{"id":"nsw:sl-2024-0439","name":"Explosives Regulation 2024","slug":"explosives-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"439 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174108,"registerId":"nsw-sl-2024-0439-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Explosives Regulation 2024](/view/html/inforce/current/sl-2024-0439).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Explosives Regulation 2013](/view/html/repealed/current/sl-2013-0476), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).\n> \n> **s 2:** Am 2025 No 48, Sch 2.5.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> The dictionary in Schedule 5 defines words used in this regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Regulatory authority for mining workplaces—the Act s 4","content":"#### 4 Regulatory authority for mining workplaces—the Act s 4\n\n4 Regulatory authority for mining workplaces—the Act s 4\n\n> For the Act, section 4(2), the mining workplace regulator is declared to be the regulatory authority for mining workplaces, but only for the following—\n> \n> > (a) examination and inspection of explosives or explosive precursors,\n> \n> > (b) notification under sections 81 and 82,\n> \n> > (c) appointment of inspectors,\n> \n> > (d) investigation of the breach of—\n> > \n> > > (i) the Act, or\n> > \n> > > (ii) this regulation, or\n> > \n> > > (iii) a licence condition.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Persons to cooperate to discharge duties—the Act, s 36","content":"#### 5 Persons to cooperate to discharge duties—the Act, s 36\n\n5 Persons to cooperate to discharge duties—the Act, s 36\n\n> For the Act, section 36(1), if more than 1 person has a duty in relation to the same matter each person with the duty must, so far as is reasonably practicable, consult, cooperate and coordinate activities with each other person with the duty.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Authorised explosives","content":"# Part 2 Authorised explosives\n\nPart 2 Authorised explosives","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Register of explosives—the Act, s 9D","content":"#### 6 Register of explosives—the Act, s 9D\n\n6 Register of explosives—the Act, s 9D\n\n> The register of explosives must, on and from 1 July 2025, be published on the regulatory authority’s website.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Notice of cancellation of registration—the Act, s 9F(2)(a)","content":"#### 7 Notice of cancellation of registration—the Act, s 9F(2)(a)\n\n7 Notice of cancellation of registration—the Act, s 9F(2)(a)\n\n> Notice of the cancellation of the registration of an explosive must be published on the website of the regulatory authority for a minimum of 12 months.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Unauthorised explosives not to be handled—the Act, s 36(2)(iab)","content":"#### 8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)\n\n8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)\n\n> > (1) A person must not handle an explosive that is not an authorised explosive.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) A person must not falsely represent an explosive as being a authorised explosive.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)","content":"#### 9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)\n\n9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)\n\n> > (1) A person must not use, modify, or attempt to use or modify, an explosive to produce an explosive effect for which the explosive was not designed.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) A person who handles, uses or modifies an explosive does not commit an offence under this section or section 8 if the person—\n> > \n> > > (a) is authorised to handle the explosive by a licence to manufacture, and\n> > \n> > > (b) handles, uses or modifies the explosive—\n> > > \n> > > > (i) during a research and development project during the permitted period of the project, and\n> > > \n> > > > (ii) in accordance with the requirements applying under hazard division 1.1, and approved by the regulatory authority for the project, and\n> > \n> > > (c) intends to apply for authorisation for the new or modified explosive resulting from the research and development project.\n> \n> > (3) Subsection (2) does not apply to explosives that are goods too dangerous to be transported, within the meaning of the ADG Code or the Australian Explosives Code.\n> \n> > (4) To avoid doubt, a person who develops or modifies an explosive in accordance with this section—\n> > \n> > > (a) may handle a new or modified explosive resulting from the research and development project, and\n> > \n> > > (b) must not supply the new or modified explosive to another person.\n> \n> > (5) In this section—\n> > \n> > permitted period, for a research and development project, means—\n> > \n> > > (a) a period of 6 months, or\n> > \n> > > (b) a longer period approved by the regulatory authority for the project.\n> > \n> > research and development project means a project carried out for the purpose of testing and developing an explosive that is a new explosive, or a modified version of an existing explosive.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Security clearances and licences","content":"# Part 3 Security clearances and licences\n\nPart 3 Security clearances and licences\n\nNote—\n\nThe Act, section 12 applies the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), Part 2, except section 10, to an application for a licence.","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Circumstances in which security clearance must be held—the Act, s 6A","content":"#### 10 Circumstances in which security clearance must be held—the Act, s 6A\n\n10 Circumstances in which security clearance must be held—the Act, s 6A\n\n> An individual who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a security clearance that is in force.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Circumstances in which licence must be held—the Act, s 6","content":"#### 11 Circumstances in which licence must be held—the Act, s 6\n\n11 Circumstances in which licence must be held—the Act, s 6\n\n> A person who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a licence authorising the person to handle the explosives or explosive precursors.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Explosives and explosive precursors covered by licence—the Act, s 6","content":"#### 12 Explosives and explosive precursors covered by licence—the Act, s 6\n\n12 Explosives and explosive precursors covered by licence—the Act, s 6\n\n> > (1) A licence authorises the handling of the explosives or explosive precursors specified in the licence.\n> \n> > (2) If the licence specifies the maximum quantity of an explosive or explosive precursor that may be handled under the licence, a person acting under the authority of the licence must not handle more than the specified maximum quantity.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Premises covered by licence—the Act, s 6","content":"#### 13 Premises covered by licence—the Act, s 6\n\n13 Premises covered by licence—the Act, s 6\n\n> A licence expressed to apply to specific premises authorises the handling of explosives or explosive precursors only at, or in connection with, the specified premises.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Activities permitted by licence—the Act, s19","content":"#### 14 Activities permitted by licence—the Act, s19\n\n14 Activities permitted by licence—the Act, s19\n\n> The activities that may be authorised to be carried out under each type of licence are the activities specified in Schedule 1 for the type of licence.","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Additional eligibility requirements for specific licences—the Act, s 16AC","content":"## Division 2 Additional eligibility requirements for specific licences—the Act, s 16AC\n\nDivision 2 Additional eligibility requirements for specific licences—the Act, s 16AC","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Blasting explosives user’s licence","content":"#### 15 Blasting explosives user’s licence\n\n15 Blasting explosives user’s licence\n\n> > (1) An applicant for a blasting explosives user’s licence must—\n> > \n> > > (a) be an individual, and\n> > \n> > > (b) have the qualifications and have passed the examinations and practical tests the regulatory authority considers to be necessary for the applicant to safely undertake the work for which the licence is required, and\n> > \n> > > (c) have been examined by a medical practitioner and certified to not have a medical of physical condition that impairs the applicant’s ability to safely undertake the work for which the licence is required.\n> \n> > (2) A medical examination for subsection (1)(c) must occur—\n> > \n> > > (a) within 6 months before the applicant first applies for a licence, and\n> > \n> > > (b) at least once every 5 years after the previous examination.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Fireworks, single use, licence","content":"#### 16 Fireworks, single use, licence\n\n16 Fireworks, single use, licence\n\n> An applicant for a fireworks, single use, licence must—\n> \n> > (a) be an individual, and\n> \n> > (b) have completed training, or otherwise demonstrated competence in the use of display fireworks, that the regulatory authority considers to be satisfactory for the applicant to safely use the fireworks, and\n> \n> > (c) be a fit and proper person.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Licence to use security sensitive dangerous substances","content":"#### 17 Licence to use security sensitive dangerous substances\n\n17 Licence to use security sensitive dangerous substances\n\n> > (1) An applicant for a licence to use security sensitive dangerous substances must satisfy the regulatory authority that the applicant intends to use security sensitive dangerous substances for legitimate purposes.\n> \n> > (2) Legitimate purposes for the use of security sensitive ammonium nitrate include the following—\n> > \n> > > (a) commercial production processes, including production of fertiliser or explosives,\n> > \n> > > (b) mining, quarrying and agricultural blasting,\n> > \n> > > (c) construction,\n> > \n> > > (d) civil engineering,\n> > \n> > > (e) seismic work,\n> > \n> > > (f) tunnelling,\n> > \n> > > (g) commercial agricultural use by primary producers,\n> > \n> > > (h) education, research or analysis.\n> \n> > (3) The following are not legitimate purposes for the use of security sensitive ammonium nitrate—\n> > \n> > > (a) household domestic use,\n> > \n> > > (b) use as a fertiliser on recreation facilities including on parks, golf courses and sports fields.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Pyrotechnician’s licence","content":"#### 18 Pyrotechnician’s licence\n\n18 Pyrotechnician’s licence\n\n> An applicant for a pyrotechnician’s licence must—\n> \n> > (a) be an individual, and\n> \n> > (b) have completed training, or otherwise demonstrated competence in the use of display fireworks, that the regulatory authority considers to be satisfactory for the applicant to safely use the fireworks.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Suspension and cancellation","content":"## Division 3 Suspension and cancellation\n\nDivision 3 Suspension and cancellation","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Suspension generally—the Act, ss 19 and 19A","content":"#### 19 Suspension generally—the Act, ss 19 and 19A\n\n19 Suspension generally—the Act, ss 19 and 19A\n\n> Suspension of a security clearance or a licence takes effect on—\n> \n> > (a) the day the regulatory authority gives written notice of the suspension to the holder of the security clearance or licence, or\n> \n> > (b) the later date specified in the notice.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)","content":"#### 20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)\n\n20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)\n\n> The regulatory authority may suspend or cancel a security clearance or licence if the holder of the security clearance or licence becomes a person who is no longer eligible to be granted the security clearance or licence.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Suspension while investigating cancellation—the Act, ss 19 and 19A","content":"#### 21 Suspension while investigating cancellation—the Act, ss 19 and 19A\n\n21 Suspension while investigating cancellation—the Act, ss 19 and 19A\n\n> > (1) The regulatory authority may suspend a security clearance or a licence while conducting an investigation to determine if the security clearance or the licence should be cancelled.\n> \n> > (2) Suspension under this section—\n> > \n> > > (a) applies for the period, not longer than 28 days, specified in the notice under section 19, and\n> > \n> > > (b) may be renewed one or more times by written notice given to the holder of the security clearance or licence.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Cancellation—the Act, ss 19 and 19A","content":"#### 22 Cancellation—the Act, ss 19 and 19A\n\n22 Cancellation—the Act, ss 19 and 19A\n\n> > (1) Cancellation of a security clearance or a licence takes effect on the day the regulatory authority gives written notice of the cancellation to the holder of the security clearance or licence or a later date specified in the notice.\n> \n> > (2) The regulatory authority may direct the holder of a cancelled licence or security clearance to return the licence document or security clearance document to the regulatory authority within a specified period.\n> \n> > (3) A person must not, without reasonable excuse, fail to comply with a direction given under subsection (2).\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Notification of suspension or cancellation of security clearance—the Act, s 23A","content":"#### 23 Notification of suspension or cancellation of security clearance—the Act, s 23A\n\n23 Notification of suspension or cancellation of security clearance—the Act, s 23A\n\n> > (1) If the regulatory authority suspends or cancels a security clearance, the regulatory authority must, if practicable, notify the supervising licence holder for the security clearance of the cancellation or suspension.\n> \n> > (2) Notice under this section must be given—\n> > \n> > > (a) in writing, and\n> > \n> > > (b) within 7 days after the suspension or cancellation.\n> \n> > (3) In this section—\n> > \n> > supervising licence holder, for a security clearance, means a licence holder who employs or engages the person whose security clearance has been suspended or cancelled.","sortOrder":28},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"## Division 4 Miscellaneous\n\nDivision 4 Miscellaneous","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Conditions of licence granted to a corporation—the Act, s 16AF","content":"#### 24 Conditions of licence granted to a corporation—the Act, s 16AF\n\n24 Conditions of licence granted to a corporation—the Act, s 16AF\n\n> A licence granted to a corporation is subject to the following conditions—\n> \n> > (a) there must at all times be at least 1 responsible person for the corporation,\n> \n> > (b) a responsible person must be reasonably available to assist and advise persons handling explosives or explosive precursors under the licence,\n> \n> > (c) a responsible person must be reasonably available to assist the regulator with any inquiries relating to the handling of explosives or explosive precursors under the licence,\n> \n> > (d) within 30 days after a responsible person nominated for the corporation ceases to be involved in the management of the corporation, the corporation must notify the regulatory authority of that matter.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Nomination of responsible person","content":"#### 25 Nomination of responsible person\n\n25 Nomination of responsible person\n\n> For the Act, definition of responsible person, the nomination of a person as a responsible person must include the following—\n> \n> > (a) a copy of the person’s security clearance,\n> \n> > (b) evidence, satisfactory to the regulatory authority, that the person has the relevant knowledge, experience and qualifications to supervise the activities authorised by the licence,\n> \n> > (c) evidence the person is involved in the management of the corporation,\n> \n> > (d) evidence the person consents to the nomination.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Security plan—the Act, s 16AA","content":"#### 26 Security plan—the Act, s 16AA\n\n26 Security plan—the Act, s 16AA\n\n> A security plan must—\n> \n> > (a) be made in a form approved by the regulatory authority, and\n> \n> > (b) identify security risks relating to explosives and explosive precursors, and\n> \n> > (c) specify processes to address identified security risks and ensure the following—\n> > \n> > > (i) explosives and explosive precursors are kept securely,\n> > \n> > > (ii) explosives and explosive precursors can only be accessed by a person authorised by the security plan to have access,\n> > \n> > > (iii) the licence holder can identify when explosives or explosive precursors have been accessed and can identify unauthorised access to explosives or explosive precursors,\n> > \n> > > (iv) the receiver of explosives or explosive precursors from the licence holder can be identified and is authorised to receive the explosives or explosive precursor,\n> > \n> > > (v) sufficient records are kept to allow an inspector to assess whether the plan has been complied with, and\n> \n> > (d) contain the following—\n> > \n> > > (i) a description of explosives and explosive precursors handled under the licence,\n> > \n> > > (ii) a list of the persons who are allowed unsupervised access to the explosives or explosive precursors handled under the licence,\n> > \n> > > (iii) details of the action that will be taken to ensure the explosives or explosive precursors cannot be accessed at or removed from the place in which they are being handled or stored without the permission of the licence holder,\n> > \n> > > (iv) for a licence authorising transport of explosives or explosive precursors by vehicle—a list of the vehicles that may be used to transport the explosives or explosive precursors and the persons approved to drive those vehicles.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Safety management plan—the Act, s 16AA","content":"#### 27 Safety management plan—the Act, s 16AA\n\n27 Safety management plan—the Act, s 16AA\n\n> A safety management plan must—\n> \n> > (a) be made in a form approved by the regulatory authority, and\n> \n> > (b) contain the following—\n> > \n> > > (i) a description of how the applicant proposes to handle the explosives or explosive precursors,\n> > \n> > > (ii) an assessment of the safety risks that may arise from handling the explosives or explosive precursors and the measures that are being implemented to manage those risks.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Restoration of licence—prescribed fees","content":"#### 28 Restoration of licence—prescribed fees\n\n28 Restoration of licence—prescribed fees\n\n> For the Act, section 16A(4)(b), the prescribed fees for the restoration of a licence are specified in Schedule 4A, Part 1.\n> \n> **s 28:** Subst 2025 (301), Sch 1\\[1\\].","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exemptions","content":"# Part 4 Exemptions\n\nPart 4 Exemptions","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Staff of licence holders—the Act, s 24B","content":"#### 29 Staff of licence holders—the Act, s 24B\n\n29 Staff of licence holders—the Act, s 24B\n\n> > (1) An employee of a licence holder is not required to hold a licence to handle explosives or explosive precursors if—\n> > \n> > > (a) the employee holds a security clearance that is in force, or\n> > \n> > > (b) the employee is acting under the immediate supervision of another employee of the licence holder who holds a security clearance that is in force.\n> \n> > (2) An individual engaged by a licence holder, other than an employee, is not required to hold a licence to handle explosives or explosive precursors if—\n> > \n> > > (a) the individual is acting under the immediate supervision of an employee of the licence holder who is responsible for supervising the handling of explosives or explosive precursors (the supervisor), and\n> > \n> > > (b) either the individual or the supervisor holds a security clearance that is in force.","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Police—the Act, ss 24B and 24C","content":"#### 30 Police—the Act, ss 24B and 24C\n\n30 Police—the Act, ss 24B and 24C\n\n> > (1) A member of the NSW Police Force is not required to hold a licence or security clearance to store, at a police station, 10kg NEQ or less of explosives or explosive precursors—\n> > \n> > > (a) in connection with the prosecution of one or more offences, or\n> > \n> > > (b) in other circumstances where storage is—\n> > > \n> > > > (i) in the public interest, and\n> > > \n> > > > (ii) in anticipation of the explosive or explosive precursor product being transported to the NSW Police Rescue and Bomb Disposal Unit for disposal.\n> \n> > (2) On and from 1 July 2025, an explosive stored at a police station must be stored in a secure magazine.","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Exemptions for certain explosives—the Act, ss 24B and 24C","content":"#### 31 Exemptions for certain explosives—the Act, ss 24B and 24C\n\n31 Exemptions for certain explosives—the Act, ss 24B and 24C\n\n> > (1) A person is not required to be authorised by a licence, or to hold a security clearance, to purchase, possess, transport, store, use, sell or supply the following explosives—\n> > \n> > > (a) cartridges designed for explosive-powered tools, in a total quantity of 10,000 units or less,\n> > \n> > > (b) distress signals, in a total quantity of 10kg NEQ or less,\n> > \n> > > (c) life-saving appliances of hazard division 1.4, in a total quantity of 10kg NEQ or less,\n> > \n> > > (d) toy fireworks, in a total quantity of 1 tonne or less, inclusive of packaging.\n> \n> > (2) A person may import life-saving appliances without a licence to import.\n> \n> > (3) Subsection (1) does not apply to the handling of an explosive for a use that is not a use for which the explosive was designed.\n> \n> **s 31:** Am 2025 (301), Sch 1\\[2\\].","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Ammunition—the Act, ss 24B and 24C","content":"#### 32 Ammunition—the Act, ss 24B and 24C\n\n32 Ammunition—the Act, ss 24B and 24C\n\n> > (1) A person who is a licensed firearms dealer under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) is not required to be authorised by a licence, or to hold a security clearance, to purchase, possess, store, transport, sell or supply the following—\n> > \n> > > (a) ammunition,\n> > \n> > > (b) percussion caps,\n> > \n> > > (c) 12kg or less of propellant powder.\n> \n> > (2) A person who holds a licence or a permit under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) that authorises the person to possess or use a firearm is not required to be authorised by a licence to purchase, possess, use, store or transport the following—\n> > \n> > > (a) ammunition,\n> > \n> > > (b) percussion caps,\n> > \n> > > (c) 12kg or less of propellant powder.\n> \n> > (3) Subsection (2) does not apply to a person who only holds one or both of the following—\n> > \n> > > (a) a firearms collector licence,\n> > \n> > > (b) an heirloom permit.\n> \n> > (4) A person who holds an ammunition collection permit under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) is not required to be authorised by a licence to purchase, possess or store ammunition that is authorised to be possessed by the permit.","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Transport of ammunition and percussion caps by carriers—the Act, ss 24B and 24C","content":"#### 33 Transport of ammunition and percussion caps by carriers—the Act, ss 24B and 24C\n\n33 Transport of ammunition and percussion caps by carriers—the Act, ss 24B and 24C\n\n> > (1) This section applies to a person who is—\n> > \n> > > (a) operating the business of a carrier, or\n> > \n> > > (b) acting in the ordinary course of the person’s duties in the business of a carrier.\n> \n> > (2) A person to whom this section applies is not required to be authorised by a licence, or to hold a security clearance, to—\n> > \n> > > (a) transport ammunition or percussion caps by vehicle, and\n> > \n> > > (b) possess and store ammunition and percussion caps for the purpose of and incidental to transporting the ammunition or percussion caps.","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Transport of explosives by private road—the Act, ss 24B and 24C","content":"#### 34 Transport of explosives by private road—the Act, ss 24B and 24C\n\n34 Transport of explosives by private road—the Act, ss 24B and 24C\n\n> A person is not required to hold a licence to transport by vehicle to transport an explosive or explosive precursor by motor vehicle if—\n> \n> > (a) the motor vehicle is travelling on a private road within an explosives site, and\n> \n> > (b) the person is authorised under this regulation to possess the explosive or explosive precursor.","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Voyages outside the State—the Act, ss 24B and 24C","content":"#### 35 Voyages outside the State—the Act, ss 24B and 24C\n\n35 Voyages outside the State—the Act, ss 24B and 24C\n\n> A person is not required to be authorised by a licence to transport by vessel, or to hold a security clearance, to transport an explosive or explosive precursor by a vessel that is proceeding on an overseas or interstate voyage.","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Activities in port operational areas—the Act, ss 24B and 24C","content":"#### 36 Activities in port operational areas—the Act, ss 24B and 24C\n\n36 Activities in port operational areas—the Act, ss 24B and 24C\n\n> > (1) A person is not required to be authorised by a licence, or to hold a security clearance, to handle an explosive or explosive precursor in a port operational area under the control of a port authority.\n> \n> > (2) In this section—\n> > \n> > port authority means the following—\n> > \n> > > (a) the Port Authority of New South Wales established under the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013), Part 2,\n> > \n> > > (b) Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > port operational area means the following—\n> > \n> > > (a) the waters of a port,\n> > \n> > > (b) a ship in a port,\n> > \n> > > (c) a port facility,\n> > \n> > > (d) property in a port that is used for the handling of dangerous goods that are being moved to or from a ship.","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Use of small quantities of security sensitive ammonium nitrate—the Act, ss 24B and 24C","content":"#### 37 Use of small quantities of security sensitive ammonium nitrate—the Act, ss 24B and 24C\n\n37 Use of small quantities of security sensitive ammonium nitrate—the Act, ss 24B and 24C\n\n> A person is not required to be authorised by a licence to use security sensitive dangerous substances, or to hold a security clearance, to—\n> \n> > (a) transport 20kg or less of security sensitive ammonium nitrate, or\n> \n> > (b) handle and use security sensitive ammonium nitrate if—\n> > \n> > > (i) the handling or use is for educational, research or analytical purposes, and\n> > \n> > > (ii) the handling or use is carried out at a commercial laboratory, school, university or other research institution, and\n> > \n> > > (iii) the amount of security sensitive ammonium nitrate handled or used is 3kg or less.","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Register of exemptions—the Act, s 24F","content":"#### 38 Register of exemptions—the Act, s 24F\n\n38 Register of exemptions—the Act, s 24F\n\n> The register of exemptions granted under the Act, section 24D must include the following—\n> \n> > (a) the provision of the Act and this regulation to which the exemption applies,\n> \n> > (b) the period for which the exemption applies.","sortOrder":45},{"sectionNumber":"Part 5","sectionType":"part","heading":"Storage and transport of explosives and explosive precursors—the Act, s 36(2)","content":"# Part 5 Storage and transport of explosives and explosive precursors—the Act, s 36(2)\n\nPart 5 Storage and transport of explosives and explosive precursors—the Act, s 36(2)","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Storage or transport of different hazard division explosives together","content":"#### 39 Storage or transport of different hazard division explosives together\n\n39 Storage or transport of different hazard division explosives together\n\n> A person who stores or transports different hazard division explosives together must, for the combination of hazard divisions, comply with the storage or transport requirements determined under—\n> \n> > (a) for storage—AS 2187, or\n> \n> > (b) for transport—the Australian Explosives Code.\n> \n> Maximum penalty—250 penalty units.","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Storage of explosives","content":"#### 40 Storage of explosives\n\n40 Storage of explosives\n\n> > (1) A person must not store explosives unless—\n> > \n> > > (a) the person holds a licence authorising the storage, and\n> > \n> > > (b) the storage is in a secure magazine at premises approved for the licence, and\n> > \n> > > (c) the storage is for no longer than the maximum period, if any, specified in the licence for the type of explosive and the premises.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) Additional requirements for the storage of explosives may be imposed by licence condition.\n> \n> > (3) This section does not apply to a person who—\n> > \n> > > (a) holds a firearm licence, other than a person who only holds a firearm collector licence or an heirloom permit, for the storage of the following—\n> > > \n> > > > (i) ammunition,\n> > > \n> > > > (ii) percussion caps,\n> > > \n> > > > (iii) 12kg or less of propellant powder, or\n> > \n> > > (b) is, under this regulation, authorised to store the explosives without a licence.","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Storage of explosive precursors","content":"#### 41 Storage of explosive precursors\n\n41 Storage of explosive precursors\n\n> > (1) A person must not store explosive precursors unless—\n> > \n> > > (a) the person holds a licence authorising the storage, and\n> > \n> > > (b) the storage is in a secure store, and\n> > \n> > > (c) the storage is for no longer than the maximum period, if any, specified in the licence for the type of explosive precursor.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) Additional requirements for the storage of explosive precursors may be imposed by licence condition.\n> \n> > (3) This section does not apply to the storage of an explosive precursor by a person who is, under this regulation, authorised to store the explosive precursor without a licence.\n> \n> **s 41:** Am 2025 (301), Sch 1\\[3\\].","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Emergency management plans for storage","content":"#### 42 Emergency management plans for storage\n\n42 Emergency management plans for storage\n\n> > (1) A licence holder must have a written plan for responding to accidents and emergencies if the licence holder stores—\n> > \n> > > (a) more than 50kg NEQ of explosives, or\n> > \n> > > (b) more than 50 tonnes of explosive precursors.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) The plan must be reviewed and updated—\n> > \n> > > (a) whenever there is a significant change in—\n> > > \n> > > > (i) the licence holder’s operations, or\n> > > \n> > > > (ii) the physical environment in which the licence holder operates, and\n> > \n> > > (b) at least once every 5 years.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (3) When developing or reviewing the plan the licence holder must—\n> > \n> > > (a) consult the Commissioner of Fire and Rescue NSW and the regulatory authority, and\n> > \n> > > (b) consider written advice received from the Commissioner or the regulatory authority, and\n> > \n> > > (c) implement, so far as reasonably practicable, recommendations in advice from the Commissioner or the regulatory authority.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (4) The licence holder must ensure the following persons are aware of the details of the plan—\n> > \n> > > (a) persons who work at the premises, at which the explosives or explosive precursors are stored, and who may be exposed to risk as a result of an accident or emergency,\n> > \n> > > (b) persons in neighbouring premises who may be exposed to risk as a result of an accident or emergency.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (5) The licence holder must give a copy of the plan, including changes to the plan, to—\n> > \n> > > (a) the regulatory authority, and\n> > \n> > > (b) the following emergency services—\n> > > \n> > > > (i) in the case of premises in a rural fire district within the meaning of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065)—the Commissioner of the NSW Rural Fire Service,\n> > > \n> > > > (ii) otherwise—the Commissioner of Fire and Rescue NSW.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Supervision of explosives or explosive precursors removed from storage","content":"#### 43 Supervision of explosives or explosive precursors removed from storage\n\n43 Supervision of explosives or explosive precursors removed from storage\n\n> > (1) A licence holder must ensure that explosives removed from a secure magazine are, until used or returned to a secure magazine, kept under the direct supervision of a person who holds a security clearance that is in force.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) A licence holder must ensure that explosive precursors removed from a secure store are, until used or returned to a secure store, kept under the direct supervision of a person who holds a security clearance that is in force.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Holding explosives in vehicle","content":"#### 44 Holding explosives in vehicle\n\n44 Holding explosives in vehicle\n\n> > (1) The person in control of a vehicle being used to transport explosives must ensure the explosives are unloaded from the vehicle and stored in a secure magazine if the vehicle remains at premises for longer than—\n> > \n> > > (a) 2 consecutive business days, or\n> > \n> > > (b) if the business days are separated by a day that is not a business day—4 days.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) To avoid doubt, a vehicle that holds explosives—\n> > \n> > > (a) is taken to be transporting the explosives, and\n> > \n> > > (b) is subject to the relevant requirements of the Australian Explosives Code.","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Holding explosives in rail yards and sidings","content":"#### 45 Holding explosives in rail yards and sidings\n\n45 Holding explosives in rail yards and sidings\n\n> > (1) The person in control of a rail yard or siding in which there are one or more units of rolling stock that are being used to transport explosives, must ensure the quantity of explosives held in the rolling stock at any time does not exceed 40 tonnes NEQ.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) Explosives kept in rolling stock in a rail yard or siding must not be kept for longer than—\n> > \n> > > (a) 2 consecutive business days, or\n> > \n> > > (b) if the business days are separated by a day that is not a business day—4 days.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (3) This section does not apply to hazard division 1.4 explosives.\n> \n> > (4) In this section—\n> > \n> > rolling stock has the same meaning as in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> > \n> > siding has the same meaning as in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).","sortOrder":56},{"sectionNumber":"pt.5-div.4-sdiv.1","sectionType":"division","heading":"Transport of explosives","content":"### pt.5-div.4-sdiv.1 Transport of explosives\n\nSubdivision 1 Transport of explosives","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Definition","content":"#### 46 Definition\n\n46 Definition\n\n> In this subdivision—\n> \n> controlled explosives means hazard division 1.1, 1.2 or 1.5 explosives.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Transport of explosives generally","content":"#### 47 Transport of explosives generally\n\n47 Transport of explosives generally\n\n> > (1) A person must not transport an explosive by vehicle in a quantity greater than the maximum load limit set for the explosive by the Australian Explosives Code.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) A person must not enter into a contract, agreement or arrangement with another person by which that other person agrees to transport explosives otherwise than in accordance with the Australian Explosives Code.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Transport of explosives by public passenger vehicle","content":"#### 48 Transport of explosives by public passenger vehicle\n\n48 Transport of explosives by public passenger vehicle\n\n> > (1) A person must not transport explosives by public passenger vehicle.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) This section does not apply to the following—\n> > \n> > > (a) the transport of explosives by a police officer acting in the course of the officer’s duties,\n> > \n> > > (b) the transport of railway track signals by an officer or member of staff of a rail authority acting in the course of the officer’s or staff member’s duties, if the track signals are carried in an area of the vehicle not accessible to members of the public,\n> > \n> > > (c) the transport of ammunition by a person authorised to possess the ammunition under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), section 65,\n> > \n> > > (d) toy fireworks.\n> \n> > (3) In this section—\n> > \n> > public passenger vehicle means a vehicle or vessel used to transport members of the public.\n> > \n> > rail authority has the same meaning as in the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), Part 9.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Transport of explosives in road tunnels and on bridges","content":"#### 49 Transport of explosives in road tunnels and on bridges\n\n49 Transport of explosives in road tunnels and on bridges\n\n> > (1) In a prohibited area or on a regulated bridge, a person must not, except with the approval of the regulatory authority, use a vehicle to transport the following—\n> > \n> > > (a) a controlled explosive,\n> > \n> > > (b) a quantity of a hazard division 1.3, 1.4 or 1.6 explosive that is a placard load.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) In this section—\n> > \n> > placard load means goods in or on a motor vehicle, trailer or tanker that are required to be identified with a placard or sign under the Australian Explosives Code.\n> > \n> > prohibited area has the same meaning as in the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758), rule 300–2.\n> > \n> > regulated bridge means the following—\n> > \n> > > (a) Anzac Bridge,\n> > \n> > > (b) Gladesville Bridge,\n> > \n> > > (c) Sydney Harbour Bridge.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Transport of explosives east of the Newell Highway","content":"#### 50 Transport of explosives east of the Newell Highway\n\n50 Transport of explosives east of the Newell Highway\n\n> In the area of the State east of the Newell Highway, a person must not transport more than 10 tonnes of controlled explosives by road unless the person is authorised by licence to transport the explosive, and—\n> \n> > (a) transport is on a direct route from the Newell Highway to the following—\n> > \n> > > (i) the Hunter Valley via Merriwa,\n> > \n> > > (ii) the Port of Newcastle,\n> > \n> > > (iii) the Port of Yamba via Jackadgery,\n> > \n> > > (iv) the Woodlawn Mining District via Hay,\n> > \n> > > (v) Defence Establishment Orchard Hills,\n> > \n> > > (vi) Explosive Ordnance Depot Twofold Bay,\n> > \n> > > (vii) HMAS Albatross,\n> > \n> > > (viii) Jennings Ordnance Depot via Glen Innes and Tenterfield,\n> > \n> > > (ix) Myambat Explosive Ordnance Depot via Musswellbrook,\n> > \n> > > (x) RAAF Base Williamtown,\n> > \n> > > (xi) Singleton Military Area, or\n> \n> > (b) the regulatory authority has given approval.\n> \n> Maximum penalty—250 penalty units.","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Transport in central business districts","content":"#### 51 Transport in central business districts\n\n51 Transport in central business districts\n\n> > (1) A person using a vehicle to transport controlled explosives—\n> > \n> > > (a) must not, except with the approval of the regulatory authority, take the vehicle into a relevant central business district, and\n> > \n> > > (b) must take all reasonably practicable steps to bypass all other central business districts and main shopping areas.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) In this section—\n> > \n> > relevant central business district means a central business district in the following local government areas—\n> > \n> > > (a) City of Newcastle,\n> > \n> > > (b) City of Penrith,\n> > \n> > > (c) City of Sydney,\n> > \n> > > (d) City of Wollongong,\n> > \n> > > (e) North Sydney.\n> \n> **s 51:** Am 2025 (301), Sch 1\\[4\\].","sortOrder":64},{"sectionNumber":"pt.5-div.4-sdiv.2","sectionType":"division","heading":"Hazard management","content":"### pt.5-div.4-sdiv.2 Hazard management\n\nSubdivision 2 Hazard management","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Person transporting explosives to avoid hazards","content":"#### 52 Person transporting explosives to avoid hazards\n\n52 Person transporting explosives to avoid hazards\n\n> A person transporting an explosive by vehicle must ensure that, while the explosive is in or on the vehicle, the explosive is kept away from anything, whether in the vehicle or elsewhere, that might cause the explosive to ignite or explode.\n> \n> Maximum penalty—250 penalty units.","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Smoking prohibited on or near vehicles used to transport explosives","content":"#### 53 Smoking prohibited on or near vehicles used to transport explosives\n\n53 Smoking prohibited on or near vehicles used to transport explosives\n\n> > (1) A person must not smoke within 6m of a vehicle that—\n> > \n> > > (a) contains an explosive, and\n> > \n> > > (b) displays the signs required by the Australian Explosives Code.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) The person in charge of a vehicle carrying an explosive must take all practicable steps to ensure that no person smokes within 6m of the vehicle.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Additional requirements—licence to transport by vehicle","content":"#### 54 Additional requirements—licence to transport by vehicle\n\n54 Additional requirements—licence to transport by vehicle\n\n> > (1) The holder of a licence to transport by vehicle must ensure that each individual who is authorised by the licence holder to drive a vehicle containing an explosive or explosive precursor—\n> > \n> > > (a) complies with the requirements of the Australian Explosives Code, and\n> > \n> > > (b) is at least 21 years of age, and\n> > \n> > > (c) has sufficient training and experience to drive the vehicle, and\n> > \n> > > (d) has been examined by a medical practitioner and found not to have a medical or physical condition that impairs or is likely to impair the individual’s ability to safely control the vehicle.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) A medical examination for subsection (1)(d) must occur—\n> > \n> > > (a) within the 6 months before the first occasion on which the driver is authorised by the licence holder to drive a vehicle containing an explosive or an explosive precursor, and\n> > \n> > > (b) at least once every 5 years after the previous examination.","sortOrder":68},{"sectionNumber":"Part 6","sectionType":"part","heading":"Safety and security","content":"# Part 6 Safety and security\n\nPart 6 Safety and security","sortOrder":69},{"sectionNumber":"55","sectionType":"section","heading":"Definition","content":"#### 55 Definition\n\n55 Definition\n\n> In this division—\n> \n> relevant standard or code means—\n> \n> > (a) for an activity in relation to an explosive—\n> > \n> > > (i) AS 2187, and\n> > \n> > > (ii) the Australian Explosives Code, and\n> \n> > (b) for an activity in relation to an explosive precursor—\n> > \n> > > (i) Australian Standard AS 4326–2008, The storage and handling of oxidizing agents, as in force from time to time, and\n> > \n> > > (ii) the ADG Code.","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Duty to comply with certain standards or codes","content":"#### 56 Duty to comply with certain standards or codes\n\n56 Duty to comply with certain standards or codes\n\n> > (1) A person who carries out an activity covered by a relevant standard or code must carry out the activity in accordance with the relevant standard or code.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) In this section—\n> > \n> > carry out an activity includes agreeing or arranging for another person to carry out the activity.","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Application of standards or codes","content":"#### 57 Application of standards or codes\n\n57 Application of standards or codes\n\n> > (1) If a relevant standard or code imposes a duty but does not clearly indicate the person, or class of persons, responsible for the duty, the duty must be observed or discharged by the person undertaking the activity.\n> \n> > (2) If a duty is placed on more than 1 person, or on a class of persons, the duty must be observed or discharged by each person, or each person in the class—\n> > \n> > > (a) only in relation to the matters for which the person has management or control, and\n> > \n> > > (b) whether or not another person is also responsible for undertaking the duty.\n> \n> > (3) A provision of this regulation prevails over an inconsistent provision of a relevant standard or code.","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Duty to ensure others comply with Australian Explosives Code","content":"#### 58 Duty to ensure others comply with Australian Explosives Code\n\n58 Duty to ensure others comply with Australian Explosives Code\n\n> > (1) A licence holder or transport supervisor must ensure that a person who is employed by, engaged by or otherwise involved in the transport of an explosive for the licence holder or transport supervisor—\n> > \n> > > (a) is trained in the relevant requirements of the Australian Explosives Code, and\n> > \n> > > (b) as far as is practicable, complies with the Australian Explosives Code.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) In this section—\n> > \n> > transport supervisor means a person who, in accordance with an exemption under the Act or this regulation, manages or supervises the transport of explosives.","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Compliance with security plan","content":"#### 59 Compliance with security plan\n\n59 Compliance with security plan\n\n> A licence holder must ensure that—\n> \n> > (a) the requirements of, and procedures specified in, the licence holder’s security plan are observed, and\n> \n> > (b) activities under the licence are undertaken in accordance with the security plan.\n> \n> Maximum penalty—250 penalty units.","sortOrder":76},{"sectionNumber":"60","sectionType":"section","heading":"Access to explosives only in accordance with security plan","content":"#### 60 Access to explosives only in accordance with security plan\n\n60 Access to explosives only in accordance with security plan\n\n> > (1) An individual must not access an explosive or explosive precursor under a licence for which a licence holder has submitted a security plan unless—\n> > \n> > > (a) the individual holds a licence that authorises the individual to handle the explosive or explosive precursor, or\n> > \n> > > (b) the individual—\n> > > \n> > > > (i) holds a security clearance that is in force, and\n> > > \n> > > > (ii) is listed on the security plan as a person authorised to have access to the explosive or explosive precursor, or\n> > \n> > > (c) is directly supervised by—\n> > > \n> > > > (i) the licence holder, or\n> > > \n> > > > (ii) for a licence held by a corporation—a responsible person for the corporation, or\n> > > \n> > > > (iii) an employee of the licence holder who holds a security clearance that is in force.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) For this section, a person has access to an explosive or explosive precursor if the person has access to—\n> > \n> > > (a) the secure magazine or secure store in which the explosives or explosive precursors are stored, or\n> > \n> > > (b) the keys, codes or other devices used to unlock a secure magazine or secure store in which the explosives or explosive precursors are stored.","sortOrder":77},{"sectionNumber":"61","sectionType":"section","heading":"Compliance with safety management plan","content":"#### 61 Compliance with safety management plan\n\n61 Compliance with safety management plan\n\n> A licence holder must ensure that—\n> \n> > (a) the requirements of, and procedures specified in, the licence holder’s safety management plan are observed, and\n> \n> > (b) activities under the licence are undertaken in accordance with the safety management plan.\n> \n> Maximum penalty—250 penalty units.","sortOrder":78},{"sectionNumber":"62","sectionType":"section","heading":"Packaging and marking","content":"#### 62 Packaging and marking\n\n62 Packaging and marking\n\n> > (1) A person who holds a licence to manufacture must ensure that—\n> > \n> > > (a) before an explosive is used by the manufacturer or supplied to another person, it is packaged and marked in accordance with the Australian Explosives Code, and\n> > \n> > > (b) before an explosive precursor is used by the manufacturer or supplied to another person, it is packaged and marked in accordance with the ADG Code.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) a blasting explosive manufactured at the premises or place at which it is about to be used, or\n> > \n> > > (b) another explosive for use at the premises or place where it was manufactured, but only if the containers in which the explosive is kept are clearly and conspicuously marked with the product name and classification code of the explosive, or\n> > \n> > > (c) bulk explosives being transported in compliance with the Australian Explosives Code.","sortOrder":80},{"sectionNumber":"63","sectionType":"section","heading":"Definitions","content":"#### 63 Definitions\n\n63 Definitions\n\n> In this division—\n> \n> corresponding law means a law of another State or Territory serving substantially the same purpose as the Act.\n> \n> receiver—see section 65(1).","sortOrder":82},{"sectionNumber":"64","sectionType":"section","heading":"Packaging and marking","content":"#### 64 Packaging and marking\n\n64 Packaging and marking\n\n> > (1) A person must not import, supply, store or transport an explosive or explosive precursor unless it is packaged and marked in accordance with—\n> > \n> > > (a) for an explosive—the Australian Explosives Code, and\n> > \n> > > (b) for an explosive precursor—the ADG Code.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) This section does not apply to explosives or explosive precursors that are—\n> > \n> > > (a) bulk explosives being transported in compliance with the Australian Explosives Code, or\n> > \n> > > (b) ammunition, distress signals or cartridges designed for explosive-powered tools—\n> > > \n> > > > (i) weighing no more than 5kg in total, and\n> > > \n> > > > (ii) stored or transported by a person for the person’s own use.\n> \n> > (3) This section does not prevent the transport of an imported explosive or explosive precursor from an airport or wharf to a place specified in a licence in order to package and mark or label the explosive or explosive precursor in accordance with the Australian Explosives Code or ADG Code.\n> \n> > (4) This section does not apply to storage or transport of an explosive by the following—\n> > \n> > > (a) an inspector or authorised officer carrying out the inspector’s or officer’s duties,\n> > \n> > > (b) a police officer carrying out the officer’s duties,\n> > \n> > > (c) an officer of an emergency service carrying out the officer’s duties.\n> \n> > (5) In this section—\n> > \n> > emergency service has the meaning given by the Act, Schedule 2, clause 2.\n> \n> **s 64:** Am 2025 (301), Sch 1\\[5\\].","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Explosives to be supplied only to persons authorised to receive explosives","content":"#### 65 Explosives to be supplied only to persons authorised to receive explosives\n\n65 Explosives to be supplied only to persons authorised to receive explosives\n\n> > (1) An authorised supplier who supplies an explosive or explosive precursor to another person (the receiver) must obtain the following—\n> > \n> > > (a) if the receiver is an individual—proof of the receiver’s identity,\n> > \n> > > (b) if the receiver is a corporation—proof of identity of an officer of the corporation who is authorised to handle the explosive or explosive precursor,\n> > \n> > > (c) evidence that—\n> > > \n> > > > (i) the receiver is authorised by a licence, or otherwise authorised under a corresponding law, to possess the explosive or explosive precursor in the quantity supplied, or\n> > > \n> > > > (ii) the receiver is not required to be authorised by a licence to possess the explosive or explosive precursor, or\n> > > \n> > > > (iii) the explosive or explosive precursor is to be delivered to the receiver outside Australia.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) For subsection (1) proof of identity may be given by—\n> > \n> > > (a) the following documents issued in Australia—\n> > > \n> > > > (i) a driver licence displaying a photograph of the holder,\n> > > \n> > > > (ii) a passport,\n> > > \n> > > > (iii) a Photo Card issued under the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020),\n> > > \n> > > > (iv) a card for proving a person’s age that—\n> > > > \n> > > > > (A) is issued under a law of the Commonwealth or another State or Territory, and\n> > > > \n> > > > > (B) displays a photograph of the holder, or\n> > \n> > > (b) an equivalent document issued by a government authority in another country, or\n> > \n> > > (c) another document approved by the regulatory authority for this section.\n> \n> > (3) If supply is by consignment, the authorised supplier must also—\n> > \n> > > (a) give the receiver a notice setting out a description of, and the quantity of, the explosives or explosive precursors supplied, and\n> > \n> > > (b) have received from the receiver confirmation that the receiver will be prepared to receive the explosives or explosive precursors on a specified day or within a specified period, and\n> > \n> > > (c) send the explosives or explosive precursors at a time and in a way that, in the ordinary course of transport, the receiver will receive them on the specified day or within the specified period, and\n> > \n> > > (d) send the consignment with a person who holds a licence to transport by vehicle.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (4) Subsection (3)(d) does not apply to the supply of explosives or explosive precursors of a kind or in a quantity that may, under this regulation, be transported by a person who does not hold a licence to transport by vehicle or a licence to transport by vessel.\n> \n> **s 65:** Am 2025 (301), Sch 1\\[6\\] \\[7\\].","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Supplier to make record of supply","content":"#### 66 Supplier to make record of supply\n\n66 Supplier to make record of supply\n\n> > (1) An authorised supplier must make a record of each supply of an explosive or explosive precursor in accordance with this section.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The record must include the following information—\n> > \n> > > (a) the date of supply,\n> > \n> > > (b) the type and quantity of the explosive or explosive precursor supplied,\n> > \n> > > (c) the name, address and telephone number of the receiver,\n> > \n> > > (d) details of—\n> > > \n> > > > (i) the receiver’s licence or authority under the Act or a corresponding law to possess the explosive or explosive precursor, or\n> > > \n> > > > (ii) the basis on which the receiver is not required to be authorised by licence to possess the explosive or explosive precursor,\n> > \n> > > (e) if the explosive or explosive precursor is to be stored by a person other than the receiver—the name, address and telephone number of the person who will store the explosive or explosive precursor.","sortOrder":85},{"sectionNumber":"67","sectionType":"section","heading":"Retention and disclosure of records","content":"#### 67 Retention and disclosure of records\n\n67 Retention and disclosure of records\n\n> > (1) A person required to make a record under section 66 must keep the record for at least 5 years after the record is made.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A record must be made available for examination at the direction of an inspector or police officer as soon as practicable, but not more than 7 days, after the direction is given.\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":86},{"sectionNumber":"68","sectionType":"section","heading":"Supply of distress signals, explosive-powered tool cartridges or ammunition","content":"#### 68 Supply of distress signals, explosive-powered tool cartridges or ammunition\n\n68 Supply of distress signals, explosive-powered tool cartridges or ammunition\n\n> > (1) A person must not supply ammunition, a distress signal, a cartridge designed for an explosive-powered tool or a railway track signal unless the person is satisfied that the receiver is—\n> > \n> > > (a) a legitimate user of the relevant explosive, and\n> > \n> > > (b) if the receiver is an individual—at least 18 years of age.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) In this section—\n> > \n> > legitimate user means the following—\n> > \n> > > (a) for ammunition—a firearm licence or permit holder, other than a person who only holds one or both of the following—\n> > > \n> > > > (i) a firearm collector licence,\n> > > \n> > > > (ii) an heirloom permit,\n> > \n> > > (b) for a distress signal—a person who—\n> > > \n> > > > (i) intends to use the distress signal as a safety device on a vessel, or\n> > > \n> > > > (ii) holds a pyrotechnician’s licence and is authorised to use a distress signal under the licence,\n> > \n> > > (c) for a cartridge designed for an explosive-powered tool—a person who intends to use the cartridge with an explosive-powered tool,\n> > \n> > > (d) for a railway track signal—a person who intends to use the railway track signal as a warning signal in connection with railway work,\n> > \n> > > (e) a person who holds a licence to supply the relevant explosive.\n> \n> **s 68:** Am 2025 (301), Sch 1\\[8\\] \\[9\\].","sortOrder":87},{"sectionNumber":"Division 5","sectionType":"division","heading":"Import and export—the Act, s 36(2)(a)(iia)","content":"## Division 5 Import and export—the Act, s 36(2)(a)(iia)\n\nDivision 5 Import and export—the Act, s 36(2)(a)(iia)","sortOrder":88},{"sectionNumber":"69","sectionType":"section","heading":"Import of explosives and explosive precursors","content":"#### 69 Import of explosives and explosive precursors\n\n69 Import of explosives and explosive precursors\n\n> > (1) A person who holds a licence authorising the person to import explosives or explosive precursors must not import an explosive or explosive precursor unless the person has given the regulatory authority written notice of the following—\n> > \n> > > (a) the licence holder’s name and licence number,\n> > \n> > > (b) the date the licence holder intends to bring the explosive or explosive precursor into the State,\n> > \n> > > (c) the identification of the vessel or aircraft that will be used to bring the explosive or explosive precursor into the State,\n> > \n> > > (d) the port, facility or airport at which the explosive or explosive precursor will be brought into the State,\n> > \n> > > (e) the following details of the explosive or explosive precursor—\n> > > \n> > > > (i) name and classification code,\n> > > \n> > > > (ii) quantity,\n> > \n> > > (f) if the explosive or explosive precursor is to be delivered to another person—the other person’s name, address and telephone number,\n> > \n> > > (g) the address at which the explosive or explosive precursor will be stored.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) A notice must be given—\n> > \n> > > (a) on each occasion that an explosive or explosive precursor is imported, and\n> > \n> > > (b) no later than 5 business days before the day on which the explosive or explosive precursor is to be imported.\n> \n> > (3) If the licence holder becomes aware that information given in a notice is no longer accurate, the licence holder must, as soon as practicable, give the regulatory authority notice of the relevant change of information.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":"Transport of imported explosives or explosive precursors","content":"#### 70 Transport of imported explosives or explosive precursors\n\n70 Transport of imported explosives or explosive precursors\n\n> A person must not transport an explosive or explosive precursor from the port, facility or airport at which it is imported without the written approval of the regulatory authority.\n> \n> Maximum penalty—250 penalty units.","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Export of explosives and explosive precursors","content":"#### 71 Export of explosives and explosive precursors\n\n71 Export of explosives and explosive precursors\n\n> > (1) A person who holds a licence authorising the person to export explosives or explosive precursors must not export an explosive or explosive precursor unless the supplier has given the regulatory authority written notice of the following—\n> > \n> > > (a) the person’s name and licence number,\n> > \n> > > (b) the intended date of export of the explosive or explosive precursor,\n> > \n> > > (c) the port, facility or airport from which the explosive or explosive precursor is to be exported,\n> > \n> > > (d) the following details of the explosive or explosive precursor—\n> > > \n> > > > (i) name and classification code,\n> > > \n> > > > (ii) quantity,\n> > \n> > > (e) the name, address and telephone number of the person to whom the explosive or explosive precursor is being supplied.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A notice must be given—\n> > \n> > > (a) on each occasion that an explosive or explosive precursor is exported, and\n> > \n> > > (b) no later than 5 business days before the day on which the explosive or explosive precursor is to be exported.\n> \n> > (3) If the licence holder becomes aware that information given in a notice is no longer accurate, the licence holder must, as soon as practicable, give the regulatory authority notice of the relevant change of information.\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":91},{"sectionNumber":"Division 6","sectionType":"division","heading":"Use of explosives—the Act, s 36(2)(a)(iia)","content":"## Division 6 Use of explosives—the Act, s 36(2)(a)(iia)\n\nDivision 6 Use of explosives—the Act, s 36(2)(a)(iia)","sortOrder":92},{"sectionNumber":"72","sectionType":"section","heading":"Setting of explosives","content":"#### 72 Setting of explosives\n\n72 Setting of explosives\n\n> > (1) A person responsible for setting an explosive to explode must not leave the explosive unsupervised until—\n> > \n> > > (a) it has exploded, or\n> > \n> > > (b) it has otherwise been destroyed or rendered harmless.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) Subsection (1) extends to an explosive that has failed to fire or has misfired.\n> \n> > (3) This section does not apply to an explosive set to explode at a place in connection with mining operations while the explosive remains at the place.\n> \n> > (4) In this section—\n> > \n> > mining operations has the same meaning as in the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054).","sortOrder":93},{"sectionNumber":"73","sectionType":"section","heading":"Directions from inspectors relating to explosives that have been set","content":"#### 73 Directions from inspectors relating to explosives that have been set\n\n73 Directions from inspectors relating to explosives that have been set\n\n> > (1) An inspector may direct a person responsible for setting an explosive to explode to—\n> > \n> > > (a) cause the explosive to explode, or\n> > \n> > > (b) otherwise destroy, render harmless or dispose of the explosive.\n> \n> > (2) A direction may only be given to the following—\n> > \n> > > (a) a licence holder,\n> > \n> > > (b) an employee, contractor or other person engaged, or apparently engaged, by a licence holder,\n> > \n> > > (c) a person the inspector reasonably suspects to be engaged in activities regulated under the Act or this regulation.\n> \n> > (3) This section extends to an explosive that has failed to fire or has misfired.\n> \n> > (4) A person must not fail to comply with an inspector’s direction.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":94},{"sectionNumber":"74","sectionType":"section","heading":"Storage of explosives prepared for use","content":"#### 74 Storage of explosives prepared for use\n\n74 Storage of explosives prepared for use\n\n> > (1) This section applies to the following licences—\n> > \n> > > (a) blasting explosives user’s licence,\n> > \n> > > (b) fireworks, single use, licence,\n> > \n> > > (c) pyrotechnician’s licence.\n> \n> > (2) A licence holder must ensure that an explosive not used or loaded into a blast hole on the day it is prepared for use is—\n> > \n> > > (a) kept in closed, clean, secure containers or packaging conspicuously labelled “EXPLOSIVES”, and\n> > \n> > > (b) stored in a secure magazine, and\n> > \n> > > (c) used as soon as practicable.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":95},{"sectionNumber":"75","sectionType":"section","heading":"Improper use of distress signal","content":"#### 75 Improper use of distress signal\n\n75 Improper use of distress signal\n\n> > (1) A person must not use a distress signal for a purpose other than as a distress signal.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) Subsection (1) does not apply to the holder of a pyrotechnician’s licence if the licence authorises the use of a distress signal for another purpose.","sortOrder":96},{"sectionNumber":"Division 7","sectionType":"division","heading":"Disposal of explosives—the Act, s 30A","content":"## Division 7 Disposal of explosives—the Act, s 30A\n\nDivision 7 Disposal of explosives—the Act, s 30A","sortOrder":97},{"sectionNumber":"76","sectionType":"section","heading":"Disposal under blasting explosives user’s licence","content":"#### 76 Disposal under blasting explosives user’s licence\n\n76 Disposal under blasting explosives user’s licence\n\n> > (1) This section applies to disposal of explosives by—\n> > \n> > > (a) the holder of a blasting explosives user’s licence, or\n> > \n> > > (b) a person acting under the immediate supervision of the holder of a blasting explosives user’s licence.\n> \n> > (2) An explosive may be disposed of if—\n> > \n> > > (a) the blasting explosives user’s licence authorises the use of the explosive being disposed of, and\n> > \n> > > (b) the explosive is surplus stock that was not used on the day it was prepared for use, and\n> > \n> > > (c) the explosive is disposed of in accordance with AS 2187.\n> \n> > (3) A licence holder must not, under this section, dispose of an explosive for fee or reward.","sortOrder":98},{"sectionNumber":"77","sectionType":"section","heading":"Disposal under licence to manufacture","content":"#### 77 Disposal under licence to manufacture\n\n77 Disposal under licence to manufacture\n\n> The holder of a licence to manufacture, or a person employed or engaged by the holder and who is authorised under section 29 to handle the explosive, may dispose of an explosive if—\n> \n> > (a) the licence authorises the handling of the explosive being disposed of, and\n> \n> > (b) the explosive is disposed of in accordance with the licence holder’s safety management plan.","sortOrder":99},{"sectionNumber":"78","sectionType":"section","heading":"Disposal generally","content":"#### 78 Disposal generally\n\n78 Disposal generally\n\n> > (1) A licence holder may dispose of an explosive by returning the explosive to the original supplier, with the consent of the supplier.\n> \n> > (2) In this section—\n> > \n> > original supplier means the holder of a licence to supply from whom the explosive was obtained.","sortOrder":100},{"sectionNumber":"79","sectionType":"section","heading":"Explosives not to be abandoned or discarded","content":"#### 79 Explosives not to be abandoned or discarded\n\n79 Explosives not to be abandoned or discarded\n\n> A person must not abandon, bury or otherwise discard an explosive.\n> \n> Maximum penalty—350 penalty units.","sortOrder":101},{"sectionNumber":"Division 8","sectionType":"division","heading":"Notification of incidents—the Act, s 36(2)(a)(iia)","content":"## Division 8 Notification of incidents—the Act, s 36(2)(a)(iia)\n\nDivision 8 Notification of incidents—the Act, s 36(2)(a)(iia)","sortOrder":102},{"sectionNumber":"80","sectionType":"section","heading":"Definitions","content":"#### 80 Definitions\n\n80 Definitions\n\n> In this division—\n> \n> harbour master means a person appointed or acting as harbour master under the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> \n> responsible notifier means the following—\n> \n> > (a) a licence holder,\n> \n> > (b) the officer in charge of a police station at which explosives are stored under section 30,\n> \n> > (c) a person who, under section 32, 33 or 37, is not required to be authorised by a licence.\n> \n> serious incident means an incident resulting in—\n> \n> > (a) an uncontrolled explosion or fire, or\n> \n> > (b) the death of, or serious injury to, a person, or\n> \n> > (c) substantial unintended damage to property, or\n> \n> > (d) risk of an event referred to in paragraphs (a)–(c).","sortOrder":103},{"sectionNumber":"81","sectionType":"section","heading":"Notification of loss or theft of explosives or explosive precursors","content":"#### 81 Notification of loss or theft of explosives or explosive precursors\n\n81 Notification of loss or theft of explosives or explosive precursors\n\n> > (1) A responsible notifier must immediately notify each relevant authority of the following events—\n> > \n> > > (a) the theft of an explosive or explosive precursor from the responsible notifier,\n> > \n> > > (b) an attempt to steal an explosive or explosive precursor from the responsible notifier,\n> > \n> > > (c) a suspicious incident that threatens the security of an explosive or explosive precursor in the possession, custody or control of the responsible notifier,\n> > \n> > > (d) the loss of an explosive or explosive precursor by the responsible notifier.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) The harbour master responsible for a port must notify the regulatory authority of the following events occurring in the port—\n> > \n> > > (a) the theft or attempted theft of an explosive or explosive precursor,\n> > \n> > > (b) a suspicious incident that threatens the security of an explosive or explosive precursor,\n> > \n> > > (c) the loss of an explosive or explosive precursor.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (3) In this section—\n> > \n> > relevant authority means the following—\n> > \n> > > (a) the regulatory authority,\n> > \n> > > (b) a police officer,\n> > \n> > > (c) if the explosive or explosive precursor is located at a mining workplace—the mining workplace regulator.","sortOrder":104},{"sectionNumber":"82","sectionType":"section","heading":"Notification of serious incidents involving explosives or explosive precursors","content":"#### 82 Notification of serious incidents involving explosives or explosive precursors\n\n82 Notification of serious incidents involving explosives or explosive precursors\n\n> > (1) A responsible notifier must give notice of a serious incident relating to the handling of an explosive or explosive precursor in the possession, custody or control of the responsible notifier to—\n> > \n> > > (a) if the incident occurred at a mining workplace—the mining workplace regulator, or\n> > \n> > > (b) otherwise—the regulatory authority.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) The harbour master responsible for a port must notify the regulatory authority of a serious incident relating to the handling of an explosive or explosive precursor in the port.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (3) Notice of a serious incident must—\n> > \n> > > (a) be given immediately after the responsible notifier becomes aware of the incident, and\n> > \n> > > (b) be given—\n> > > \n> > > > (i) by electronic communication in a way approved by the regulatory authority or the mining workplace regulator, containing full particulars of the incident, including the particulars of a death, injury or unintended damage to property arising from the incident, or\n> > > \n> > > > (ii) by telephone to the regulatory authority or mining workplace regulator, giving the information requested by the regulatory authority or mining workplace regulator.\n> \n> > (4) A responsible notifier is not required to give notice under this section if—\n> > \n> > > (a) the incident has been notified as a notifiable incident under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), and\n> > \n> > > (b) that notification is consistent with subsection (3).\n> \n> **s 82:** Am 2025 (301), Sch 1\\[10\\].","sortOrder":105},{"sectionNumber":"83","sectionType":"section","heading":"Preservation of site following serious incident","content":"#### 83 Preservation of site following serious incident\n\n83 Preservation of site following serious incident\n\n> > (1) The responsible notifier who gives notice of a serious incident under section 82 must ensure that the following areas are not used, interfered with or disturbed for a period of 36 hours after notice is given—\n> > \n> > > (a) the area within a radius of 4m of the place where the serious incident occurred,\n> > \n> > > (b) the area within a radius of 4m of a place affected by the serious incident.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) This section does not prevent taking action—\n> > \n> > > (a) to help or remove a trapped or injured person, or\n> > \n> > > (b) to remove a body, or\n> > \n> > > (c) to avoid injury to a person or damage to property, or\n> > \n> > > (d) for a police investigation, or\n> > \n> > > (e) as authorised or directed by an inspector.\n> \n> > (3) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 36 does not apply to this section.","sortOrder":106},{"sectionNumber":"Division 9","sectionType":"division","heading":"Miscellaneous—the Act, s 36(2)(a)(iia)","content":"## Division 9 Miscellaneous—the Act, s 36(2)(a)(iia)\n\nDivision 9 Miscellaneous—the Act, s 36(2)(a)(iia)","sortOrder":107},{"sectionNumber":"84","sectionType":"section","heading":"Access to explosives or explosive precursors by unauthorised persons","content":"#### 84 Access to explosives or explosive precursors by unauthorised persons\n\n84 Access to explosives or explosive precursors by unauthorised persons\n\n> > (1) A licence holder must not allow an individual who does not hold a security clearance that is in force to have access to an explosive or explosive precursor unless supervised by—\n> > \n> > > (a) the licence holder, or\n> > \n> > > (b) for a licence held by a corporation—a responsible person for the corporation, or\n> > \n> > > (c) an employee of the licence holder who holds a security clearance that is in force.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) For this section, a person has access to an explosive or explosive precursor if the person has access to—\n> > \n> > > (a) the secure magazine or secure store in which the explosive or explosive precursor is stored,\n> > \n> > > (b) the keys, codes or other devices used to unlock a secure magazine or secure store in which the explosive or explosive precursor is stored,\n> > \n> > > (c) the explosive or explosive precursor while it is being transported.","sortOrder":108},{"sectionNumber":"85","sectionType":"section","heading":"Fire hazards","content":"#### 85 Fire hazards\n\n85 Fire hazards\n\n> A person must not, within 10m of a place where explosives are handled—\n> \n> > (a) smoke, or\n> \n> > (b) have a thing that might spontaneously ignite or cause fire or explosion.\n> \n> Maximum penalty—250 penalty units.","sortOrder":109},{"sectionNumber":"86","sectionType":"section","heading":"Interference with signs and labels","content":"#### 86 Interference with signs and labels\n\n86 Interference with signs and labels\n\n> > (1) A person must not intentionally or recklessly interfere with a sign, label or marking erected, fixed or made in relation to the control or regulation of an explosive or explosive precursor.\n> > \n> > Maximum penalty—250 penalty units.\n> \n> > (2) Subsection (1) does not apply to interference caused by the ordinary use of the explosive or explosive precursor.","sortOrder":110},{"sectionNumber":"87","sectionType":"section","heading":"Restrictions on vacating explosives site","content":"#### 87 Restrictions on vacating explosives site\n\n87 Restrictions on vacating explosives site\n\n> > (1) A person must not vacate an explosives site unless all explosives stored at the site are removed by—\n> > \n> > > (a) lawfully disposing of the explosives, or\n> > \n> > > (b) lawfully transporting the explosives for storage at another place in accordance with a licence.\n> > \n> > Maximum penalty—350 penalty units.\n> \n> > (2) A person who fails to remove an explosive from a site does not commit an offence against subsection (1) if the new occupier of the site—\n> > \n> > > (a) knowingly takes possession of the explosive, and\n> > \n> > > (b) is authorised by a licence to possess and store the explosive.","sortOrder":111},{"sectionNumber":"Part 7","sectionType":"part","heading":"Administration and enforcement","content":"# Part 7 Administration and enforcement\n\nPart 7 Administration and enforcement","sortOrder":112},{"sectionNumber":"88","sectionType":"section","heading":"Destruction of forfeited explosives—the Act s 24N","content":"#### 88 Destruction of forfeited explosives—the Act s 24N\n\n88 Destruction of forfeited explosives—the Act s 24N\n\n> The regulatory authority may destroy a forfeited explosive, or a portion of a forfeited explosive, that is not required for legal proceedings under the Act.","sortOrder":113},{"sectionNumber":"89","sectionType":"section","heading":"Direction given by inspector or police officer—the Act, s 36(2)","content":"#### 89 Direction given by inspector or police officer—the Act, s 36(2)\n\n89 Direction given by inspector or police officer—the Act, s 36(2)\n\n> > (1) An inspector or police officer may direct a person to do one or more of the following—\n> > \n> > > (a) remove a thing that is a hazard to an explosive or explosive precursor, such as an ignition source,\n> > \n> > > (b) take specific action to make unsafe explosives safe,\n> > \n> > > (c) dispose of unsafe explosives as provided for in the Act, section 30A,\n> > \n> > > (d) adopt immediate arrangements to ensure the security of premises used to manufacture or store explosives or explosive precursors,\n> > \n> > > (e) do a thing that, in the opinion of the inspector or police officer, is necessary to address a risk to the safety or security of a person or property arising from the handling of explosives or explosive precursors.\n> \n> > (2) A direction requiring a person to handle explosives may only be given to the following—\n> > \n> > > (a) a licence holder,\n> > \n> > > (b) an employee, contractor or other person engaged, or apparently engaged, by a licence holder,\n> > \n> > > (c) a person the inspector or police officer reasonably suspects to be engaged in activities regulated under the Act or this regulation.\n> \n> > (3) A person must not fail to comply with a direction given under this section.\n> > \n> > Maximum penalty—250 penalty units.","sortOrder":114},{"sectionNumber":"90","sectionType":"section","heading":"Licence or security clearance to be carried and produced—the Act, s 36(2)","content":"#### 90 Licence or security clearance to be carried and produced—the Act, s 36(2)\n\n90 Licence or security clearance to be carried and produced—the Act, s 36(2)\n\n> > (1) A person who holds a licence or security clearance must, at the request of a police officer or inspector who reasonably suspects the person is handling an explosive or explosive precursor—\n> > \n> > > (a) produce the licence or security clearance for inspection by the police officer or inspector, or\n> > \n> > > (b) if the licence or security clearance is not in the person’s immediate possession—produce the licence or security clearance to the police officer or inspector who made the demand or to another police officer or inspector nominated by the original police officer or inspector within 48 hours after the demand is made.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person in possession of an explosive or explosive precursor must—\n> > \n> > > (a) carry the licence, or a copy of the licence, that authorises the possession of the explosive or explosive precursor, and\n> > \n> > > (b) produce the licence, or a copy of the licence, at the request of a police officer or inspector, and\n> > \n> > > (c) if the person holds a security clearance—\n> > > \n> > > > (i) carry the security clearance, and\n> > > \n> > > > (ii) produce the security clearance, at the request of a police officer or inspector.\n> > \n> > Maximum penalty—50 penalty units.","sortOrder":115},{"sectionNumber":"91","sectionType":"section","heading":"Onus of proof concerning reasonable excuse—the Act, s 36(1)","content":"#### 91 Onus of proof concerning reasonable excuse—the Act, s 36(1)\n\n91 Onus of proof concerning reasonable excuse—the Act, s 36(1)\n\n> In proceedings for an offence against a provision of this regulation, the onus of proving that a person had a reasonable excuse is on the person asserting it.","sortOrder":116},{"sectionNumber":"92","sectionType":"section","heading":"Penalty notice offences and penalties—the Act, s 34","content":"#### 92 Penalty notice offences and penalties—the Act, s 34\n\n92 Penalty notice offences and penalties—the Act, s 34\n\n> > (1) For the Act, section 34(2)—\n> > \n> > > (a) each offence created by a provision specified in Schedule 2, Column 1 is an offence for which a penalty notice may be served, and\n> > \n> > > (b) the penalty prescribed for each offence is the amount specified opposite the provision in Column 2.\n> \n> > (2) If the reference to a provision in Schedule 2, Column 1 is qualified by words that restrict its operation to specified types of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind specified or committed in the circumstances specified.","sortOrder":117},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous—the Act, s 36(2)","content":"# Part 8 Miscellaneous—the Act, s 36(2)\n\nPart 8 Miscellaneous—the Act, s 36(2)","sortOrder":118},{"sectionNumber":"93","sectionType":"section","heading":"Labels and markings to be in English","content":"#### 93 Labels and markings to be in English\n\n93 Labels and markings to be in English\n\n> A document, label or marking required by the Act or this regulation must, unless otherwise provided for by the Act or this regulation, be written in English.","sortOrder":119},{"sectionNumber":"94","sectionType":"section","heading":"Classification of detonators","content":"#### 94 Classification of detonators\n\n94 Classification of detonators\n\n> For this regulation, a detonator has the following classification code—\n> \n> > (a) if packaged in accordance with the requirements of classification code 1.4B—1.4B,\n> \n> > (b) if packaged in accordance with the requirements of classification code 1.4S—1.4S,\n> \n> > (c) otherwise—1.1B.","sortOrder":120},{"sectionNumber":"95","sectionType":"section","heading":"Regulatory authority’s power to waive, reduce, postpone or refund fees","content":"#### 95 Regulatory authority’s power to waive, reduce, postpone or refund fees\n\n95 Regulatory authority’s power to waive, reduce, postpone or refund fees\n\n> The regulatory authority may waive, reduce, postpone or refund, in whole or part, a fee under the Act or this regulation if the regulatory authority is satisfied—\n> \n> > (a) the person liable for the fee is suffering financial hardship, or\n> \n> > (b) special circumstances exist.\n> > \n> > Example of special circumstances—\n> > \n> > The person is affected by or recovering from a natural disaster.","sortOrder":121},{"sectionNumber":"96","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 96 Savings and transitional provisions\n\n96 Savings and transitional provisions\n\n> Schedule 4 has effect.","sortOrder":122},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Activities under each type of licence","content":"# Schedule 1 Activities under each type of licence\n\nSchedule 1 Activities under each type of licence\n\nsection 14\n\n**sch 1:** Am 2025 (301), Sch 1\\[11\\].","sortOrder":123},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 2 Penalty notice offences\n\nSchedule 2 Penalty notice offences\n\nsection 92\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 6(1)—for an offence committed by a corporation | $15,000 |\n| Section 6(1)—for an offence committed by an individual | $7,500 |\n| Section 6A | $7,500 |\n| Section 7—for an offence committed by a corporation | $15,000 |\n| Section 7—for an offence committed by an individual | $7,500 |\n| Section 8(1)—for an offence committed by a corporation | $15,000 |\n| Section 8(1)—for an offence committed by an individual | $7,500 |\n| Section 9(1) | $1,500 |\n| Section 15 | $1,500 |\n| Section 16AG | $1,000 |\n| Section 18(1)–(5) | $1,500 |\n| Section 23 | $300 |\n| Section 27A(1) | $5,000 |\n| Section 28—for an offence committed by a corporation | $23,000 |\n| Section 28—for an offence committed by an individual | $7,000 |\n| Section 35(1) | $150 |\n| Offences under this regulation |\n| Section 8(1) and (2) | $5,000 |\n| Section 9(1) | $7,500 |\n| Section 12(2) | $5,000 |\n| Section 22(3) | $2,000 |\n| Section 39 | $5,000 |\n| Section 40(1) | $5,000 |\n| Section 41(1) | $5,000 |\n| Section 42(1)–(5) | $5,000 |\n| Section 43(1) and (2) | $5,000 |\n| Section 44(1) | $5,000 |\n| Section 45(1) and (2) | $5,000 |\n| Section 47(1) and (2) | $5,000 |\n| Section 48(1) | $7,500 |\n| Section 49(1) | $5,000 |\n| Section 50 | $5,000 |\n| Section 51(1) | $5,000 |\n| Section 52 | $5,000 |\n| Section 53(1) and (2) | $5,000 |\n| Section 54(1) | $5,000 |\n| Section 56(1) | $5,000 |\n| Section 58(1) | $5,000 |\n| Section 59 | $5,000 |\n| Section 60(1) | $5,000 |\n| Section 61 | $5,000 |\n| Section 62(1) | $5,000 |\n| Section 64(1) | $5,000 |\n| Section 65(1) and (3) | $2,000 |\n| Section 66(1) | $2,000 |\n| Section 67(1) and (2) | $2,000 |\n| Section 68(1) | $5,000 |\n| Section 69(1) and (3) | $5,000 |\n| Section 70 | $5,000 |\n| Section 71(1) and (3) | $2,000 |\n| Section 72(1) | $7,500 |\n| Section 73(4) | $5,000 |\n| Section 74(2) | $5,000 |\n| Section 75(1) | $5,000 |\n| Section 79 | $7,500 |\n| Section 81(1) and (2) | $7,500 |\n| Section 82(1) and (2) | $7,500 |\n| Section 83(1) | $5,000 |\n| Section 84(1) | $5,000 |\n| Section 85 | $5,000 |\n| Section 86(1) | $5,000 |\n| Section 87(1) | $7,500 |\n| Section 89(3) | $5,000 |\n| Section 90(1) and (2) | $1,000 |","sortOrder":134},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Toy fireworks","content":"# Schedule 3 Toy fireworks\n\nSchedule 3 Toy fireworks\n\nSchedule 5, definition of “toy firework”","sortOrder":135},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 4 Savings and transitional provisions\n\nSchedule 4 Savings and transitional provisions\n\nsection 96","sortOrder":138},{"sectionNumber":"Schedule 4A","sectionType":"schedule","heading":"Fees","content":"# Schedule 4A Fees\n\nSchedule 4A Fees\n\nsection 28\n\n**sch 4A:** Ins 2025 (301), Sch 1\\[12\\].","sortOrder":144},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 5 Dictionary\n\nSchedule 5 Dictionary\n\nsection 3\n\nammunition means a safety cartridge of classification code 1.4S for small arms, but does not include a cartridge designed for an explosive-powered tool.\n\nAS 2187 means Australian Standard AS 2187, Explosives—Storage, transport and use, as in force from time to time.\n\nauthorised supplier means the holder of a licence that authorises the holder to supply an explosive or explosive precursor.\n\nbusiness day means a day that is not—\n\n> (a) a Saturday or Sunday, or\n\n> (b) a public holiday.\n\ncontrolled explosives, for Part 5, Division 4, Subdivision 1—see section 46.\n\ncorresponding law, for Part 6, Division 4—see section 63.\n\nCPI number, for Schedule 4A, Part 2—see Schedule 4A, section 1.\n\ndisplay fireworks means fireworks, other than toy fireworks or distress signals, consisting of a case or device forming a squib, gerb, cracker, serpent, mortar shell, lance, wheel, coloured fire, Roman candle or other article specially adapted for the production of a pyrotechnic effect or sound effect.\n\ndistress signal—\n\n> (a) means a pyrotechnic device intended for signalling, warning, rescue or similar purposes, and\n\n> (b) includes a signal cartridge, marine flare, landing flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud seeding rocket, avalanche rocket, smoke generator, railway track signal and bird scarer.\n\nexplosive-powered tool—\n\n> (a) means a tool that uses an explosive to drive a stud, pin, dowel, screw, rivet, spike or other similar object against, into or through a substance, but\n\n> (b) does not include a tool designed for use in rock breaking or demolition.\n\nexplosives site means land on which explosives are lawfully stored.\n\nexport means export from the State to another country.\n\nfee unit, for Schedule 4A—see Schedule 4A, section 2.\n\nfinancial year, for Schedule 4A, Part 2—see Schedule 4A, section 1.\n\nharbour master, for Part 6, Division 8—see section 80.\n\nhazard division, for an explosive, means the hazard division assigned to the explosive under the Australian Explosives Code.\n\nimport means bring explosives or explosive precursors into the State from another country.\n\nlife-saving appliance means a safety device for use in a motor vehicle, vessel or aircraft including the following—\n\n> (a) a seat-belt pretensioner,\n\n> (b) an airbag,\n\n> (c) an escape slide,\n\n> (d) a life raft,\n\n> (e) a personal flotation device.\n\nmining workplace means a workplace—\n\n> (a) to which the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054) applies, or\n\n> (b) at which activities under the [Petroleum (Offshore) Act 1982](/view/html/inforce/current/act-1982-023) are carried out.\n\nmining workplace regulator means the Secretary of the Department of Primary Industries and Regional Development.\n\nNEQ means the net explosive quantity of an explosive, excluding packaging, casings and other non-explosive components, expressed as a mass.\n\npercussion cap means an article of classification code 1.4S—\n\n> (a) consisting of a metallic or plastic cap or cup containing a small amount of primary explosive mixture, and\n\n> (b) used as the ignition element in ammunition.\n\npropellant powder means the following—\n\n> (a) black powder,\n\n> (b) smokeless powder.\n\nreceiver, for Part 6, Division 4—see section 63.\n\nrelevant standard or code, for Part 6, Division 1—see section 55.\n\nresponsible notifier, for Part 6, Division 8—see section 80.\n\nsecure magazine means a store—\n\n> (a) used exclusively for keeping explosives, and\n\n> (b) designed, constructed, located, marked, labelled and used in accordance with AS 2187.\n\nsecure store means a place for the storage of explosive precursors kept secure by—\n\n> (a) lock or constant surveillance, and\n\n> (b) procedures governing the following—\n> \n> > (i) access,\n> \n> > (ii) if the store is secured by lock—access to keys, codes or other devices used to unlock the store,\n> \n> > (iii) documentation of movement of persons into and out of the store.\n\nserious incident, for Part 6, Division 8—see section 80.\n\nthe Act means the [Explosives Act 2003](/view/html/inforce/current/act-2003-039).\n\ntoy firework—see Schedule 3.\n\n**sch 5:** Am 2025 (301), Sch 1\\[13\\]–\\[15\\].","sortOrder":151}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to be a standard remake or update of existing explosives regulations in NSW, consolidating and modernising rules that have existed in this space for decades. The two amendments made since August 2024 suggest refinements rather than fundamental scope changes, which is typical for technical safety regulations of this nature."},"complexity_factors":["Explosives regulation involves highly technical subject matter requiring specialist industry knowledge to fully understand","Operates as subordinate legislation (a regulation) under a parent Act, meaning you must read both documents together to understand the full legal picture","Multiple amendments in less than a year (two versions already) indicate evolving and potentially unstable requirements","Likely contains cross-references to Australian Standards, codes of practice, and other external documents not reproduced in the regulation itself","Covers multiple distinct regulated activities (manufacture, storage, transport, sale, use) each with their own rule sets","Licensing framework typically involves tiered licence categories, conditions, and renewal obligations adding layers of complexity","Security and record-keeping obligations interact with Commonwealth counter-terrorism laws, adding a federal dimension","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer practitioners must track","Only metadata and status information was provided — the actual operative provisions were not available for analysis, limiting certainty of assessment"],"plain_english_summary":"The Explosives Regulation 2024 (NSW) sets out detailed, practical rules for how explosives are licensed, stored, transported, handled and used across NSW. It governs businesses and workers who manufacture, sell, move or use explosives (eg. mining, construction, pyrotechnics), and imposes safety, security, record‑keeping and penalty obligations to protect people and property.\n\nThe regulation automatically expires on 1 September 2029 unless renewed and has already been amended twice since August 2024."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Regulation replaces and updates the 2013 explosives regulation and expands and modernises regulatory mechanics. Compared with the previous instrument it adds online publication requirements (register of explosives to be published on the regulator’s website—s 6), more prescriptive security‑plan and safety‑plan content (secs 26–27), explicit import/export notification and approval mechanics (secs 69–71), new or clarified quantitative exemptions and thresholds (secs 31, 37, 44–45), indexed restoration fees and a CPI formula (Schedule 4A), and a detailed penalty‑notice schedule (Schedule 2). Those changes broaden the regulatory detail and administrative obligations beyond a simple update: they increase compliance and administrative scope (more mandatory plans, identity and record checks, notifications and tighter transport routing controls) while retaining targeted exemptions for carriers, firearms licence-holders and small‑quantity users. The effect is a substantive widening and formalisation of regulatory reach and procedural obligations compared with the earlier regulation."},"complexity_factors":["Extensive cross-references to external Acts and technical codes (Explosives Act 2003, Work Health and Safety Acts, AS 2187, Australian Explosives Code, ADG Code)","Many defined terms in Schedule 5 (around 40 definitions) and concept‑specific definitions elsewhere (Schedule 3 toy fireworks, Schedule 4A fee-unit)","Multiple Parts, Divisions and Subdivisions with layered duties and exceptions (8 Parts plus Schedules, with nested Divisions)","Numerous conditional exemptions and thresholds (e.g. quantity limits, specific user classes, geographic exemptions) creating many branches of applicability (secs 31–37, 49–51)","Wide range of offences and tailored penalty‑notice amounts listed in Schedule 2 (many items with differing penalties)","Detailed procedural requirements (security and safety plans, notification timeframes for import/export, record-keeping periods) with prescriptive content requirements (secs 26–27, 65–71, 66–67)","Administrative discretions (approvals, suspensions, fee waivers) that are not fully rule‑based, increasing interpretive complexity (secs 19–22, 26, 95)","Indexed fees with CPI formula, rounding rules and annual public-notification obligations (Schedule 4A, Part 2)"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Establishes detailed rules for handling, storing, transporting, supplying, importing, exporting, manufacturing, using and disposing of explosives and explosive precursors in the State. Key operational requirements include licensing and security clearances for people and organisations that handle explosives (secs 10–14); written security plans and safety management plans for licence holders (secs 26–27); published registers and notices for authorised explosives and exemptions (secs 6–7, 38); and a wide set of storage, transport and incident-notification rules (Parts 5 and 6, Divisions 4 and 8).\n\n- Sets specific quantitative thresholds and exemptions (for example, small quantities of certain items, ammunition and toy fireworks) where licences or security clearances are not required (secs 31–37, Schedule 3). It also prescribes where and when explosives may be carried by vehicle or vessel and particular geographic restrictions (e.g. tunnels, bridges, central business districts) and maximum loads (secs 46–51).\n\n- Creates duties to follow external technical standards and codes (AS 2187, Australian Explosives Code, ADG Code) and makes compliance with those standards an offence if not followed (secs 55–57, 56). The regulation also prescribes specific record-keeping, identity-verification and retention periods for suppliers (secs 65–67).\n\n- Gives inspectors and police specific enforcement powers (directions, site preservation after serious incidents, requirement to produce licences/security clearances) and sets penalties and penalty‑notice amounts for many breaches (secs 89–90, 91–92, Schedule 2).\n\n- Provides administrative details: transitional savings from the previous regulation, fee amounts and indexation, and a power for the regulator to waive or reduce fees in hardship or special circumstances (Schedule 4, Schedule 4A, s 95).\n\n**Who is affected**\n\n- Businesses and individuals who manufacture, import, supply, store, transport, use or dispose of explosives or explosive precursors: miners, manufacturers, quarrying and construction operators, fireworks operators, pyrotechnicians, licensed firearms dealers and carriers (see Schedule 1 and many parts of Part 5 and Part 6).\n\n- Licence applicants and licence-holders who must meet training, medical and competence requirements (e.g. blasting, pyrotechnics, transport drivers) and prepare security and safety plans (secs 15–18, 26–27, 54).\n\n- Suppliers and retailers who must verify identity and entitlement before supply and keep five-year records of supplies (secs 65–67).\n\n- Police, inspectors and the regulatory authority who exercise enforcement, notification, and discretionary fee-remission powers (secs 23, 81–83, 88–95).\n\n- Members of the public and nearby businesses who are affected indirectly through transport routing and storage restrictions in populated areas (secs 49–51, 42, 87).\n\n**Why it matters (claimed purpose, and how that interacts with costs and incentives)**\n\n- The regulation’s stated and implicit purpose is to manage safety and security risks associated with explosives by controlling who can access them, how they are stored and moved, and by requiring compliance with recognised technical standards (secs 26, 55–56, 59–61). Those mechanisms work by raising the administrative and compliance burden on handlers: licensing, security clearances, security and safety plans, record-keeping, medical checks and training (secs 10–18, 26–27, 54, 65–67).\n\n- Who pays: regulated businesses and individuals pay direct costs (licence fees, restoration fees in Schedule 4A, training and medical exams, security infrastructure to meet AS 2187 and the Australian Explosives Code) and indirect costs (administration, delayed shipments because of notification requirements at import/export, and possible route restrictions). The regulator and enforcement agencies bear administrative costs to maintain online registers (s 6), process notifications (secs 69–71), inspect sites and prosecute breaches.\n\n- Behavioural incentives and trade-offs: the rules raise the fixed and compliance costs of entering and operating in the explosives supply chain, which discourages casual or poorly prepared market entry and encourages consolidation among those who can afford compliance. The detailed exemptions (e.g. for carriers, licensed firearms dealers, small quantities, port operational areas, voyages outside the State) create legal pathways for legitimate activity while preserving controls for larger or higher-risk operations (secs 31–37, 33–36, 35). These exemptions also channel activity into predictable classes (carriers, licensed firearms dealers) rather than eliminating regulation entirely.\n\n- Opportunity costs and substitution effects: operators facing new costs or restrictions may substitute to different suppliers, route goods by vessel or interstate to avoid some licensing requirements (s 35), or change timing and quantities to fit exemption thresholds (e.g. 10kg NEQ for police, 20kg/3kg thresholds for security-sensitive ammonium nitrate in s 37). The regulation permits some movement of activity to jurisdictions or transport modes where the licensing burden differs (subject to those other jurisdictions’ rules).\n\n- Compliance burden and implementation risk: the regulation relies on external technical codes (AS 2187, Australian Explosives Code, ADG Code). That creates a dependency on the content and availability of those standards, and requires the regulator and inspectors to interpret and enforce standards that are updated outside the regulation (secs 55–57). The regulator also has discretion over approvals, security-plan formats and extensions (secs 26, 54, 95), which concentrates administrative decision-making and creates implementation risk (timeliness, consistency) for licence-holders.\n\n- Bureaucratic discretion and relief: the regulator may suspend or cancel licences (secs 19–22) and may waive or reduce fees in hardship or special circumstances (s 95). Those powers provide flexibility but also create points where regulatory decision-making and appeals may matter for business continuity.\n\n- Market effects on competition and independent operators: licensing, mandatory security arrangements and minimum-driver-age/training requirements (s 54) raise barriers to small operators and individual contractors. Some exemptions (e.g. for carriers, firearms licence holders, and small quantities) limit competitive harm by allowing routine activities to continue without the full licensing costs (secs 32–33, 31). Record and identity checks for supply (secs 65–66) increase compliance costs for suppliers and may raise transaction friction in wholesale/retail markets.\n\n**Concrete mechanisms that could concentrate benefits or costs**\n\n- Concentrated benefits: existing, well-resourced businesses that already meet AS 2187 standards and have security infrastructure will find it easier to comply and thus may capture market share for lawful supply and transport.\n\n- Diffuse costs: many small users and suppliers face modest but ubiquitous new costs (training, identity checks, record-keeping, medicals) that add up across firms and transactions (secs 65–67, 54, 15).\n\n- Enforcement and capture risk: administrative discretion (approvals, security-plan acceptance, suspensions, fee waivers) creates points where regulatory practice affects market access; the text contains procedural protections (notice requirements, prescribed forms) but leaves substantial operational judgment to the authority (secs 19–23, 26, 95).\n\n**Summary of principal obligations and sanctions (practical takeaway)**\n\n- If you purchase, store, transport, supply, manufacture or use explosives beyond specific small-quantity exemptions you generally need an appropriate licence and security clearance (secs 10–14, Part 3). Licence-holders must have approved security and safety plans, comply with AS 2187 and the Australian Explosives Code, keep records for five years and notify authorities for imports, exports, thefts and serious incidents (secs 26–27, 55–57, 65–67, 69–83).\n\n- Inspectors and police have powers to direct remedial action and to require production of licences and security clearances; non-compliance carries monetary penalties and penalty‑notice amounts set in Schedule 2 (secs 89–92, Schedule 2).\n\n(References in parentheses are to the sections of the Explosives Regulation 2024 cited above.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":675},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of implementing the Explosives Act 2003. The 2024 version modernises and consolidates previous regulations without significant expansion beyond the established framework of licensing, safety, security and enforcement for explosives handling."},"complexity_factors":["Extensive cross-referencing to external technical standards (AS 2187, Australian Explosives Code, ADG Code) that aren't reproduced in the regulation","Multiple nested exemption provisions with conditions and exceptions to exemptions (e.g. section 9 research and development exception, with its own exception in subsection 3)","Detailed licensing regime with 10 different licence types, each with specific authorised activities in Schedule 1","Geographic and route-specific transport restrictions requiring knowledge of NSW roads and locations (Newell Highway, specific bridges, CBDs)","Dual penalty structure with higher penalties for corporations than individuals across many offences","Incorporation of definitions and provisions from multiple other Acts (Firearms Act, Work Health and Safety Act, Rail Safety National Law, etc.)","Inflation-adjusted fee structure with mathematical CPI formula in Schedule 4A","Multiple overlapping notification requirements to different authorities depending on incident type and location"],"plain_english_summary":"This regulation sets out the rules for handling explosives and explosive precursors in New South Wales. It covers who needs licences and security clearances, what activities are permitted, and how explosives must be stored, transported, used and disposed of safely.\n\n**Key things this regulation does:**\n\n- **Establishes a licensing system** — You generally need a licence to handle explosives or explosive precursors, plus a security clearance for individuals. There are different licence types for manufacturing, importing, supplying, storing, transporting, and using explosives.\n\n- **Sets eligibility requirements** — For example, blasting explosives users must pass exams, practical tests and medical checks. Pyrotechnicians and fireworks operators need appropriate training.\n\n- **Requires security and safety plans** — Licence holders must prepare detailed plans covering security risks (who can access explosives, how they're secured) and safety risks (how hazards are managed).\n\n- **Regulates storage and transport** — Explosives must be kept in secure magazines, with strict rules about quantities, locations, and time limits. Transport has detailed requirements including route restrictions (no CBDs, limited tunnel/bridge access, eastern NSW quantity limits) and driver qualifications.\n\n- **Creates exemptions** — Some people don't need licences, including: police storing small quantities; licensed firearms dealers handling ammunition; carriers transporting ammunition; people using small amounts of ammonium nitrate for education/research; and those handling limited quantities of items like distress signals or toy fireworks.\n\n- **Mandates incident reporting** — Theft, loss, suspicious incidents and serious accidents must be reported immediately to authorities.\n\n- **Penalties** — Breaches can attract fines up to 350 penalty units (over $38,000 for individuals, over $77,000 for corporations at 2024 rates).\n\nThe regulation references technical standards like AS 2187 (Australian Standard for explosives storage, transport and use) and the Australian Explosives Code, which contain detailed safety requirements."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/explosives-regulation-2024","history":"/api/acts/explosives-regulation-2024/history","analysis":"/api/acts/explosives-regulation-2024/analysis","conflicts":"/api/acts/explosives-regulation-2024/conflicts","importantCases":"/api/acts/explosives-regulation-2024/important-cases","documents":"/api/acts/explosives-regulation-2024/documents"}}