75Serious incidents involving
explosives
(1)
In this clause, serious incident means:
(a)
an uncontrolled explosion or fire,
or
(b)
an incident resulting in the death of, or serious
injury to, a person or in substantial damage to property,
or
(c)
any other incident involving risk of an
uncontrolled explosion or fire or of any such death, injury or
damage.
(2)
If there is a serious incident involving or
related to the handling of any explosives or explosive precursors to which a
licence relates, the licensee must give the regulatory authority notice of the
incident and give full particulars of the incident including, if it has
resulted in the death of or serious injury to a person or substantial damage
to property, particulars of that death, injury or damage.
Note—
The regulatory authority in relation to coal
workplaces and mining workplaces is the Director-General of the Department of
Industry and Investment: see clause 6.
(3)
The notice must be given as soon as practical
after the licensee becomes aware of the incident.
(4)
Notice required to be given under this clause
must be given in any of the following ways:
(a)
by electronic communication (using a mode of
electronic communication approved by the regulatory
authority),
(b)
by telephone to the regulatory authority, giving
such information as may be requested of the caller.
(5)
The licensee concerned must take measures to
ensure that the following areas are not used, interfered with or disturbed
after the serious incident:
(a)
the area within a radius of 4 metres of the place
where the serious incident occurred, and
(b)
the area within a radius of 4 metres of a place
affected by the serious incident.
(6)
Subclause (5) does not prevent any action:
(a)
to help or remove a trapped or injured person or
to remove a body, or
(b)
to avoid injury to a person or damage to
property, or
(c)
for the purposes of any police investigation,
or
(d)
in accordance with a direction or permission of
an inspector.
(7)
The requirements of subclause (5) in relation to
any particular serious incident apply only for the period ending 36 hours
after notice of the incident is given.
(8)
Subclause (2) does not apply to a serious
incident or dangerous occurrence that has been notified under the Occupational Health and Safety Regulation
2001.
Maximum penalty: 250 penalty
units.
cl 75: Am 2007 (536),
Sch 1 [6]; 2010 No 59, Sch 2.29 [2].
81Storage and setting of
explosives
(1)
A licensee must ensure that any explosive that
cannot be used, or loaded into blast holes, on the day it is prepared for use
is:
(a)
kept in closed, clean, secure containers,
packagings or augers, conspicuously labelled “EXPLOSIVES”,
and
(b)
kept in a safe and secure storage facility until
the explosive can be used, and
(c)
used as soon as is
practicable.
(2)
A person who has set, or caused to be set, an
explosive to explode must not leave the explosive unsupervised until it has
exploded or been destroyed or rendered harmless.
(3)
An inspector may direct a person who has set, or
caused to be set, an explosive to explode to:
(a)
explode it, or
(b)
render it harmless, destroy it or otherwise
dispose of it in accordance with this Regulation,
and the person so directed must not, without reasonable
cause, fail to comply with the direction.
(4)
Subclauses (2) and (3) extend to apply in respect
of an explosive that has failed to fire or has misfired.
(5)
Subclause (2) does not apply to or in respect of
an explosive that is set to explode at a place in connection with any work to
which the Coal Mine Health and Safety Act
2002, or the Mines Inspection
Act 1901 or the Mine Health and
Safety Act 2004 (whichever is in force), while the
explosive remains at that place.
Maximum penalty: 250 penalty
units.
cl 81: Am 2007 (536),
Sch 1 [7].