravan or vessel –

(a) except in accordance with AG 601; and

(b) in the case of a system involving cylinders which contain, individually or collectively, more than 2 kilograms of LPG, unless that person is a gas-fitter.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Before a gas-fitter installs an LPG system on a caravan or vessel, he or she must give a start work notice to the Competent Authority.

Penalty:  Fine not exceeding 5 penalty units.

(3)  On completing the installation, alteration, repair or testing of an LPG system on a caravan or vessel, a gas-fitter must securely attach to the installation a compliance plate stating –

(a) the gas-fitter's registration number; and

(b) the start work notice number; and

(c) the date of testing of the installation.

Penalty:  Fine not exceeding 5 penalty units.

(4)  The owner of a vessel on which an LPG system is installed must keep a fire extinguisher of an approved type on the vessel.

Penalty:  Fine not exceeding 2 penalty units.

58.   Sale of vehicles, &c., with LPG systems without compliance plate

A person must not sell or register a caravan or other vehicle on which an LPG system is installed unless a compliance plate is securely attached to the installation.

Penalty:  Fine not exceeding 10 penalty units.

59.   Automotive LPG systems

(1)  A person must not install, alter, repair, test or commission an automotive LPG fuel system for a vehicle engine unless –

(a) that person is an autogas installer; and

(b) the automotive LPG fuel system is installed, altered, repaired, tested or commissioned in accordance with AS 1425.

Penalty:  Fine not exceeding 10 penalty units.

(2)  On the installation, alteration, repair, testing or commissioning of an automotive LPG fuel system, an autogas installer must securely attach to the vehicle, in a conspicuous position adjacent to the compliance plate issued under the Motor Vehicle Standards Act 1989 of the Commonwealth, a compliance plate stating –

(a) the autogas installer's approval number issued by the Competent Authority under regulation 60(4) ; and

(b) the date of installation; and

(c) the vehicle identification number; and

(d) the test date of the cylinder.

Penalty:  Fine not exceeding 5 penalty units.

(3)  Within 10 days after the end of each month, an autogas installer must give a return to the Competent Authority specifying details of –

(a) each vehicle that the autogas installer has converted to an automotive LPG fuel system; and

(b) any periodic inspection required by AS 1425.

Penalty:  Fine not exceeding 5 penalty units.

(4)  A person must not sell a vehicle in which an automotive LPG fuel system is installed unless a compliance plate is securely attached to the installation in accordance with subregulation (2) .

Penalty:  Fine not exceeding 10 penalty units.

60.   Application to be autogas installer

(1)  A person may apply to the Competent Authority to be authorised to install autogas if the person –

(a) is a qualified motor or diesel mechanic; and

(b) has satisfactorily completed an approved course on automotive LPG fuel system conversion; and

(c) pays the autogas installer's registration fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(2)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(3)  The Competent Authority must, as soon as practicable after considering the application, give the applicant notice of  –

(a) the grant of the application; or

(b) the refusal to grant the application and any reasons for the refusal.

(4)  If the application is granted, the notice is to contain or be accompanied by the authorisation and an approval number for the authorisation.

(5)  The Competent Authority may revoke a person's authorisation under this regulation if of the opinion that the person  –

(a) is no longer competent to install autogas; or

(b) has failed to comply with these regulations.

(6)  If the Competent Authority revokes a person's authorisation under this regulation  –

(a) the Competent Authority must give the person immediate notice of the revocation and the reasons for the revocation; and

(b) the revocation takes effect on the giving of that notice.

61.   Register of autogas installers

(1)  The Competent Authority must maintain a register of autogas installers.

(2)  The register is to contain the following particulars in respect of each autogas installer:

(a) name and address;

(b) approval number;

(c) date of issue of the authorisation;

(d) date of revocation of the authorisation.

(3)  The register may contain such other particulars as the Competent Authority considers necessary or expedient.

62.   Restrictions on supply of LPG

(1)  A person must not supply LPG in a quantity exceeding 10 kilograms unless that person is the holder of a gas supplier's licence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The holder of a gas supplier's licence must keep a record of –

(a) the name and address of each person who has been supplied at one time with more than 10 kilograms of LPG; and

(b) the date of supply; and

(c) the quantity supplied.

Penalty:  Fine not exceeding 10 penalty units.

(3)  The holder of a gas supplier's licence must not supply LPG for use in an LPG system in or on any depot unless the system is installed, altered or repaired in accordance with regulation 56 .

Penalty:  Fine not exceeding 5 penalty units.

(4)  Subregulations (1) and (2) do not apply to the supply of LPG at a licensed depot to the fuel system of a vehicle.

PART 9 - Use of explosives

Division 1 - Purchase, preparation and firing

63.   Use of explosives

A person must not use or fire explosives unless –

(a) the explosives have been classified under the ADG Code or AE Code; and

(b) the use or firing is in accordance with AS 2187.

Penalty:  Fine not exceeding 10 penalty units.

64.   Restrictions on purchase of explosives

A person must not purchase explosives unless –

(a) that person holds –

(i) a shot-firer's permit; or

(ii) a keeper's licence for keeping explosives; or

(b) in the case of Type 2 and Type 3 fireworks –

(i) that person holds a fireworks permit; and

(ii) the fireworks comply with Schedule 7 .

Penalty:  Fine not exceeding 10 penalty units.

65.   Preparation and firing of explosives

(1)  Except as provided by this regulation or Division 2 , a person must not prepare or fire explosives of Class 1.1, 1.2 or 1.5 or any Type 3 fireworks unless the person holds a shot-firer's permit.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person may prepare or fire explosives at an underground mine site if that person –

(a) is at least 18 years old; and

(b) has been authorised by the mine manager, the responsible officer for the site or a person holding a mine manager's certificate of competency to carry out the type of explosives work to be undertaken; and

(c) the authorisation has been recorded in the record book of the mine.

(3)  A person may prepare or fire explosives if that person –

(a) is training to be a shot-firer; and

(b) is under the close supervision of an experienced shot-firer; and

(c) has completed an appropriate period of practical training under the close supervision of an experienced shot-firer.

(4)  For the purposes of this regulation  – .

(a) the expressions "mine" and "responsible officer" each have the same meaning as in the Workplace Health and Safety Act 1995 ;

(b) the expression "record book" means a record book referred to in section 25 of that Act.

66.   Applications for shot-firer's permits

(1)  A person may apply to the Competent Authority for a shot-firer's permit to prepare or fire explosives.

(2)  The application is to –

(a) include –

(i) 2 recent passport photographs of the applicant; and

(ii) proof that the applicant has successfully completed an approved shot-firer's course; and

(b) be accompanied by the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(3)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(4)  If the application is granted, the Competent Authority must issue the permit.

(5)  If the application is not granted, the Competent Authority must give the applicant notice of the refusal and any reasons for the refusal.

67.   Shot-firer's permits

A shot-firer's permit –

(a) is to be signed by the Competent Authority; and

(b) is to specify –

(i) the explosives to which the permit relates; and

(ii) the method or methods to be used in preparing or firing those explosives; and

(c) remains in force for such period, not exceeding 5 years, as is specified in the permit.

68.   Renewal of shot-firer's permits

(1)  The holder of a shot-firer's permit may, before the day on which the permit is due to expire, apply to the Competent Authority to renew the permit.

(2)  An application is to be –

(a) in a form approved by the Competent Authority; and

(b) accompanied by the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(3)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(4)  If the application is granted, the permit is renewed –

(a) for a period, not exceeding 5 years, determined by the Competent Authority; and

(b) subject to any conditions determined by the Competent Authority and specified in the permit as renewed.

(5)  If the application is granted before the day on which the permit was due to expire had it not been for the renewal, the period referred to in subregulation (4)(a) starts on that day.

(6)  If the Competent Authority does not make a determination in relation to the application before the day on which the permit is otherwise due to expire  –

(a) the permit is taken to continue in force on and after that day until the day the application is granted, refused or withdrawn, whichever occurs first; and

(b) if the application is granted, the period referred to in subregulation (4)(a) starts on the day the application is granted.

(7)  The Competent Authority must, as soon as practicable after considering an application for the renewal of a permit, give the applicant notice of –

(a) the grant of the application; or

(b) the refusal to grant the application and the reasons for the refusal.

69.   Preparation and firing of explosives to be in accordance with permits

The holder of a shot-firer's permit must not prepare or fire explosives except in accordance with the permit.

Penalty:  Fine not exceeding 5 penalty units.

70.   Revocation of shot-firer's permit

(1)  The Competent Authority may revoke a shot-firer's permit if satisfied that it is desirable to do so in the interests of public safety.

(2)  The Competent Authority must give immediate notice of the revocation to the holder of the permit and the revocation takes effect on the giving of that notice.

(3)  The holder of the permit must deliver the permit to the Competent Authority as soon as practicable after receiving the notice of the revocation.

Penalty:  Fine not exceeding 5 penalty units.

71.   Restrictions on shot-firing

(1)  A person must not prepare or fire explosives in any circumstances or in any manner likely to cause injury to a person or damage to property.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not make up an explosive charge or otherwise handle explosives if that person is –

(a) smoking; or

(b) under the influence of alcohol or a drug; or

(c) carrying a naked flame or light or other means of ignition.

Penalty:  Fine not exceeding 10 penalty units.

72.   Blasting in municipal areas

(1)  A person must not use blasting explosives in a municipal area except –

(a) with the permission of the general manager of the council of the municipal area; and

(b) in accordance with directions, if any, given by the general manager of the municipal area.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A shot-firer must ensure that –

(a) the ground vibration resulting from a blast at a building is as low as possible and does not in any event exceed a peak particle velocity of 10 mm/sec; and

(b) the airblast resulting from a blast at any protected works is as low as possible and does not in any event exceed 120 dB peak value on a linear scale.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must make an assessment of all susceptible buildings and structures in accordance with AS 2187 before using blasting explosives in a municipal area.

Penalty:  Fine not exceeding 10 penalty units.

(4)  An authorised officer may require a person who is using blasting explosives to monitor the intensity of ground vibration and airblast arising from blasting.

Division 2 - Fireworks

73.   Purchase, handling, &c., of fireworks

A person must not purchase, handle or use Type 2 fireworks or Type 3 fireworks except in accordance with a fireworks permit.

Penalty:  Fine not exceeding 10 penalty units.

74.   Applications for fireworks permits

(1)  A person may apply to the Competent Authority for a fireworks permit to purchase, handle or use fireworks for a fireworks display.

(2)  An application is to –

(a) be made at least 21 days before the time of the intended purchase, handling or use; and

(b) specify the place, date and time of the intended fireworks display; and

(c) be accompanied by the applicable fee set out in the Dangerous Goods (Fees) Regulations 1998 .

(3)  The Competent Authority must give a copy of the application to –

(a) the Commissioner of Police; and

(b) the Chief Officer of the Tasmania Fire Service; and

(c) the general manager of the municipal area in which the fireworks display is intended to be held.

(4)  The Competent Authority may –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(5)  If the application is granted, the Competent Authority must issue the permit.

(6)  If the application is not granted, the Competent Authority must give the applicant notice of the refusal and any reasons for the refusal.

75.   Fireworks permits

A fireworks permit –

(a) is to be signed by the Competent Authority; and

(b) is subject to –

(i) any order, notice or direction made or given by the State Fire Commission under Part V of the Fire Service Act 1979 ; and

(ii) any condition of a fire permit that may be in force under that Part; and

(iii) the conditions set out in Schedule 8 ; and

(iv) any conditions the Competent Authority considers necessary or desirable in the interests of public safety and specifies in the permit.

76.   Objections to issue of fireworks permits

(1)  Any of the following persons may object to the issue of a fireworks permit:

(a) the Commissioner of Police;

(b) the Chief Officer of the Tasmania Fire Service;

(c) the general manager of the municipal area in which the fireworks display is intended to be held.

(2)  An objection is to be lodged with the Competent Authority no later than 7 days after the issue of the permit.

(3)  On receipt of an objection, the Competent Authority may –

(a) revoke or alter the permit; or

(b) refuse to revoke or alter the permit.

(4)  If the Competent Authority revokes or alters the permit  –

(a) the Competent Authority must give the permit holder immediate notice of the revocation or alteration and the reasons for the alteration or revocation; and

(b) the revocation or alteration takes effect on the giving of that notice.

PART 10 - Sale of explosives

77.   Sale of Class 1 explosives

(1)  A person must not sell fireworks unless the fireworks comply with the requirements of Schedule 7 .

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not sell explosives that are not Type 1 fireworks except in accordance with a seller's licence.

Penalty:  Fine not exceeding 10 penalty units.

78.   Conditions of seller's licence

A seller's licence is subject to the following conditions:

(a) the licensee must not display in a shop window any explosives to which the licence relates;

(b) the licensee must not exhibit or expose for sale the explosives in the licensed depot except as follows:

(i) any Class 1.4S explosives may be exhibited or exposed in a licensed depot in a place that is inaccessible to the public;

(ii) any fireworks may be exhibited, but not exposed, behind glass on a shelf or in a closed showcase;

(c) the licensee must not sell the explosives, unless the explosives are contained in a sufficiently substantial package that is –

(i) made and closed so as to prevent the escape of the explosives; and

(ii) securely and clearly labelled on the outside –

(A) in the case of fireworks, if the quantity of explosives exceeds 2 kilograms, with the word "Firework" or "Fireworks"; or

(B) in the case of any other explosives, with the word "Explosive" or "Explosives";

(d) the licensee must not sell any Type 2 or Type 3 fireworks to any person unless –

(i) the fireworks comply with the requirements of Schedule 7 ; and

(ii) that person is the holder of a fireworks permit;

(e) the licensee must not sell any fireworks if the Competent Authority has given a notice to the licensee that the fireworks are dangerous to the public;

(f) the licensee must record on each fireworks permit full details of each type of fireworks sold;

(g) the licensee must retain a copy of each fireworks permit and produce all copies for inspection if required by an authorised officer.

79.   Sales records

(1)  The owner, occupier or person in charge of a licensed depot who consigns, delivers or supplies blasting explosives, propellant powders or detonators to another person must keep a record –

(a) showing the name and address of that other person; and

(b) showing the date of consignment, delivery or supply; and

(c) showing the quantity of the items consigned, delivered or supplied; and

(d) containing a description of those items.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The owner, occupier or person in charge of a licensed depot must produce the record within 2 days if required by an authorised officer.

Penalty:  Fine not exceeding 5 penalty units.

80.   Sale of explosives prohibited in public places

A person must not sell explosives in a public place.

Penalty:  Fine not exceeding 10 penalty units.

PART 11 - Incidents

81.   Interpretation of Part

In this Part,

incident means an incident involving dangerous goods that causes or might cause –

(a) loss or destruction of all or part of the dangerous goods; or

(b) danger to life, property or the environment.

82.   Notice of incidents

(1)  The occupier of a depot or place at which an incident occurs must, as soon as practicable after that occurrence, give the Competent Authority or an authorised officer notice of the incident and notice of any resulting loss of life or personal injury.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The master of a vessel on or in connection with which an incident occurs must, as soon as practicable after that occurrence, give the Competent Authority or an authorised officer notice of the incident and notice of any resulting loss of life or personal injury.

Penalty:  Fine not exceeding 5 penalty units.

(3)  [Regulation 82 Subregulation (3) amended by S.R. 2005, No. 138, Applied:31 Dec 2005] If a person who is an employee of the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938) or the Marine Authority receives notice of an incident, he or she must, as soon as practicable, give a copy of the notice to the Competent Authority.

Penalty:  Fine not exceeding 5 penalty units.

83.   Reconstruction after incident

A person who owns a depot that is damaged or destroyed in an incident must not, without the prior written permission of the Competent Authority –

(a) cause the depot to be reconstructed; or

(b) permit dangerous goods to be placed in the depot.

Penalty:  Fine not exceeding 10 penalty units.

PART 12 - Miscellaneous

84.   Rights of appeal

[Regulation 84 Amended by S.R. 2002, No. 64, Applied:01 Jul 2002] A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of a decision of the Competent Authority to–

(a) refuse to grant an application for a licence or permit or an application for an approval; or

(b) refuse to grant an application for the transfer of a licence; or

(c) refuse to grant an application for the renewal of a licence or permit; or

(d) revoke a licence, permit or authorisation; or

(e) impose, vary or rescind a condition of a licence or permit.

85.   

[Regulation 85 Rescinded by S.R. 2002, No. 64, Applied:01 Jul 2002] .  .  .  .  .  .  .  .  

86.   

[Regulation 86 Rescinded by S.R. 2002, No. 64, Applied:01 Jul 2002] .  .  .  .  .  .  .  .  

87.   Transfer of licensed depots

If the ownership or occupancy of a licensed depot is transferred or altered, the new owner or occupier must give notice of the transfer or alteration to the Competent Authority as soon as practicable after completion of the transfer or alteration.

Penalty:  Fine not exceeding 5 penalty units.

88.   Entering depots, &c., without permission

(1)  A person must not –

(a) enter without the permission of the occupier –

(i) an explosives factory or magazine; or

(ii) a depot that is required to be placarded under these regulations; or

(iii) land that adjoins an explosives factory or magazine and is occupied by the licensee in relation to the factory or magazine; or

(iv) a wharf onto or from which dangerous goods are loaded or unloaded; or

(b) interfere with an explosives factory, magazine, depot, wharf or land referred to in paragraph (a) .

Penalty:  Fine not exceeding 10 penalty units.

(2)  If a person commits an offence under subregulation (1) in or on a factory, magazine, depot, land or wharf, any of the following persons may remove the person from that factory, magazine, depot, land or wharf and may use such force as is reasonably necessary for the purpose:

(a) a servant or agent of the Crown;

(b) an authorised officer;

(c) a police officer;

(d) the licensee in relation to the factory, magazine or depot;

(e) a servant or agent of, or other person authorised by, the licensee in relation to the factory, magazine or depot.

89.   False or misleading statements

A person must not, in giving any information or notice under these regulations –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is misleading.

Penalty:  Fine not exceeding 10 penalty units.

90.   Rescission

The Dangerous Goods Regulations 1994 are rescinded.

91.   

[Regulation 91 Amended by S.R. 1999, No. 108, Applied:27 Oct 1999] [Regulation 91 Amended by S.R. 2000, No. 217, Applied:20 Dec 2000] [Regulation 91 Rescinded by S.R. 2002, No. 162, Applied:25 Dec 2002] .  .  .  .  .  .  .  .  

92.   Transitional provisions

(1)  In this regulation –

authorisation means any authorisation under the former regulations other than an authorisation under regulation 45 of those regulations;

commencement day means the day on which the Act commences;

former Act means the Dangerous Goods Act 1976 ;

former regulations means the Dangerous Goods Regulations 1994 .

(2)  On the commencement day, each licence, permit, authorisation or approval that was in force under the former regulations immediately before that day remains in force, under and subject to the Act and these regulations, until the expiration of the 3 month period immediately following the day on which, had the former Act not been repealed, it would have expired if not renewed.

(3)  For the purposes of subregulation (2) , the licence, permit, authorisation or approval continuing in force is taken to have been issued or granted by the Competent Authority.

SCHEDULE 1 - Fireworks

Regulation 4(1)

PART 1 - Type 1 fireworks (Indoor fireworks)

PART 2 - Type 2 fireworks (Shop goods or small retail fireworks)

PART 3 - Type 3 fireworks (Large retail fireworks)

SCHEDULE 2 - Titles of Standards and codes referred to in the Regulations

Regulation 4(3)

SCHEDULE 3 - Licensing exemption limits

Regulation 9(5)

PART 1 - Class 1 – Explosives

PART 2 - Class 2 – Compressed gases and cryogenic liquids

PART 3 - Class 3 – Flammable liquids

PART 4 - Other dangerous goods

SCHEDULE 4 - Depot Standards

Regulation 43

SCHEDULE 5 - Types of isolation required for storage of mixed classes of dangerous goods

Regulation 50

SCHEDULE 6 - Minimum separation distances between a room or space where more than one class of dangerous goods is kept and other occupancies (metres)

Regulation 51

SCHEDULE 7 - Fireworks requirements

Regulations 64(b) , 77(1) and 78(d)

1.   Type 1 fireworks must not, when used in accordance with the manufacturer's directions, be capable of causing injury –

(a) to a person standing at least one metre from them; or

(b) if the fireworks are intended to be held in the hand, to the person holding them.

2.   Sparklers that are designed to be held in the hand must not, when used in accordance with the manufacturer's directions, be capable of causing injury to the person holding them by the dropping of hot slag or by the emission of sparks.

3.   Type 2 fireworks must not, when used in accordance with the manufacturer's directions, be capable of causing injury to a person standing at least 5 metres from the fireworks.

4.   Type 2 fireworks must be fitted with a fuse so as to enable a person lighting them to retire safely to a distance of 5 metres.

5.   Type 3 fireworks must not, when used in accordance with the manufacturer's directions, be capable of causing injury to a person standing at least 25 metres from the fireworks.

6.   All Type 1, Type 2 and Type 3 fireworks –

(a) must comply with the specifications set out in the Code known as the British Standards Institution 7114, Part 2, Specification for Fireworks, as amended from time to time; and

(b) must be capable of passing the tests prescribed by Part 3 – Methods of Tests for Fireworks of that Code.

SCHEDULE 8 - Conditions for fireworks displays

Regulation 75

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 1998

These regulations are administered in the Department of Infrastructure, Energy and Resources.