Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 186

    (1)     For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a shotfirer licence include the following:

        (a)     whether the person is an individual;

        (b)     whether the person has demonstrated adequate knowledge and experience of the following matters (the licence criteria ):

              (i)     safety in the use of explosives by the method stated in the application; and

              (ii)     the requirements of these regulations that relate to explosives and that method of use.

    (2)     For subregulation (1) (b), a person is taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant meets 1 or more of the following conditions:

        (a)     the applicant has passed an examination approved in writing by the chief executive to test the applicant's knowledge and experience of the licence criteria;

        (b)     the person has—

              (i)     attended a training course approved in writing by the chief executive on the use of explosives for blasting operations; and

              (ii)     passed the course, or met an applicable standard of competency to the satisfaction of the chief executive because of the course; and

              (iii)     demonstrated suitable practical experience in the use of the explosives intended to be used under the licence, to the satisfaction of the chief executive;

        (c)     the person has demonstrated suitable practical experience in the use of the explosives intended to be used under the licence, to the satisfaction of the chief executive.

    (3)     A person is also taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant holds a qualification relating to the use of explosives for blasting operations issued outside the ACT that is approved in writing by the chief executive.

Note     Additional criteria apply to the issue of the licence (see the Act, pt 4.2).

    (4)     An approval under this regulation is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.