Explosives Legislation (COVID-19 Emergency Response) Regulation 2020

1Short title

This regulation may be cited as the Explosives Legislation (COVID-19 Emergency Response) Regulation 2020.

2Declaration

It is declared that this regulation is made under the COVID-19 Emergency Response Act 2020, sections 8 and 13.

3Modification of the Explosives Act 1999, s 19 (Term of authority)

(1)This section applies in relation to a fireworks contractor licence or fireworks operator licence (each an affected licence) that, but for this section, would have expired during the COVID-19 response period.

(2)For the COVID-19 response period, the Explosives Act 1999, section 19 applies to an affected licence as if section 19(1) of the Act were replaced by—

‘(1)Despite anything stated in an authority, the term of an authority is the period—

(a)starting on the day the authority is issued; and

(b)ending on 31 December 2020.’.

(3)In this section—

COVID-19 response period means the period—

(a)starting on the commencement; and

(b)ending on 31 December 2020.

4Modification of the Explosives Regulation 2017, s 33 (Shotfirer licence)

For the COVID-19 emergency period, the Explosives Regulation 2017, section 33 applies as if section 33(2) of the regulation were replaced by—

‘(2)However, a shotfirer licence authorises the holder of the licence to do a thing mentioned in subsection (1)(a), (c) or (e) only if—

(a)the holder has a current competency assessment in relation to the doing of the thing; or

(b)for a shotfirer licence that is renewed during the COVID-19 emergency period—the chief inspector is satisfied, having regard to documentary evidence given to the chief inspector by the holder, the holder has the specific competencies mentioned in subsection (3), definition current competency assessment, paragraph (a).

Examples of documentary evidence demonstrating a person has the specific competencies—

•a certificate of completion of an online course stating the person has attained the specific competencies

•a statement from the person’s employer that the person has demonstrated the specific competencies’.

5Modification of the Explosives Regulation 2017, s 37 (Shotfirer licence)

For the COVID-19 emergency period, the Explosives Regulation 2017, section 37 applies as if section 37(1)(c) of the regulation were replaced by—

‘(c)either—

(i)has, within the 5-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; or

(ii)if the person is the applicant for the renewal of the licence—has given the chief executive documentary evidence demonstrating the person has the specific competencies mentioned in subparagraph (i); and

Examples of documentary evidence demonstrating a person has the specific competencies—

•a certificate of completion of an online course stating the person has attained the specific competencies

•a statement from the person’s employer that the person has demonstrated the specific competencies’.

6Regulation amended

This part amends the Mineral Resources Regulation 2013.

7Insertion of new s 98A

After section 98—
insert—

98A Moratorium on rental payable for exploration permits for COVID-19 emergency

(1)This section applies in relation to rental payable under section 138 of the Act, for a year, for an exploration permit, if the rental is payable during the moratorium period.

(2)For section 138(4) of the Act, the amount prescribed for the year is 0.

(3)Subsection (2) applies—

(a)despite section 98; and

(b)whether or not the year starts during the moratorium period.

(4)This section expires on 30 September 2020.

(5)In this section—

moratorium period means the period—

(a)starting on 1 April 2020; and

(b)ending on 30 September 2020.

year, for an exploration permit, means a period of 1 year starting, in each year, on the day the exploration permit is granted.

8Regulation amended

This part amends the Petroleum and Gas (General Provisions) Regulation 2017.

9Amendment of s 48 (Keeping samples)

Section 48(1)(b), from ‘as required under’—
omit, insert—

under the 2004 Act, section 548 or the 1923 Act, section 76B.

10Insertion of new s 64A

After section 64—
insert—

64A Waived special amendment fees for COVID-19 emergency

(1)This section applies in relation to a special amendment fee that is payable by a person during the waiver period.

(2)Payment of the fee is waived for the person.

(3)Subsection (2) applies despite section 64.

(4)This section expires on 30 September 2020.

(5)In this section—

special amendment fee means the fee mentioned in schedule 2, part 1, item 7.

waiver period means the period—

(a)starting on 1 April 2020; and

(b)ending on 30 September 2020.

11Insertion of new s 65A

After section 65—
insert—

65A Moratorium on annual rent payable for authorities to prospect for COVID-19 emergency

(1)Subsection (2) applies in relation to annual rent payable under the 2004 Act, section 75 for an authority to prospect if the rent is payable during the moratorium period.

(2)For the 2004 Act, section 75(1)(b), the amount of annual rent payable is 0.

(3)Subsection (4) applies in relation to annual rent payable under the 1923 Act, section 74N for an authority to prospect if the rent is payable during the moratorium period.

(4)For the 1923 Act, section 74N(1)(b), the amount of annual rent payable is 0.

(5)Subsections (2) and (4) apply despite section 65.

(6)This section expires on 30 September 2020.

(7)In this section—

moratorium period means the period—

(a)starting on 1 April 2020; and

(b)ending on 30 September 2020.

12Expiry

This regulation expires on 31 December 2020.