Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Consequential and other amendments
(see reg 2)
[1.1] New regulations 2 to 6
insert
2 Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1 The dictionary at the end of these regulations defines certain words and expressions used in these regulations, and includes references ( signpost definitions ) to other words and expressions defined elsewhere in these regulations.
For example, the signpost definition ‘"AS"—see regulation 6 (Australian Standards).' means that the expression ‘AS' is defined in that regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967 , s 11F and s 11G).
3 Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note See Interpretation Act 1967 , s 12 (1), (4) and (5) for the legal status of notes.
4 Substances mentioned in sch 1
A reference in schedule 1 to any of the following substances, or groups of substances, is a reference to the substances or groups commonly so described:
ammonium nitrate explosives, blasting explosives, explosive alarm devices, explosive bursters, explosive cable cutters, explosive release devices, explosive rivets, explosive supplementary charges, initiating explosives, potassium chlorate explosive, slurry explosive, sodium chlorate explosive, watergel explosives.
5 Incorporation of Australian Code for the Transport of Dangerous Goods by Road and Rail
If a provision of these regulations adopts a provision of the Australian Code, any requirement made in the adopted provision is taken to be incorporated into these regulations.
6 Australian Standards
A reference in a provision of these regulations to AS followed by a number is a reference to the Australian Standard so numbered as published by or on behalf of Standards Australia immediately before the provision commenced.
[1.2] Regulation 4 (1), definitions of aerosol , depot , explosive rivet , fire resistance rating , fire-resisting , fuel dispensing unit , gas-free , gun licence , HE , licensed capacity , M/M , ME , MFH , MSC , magazine keeper , main electrical substation , methylated spirits , NME , NOS , NSR , pail , pistol licence , protected place , protected work , public display fireworks permit , public reservoir , purchaser's permit , railway fog signal , self-service fuel dispensing unit , separate store , Standard Fire Test , the Act and vapour path
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[1.3] Regulation 4 (1), remaining definitions
relocate to the dictionary
[1.4] Regulation 4 , remainder
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[1.5] Regulations 6 and 7
substitute
7 Applications
An application for the issue, variation or renewal of a licence or permit must be made to the chief inspector.
Note If a form is approved under s 45 (Approved forms) of the Act for applications, the form must be used.
renumber as regulations 9 and 10
[1.7] Regulation 9B (3) (a) and (b)
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clause 65L
substitute
regulation 41A
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purchaser's permit
substitute
shopgoods fireworks purchasers permit
[1.9] Regulations 10 and 11
substitute
11 Change of licence or permit particulars
(1) This regulation applies if, after a licence or permit has been issued, particulars set out in the application for the licence or permit, or the licence or permit, are inaccurate or inapplicable because of a change in circumstances.
(2) The holder of the licence or permit must tell the chief inspector in writing of the change as soon as practicable (but within 14 days) after the change and, if the change relates to the licence or permit, return the licence or permit to the chief inspector for amendment or reissue.
12 Damaged, stolen, lost or destroyed licences and permits
(1) If a licence or permit has been damaged,
stolen, lost or destroyed, the person must apply to the chief inspector for
the issue of a replacement licence or permit as soon as practicable (but
within
14 days) after the licence or permit is damaged, stolen, lost or
destroyed.
(2) The licence or permit holder must, with the application—
(a) return the licence or permit to the chief inspector; or
(b) if the licence or permit has been stolen, lost or destroyed—give the chief inspector a statutory declaration that the licence or permit has been stolen, lost or destroyed.
(3) If the chief inspector is satisfied that the licence or permit has been damaged, stolen, lost or destroyed, the chief inspector must issue a replacement licence or permit.
(4) A licence or permit issued under subregulation (3) must be issued for the remainder of the period of the licence or permit that it replaces.
renumber as regulations 14 to 16
[1.11] Regulation 17 (2)
omit
[1.12] Regulation 17 (3)
renumber as subregulation 17 (2)
[1.13] New regulation 25 (4)
insert
(4) In this regulation:
"fuel dispensing unit" means mechanical equipment (with or without a pump) for delivering dangerous goods directly into the fuel tanks of vessels or vehicles, and includes a unit operated by the purchaser of the dangerous goods.
[1.14] Regulation 28 , heading
substitute
28 Breach of regulations caused by emergency etc
[1.15] Regulation 31
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$2,000
substitute
10 penalty units
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clause 16
substitute
[1.17] Regulation 41 (4) and (5)
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permit under clause 54
substitute
public display fireworks permit
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commissioner
substitute
chief inspector
renumber as subregulation 43 (7)
substitute
(8) A person who, without reasonable excuse, fails to comply with subregulation (7) commits an offence.
Maximum penalty: 10 penalty units.
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[1.22] Part 4, division 3, heading
substitute
Division 4.3 Authority to receive explosives
substitute
(1) Subject to regulation 59 (Production of evidence of authority to receive explosives), the holder of a licence or permit under the Firearms Act 1996 is authorised to receive, on any single occasion, not more than 10kg of propellant powder or 2 000 safety cartridges.
[1.24] Regulation 51 (2) and (3)
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Subject to clause 56
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Subject to regulation 59
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subject to clause 56
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subject to regulation 59 (Production of evidence of authority to receive explosives)
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Subject to clause 56
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Subject to regulation 59 (Production of evidence of authority to receive explosives)
omit
omit
or supply
omit
or supplied
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or supply
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or supplied
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under the authority of the licence or are supplied by him or on his behalf to any person
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importation, sale or supply
substitute
importation or sale
substitute
(3) This part applies subject to part 10 (Special requirements for certain goods).
substitute
(1) In this regulation:
"appliance" means any kind of powered vehicle, plant, appliance or device, whether or not mobile, and whether or not it is designed for industrial, commercial or rural operation.
"class"—see AS 3000, SAA Wiring Rules.
"location", in relation to a depot, means a location in or about the depot.
"zone"—see AS 3000, SAA Wiring Rules.
substitute
(1) In this regulation:
"aerosol container" means a container—
(a) having 1 valve; and
(b) containing a product that is maintained under pressure greater than atmospheric pressure by liquefied or compressed gas; and
(c) from which the product is discharged when the valve is opened.
"charging area" means the area of a building in which aerosol containers or disposable containers are charged with liquefied petroleum gas.
Note For the meaning of disposable container , see the dictionary.
omit
entitled “Atmospheric Contaminants” issued by the National Health and Medical Research Council
substitute
‘National Exposure Standards for Atmospheric Contaminants in the Occupational Environment' published by the National Occupational Health and Safety Commission
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in use;
substitute
in use; and
omit
approved;
substitute
approved; and
omit
sites
substitute
sides
substitute
(4) If a screen wall extending at least 1m above a depot is between the depot and an exposure mentioned in subregulation (2) (b), (c) or (h) to (l), the distance prescribed in subregulation (2) (except for a case mentioned in subregulation (3)) is the distance of the vapour path.
(5) For subregulation (4), the vapour path is the distance, or the shortest of the distances, around the end of the screen wall between the part of the exposure and the part of the depot that are closest to the end of the screen wall around which the distance is measured.
omit
substitute
(2) Goods must be kept in closed packages.
substitute
(4) If only goods are kept in a store, the goods must be located at least 12m from any other building.
[1.46] Regulation 173 (2) and (3)
substitute
(2) This part does not apply in relation to the conveyance of dangerous goods—
(a) that are, for the time being, in immediate use; or
(b) of class 2.1 or 3 in, into or from the fuel tank of a vehicle or vessel.
(3) This part applies subject to part 10 (Special requirements for certain goods).
omit
(1)
substitute
205A Classification—carriage of more than 1 class of explosives
For this division, if explosives of more than 1 class are being carried in or on the same vehicle or vessel, all the explosives are taken to be of the class that has the lowest classification number.
[1.49] Regulation 207 (4) (b) (ii)
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in a city
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in the city area
[1.50] Regulation 219 (3) and (4)
substitute
(3) Explosives must not be carried in or on a vessel unless they are stowed in a way and position that will, as far as practicable, stop them from coming into contact with, or being endangered by, any other things (including substances) being carried in or on the vessel that are likely to cause a fire or explosion.
omit
omit
substitute
(1) In this regulation:
"empty "a tank or compartment means to remove a quantity of dangerous goods from the tank or compartment.
"fill" a tank or compartment means to put a quantity of dangerous goods into the tank or compartment.
substitute
(4) If a pipeline is laid, or repairs are made to a pipeline (other than minor repairs incidental to its ordinary maintenance), a person must not use the pipeline without the written approval of the chief inspector.
omit
wireless transmission
substitute
electromagnetic energy
insert after the heading ‘Schedule 1'
Meaning of abbreviations
In this schedule:
"M/M" means mass for mass.
"ME" means mass explosive and indicates explosives that have a mass explosive risk.
"MFH" means major fire hazard.
"NME" means non-mass explosive and indicates an explosive that has a fire hazard with minor or no explosion effects.
"NOS" means not otherwise specified.
"NSR" means no significant risk.
Note For the meaning of other terms used in this schedule, see reg 4 (Substances mentioned in sch 1) and the dictionary.
insert
Dictionary
(see reg 2)
"AS"—see regulation 6 (Australian Standards).
"away"—a substance or article is away from another substance or article if the substances or articles—
(a) are situated in relation to each other so that, in such circumstances as can reasonably be foreseen, neither can come into contact with the other; and
(b) are at least 5m apart or separated by a liquid-tight brick wall, or an equivalently secure wall, at least as high as the higher of the substances or articles.
"class", of dangerous goods—see regulation 17 (Classification of dangerous goods).
class 4.1 —see regulation 17 (Classification of dangerous goods).
class 5.1 —see regulation 17.
class 6.1 —see regulation 17.
"compatibility group"—a substance or article belongs to
the same compatibility group as another substance or article if the substances
or articles are contained in the same classification group in
schedule 1.
"compatible"—2 substances are compatible with each other if, when in contact with each other, they will not react chemically with each other.
"dangerous goods"—
(a) for the Act—see regulation 16 (Prescription of dangerous goods); or
(b) for section 3 (6) of the Act—see regulation 16A (Transport of dangerous goods by road).
"depot"—
(a) means a building, structure, room, compartment, tank, store, area or receptacle in or on which dangerous goods are kept (other than a process building); and
(b) for cryogenic liquid—includes all pressure regulators, safety devices, vaporisers, manifolds, pipelines and other equipment provided in relation to the depot (other than equipment for the conveyance or other handling of cryogenic liquid kept in the depot beyond the point where it enters a pipeline at service pressure).
"director"—see the Act, dictionary.
"executive officer", of a corporation, means the person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.
"en masse"—explosive devices explode en masse if the explosion of 1 device in a package of such devices would cause the other devices to explode simultaneously or almost simultaneously.
"fire-resisting" means—
(a) for a structural member or other part of a building—the structural member or part has the fire-resistance rating required by the building code mentioned in the Building Act 1972 , section 24; or
(b) for a screen wall (other than a structural member or other part of a building)—the screen wall has the fire-resistance rating required by that building code for a non-load bearing internal or external wall of a building (other than a common or party wall).
"fire-resistance rating" means a fire-resistance rating determined in accordance with the Fire-resistance Test of Structures set out in AS1530 call ‘Fire Tests on Building Materials and Structures'.
"gas-free", in relation to a tank or cylinder, means—
(a) that the concentration of any flammable gas or flammable liquid vapour in the tank or cylinder is not more than 5% of the lower explosive limit of the gas or vapour; and
(b) any toxic vapour in the tank or cylinder is not more than the value stated in the publication ‘National Exposure Standards for Atmospheric Contaminants in the Occupational Environment' published by the National Occupational Health and Safety Commission.
"general public display fireworks permit" means a general public display fireworks permit issued under regulation 54.
"in immediate use"—a substance or article is in immediate use if it is—
(a) in actual use in a process of manufacture, mixing, blending, degreasing, cleaning, painting or testing; or
(b) being placed in vats, mixers or other containers in the course of a process mentioned in paragraph (a); or
(c) being conveyed within a depot or factory area; or
(d) not kept in or on any premises for more than 12 hours.
"kind", of dangerous goods that a depot is licensed to contain, means the kind of dangerous goods that may lawfully be kept in the depot (including any annexe to it).
"licence", for a licensed depot, means the licence for the premises in or on which the depot is situated.
"licensed capacity" means—
(a) for a licensed depot—the maximum quantity of dangerous goods which the depot is licensed to contain; or
(b) for a vehicle or vessel—the maximum quantity of dangerous goods stated in the licence for the vehicle or vessel.
"magazine keeper", for a magazine, means a person responsible for the operation or maintenance of the magazine.
"manufactured for immediate use"—a substance or article is "manufactured for immediate use" if—
(a) for explosives—after its manufacture, it is kept in or on the premises where it was manufactured for less than 12 hours before it is placed in its position of final use and it is used as soon as practicable after being placed in that position; or
(b) in any other case—manufactured with the intention that, immediately after it is manufactured, it will be in immediate use.
"model rocket propellant device" means a model rocket propellant device (including a model rocket motor) that—
(a) contains less than 62.5g of propellant; or
(b) is capable of generating a maximum force of less than 80N.
"protected place" means—
(a) a public place; or
(b) a railway, tramway or aerodrome; or
(c) a waterway used for navigation; or
(d) a dock, wharf, pier, jetty, reservoir (other than a reservoir forming part of the water network used by a utility under the Utilities Act 2000 ), river wall or bridge; or
(e) a furnace, kiln, forge or fire for manufacturing purposes or for the use of any boiler, engine or machine; or
(f) a water main or water supply channel, other than an underground main or channel; or
(g) an electrical substation forming part of an electricity network used by a utility under the Utilities Act 2000 ; or
(h) an electrical power transmission line carrying 1 kV or more; or
(i) a radio or television transmitter used for public broadcasting or television services.
"protected work" means—
(a) a house; or
(b) a government or public building, church, chapel, college, school, hospital, theatre or public hall; or
(c) a shop, factory, warehouse, store or other building, or a timber yard, where people are employed or engaged in any trade, business or profession; or
(d) a building or structure in or about which people are usually present or from time to time assemble; or
(e) a depot or process building on premises that are licensed, or required to be licensed, under section 8 (Licensing of premises) or 19 (Manufacturing licence) of the Act or that, if the premises were in the ACT, would be required to be so licensed; or
(f) a reservoir forming part of the water network used by a utility under the Utilities Act 2000 .
"public display fireworks permit" means a general public display fireworks permit or a special public display fireworks permit.
"quantity", of dangerous goods that a depot is licensed to contain, means the maximum quantity of dangerous goods that may lawfully be kept in the depot (including any annexe to it).
"sell"—see the Act, dictionary.
"separated"—a substance or article is separated from another substance or article if the substances or articles are sufficiently apart so that they will not react chemically with each other and are, in any case, at least 1m apart.
"shopgoods fireworks purchasers permit" means a permit issued under regulation 57.
"special public display fireworks permit" means a special public display fireworks permit issued under regulation 54.