Dangerous Goods Safety (Security Risk Substances) Regulations 2007 (Western Australia)

These Regulations establish a licensing, security-plan and recordkeeping regime for security sensitive ammonium nitrate (SSAN) in Western Australia, set criminal and administrative penalties for non‑compliance, and prescribe operational and reporting requirements for import, export, manufacture, storage, transport and supply of SSAN. The Regulations define SSAN (Schedule 2) as any substance containing more than 45% ammonium nitrate, except where it is an explosive or an aqueous solution (Schedule 2). They operate under the Dangerous Goods Safety Act 2004 (the Act) and take procedural and substantive priority over other regulations under the Act except the Dangerous Goods Safety (General) Regulations 2007 (r 7).

Mechanically, the Regulations:

Require specified licences to possess, import/export, manufacture, store, transport or supply SSAN (regs 12, 16, 21, 22, 24, 27). A licence may be an SSAN import/export, manufacture, storage, transport, supply or fertiliser licence, or in some circumstances a related explosives licence or interstate licence (r 3, r 12(1)).
Prescribe the content and treatment of security plans as part of licensing applications for manufacture, storage, transport and fertiliser licences (regs 30(4), 31). A security plan is prescribed as a safety management document for purposes of the Act (r 48).
Set specific supervision and unsupervised access controls, including written unsupervised access authorisations that must state defined particulars and require a security clearance for unsupervised access (r 9).
Institute monthly inventory, stocktake and inspection obligations at licensed storage/manufacture sites, and specific recordkeeping requirements with two year retention periods for many records (r 23(2)-(7), r 10(1), r 18(3), r 28(3)).

CrestWestern Australia

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007

Western Australia

Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1
Terms used 1
Examples and notes are not part of the law 5
Supervision and related terms, meaning of 6
Application of these regulations 6
These regulations prevail over other regulations 7

Part 2 — Administrative matters

Approval of forms 8

Part 3 — Security matters

Licence holder may authorise individuals to have access to SSAN 9
Licence holder to keep records as to secure nominees 10
Duties of secure nominee 11

Part 4 — Possession of SSANs

Licensing requirements 13
Licences etc. to be carried 15
Duties to keep SSAN secure 16

Part 5 — Import and export of SSANs

Terms used 17
Licensing requirements 17
Import and export, requirements prior to 17
Import and export notices, form and content of 18
Chief Officer may direct that SSAN be analysed 19

Part 6 — Manufacture of SSANs

Term used: manufacture 20
Licensing requirements 20

Part 7 — Storage of SSANs

Licensing requirements 22
Storage requirements, specific 23

Part 8 — Transport of SSANs

Licensing requirements 26
Interstate licences, compliance with etc. 27
Security breach, duty to report 28

Part 9 — Supply of SSANs

Licensing requirements 29
Suppliers, duties of 31

Part 10 — Licences

Division 1 — Preliminary

Terms used 34

Division 2 — General provisions

Applying for a licence 34
Security plans 36
Dealing with applications 39
Body corporate and partnership to have qualified officer 42
Conditions of licences 43
Duration of licences 43
Form of licences 44
Licences not transferable etc. 44
Licences may be surrendered 45
Lost licences may be replaced 45
Amending licences 45
Licences, renewal of 47

Division 3 — Suspending and cancelling licences

Suspending or cancelling licences, grounds for 47
Suspending or cancelling licences, procedure for 48
Suspension in urgent circumstances 49
Suspension or cancellation, general matters 50

Division 4 — Duties of licence holders

46A. Annual fees for licences 50

Licence holder to notify Chief Officer of certain convictions and charges 51
Condition of licence, contravening 52

Part 11 — Miscellaneous matters

Safety management document prescribed (Act s. 3) 53
False or misleading information, offences 53
Security plan, duties in respect of 53
Prescribed offences and modified penalties (Act s. 56) 54

Schedule 1 — Annual fees

Schedule 2 — Security sensitive ammonium nitrate

Ammonium nitrate, substances containing 56

Notes

Compilation table 57

Other notes 59

Defined terms

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007

Part 1 — Preliminary matters

1. Citation

	These regulations are the *Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007*.

[Regulation 1 amended: Gazette 5 Feb 2016 p. 361.]

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 SSAN, 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 SSAN is situated;

Act means the Dangerous Goods Safety Act 2004;

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (also called the Australian Dangerous Goods Code) published by the National Transport Commission, including (for the avoidance of doubt) its appendices;

annual fee, for a licence, means the annual fee in Schedule 1 for the licence;

approved form means a form approved under regulation 8;

commercial laboratory means an analytical or research laboratory that is operated for lawful commercial purposes, but not a laboratory controlled and managed by a government organisation;

educational institution means —

(a) a government school, or a non-government school, as those terms are defined in the School Education Act 1999; or

(b) an institution established under any of these Acts —

(i) Curtin University of Technology Act 1966;

(ii) Edith Cowan University Act 1984;

(iii) Murdoch University Act 1973;

(iv) University of Notre Dame Australia Act 1989;

(v) University of Western Australia Act 1911;

(vi) Vocational Education and Training Act 1996;

explosive has the meaning given to that term in the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 8;

explosives manufacture (MPU) licence means an explosives manufacture (MPU) licence issued under the Dangerous Goods Safety (Explosives) Regulations 2007;

government organisation means any body, whether corporate or unincorporate, or office, established for a public purpose by a written law or by a law of the Commonwealth;

holder of a licence, means the person to whom the licence is issued;

illegal product means —

(a) an explosive; or

(b) a substance the possession of which by a member of the public is totally prohibited under a written law; or

(c) a substance the possession of which by a member of the public is prohibited by a written law except in circumstances prescribed by the law;

interstate transport licence means a licence that —

(a) is issued and in force under the law of another State or a Territory that corresponds with the Act and these regulations; and

(b) authorises the holder of the licence to transport an SSAN in that State or Territory;

level 1 fine means —

(a) for an individual, a fine of $10 000;

(b) for a body corporate, a fine of $50 000;

level 2 fine means —

(a) for an individual, a fine of $5 000;

(b) for a body corporate, a fine of $25 000;

level 3 fine means —

(a) for an individual, a fine of $1 000;

(b) for a body corporate, a fine of $5 000;

licence means —

(a) a licence issued or replaced under these regulations; or

(b) a shotfiring licence; or

(d) an interstate transport licence;

personal details of an individual, means his or her name and address and a telephone number or numbers on which he or she can be contacted during and after working hours;

required details of an SSAN, means these details —

(a) the trade name of the SSAN; and

(b) the chemical composition of the SSAN; and

(d) the quantity of the SSAN; and

(e) if the SSAN is dangerous goods, within the meaning given to that term by the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 regulation 8 —

(i) the proper shipping name of the SSAN under the ADG Code; and

(ii) the UN Number of the SSAN under the ADG Code; and

(iii) the classification of the SSAN under the ADG Code;

safety data sheet (SDS), for an SSAN, means a document in English that contains the information in relation to the SSAN that is required by —

(a) the National Code of Practice for the Preparation of Material Safety Data Sheets 2nd Edition [NOHSC: 2011 (2003)] (ISBN‑1‑920763‑10‑4); or

(b) the Preparation of Safety Data Sheets for Hazardous Chemicals ‑ Code of Practice published by Safe Work Australia in February 2016 (ISBN 978‑0‑642‑33311‑7);

Safe Work Australia means Safe Work Australia established by the Safe Work Act 2008 (Commonwealth) section 5;

secure, in relation to an SSAN, means secure from sabotage, theft, unexplained loss, and access by any person who, under these regulations, is not authorised to possess the SSAN;

secure nominee, of a licence holder, means an individual who, under regulation 9, is authorised by the holder to have unsupervised access to an SSAN in the holder’s possession;

security clearance for an individual, has the meaning given to that term by the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 16;

security sensitive ammonium nitrate (or SSAN) means a substance named in Schedule 2;

shotfiring licence means a shotfiring licence issued under the Dangerous Goods Safety (Explosives) Regulations 2007;

SSAN stands for security sensitive ammonium nitrate;

store an SSAN, does not include to put or keep the SSAN in a vehicle while transporting the SSAN;

supervised in relation to access to an SSAN, has the meaning given to that term by regulation 5(1);

supervised access by a person to an SSAN, has the meaning given to that term by regulation 5(2);

supply includes to sell;

unexplained loss of an SSAN, means any loss or apparent loss of the SSAN that cannot be explained by things such as product density changes, spillage, calibration variances and the effects of humidity;

unsupervised access by a person to an SSAN, has the meaning given to that term by regulation 5(3);

unsupervised access authorisation means an authorisation given under regulation 9 by a licence holder for an individual to have unsupervised access to an SSAN in the licence holder’s possession.

[Regulation 3 amended: Gazette 4 Oct 2011 p. 3949; 16 Mar 2012 p. 1260; 2 Dec 2013 p. 5501‑2; 5 Feb 2016 p. 361 and 363; 3 Mar 2017 p. 1476; SL 2020/193 r. 29.]

4. Examples and notes are not part of the law

Examples and notes in these regulations do not form part of them and are provided to assist understanding.

5. Supervision and related terms, meaning of

(1) For the purpose of these regulations, an individual is supervised by another person while he or she has access to an SSAN if at the time he or she —

(a) is in the presence of; or

(b) is in a place where any handling or removal of the SSAN is controlled by,

the other person.

(2) For the purpose of these regulations, an individual has supervised access to an SSAN if he or she has access to the SSAN in circumstances where he or she is supervised by a licence holder who is authorised to possess the SSAN or a secure nominee of such a licence holder.

(3) For the purpose of these regulations, an individual has unsupervised access to an SSAN if he or she has access to the SSAN in circumstances where he or she is not supervised by a licence holder who is authorised to possess the SSAN or a secure nominee of such a licence holder.

[Regulation 5 amended: Gazette 2 Dec 2013 p. 5502; 5 Feb 2016 p. 363.]

6. Application of these regulations

(1) These regulations do not apply to or in respect of an explosive.

(2) These regulations do not apply to or in respect of an SSAN if it is in the possession or under the control of —

(a) a DGO acting in the course of duty; or

(b) a police officer acting in the course of duty; or

(c) a member of the police force of another place who is in the State with the approval of the Commissioner of Police for the purposes of, or a purpose related to, law enforcement in this State, acting in the course of duty; or

(d) an officer of the Commonwealth, or a defence force of the Commonwealth, acting in the course of duty; or

(e) the air, military or naval force of another country that is in the State with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.

[Regulation 6 inserted: Gazette 2 Dec 2013 p. 5502‑3; amended: Gazette 5 Feb 2016 p. 363.]

7. These regulations prevail over other regulations

If these regulations conflict or are inconsistent with any other regulations made under the Act, other than the Dangerous Goods Safety (General) Regulations 2007, these regulations prevail.

Part 2 — Administrative matters

8. Approval of forms

(1) The Chief Officer may approve any form required for the purposes of these regulations.

(2) The form of an application to the Chief Officer may require an applicant to verify information in the form by means of a statutory declaration.

Part 3 — Security matters

9. Licence holder may authorise individuals to have access to SSAN

(1) A licence holder may authorise an individual —

(a) to have unsupervised access; or

(b) to have supervised access,

to an SSAN in the licence holder’s possession, and may cancel such an authorisation at any time.

(2) A licence holder must not, under subregulation (1)(a), authorise an individual to have unsupervised access to an SSAN unless the individual has a security clearance.

Penalty: a level 2 fine.

(3) An authorisation given under subregulation (1)(a) by a licence holder to an individual authorising unsupervised access must —

(a) be in writing; and

(b) state the following —

(i) the date on which the authorisation is given;

(ii) the name and residential address of the individual;

(iii) each type of SSAN in the licence holder’s possession to which the individual may have unsupervised access;

(iv) details about where and when the individual may have unsupervised access;

(v) each other condition imposed by the licence holder on the individual in relation to unsupervised access.

(4) An authorisation given under subregulation (1)(a) to an individual has no effect unless —

(a) it complies with subregulation (3); and

(b) the licence holder has a record that the individual has stated he or she understands the authorisation.

(5) If a secure nominee of a licence holder requests the licence holder to do so, the holder must give the nominee a copy of the unsupervised access authorisation given by the holder to the nominee.

Penalty: a level 3 fine.

(6) An unsupervised access authorisation given to an individual ceases to have effect if it is cancelled or the individual ceases to have a security clearance.

(7) A licence holder who, under subregulation (1)(b), authorises an individual to have supervised access to an SSAN must ensure the individual is supervised while having access to the SSAN by —

(a) the licence holder; or

(b) a secure nominee of the licence holder acting in accordance with the unsupervised access authorisation given by the holder to the nominee.

Penalty: a level 3 fine.

[Regulation 9 inserted: Gazette 2 Dec 2013 p. 5503‑5; amended: Gazette 5 Feb 2016 p. 363.]

10. Licence holder to keep records as to secure nominees

(1) A licence holder, for each individual who is a secure nominee of the licence holder, must keep —

(a) a proper record of the secure nominee; and

(b) a copy of each unsupervised access authorisation given by the holder to the nominee; and

while the individual is a secure nominee of the licence holder and for 2 years after the date on which the individual ceases to be a secure nominee of the holder.

Penalty: a level 2 fine.

(2) For the purpose of subregulation (1)(a), a proper record is not kept of a secure nominee unless a written record is made of this information —

(a) the name and residential address of the secure nominee;

(b) the details of each valid security card held by the secure nominee under the Dangerous Goods Safety (Explosives) Regulations 2007 Part 3 while he or she is a secure nominee;

(c) if the secure nominee does not have such a security card but is a person referred to in the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 16(3) —

(i) the details of the written authorisation referred to in that subregulation; and

(ii) if the secure nominee’s usual place of residence is in the State, the date on which he or she took up such residence in the State;

(d) if an unsupervised access authorisation given by the licence holder to the secure nominee is cancelled, the date on which it is cancelled.

[Regulation 10 inserted: Gazette 2 Dec 2013 p. 5505‑6.]

11. Duties of secure nominee

(1) A secure nominee of a licence holder must comply with each unsupervised access authorisation given by the holder to the secure nominee.

Penalty: a level 3 fine.

(2) A secure nominee of a licence holder who is in possession of an SSAN, if asked by a DGO to do so, must give the DGO the name and address of the holder.

Penalty: a level 3 fine.

[Regulation 11 inserted: Gazette 2 Dec 2013 p. 5506; amended: Gazette 5 Feb 2016 p. 363.]

Part 4 — Possession of SSANs

[Heading amended: Gazette 5 Feb 2016 p. 365.]

12. Licensing requirements

(1) A person in possession of a quantity of an SSAN at a place must hold at least one of these licences that relates to the SSAN and authorises the possession of that quantity at the place —

(a) an SSAN import/export licence;

(b) an SSAN manufacture licence;

(d) an SSAN transport licence;

(e) an interstate transport licence;

(f) an SSAN supply licence;

(g) an SSAN fertiliser licence;

(h) a shotfiring licence;

(i) an explosives manufacture (MPU) licence;

(j) an explosives manufacture licence issued under the Dangerous Goods Safety (Explosives) Regulations 2007;

(k) an explosives storage licence issued under the Dangerous Goods Safety (Explosives) Regulations 2007.

(2) A person does not have to hold a licence referred to in subregulation (1) to possess an SSAN if —

(a) the person —

(i) is a secure nominee of the holder of a licence referred to in subregulation (1) that authorises the holder to possess the SSAN in the circumstances; and

(ii) possesses the SSAN in accordance with the unsupervised access authorisation given by the holder to the nominee;

(b) the person possesses the SSAN while being supervised by the holder of a licence referred to in subregulation (1) that authorises the holder to possess the SSAN in the circumstances.

(3) A person does not have to hold a licence referred to in subregulation (1) to possess an SSAN if —

(a) the person —

(i) controls and manages a commercial laboratory; or

(ii) is employed in such a laboratory by the person who controls and manages the laboratory;

and

(b) the person possesses the SSAN in the laboratory for analytical or research purposes that do not involve the manufacture of an illegal product; and

(4) A person does not have to hold a licence referred to in subregulation (1) to possess an SSAN if —

(a) the person —

(i) is an educational institution or government organisation; or

(ii) is employed by such an institution or organisation; or

(iii) is a student at an educational institution;

and

(b) the person possesses the SSAN in a laboratory of the institution or organisation for analytical, educational or research purposes that do not involve the manufacture of an illegal product; and

(5) A person does not have to hold a licence referred to in subregulation (1) to possess an SSAN if —

(a) the person is a student at an educational institution; and

(b) a person employed by the institution holds an SSAN storage licence that authorises that person to possess the SSAN; and

Note for this regulation:

The Act s. 12 (Unlicensed possession of dangerous goods).

[Regulation 12 amended: Gazette 4 Oct 2011 p. 3950; 2 Dec 2013 p. 5506‑7; 5 Feb 2016 p. 363.]

13. Licences etc. to be carried

(1) A person who is in possession of an SSAN must carry or have in the vehicle in which he or she is travelling or at the place where he or she is —

(a) the licence that authorises the person to possess an SSAN; or

(b) if the licence is a shotfiring licence or an explosives manufacture (MPU) licence and a card has been issued to the holder under the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 168(2) in relation to the licence, the card.

Penalty: a level 3 fine.

(2) A person who is in possession of an SSAN and who holds a licence or card referred to in subregulation (1) must, if asked by a DGO to do so, immediately produce it to the DGO for inspection.

Penalty: a level 3 fine.

[Regulation 13 amended: Gazette 5 Feb 2016 p. 363‑4.]

14. Duties to keep SSAN secure

(1) In this regulation —

unauthorised person in relation to an SSAN, means a person who is not authorised under these regulations to possess the SSAN.

(2) A person in possession of an SSAN must keep it secure.

(3) A person in possession of an SSAN must take all reasonable measures to ensure that an unauthorised person does not have unsupervised access to the SSAN.

(4) A person in possession of an SSAN must immediately report to the Chief Officer and a police officer any theft, attempted theft or unexplained loss of any amount of the SSAN.

Penalty: a level 1 fine and imprisonment for 10 months.

[Regulation 14 amended: Gazette 5 Feb 2016 p. 363‑4.]

Part 5 — Import and export of SSANs

[Heading amended: Gazette 5 Feb 2016 p. 365.]

15. Terms used

In this Part, unless the contrary intention appears —

export means to export from the State to a country outside Australia;

import means to import to the State from a country outside Australia.

16. Licensing requirements

(1) A person who imports an SSAN must hold an SSAN import/export licence that authorises the import.

Penalty: a level 1 fine and imprisonment for 10 months.

(2) A person who exports an SSAN must hold an SSAN import/export licence that authorises the export.

Penalty: a level 1 fine and imprisonment for 10 months.

[Regulation 16 amended: Gazette 5 Feb 2016 p. 363‑4.]

17. Import and export, requirements prior to

The holder of an SSAN import/export licence must not import or export the SSAN to which the licence relates unless the holder has given the Chief Officer —

(a) if the SSAN is being imported — an “SSAN import notice” in respect of the SSAN at least 7 days before the date when the SSAN is expected to arrive in the State; and

(b) if the SSAN is being exported — an “SSAN export notice” in respect of the SSAN at least 7 days before the date when the SSAN is expected to leave the State; and

Penalty: a level 2 fine.

[Regulation 17 amended: Gazette 4 Oct 2011 p. 3950; 5 Feb 2016 p. 363‑4; 3 Mar 2017 p. 1476.]

18. Import and export notices, form and content of

(1) An “SSAN import notice” in respect of an SSAN must be in an approved form and contain the following —

(a) the details of the SSAN import/export licence held by the person importing the SSAN; and

(b) the name and address of both the consignee and consignor of the SSAN;

(d) the country from which the SSAN is being imported;

(e) the date when the SSAN is expected to arrive in the State;

(f) details that identify the vehicle that will transport the SSAN into the State;

(g) the port or place where the SSAN will arrive in the State;

(h) the details of the SSAN transport licence held by the person who will transport the SSAN in the State from the port or place where the SSAN arrives in the State;

(i) where the SSAN will be initially stored after it arrives in the State.

(2) An “SSAN export notice” in respect of an SSAN must be in an approved form and contain the following —

(a) the details of the SSAN import/export licence held by the person exporting the SSAN;

(b) the name and address of both the consignee and consignor of the SSAN;

(d) the date when the SSAN is expected to leave the State;

(e) the country to which the SSAN is being exported;

(f) a certificate that the export is in accordance with the law of that country.

(3) The holder of an SSAN import/export licence must keep a copy of each “SSAN import notice” or “SSAN export notice” given to the Chief Officer under this regulation for 2 years after the date of the import or export of the SSAN.

Penalty: a level 3 fine.

[Regulation 18 amended: Gazette 4 Oct 2011 p. 3950; 5 Feb 2016 p. 363‑4.]

19. Chief Officer may direct that SSAN be analysed

(1) The Chief Officer may give a person importing or exporting an SSAN a written notice that directs the person, at the person’s expense, to have the SSAN analysed by a person specified, within a period specified, and in accordance with directions specified, in the notice.

(2) A person given such a notice must obey it.

Penalty: a level 2 fine.

[Regulation 19 amended: Gazette 5 Feb 2016 p. 363‑4 and 365.]

Part 6 — Manufacture of SSANs

[Heading amended: Gazette 5 Feb 2016 p. 365.]

20. Term used: manufacture

In this Part, unless the contrary intention appears —

manufacture an SSAN, includes —

(a) to manufacture the SSAN wholly or partly from another SSAN; and

(b) to package the SSAN.

[Regulation 20 amended: Gazette 5 Feb 2016 p. 363‑4.]

21. Licensing requirements

(1) A person who manufactures an SSAN must hold an SSAN manufacture licence that relates to the SSAN and that authorises the manufacture of the SSAN.

(2) A person does not have to hold a licence referred to in subregulation (1) to manufacture an SSAN if —

(a) the person —

(i) is a secure nominee of the holder of a licence referred to in subregulation (1) that authorises the holder to manufacture the SSAN in the circumstances; and

(ii) manufactures the SSAN in accordance with the unsupervised access authorisation given by the holder to the nominee;

(b) the person manufactures the SSAN while being supervised by the holder of a licence referred to in subregulation (1) that authorises the holder to manufacture the SSAN in the circumstances.

(3) A person does not have to hold a licence referred to in subregulation (1) to manufacture an SSAN if —

(a) the person —

(i) controls and manages a commercial laboratory; or

(ii) is employed in such a laboratory by the person who controls and manages the laboratory;

and

(b) the person manufactures the SSAN in the laboratory for analytical or research purposes that do not involve the manufacture of an illegal product; and

(4) A person does not have to hold a licence referred to in subregulation (1) to manufacture an SSAN if —

(a) the person —

(i) is employed by an educational institution or government organisation; or

(ii) is a student at an educational institution;

and

(b) the person manufactures the SSAN in a laboratory of the institution or organisation for educational or research purposes that do not involve the manufacture of an illegal product; and

Note for this regulation:

The Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 21 amended: Gazette 4 Oct 2011 p. 3951; 2 Dec 2013 p. 5507; 5 Feb 2016 p. 363‑4.]

Part 7 — Storage of SSANs

[Heading amended: Gazette 5 Feb 2016 p. 365.]

22. Licensing requirements

(1) A person who stores a quantity of an SSAN at a place must hold at least one of these licences that relates to the SSAN and authorises the storage of that quantity at that place —

(a) an SSAN storage licence;

(b) an SSAN manufacture licence.

(2) A person does not have to hold a licence referred to in subregulation (1) to store an SSAN at a place if the person —

(a) holds a shotfiring licence that relates to the SSAN and stores not more than 100 kg of the SSAN for use by the person at the place; or

(b) holds an explosives storage licence issued under the Dangerous Goods Safety (Explosives) Regulations 2007 and stores the SSAN in accordance with that licence as if the SSAN were an explosive; or

(3) A person does not have to hold a licence referred to in subregulation (1) to store an SSAN if —

(a) the person controls and manages a commercial laboratory; and

(b) the person stores the SSAN in the laboratory for analytical or research purposes that do not involve the manufacture of an illegal product; and

(4) A person does not have to hold a licence referred to in subregulation (1) to store an SSAN if —

(a) the person —

(i) is an educational institution or government organisation; or

(ii) is employed by such an institution or organisation;

and

(b) the person stores the SSAN in a laboratory of the institution or organisation for analytical, educational or research purposes that do not involve the manufacture of an illegal product; and

(5) A person does not have to hold a licence referred to in subregulation (1) to store an SSAN at a place if —

(a) the person holds an SSAN transport licence; and

(b) the person stores the SSAN at the place while it is in transit; and

(d) the SSAN is not used at the place.

Note for this regulation:

The Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 22 amended: Gazette 4 Oct 2011 p. 3951; 5 Feb 2016 p. 363‑4.]

23. Storage requirements, specific

(1) In this regulation —

licensed place means a place specified in —

(a) an SSAN storage licence; or

(b) an SSAN manufacture licence,

as a place where an SSAN may be stored under the licence;

packaged SSAN means any SSAN that is in a container that is designed to store the SSAN and to be transported.

(2) A person who stores any packaged SSAN at any place must keep an inventory for the place.

(3) For the purpose of subregulation (2), an inventory is not kept for a place unless a written record is made of this information —

(a) the required details of the packaged SSAN stored at the place at any time; and

(b) the receipt into or dispatch from storage at the place of any packaged SSAN; and

(d) for each such dispatch —

(i) the name of the person to whom the packaged SSAN was dispatched; and

(ii) if a licence is needed to possess the SSAN, the person’s licence details or authority to possess the SSAN,

and is kept for 2 years after the date of each such receipt or dispatch.

(4) A person who stores any packaged SSAN at a licensed place must do a stock take of all packaged SSAN stored at the place at least once a month.

(5) For the purpose of subregulation (4), a stock take of packaged SSAN stored at a place is not done unless —

(a) the quantity of packaged SSAN stored at the place at the time of the stock take is compared to the inventory for the place at that time; and

(b) any unexplained loss is investigated; and

(c) if an unexplained loss is found, the person gives the Chief Officer a written report within one month after the stock take of —

(i) the unexplained loss; and

(ii) the findings of the investigation; and

(iii) any measures taken to ensure the unexplained loss does not occur again.

(6) A person who stores any SSAN at a licensed place must inspect the place at least once a month.

(7) For the purposes of subregulation (6), a place is not inspected unless —

(a) the means of keeping the SSANs at the place secure are inspected to see that they comply with these regulations; and

(b) any SSAN stored at the place is inspected to see that it complies with, and is stored in accordance with, these regulations; and

(c) a written record is kept for 2 years after the date of the inspection of the date and time of the inspection, the matters inspected, and the findings of the inspection.

Penalty: a level 2 fine.

[Regulation 23 amended: Gazette 5 Feb 2016 p. 363‑4 and 365.]

Part 8 — Transport of SSANs

[Heading amended: Gazette 5 Feb 2016 p. 365.]

24. Licensing requirements

(1) A person who transports a quantity of an SSAN on a road that is open to or used by the public or by rail must hold an SSAN transport licence that relates to that quantity of the SSAN.

(2) A person does not have to hold a licence referred to in subregulation (1) to transport an SSAN if the person —

(a) holds an SSAN fertiliser licence that relates to the SSAN and transports the SSAN for use by the person; or

(b) holds a shotfiring licence that relates to the SSAN and transports the SSAN for use by the person; or

(c) holds an explosives manufacture (MPU) licence that relates to the SSAN and transports the SSAN in a mobile processing unit, as that term is defined in the Dangerous Goods Safety (Explosives) Regulations 2007.

(3) A person does not have to hold a licence referred to in subregulation (1) to transport an SSAN if the person —

(a) is a secure nominee of the holder of such a licence that authorises the holder to transport the SSAN; and

(b) transports the SSAN in accordance with the unsupervised access authorisation given by the holder to the nominee.

(4) A person does not have to hold a licence referred to in subregulation (1) to transport an SSAN if —

(a) the person —

(i) controls and manages a commercial laboratory; or

(ii) is employed in such a laboratory by the person who controls and manages the laboratory;

and

(b) the person transports the SSAN for analytical or research purposes in the laboratory that do not involve the manufacture of an illegal product; and

(5) A person does not have to hold a licence referred to in subregulation (1) to transport an SSAN if —

(a) the person is employed by an educational institution or government organisation; and

(b) the person transports the SSAN for analytical, educational or research purposes at the institution or organisation that do not involve the manufacture of an illegal product; and

(6) A person does not have to hold a licence referred to in subregulation (1) to transport an SSAN if the person holds an interstate transport licence that authorises the person to transport the SSAN in that State or Territory.

Note for this regulation:

The Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 24 amended: Gazette 2 Dec 2013 p. 5507; 5 Feb 2016 p. 363‑4.]

25. Interstate licences, compliance with etc.

(1) A person who transports an SSAN pursuant to an interstate transport licence must comply with any condition to which the licence is subject.

Penalty: a level 1 fine.

[(2) deleted]

(3) A person who transports an SSAN pursuant to an interstate transport licence must comply with any security plan that relates to the licence.

Penalty: a level 2 fine.

(4) A DGO may direct a person who transports an SSAN and who purportedly holds an interstate transport licence to produce the licence to the DGO.

(5) A person given a direction under subregulation (4) must obey it.

Penalty: a level 2 fine.

[Regulation 25 amended: Gazette 4 Oct 2011 p. 3951; 5 Feb 2016 p. 363‑4.]

26. Security breach, duty to report

A person who transports an SSAN must immediately report to the Chief Officer and a police officer any unlawful use, or attempted unlawful use, of a vehicle being used to transport the SSAN.

Penalty: a level 2 fine.

[Regulation 26 amended: Gazette 5 Feb 2016 p. 363‑4.]

Part 9 — Supply of SSANs

[Heading amended: Gazette 5 Feb 2016 p. 365.]

27. Licensing requirements

(1) A person who supplies a quantity of an SSAN to another person must hold at least one of these licences that relates to the SSAN and authorises the supply of that quantity —

(a) an SSAN import/export licence;

(b) an SSAN manufacture licence;

(d) an SSAN transport licence;

(e) an SSAN supply licence.

(2) A person does not have to hold a licence referred to in subregulation (1) to supply an SSAN if —

(a) the person —

(i) is a secure nominee of the holder of a licence referred to in subregulation (1) that authorises the holder to supply the SSAN in the circumstances; and

(ii) supplies the SSAN in accordance with the unsupervised access authorisation given by the holder to the nominee;

(b) the person supplies the SSAN while being supervised by the holder of a licence referred to in subregulation (1) that authorises the holder to supply the SSAN in the circumstances.

(3) A person does not have to hold a licence referred to in subregulation (1) to supply an SSAN if the person holds a shotfiring licence that relates to the SSAN and —

(a) in the course of manufacturing an explosive for use by another person who holds a shotfiring licence that relates to the SSAN, supplies the SSAN to that person; or

(b) in the course of manufacturing and detonating an explosive as a service provided to another person who does not hold a shotfiring licence that relates to the SSAN —

(i) supplies the SSAN to that person; and

(ii) does not give possession or the control or management of the explosive to the other person.

(4) A person does not have to hold a licence referred to in subregulation (1) to supply an SSAN if the person —

(a) holds an explosives manufacture (MPU) licence that relates to the SSAN; and

(b) in the course of manufacturing an explosive for use by another person who holds a shotfiring licence that relates to the SSAN, supplies the SSAN to that person by means of an MPU; and

(c) does not give possession or the control or management of the explosive to a person who is not authorised to possess it under the Dangerous Goods Safety (Explosives) Regulations 2007.

(5) A person does not have to hold a licence referred to in subregulation (1) to supply an SSAN if —

(a) the person —

(i) controls and manages a commercial laboratory; or

(ii) is employed in such a laboratory by the person who controls and manages the laboratory;

and

(b) the person supplies the SSAN for analytical or research purposes in the laboratory that do not involve the manufacture of an illegal product; and

(6) A person does not have to hold a licence referred to in subregulation (1) to supply an SSAN if —

(a) the person —

(i) is an educational institution or government organisation; or

(ii) is employed by such an institution or organisation; or

(iii) is a student at an educational institution;

and

(b) the person supplies the SSAN for analytical, educational or research purposes in a laboratory of the institution or organisation that do not involve the manufacture of an illegal product; and

Note for this regulation:

The Act s. 11 (Unlicensed person involved with dangerous goods).

[Regulation 27 amended: Gazette 4 Oct 2011 p. 3951; 2 Dec 2013 p. 5508; 5 Feb 2016 p. 363‑4.]

28. Suppliers, duties of

(1) This regulation does not apply to the supply of an SSAN by a person in circumstances described in regulation 27(3) or (6).

(2) A person (A) must not supply a quantity of an SSAN to a person (B) unless B has produced to A, either at or within a reasonable period before the time of supply —

(a) proof of the identity of B in the form of —

(i) a passport; or

(ii) a driver’s licence issued in Australia; or

(iia) a photo card as defined in the Western Australian Photo Card Act 2014 section 3; or

(iii) a security card issued under the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 20,

that shows B’s photograph; and

(b) evidence that B is authorised, whether under a licence or not, to possess that quantity of the SSAN under —

(i) these regulations; or

(ii) if the other person is in a place outside the State, the law of that place.

(3) A person, other than the holder of a shotfiring licence or an explosives manufacture (MPU) licence, who supplies an SSAN to another person must make a written record of this information —

(a) the date of supply;

(b) the name and address of the other person;

(i) these regulations; or

(ii) if the other person is in a place outside the State, the law of that place;

(d) the required details of the SSAN supplied,

and keep it for 2 years after the date of the supply of the SSAN.

Penalty: a level 1 fine and imprisonment for 10 months.

[Regulation 28 amended: Gazette 4 Oct 2011 p. 3951‑2; 5 Feb 2016 p. 362 and 363‑4.]

Part 10 — Licences

Division 1 — Preliminary

29. Terms used

In this Part —

licence means any of the following —

(a) an SSAN import/export licence;

(b) an SSAN manufacture licence;

(d) an SSAN transport licence;

(e) an SSAN supply licence;

(f) an SSAN fertiliser licence;

relevant offence means any of the following —

(a) an offence against the Act or these or any other regulations made under the Act;

(b) an offence against a law of another place that substantially corresponds to the Act;

(c) an offence against the law of this State or another place an element of which is the handling, storage or transport of explosives.

[Regulation 29 amended: Gazette 5 Feb 2016 p. 363‑4.]

Division 2 — General provisions

30. Applying for a licence

(1) An application for a licence must —

(a) be in an approved form; and

(b) be accompanied by any document that is required by the approved form; and

(da) if the application is not accompanied by a certificate given under subregulation (5), a checking fee equal to the amount (if any) required to be paid under paragraph (c); and

(d) be made to the Chief Officer.

(2) An application for a licence by an individual must disclose —

(a) the details of any relevant offence of which he or she has been convicted; and

(b) the details of any charge of a relevant offence against him or her that is pending.

(3) An application by a body corporate or a partnership must be accompanied by proof of the incorporation of the body or of the existence of the partnership.

(4) In addition to any document that may be required by the approved form for the application, an application for any of the following —

(a) an SSAN manufacture licence;

(b) an SSAN storage licence;

(d) an SSAN fertiliser licence,

must be accompanied by a security plan that is in writing and complies with regulation 31.

(5) In addition to any document that is required to accompany the application, an application for a licence may be accompanied by a certificate that complies with subregulation (6) and is signed by a person approved by the Chief Officer.

(6) A certificate given by a person under subregulation (5) must certify that the person —

(a) has read the application; and

(b) is satisfied the application complies with this regulation; and

(c) if the application is accompanied by a document for the purposes of subregulation (3), is satisfied the document complies with that subregulation; and

(d) if the application is accompanied by a security plan —

(i) has read the security plan; and

(ii) is satisfied the plan complies with regulation 31; and

(iii) unless the application is for an SSAN fertiliser licence, has done an assessment of the risks referred to in regulation 31(2)(a) and is satisfied the applicant has taken or will take all reasonably practicable measures to minimise those risks in relation to the SSAN to which the licence would relate;

and

(e) if the licence would relate to a site, is satisfied the site can be operated in accordance with these regulations.

[Regulation 30 amended: Gazette 16 Mar 2012 p. 1260; 2 Dec 2013 p. 5508‑9; 5 Feb 2016 p. 363‑4.]

31. Security plans

(1) In this regulation —

authorised person in relation to an SSAN, means a person who is authorised under these regulations to possess the SSAN.

(2) Unless this regulation says otherwise, a security plan for the purposes of any licence referred to in regulation 30(4) must include the following —

(a) an assessment of the risks of the sabotage, theft or unexplained loss of, or access by any unauthorised person to, any SSAN possessed under the licence;

(b) the measures that will be taken to ensure there is an ongoing assessment of those risks;

(i) to minimise those risks; and

(ii) to keep any such SSAN secure;

(d) the measures that will be taken to ensure that structures and things used to keep any such SSAN secure are inspected regularly and maintained;

(e) the measures that will be taken to control and monitor people’s access to any such SSAN;

(f) the measures that will be taken to ensure that any individual who is not an authorised person is supervised at any time he or she has access to any such SSAN;

(g) the measures that will be taken to ensure a record is kept of the name and address of every individual who has supervised or unsupervised access to any such SSAN;

(h) the measures that will be taken to ensure that people who may have access to any such SSAN are instructed about and comply with —

(i) the Act and these regulations; and

(ii) the security plan;

(i) the measures that will be taken to monitor, and ensure compliance, with the security plan;

(j) the measures that will be taken to ensure the security plan and its effectiveness are reviewed regularly and that the plan is revised if necessary;

(ka) the measures that will be taken to minimise the risk of any unauthorised person gaining access to the security plan;

(k) the measures that will be taken to ensure a record is kept of measures taken under the security plan.

(3) In addition to the matters required by subregulation (2), a security plan for the purposes of an SSAN manufacture licence, or an SSAN storage licence, must include the following —

(a) the address and a site plan of the place to which the licence will relate (the site);

(b) the measures that will be taken to ensure that the required details of any SSAN manufactured or received at, or despatched from, the site are recorded and reconciled;

(c) the measures that will be taken to ensure that no SSAN at the site is supplied to a person unless the person is an authorised person;

(d) the measures that will be taken to ensure that a record is kept of —

(i) the details of any person to whom an SSAN at the site is supplied and the person’s authority under these regulations to possess the SSAN; and

(ii) the required details of the SSAN supplied;

(e) the measures that will be taken to ensure any unlawful entry or attempted unlawful entry to the site or any theft, attempted theft, or unexplained loss, of any SSAN at the site is investigated and reported to the Chief Officer and a police officer.

(4) In addition to the matters required by subregulation (2), a security plan for the purposes of an SSAN transport licence must include the following —

(a) the measures that will be taken to ensure that any SSAN is loaded for transport and unloaded after transport at a place where the SSAN is secure;

(b) the measures that will be taken to monitor at all times the location of any SSAN while it is being transported;

(c) the measures that will be taken to ensure that the required details of any SSAN being transported is recorded at the beginning and end of the journey and reconciled;

(d) the measures that will be taken to ensure that no SSAN is consigned for transport by or to a person unless the person is an authorised person;

(e) the measures that will be taken to ensure that a record is kept of —

(i) the details of the consignor and consignee of any SSAN being transported and their authority under these regulations to possess the SSAN; and

(ii) the required details of the SSAN supplied;

(f) the measures that will be taken to ensure any unlawful entry to or use of a vehicle used to transport any SSAN, or any attempted such entry or use, or any theft, attempted theft or unexplained loss of any SSAN while it is being transported is investigated and reported to the Chief Officer.

(5) A security plan for the purposes of an SSAN fertiliser licence must include the following —

(a) the material listed in subregulation (2)(d) to (k);

(b) such of the material required in a security plan under subregulation (3) or (4) as is relevant to the activities relating to any SSAN that will be conducted by the holder of the licence.

[Regulation 31 amended: Gazette 4 Oct 2011 p. 3952; 2 Dec 2013 p. 5510; 5 Feb 2016 p. 363‑4.]

32. Dealing with applications

(1) In this regulation, a legitimate purpose for an SSAN is —

(a) using it to commercially and lawfully manufacture explosives that have commercial application; or

(b) using it to commercially and lawfully manufacture a product that is not and does not contain an SSAN or an illegal product; or

(d) using it for analytical, educational or research purposes that do not involve the manufacture of illegal products.

(2) For the purposes of deciding an application for a licence, the Chief Officer may request the applicant —

(a) to give the Chief Officer any other information that is reasonably necessary in order to decide the application;

(b) to permit the Chief Officer to inspect any place or vehicle to which the licence would relate;

(3) An applicant who does not obey such a request within 21 days after the date on which it is made, or any longer period permitted by the Chief Officer, is to be taken to have withdrawn the application and is entitled to a refund of the annual fee.

(4) In making a request under this regulation, the Chief Officer may require an applicant to verify information by means of a statutory declaration.

(5) On an application for a licence, the Chief Officer may refuse the application or, subject to this regulation, issue the licence.

(6) The Chief Officer must not issue the licence unless satisfied —

(a) that the application is made in accordance with regulation 30; and

(b) if the applicant is an individual, that he or she —

(i) has reached 21 years of age; and

(ii) has a security clearance that was issued not more than 5 years prior to the date of the application;

and

[(c) deleted]

(d) that any SSAN that the applicant intends to possess under the licence will, while it is in the possession of the applicant, be secure, so far as is reasonably practicable; and

(e) if under regulation 30(4) a security plan is required to accompany the application, that the plan —

(i) complies with regulation 31; and

(ii) adequately assesses the risks that it is required to assess; and

(iii) contains provisions that are adequate to minimise those risks.

(7) The Chief Officer must not issue the licence unless satisfied —

(a) if the application is for an SSAN import/export licence — that the applicant conducts a business that involves importing or exporting an SSAN for a legitimate purpose or in order to supply it for a legitimate purpose;

(b) if the application is for an SSAN manufacture licence —that the applicant conducts a business that involves manufacturing an SSAN for a legitimate purpose or in order to supply it for a legitimate purpose;

(c) if the application is for an SSAN storage licence — that the applicant conducts a business that involves storing an SSAN that has a legitimate purpose;

[(d), (e) deleted]

(f) if the application is for an SSAN fertiliser licence — that the applicant conducts a business that requires the possession of an SSAN for use as a fertiliser in primary production.

[Regulation 32 amended: Gazette 16 Mar 2012 p. 1260; 2 Dec 2013 p. 5510; 5 Feb 2016 p. 362 and 363‑4.]

33. Body corporate and partnership to have qualified officer

(1) In this regulation —

officer, of a body corporate or a partnership, means an individual who is concerned in the management of, or employed by, the body or partnership;

qualified officer, of a body corporate or a partnership that holds a licence, means an officer of the body or partnership who —

(a) has reached 21 years of age; and

(b) is competent to keep any SSAN possessed under the licence secure; and

(2) A body corporate or a partnership that holds a licence must have one or more qualified officers.

Penalty: a level 3 fine.

(3) A body corporate or a partnership that holds a licence must keep a proper record of at least one of its qualified officers.

Penalty: a level 3 fine.

(4) For the purpose of subregulation (3), a proper record is not kept of a qualified officer unless a written record is made of this information —

(a) the officer’s personal details;

(b) the officer’s date of birth;

(d) details of the security clearance held by the officer,

and is kept while the officer is, and for 2 years after the date on which the officer ceases to be, an officer of the body corporate or partnership.

(5) The Chief Officer at any time may direct an individual who is recorded by a body corporate or a partnership under subregulation (3) to demonstrate to the Chief Officer that he or she is competent to keep any SSAN possessed under the licence secure.

(6) The power in subregulation (5) may be exercised whether or not the individual is an officer of the body corporate or partnership.

(7) A person who does not comply with a direction given under subregulation (5) commits an offence.

Penalty: a level 3 fine.

[Regulation 33 inserted: Gazette 2 Dec 2013 p. 5510‑12; amended: Gazette 5 Feb 2016 p. 362 and 363‑4.]

34. Conditions of licences

(1) A licence may include any of these conditions that the Chief Officer thinks fit —

(a) a condition that the licence relate to one SSAN or more than one, specified in the licence;

(b) a condition that the licence relate to a maximum quantity of an SSAN specified in the licence;

(c) any condition that is reasonably necessary to ensure, so far as is practicable, that any SSAN to which the licence relates will be secure.

(2) Such a condition must be specified in a licence when it is issued.

[Regulation 34 amended: Gazette 5 Feb 2016 p. 362 and 363‑4.]

35. Duration of licences

(1A) In this regulation —

existing licence means a licence that, immediately before 1 April 2012, is in effect.

(1B) This regulation is subject to the Dangerous Goods Safety (General) Regulations 2007 regulation 15.

(1C) Each existing licence has effect for 5 years commencing on —

(a) if it has never been renewed, the date on which it was issued; or

(b) if it has been renewed, the date on which the last renewal took effect,

unless it is cancelled in that period.

(1D) A licence issued on or after 1 April 2012 has effect for 5 years unless it is cancelled in that period.

[(1) deleted]

(2) A licence is to be taken to have been cancelled if —

(a) it ceases to have effect under these regulations; or

(b) the holder, being a body corporate or a partnership is dissolved; or

(i) dies; or

(ii) ceases to have a security clearance.

[Regulation 35 amended: Gazette 16 Mar 2012 p. 1260.]

36. Form of licences

A licence must be in writing in such form as the Chief Officer decides.

37. Licences not transferable etc.

(1) A licence is valid only for the person to whom it is issued.

(2) A licence that relates to a place specified in it is valid only for that place.

(3) A licence that relates to an SSAN specified in it is valid only for that SSAN.

(4) A licence that relates to a maximum quantity of an SSAN specified in it is valid only for that quantity.

[Regulation 37 amended: Gazette 5 Feb 2016 p. 363‑4.]

38. Licences may be surrendered

(1) A licence holder may surrender the licence by giving it to the Chief Officer with written notice that it is being surrendered.

(2) On being so notified the Chief Officer must cancel the licence.

39. Lost licences may be replaced

If the Chief Officer is satisfied that a licence has been destroyed, lost or stolen, the Chief Officer may issue the holder of the licence a replacement licence.

40. Amending licences

(1) In this regulation —

amend, a licence, includes —

(a) to amend the licence to delete the name of the holder of the licence and substitute another; and

(b) to amend, include and remove a condition of the licence.

(2) A licence holder may apply to amend the licence.

(3) The application must —

(a) be in an approved form; and

(b) be accompanied by any document that is required by the approved form; and

(4) On such an application, the Chief Officer may refuse the application, or grant it and amend the licence.

(5) If, after a licence is issued, the Chief Officer wants to amend the licence in a material way, the Chief Officer must —

(a) give the licence holder written notice of the proposal; and

(b) except where the removal of a condition is proposed, give the licence holder a reasonable opportunity to make submissions about the proposal; and

(d) give the licence holder written notice of the decision.

(6A) Regulation 32, with any necessary changes, applies in relation to dealing with an application to amend a licence as if it were an application for a licence.

(6B) Regulations 34 and 35, with any necessary changes, apply in relation to amending a licence in the same way as they apply to issuing a licence.

(6) If the Chief Officer decides to amend a licence, the Chief Officer must give the licence holder written notice of the decision that —

(a) states the date (being a date no earlier than the date on which the notice is received by the holder) on which the decision takes effect; and

(b) is accompanied by a replacement licence the terms of which incorporate the amendment.

(7) A decision by the Chief Officer to amend a licence has effect on the date specified in the written notice.

[Regulation 40 amended: Gazette 2 Dec 2013 p. 5512.]

41. Licences, renewal of

(1) The Chief Officer must renew a licence that is about to expire due to the passage of time (the existing licence) unless —

(a) the holder of the existing licence is dead or, being a body corporate or partnership, is dissolved; or

(b) the holder of the existing licence does not want it renewed; or

(d) the annual fee payable for the first year of the new licence has not been paid.

(2) To renew an existing licence the Chief Officer must grant a new licence that has effect immediately after the existing licence expires and the terms of which are the same as those of the existing licence.

[Regulation 41 inserted: Gazette 16 Mar 2012 p. 1261.]

Division 3 — Suspending and cancelling licences

42. Suspending or cancelling licences, grounds for

(1) Grounds to suspend a licence exist if —

(a) either —

(i) the holder; or

(ii) an individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder,

is charged in this State or elsewhere with a relevant offence; or

(b) there are reasonable grounds to suspect the holder —

(i) has not complied with the licence; or

(ii) has not complied with the Act or these or any other regulations made under the Act; or

(iii) in purported compliance with the Act, these regulations, or the licence, gave false or misleading information.

(2) Grounds to suspend or cancel a licence exist if —

(a) either —

(i) the holder; or

(ii) an individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder,

is convicted in this State or elsewhere of a relevant offence; or

(b) the holder has not paid an annual fee for the licence in accordance with regulation 46A; or

(c) the holder has not paid a fee in accordance with the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 regulation 34.

[Regulation 42 amended: Gazette 16 Mar 2012 p. 1261; 2 Dec 2013 p. 5513.]

43. Suspending or cancelling licences, procedure for

(1) This regulation applies if the Chief Officer considers there are grounds to suspend or cancel a licence and proposes to suspend or cancel it (the proposed action), unless regulation 44 applies.

(2) The Chief Officer must give the licence holder a written notice that contains this information —

(a) the proposed action;

(b) the grounds for the proposed action and the evidence for them;

(c) if the Chief Officer proposes to suspend the licence, the suspension period (either as a period of time or by reference to a future event);

(d) that the holder is entitled to give the Chief Officer written submissions about the proposed action;

(e) the date (the submission date), being at least 28 days after the date on which the notice is given to the holder, by which any such submissions must be given.

(3) If after the submission date the Chief Officer, having considered any submissions received from the holder before that date, is satisfied there are grounds to do so, he or she may —

(a) if the notice stated it was proposed to suspend the licence — suspend the licence for not longer than the suspension period stated in the notice;

(b) if the notice stated it was proposed to cancel the licence — either cancel or suspend the licence.

(4) The Chief Officer must give the holder written notice of any decision to, or not to, suspend or cancel the licence with written reasons for any decision to suspend or cancel the licence.

(5) The suspension or cancellation of the licence has effect when the holder is given the notice or on any later date stated in it.

44. Suspension in urgent circumstances

(1) If the Chief Officer is satisfied —

(a) there are grounds to suspend or cancel a licence; and

(b) that if the procedure in regulation 43 were followed, an unacceptable risk in relation to an SSAN in relation to people, property or the environment would exist while it is followed,

he or she may suspend the licence for such period as he or she decides by giving the holder of the licence a written notice of the suspension and the suspension period (stated either as a period of time or by reference to a future event) and written reasons for the decision.

(2) The suspension has effect when the holder is given the notice or on any later date stated in it.

(3) This regulation does not prevent the Chief Officer from also taking action under regulation 43 to cancel a licence.

[Regulation 44 amended: Gazette 5 Feb 2016 p. 363‑4.]

45. Suspension or cancellation, general matters

(1) If the Chief Officer suspends or cancels a licence, the holder must return it to the Chief Officer within 14 days after the date of receiving the notice.

(2) A person who receives such a notice and who, without a reasonable excuse, does not return the licence commits an offence.

Penalty: a level 3 fine.

(3) The Chief Officer may terminate the suspension of a licence at any time by giving the holder a written notice of the fact.

Division 4 — Duties of licence holders

46A. Annual fees for licences

(1) In this regulation —

grace period means the 3 month period referred to in subregulation (3).

(2) An annual fee is not payable under this regulation in respect of a licence if the licence relates to a place specified in it and a fee is payable under the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 regulation 34 in respect of the place.

(3) The holder of a licence must pay the annual fee (if any) for the licence before, on or within 3 months after —

(a) if under the Dangerous Goods Safety (General) Regulations 2007 regulation 15 the Chief Officer has set a due date for the licence — the due date in each year;

(b) in any other case, each anniversary of —

(i) if the licence has never been renewed, the date on which it was granted; or

(ii) if the licence has been renewed, the date on which the last renewal took effect.

(4) If an annual fee is paid in the grace period, the holder must pay, with the annual fee, a late payment fee of $41.00.

[Regulation 46A inserted: Gazette 16 Mar 2012 p. 1261‑2; amended: Gazette 2 Dec 2013 p. 5513‑14; 26 Jun 2015 p. 2264; 24 Jun 2016 p. 2328; 23 Jun 2017 p. 3289; 25 Jun 2018 p. 2304; 18 Jun 2019 p. 2044.]

46. Licence holder to notify Chief Officer of certain convictions and charges

If —

(a) the holder of a licence; or

(b) an individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder,

is charged with or convicted of a relevant offence, in this State or elsewhere, the holder must give the Chief Officer written notice of the fact as soon as practicable.

Penalty: a level 3 fine.

[Regulation 46 inserted: Gazette 2 Dec 2013 p. 5514.]

47. Condition of licence, contravening

(1) A licence holder must not contravene a condition of the licence.

Penalty: a level 1 fine and imprisonment for 10 months.

[(2) deleted]

[Regulation 47 amended: Gazette 4 Oct 2011 p. 3952.]

Part 11 — Miscellaneous matters

48. Safety management document prescribed (Act s. 3)

A security plan that relates to a licence referred to in regulation 30(4) is prescribed to be a safety management document for the purposes of the definition of safety management document in the Act section 3.

49. False or misleading information, offences

(1) A person must not record any information that the person knows is false or misleading in a plan, record or report that is required to be made or kept under these regulations.

Penalty: a level 1 fine and imprisonment for 10 months.

(2) A person must not give materially false or misleading information in, or in connection with —

(a) any notice that the person is required to give to another person under these regulations; or

(b) an application for or in relation to a licence; or

(d) any certificate that may be given under these regulations.

Penalty: a level 1 fine and imprisonment for 10 months.

[Regulation 49 amended: Gazette 2 Dec 2013 p. 5514‑15.]

50. Security plan, duties in respect of

(1) In this regulation —

licence means a licence referred to in regulation 30(4).

(2) It is a condition of a licence that the holder obey the security plan that relates to the licence.

(3) If a body corporate or a partnership is the holder of a licence, each individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder must ensure the security plan that relates to the licence is complied with by the body corporate or partnership.

(4) If the holder of a licence is a body corporate or a partnership, each individual concerned in the management of, or employed by, the body or partnership must obey the security plan that relates to the licence.

Penalty: a level 2 fine.

[Regulation 50 amended: Gazette 2 Dec 2013 p. 5515; 5 Feb 2016 p. 362.]

51. Prescribed offences and modified penalties (Act s. 56)

For the purposes of the Act section 56 —

(a) each offence under these regulations the penalty for which is a level 2 fine or a level 3 fine is a prescribed offence unless the provision creating the offence is listed in the Table to this regulation; and

(b) the modified penalty for each such offence is 10% of the maximum fine for the offence under these regulations.

Table

Provision	Provision	Provision
r. 50(2)	r. 50(4)

Note for this regulation:

The Dangerous Goods Safety (General) Regulations 2007 prescribe the form of an infringement notice and other matters for the purposes of the Act s. 56.

[52. Deleted: SL 2021/85 r. 13.]

[Part 12 (r. 53) deleted: Gazette 4 Oct 2011 p. 3952.]

Schedule 1 — Annual fees

[r. 3]

[Heading inserted: SL 2025/90 r. 10.]

Item	Annual fee	Fee ($)
1.	Annual fee for a licence (r. 30(1)(c) and 46A) —
	(a) SSAN import/export licence	237.00
	(b) SSAN manufacture licence	443.00
	(c) SSAN storage licence	208.00
	(d) SSAN transport licence	222.00
	(e) SSAN supply licence	191.00
	(f) SSAN fertiliser licence	72.00

[Schedule 1 inserted: SL 2025/90 r. 10.]

Schedule 2 — Security sensitive ammonium nitrate

[r. 3]

[Heading amended: Gazette 5 Feb 2016 p. 363.]

Ammonium nitrate, substances containing

Any substance that contains more than 45% ammonium nitrate is a security sensitive ammonium nitrate unless —

(a) it is an explosive; or

(b) it is an aqueous solution, being a homogenous mixture of 2 or more components in a single phase.

[Clause 1 amended: Gazette 5 Feb 2016 p. 363.]

dline

Notes

This is a compilation of the Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Dangerous Goods Safety (Security Risk Substances) Regulations 2007 1	31 Dec 2007 p. 6719-75	r. 1 and 2: 31 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2008 (see r. 2(b) and Gazette 29 Feb 2008 p. 669)
Dangerous Goods Safety (Security Risk Substances) Amendment Regulations (No. 2) 2010	25 Jun 2010 p. 2877-8	r. 1 and 2: 25 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))
Dangerous Goods Safety (Security Risk Substances) Amendment Regulations 2011	4 Oct 2011 p. 3949‑52	r. 1 and 2: 4 Oct 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Oct 2011 (see r. 2(b))
Dangerous Goods Safety (Security Risk Substances) Amendment Regulations (No. 2) 2012	16 Mar 2012 p. 1259‑62	r. 1 and 2: 16 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Apr 2012 (see r. 2(b))
Dangerous Goods Safety (Security Risk Substances) Amendment Regulations 2013	2 Dec 2013 p. 5499‑515	r. 1 and 2: 2 Dec 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2014 (see r. 2(b))
*Reprint 1: The Dangerous Goods Safety (Security Risk Substances) Regulations 2007* as at 21 Feb 2014** (includes amendments listed above)
Dangerous Goods Safety (Security Risk Substances) Amendment Regulations 2015	26 Jun 2015 p. 2263‑4	r. 1 and 2: 26 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))
Dangerous Goods Safety Regulations Amendment Regulations 2016 Pt. 6	5 Feb 2016 p. 343‑68	6 Feb 2016 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Levies) Regulations 2016 Pt. 5	24 Jun 2016 p. 2325-34	1 Jul 2016 (see r. 2(b))
Dangerous Goods Safety Regulations Amendment Regulations 2017 Pt. 4	3 Mar 2017 p. 1474-82	4 Mar 2017 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 5	23 Jun 2017 p. 3279‑309	1 Jul 2017 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 5	25 Jun 2018 p. 2297‑324	1 Jul 2018 (see r. 2(b))
*Reprint 2: The Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007* as at 16 Nov 2018** (includes amendments listed above)
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 5	18 Jun 2019 p. 2040‑56	1 Jul 2019 (see r. 2(b))
Mines and Petroleum Regulations Amendment (COVID‑19 Response) Regulations 2020 Pt. 4	SL 2020/103 29 Jun 2020	Repealed by SL 2020/104 r. 3 prior to commencement
Mines and Petroleum Regulations Amendment (COVID‑19 Response) Repeal Regulations 2020	SL 2020/104 29 Jun 2020	29 Jun 2020 (see r. 2)
Dangerous Goods Safety Regulations Amendment Regulations 2020 Pt. 5	SL 2020/193 9 Oct 2020	10 Oct 2020 (see s. 2(c))
Mines and Petroleum Regulations Amendment (COVID‑19 Response) Regulations (No. 2) 2020 Pt. 4	SL 2020/197 27 Oct 2020	28 Oct 2020 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 5	SL 2021/85 21 Jun 2021	1 Jul 2021 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 5	SL 2022/58 20 May 2022	1 Jul 2022 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 5	SL 2023/36 5 May 2023	1 Jul 2023 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 4	SL 2024/97 12 Jun 2024	1 Jul 2024 (see r. 2(b))
Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 5	SL 2025/90 11 Jun 2025	1 Jul 2025 (see r. 2(b))

Other notes

1 Now known as the Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007; citation changed (see note under r. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

A 28(2)

access 3

Act 3

ADG Code 3

amend 40(1)

annual fee 3

approved form 3

authorised person 31(1)

commercial laboratory 3

educational institution 3

existing licence 35(1A), 41(1)

explosive 3

explosives manufacture (MPU) licence 3

export 15

government organisation 3

grace period 46A(1)

holder 3

illegal product 3

import 15

interstate transport licence 3

level 1 fine 3

level 2 fine 3

level 3 fine 3

licence 3, 29, 50(1)

licensed place 23(1)

manufacture 20

officer 33(1)

packaged 23(1)

personal details 3

proposed action 43(1)

qualified officer 33(1)

relevant offence 29

required details 3

safety data sheet 3

Safe Work Australia 3

SDS 3

secure 3

secure nominee 3

security clearance 3

security sensitive ammonium nitrate 3

shotfiring licence 3

site 31(3)

SSAN 3

store 3

submission date 43(2)

supervised 3

supervised access 3

supply 3

unauthorised person 14(1)

unexplained loss 3

unsupervised access 3

unsupervised access authorisation 3

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007

Western Australia

Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1
Terms used 1
Examples and notes are not part of the law 5
Supervision and related terms, meaning of 6
Application of these regulations 6
These regulations prevail over other regulations 7

Part 2 — Administrative matters

Approval of forms 8

Part 3 — Security matters

Licence holder may authorise individuals to have access to SSAN 9
Licence holder to keep records as to secure nominees 10
Duties of secure nominee 11

Part 4 — Possession of SSANs

Licensing requirements 13
Licences etc. to be carried 15
Duties to keep SSAN secure 16

Part 5 — Import and export of SSANs

Terms used 17
Licensing requirements 17
Import and export, requirements prior to 17
Import and export notices, form and content of 18
Chief Officer may direct that SSAN be analysed 19

Part 6 — Manufacture of SSANs

Term used: manufacture 20
Licensing requirements 20

Part 7 — Storage of SSANs

Licensing requirements 22
Storage requirements, specific 23

Part 8 — Transport of SSANs

Licensing requirements 26

Security sensitive ammonium nitrate (SSAN)

Defined as any substance containing more than 45% ammonium nitrate apart from explosives or aqueous solutions (Schedule 2). The definition anchors all other obligations. Where a material crosses the 45% threshold it becomes a regulated commodity for licensing, controls and reporting (Schedule 2).

Licensing architecture

Activity‑based licences are required for possession, import/export, manufacture, storage, transport and supply (regs 12, 16, 21, 22, 24, 27). The Regulations also recognise related licences such as shotfiring and explosives manufacture licences and interstate transport licences (r 3, r 12(1)). A licence may be limited in scope by SSAN type, place, and quantity (r 34, r 37).

Security plan as regulatory centrepiece

Security plans are mandatory with applications for manufacture, storage, transport and fertiliser licences (r 30(4)). Regulation 31 prescribes the content: risk assessments of sabotage, theft and unexplained loss; ongoing risk assessment processes; access control and monitoring measures; training and compliance monitoring; protection of the plan itself; and measures tailored for manufacture/storage sites (site plans, reconciliation measures), and transport (loading/unloading security, tracking and vehicle security). The security plan is formally a safety management document for the Act (r 48), which elevates its regulatory significance and links penalties to non‑compliance (r 50).

Access control and personnel vetting

The Regulations differentiate supervised and unsupervised access (r 5). Unsupervised access requires a security clearance and a written unsupervised access authorisation that contains prescribed content (r 9(2)-(4)). Licence holders may authorise individuals to have access but must keep records of secure nominees and unsupervised access authorisations for two years after cessation (r 10). Bodies and partnerships must nominate qualified officers , individuals over 21, competent to keep SSAN secure and holding a security clearance issued within the prior five years (r 33).

Recordkeeping, inventory and reconciliation

Packaged SSAN stored at any place must be inventoried and records of receipts and dispatches kept for two years (r 23(2)-(3)). Licensed places must perform monthly stocktakes and inspections, investigate unexplained losses, and report to the Chief Officer and police in defined circumstances (r 23(4)-(7), r 14(4)).

Import/export and analysis powers

Importers and exporters must hold the appropriate import/export licence and give 7 days notice to the Chief Officer (r 16-18). SDS provision is mandatory (r 17(c)). The Chief Officer can direct that the SSAN be analysed at the importer/exporter’s expense (r 19).

Transport and interstate recognition

Transport on public roads or rail requires an SSAN transport licence, subject to limited exemptions (r 24). Interstate licences that correspond to the Act are recognised but must be complied with and may be subject to local conditions and security plans; transport under an interstate licence must comply with any such conditions and the relevant security plan (r 24(6), r 25).

Enforcement, suspension and cancellation

The Chief Officer makes licencing decisions, can refuse, impose conditions, amend, suspend or cancel licences, and may apply an urgent suspension where an unacceptable risk exists (regs 30, 34, 40, 42-45). Procedural protections are provided for licence holders in non‑urgent cases, including notice, reasons and a period for submissions (r 43).

Penalties and modified penalties

The Regulations set three levels of fines with numeric amounts (r 3): level 1 (individual $10,000; body corporate $50,000), level 2 (individual $5,000; body corporate $25,000), level 3 (individual $1,000; body corporate $5,000). Several offences also attract imprisonment (for example r 14(4) for failure to report theft/unexplained loss: level 1 fine and 10 months imprisonment). Regulation 51 prescribes modified penalties for many level 2 and 3 offences as 10% of the statutory maximum.

Relationship to other regulatory instruments and definitions

The Regulations cross‑reference the Act, the Dangerous Goods Safety (Explosives) Regulations 2007 (for terms such as explosive and security clearance, r 3), the ADG Code (for transport classification and UN numbers, r 3 required details), and Safe Work Australia material for SDS requirements (r 3). The Regulations also specify that examples and notes are not part of the law (r 4).

Financial mechanics

Annual licence fees are set in Schedule 1 and are payable up front with application and annually thereafter, with a three month grace period and late fee (r 30(1)(c), r 46A, Schedule 1). Fee levels in Schedule 1 (as of the compilation) list amounts for each licence type (for example manufacture $443, import/export $237, storage $208; see Schedule 1).

Key administrative definitions

The Regulations define terms precisely that determine the scope of obligations: access, store (does not include keeping SSAN in a vehicle while transporting it), supervised/unsupervised access, required details of an SSAN, secure and unexplained loss (r 3). These definitions control whether an activity triggers licensing or reporting duties.

Together these concepts implement a regulatory model aimed at limiting unauthorised access and tracking SSAN movements through licensing, security planning, personnel vetting, frequent reconciliation, and mandatory reporting, backed by fines, possible imprisonment and administrative licence controls (regs 9, 10, 23, 31, 14, 51).

Owners and operators of SSAN

Any person possessing, storing, manufacturing, transporting, importing/exporting or supplying SSAN within Western Australia is potentially affected and, depending on activity and quantity, must hold the relevant licence(s) (regs 12, 16, 21, 22, 24, 27). The licence obligation applies to individuals, bodies corporate and partnerships (r 3, r 12(1)).

Licence applicants and holders

Businesses involved in manufacture, storage or transport must design, submit and implement security plans (r 30(4), r 31). Licence holders must abide by licence conditions, pay annual fees (r 46A), appoint and record qualified officers (r 33), and maintain records and compliance documentation (r 10, r 23, r 28).

Employees, secure nominees and students

Individuals who are secure nominees, who are authorised for supervised or unsupervised access, or who work in laboratories or educational institutions handling SSAN are governed by supervision rules (r 5) and authorisation requirements (r 9). Unsupervised access requires a security clearance (r 9(2)). The Regulations provide narrow laboratory and education exemptions where small quantities (up to 3 kg) are used for research, analysis or education without licence (r 12(3)-(5), r 21(3)-(4), r 22(3)-(4), r 24(4)-(5), r 27(5)-(6)).

Suppliers, transporters, and logistics providers

Suppliers must verify buyer identity and authority at or within a reasonable period before supply, record transactions and retain records for two years (r 28(2)-(3)). Transporters on public roads/rail must hold transport licences unless an exemption applies, and must report unlawful use or attempts immediately (r 24, r 26). Interstate transporters must comply with conditions and local security plans when operating in the State (r 25).

Commercial laboratories and educational institutions

Commercial labs and educational institutions are subject to specific small‑quantity exemptions (3 kg) for analytical, research or educational purposes, provided the activities do not involve manufacture of an illegal product (see the series of exemptions across Parts 4-9; r 12(3)-(4), r 21(3)-(4), r 22(3)-(4), r 24(4)-(5), r 27(5)-(6)). Commercial laboratories not exceeding these thresholds still must manage security and may be called on to produce details to authorities where required.

Importers and exporters

Importers/exporters of SSAN must hold an SSAN import/export licence and provide SSAN import/export notices to the Chief Officer at least 7 days before expected arrival/departure, with SDS attached (regs 16-18). They may also be required to have materials analysed at their expense where directed (r 19).

Government and enforcement officers

The Chief Officer and Dangerous Goods Officers (DGO) are responsible for licensing decisions, approvals, inspections, directions and enforcement (r 8, r 30, r 32, r 19, r 43-45). Police and designated government officers are recipients of mandatory reports of theft/unexplained loss and unlawful use (r 14(4), r 23(5)(c), r 26).

Interstate licence holders and out‑of‑state businesses

Persons holding interstate transport licences that correspond to the Act may transport SSAN but must comply with any conditions attached by the Chief Officer and the relevant security plan while in the State (r 24(6), r 25(1), r 25(3)).

Professional advisers and certifiers

The Regulations permit applicants to submit certificates from persons approved by the Chief Officer to certify applications and security plans, and the Chief Officer may require that a person approved certify compliance with parts of an application (r 30(5)-(6)). The role is directly relevant to consultants preparing security plans and auditors verifying compliance.

Who pays and who decides

Licence applicants and holders bear the direct financial burden: application fees, annual fees (Schedule 1; r 30(1)(c), r 46A), costs of security plans, costs of staff obtaining security clearances, monthly stocktakes and recordkeeping, and any analysis ordered by the Chief Officer (r 19). The Chief Officer decides licence grants, terms and conditions, amendments, suspensions and cancellations (r 30, r 34, r 40, r 43-45). Police and the Chief Officer are the recipients of prescribed reports and are empowered to inspect and demand production of licences and documents (r 13(2), r 25(4)).

Discretion and risk to affected parties

Discretion lies with the Chief Officer on approval of licences, authorised forms, certificates for applications, and decisions to suspend or cancel licences. Applicants may be required to amend and resubmit security plans or to undergo inspection before approval (r 32(2)). This creates regulatory timing and compliance risk for businesses seeking market operations involving SSAN.

Who is explicitly not affected

The Regulations do not apply to explosives (r 6(1)). They also do not apply to SSAN in the lawful possession or under control of certain public officers acting in the course of duty, including DGOs, police, Commonwealth officers and approved foreign defence forces operating in the State (r 6(2)).

Key statutory duties

Licence requirement: A person in possession of SSAN must hold an appropriate licence authorising that possession (r 12(1)). Similar licence duties apply for importing/exporting (r 16), manufacturing (r 21(1)), storage (r 22(1)), transport (r 24(1)) and supply (r 27(1)).
Security plan: Applicants for make/manufacture/storage/transport/fertiliser licences must provide a written security plan that complies with the detailed requirements in regulation 31 (r 30(4), r 31).
Access authorisation and supervision: Licence holders may authorise supervised or unsupervised access but must not authorise unsupervised access unless the individual has a security clearance; unsupervised access authorisations must be in writing and include prescribed particulars (r 9(1)-(4)). Licence holders must ensure supervised persons remain supervised by the holder or a secure nominee (r 9(7)).
Recordkeeping: Keep records of secure nominees, unsupervised access authorisations and verification that the nominee understands their authorisation for two years after cessation (r 10). Inventory, receipt and dispatch records of packaged SSAN must be kept for two years; monthly stocktakes and inspections are required for licensed places (r 23(2)-(5), r 23(6)-(7)).
Reporting: Immediately report theft, attempted theft or unexplained loss to the Chief Officer and a police officer (r 14(4)); transporters must immediately report unlawful use or attempted unlawful use of vehicle used in transport (r 26). Licensed storage sites must investigate and report unexplained loss discovered in stocktakes within one month (r 23(5)).
Carrying licence: Persons in possession must carry or have available the licence authorising possession or the issued card for certain explosives-related licences, and produce it to a DGO on request (r 13(1)-(2)).
Qualified officer obligations: Bodies corporate/partnerships holding licences must have one or more qualified officers (over 21, competent, security cleared within 5 years) and keep records on them; they must ensure those officers make the organisation comply with the security plan (r 33, r 50(3)).
Payment of fees: Annual licence fees are payable in advance and within a grace period, with late payment penalty (r 30(1)(c), r 46A).

Chief Officer rights and discretions

Approve forms and require statutory declarations (r 8).
Request further information, inspect sites and require amended security plans during assessment (r 32(2)).
Refuse, grant, amend, suspend (including urgent suspension) or cancel licences, with notice and procedural steps in non‑urgent cases (regs 32, 40, 42-45).
Direct analysis of SSAN imported/exported, at the importer/exporter’s expense (r 19).
Require production of interstate licences and compliance with local security plans (r 25(4)).

Rights of regulated parties

Right to apply and appeal? The Regulations set procedural protections for licence holders in the suspension/cancellation context: written notice of proposed action, stated grounds and evidence, at least 28 days to make written submissions, and written reasons for decisions (r 43). The Chief Officer must renew licences in most circumstances (r 41).
Right to surrender and replace licences: Licence holders may surrender licences and obtain replacement licences for lost licences (regs 38-39).
Right to obtain and rely on approved certificates: Applicants may submit certificates from persons approved by the Chief Officer to streamline assessment, and applicants may have longer to respond where the certificate is provided (r 30(5)-(6)).

Specific compliance mechanics and timeframes

Import/export notices must be given at least 7 days before expected arrival/departure and must be in an approved form with specified content (regs 17-18).
Monthly stocktakes and inspections must be conducted at licensed places with reconciling and reporting timelines: stocktakes at least monthly, and reporting of unexplained loss within one month after the stocktake (r 23(4)-(5)).
Security clearances: An applicant individual must have a security clearance issued within 5 years prior to application (r 32(6)(b)(ii)); qualified officers must hold security clearances issued within the previous 5 years (r 33(1)(c)).
Licence duration: Licences have a five year term (r 35(1C)) and the Chief Officer must renew a licence that is about to expire unless specific barriers apply (r 41).

Offences and penalties

The Regulations create specific offences for unauthorised possession, failure to report theft/unexplained loss, failure to keep SSAN secure, failure to comply with unsupervised access rules, false or misleading information, failure to keep and produce required records, contravening licence conditions, and failure to comply with security plans (r 12, r 14, r 9, r 49, r 10, r 47, r 50). Penalties are set at level 1, 2 or 3 fines with specific dollar amounts and, for several offences, imprisonment up to 10 months (see r 3 for level definitions and specific provisions that include imprisonment such as r 14(4), r 16(1)-(2), r 28(3), r 49).

Record retention and evidential obligations

Many records must be kept for two years after the relevant date (r 10(1), r 18(3), r 23(3), r 23(7), r 28(3)). The Chief Officer may require statutory declaration verification when considering information provided in applications or supplementary materials (r 8(2), r 30(4), r 32(4)).

Interstate and overlapping regulation interface

The Regulations permit interstate licences to be used provided they correspond with the Act and authorise transport in the other State/Territory, but require compliance with any relevant condition and the relevant security plan while in WA (r 24(6), r 25(1), r 25(3)). Where these Regulations conflict with other regulations made under the Act, they prevail except where the other instrument is the Dangerous Goods Safety (General) Regulations 2007 (r 7).

Taken together, the Regulations create duties that are operational (monthly stocktakes, inventories and inspections), administrative (licensing, security plans, records, fees), and criminal (penalties for non‑compliance, false information and failure to report theft/unexplained loss). The Chief Officer holds the central administrative control and discretion to approve, condition, inspect and enforce.

Penalty levels and imprisonment

The Regulations use three prescribed fine levels with fixed monetary amounts under regulation 3:
- Level 1 fine: individual $10,000, body corporate $50,000.
- Level 2 fine: individual $5,000, body corporate $25,000.
- Level 3 fine: individual $1,000, body corporate $5,000.
Several provisions pair a monetary penalty with imprisonment. Notable examples:
- Duty to report theft, attempted theft or unexplained loss: level 1 fine and imprisonment for 10 months (r 14(4)).
- Import/export without licence: level 1 fine and imprisonment for 10 months (r 16(1)-(2)).
- Supply recordkeeping offence: level 1 fine and imprisonment for 10 months where the supplier fails to keep required records (r 28(3)).

Modified penalties and infringement notices

Regulation 51 prescribes that each offence with a level 2 or level 3 fine is a prescribed offence for the purposes of the Act s 56 (unless listed in the Table), and the modified penalty for each such offence is 10% of the statutory maximum fine. The Dangerous Goods Safety (General) Regulations 2007 prescribe the form of infringement notices and other procedural matters for s 56 (r 51 note).

Enforcement actors and powers

The Chief Officer is the principal enforcement and licensing authority, with power to:
- Approve forms (r 8).
- Require further information, request inspection of places or vehicles and require amended security plans when dealing with applications (r 32(2)).
- Direct analysis of SSAN imported or exported, at the importer/exporter’s expense (r 19).
- Refuse, grant, suspend (including urgent suspension) or cancel licences under the procedures in regs 42-45 and 43 (notice, submissions, reasons).
- Direct production of interstate licences and inspect compliance with licence conditions and security plans (r 25(4)).

Procedural protections and timeframes

Where the Chief Officer proposes to suspend or cancel a licence, the holder must be given written notice of proposed action containing grounds and evidence, the period of proposed suspension if any, and at least 28 days to make written submissions (r 43(1)-(3)). The Chief Officer must consider submissions and provide written reasons for the decision (r 43(4)). In urgent circumstances, the Chief Officer may suspend a licence immediately where following the normal procedure would leave an unacceptable risk, with a written notice and reasons (r 44).

Obligations to produce licences and records

Persons in possession must carry their licence or card and produce it on request to a DGO (r 13(1)-(2)). A DGO may direct a person to produce an interstate transport licence for inspection (r 25(4)). Suppliers and holders have specific written record requirements (r 18(3), r 23(3), r 28(3)) and must produce records on demand in enforcement contexts.

False information and record falsification

Offences penalise knowingly recording false or misleading information in required plans, records or reports (level 1 fine and 10 months imprisonment) and providing materially false or misleading information in notices, licence applications or certificates (same penalty, r 49). This creates criminal exposure for poor or fraudulent recordkeeping.

Licence conditions and contravention

Contravention of a licence condition is an offence carrying significant penalty exposure: a licence holder must not contravene a condition of the licence; the penalty is a level 1 fine and imprisonment for 10 months (r 47).

Suspension, cancellation and compliance enforcement

Grounds to suspend exist where a holder or recorded qualified officer is charged with a relevant offence, or the Chief Officer has reasonable grounds to suspect non‑compliance or false/misleading compliance (r 42(1)). Grounds to suspend or cancel include conviction of a relevant offence, non‑payment of annual fees, or failure to pay related fees (r 42(2)). The Chief Officer may require surrender of a licence following suspension or cancellation (r 45(1)) and has power to terminate suspension at any time (r 45(3)).

Financial enforcement

Annual fees are enforceable; non‑payment is a ground for suspension/cancellation (r 42(2)(b), r 46A). Late payment attracts a fixed late fee during the grace period (r 46A(4)). Schedule 1 sets the fee amounts.

Operational enforcement through security plans

The security plan is a statutory condition: the holder must obey the security plan and those recorded as qualified officers must ensure the plan is complied with (r 50(2)-(3)). Failure to obey the security plan is a level 2 fine (r 50(4)). The Chief Officer may require evidence that a recorded qualified officer is competent to keep SSAN secure (r 33(5)).

Interaction with general enforcement regimes

The Act provides the broader enforcement framework; these Regulations designate specific offences as prescribed offences for the Act s 56 infringement notice regime (r 51). Many offences are therefore available for enforcement by infringement notice at the prescribed modified penalty level (10% of maximum for level 2 and 3 offences), as implemented through the general regulations referenced at r 51.

Practical enforcement implications

Enforcement focuses on preventing diversion and loss: duties to maintain inventory, monthly reconciliation and immediate reporting (r 23, r 14), record of authorised persons and access authorisations (r 9, r 10), and criminal sanctions for false information (r 49). The Chief Officer’s powers to demand inspections and direct testing create compliance costs which, if not budgeted for, can produce operational disruption. The urgent suspension power (r 44) enables immediate regulatory intervention where a risk is judged unacceptable, and is therefore a live operational risk for licence holders.

Primary statutory relationship

These Regulations sit under the Dangerous Goods Safety Act 2004 and routinely reference and operate through the Act. The Regulations make explicit that certain documents are safety management documents for the Act (r 48), and they adopt the Act’s enforcement and infringement procedures by identifying prescribed offences under Act s 56 (r 51). The Act therefore provides the primary statutory backbone for licencing, offences and enforcement.

Other regulations under the Act

The Regulations state they prevail over other regulations made under the Act if inconsistent, except for the Dangerous Goods Safety (General) Regulations 2007 (r 7). Practically this means these SSAN‑specific provisions will displace conflicting requirements in other Act regulations, but not those in the General Regulations which remain co‑ordinating and operative.

Cross‑references to explosives regulations

Several definitions and procedural cross‑links point to the Dangerous Goods Safety (Explosives) Regulations 2007 for meanings and related licences. For example, the term “explosive” and “security clearance” reference the Explosives Regulations (r 3), and certain licences such as shotfiring and explosives manufacture (MPU) licences are recognised as satisfying possession or supply/transport obligations under these Regulations (r 3, r 12(1), r 24(2), r 27(3)-(4)). Where an SSAN is also covered by explosives law, the interplay between explosives licensing and SSAN licensing is explicitly contemplated.

Transport code and international standards

For transport classification and labelling content obligations, the Regulations explicitly incorporate the ADG Code (Australian Dangerous Goods Code) for proper shipping name, UN Number and classification where an SSAN is dangerous goods (r 3 definition of required details). This ties SSAN transport to national transport standards and harmonises classification and documentation.

Workplace safety and SDS standards

The Regulations require SDS to be in English and to meet either the National Code of Practice for the Preparation of Material Safety Data Sheets (NOHSC) or the Safe Work Australia Code of Practice for SDS (r 3). This interaction aligns SSAN chemical safety information with national occupational health and safety standards enforced by Safe Work Australia and State OHS regulators.

Identity documents and State Acts

For supplier identity checks, the Regulations permit Western Australian Photo Card Act 2014 photo cards as acceptable identity documentation alongside passports, driver licences and security cards (r 28(2)(a)). This embeds a local identity scheme into the verification obligations.

Interstate licensing and mutual recognition

The Regulations accept interstate transport licences provided the other State/Territory law corresponds with the Act, but require compliance with any conditions and the relevant security plan in WA (r 24(6), r 25(1), r 25(3)). This is a form of conditional recognition that preserves local security plan compliance as a condition of interstate movement.

Criminal and administrative law

Offences and penalties align with the Act’s broader enforcement architecture; several offences are designated as prescribed offences under the Act s 56 and thus eligible for infringement notices (r 51). In addition to criminal penalties, administrative remedies like licence suspension, urgent suspension and cancellation under regs 42-45 provide non‑criminal enforcement mechanisms.

Other State and Commonwealth laws

The Regulations disapply to SSAN in the lawful possession of Commonwealth officers or foreign defence forces operating in WA with approval for defence purposes (r 6(2)(d)-(e)). They also recognise offences against laws of other places that substantially correspond to the Act as “relevant offences” for suspension and cancellation grounds (r 29(b)). This creates a bridge to interstate and Commonwealth criminal regimes for enforcement and licensing decisions.

Records, privacy and evidential issues

The detailed retention periods and record content obligations (r 23, r 10, r 18, r 28) intersect with other statutory obligations on records management and privacy. The Regulations themselves do not set a privacy regime but the duty to retain personal details and identify individuals will need to be managed in compliance with State and Commonwealth privacy and records laws.

Overlap with explosives storage and handling

Where SSAN is stored in accordance with an explosives storage licence or SSAN is treated under explosives law, the Regulations permit that the explosives licence may meet storage obligations but require compliance as if the SSAN were an explosive (r 22(2)(b)). Practically, entities operating under explosives frameworks should map how SSAN obligations overlay or are subsumed by explosives licensing.

Operationally, these interactions mean that applicants and licence holders must integrate SSAN requirements into their existing compliance portfolios , explosives licensing, transport compliance (ADG Code), workplace SDS and OHS compliance, identity verification obligations and records management , and must be attentive to which law prevails where obligations overlap (r 7). The Chief Officer’s discretion to require site inspections and additional materials (r 32(2)) and to treat security plans as safety management documents for the Act (r 48) means that compliance with one regime (for example an ADG Code transport regime or explosives licence) will not necessarily relieve an operator from SSAN‑specific obligations unless expressly covered by the exemptions and cross‑references in the Regulations.

The compilation table embedded in the Regulations records iterative amendments and reprints. Key points drawn from that table and annotations in the Regulations are:

Initial instrument and commencement: Originally made as the Dangerous Goods Safety (Security Risk Substances) Regulations 2007, with most regulations commencing 1 March 2008 (compilation table entry for 2007).
Early amendments: Amendment Regulations in 2010 and 2011 updated certain definitions and provisions (see entries 2010 and 2011 in the compilation table, Gazette dates 25 Jun 2010 and 4 Oct 2011).
2012 rewrite and 5‑year licence term: The 2012 Amendment Regulations (16 Mar 2012) introduced, among other things, five year licence terms and associated transitional provisions (see r 35(1A)-(1D) and the compilation table entry for 2012).
2013 amendments and insertion of security nominee provisions: The 2013 Amendment Regulations (2 Dec 2013) made multiple changes that are visible in the text, including the insertion of regulations 9-11 (security nominee, authorisation and recordkeeping), and the obligations for bodies to have qualified officers (r 33 introduced 2 Dec 2013 , see marginal notes). These changes expanded the personnel control and recordkeeping framework.
2015 and 2016 amendments: The 2015 Amendment updated fee structures and other administrative matters (26 Jun 2015). The 2016 Dangerous Goods Safety Regulations Amendment Regulations (5 Feb 2016) included further amendments and adjustments across the instrument with several r 3 and other minor edits noted in the marginal annotations.
2017-2019 amendments: Further changes affecting fees, definitions and administrative details appear in the 2017, 2018 and 2019 instruments (3 Mar 2017; 23 Jun 2017; 25 Jun 2018; 18 Jun 2019) as recorded in the compilation table.
COVID‑19 related and subsequent changes: 2020 instruments relating to COVID‑19 responses and other amendments are recorded (SL 2020/103 and SL 2020/104; SL 2020/193). Some instruments were repealed prior to commencement as noted in the compilation table.
2021-2024 fees and charges: A sequence of Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations from 2021 through 2024 appear in the table (SL 2021/85, SL 2022/58, SL 2023/36, SL 2024/97) reflecting iterative updates to fees and charges that interact with the Dangerous Goods regulatory framework.
2025 changes and renaming: A 2025 instrument (SL 2025/90) inserted Schedule 1 and updated heading to the current title Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007 (the marginal note indicates the schedule and the renaming history). The Schedule 1 insertion sets the current annual fees (for example manufacture $443, import/export $237, storage $208, transport $222, supply $191, fertiliser $72).

The marginal notes in the Regulations identify numerous reforms and insertions by Gazette dates. Relevant specific amendments visible in the text:

Regulation 9, 10, 11 were inserted 2 Dec 2013 (marginal notes).
Regulation 33 (qualified officer) was inserted 2 Dec 2013 and amended 5 Feb 2016 (marginal notes).
Regulation 46A (annual fees) was inserted on 16 Mar 2012 and amended multiple times (marginal notes list series of Gazette updates).
Schedule 1 was inserted by SL 2025/90 (marginal note).

The compilation table should be consulted by practitioners for precise commencement dates of specific amendments and for the full history of reprints. The instrument’s notes show multiple reprints (Reprint 1 as at 21 Feb 2014; Reprint 2 as at 16 Nov 2018) and a sequence of amending instruments up to 2025, indicating ongoing regulatory maintenance, particularly around fees and administrative mechanics.

For practice purposes, the important amendment‑history implications are:

Security personnel and access rules were strengthened in 2013 with the introduction of secure nominee obligations and unsupervised access authorisation detail (regs 9-11).
Licence term standardisation and renewal mechanics were codified in 2012 and 2016, setting five year licence terms and mandatory renewal processes (r 35, r 41).
Fee setting has been active and is periodically updated by separate amending instruments (see r 46A and Schedule 1 entries).
The instrument has been retitled and reissued over time, most recently reflecting concentration on SSAN specifically (Schedule 2, 2016 and 2025 renaming/edits).

Consult the compilation table at the back of the Regulations for the precise dates of amendments and the scope of each amending instrument when advising clients or preparing compliance timelines.

The text and compilation table provided do not list any judicial decisions or litigation history. The Regulation as compiled contains no case citations and there is no schedule or marginal note referring to judicial interpretation or litigated disputes. Practitioners should therefore assume there is no litigation recorded within this instrument.

That absence does not mean the Regulations have not been the subject of litigation elsewhere; it means that the legislative compilation and notes supplied do not identify any cases. When an interpretive issue arises , for example on the scope of “unexplained loss”, the application of the five year security clearance window, or the interplay with explosive licensing , counsel should search case law databases and administrative appeals records for any determinations involving the Dangerous Goods Safety Act 2004 or these Regulations. In addition, administrative review avenues and judicial review under State administrative law may be available to challenge Chief Officer decisions (s 21 of the Act or general administrative law remedies), but those mechanisms and any outcomes are not recorded in the text provided.

If a client requires litigation intelligence, a separate targeted search of Western Australian Supreme Court and tribunal databases, and any decisions of oversight bodies, will be necessary because no litigation references are contained in the Regulations themselves.

Precise definitions change scope , 45% cut‑off

The regulatory trigger is a concentration threshold: “any substance that contains more than 45% ammonium nitrate” is SSAN (Schedule 2). Materials at or below 45% are outside these Regulations. Small differences in product composition can therefore move a product in or out of the licensing regime, with significant compliance consequences. Confirm exact composition and measurement basis in advance (Schedule 2).

Lab‑and education‑based exemptions are narrow and quantity‑limited

Exemptions for commercial laboratories and educational institutions are tied to analytical, educational or research purposes that do not involve manufacture of an illegal product and are capped at 3 kg of any SSAN in the laboratory (r 12(3)-(4), r 21(3)-(4), r 22(3)-(4), r 24(4)-(5), r 27(5)-(6)). The 3 kg threshold is low. Routine production or larger scale testing will attract full licensing obligations.

“Store” excludes vehicle transit , watch for unintended storage

The definition of “store an SSAN” explicitly excludes putting or keeping SSAN in a vehicle while transporting it (r 3 definition of “store”). However storing packaged SSAN temporarily at a place while in transit is allowed under limited conditions (r 22(5)). Transporters that, in practice, keep SSAN in vehicles for extended periods or use vehicles as interim storage must map their operations carefully against the Regulations to avoid misclassification and license breaches (r 22(5)).

Unsupervised access authorisations: formalities and understanding

Unsupervised access requires a written authorisation that contains specific items and a record that the individual has stated he or she understands the authorisation; the authorisation has no effect unless those requirements are met (r 9(3)-(4)). Licence holders often underestimate that an oral instruction is insufficient. The Authorisation must include dates, residential address, types of SSAN, where and when access is permitted and other conditions (r 9(3)).

Security clearance timing and renewal churn

Individuals must hold a security clearance issued within the previous five years to be eligible for licences and to be recorded as qualified officers (r 32(6)(b)(ii), r 33(1)(c)). Organisations must maintain qualified officers with valid clearances and records. Failure to monitor clearance renewal dates can produce licence vulnerabilities and even automatic cancellations where a licence holder’s security clearance ceases to exist (r 35(2)(c)).

Record retention and reconciliation timing pitfalls

Inventory and stocktake obligations are strict: licensed places must do a stocktake at least once a month, reconcile quantities, investigate unexplained losses and report findings and corrective measures within one month after the stocktake (r 23(4)-(5)). Monthly cadence and the one month reporting deadline can be operationally demanding; inconsistent recordkeeping may morph into regulatory enforcement action.

Criminal exposure for failures to report or false records

Failure to immediately report theft, attempted theft or unexplained loss to the Chief Officer and a police officer is a serious offence carrying a level 1 fine and up to 10 months imprisonment (r 14(4)). Similarly, false or misleading records or giving materially false information in licence applications or reports carries the same level 1 fine and imprisonment (r 49). These are not mere administrative lapses and require urgent internal escalation protocols.

Interstate licence recognition with local compliance obligations

Interstate transport licences can be used in WA if they correspond with the Act, but the person must comply with any condition the Chief Officer attaches and with the relevant WA security plan (r 24(6), r 25(1), r 25(3)). Inbound transporters should not assume mutual recognition eliminates local security plan compliance.

Supplier identity verification timing and sufficiency

Suppliers must obtain proof of identity and evidence that the purchaser is authorised to possess the SSAN “either at or within a reasonable period before the time of supply” (r 28(2)). The “reasonable period” is not defined and therefore introduces legal uncertainty. Suppliers should document internal policies on acceptable time windows and evidence to reduce enforcement risk.

Chief Officer discretion and potential delay

The Chief Officer may require further information, site inspections and amended security plans prior to granting licences (r 32(2)). Applicants must be prepared for potentially iterative review and must budget for the 21 day response windows or risk withdrawal of the application (r 32(3)). The discretionary scope includes urgent suspension powers that can be exercised without the usual 28 day submissions window (r 44).

Licences are narrowly tailored and non‑transferable

Licences are valid only for the person, place, SSAN and quantity specified; they are not transferable (r 37). Where ownership or operational control of a site or business changes, licence amendments via the Chief Officer are required (r 40), a process that can be time consuming and operationally disruptive if not planned.

Fees, grace period and renewal traps

Annual fees must be paid before or within three months after the due date and a late fee applies (r 46A). Non‑payment is a ground for suspension or cancellation (r 42(2)(b)). The Chief Officer must renew a licence unless narrow exceptions apply (r 41), but fee arrears can interrupt renewal and operations.

Security plan sensitivity and confidentiality

Security plans must themselves be protected from unauthorised access (r 31(2)(ka)). Organizations must implement controls preventing disclosure of security plan contents, while still ensuring staff compliance and oversight, a balancing act that can create internal friction between security and audit/compliance functions.

Operational costs and demonstrable competence

Bodies and partnerships must demonstrate that at least one qualified officer is competent to keep SSAN secure, and the Chief Officer can direct recorded individuals to demonstrate competence (r 33(5)). If a person refuses or fails to demonstrate competence, the holder may face sanctions. Competence demonstration can require training, documented procedures and possibly external audits.

No litigation history in instrument

The Regulations contain no listed court or tribunal decisions that interpret contentious provisions. This means interpretive uncertainty on key terms such as “unexplained loss”, “reasonable measures”, “competent” and “reasonable period” will need to be managed internally or through administrative guidance sought from the Chief Officer.

These “gotchas” point to enforcement risk concentrated in personnel vetting and monitoring, recordkeeping and reporting timeliness, security plan robustness and Chief Officer interactions. Each of these produces measurable costs: staff time and training, audit and reconciliation systems, legal and consultant fees for security plans and applications, and potential disruption where urgent suspension occurs.

Practical compliance checklist mapped to the Regulations

Determine whether your material is SSAN
- Test concentration: confirm that the product contains more than 45% ammonium nitrate (Schedule 2). If borderline, obtain laboratory composition evidence and update specifications used in licensing and documentation.
Map activities to licences required
- Possession: r 12; Import/export: r 16-18; Manufacture: r 21; Storage: r 22; Transport: r 24; Supply: r 27. Identify which licence(s) is/are needed, the places where activities occur and quantities that trigger licensing (r 34, r 37).
Prepare and submit applications in approved form
- Use approved forms (r 8). Include required documents, annual fee for first year and, where applicable, a security plan (r 30(1), r 30(4)). Consider engaging an approved certifier to provide a certificate under r 30(5)-(6) to streamline processing.
Develop and implement the security plan
- Security plans must comply with regulation 31: complete risk assessment for sabotage, theft and unexplained loss; access controls; ongoing risk assessment; inspection and maintenance measures; recordkeeping, supervision processes; and measures to protect the plan itself (r 31(2)-(4)). For storage/manufacture include site plan, reconciliation and supply control measures (r 31(3)). For transport include loading/unloading security, tracking and vehicle checks (r 31(4)).
Personnel vetting and documentation
- Ensure individuals who will have unsupervised access hold valid security clearances (r 9(2), r 32(6)(b)(ii), r 33(1)(c)). Prepare written unsupervised access authorisations with the particulars set out in r 9(3) and retain a record that the individual understands the authorisation (r 9(4)). Keep secure nominee and qualified officer records for two years post cessation (r 10(1), r 33(4)).
Appoint and record qualified officer(s)
- For bodies/partnerships holding licences appoint one or more qualified officers (over 21, competent, security cleared within prior 5 years) and keep the written record as specified (r 33). Prepare to demonstrate competence if directed (r 33(5)).
Set up inventory, stocktake and inspection systems
- For packaged SSAN maintain inventory showing required details and receipts/dispatch records (r 23(2)-(3)). Conduct monthly stocktakes at licensed places (r 23(4)), reconcile to inventory, investigate unexplained losses and report findings and corrective measures to the Chief Officer within one month when an unexplained loss is found (r 23(5)). Inspect licensed places monthly and keep inspection records for two years (r 23(6)-(7)).
Implement supplier and sale controls
- Suppliers must verify identity (passport, driver licence, WA photo card or explosives security card) and evidence of authority either at or within a reasonable period before supply (r 28(2)). Maintain written supply records with specified elements for two years (r 28(3)). Ensure supply staff follow verification procedures and document reasonableness windows.
Prepare transport controls and emergency reporting
- For road/rail transport ensure an SSAN transport licence is held where required (r 24(1)), vehicles are secured, loading/unloading occurs at secure locations, and in‑transit tracking and reconciliation are implemented (r 31(4)). Immediately report unlawful use or attempted unlawful use of vehicles to the Chief Officer and police (r 26). Maintain procedures for immediate reporting of theft, attempted theft or unexplained loss (r 14(4)).
Import/export compliance
- Hold an SSAN import/export licence for import/export (r 16). Provide SSAN import/export notice at least 7 days before expected arrival/departure using the approved form and include required details and an SDS (r 17-18). Prepare to have SSAN analysed if the Chief Officer directs and bear associated costs (r 19).
Fees, renewals and licence management
- Pay the annual fee up front with application and ensure annual fees are paid on time or within the three month grace period with late payment fee where required (r 30(1)(c), r 46A). Track licence expiry and renewals: licences run five years and the Chief Officer must renew unless narrow exceptions apply (r 35, r 41). Keep licences on the premises and produce to DGOs on request (r 13).
Record retention and document control
- Ensure all records specified by the Regulations are kept for two years after the relevant event, including unsupervised access authorisations, inventory records, dispatch/receipt records, inspection records, supply records and security nominee records (r 10(1), r 18(3), r 23(3), r 23(7), r 28(3)). Ensure security plans themselves are protected from unauthorised access (r 31(2)(ka)).
Internal audit and compliance monitoring
- Implement internal audits and compliance monitoring of the security plan as required by r 31(2)(i)-(j). Document training, drills, and updates to the security plan and maintain records of measures taken.
Responding to regulatory action
- If the Chief Officer requests additional information or inspection during application processing, respond within 21 days to avoid being treated as having withdrawn the application (r 32(2)-(3)). If the Chief Officer proposes to suspend or cancel a licence, use the 28 day submission window to provide written submissions and evidence (r 43).
Legal and insurance risk management
- Given the criminal exposure for false records and failure to report certain incidents (r 49, r 14(4)), ensure legal review of reporting procedures and consider insurance coverage for theft or unexplained losses where available. Document procedures to ensure immediate reporting and chain of custody for evidence.
Engage early with the Chief Officer and approved certifiers
- Consider pre‑application meetings and, where available, use persons approved by the Chief Officer to certify applications and security plans under r 30(5)-(6). Early engagement can reduce amendment cycles and inspections.
Prepare for urgent suspension and continuity planning
- Develop continuity plans to respond to potential urgent suspension of licences (r 44). This includes safe storage contingency plans, incident response and stakeholder notification (customers, transporters, police).

Implementation risks and practical measures

Budget for security plan development and site modifications, staff vetting and ongoing monitoring costs.
Institute strict document control and training so that unsupervised access authorisations are properly executed and stored.
Automate inventory and stocktake with auditable reconciliation logs to meet the monthly and one month reporting windows.
Maintain a compliance calendar for licence renewals, security clearance expiry dates, fee payment dates, and statutory reporting deadlines.
Keep a legal and regulatory contact list and an incident escalation protocol to ensure immediate reporting obligations to the Chief Officer and police are met.

By following the checklist above, organisations can structure compliance programs that map directly to the specified regulatory obligations (see regs 9, 10, 12, 14, 17-19, 21-24, 27-31, 33, 46A and Schedule 1). Where uncertainties remain (for example, what constitutes a “reasonable period” for supplier checks), document a defensible internal policy and, if necessary, obtain a view from the Chief Officer or legal counsel.

Deep Dive

What it does

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