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DANGEROUS SUBSTANCES (EXPLOSIVES) AMENDMENT REGULATION 2005 (NO 1) (NO 28 OF 2005)
2005
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
DANGEROUS SUBSTANCES (EXPLOSIVES) AMENDMENT
REGULATION 2005 (No 1)
EXPLANATORY STATEMENT
Circulated by authority of the
Minister for
Industrial Relations
Ms Katy Gallagher MLA
DANGEROUS
SUBSTANCES (EXPLOSIVES) AMENDMENT REGULATION 2005 (No 1)
The Dangerous Substances Act 2004 (the Act) regulates
the import, manufacture, transport, storage, handling, sale and use of dangerous
substances in the ACT. This statutory framework is designed to minimise the
risk these materials can pose to the health and safety of people working with
these substances, the general community and the environment.
The
Dangerous Substances (Explosives) Regulation 2004 (the Explosives Regulation)
made under the Act establishes a regulatory framework of explosives-related
licensing. Licences are required to manufacture, import, transport (drivers and
vehicles), store (persons who store and storage facilities), supply, and use
(shotfirers and fireworks display operators) explosives. In addition, permits
are required to use blasting explosives or fireworks with the exception of
“general use” and “consumer” fireworks.
The
Dangerous Substances Act 2004 and the Explosives Regulation
commenced on 5 April 2004. Under the Explosives Regulation, a licence
is required to store explosives unless the storage falls within an exempt
storage category listed in table 124 of section 124. Some of the
exemptions listed in table 124 are subject to conditions. An example is
the storage of airbag inflators, which is exempt if the airbag inflators are
incorporated into completed vehicle components. Other exemption conditions
include storage of certain explosives for emergency use and storage for personal
use.
General use fireworks (including prescribed sparklers, caps and
party poppers) are exempt from the import and supply licensing provisions in the
Explosives Regulation. It was also intended that general use fireworks
(excluding sparklers), and sparklers (up to a maximum quantity of 10 kg), be
exempt from storage licensing requirements due to the very low risk associated
with these types of fireworks. As such, general use fireworks and sparklers
were included in table 124 as exempt storage explosives. The
condition—storage for personal use—has been incorrectly applied,
however, to general use fireworks and sparklers. The amendments in this
Regulation correct that mistake.
Clause 1 – Name of regulation – states that
the title of this Regulation is the Dangerous Substances (Explosives)
Amendment Regulation 2005 (No 1).
Clause 2 –
Commencement – provides that this Regulation commences on the day
after the Act is notified on the Legislation Register.
Clause
3 – Legislation amended – states that the provisions of
the Dangerous Substances (Explosives) Amendment Regulation 2005 (No 1)
amend the Dangerous Substances (Explosives) Regulation 2004.
Clause 5 – Section 161, note – adds the words
“if any” to the note under section 161 so that the first
paragraph now reads “Exempt storage is storage of
explosives mentioned in table 124 in quantities no greater than those
mentioned in the table, subject to conditions (if any) mentioned in the table
(see reg 124).” The inclusion of “if any” recognises that
not all categories of exempt storage are subject to conditions.