Explosives (Fireworks) Regulations 2016 (South Australia)

These regulations (Explosives (Fireworks) Regulations 2016) set detailed rules for manufacture, sale, possession, transport, use and public displays of fireworks in South Australia under the Explosives Act 1936. They define specific prohibited fireworks (for example sky rockets, certain firecrackers, fireworks with projected non‑disintegrating components, and items resembling military munitions) and attach criminal penalties and expiation fees to contraventions (see regulation 5 and regulation 6). The regulatory regime is licence‑based. Three primary licence types are created and regulated: a pyrotechnician’s licence (Part 3 Division 1), a pyrotechnic displays business licence (Part 3 Division 2) and a pyrotechnic sales business licence (Part 4). An alternative limited route is an exempt display permit for specific community events where a licensed pyrotechnician cannot reasonably be engaged (regulation 22).

The instrument prescribes operational requirements for licensed activity: notification timelines (regulation 13), mandatory minimum public liability insurance levels for displays (regulation 14), and detailed log book, plan and record keeping obligations (regulations 15, 16; Schedule 1 cl 2; Part 4). Schedule 1 and Schedule 2 set substantive technical and safety rules for fireworks use and display conduct (for example distances from spectators, mortar construction and burial, electrical firing precautions, misfire handling and site exclusion zones). Sales rules include premises requirements, packaging and labelling obligations and buyer verification and record retention (regulations 26-29).

Decision powers reside with the Director under the Act, who grants licences and approvals, publishes guideline material on experience and training (regulation 12), may impose conditions, and may vary, suspend or cancel licences (regulations 30 and 32). Inspectors and police have inspection and information powers (regulations 37 and 39). Appeals against Director decisions are to the Administrative and Disciplinary Division of the District Court with specified time limits (regulation 33). The regulations also include transitional arrangements for converting existing licences and approvals under the revoked 2001 Regulations (Schedule 4 Part 2). The legislative history records later variations (2017, 2018, 2020) and notes that these Regulations are to be revoked by schedule 1 clause 5 of the Explosives Act 2024.

South Australia Explosives (Fireworks) Regulations 2016 under the Explosives Act 1936

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Non-application of regulations to inspectors Part 2—Prohibitions 5 Prohibited fireworks 6 Unlawful sale, supply or possession of fireworks 7 Unlawful sale, supply or possession of certain imported items 8 Prepared fireworks not to be transported on public roads Part 3—Use of fireworks Division 1—Pyrotechnician's licence 9 Requirement to hold pyrotechnician's licence 10 Criteria for grant of pyrotechnician's licence 11 Term and renewal of pyrotechnician's licence 12 Guidelines on appropriate practical experience and training or instruction 13 Notification of fireworks displays and special effects displays 14 Public liability insurance 15 Log book to be kept by licensed pyrotechnician 16 Log book to accompany application for pyrotechnician's licence 17 Compliance with requirements of Schedules 1 and 2 Division 2—Pyrotechnic displays business licence 18 Requirement to hold pyrotechnic displays business licence 19 Criteria for grant of pyrotechnic displays business licence 20 Term and renewal of pyrotechnic displays business licence 21 Requirement to ensure displays conducted in compliance with regulations Division 3—Exempt display permit 22 Exempt display permit Part 4—Sale of fireworks 23 Requirement to hold pyrotechnic sales business licence 24 Criteria for grant of pyrotechnic sales business licence 25 Term and renewal of pyrotechnic sales business licence 26 General conditions of pyrotechnician sales business licence 27 Requirements for premises 28 Packaging of fireworks 29 Records Part 5—Provisions of general application to licences 30 Conditions of licence 31 Offence to breach conditions of licence 32 Cancellation or suspension of licence 33 Right of appeal Part 6—Miscellaneous 34 Applications 35 Licence to include photograph 37 Production of licences, permits and records 38 False or misleading statements 39 Police report Schedule 1—General requirements for use of fireworks 1 General duty 2 Written plans 3 Persons using fireworks under supervision 4 String crackers 5 Use of fireworks indoors 6 Flash powder 7 Aerial shells 8 Tubes, mortars and supporting structures for fireworks 9 Fireworks ignited electrically 10 Misfires 11 Precautions against fire and fallout Schedule 2—General requirements for conduct of fireworks displays 1 Time at which display may be conducted 2 Requirement to have licence or permit at display 3 Notice of display 4 Conditions requiring display to be postponed or halted 5 Keeping and positioning of fireworks at display site 6 Prohibition against reloading mortars during display 7 Prohibited area 8 Minimum separation distance from spectators 9 Searches following display Schedule 4—Revocation and transitional provisions Part 1—Revocation of Explosives (Fireworks) Regulations 2001 1 Revocation of Explosives (Fireworks) Regulations 2001 Part 2—Transitional provisions 2 Interpretation 3 Pyrotechnician's licences 4 Pyrotechnic displays business licences 5 Pyrotechnic sales business licences 6 Approvals 7 Exemptions 8 Permits Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Explosives (Fireworks) Regulations 2016. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Explosives Act 1936; aerial firework means a firework designed to have an effect at a height greater than 20 metres (whether or not it also has an effect at or below that height); aerial shell means a firework that is designed to burst high in the air and is projected from a mortar by a lifting charge; cracker shell means a 12 gauge cartridge designed and manufactured principally for use in scaring and dispersing birds and other animals and containing a projectile that explodes; director of a body corporate includes— (a) a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; distress signal means a pyrotechnic device intended for signalling or warning or similar purposes and includes a marine flare or signal, landing flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud seeding rocket, avalanche rocket, railway fog signal or smoke generator; exempt display permit—see Part 3 Division 3; firecracker means a firework consisting of a casing fitted with a wick and filled with gunpowder or other pyrotechnic composition and designed to explode with a single sharp report; firework means— (a) a manufactured firework item; or (b) an item designed or adapted so as to contain or include an explosive that on ignition burns or explodes, or both, to produce a visual effect or aural effect, or both; or (c) flash powder or other pyrotechnic substance, but does not include a distress signal, a model rocket motor or a cracker shell; fireworks display means an event or activity involving the outdoor use of fireworks other than general use fireworks, but does not include— (a) a test or private demonstration for a potential customer of fireworks by the holder of a pyrotechnic sales business licence; or (b) a special effects display; general use firework means— (a) toy pistol caps; or (b) starting pistol caps; or (c) sparklers; or (d) items commonly known as party poppers; or (e) bonbon crackers or snaps for bonbon crackers; or (f) items commonly known as blaster balls; or (g) small fireworks commonly known as aluminium torches, amorces, indoor table bombs or magnesium torches; ignite a firework includes initiate a firework; indoor firework means— (a) flash powder; or (b) a firework that is designed to be safe for indoor use and is fitted with, or adapted for use with, an electrical ignition device; licence means (except in Part 2)— (a) a pyrotechnician's licence; or (b) a pyrotechnic displays business licence; or (c) a pyrotechnic sales business licence; prescribed fee means the fee prescribed for the purposes of the Act; pyrotechnic displays business licence—see Part 3 Division 2; pyrotechnic sales business licence—see Part 4; pyrotechnician's licence—see Part 3 Division 1; sell includes supply in the course of a business (whether or not for valuable consideration) and offer or expose for sale or such supply; sky rocket means a firework with a casing that contains pyrotechnic substance which on ignition produces a jet of flame and escaping gases that propel the rocket into the air; special effects display means an event or activity involving the use of fireworks (other than indoor fireworks or general use fireworks) conducted for the purpose of a stunt, or other special effect, for theatrical, cinematic or other entertainment purposes; string cracker means a firework consisting of a series of firecrackers with their wicks intertwined to form a string, designed to explode in a rapid series of sharp reports; substance includes a mixture of substances; supply includes offer or expose for supply; use a firework includes prepare a firework for use or ignite a firework. 4—Non-application of regulations to inspectors These regulations do not apply to an inspector acting in the course of official duties. Part 2—Prohibitions 5—Prohibited fireworks (1) A person must not, without the written approval of the Director, manufacture, keep, convey, sell or use— (a) an encased firework that is constructed in a manner that may allow the escape of an explosive substance from its casing; or (b) a firework, other than a general use firework, that contains a mixture of a chlorate with sulphur, a sulphide or phosphorus; or (c) a firework that explodes wholly or in part and contains a mixture of a chlorate with aluminium or magnesium; or (d) a firecracker other than one included in— (i) a firework not comprised solely of firecrackers; or (ii) a string cracker; or (e) a string cracker other than a string cracker where— (i) the quantity of gunpowder in each firecracker does not exceed 0.3 grams; and (ii) the length of each firecracker does not exceed 50 millimetres; and (iii) the length of the string cracker does not exceed 3 000 millimetres and is not less than 500 millimetres; or (f) a firework that explodes wholly or in part and contains components (other than components constructed solely of lightweight material such as paper or thin cardboard or plastic) that may be projected without disintegration by the explosion of the firework; or (g) a firework, other than a general use firework, that contains its own means of ignition, ie a device attached to or forming part of the firework and adapted to ignite the firework by friction or percussion; or (h) a firework that, on ignition, is liable to be projected along the ground or through the air in an erratic or unpredictable flight; or (i) a firework consisting of a sky rocket; or (j) a firework that resembles or is packaged to resemble, or is labelled as being, a form of military munition. Maximum penalty: $5 000. (2) Subregulation (1)(f) does not prohibit the manufacture, keeping, conveyance, sale or use of a line rocket, being a rocket attached to a line and designed to travel the length of the line on ignition. 6—Unlawful sale, supply or possession of fireworks (1) A person must not— (a) sell or supply a firework, other than a general use firework; or (b) have a firework, other than a general use firework, in his or her possession or custody, except— (c) in the course of activities authorised by a licence or an exempt display permit; or (d) by, or in the course of, delivering the firework, in circumstances not requiring the carrier to hold a licence, to the holder of a licence or exempt display permit authorising activities in relation to the firework or an inspector; or (e) by, or in the course of, returning the firework to the holder of a licence from whom the firework was obtained; or (f) in respect of possession or custody—as authorised by section 23(2) of the Act; or (g) with the written approval of the Director. Maximum penalty: $5 000. Expiation fee: If the person has possession or custody of less than 3 kilograms (gross weight) of fireworks—$315. (2) In this regulation— licence means a licence granted under the Act, these regulations or any other regulations made under the Act. 7—Unlawful sale, supply or possession of certain imported items (1) A person must not sell or supply an imported firework comprising of aerial shells packaged together with a reloadable mortar of a kind that does not comply with the requirements of Schedule 1. Maximum penalty: $5 000. (2) A person who imports, or otherwise becomes the owner of, a firework of a kind referred to in subregulation (1) must, as soon as reasonably practicable after the firework comes into his or her possession or custody, cause the reloadable mortar to be removed from the package and to be properly disposed of. Maximum penalty: $2 500. Expiation fee: $210. 8—Prepared fireworks not to be transported on public roads A person must not, without the written approval of the Director, transport a firework on a public road if it has been prepared for display. Maximum penalty: $5 000. Part 3—Use of fireworks Division 1—Pyrotechnician's licence 9—Requirement to hold pyrotechnician's licence (1) A person must not personally use a firework (other than a general use firework) unless the person— (a) holds a pyrotechnician's licence; or (b) is acting under the direct supervision of a person who holds a pyrotechnician's licence. Maximum penalty: $5 000. Expiation fee: If the offence involves less than 3 kilograms (gross weight) of fireworks—$315. (2) A person must not conduct a fireworks display or special effects display unless— (a) the person holds a pyrotechnician's licence; or (b) the person acts through the instrumentality of such a person. Maximum penalty: $5 000. Expiation fee: If the offence involves less than 3 kilograms (gross weight) of fireworks—$315. (3) The Director may, by conditions of licence— (a) limit the types of fireworks authorised to be used under a pyrotechnician's licence; (b) limit the types of displays authorised to be conducted under a pyrotechnician's licence. 10—Criteria for grant of pyrotechnician's licence A pyrotechnician's licence will only be granted by the Director if the applicant for the licence satisfies the Director that he or she— (a) has, personally or under the direct supervision of the holder of a pyrotechnician's licence, gained practical experience in the use of fireworks that is, in the opinion of the Director, appropriate for the grant of the licence; and (b) has successfully completed training or instruction of a kind that is, in the opinion of the Director, appropriate for the grant of the licence; and (c) has attained the age of 21 years; and (d) is otherwise a fit and proper person to hold the licence. 11—Term and renewal of pyrotechnician's licence (1) A pyrotechnician's licence has, subject to these regulations, effect for a period of 12 months from the date on which it is granted. (2) A pyrotechnician's licence may be renewed for successive terms of 12 months. (3) An application for renewal of a pyrotechnician's licence must be lodged with the Director before, or within 1 month after, the date of expiry of the licence. (4) The Director may— (a) refuse to renew a pyrotechnician's licence if the Director is satisfied the applicant has not acted under the authority of the licence to an extent that is, in the opinion of the Director, appropriate for the renewal of the licence; or (b) require an applicant for renewal to satisfactorily complete a form of instruction specified by the Director before the renewal is granted. (5) A pyrotechnician's licence that is renewed by the Director under this regulation will be taken to have been renewed from the date on which the licence last expired. 12—Guidelines on appropriate practical experience and training or instruction (1) The Director will publish guidelines as to the practical experience and training or instruction that the Director will consider appropriate for the grant or renewal of a pyrotechnician's licence. (2) The requirements may vary according to the type of fireworks authorised to be used under the pyrotechnician's licence or any other factor. 13—Notification of fireworks displays and special effects displays (1) Subject to subregulation (2), it is a condition of a pyrotechnician's licence that the holder of the licence must ensure that the Director is notified (in the manner and form approved by the Director) at least 5 clear business days prior to the conduct of a fireworks display or special effects display under the authority of the licence. (2) The Director may, by conditions of licence, require the holder of the licence to obtain the prior approval of the Director for each special effects display, or each special effects display of a specified kind, conducted under the authority of the licence. 14—Public liability insurance It is a condition of a pyrotechnician's licence that the holder of the licence must ensure that, for each fireworks display conducted under the authority of the licence, a policy of public liability insurance is maintained in respect of death, personal injury and property damage arising out of the display in an amount of— (a) if the display involves the use of aerial fireworks, at least $5 million; or (b) in any other case, at least $1 million. 15—Log book to be kept by licensed pyrotechnician (1) It is a condition of a pyrotechnician's licence that the holder of the licence must— (a) keep a log book in accordance with this regulation recording each event or activity involving the use of a firework under the authority of the licence; and (b) retain the log book for at least 3 years after the event or activity to which the latest entry in the log book relates. (2) The log book must, unless otherwise approved by the Director, be bound and consist of consecutively numbered pages and entries in the book must be handwritten. (3) The log book must set out— (a) the name of the licensed pyrotechnician; and (b) the serial number of the pyrotechnician's licence; and (c) in respect of each event or activity involving the use of a firework under the authority of the pyrotechnician's licence— (i) the name and address of the person who employed or engaged the licensed pyrotechnician (if anyone); and (ii) if the event or activity is a fireworks display or special effects display, the date on which the Director was notified of the display; and (iii) the name and address of each person using fireworks under the supervision of the licensed pyrotechnician; and (iv) the date and place of the event or activity; and (v) the quantity and description of the fireworks used (including misfires and details of how each misfire was dealt with); and (vi) a reference to the written plan prepared in relation to the event or activity sufficient to enable the plan to be identified (see Schedule 1). (4) If an error is made in the log book, the error must be ruled out or otherwise marked so as to still be clearly legible and the entry signed and dated by the licensed pyrotechnician. 16—Log book to accompany application for pyrotechnician's licence (1) An applicant for a pyrotechnician's licence must, unless the Director approves otherwise, produce to the Director a log book kept by the applicant relating to each event or activity involving the use of fireworks under the supervision of a licensed pyrotechnician relied on for the purposes of the application. (2) The log book must, unless otherwise approved by the Director, be bound and consist of consecutively numbered pages and entries in the book must be handwritten. (3) The log book must— (a) set out the name and address of the applicant; and (b) in respect of each event or activity involving the use of a firework, set out— (i) the name of the supervising licensed pyrotechnician; and (ii) the serial number of the supervising pyrotechnician's licence; and (iii) the name and address of the person who employed or engaged the licensed pyrotechnician (if anyone); and (iv) the date and place of the event or activity; and (v) a description of the duties of the applicant in relation to the display; and (vi) the quantity and description of the fireworks (if any) used by the applicant under the supervision of the licensed pyrotechnician, and be certified correct by signature of the supervising licensed pyrotechnician. (4) If an error is made in the log book, the error must be ruled out or otherwise marked so as to still be clearly legible and the entry signed and dated by the supervising licensed pyrotechnician. 17—Compliance with requirements of Schedules 1 and 2 It is a condition of a pyrotechnician's licence that the holder of the licence must ensure that the requirements of Schedule 1 and Schedule 2 are complied with in respect of the use of fireworks or the conduct of a fireworks display under the authority of the licence. Division 2—Pyrotechnic displays business licence 18—Requirement to hold pyrotechnic displays business licence (1) A person must not carry on a business constituted of, or involving, the conduct or arranging for the conduct of fireworks displays or special effects displays unless the person is the holder of— (a) a pyrotechnician's licence; or (b) a pyrotechnic displays business licence. Maximum penalty: $5 000. (2) The Director may, by conditions of licence, limit the types of displays that may be conducted or arranged to be conducted in the course of the business authorised by a pyrotechnic displays business licence. 19—Criteria for grant of pyrotechnic displays business licence A pyrotechnic displays business licence will not be granted by the Director unless the applicant for the licence satisfies the Director that— (a) adequate arrangements are or will be in place to ensure compliance with the conditions of the licence; and (b) in the case of a natural person, he or she is a fit and proper person to hold a pyrotechnic displays business licence; and (c) in the case of a body corporate, each of the directors of the body corporate is a fit and proper person to hold a pyrotechnic displays business licence. 20—Term and renewal of pyrotechnic displays business licence (1) A pyrotechnic displays business licence has, subject to these regulations, effect for a period of 12 months from the date on which it is granted. (2) A pyrotechnic displays business licence may be renewed for successive terms of 12 months. (3) An application for renewal of a pyrotechnic displays business licence must be lodged with the Director at least 14 days prior to the date of expiry of the licence. 21—Requirement to ensure displays conducted in compliance with regulations It is a condition of a pyrotechnic displays business licence that the holder of the licence must take all practicable steps to ensure that each display conducted or arranged to be conducted in the course of the business authorised by the licence is conducted in accordance with these regulations. Division 3—Exempt display permit 22—Exempt display permit (1) The Director may, on application, grant an exempt display permit to a person authorising the conduct of a specified fireworks display or specified series of fireworks displays in the course of a specified event. (2) An application for an exempt display permit may only be made by a natural person who proposes to be responsible for the conduct of the fireworks display and to personally use the fireworks in the conduct of the display. (3) An exempt display permit exempts the holder, any person acting through the instrumentality of the holder and any person acting under the direct supervision of the holder from the application of Division 1 in relation to the display for which the permit is granted. (4) An exempt display permit is not to be granted unless the applicant satisfies the Director that— (a) the fireworks display is to be conducted for public or community purposes by or on behalf of a prescribed body and it is not practicable to engage a licensed pyrotechnician to conduct the display due to the distance that would need to be travelled by the licensed pyrotechnician to the place at which the display is to be conducted; and (b) the fireworks display is of a kind that is appropriate to be conducted by a person who is not a licensed pyrotechnician taking into account, without limitation, the amount and types of fireworks involved, the method of ignition of the fireworks, the complexity of the display, the nature of the display site and the proposed arrangements for safeguarding persons and property; and (c) the applicant— (i) has appropriate experience in, or has or will receive appropriate training or instruction in, the safe use and handling of fireworks of the kind to be used in the display; and (ii) does not carry on a business consisting of, or involving, the use of fireworks; and (iii) has attained the age of 21 years; and (iv) is otherwise a fit and proper person to use fireworks in the conduct of the display. (5) Subject to this regulation, the Director has an absolute discretion whether to grant or refuse an application for an exempt display permit. (6) An exempt display permit is subject to the following conditions: (a) a condition that the holder ensure that, except to the extent that the Director approves otherwise in relation to the particular display, the requirements of Schedule 1 and Schedule 2 are complied with in respect of the use of fireworks, and the conduct of the fireworks display, under the authority of the permit; (b) any other conditions that the Director imposes on the permit. (7) A person must not contravene or fail to comply with a condition of an exempt display permit. Maximum penalty: $5 000. Expiation fee: $315. (8) The Director may, on application or on his or her own initiative by written notice to the holder of an exempt display permit, vary or revoke the permit. (9) In this regulation— prescribed body means— (a) a charitable or religious body; or (b) a body formed to promote sport or any other social or community activity; or (c) a body formed for educational purposes; or (d) a body formed to promote any other public purpose. Part 4—Sale of fireworks 23—Requirement to hold pyrotechnic sales business licence (1) A person must not carry on a business constituted of, or involving, the sale of fireworks (whether by retail or wholesale) unless the person is the holder of a pyrotechnic sales business licence. Maximum penalty: $5 000. (2) The Director may, by conditions of licence, limit the business authorised by a pyrotechnic sales business licence to a retail sale business or to a wholesale business. (3) This regulation does not apply to— (a) the sale of general use fireworks; or (b) the sale of fireworks in the course of activities authorised by a pyrotechnic displays business licence, a pyrotechnician's licence or an exempt display permit. 24—Criteria for grant of pyrotechnic sales business licence A pyrotechnic sales business licence will not be granted by the Director unless the applicant for the licence satisfies the Director that— (a) adequate arrangements are or will be in place to ensure compliance with the conditions of the licence; and (b) in the case of a natural person, he or she is a fit and proper person to hold a pyrotechnic sales business licence; and (c) in the case of a body corporate, each of the directors of the body corporate is a fit and proper person to hold a pyrotechnic sales business licence. 25—Term and renewal of pyrotechnic sales business licence (1) A pyrotechnic sales business licence has, subject to these regulations, effect for a period of 12 months from the date on which it is granted. (2) A pyrotechnic sales business licence may be renewed for successive terms of 12 months. (3) An application for renewal of a pyrotechnic sales business licence must be lodged with the Director at least 14 days prior to the date of expiry of the licence. 26—General conditions of pyrotechnician sales business licence It is a condition of a pyrotechnic sales business licence that the holder of the licence must ensure that the following requirements are complied with: (a) the business conducted under the licence must, at all times, be under direct personal supervision of a licensed pyrotechnician approved by the Director; (b) only fireworks of the kind authorised to be used under the pyrotechnician's licence of the approved person may be sold; (c) fireworks may only be sold from premises approved by the Director for the sale of fireworks; (d) fireworks must not be sold in this State to a person other than— (i) the holder of a pyrotechnician's licence, or an exempt display permit, authorising use of fireworks of the kind sold; or (ii) the holder of a pyrotechnic displays business licence authorising a business constituted of, or involving, the conduct, or arranging for the conduct of, displays involving the use of fireworks of the kind sold; or (iii) the holder of a pyrotechnic sales business licence authorising the sale of fireworks of the kind sold; (e) a transaction for the sale in this State of fireworks must not be entered into unless steps of a kind approved by the Director have been taken to verify that the purchaser is a person of a class referred to in paragraph (d). 27—Requirements for premises It is a condition of a pyrotechnic sales business licence that the holder of the licence must ensure that the following requirements are complied with in respect of premises at which a customer may attend to purchase or collect fireworks: (a) the words "licensed to sell fireworks" and the serial number of the licence must be conspicuously displayed at each entrance to the premises; (b) signs indicating that fire, naked flame and smoking are prohibited must be conspicuously displayed at each entrance to the premises and at each place within the premises at which fireworks may be delivered to a customer; (c) smoking must not be permitted on the premises; (d) fireworks must not be exposed or displayed for sale (although dummy fireworks containing no explosives and labelled as dummies may be used for display purposes); (e) fireworks must be stored as required by the Act and regulations under the Act. 28—Packaging of fireworks It is a condition of a pyrotechnic sales business licence that the holder of the licence must ensure that the following requirements are complied with in respect of each package of fireworks supplied to a customer: (a) the fireworks must be packaged, and the packages marked, as required by Part 6 of the Explosives Regulations 2011 or, if the original outer packaging has been removed to allow for the sale of a smaller quantity of fireworks, the fireworks must be packaged into packagings that are sufficiently strong and closed so as to prevent spillage of loose fireworks; (b) if the package contains more than 3 kilograms (gross weight) of fireworks, the word "fireworks" must be conspicuously displayed on the outer packaging; (c) the package must have attached to it or enclosed within it readily understood instructions in English relating to the manner in which the fireworks are to be ignited and the manner in which the fireworks are designed to perform; (d) matches, including Bengal matches, magic matches and similar articles, must not be included in any package with fireworks. 29—Records It is a condition of a pyrotechnic sales business licence that the holder of the licence must ensure that a record is made of each sale of fireworks (and retained for at least two years after the sale to which it relates) setting out— (a) the name of the holder of the licence; and (b) the serial number of the licence; and (c) the date of the transaction; and (d) the quantity and description of the fireworks; and (e) if the sale takes place in this State, the name and address of the holder of the licence or exempt display permit purchasing the fireworks, the serial number of that licence or permit and any information required to be recorded by the Director for the purpose of evidencing the verification of the identity of the purchaser; and (f) if the sale takes place outside the State, the name and address of the person purchasing the fireworks. Part 5—Provisions of general application to licences 30—Conditions of licence (1) The Director may— (a) impose conditions on a licence as contemplated by these regulations; (b) in addition to the conditions imposed or contemplated by these regulations, impose conditions on a licence that the Director considers appropriate; (c) on application by the holder of, or an applicant for, a licence or on his or her own initiative, exempt (conditionally or unconditionally) the applicant from a condition of the licence imposed by these regulations if satisfied that it is appropriate to do so in the particular circumstances. (2) The Director may, on application by the holder of a licence or on his or her own initiative, by notice in writing to the holder of the licence— (a) vary or revoke a condition of the licence imposed by the Director; or (b) attach a further condition to the licence; or (c) vary or revoke an exemption under subregulation (1)(c). 31—Offence to breach conditions of licence The holder of a licence must not contravene or fail to comply with a condition of the licence. Maximum penalty: $5 000. Expiation fee: $315. 32—Cancellation or suspension of licence The Director may, by notice in writing to the holder of a licence, suspend the licence for a specified period or cancel the licence if satisfied— (a) that the holder of the licence has contravened or failed to comply with— (i) the Act or regulations under the Act; or (ii) any other law relating to explosives (including a law of another State or a Territory of the Commonwealth); or (b) that a person has otherwise acted unlawfully or improperly in the conduct of activities authorised by the licence; or (c) that an event has occurred, or circumstances have come to light, that show the holder of the licence or, in the case of a body corporate, a director of the body corporate, to be a person who is not a fit and proper person to hold such a licence. 33—Right of appeal (1) The following appeals may be made to the Administrative and Disciplinary Division of the District Court: (a) an applicant for a licence may appeal against a decision of the Director— (i) to refuse to grant the licence; or (ii) to impose particular conditions on the licence; (b) a person who holds or formerly held a licence may appeal against a decision of the Director— (i) to suspend or cancel the licence; or (ii) to impose or vary particular conditions on the licence. (2) Subject to this regulation, an appeal must be instituted within one month of the making of the decision appealed against. (3) The Director must, on application by a person seeking to appeal a decision of the Director, state in writing the reasons for the decision. (4) If the reasons of the Director are not given in writing at the time of making a decision and the person affected by the decision, within one month of the making of the decision, requires the Director to state the reasons in writing, the time for instituting an appeal runs from the time when the person receives the written statement of those reasons. Part 6—Miscellaneous 34—Applications (1) An application under these regulations (including an application for the approval of the Director) must— (a) be made to the Director in the manner and form approved by the Director for the purpose; and (b) be accompanied by documents or records as required by the Director; and (c) be accompanied by the prescribed fee (if any). (2) An applicant must— (a) provide the Director with such additional information as the Director requires to enable the Director to determine the application; and (b) if the Director so requires, verify any information provided to the Director by statutory declaration. 35—Licence to include photograph (1) A licence granted to a natural person will, if the Director so determines, include a photograph of the holder of the licence. (2) For that purpose, an applicant for a licence who is a natural person may be required by the Director— (a) to attend at a specified place to have the applicant's photograph taken; or (b) to supply the Director with one or more photographs of the applicant as specified by the Director. 37—Production of licences, permits and records (1) An inspector may require a person to whom a licence or exempt display permit has been granted under these regulations to produce for inspection the licence or permit or records required to be kept by the person under these regulations. (2) A person who does not comply with a requirement of an inspector under subregulation (1) is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. 38—False or misleading statements A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided or record kept under these regulations. Maximum penalty: $5 000. 39—Police report The Commissioner of Police must, at the request of the Director, provide to the Director any information required by the Director for the purpose of determining— (a) an application under these regulations; or (b) whether a licence should be suspended or cancelled; or (c) whether an exempt display permit should be revoked. Schedule 1—General requirements for use of fireworks 1—General duty Whenever fireworks are used such precautions must be taken and care exercised as is reasonable in the circumstances in order to avoid endangering the health or safety of any person or the safety of property. 2—Written plans (1) For each event or activity involving fireworks a written plan must be prepared (of a level of detail appropriate to the type of event or activity) addressing compliance with these regulations and the risks involved in the event or activity, including risks relating to— (a) the nature of the site and the proximity to buildings, structures and other fire hazards; and (b) crowd control; and (c) the positioning and method of igniting the fireworks. (2) A written plan prepared under subclause (1) must be retained for a period of at least 3 years after the event or activity takes place. 3—Persons using fireworks under supervision Each person using fireworks under the authority of the pyrotechnician's licence or exempt display permit (as the case requires) must— (a) be directly supervised by the holder of the licence or permit; and (b) have attained the age of 18 years; and (c) have been appropriately trained or instructed in the safe use and handling of the fireworks. 4—String crackers String crackers may only be used in the course of a cultural or religious ceremony or celebration of a kind for which string crackers are traditionally used as an integral part of the ceremony or celebration (such as Chinese New Year). 5—Use of fireworks indoors (1) Fireworks, other than indoor fireworks or general use fireworks, must not be ignited indoors without the written approval of the Director. (2) Indoor fireworks must not be ignited indoors while a spectator is closer to the point of firing than— (a) if the manufacturer's instructions for use displayed on the firework or packaging containing the firework or supplied with the firework specify a distance for that purpose—that distance; or (b) if a distance is not so specified—3 metres. 6—Flash powder (1) Flash powder must not— (a) be mixed with any other substance; or (b) be used in a pot made of steel or other ferrous material or with an opening that is at any point less than 5 times greater than the depth of the pot; or (c) be subjected to vibration; or (d) be ignited before the pot is in place; or (e) be ignited by any means other than an electrical firing system; or (f) be ignited unless the licensed pyrotechnician has a clear view of the area in which the flash powder is being used and has determined, having regard to all the circumstances, that it is safe to do so. (2) A pot containing flash powder for use must— (a) be positioned so as not to cause an obstruction to any exit; and (b) be at least 3 metres from any person or flammable material. 7—Aerial shells (1) Mortars for firing aerial shells must be suitable for the purpose, robust and in sound condition and must be arranged and secured to prevent movement during firing and danger to persons due to premature explosion of shells. (2) If the diameter of an aerial shell is greater than 150 millimetres, the mortar— (a) must be buried to its full length in the ground; or (b) if burying the mortar is not practicable, must be surrounded to over its full length with bags of sand to a width of at least 1 metre in all directions. (3) An aerial shell with a diameter of 150 millimetres or greater must not be ignited except by means of remote electrical ignition. 8—Tubes, mortars and supporting structures for fireworks (1) Firework support structures must be sufficiently secure so as to not fall over on the ignition of the firework. (2) Subject to subclause (3), tubes or mortars for fireworks or stakes, frames, supports or securing devices to which fireworks are immediately attached must not be comprised of or contain metal (although nails may be used in the construction of such devices and metal bearings may be used in parts of such devices designed to spin). (3) Indoor fireworks may, when used indoors, be attached to stakes, frames, supports or other securing devices comprised of or containing metal if no part of such device is positioned so as to be between the firework and any spectator. (4) Tubes or mortars must not be made of polyvinyl chloride. 9—Fireworks ignited electrically If fireworks are to be ignited electrically— (a) reasonable precautions must be taken to ensure that the only person who may access the firing unit is a person who may lawfully use the fireworks; and (b) reasonable precautions must be taken to prevent the fireworks from being accidentally ignited by static electricity, stray electrical currents, radio transmitters or other foreseeable cause; and (c) electrical cable used in connection with the fireworks must be secured and protected from abrasion; and (d) during the testing of the firing circuits, no person may be closer than 5 metres to any firework attached to the circuit. 10—Misfires (1) A firework that misfires must not be approached within 20 minutes of the misfire. (2) A misfired shell in a mortar must be covered with water before removal (unless, in the case of fireworks used by or under the supervision of a licensed pyrotechnician, the licensed pyrotechnician has identified the cause of the misfire and has determined that it is safe to remove the shell without first covering it with water). 11—Precautions against fire and fallout (1) When preparing fireworks and when fireworks are in position for use, there must be no open flame within 15 metres of the fireworks and no ignition or fuel source within 5 metres of the fireworks. (2) Adequate fire protection and a suitable means of firefighting must be available at the place the fireworks are being used. (3) Precautions must be taken to prevent fallout or burning particles from fireworks from igniting other fireworks. (4) Fireworks must not be positioned so as to be above a person when ignited unless precautions are taken to ensure that burning or hot debris cannot fall on the person. Schedule 2—General requirements for conduct of fireworks displays 1—Time at which display may be conducted A fireworks display may only be conducted— (a) between 4:00 pm and 10:00 pm; or (b) on New Year's Eve between 4:00 pm and 12:30 am; or (c) at some other time approved in writing by the Director. 2—Requirement to have licence or permit at display At all times during a fireworks display and when fireworks are being prepared for a fireworks display, the person responsible for the conduct of the fireworks display must be present and have available for inspection his or her pyrotechnician's licence or exempt display permit. 3—Notice of display At least 7 and not more than 14 days before a fireworks display is conducted, a notice specifying the place, date and time of the display and the name and contact details of the person conducting the display must be published as follows: (a) if the display involves the use of aerial fireworks—the notice must be published in a newspaper circulating in the area in which the display is to be conducted; (b) if the display does not involve the use of aerial fireworks but does involve the use of fireworks principally designed to produce an aural effect—either the notice may be published in a newspaper circulating in the area in which the display is to be conducted or a copy of the notice left in the letterbox of each premises in an area approved by the Director on request; (c) in any other case—either the notice may be published in a newspaper circulating in the area in which the display is to be conducted or a copy of the notice left in the letterbox of each premises adjoining the display site or that would adjoin the display site apart from an intervening road or public area. 4—Conditions requiring display to be postponed or halted (1) A fireworks display must be postponed or halted if weather conditions may result in danger to the safety of persons or property arising from the holding or continuation of the display. (2) If a firework malfunctions, or some other incident occurs, resulting in danger to the safety of persons, the display must be halted and must not be resumed until it is safe to do so. 5—Keeping and positioning of fireworks at display site (1) Fireworks kept at the site prior to being positioned for the display must be kept within a secured area in sturdy spark-proof closed receptacles clearly and conspicuously marked with the word "fireworks" and a person responsible for the fireworks must be present at all times while the fireworks are so kept (but the fireworks must not be at the site prior to being positioned for the display for longer than 24 hours). (2) Fireworks positioned for the display must not remain so positioned for longer than 48 hours before the commencement of the display and a person responsible for the fireworks must be present at all times while the fireworks are so positioned. 6—Prohibition against reloading mortars during display Reloading of mortars (if used for the display) must not occur during a fireworks display. 7—Prohibited area (1) For the purposes of protecting the safety of members of the public, a prohibited area must be created in respect of a fireworks display encompassing— (a) an area surrounding the point or points at which the fireworks are positioned; and (b) an area set aside as the fall-out area for unexploded shells or debris from ignited fireworks, (for example by erecting barricades around the area, using natural barriers such as a body of water or by sufficient security patrols of the area). (2) The prohibited area must be determined taking into account the nature of the fireworks, the angle at which they are to be fired, wind conditions and other relevant factors, but in any event must be such as to ensure compliance with clause 8. (3) After the fireworks are in position for the display, during the display and until the searches required by this subregulation have been completed, members of the public must be excluded from the prohibited area. (4) During the display, each person within the prohibited area must wear spark resistant clothing (including a hat), eye protection, enclosed footwear and, if the fireworks used include fireworks principally designed to produce an aural effect, ear protection. (5) Adequate fire fighting equipment and, if required for use in connection with that equipment, an adequate supply of water must be available within the prohibited area. (6) Each firework must be positioned or aimed so that any debris falls in the pre-determined fall-out area (comprising part of the prohibited area) away from spectators and the firework does not cross over or burst in airspace above spectators. 8—Minimum separation distance from spectators (1) Subject to subclause (2), for the purposes of this clause the size of an aerial firework is— (a) in the case of an aerial shell—the greater of the diameter of the shell or the length of the shell; and (b) in any other case—the inside diameter of the tube comprising or containing the firework. (2) In the case of an aerial shell that is a multi-break shell, the size of the shell will be regarded as being within the range of shell sizes in the table in subclause (3) that is one greater than the range in which it actually falls. (3) No spectator is to be closer to a point at which fireworks are positioned for a fireworks display than the distance determined in accordance with the following table:

Firework type Distance in metres String cracker 5 Indoor firework 5 Aerial firework—

51mm or less—

•	salute

70 • other 50 greater than 51mm and less than or equal to 64mm—

•	salute

75 • other 50 Aerial firework— If fireworks are angled away from spectators In any other case greater than 64mm and less than or equal to 76mm—

•	salute

80 80 • other 55 65 greater than 76mm and less than or equal to 102mm 65 85 greater than 102mm and less than or equal to 127mm 85 110 greater than 127mm and less than or equal to 152mm 100 130 greater than 152mm and less than or equal to 178mm 120 150 greater than 178mm and less than or equal to 203mm 140 170 greater than 203mm and less than or equal to 254mm 170 215 greater than 254mm 200 255 Other firework 40 Note— The distances fixed for aerial fireworks (other than fireworks angled away from spectators) have been based on vertical mortars and conditions of no wind. 9—Searches following display (1) After a fireworks display is completed, a search must be made of the prohibited area for unfired or unexploded fireworks or parts of fireworks and any such fireworks or parts, or any other debris resulting from the use of the fireworks, must be collected and disposed of safely. (2) The search must be undertaken immediately after the display is completed and, if the light or weather conditions at that time prevent a thorough search being conducted, a further thorough search must be conducted as soon as practicable after the light and weather conditions allow it. (3) The prohibited area must remain secured from unauthorised access until the required searches are completed. Schedule 4—Revocation and transitional provisions Part 1—Revocation of Explosives (Fireworks) Regulations 2001 1—Revocation of Explosives (Fireworks) Regulations 2001 The Explosives (Fireworks) Regulations 2001 are revoked. Part 2—Transitional provisions 2—Interpretation In this Part— revoked regulations means the regulations revoked by clause 1. 3—Pyrotechnician's licences A pyrotechnician's licence in force under the revoked regulations immediately before the commencement of these regulations will, on that commencement, be taken to be a pyrotechnician's licence under these regulations and any conditions to which the licence was subject under the revoked regulations immediately before that commencement will be taken to continue to apply to the licence under these regulations if they had been imposed under these regulations. 4—Pyrotechnic displays business licences A pyrotechnic displays business licence in force under the revoked regulations immediately before the commencement of these regulations will, on that commencement, be taken to be a pyrotechnic displays business licence under these regulations and any conditions to which the licence was subject under the revoked regulations immediately before that commencement will be taken to continue to apply to the licence under these regulations if they had been imposed under these regulations. 5—Pyrotechnic sales business licences A pyrotechnic sales business licence in force under the revoked regulations immediately before the commencement of these regulations will, on that commencement, be taken to be a pyrotechnic sales business licence under these regulations and any conditions to which the licence was subject under the revoked regulations immediately before that commencement will be taken to continue to apply to the licence under these regulations if they had been imposed under these regulations. 6—Approvals An approval in force under the revoked regulations immediately before the commencement of these regulations will, on that commencement, be taken to be an approval under these regulations and any conditions to which the approval was subject under the revoked regulations immediately before that commencement will be taken to continue to apply to the approval under these regulations as if they had been imposed under these regulations. 7—Exemptions An exemption in force under the revoked regulations immediately before the commencement of these regulations will, on that commencement, be taken to be an exemption under these regulations and any conditions to which the exemption was subject under the revoked regulations immediately before that commencement will be taken to continue to apply to the exemption under these regulations as if they had been imposed under these regulations. 8—Permits An exempt display permit in force under the revoked regulations immediately before the commencement of these regulations will, on that commencement, be taken to be an exempt display permit under these regulations and any conditions to which the permit was subject under the revoked regulations immediately before that commencement will be taken to continue to apply to the permit under these regulations as if they had been imposed under these regulations. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Revocation of regulations The Explosives (Fireworks) Regulations 2016 will be revoked by Sch 1 cl 5 of the Explosives Act 2024. Legislation revoked by principal regulations The Explosives (Fireworks) Regulations 2016 revoked the following: Explosives (Fireworks) Regulations 2001 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2016 24 Gazette 28.4.2016 p1290 1.9.2016: r 2 2017 139 Gazette 22.6.2017 p2373 1.7.2017: r 2 2018 148 Gazette 21.6.2018 p2404 Sch 2 (cll 8 to 11)—1.7.2018: r 2 2020 136 Gazette 4.6.2020 p2976 1.7.2020: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2017 r 3

prescribed fee inserted by 148/2018 Sch 2 cl 8 1.7.2018

varied by 136/2020 r 4 1.7.2020 r 34

r 34(1) varied by 148/2018 Sch 2 cl 9 1.7.2018 r 36 deleted by 148/2018 Sch 2 cl 10 1.7.2018 Sch 3 substituted by 139/2017 r 4 1.7.2017

deleted by 148/2018 Sch 2 cl 11 1.7.2018 Historical versions 1.7.2017

1.7.2018

1 Explosives (Fireworks) Regulations 2016

South Australia Explosives (Fireworks) Regulations 2016 under the Explosives Act 1936

The Act organises the regulatory approach around a handful of legal concepts, each precisely defined (regulation 3) and then operationalised:

Firework definitions and exclusions: "firework" covers manufactured items, items adapted to contain explosive pyrotechnic composition and flash powder, but expressly excludes distress signals, model rocket motors and cracker shells (regulation 3). The regulations then single out categories (aerial firework, aerial shell, string cracker, sky rocket, indoor firework, general use firework) that attract differential controls in use, sale and display (regulation 3 and various provisions). Understanding the taxonomy is central to determining licensing and conduct obligations.
Licence types and scope: Three distinct licencing categories are established. A pyrotechnician’s licence authorises personal use and conduct of displays except for general use fireworks where supervision may suffice (regulation 9). The pyrotechnic displays business licence authorises carrying on a business arranging or conducting displays (regulation 18). The pyrotechnic sales business licence governs retail and wholesale sale businesses (regulation 23).
Director’s discretion and guidance: Key tests are expressed in terms of the Director’s opinion or satisfaction. Applicants must satisfy the Director about training, experience, fitness and properness (regulation 10, 19, 24). The Director publishes guidelines on acceptable experience and training (regulation 12) and may impose or vary licence conditions (regulation 30). The Director also has an absolute discretion whether to grant an exempt display permit (regulation 22(5)). Many operational permissions , for example written approvals for prohibited activities (regulations 5(1), 8) or indoor ignition (Schedule 1 cl 5(1)) , require Director approval.
Safety‑process constructs: The regulations embed procedural safety measures: written plans retained for at least three years (Schedule 1 cl 2), log books for licensed pyrotechnicians (regulation 15), notification and public notice periods for displays (regulation 13; Schedule 2 cl 3), and on‑site exclusion zones, firing distances and personal protective equipment rules (Schedule 2 cl 7-8). Where technical rules apply they are prescriptive , e.g., burial or sand‑bagging of large mortars (Schedule 1 cl 7(2)), prohibition on PVC mortars (Schedule 1 cl 8(4)), and electrical ignition safeguards (Schedule 1 cl 9).
Enforcement and remedies: Offences attract maximum monetary penalties (frequently $5,000) and prescribed expiation fees for certain low‑quantity possessions (regulation 6). Licences may be suspended or cancelled for breaches or if the holder is not fit and proper (regulation 32). Inspectors may demand production of licences and records and non‑compliance is an offence (regulation 37). The Commissioner of Police must provide information to the Director on request (regulation 39).

These core concepts channel regulatory outcomes: licensing gates market participation, prescriptive safety rules restrict operational choices and the Director’s powers centralise decision‑making. Each concept connects to duties on businesses and individuals to keep records, obtain approvals and operate within technical constraints set out in the Schedules.

The regulations affect several distinct groups and entities by name and by the duties assigned to them.

Individual pyrotechnicians and would‑be operators: Any person who wishes to personally use fireworks (other than general use fireworks) must hold a pyrotechnician’s licence or act under direct supervision of a licensed pyrotechnician (regulation 9(1)). Applicants must be at least 21 years old and be fit and proper, with practical experience and training acceptable to the Director (regulation 10). Licensed pyrotechnicians must keep bound, handwritten log books and retain them for three years (regulation 15).
Businesses arranging or conducting displays: A person carrying on a business that conducts or arranges fireworks displays or special effects displays must hold either a pyrotechnician’s licence or a pyrotechnic displays business licence (regulation 18). Corporations are in scope: each director of a corporate applicant must be a fit and proper person (regulation 19).
Sellers and retailers: Anyone carrying on a business of selling fireworks (retail or wholesale) must hold a pyrotechnic sales business licence (regulation 23), with conditions that retail sales be under direct personal supervision of an approved licensed pyrotechnician (regulation 26(a)). Sales premises are regulated in signage, smoking prohibition and non‑display rules (regulation 27).
Customers and purchasers: Purchasers of non‑general fireworks are restricted. A pyrotechnic sales licence holder may only sell fireworks in the State to specified classes of purchasers: holders of a pyrotechnician’s licence, holders of an exempt display permit, a pyrotechnic displays business licence, or another pyrotechnic sales business licence (regulation 26(d)). Sellers must take approved verification steps before completing transactions (regulation 26(e)).
Prescribed bodies and community groups: Exempt display permits are limited to displays conducted by or on behalf of a "prescribed body" (charitable, religious, sporting, educational or other public purpose bodies) where it is impracticable to engage a licensed pyrotechnician due to distance (regulation 22(4)(a)). Applicants for those permits must be natural persons who will personally conduct and use the fireworks and must be 21 and fit and proper (regulation 22(2), 22(4)(c)).
Inspectors and police: Inspectors (acting in official duties) are not subject to these regulations (regulation 4), but they have inspection powers: they may require production of licences and records (regulation 37). The Director may request police reports from the Commissioner (regulation 39), which brings police records into licensing decisions.
Suppliers and importers: There are specific rules on imported items: imported aerial shells packaged with a reloadable non‑compliant mortar are prohibited from sale (regulation 7). An importer who becomes owner of such a package must remove and dispose of the mortar (regulation 7(2)).

Who pays: licence applicants and holders (fees prescribed), insured parties (public liability insurance minimums in regulation 14), and sellers (costs of premises signage, secure storage and staff training). Who decides: the Director has primary decision power on grant, conditions and approvals, with appeal rights to the District Court (regulation 33). Behaviour changes expected: firms must reorganise sales (verification, restriction of customers, no open displays), apply for and maintain licences and insurance, implement logbook and written plan systems, and adhere to technical display controls in Schedules 1 and 2.

The regulations create a web of affirmative duties for licensed persons and businesses, and rights in the form of administrative appeal and certain exemptions.

Duties (selected, with section references)

Licensing: Do not use, conduct or sell fireworks (other than general use fireworks or otherwise permitted) unless authorised by the appropriate licence or exempt display permit (regulation 6(1); regulation 9(1)-(2); regulation 23(1)).
Qualifications and training: Applicants for a pyrotechnician’s licence must show practical experience and appropriate training "in the opinion of the Director" (regulation 10(a)-(b)); the Director will publish guidelines on acceptable experience/training (regulation 12).
Notification and approval: Notify the Director at least five clear business days before a fireworks or special effects display, unless the Director has different licence conditions (regulation 13(1)-(2)). For displays, give public notice 7-14 days before according to the category in Schedule 2 cl 3.
Insurance: Maintain public liability insurance for each display , at least $5 million when aerial fireworks are used, otherwise at least $1 million (regulation 14).
Records and log books: Keep a handwritten, bound log book for each pyrotechnician’s licence recording each event and retain for at least three years (regulation 15). Sales businesses must record each sale, retaining sales records for at least two years (regulation 29). Records must be produced to inspectors on demand (regulation 37).
Safety plans and conduct: Prepare written plans for each event proportionate to the event type and retain them for three years (Schedule 1 cl 2). Ensure compliance with Schedule 1 (use) and Schedule 2 (display conduct) as conditions of the pyrotechnician’s licence (regulation 17).
Premises and packaging: Sales premises must display licence details, prohibit smoking, not expose fireworks for sale, and store fireworks as required by the Act and regulations (regulation 27). Packages over 3 kg must be conspicuously marked "fireworks" and include instructions in English; matches must not be packed with fireworks (regulation 28).
Prohibited and restricted items: Do not manufacture, keep, sell or use prohibited fireworks without written Director approval (regulation 5). Do not transport a prepared firework on public roads without written approval (regulation 8).
Effective control for businesses: Holders of a pyrotechnic displays business licence must take all practicable steps to ensure displays conducted or arranged by the business comply with the regulations (regulation 21). A sales business must ensure its activities are under direct personal supervision of an approved licensed pyrotechnician (regulation 26(a)).

Rights and procedural protections

Right to apply and receive reasons: Applications are to be made in the form approved by the Director and accompanied by any documents and fees required (regulation 34). If a person seeks reasons for the Director’s decision, the Director must provide them in writing on request (regulation 33(3)-(4)).
Appeal rights: An applicant or licence holder may appeal to the Administrative and Disciplinary Division of the District Court against refusal to grant a licence, imposition of conditions, suspension or cancellation (regulation 33(1)). The appeal period is generally one month from the decision or from receipt of written reasons (regulation 33(2), (4)).
Discretion and exemptions: The Director may exempt applicants from specific regulatory conditions, impose additional conditions, vary or revoke conditions, and may approve otherwise prohibited activity where in writing (regulation 30; regulation 5(1) exceptions).

Practical effect: The duties are mostly operational and administrative, aimed at risk control , licensing, training, documentation, insurance and site safeguards. Rights are procedural rather than substantive; the Director’s broad discretionary powers are balanced only by the statutory right of appeal and the Director’s obligation to supply written reasons on request.

The regulations attach criminal offences and administrative enforcement mechanisms, with a mix of maximum fines and expiation fees for specified minor breaches.

Monetary penalties and expiations

Maximum penalties: Many offences carry a maximum penalty of $5,000. Examples include breaches of the prohibited fireworks rules (regulation 5), unlawful sale or possession of non‑general fireworks (regulation 6), unlawful sale of certain imported packages (regulation 7(1)), transportation of prepared fireworks without approval (regulation 8), using a firework without a pyrotechnician’s licence (regulation 9), carrying on a sales business without a licence (regulation 23), and contravening licence conditions (regulation 31).
Expiation fees: For lesser quantity possession offences and certain contraventions, expiation fees are prescribed: possession of less than 3 kg of fireworks, or certain offending conduct, attracts an expiation fee of $315 under regulation 6(1) and regulation 31. Import disposal failure attracts an expiation fee of $210 under regulation 7(2).

Enforcement powers and mechanisms

Inspectors: An inspector may require production of licences, permits and records (regulation 37(1)). Failure to comply is an offence (regulation 37(2)) and attracts a maximum penalty of $5,000 and an expiation fee of $315.
Director’s administrative sanctions: The Director may suspend or cancel a licence by written notice if satisfied the holder has contravened the Act or regulations, acted unlawfully or improperly in relation to authorised activities, or the holder is not fit and proper (regulation 32). The Director also imposes conditions, varies or revokes them (regulation 30), and may revoke exempt display permits (regulation 22(8)).
Police information sharing: The Commissioner of Police must provide information to the Director at the Director’s request for licensing and disciplinary determinations (regulation 39). This links criminal/police intelligence to administrative licensing decisions.
Criminal liability for false statements: It is an offence to make a false or misleading statement in information provided or records kept under the regulations, with a maximum penalty of $5,000 (regulation 38).

Operational enforcement contours and thresholds

Many rules are strict liability style compliance obligations backed by monetary sanctions, particularly those around possession, sale and licence conditions. The Director’s decision to cancel or suspend a licence may follow breach of the Act or other explosives laws (regulation 32(a)(ii)) and may therefore involve evidentiary processes external to the regulations (for example, other State or Territory laws).
The regulations pair prescriptive technical rules (Schedules 1 and 2) with administrative sanctions for non‑compliance. Inspectors have direct on‑site power to request documentary evidence and to enforce non‑production as an offence; the Director’s suspension or cancellation power is an administrative sanction capable of immediate operational effect (removing a person or business from the market).
Appeal route: Affected persons may appeal Director decisions to the District Court Administrative and Disciplinary Division within one month (regulation 33). The court avenue is the defined legal remedy for review of administrative decisions but does not directly prevent penalties for pre‑existing breaches.

The Regulations are made under the Explosives Act 1936 and expressly interact with other statutory instruments and administrative systems.

Relationship to the Explosives Act 1936: The regulations operate as subordinate legislation under the Act. Numerous provisions in the regulations are framed in terms of the Act , for example, licence references are to licences under "the Act" and these regulations (interpretation, regulation 3; production and enforcement powers under regulation 37). The Director’s powers under the regulations (imposing conditions, granting exemptions or approvals) sit within the authority conferred by the Act.
Cross‑reference to Explosives Regulations 2011: Packaging obligations require compliance with Part 6 of the Explosives Regulations 2011 or equivalent strong packaging where outer packaging has been removed (regulation 28(a)). Storage requirements for premises are to be as required by "the Act and regulations under the Act" (regulation 27(e)), which likely encompasses the Explosives Regulations 2011. That integrates explosives storage standards and transport rules outside the fireworks specific instrument.
Other laws and external approvals: Regulation 32 allows the Director to suspend or cancel where the holder has contravened "any other law relating to explosives (including a law of another State or a Territory of the Commonwealth)" (regulation 32(a)(ii)). This explicit cross‑jurisdictional scope means breaches of interstate or Commonwealth explosives laws can trigger administrative sanctions in South Australia.
Police and criminal records: The Commissioner of Police must provide information to the Director on request to assist licensing decisions and disciplinary matters (regulation 39). That creates an information flow whereby criminal records and police intelligence can lawfully inform licence grants, suspensions and revocations.
Administrative review and court oversight: Appeals against Director decisions are to the Administrative and Disciplinary Division of the District Court (regulation 33). That situates the regulatory disputes within the ordinary administrative law framework and court oversight, allowing judicial review-style scrutiny of Director decisions through the appeal route specified.
Transitional relations to revoked regulations: The Regulations revoke the 2001 Regulations and include transitional continuity for licences, approvals, exemptions, and permits in Schedule 4 Part 2 (clauses 3-8). That preserves existing authorisations while moving to the new regulatory framework.
Interaction with local laws and event approvals: The regulations prescribe public notice requirements (Schedule 2 cl 3) and safety requirements that will interact in practice with local council landuse approvals, emergency service requirements and environmental or noise regulations. The text does not set out those other approvals but the Director’s requirement to be notified and the public notice regime imply coordination with other regulatory regimes will be necessary in practice.

In short, the Regulations operate in a networked way with the parent Act, the broader explosives regulatory regime (Explosives Regulations 2011), police information flows, and civil or criminal laws in other jurisdictions. Compliance with these Regulations will often require parallel compliance with storage, transport and safety obligations set out elsewhere.

The Regulations were made in 2016 and the legislative history supplied records later variations and the intended revocation by later primary legislation.

Key dates and instrument references

Principal regulations: Explosives (Fireworks) Regulations 2016, Gazette 28.4.2016 p1290 (Regulation 2 indicates commencement on 1.9.2016) (see legislative history entries).
Subsequent variations recorded in the legislative history:
- 2017 variation: No. 139, Gazette 22.6.2017 p2373, commencement 1.7.2017 (r 4 substituted Sch 3; see legislative history table).
- 2018 variation: No. 148, Gazette 21.6.2018 p2404, Sch 2 (cll 8 to 11) effective 1.7.2018. The 2018 notice inserted "prescribed fee" into r 3 and varied r 34(1) among other changes (legislative history).
- 2020 variation: No. 136, Gazette 4.6.2020 p2976, commencement 1.7.2020; r 3 "prescribed fee" was further varied by the 2020 instrument.

Provisions varied and editorial notes

The legislative history specifically notes that r 2 was omitted under the Legislation Revision and Publication Act 2002 on 1.7.2017; r 3 "prescribed fee" was inserted by 148/2018 Sch 2 cl 8 and later varied by the 2020 instrument (see legislative history table). Sch 3 was substituted and later deleted by 2018 amendments. The history lists active and historical consolidated versions (1.7.2017, 1.7.2018).

Transitional provisions on commencement

Schedule 4 Part 1 revokes the Explosives (Fireworks) Regulations 2001. Schedule 4 Part 2 contains transitional clauses (clauses 2-8) preserving existing pyrotechnician licences, displays business licences, sales licences, approvals, exemptions and permits as licences, approvals and permits under the new Regulations, with existing conditions continuing where they would have been imposed under the new instrument (Schedule 4 cl 3-8).

Future revocation

The legislative history includes a note that "The Explosives (Fireworks) Regulations 2016 will be revoked by Sch 1 cl 5 of the Explosives Act 2024." That is recorded as a scheduled revocation in the instrument’s legislative history. The text given records that forthcoming change as a matter of the legislative record.

Practical import of amendments

The amendments in 2017, 2018 and 2020 reflect iterative updates to administrative details such as prescribed fees and the form of application provisions. Transitional clauses ensure continuity of authorisations. The recorded revocation by the Explosives Act 2024 indicates that the rules were intended to be superseded by an integrated Act‑level reform package; that affects planning horizons for businesses and licensing authorities but the Regulations themselves preserve existing licences pending their revocation.

The Regulations, as provided, do not cite or record any judicial decisions or litigation outcomes. No cases are named in the instrument text. The only adjudicative forum explicitly provided is the Administrative and Disciplinary Division of the District Court for appeals against the Director’s licensing decisions (regulation 33). That provision sets the procedural access point for judicial review of administrative decisions under the Regulations.

What is relevant from the text for litigation or dispute risk:

Appeals: Applicants may appeal Director refusals to grant a licence or imposition of conditions; licence holders may appeal suspensions, cancellations and imposition or variation of particular conditions (regulation 33(1)(a)-(b)). An appeal must be instituted within one month of the decision appealed against unless the time runs from the written reasons when those are provided subsequently (regulation 33(2)-(4)). The Director must provide written reasons on request (regulation 33(3)-(4)), which is a procedural entitlement that can affect timeliness and grounds of appeal.
Grounds likely to arise: Disputes likely to generate litigation would concern the Director’s exercise of discretion over fitness and properness, imposition of conditions, grant or refusal of licences or exempt display permits, or suspension/cancellation of licences following alleged contraventions or police information. The Regulations vest wide, opinion‑based tests in the Director (e.g., "in the opinion of the Director" in regulation 10 and regulation 12, and absolute discretion over exempt permits in regulation 22(5)), which typically produce contested administrative law questions about reasonableness, procedural fairness and whether the Director followed statutory requirements in making the decision.
Evidence and record requirements: Licence holders are required to keep log books and records (regulations 15, 16, 29) and to produce them to inspectors (regulation 37). Failure to produce records is an offence (regulation 37(2)), which could also become evidence in disciplinary processes. False or misleading statements in records are an offence (regulation 38), which links administrative and criminal enforcement.
Absence of recorded cases: Because the instrument contains no cases, no judicial interpretations of the Regulations are supplied; litigators should prepare based on the statutory language, the Director’s published guidelines (regulation 12) and general administrative law principles as they apply to the Director’s exercise of power.

In practice, the available dispute pathway is the specified appeal to the District Court; further judicial review mechanisms would depend on the court’s jurisprudence and the interaction with the Act. The Regulations’ procedural provisions (right to written reasons, appeal timelines) set the immediate framework for any litigation.

Several provisions in the Regulations contain practical traps and counterintuitive results that practitioners and operators must watch for.

Age discrepancies: Applicants for a pyrotechnician’s licence and holders of exempt display permits must be aged at least 21 (regulation 10(c); regulation 22(4)(c)(iii)), yet persons using fireworks under supervision must have attained the age of 18 (Schedule 1 cl 3(b)). This means supervised users may be 18-20, but to be the responsible licensed or permitted user you must be 21. That creates a compliance gap if an 18-20 year old is intended to be the person in charge.
Director’s wide discretion and subjective standards: Multiple gates depend on the Director’s opinion or satisfaction: appropriate experience and training (regulation 10(a)-(b)), fitness and propriety (regulation 10(d), 19(b)), guidelines on acceptable experience/training to be published (regulation 12). The exempt display permit is subject to the Director’s "absolute discretion" (regulation 22(5)). Those subjective standards can produce unpredictability unless the Director’s guidelines are precise and published.
Handwritten, bound log book requirement: Pyrotechnicians must keep a bound, consecutively‑numbered, handwritten log book unless otherwise approved by the Director (regulation 15(2)). Electronic records are not expressly permitted without Director approval , this is an operational constraint for modern record‑keeping systems.
Strict premises and sales constraints: Sales premises must not expose fireworks for sale (regulation 27(d)); only dummy fireworks may be used for display purposes. Sales may only be made to specified licence/permit holders within the State (regulation 26(d)). Sellers must implement Director‑approved verification steps (regulation 26(e)) and keep detailed records for at least two years (regulation 29). Those rules mean online or remote sales models will need careful structuring to ensure the purchaser is an authorised class and verification steps are documented.
Packaging and >3kg marking: If a package contains more than 3 kg gross weight of fireworks, the word "fireworks" must be conspicuously displayed on the outer packaging (regulation 28(b)). Sellers who repack or supply smaller quantities after removing original packaging must ensure repackaging prevents spillage and complies with the Explosives Regulations 2011 (regulation 28(a)).
Transport of prepared fireworks prohibited: Transporting a firework on a public road if it has been "prepared for display" requires written approval of the Director (regulation 8). Practically, that requires planning and prior approval for staging or moving sets of fireworks between sites.
Imported reloadable mortars: Imported aerial shells packaged with reloadable mortars not to Schedule 1 standards cannot be sold; importers who become owners must remove and dispose of the mortar as soon as reasonably practicable (regulation 7). That imposes immediate disposal duties on unintended owners (e.g., if packages are delivered into the State).
Misfire timing and treatment rules: Misfires must not be approached within 20 minutes (Schedule 1 cl 10(1)). Mortar misfires must be covered with water before removal, except where a licensed pyrotechnician has identified the cause and determined it is safe (Schedule 1 cl 10(2)). Non‑technical personnel must not assume flexibility on these safety rules.
Electrical ignition constraints for flash powder: Flash powder must be ignited only by an electrical firing system and not be subjected to vibration, mixed with other substances, or ignited before the pot is in place (Schedule 1 cl 6). Additionally, aerial shells of 150 mm diameter or greater must be ignited only by remote electrical ignition (Schedule 1 cl 7(3)). Those technical requirements restrict manual firing options.
Display timing limits and public notice: A display is normally permitted only between 4:00 pm and 10:00 pm, with extension to 12:30 am on New Year’s Eve, unless written approval is obtained from the Director (Schedule 2 cl 1). Public notice obligations require advertising 7-14 days prior (Schedule 2 cl 3), with different routes based on whether aerial fireworks or aural effect fireworks are involved. Last‑minute or emergency events will face constraints.
Liability insurance minimums: Pyrotechnicians must ensure insurance of at least $5 million where aerial fireworks are used, otherwise at least $1 million (regulation 14). That is an essential commercial cost for conducting displays and may be a gate for smaller community groups.
Exempt display permit narrowness: Exempt permits require the applicant to be a natural person, over 21, not carrying on a fireworks business, and the display must be for a prescribed body where engaging a licensed pyrotechnician is impracticable due to distance (regulation 22(2)-(4)). The "absolute discretion" to grant or refuse means applicants should not rely on a presumption of grant.
Production and false statements: Inspectors may require records; failure to produce them is an offence (regulation 37). False or misleading statements in records attract penalties (regulation 38).

These “gotchas” are concrete operational constraints embedded in the Regulations that can trip up organised and informal operators alike. Many are amenable to mitigation through pre‑emptive approvals, clear Director engagement and documenting training, verification and insurance.

For practitioners advising operators, sales businesses and community groups, compliance requires an administrative and operational program across licensing, documentation, insurance and technical control. Below is a practical checklist mapped to the Regulations.

Determine the activity type and licence required

Use the definitions in regulation 3 to classify the fireworks and the activity: general use fireworks, indoor fireworks, aerial fireworks, aerial shells, string crackers, special effects displays, fireworks display. If activity involves anything other than general use fireworks, ensure an appropriate licence or exempt display permit is in place (regulation 6(1), 9(1)-(2), 23(1)).

Licence applications and Director engagement (regulations 10, 12, 19, 24, 34)

Apply in the manner and form approved by the Director, with required documents and prescribed fee (regulation 34). Expect to provide proof of age, evidence of practical experience and training for pyrotechnicians (regulation 10). Where experience/training depends on the type of fireworks, consult the Director’s published guidelines under regulation 12 and seek pre‑application advice if unclear.
For a sales business, demonstrate adequate arrangements for compliance and nominated fit and proper persons (regulation 24).

Insurance and financial risk

Secure public liability insurance before each display: minimum $5 million for aerial fireworks, $1 million otherwise (regulation 14). Ensure certificates can be produced to inspectors and retained with display records.

Training, log books and record keeping (regulations 15, 16, 29)

For pyrotechnicians, maintain a bound, consecutively numbered, handwritten log book with prescribed entries (regulation 15(2)-(3)) and retain for at least three years (regulation 15(1)(b)). For applicants, produce log books of supervised events for Director review (regulation 16).
Sales businesses must record each transaction and retain sales records for at least two years, including purchaser identity where sold within the State (regulation 29).

Written plans and site safety (Schedule 1 cl 2; regulation 17)

Prepare a written plan for each event detailing site risks, crowd control and ignition positioning (Schedule 1 cl 2(1)). Retain plans for at least three years (Schedule 1 cl 2(2)). Ensure compliance with Schedules 1 and 2 as licencing conditions (regulation 17).

Operational safety and technical compliance (Schedules 1 and 2)

Follow prescriptive technical measures: mortar construction and burial (Schedule 1 cl 7), prohibition on PVC tubes (Schedule 1 cl 8(4)), electrical firing safeguards (Schedule 1 cl 9), misfire procedure (Schedule 1 cl 10), and minimum spectator separation distances based on firework size (Schedule 2 cl 8 and table).
Create and secure prohibited areas during displays, provide appropriate PPE for persons within those areas (Schedule 2 cl 7(3)-(5)), conduct post‑display searches and secure the prohibited area until searches are complete (Schedule 2 cl 9).

Sales premises and packaging (regulations 26-28)

Ensure sales operations are under the direct personal supervision of a licensed pyrotechnician approved by the Director (regulation 26(a)). Do not expose fireworks for sale at premises (regulation 27(d)). Display licence details and no smoking signage (regulation 27(a)-(b)). Pack fireworks in compliance with Part 6 of the Explosives Regulations 2011 or equivalent robust packaging and mark packages exceeding 3 kg (regulation 28).

Notifications and public notices (regulation 13; Schedule 2 cl 3)

Notify the Director in the approved manner at least five clear business days prior to a display (regulation 13(1)). Publish public notice 7-14 days before the display in the manner required by Schedule 2 cl 3 depending on the fireworks used.

Manage approvals for deviations and transport

Seek written approvals from the Director for anything prohibited without approval (for example manufacturing or transporting prepared fireworks on public roads,regulation 5(1) exceptions and regulation 8). Apply well in advance to allow time for the Director’s discretion to be exercised.

Ensure fit and proper persons and fit corporate governance

For corporate licence holders, ensure each director meets the fit and proper test (regulation 19(c); regulation 24(c)). Maintain adequate arrangements to ensure compliance with licence conditions (regulation 19(a)).

Responding to inspectors and audits (regulations 37-39)

Have licences, permits and records available for inspection at short notice. Have processes to promptly produce documents and to comply with police requests for information made to the Director (regulation 39). Train staff on the requirement that failure to produce records is an offence (regulation 37(2)).

Manage renewals and appeals

Track licence expiry and renewal windows: pyrotechnician licences may be renewed with application before or within one month after expiry (regulation 11(3)), displays business and sales business licences require renewal applications at least 14 days prior to expiry (regulations 20(3) and 25(3)). If refused or conditions imposed, obtain written reasons and note the one‑month appeal period to the District Court (regulation 33).

For community groups seeking exempt permits (regulation 22)

Ensure the display is for a prescribed body and engaging a licensed pyrotechnician is impracticable due to distance. Applicants must be natural persons over 21, not carrying on a fireworks business, with suitable experience or training (regulation 22(4)). Because grant is in the Director’s absolute discretion, prepare comprehensive risk plans and demonstrate the necessity of the exemption.

Audit and continuous improvement

Maintain internal audit trails for verification processes mandated by regulation 26(e), training records, logbook entries, safety plan updates and insurance renewals. Where electronic systems are preferred, seek prior written approval from the Director to avoid breach of the handwritten logbook requirement (regulation 15(2)).

Seek documented approvals where ambiguous

Where the regulations permit the Director to approve exceptions or give directions (for example, on forms of training deemed appropriate, authorising indoor ignition, transporting prepared fireworks), seek written approvals to create evidentiary protection.

In summary, compliance is a programme of licensing, documented training and experience, prescribed insurance, detailed record‑keeping, pre‑event public notice and Director notifications, and strict adherence to the technical constraints in Schedules 1 and 2. Legal advisers should prioritise administrative engagement with the Director, obtain written approvals for non‑standard activities and ensure operational systems capture the handwritten logbook, sales records, written plans and insurance certificates the Regulations require.

Explosives (Fireworks) Regulations 2016

Plain English Summary

Deep Dive

What it does

Current sections

Explosives (Fireworks) Regulations 2016

Source text: opening excerpt

1 Explosives (Fireworks) Regulations 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply