What it does
The Explosives Act 2003 (NSW) establishes a comprehensive licensing, authorisation and enforcement regime for the safe and secure handling of explosives and explosive precursors throughout New South Wales. At its core, the Act prohibits unlicensed handling (s 6(1)) and requires a security clearance for natural persons in most cases (s 6A and s 10A). "Handling" is broadly defined in the Dictionary in Schedule 3 to include manufacturing, processing, possessing, using, storing, supplying, transporting, importing, destroying and disposing. The Act therefore operates as a gatekeeper statute, ensuring that only persons and corporations who satisfy fitness, safety and security criteria may engage in these activities.
Part 2 creates a series of strict liability and negligence-based offences. Section 6 makes it an offence to handle an explosive or precursor without the required licence, carrying a maximum penalty of 700 penalty units for a corporation or 350 penalty units or 12 months imprisonment for an individual. Section 7 imposes a continuous duty on transporters to prevent unauthorised access. Section 8 prohibits negligent handling that endangers life, causes injury or damages property (with a defence if the property owner consented to the damage). Section 9 restricts supply to minors, with a lower 70 penalty unit maximum. These offences are supported by executive liability provisions (s 33) that can expose directors and senior managers who knew or ought reasonably to have known of the contravention and failed to take reasonable steps to prevent it.
Part 2A, inserted by the Explosives Amendment Act 2023, introduces a mandatory pre-market authorisation process. Any person may apply under s 9A for an explosive to be authorised. The regulatory authority (SafeWork NSW under s 4, subject to regulations declaring other public authorities) may grant authorisation with or without conditions (s 9B), refuse it on procedural or substantive grounds, or later vary conditions. Authorised explosives are placed on a register maintained under s 9C that must include commercial name, proper shipping name, UN number, classification code, applicant name (not published), conditions and prescribed information. The register is published (s 9D) but omits applicant names and may omit conditions. Authorisations may be cancelled on safety, public interest or other grounds (s 9E) after procedural fairness (s 9F). Unauthorised (prohibited) explosives may not be handled.