Creates a detailed regulatory framework for explosives in Western Australia. It defines what counts as an "explosive", lists items that are prohibited or exempt, and sets out how explosives may be authorised for use, tested, manufactured, stored, transported, supplied, used (including fireworks and blasting), and disposed of. (See regs 8, 26–31, Parts 6–14.)
Establishes a licensing and permit system. There are numerous licence types (import/export, manufacture, MPU manufacture, storage, transport, driver, supply, shotfiring, fireworks contractor/operator, pyrotechnics (special use)) and several permits (test permits, fireworks event permits, townsite blasting permits). The Chief Officer issues, amends, suspends and cancels licences and permits (Parts 4, 7, 8, 9, 10, 11, 12, 13, 15; regs 30–31, 157, 162–167, 174–176).
Sets security controls. Individuals who must have unsupervised access to explosives generally need a security clearance and a security card; the regulations create an application process, police checks, a right for police to object, and duties for licence-holders about secure nominees and authorisations (regs 16–25, 17–21A, 23–25A).
Makes compliance with Australian technical documents (the Australian Explosives Code (AE Code), AS 2187 series, AS 3846 for ports, UN test criteria) part of the regime, while allowing declared alternative safety measures if they achieve the same or lower risk and are recorded in writing (regs 5–7, 6, 90, 111B, 104(1)).
AS 2187, meaning of and general provisions about 9
Explosive, meaning of 10
Classification of explosives 11
Supervised and related terms, meaning of 12
Supply, meaning of affected 13
Explosives to which these regulations do not apply 13
Part 2 — Administrative matters
Forms may be approved by Chief Officer 15
Courses may be approved by Chief Officer 15
Declaring a substance to be an explosive 15
Part 3 — Security matters
Security clearance, meaning of 16
Security card, application for 16
Application to be referred to Commissioner of Police 17
Commissioner of Police may object to person having security card 17
Security card, issue of 19
21A. Extension of period for which security card is valid 20
Security card, cancelling 21
22A. Replacement of security cards 22
Security documents to be carried and produced 22
Authorisation to have access to explosives 23
Records as to secure nominees 25
Duties of secure nominees 26
25A. Duty to correct information in relation to an application under regulation 17 or 21A 26
Prescribes record‑keeping, inventory, stocktake and reporting obligations (e.g. monthly stocktake, 2‑year retention) and makes certain incidents reportable (regs 44, 92, 119, 134, 161). It also prescribes offences and penalties for non‑compliance (multiple regs; fines are tiered into "level 1/2/3 fines" with some offences attracting up to 10 months imprisonment).
Adds port‑specific controls (Part 11A: regs 111A–111O) and fees for use of State explosives facilities (Part 16: regs 185–190 and Schedule 1).
Who this affects
Businesses and contractors that import, manufacture, store, transport, supply, use or dispose of explosives or explosive components (mining companies, construction/blasting contractors, fireworks contractors, ammunition manufacturers, transport operators, port authorities). (Many licence-linked obligations across Parts 6–13 and Part 15.)
Individuals who handle explosives: they may need licences, competency proofs, medical checks and security clearances (regs 157–160, 164, 16–21A).
Local governments, harbour masters, berth operators and the FES Commissioner, who are given consultative and enforcement roles for fireworks events, port handling, and townsite blasting (regs 131, 139, 148, 111H–111J, 111L–111N).
The Chief Officer and regulators: they exercise broad administrative and discretionary powers (approvals, authorisations, inspections, enforcement, registration) (regs 13–15, 31, 32, 162, 183).
Why it matters (purpose-claims and testing them against trade-offs)
The regulations present their purpose as reducing risk to people, property and the environment by making explosives subject to licensing, security screening, technical standards and record‑keeping (see many provisions requiring compliance with AE Code/AS 2187, and the safety management plan rules in regs 161 and Schedule 10). That stated aim is implemented through: (a) restrictions on who may possess, move or use explosives (licences, security cards, authorised persons) (regs 23, 45–47, 97); (b) technical and operational standards (AE Code, AS 2187, AS 3846) or documented alternative safety measures (regs 5–7, 6, 90, 111B); and (c) incident reporting, inventories and stocktakes (regs 44, 92, 119, 134, 161).
Costs and incentives: the law shifts compliance costs onto licence‑holders and users via fees (Schedule 1; Part 16), mandatory management plans and record‑keeping (regs 157(7), 161, 92, 119), magazine construction and storage standards (regs 90, 91), monthly stocktakes and investigations of unexplained loss (reg 92), and security‑vetting procedures (regs 17–21A). Those are direct costs (fees, capital outlays to comply with AS 2187) and recurring administrative costs (records, audits). The regime creates incentives to avoid licence‑triggering thresholds (Schedules 4–9 set exemptions and thresholds for when licences are required), for example by keeping quantities below specified NEQ limits or using classes of explosives that are exempted for certain activities.
Effects on private enterprise and competition: by requiring licences, competency evidence, security clearances and site management plans, the regulations raise entry costs for newcomers and small operators engaged with regulated explosives activities (regs 157–164). Existing, appropriately licensed businesses can obtain trading licence renewals automatically in many cases (reg 174A), which reduces friction for incumbents and could concentrate benefits among established operators. Mutual recognition of comparable licences from other Australian jurisdictions (regs 182A–182B) reduces friction for interstate operators.
Bureaucratic discretion and implementation risk: the Chief Officer has wide powers to authorise or refuse explosives, vary classification codes, require tests and analyses, approve forms and courses, decide licences and impose conditions, and declare special berths (regs 15, 31, 32, 13–14, 162, 164, 111N). That discretion makes outcomes dependent on administrative decisions and creates implementation risk (variability, delay, cost of compliance) and the need for clear administrative guidance and appeal routes.
Compliance burden and enforcement: many operational rules are criminal offences with fines and occasionally imprisonment (see reg 3 definitions of fine levels and examples such as r 48 possession of prohibited explosive; r 36 offences for handling without authorisation; r 193 false/misleading information). Record‑keeping and inspection duties are precise and recurring (monthly stocktakes, retention for 2 years) (reg 92). These create clear compliance obligations but also administrative load for industry and regulators.
Substitution and unintended consequences: where the regulations ban or tightly control particular articles (Schedule 2 prohibited explosives, or quantity limits in Schedules 4–9), users may substitute alternative products, suppliers or methods. The law permits "alternative safety measures" only if they demonstrably achieve equal or lower risk and are documented (reg 6) — that mechanism allows flexibility but requires paperwork and risk demonstration.
Who pays, who decides, and what behaviour changes
Who pays: licence applicants and holders pay application fees and annual trading fees (Schedule 1, regs 157(1)(da), 179A) and users who occupy State explosives facilities pay SEF fees (Part 16 regs 187–190). Businesses incur capital costs to meet magazine/vehicle/MPU standards (regs 90, 106, 42) and recurring administrative costs (record‑keeping, security vetting, stocktakes) (regs 92, 119, 17–21A).
Who decides: the Chief Officer is the central decision‑maker for approvals, licences, authorisations, declarations and enforcement actions (regs 13–15, 31, 32, 162–165, 174–176). The Commissioner of Police has a formal objection power over security card issuance (reg 19). Local governments, harbour masters, the FES Commissioner and other agencies have specified consultative or decision roles for fireworks, townsite blasting and port handling (regs 131, 139, 148, 111E–111J).
Behavior changes required: businesses must obtain and maintain the correct licences and security clearances before handling explosives; adopt and follow explosives management plans and blast plans; keep and reconcile inventories and conduct monthly inspections/stocktakes; ensure packaging, vehicles and magazines meet AE Code/AS 2187 or approved alternatives; and report incidents and unexplained losses promptly (regs 23, 129–134, 92, 40, 90–91, 44). Individuals need medical, competency and identity evidence to hold some licences and may require security clearance (regs 157–160, 16–21A, 164).
Concrete trade‑offs, risks and implementation notes (source‑grounded)
Concentrated benefits: established manufacturers, storage providers and SEF users who already meet standards may benefit from barriers that limit new entrants. The automatic renewal rule for trading licences (reg 174A) is a concrete administrative rule that reduces friction for incumbents.
Diffuse costs: many smaller businesses, hobbyists and individuals who occasionally use or store small amounts of exempted explosives may still face compliance costs when thresholds are exceeded; the regulations mitigate this by listing many small‑quantity exemptions in Schedules 4–9.
Capture and rent‑seeking risk: the combination of costly compliance standards, discretionary authorisations and fees creates potential for regulated incumbents to benefit from high entry costs. That is a structural possibility under the instrument (see licence and fee regimes in Part 15 and Schedule 1, and Chief Officer discretion in regs 31 and 162) but the text provides procedural safeguards such as written reasons for refusals and rights to be informed (reg 164(7)).
Implementation risk: the regime relies heavily on technical standards (AE Code, AS 2187, AS 3846). The regulation makes those standards enforceable (regs 5–7, 111B) but also permits documented alternative safety measures (reg 6), which requires regulators to assess equivalence — that assessment process will determine how flexible the system is in practice.
Bottom line (plain):
These regulations convert technical safety standards and risk‑management practices for explosives into mandatory legal obligations enforced by licensing, security screening, technical requirements, reporting and record‑keeping. The Chief Officer is the central administrative decision maker; licence holders pay fees and must meet recurring administrative and technical obligations; police and emergency services have defined roles. The framework is comprehensive and prescriptive, creates measurable compliance costs and administrative tasks for businesses and individuals handling explosives, and includes mechanisms to allow alternatives where risk is demonstrably no greater (reg 6).
These regulations are the *Dangerous Goods Safety (Explosives) Regulations 2007*.
2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Act Part 3 comes into operation.
3. Terms used
In these regulations, unless the contrary intention appears —
access to an explosive, includes having access to, or having the means of unlocking, a building, room, container, tank, vehicle or other thing, or a place, in which the explosive is situated;
Act means the Dangerous Goods Safety Act 2004;
ADG Code has the meaning given in the Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007 regulation 4;
AE Code means the Australian Code for the Transport of Explosives by Road and Rail, Third Edition 2009, published by the Commonwealth of Australia (ISBN 978 0 64
This is an opening excerpt, not the complete document.