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DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 46

Manufacturing definitions

    (1)     In these regulations:

"central mixing point", for an explosive mixture, means a structure or place at a mine, quarry, construction or other site where the mixture is prepared for use at or near the site, but does not include a factory.

explosive mixture means a mixture of an oxidising agent and a fuel component, if the mixture is an authorised explosive.

Note     For the meaning of fuel component and "oxidising agent", see reg (2).

"factory"–

        (a)     means premises, other than a mobile manufacturing unit, used or intended to be used for the manufacture of an explosive, or a purpose related to that manufacture; and

        (b)     includes land used, or intended to be used, for the disposal of explosives or waste materials.

"filling or capping", in relation to safety cartridges, includes—

        (a)     filling an explosive powder and projectiles into safety cartridge cases; and

        (b)     filling an explosive powder into safety cartridge cases; and

        (c)     capping safety cartridge cases.

"manufacture", of explosives, means—

        (a)     the manufacture of the explosives at a factory; or

        (b)     the manufacture of ammunition at a factory, including the filling and capping of safety cartridges at the factory; or

        (c)     the manufacture of explosive mixtures at the point of application or use; or

        (d)     the filling or capping of safety cartridges for a commercial purpose other than at a factory.

Note 1     Manufacture (a dangerous substance) is also defined in the Act, dict. Explosives are dangerous substances. This definition qualifies the definition in the Act.

Note 2     Div 2.4.9 imposes obligations on individuals filling or capping safety cartridges for non-commercial purposes.

"manufacturing licence", for explosives, means a licence issued for this part authorising the manufacture of explosives.

Note     Licences are issued under the Act (see the Act, dict, def "licence").

"mobile manufacturing unit" means a vehicle or other mobile unit used for the manufacture of explosives.

Note     This applies the definition used in AS 2187.0. In AS 2187.0, AS 2187.1 and AS 2187.2, the term mobile manufacturing unit is used interchangeably with the terms MMU and mobile mixing unit .

"modification", of a factory or safety management system, means a change to the factory or system that has the effect of creating a new hazard or increasing the risk associated with an existing hazard, and includes—

        (a)     a change to any plant, building, storage facility or process, including the introduction of a new plant process; and

        (b)     a change to the quantity of explosives present or likely to be present, including the introduction of any new explosive material; and

        (c)     a change to the quantity of any dangerous substances present or likely to be present, including the introduction of a new dangerous substance; and

        (d)     for a safety management system—a change to the system.

"point of application or use", of an explosive, includes—

        (a)     a central mixing point for the explosive; and

        (b)     a mobile manufacturing unit for the explosive.

    (2)     For subregulation (1), definition of explosive mixture :

"fuel component"—

        (a)     means—

              (i)     a combustible granular solid; or

              (ii)     a clean oil, fuel oil or other oil that has a closed-cup flash point of 60.5°C or higher; and

        (b)     includes a compatible dye or sensitising agent.

"oxidising agent" includes—

        (a)     a granular solid of class 5.1; and

        (b)     an aqueous gel, or emulsion, of class 5.1.



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