This regulation replaces the prior explosives rules and sets detailed requirements for which explosives are authorised, who must hold licences and security clearances, and how explosives and explosive precursors are stored, transported, used, manufactured, supplied and disposed of. It requires security and safety plans, record‑keeping, medical checks and incident notification, and publishes the authorised explosives register online.
It affects individuals and businesses that handle explosives: they pay indexed fees, must meet training, supervision and documentation obligations, notify loss or serious incidents, and may seek exemptions or fee relief from the regulatory authority.
This regulation (Explosives Regulation 2024) sets detailed operational, safety, security and administrative rules for the handling, storage, transport, manufacture, supply, import and export of explosives and explosive precursors in the State. It commences 1 September 2024, replacing the 2013 regulation (s 2). Mechanically it does the following.
Establishes mandatory licensing and security clearance regimes for persons handling explosives and explosive precursors, and lists the types of licences and the activities each licence authorises (ss 10-14, Schedule 1).
Specifies content and process requirements for security plans and safety management plans, including mandatory elements and consultation obligations (ss 26-27).
Prescribes storage and transport requirements including secure magazine and secure store standards (ss 39-46, 40-41; references to AS 2187 and the Australian Explosives Code in ss 39, 55).
Limits where controlled explosives may travel by road, imposes route and quantity limits in defined regions, and restricts carriage in public passenger vehicles, tunnels and some bridges without approval (ss 47-51, 49(2)).
Sets mandatory incident, loss and theft notification duties and an obligation to preserve sites after a serious incident (ss 81-83).
Imposes duties to observe relevant Australian standards, the Australian Explosives Code and the ADG Code where applicable (ss 55-57, 56(1)).
Requires recordkeeping for suppliers, retention for five years and disclosure to inspectors or police (ss 65-67).
Provides enforcement tools for inspectors and police, including directions, site security measures, suspension and cancellation regimes and monetary penalties (ss 19-23, 89-92; Schedule 2).
Current sections
Direct links to the current provisions in Explosives Regulation 2024.
The dictionary in Schedule 5 defines words used in this regulation.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4
Regulatory authority for mining workplaces—the Act s 4
4 Regulatory authority for mining workplaces—the Act s 4
4 Regulatory authority for mining workplaces—the Act s 4
For the Act, section 4(2), the mining workplace regulator is declared to be the regulatory authority for mining workplaces, but only for the following—
(a) examination and inspection of explosives or explosive precursors,
(b) notification under sections 81 and 82,
(c) appointment of inspectors,
(d) investigation of the breach of—
(i) the Act, or
(ii) this regulation, or
(iii) a licence condition.
5
Persons to cooperate to discharge duties—the Act, s 36
5 Persons to cooperate to discharge duties—the Act, s 36
5 Persons to cooperate to discharge duties—the Act, s 36
For the Act, section 36(1), if more than 1 person has a duty in relation to the same matter each person with the duty must, so far as is reasonably practicable, consult, cooperate and coordinate activities with each other person with the duty.
Part 2
Authorised explosives
Part 2 Authorised explosives
Part 2 Authorised explosives
6
Register of explosives—the Act, s 9D
6 Register of explosives—the Act, s 9D
6 Register of explosives—the Act, s 9D
The register of explosives must, on and from 1 July 2025, be published on the regulatory authority’s website.
7
Notice of cancellation of registration—the Act, s 9F(2)(a)
7 Notice of cancellation of registration—the Act, s 9F(2)(a)
7 Notice of cancellation of registration—the Act, s 9F(2)(a)
Notice of the cancellation of the registration of an explosive must be published on the website of the regulatory authority for a minimum of 12 months.
8
Unauthorised explosives not to be handled—the Act, s 36(2)(iab)
8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)
8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)
(1) A person must not handle an explosive that is not an authorised explosive.
Maximum penalty—250 penalty units.
(2) A person must not falsely represent an explosive as being a authorised explosive.
Maximum penalty—250 penalty units.
9
Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)
9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)
9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)
(1) A person must not use, modify, or attempt to use or modify, an explosive to produce an explosive effect for which the explosive was not designed.
Maximum penalty—350 penalty units.
(2) A person who handles, uses or modifies an explosive does not commit an offence under this section or section 8 if the person—
(a) is authorised to handle the explosive by a licence to manufacture, and
(b) handles, uses or modifies the explosive—
(i) during a research and development project during the permitted period of the project, and
(ii) in accordance with the requirements applying under hazard division 1.1, and approved by the regulatory authority for the project, and
(c) intends to apply for authorisation for the new or modified explosive resulting from the research and development project.
(3) Subsection (2) does not apply to explosives that are goods too dangerous to be transported, within the meaning of the ADG Code or the Australian Explosives Code.
(4) To avoid doubt, a person who develops or modifies an explosive in accordance with this section—
(a) may handle a new or modified explosive resulting from the research and development project, and
(b) must not supply the new or modified explosive to another person.
(5) In this section—
permitted period, for a research and development project, means—
(a) a period of 6 months, or
(b) a longer period approved by the regulatory authority for the project.
research and development project means a project carried out for the purpose of testing and developing an explosive that is a new explosive, or a modified version of an existing explosive.
Circumstances in which security clearance must be held—the Act, s 6A
10 Circumstances in which security clearance must be held—the Act, s 6A
10 Circumstances in which security clearance must be held—the Act, s 6A
An individual who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a security clearance that is in force.
11
Circumstances in which licence must be held—the Act, s 6
11 Circumstances in which licence must be held—the Act, s 6
11 Circumstances in which licence must be held—the Act, s 6
A person who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a licence authorising the person to handle the explosives or explosive precursors.
12
Explosives and explosive precursors covered by licence—the Act, s 6
12 Explosives and explosive precursors covered by licence—the Act, s 6
12 Explosives and explosive precursors covered by licence—the Act, s 6
(1) A licence authorises the handling of the explosives or explosive precursors specified in the licence.
(2) If the licence specifies the maximum quantity of an explosive or explosive precursor that may be handled under the licence, a person acting under the authority of the licence must not handle more than the specified maximum quantity.
Maximum penalty—250 penalty units.
13
Premises covered by licence—the Act, s 6
13 Premises covered by licence—the Act, s 6
13 Premises covered by licence—the Act, s 6
A licence expressed to apply to specific premises authorises the handling of explosives or explosive precursors only at, or in connection with, the specified premises.
14
Activities permitted by licence—the Act, s19
14 Activities permitted by licence—the Act, s19
14 Activities permitted by licence—the Act, s19
The activities that may be authorised to be carried out under each type of licence are the activities specified in Schedule 1 for the type of licence.
Division 2
Additional eligibility requirements for specific licences—the Act, s 16AC
Division 2 Additional eligibility requirements for specific licences—the Act, s 16AC
Division 2 Additional eligibility requirements for specific licences—the Act, s 16AC
15
Blasting explosives user’s licence
15 Blasting explosives user’s licence
15 Blasting explosives user’s licence
(1) An applicant for a blasting explosives user’s licence must—
(a) be an individual, and
(b) have the qualifications and have passed the examinations and practical tests the regulatory authority considers to be necessary for the applicant to safely undertake the work for which the licence is required, and
(c) have been examined by a medical practitioner and certified to not have a medical of physical condition that impairs the applicant’s ability to safely undertake the work for which the licence is required.
(2) A medical examination for subsection (1)(c) must occur—
(a) within 6 months before the applicant first applies for a licence, and
(b) at least once every 5 years after the previous examination.
16
Fireworks, single use, licence
16 Fireworks, single use, licence
16 Fireworks, single use, licence
An applicant for a fireworks, single use, licence must—
(a) be an individual, and
(b) have completed training, or otherwise demonstrated competence in the use of display fireworks, that the regulatory authority considers to be satisfactory for the applicant to safely use the fireworks, and
(c) be a fit and proper person.
17
Licence to use security sensitive dangerous substances
17 Licence to use security sensitive dangerous substances
17 Licence to use security sensitive dangerous substances
(1) An applicant for a licence to use security sensitive dangerous substances must satisfy the regulatory authority that the applicant intends to use security sensitive dangerous substances for legitimate purposes.
(2) Legitimate purposes for the use of security sensitive ammonium nitrate include the following—
(a) commercial production processes, including production of fertiliser or explosives,
(b) mining, quarrying and agricultural blasting,
(c) construction,
(d) civil engineering,
(e) seismic work,
(f) tunnelling,
(g) commercial agricultural use by primary producers,
(h) education, research or analysis.
(3) The following are not legitimate purposes for the use of security sensitive ammonium nitrate—
(a) household domestic use,
(b) use as a fertiliser on recreation facilities including on parks, golf courses and sports fields.
18
Pyrotechnician’s licence
18 Pyrotechnician’s licence
18 Pyrotechnician’s licence
An applicant for a pyrotechnician’s licence must—
(a) be an individual, and
(b) have completed training, or otherwise demonstrated competence in the use of display fireworks, that the regulatory authority considers to be satisfactory for the applicant to safely use the fireworks.
Division 3
Suspension and cancellation
Division 3 Suspension and cancellation
Division 3 Suspension and cancellation
19
Suspension generally—the Act, ss 19 and 19A
19 Suspension generally—the Act, ss 19 and 19A
19 Suspension generally—the Act, ss 19 and 19A
Suspension of a security clearance or a licence takes effect on—
(a) the day the regulatory authority gives written notice of the suspension to the holder of the security clearance or licence, or
(b) the later date specified in the notice.
20
Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)
20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)
20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)
The regulatory authority may suspend or cancel a security clearance or licence if the holder of the security clearance or licence becomes a person who is no longer eligible to be granted the security clearance or licence.
21
Suspension while investigating cancellation—the Act, ss 19 and 19A
21 Suspension while investigating cancellation—the Act, ss 19 and 19A
21 Suspension while investigating cancellation—the Act, ss 19 and 19A
(1) The regulatory authority may suspend a security clearance or a licence while conducting an investigation to determine if the security clearance or the licence should be cancelled.
(2) Suspension under this section—
(a) applies for the period, not longer than 28 days, specified in the notice under section 19, and
(b) may be renewed one or more times by written notice given to the holder of the security clearance or licence.
22
Cancellation—the Act, ss 19 and 19A
22 Cancellation—the Act, ss 19 and 19A
22 Cancellation—the Act, ss 19 and 19A
(1) Cancellation of a security clearance or a licence takes effect on the day the regulatory authority gives written notice of the cancellation to the holder of the security clearance or licence or a later date specified in the notice.
(2) The regulatory authority may direct the holder of a cancelled licence or security clearance to return the licence document or security clearance document to the regulatory authority within a specified period.
(3) A person must not, without reasonable excuse, fail to comply with a direction given under subsection (2).
Maximum penalty—100 penalty units.
23
Notification of suspension or cancellation of security clearance—the Act, s 23A
23 Notification of suspension or cancellation of security clearance—the Act, s 23A
23 Notification of suspension or cancellation of security clearance—the Act, s 23A
(1) If the regulatory authority suspends or cancels a security clearance, the regulatory authority must, if practicable, notify the supervising licence holder for the security clearance of the cancellation or suspension.
(2) Notice under this section must be given—
(a) in writing, and
(b) within 7 days after the suspension or cancellation.
(3) In this section—
supervising licence holder, for a security clearance, means a licence holder who employs or engages the person whose security clearance has been suspended or cancelled.
Division 4
Miscellaneous
Division 4 Miscellaneous
Division 4 Miscellaneous
24
Conditions of licence granted to a corporation—the Act, s 16AF
24 Conditions of licence granted to a corporation—the Act, s 16AF
24 Conditions of licence granted to a corporation—the Act, s 16AF
A licence granted to a corporation is subject to the following conditions—
(a) there must at all times be at least 1 responsible person for the corporation,
(b) a responsible person must be reasonably available to assist and advise persons handling explosives or explosive precursors under the licence,
(c) a responsible person must be reasonably available to assist the regulator with any inquiries relating to the handling of explosives or explosive precursors under the licence,
(d) within 30 days after a responsible person nominated for the corporation ceases to be involved in the management of the corporation, the corporation must notify the regulatory authority of that matter.
25
Nomination of responsible person
25 Nomination of responsible person
25 Nomination of responsible person
For the Act, definition of responsible person, the nomination of a person as a responsible person must include the following—
(a) a copy of the person’s security clearance,
(b) evidence, satisfactory to the regulatory authority, that the person has the relevant knowledge, experience and qualifications to supervise the activities authorised by the licence,
(c) evidence the person is involved in the management of the corporation,
(d) evidence the person consents to the nomination.
26
Security plan—the Act, s 16AA
26 Security plan—the Act, s 16AA
26 Security plan—the Act, s 16AA
A security plan must—
(a) be made in a form approved by the regulatory authority, and
(b) identify security risks relating to explosives and explosive precursors, and
(c) specify processes to address identified security risks and ensure the following—
(i) explosives and explosive precursors are kept securely,
(ii) explosives and explosive precursors can only be accessed by a person authorised by the security plan to have access,
(iii) the licence holder can identify when explosives or explosive precursors have been accessed and can identify unauthorised access to explosives or explosive precursors,
(iv) the receiver of explosives or explosive precursors from the licence holder can be identified and is authorised to receive the explosives or explosive precursor,
(v) sufficient records are kept to allow an inspector to assess whether the plan has been complied with, and
(d) contain the following—
(i) a description of explosives and explosive precursors handled under the licence,
(ii) a list of the persons who are allowed unsupervised access to the explosives or explosive precursors handled under the licence,
(iii) details of the action that will be taken to ensure the explosives or explosive precursors cannot be accessed at or removed from the place in which they are being handled or stored without the permission of the licence holder,
(iv) for a licence authorising transport of explosives or explosive precursors by vehicle—a list of the vehicles that may be used to transport the explosives or explosive precursors and the persons approved to drive those vehicles.
27
Safety management plan—the Act, s 16AA
27 Safety management plan—the Act, s 16AA
27 Safety management plan—the Act, s 16AA
A safety management plan must—
(a) be made in a form approved by the regulatory authority, and
(b) contain the following—
(i) a description of how the applicant proposes to handle the explosives or explosive precursors,
(ii) an assessment of the safety risks that may arise from handling the explosives or explosive precursors and the measures that are being implemented to manage those risks.
28
Restoration of licence—prescribed fees
28 Restoration of licence—prescribed fees
28 Restoration of licence—prescribed fees
For the Act, section 16A(4)(b), the prescribed fees for the restoration of a licence are specified in Schedule 4A, Part 1.
s 28: Subst 2025 (301), Sch 1[1].
Part 4
Exemptions
Part 4 Exemptions
Part 4 Exemptions
29
Staff of licence holders—the Act, s 24B
29 Staff of licence holders—the Act, s 24B
29 Staff of licence holders—the Act, s 24B
(1) An employee of a licence holder is not required to hold a licence to handle explosives or explosive precursors if—
(a) the employee holds a security clearance that is in force, or
(b) the employee is acting under the immediate supervision of another employee of the licence holder who holds a security clearance that is in force.
(2) An individual engaged by a licence holder, other than an employee, is not required to hold a licence to handle explosives or explosive precursors if—
(a) the individual is acting under the immediate supervision of an employee of the licence holder who is responsible for supervising the handling of explosives or explosive precursors (the supervisor), and
(b) either the individual or the supervisor holds a security clearance that is in force.
30
Police—the Act, ss 24B and 24C
30 Police—the Act, ss 24B and 24C
30 Police—the Act, ss 24B and 24C
(1) A member of the NSW Police Force is not required to hold a licence or security clearance to store, at a police station, 10kg NEQ or less of explosives or explosive precursors—
(a) in connection with the prosecution of one or more offences, or
(b) in other circumstances where storage is—
(i) in the public interest, and
(ii) in anticipation of the explosive or explosive precursor product being transported to the NSW Police Rescue and Bomb Disposal Unit for disposal.
(2) On and from 1 July 2025, an explosive stored at a police station must be stored in a secure magazine.
31
Exemptions for certain explosives—the Act, ss 24B and 24C
31 Exemptions for certain explosives—the Act, ss 24B and 24C
31 Exemptions for certain explosives—the Act, ss 24B and 24C
(1) A person is not required to be authorised by a licence, or to hold a security clearance, to purchase, possess, transport, store, use, sell or supply the following explosives—
(a) cartridges designed for explosive-powered tools, in a total quantity of 10,000 units or less,
(b) distress signals, in a total quantity of 10kg NEQ or less,
(c) life-saving appliances of hazard division 1.4, in a total quantity of 10kg NEQ or less,
(d) toy fireworks, in a total quantity of 1 tonne or less, inclusive of packaging.
(2) A person may import life-saving appliances without a licence to import.
(3) Subsection (1) does not apply to the handling of an explosive for a use that is not a use for which the explosive was designed.
s 31: Am 2025 (301), Sch 1[2].
32
Ammunition—the Act, ss 24B and 24C
32 Ammunition—the Act, ss 24B and 24C
32 Ammunition—the Act, ss 24B and 24C
(1) A person who is a licensed firearms dealer under the Firearms Act 1996 is not required to be authorised by a licence, or to hold a security clearance, to purchase, possess, store, transport, sell or supply the following—
(a) ammunition,
(b) percussion caps,
(c) 12kg or less of propellant powder.
(2) A person who holds a licence or a permit under the Firearms Act 1996 that authorises the person to possess or use a firearm is not required to be authorised by a licence to purchase, possess, use, store or transport the following—
(a) ammunition,
(b) percussion caps,
(c) 12kg or less of propellant powder.
(3) Subsection (2) does not apply to a person who only holds one or both of the following—
(a) a firearms collector licence,
(b) an heirloom permit.
(4) A person who holds an ammunition collection permit under the Firearms Act 1996 is not required to be authorised by a licence to purchase, possess or store ammunition that is authorised to be possessed by the permit.
33
Transport of ammunition and percussion caps by carriers—the Act, ss 24B and 24C
33 Transport of ammunition and percussion caps by carriers—the Act, ss 24B and 24C
33 Transport of ammunition and percussion caps by carriers—the Act, ss 24B and 24C
(1) This section applies to a person who is—
(a) operating the business of a carrier, or
(b) acting in the ordinary course of the person’s duties in the business of a carrier.
(2) A person to whom this section applies is not required to be authorised by a licence, or to hold a security clearance, to—
(a) transport ammunition or percussion caps by vehicle, and
(b) possess and store ammunition and percussion caps for the purpose of and incidental to transporting the ammunition or percussion caps.
34
Transport of explosives by private road—the Act, ss 24B and 24C
34 Transport of explosives by private road—the Act, ss 24B and 24C
34 Transport of explosives by private road—the Act, ss 24B and 24C
A person is not required to hold a licence to transport by vehicle to transport an explosive or explosive precursor by motor vehicle if—
(a) the motor vehicle is travelling on a private road within an explosives site, and
(b) the person is authorised under this regulation to possess the explosive or explosive precursor.
35
Voyages outside the State—the Act, ss 24B and 24C
35 Voyages outside the State—the Act, ss 24B and 24C
35 Voyages outside the State—the Act, ss 24B and 24C
A person is not required to be authorised by a licence to transport by vessel, or to hold a security clearance, to transport an explosive or explosive precursor by a vessel that is proceeding on an overseas or interstate voyage.
36
Activities in port operational areas—the Act, ss 24B and 24C
36 Activities in port operational areas—the Act, ss 24B and 24C
36 Activities in port operational areas—the Act, ss 24B and 24C
(1) A person is not required to be authorised by a licence, or to hold a security clearance, to handle an explosive or explosive precursor in a port operational area under the control of a port authority.
(d) property in a port that is used for the handling of dangerous goods that are being moved to or from a ship.
37
Use of small quantities of security sensitive ammonium nitrate—the Act, ss 24B and 24C
37 Use of small quantities of security sensitive ammonium nitrate—the Act, ss 24B and 24C
37 Use of small quantities of security sensitive ammonium nitrate—the Act, ss 24B and 24C
A person is not required to be authorised by a licence to use security sensitive dangerous substances, or to hold a security clearance, to—
(a) transport 20kg or less of security sensitive ammonium nitrate, or
(b) handle and use security sensitive ammonium nitrate if—
(i) the handling or use is for educational, research or analytical purposes, and
(ii) the handling or use is carried out at a commercial laboratory, school, university or other research institution, and
(iii) the amount of security sensitive ammonium nitrate handled or used is 3kg or less.
38
Register of exemptions—the Act, s 24F
38 Register of exemptions—the Act, s 24F
38 Register of exemptions—the Act, s 24F
The register of exemptions granted under the Act, section 24D must include the following—
(a) the provision of the Act and this regulation to which the exemption applies,
(b) the period for which the exemption applies.
Part 5
Storage and transport of explosives and explosive precursors—the Act, s 36(2)
Part 5 Storage and transport of explosives and explosive precursors—the Act, s 36(2)
Part 5 Storage and transport of explosives and explosive precursors—the Act, s 36(2)
39
Storage or transport of different hazard division explosives together
39 Storage or transport of different hazard division explosives together
39 Storage or transport of different hazard division explosives together
A person who stores or transports different hazard division explosives together must, for the combination of hazard divisions, comply with the storage or transport requirements determined under—
(a) for storage—AS 2187, or
(b) for transport—the Australian Explosives Code.
Maximum penalty—250 penalty units.
40
Storage of explosives
40 Storage of explosives
40 Storage of explosives
(1) A person must not store explosives unless—
(a) the person holds a licence authorising the storage, and
(b) the storage is in a secure magazine at premises approved for the licence, and
(c) the storage is for no longer than the maximum period, if any, specified in the licence for the type of explosive and the premises.
Maximum penalty—250 penalty units.
(2) Additional requirements for the storage of explosives may be imposed by licence condition.
(3) This section does not apply to a person who—
(a) holds a firearm licence, other than a person who only holds a firearm collector licence or an heirloom permit, for the storage of the following—
(i) ammunition,
(ii) percussion caps,
(iii) 12kg or less of propellant powder, or
(b) is, under this regulation, authorised to store the explosives without a licence.
41
Storage of explosive precursors
41 Storage of explosive precursors
41 Storage of explosive precursors
(1) A person must not store explosive precursors unless—
(a) the person holds a licence authorising the storage, and
(b) the storage is in a secure store, and
(c) the storage is for no longer than the maximum period, if any, specified in the licence for the type of explosive precursor.
Maximum penalty—250 penalty units.
(2) Additional requirements for the storage of explosive precursors may be imposed by licence condition.
(3) This section does not apply to the storage of an explosive precursor by a person who is, under this regulation, authorised to store the explosive precursor without a licence.
s 41: Am 2025 (301), Sch 1[3].
42
Emergency management plans for storage
42 Emergency management plans for storage
42 Emergency management plans for storage
(1) A licence holder must have a written plan for responding to accidents and emergencies if the licence holder stores—
(a) more than 50kg NEQ of explosives, or
(b) more than 50 tonnes of explosive precursors.
Maximum penalty—250 penalty units.
(2) The plan must be reviewed and updated—
(a) whenever there is a significant change in—
(i) the licence holder’s operations, or
(ii) the physical environment in which the licence holder operates, and
(b) at least once every 5 years.
Maximum penalty—250 penalty units.
(3) When developing or reviewing the plan the licence holder must—
(a) consult the Commissioner of Fire and Rescue NSW and the regulatory authority, and
(b) consider written advice received from the Commissioner or the regulatory authority, and
(c) implement, so far as reasonably practicable, recommendations in advice from the Commissioner or the regulatory authority.
Maximum penalty—250 penalty units.
(4) The licence holder must ensure the following persons are aware of the details of the plan—
(a) persons who work at the premises, at which the explosives or explosive precursors are stored, and who may be exposed to risk as a result of an accident or emergency,
(b) persons in neighbouring premises who may be exposed to risk as a result of an accident or emergency.
Maximum penalty—250 penalty units.
(5) The licence holder must give a copy of the plan, including changes to the plan, to—
(a) the regulatory authority, and
(b) the following emergency services—
(i) in the case of premises in a rural fire district within the meaning of the Rural Fires Act 1997—the Commissioner of the NSW Rural Fire Service,
(ii) otherwise—the Commissioner of Fire and Rescue NSW.
Maximum penalty—250 penalty units.
43
Supervision of explosives or explosive precursors removed from storage
43 Supervision of explosives or explosive precursors removed from storage
43 Supervision of explosives or explosive precursors removed from storage
(1) A licence holder must ensure that explosives removed from a secure magazine are, until used or returned to a secure magazine, kept under the direct supervision of a person who holds a security clearance that is in force.
Maximum penalty—250 penalty units.
(2) A licence holder must ensure that explosive precursors removed from a secure store are, until used or returned to a secure store, kept under the direct supervision of a person who holds a security clearance that is in force.
Maximum penalty—250 penalty units.
44
Holding explosives in vehicle
44 Holding explosives in vehicle
44 Holding explosives in vehicle
(1) The person in control of a vehicle being used to transport explosives must ensure the explosives are unloaded from the vehicle and stored in a secure magazine if the vehicle remains at premises for longer than—
(a) 2 consecutive business days, or
(b) if the business days are separated by a day that is not a business day—4 days.
Maximum penalty—250 penalty units.
(2) To avoid doubt, a vehicle that holds explosives—
(a) is taken to be transporting the explosives, and
(b) is subject to the relevant requirements of the Australian Explosives Code.
45
Holding explosives in rail yards and sidings
45 Holding explosives in rail yards and sidings
45 Holding explosives in rail yards and sidings
(1) The person in control of a rail yard or siding in which there are one or more units of rolling stock that are being used to transport explosives, must ensure the quantity of explosives held in the rolling stock at any time does not exceed 40 tonnes NEQ.
Maximum penalty—250 penalty units.
(2) Explosives kept in rolling stock in a rail yard or siding must not be kept for longer than—
(a) 2 consecutive business days, or
(b) if the business days are separated by a day that is not a business day—4 days.
Maximum penalty—250 penalty units.
(3) This section does not apply to hazard division 1.4 explosives.
controlled explosives means hazard division 1.1, 1.2 or 1.5 explosives.
47
Transport of explosives generally
47 Transport of explosives generally
47 Transport of explosives generally
(1) A person must not transport an explosive by vehicle in a quantity greater than the maximum load limit set for the explosive by the Australian Explosives Code.
Maximum penalty—250 penalty units.
(2) A person must not enter into a contract, agreement or arrangement with another person by which that other person agrees to transport explosives otherwise than in accordance with the Australian Explosives Code.
Maximum penalty—250 penalty units.
48
Transport of explosives by public passenger vehicle
48 Transport of explosives by public passenger vehicle
48 Transport of explosives by public passenger vehicle
(1) A person must not transport explosives by public passenger vehicle.
Maximum penalty—350 penalty units.
(2) This section does not apply to the following—
(a) the transport of explosives by a police officer acting in the course of the officer’s duties,
(b) the transport of railway track signals by an officer or member of staff of a rail authority acting in the course of the officer’s or staff member’s duties, if the track signals are carried in an area of the vehicle not accessible to members of the public,
(c) the transport of ammunition by a person authorised to possess the ammunition under the Firearms Act 1996, section 65,
(d) toy fireworks.
(3) In this section—
public passenger vehicle means a vehicle or vessel used to transport members of the public.
Transport of explosives in road tunnels and on bridges
49 Transport of explosives in road tunnels and on bridges
49 Transport of explosives in road tunnels and on bridges
(1) In a prohibited area or on a regulated bridge, a person must not, except with the approval of the regulatory authority, use a vehicle to transport the following—
(a) a controlled explosive,
(b) a quantity of a hazard division 1.3, 1.4 or 1.6 explosive that is a placard load.
Maximum penalty—250 penalty units.
(2) In this section—
placard load means goods in or on a motor vehicle, trailer or tanker that are required to be identified with a placard or sign under the Australian Explosives Code.
prohibited area has the same meaning as in the Road Rules 2014, rule 300–2.
regulated bridge means the following—
(a) Anzac Bridge,
(b) Gladesville Bridge,
(c) Sydney Harbour Bridge.
50
Transport of explosives east of the Newell Highway
50 Transport of explosives east of the Newell Highway
50 Transport of explosives east of the Newell Highway
In the area of the State east of the Newell Highway, a person must not transport more than 10 tonnes of controlled explosives by road unless the person is authorised by licence to transport the explosive, and—
(a) transport is on a direct route from the Newell Highway to the following—
(i) the Hunter Valley via Merriwa,
(ii) the Port of Newcastle,
(iii) the Port of Yamba via Jackadgery,
(iv) the Woodlawn Mining District via Hay,
(v) Defence Establishment Orchard Hills,
(vi) Explosive Ordnance Depot Twofold Bay,
(vii) HMAS Albatross,
(viii) Jennings Ordnance Depot via Glen Innes and Tenterfield,
(ix) Myambat Explosive Ordnance Depot via Musswellbrook,
(x) RAAF Base Williamtown,
(xi) Singleton Military Area, or
(b) the regulatory authority has given approval.
Maximum penalty—250 penalty units.
51
Transport in central business districts
51 Transport in central business districts
51 Transport in central business districts
(1) A person using a vehicle to transport controlled explosives—
(a) must not, except with the approval of the regulatory authority, take the vehicle into a relevant central business district, and
(b) must take all reasonably practicable steps to bypass all other central business districts and main shopping areas.
Maximum penalty—250 penalty units.
(2) In this section—
relevant central business district means a central business district in the following local government areas—
(a) City of Newcastle,
(b) City of Penrith,
(c) City of Sydney,
(d) City of Wollongong,
(e) North Sydney.
s 51: Am 2025 (301), Sch 1[4].
pt.5-div.4-sdiv.2
Hazard management
pt.5-div.4-sdiv.2 Hazard management
Subdivision 2 Hazard management
52
Person transporting explosives to avoid hazards
52 Person transporting explosives to avoid hazards
52 Person transporting explosives to avoid hazards
A person transporting an explosive by vehicle must ensure that, while the explosive is in or on the vehicle, the explosive is kept away from anything, whether in the vehicle or elsewhere, that might cause the explosive to ignite or explode.
Maximum penalty—250 penalty units.
53
Smoking prohibited on or near vehicles used to transport explosives
53 Smoking prohibited on or near vehicles used to transport explosives
53 Smoking prohibited on or near vehicles used to transport explosives
(1) A person must not smoke within 6m of a vehicle that—
(a) contains an explosive, and
(b) displays the signs required by the Australian Explosives Code.
Maximum penalty—250 penalty units.
(2) The person in charge of a vehicle carrying an explosive must take all practicable steps to ensure that no person smokes within 6m of the vehicle.
Maximum penalty—250 penalty units.
54
Additional requirements—licence to transport by vehicle
54 Additional requirements—licence to transport by vehicle
54 Additional requirements—licence to transport by vehicle
(1) The holder of a licence to transport by vehicle must ensure that each individual who is authorised by the licence holder to drive a vehicle containing an explosive or explosive precursor—
(a) complies with the requirements of the Australian Explosives Code, and
(b) is at least 21 years of age, and
(c) has sufficient training and experience to drive the vehicle, and
(d) has been examined by a medical practitioner and found not to have a medical or physical condition that impairs or is likely to impair the individual’s ability to safely control the vehicle.
Maximum penalty—250 penalty units.
(2) A medical examination for subsection (1)(d) must occur—
(a) within the 6 months before the first occasion on which the driver is authorised by the licence holder to drive a vehicle containing an explosive or an explosive precursor, and
(b) at least once every 5 years after the previous examination.
Part 6
Safety and security
Part 6 Safety and security
Part 6 Safety and security
55
Definition
55 Definition
55 Definition
In this division—
relevant standard or code means—
(a) for an activity in relation to an explosive—
(i) AS 2187, and
(ii) the Australian Explosives Code, and
(b) for an activity in relation to an explosive precursor—
(i) Australian Standard AS 4326–2008, The storage and handling of oxidizing agents, as in force from time to time, and
(ii) the ADG Code.
56
Duty to comply with certain standards or codes
56 Duty to comply with certain standards or codes
56 Duty to comply with certain standards or codes
(1) A person who carries out an activity covered by a relevant standard or code must carry out the activity in accordance with the relevant standard or code.
Maximum penalty—250 penalty units.
(2) In this section—
carry out an activity includes agreeing or arranging for another person to carry out the activity.
57
Application of standards or codes
57 Application of standards or codes
57 Application of standards or codes
(1) If a relevant standard or code imposes a duty but does not clearly indicate the person, or class of persons, responsible for the duty, the duty must be observed or discharged by the person undertaking the activity.
(2) If a duty is placed on more than 1 person, or on a class of persons, the duty must be observed or discharged by each person, or each person in the class—
(a) only in relation to the matters for which the person has management or control, and
(b) whether or not another person is also responsible for undertaking the duty.
(3) A provision of this regulation prevails over an inconsistent provision of a relevant standard or code.
58
Duty to ensure others comply with Australian Explosives Code
58 Duty to ensure others comply with Australian Explosives Code
58 Duty to ensure others comply with Australian Explosives Code
(1) A licence holder or transport supervisor must ensure that a person who is employed by, engaged by or otherwise involved in the transport of an explosive for the licence holder or transport supervisor—
(a) is trained in the relevant requirements of the Australian Explosives Code, and
(b) as far as is practicable, complies with the Australian Explosives Code.
Maximum penalty—250 penalty units.
(2) In this section—
transport supervisor means a person who, in accordance with an exemption under the Act or this regulation, manages or supervises the transport of explosives.
59
Compliance with security plan
59 Compliance with security plan
59 Compliance with security plan
A licence holder must ensure that—
(a) the requirements of, and procedures specified in, the licence holder’s security plan are observed, and
(b) activities under the licence are undertaken in accordance with the security plan.
Maximum penalty—250 penalty units.
60
Access to explosives only in accordance with security plan
60 Access to explosives only in accordance with security plan
60 Access to explosives only in accordance with security plan
(1) An individual must not access an explosive or explosive precursor under a licence for which a licence holder has submitted a security plan unless—
(a) the individual holds a licence that authorises the individual to handle the explosive or explosive precursor, or
(b) the individual—
(i) holds a security clearance that is in force, and
(ii) is listed on the security plan as a person authorised to have access to the explosive or explosive precursor, or
(c) is directly supervised by—
(i) the licence holder, or
(ii) for a licence held by a corporation—a responsible person for the corporation, or
(iii) an employee of the licence holder who holds a security clearance that is in force.
Maximum penalty—250 penalty units.
(2) For this section, a person has access to an explosive or explosive precursor if the person has access to—
(a) the secure magazine or secure store in which the explosives or explosive precursors are stored, or
(b) the keys, codes or other devices used to unlock a secure magazine or secure store in which the explosives or explosive precursors are stored.
61
Compliance with safety management plan
61 Compliance with safety management plan
61 Compliance with safety management plan
A licence holder must ensure that—
(a) the requirements of, and procedures specified in, the licence holder’s safety management plan are observed, and
(b) activities under the licence are undertaken in accordance with the safety management plan.
Maximum penalty—250 penalty units.
62
Packaging and marking
62 Packaging and marking
62 Packaging and marking
(1) A person who holds a licence to manufacture must ensure that—
(a) before an explosive is used by the manufacturer or supplied to another person, it is packaged and marked in accordance with the Australian Explosives Code, and
(b) before an explosive precursor is used by the manufacturer or supplied to another person, it is packaged and marked in accordance with the ADG Code.
Maximum penalty—250 penalty units.
(2) This section does not apply to—
(a) a blasting explosive manufactured at the premises or place at which it is about to be used, or
(b) another explosive for use at the premises or place where it was manufactured, but only if the containers in which the explosive is kept are clearly and conspicuously marked with the product name and classification code of the explosive, or
(c) bulk explosives being transported in compliance with the Australian Explosives Code.
63
Definitions
63 Definitions
63 Definitions
In this division—
corresponding law means a law of another State or Territory serving substantially the same purpose as the Act.
receiver—see section 65(1).
64
Packaging and marking
64 Packaging and marking
64 Packaging and marking
(1) A person must not import, supply, store or transport an explosive or explosive precursor unless it is packaged and marked in accordance with—
(a) for an explosive—the Australian Explosives Code, and
(b) for an explosive precursor—the ADG Code.
Maximum penalty—250 penalty units.
(2) This section does not apply to explosives or explosive precursors that are—
(a) bulk explosives being transported in compliance with the Australian Explosives Code, or
(b) ammunition, distress signals or cartridges designed for explosive-powered tools—
(i) weighing no more than 5kg in total, and
(ii) stored or transported by a person for the person’s own use.
(3) This section does not prevent the transport of an imported explosive or explosive precursor from an airport or wharf to a place specified in a licence in order to package and mark or label the explosive or explosive precursor in accordance with the Australian Explosives Code or ADG Code.
(4) This section does not apply to storage or transport of an explosive by the following—
(a) an inspector or authorised officer carrying out the inspector’s or officer’s duties,
(b) a police officer carrying out the officer’s duties,
(c) an officer of an emergency service carrying out the officer’s duties.
(5) In this section—
emergency service has the meaning given by the Act, Schedule 2, clause 2.
s 64: Am 2025 (301), Sch 1[5].
65
Explosives to be supplied only to persons authorised to receive explosives
65 Explosives to be supplied only to persons authorised to receive explosives
65 Explosives to be supplied only to persons authorised to receive explosives
(1) An authorised supplier who supplies an explosive or explosive precursor to another person (the receiver) must obtain the following—
(a) if the receiver is an individual—proof of the receiver’s identity,
(b) if the receiver is a corporation—proof of identity of an officer of the corporation who is authorised to handle the explosive or explosive precursor,
(c) evidence that—
(i) the receiver is authorised by a licence, or otherwise authorised under a corresponding law, to possess the explosive or explosive precursor in the quantity supplied, or
(ii) the receiver is not required to be authorised by a licence to possess the explosive or explosive precursor, or
(iii) the explosive or explosive precursor is to be delivered to the receiver outside Australia.
Maximum penalty—100 penalty units.
(2) For subsection (1) proof of identity may be given by—
(a) the following documents issued in Australia—
(i) a driver licence displaying a photograph of the holder,
(A) is issued under a law of the Commonwealth or another State or Territory, and
(B) displays a photograph of the holder, or
(b) an equivalent document issued by a government authority in another country, or
(c) another document approved by the regulatory authority for this section.
(3) If supply is by consignment, the authorised supplier must also—
(a) give the receiver a notice setting out a description of, and the quantity of, the explosives or explosive precursors supplied, and
(b) have received from the receiver confirmation that the receiver will be prepared to receive the explosives or explosive precursors on a specified day or within a specified period, and
(c) send the explosives or explosive precursors at a time and in a way that, in the ordinary course of transport, the receiver will receive them on the specified day or within the specified period, and
(d) send the consignment with a person who holds a licence to transport by vehicle.
Maximum penalty—100 penalty units.
(4) Subsection (3)(d) does not apply to the supply of explosives or explosive precursors of a kind or in a quantity that may, under this regulation, be transported by a person who does not hold a licence to transport by vehicle or a licence to transport by vessel.
s 65: Am 2025 (301), Sch 1[6] [7].
66
Supplier to make record of supply
66 Supplier to make record of supply
66 Supplier to make record of supply
(1) An authorised supplier must make a record of each supply of an explosive or explosive precursor in accordance with this section.
Maximum penalty—100 penalty units.
(2) The record must include the following information—
(a) the date of supply,
(b) the type and quantity of the explosive or explosive precursor supplied,
(c) the name, address and telephone number of the receiver,
(d) details of—
(i) the receiver’s licence or authority under the Act or a corresponding law to possess the explosive or explosive precursor, or
(ii) the basis on which the receiver is not required to be authorised by licence to possess the explosive or explosive precursor,
(e) if the explosive or explosive precursor is to be stored by a person other than the receiver—the name, address and telephone number of the person who will store the explosive or explosive precursor.
67
Retention and disclosure of records
67 Retention and disclosure of records
67 Retention and disclosure of records
(1) A person required to make a record under section 66 must keep the record for at least 5 years after the record is made.
Maximum penalty—100 penalty units.
(2) A record must be made available for examination at the direction of an inspector or police officer as soon as practicable, but not more than 7 days, after the direction is given.
Maximum penalty—100 penalty units.
68
Supply of distress signals, explosive-powered tool cartridges or ammunition
68 Supply of distress signals, explosive-powered tool cartridges or ammunition
68 Supply of distress signals, explosive-powered tool cartridges or ammunition
(1) A person must not supply ammunition, a distress signal, a cartridge designed for an explosive-powered tool or a railway track signal unless the person is satisfied that the receiver is—
(a) a legitimate user of the relevant explosive, and
(b) if the receiver is an individual—at least 18 years of age.
Maximum penalty—250 penalty units.
(2) In this section—
legitimate user means the following—
(a) for ammunition—a firearm licence or permit holder, other than a person who only holds one or both of the following—
(i) a firearm collector licence,
(ii) an heirloom permit,
(b) for a distress signal—a person who—
(i) intends to use the distress signal as a safety device on a vessel, or
(ii) holds a pyrotechnician’s licence and is authorised to use a distress signal under the licence,
(c) for a cartridge designed for an explosive-powered tool—a person who intends to use the cartridge with an explosive-powered tool,
(d) for a railway track signal—a person who intends to use the railway track signal as a warning signal in connection with railway work,
(e) a person who holds a licence to supply the relevant explosive.
s 68: Am 2025 (301), Sch 1[8] [9].
Division 5
Import and export—the Act, s 36(2)(a)(iia)
Division 5 Import and export—the Act, s 36(2)(a)(iia)
Division 5 Import and export—the Act, s 36(2)(a)(iia)
69
Import of explosives and explosive precursors
69 Import of explosives and explosive precursors
69 Import of explosives and explosive precursors
(1) A person who holds a licence authorising the person to import explosives or explosive precursors must not import an explosive or explosive precursor unless the person has given the regulatory authority written notice of the following—
(a) the licence holder’s name and licence number,
(b) the date the licence holder intends to bring the explosive or explosive precursor into the State,
(c) the identification of the vessel or aircraft that will be used to bring the explosive or explosive precursor into the State,
(d) the port, facility or airport at which the explosive or explosive precursor will be brought into the State,
(e) the following details of the explosive or explosive precursor—
(i) name and classification code,
(ii) quantity,
(f) if the explosive or explosive precursor is to be delivered to another person—the other person’s name, address and telephone number,
(g) the address at which the explosive or explosive precursor will be stored.
Maximum penalty—250 penalty units.
(2) A notice must be given—
(a) on each occasion that an explosive or explosive precursor is imported, and
(b) no later than 5 business days before the day on which the explosive or explosive precursor is to be imported.
(3) If the licence holder becomes aware that information given in a notice is no longer accurate, the licence holder must, as soon as practicable, give the regulatory authority notice of the relevant change of information.
Maximum penalty—250 penalty units.
70
Transport of imported explosives or explosive precursors
70 Transport of imported explosives or explosive precursors
70 Transport of imported explosives or explosive precursors
A person must not transport an explosive or explosive precursor from the port, facility or airport at which it is imported without the written approval of the regulatory authority.
Maximum penalty—250 penalty units.
71
Export of explosives and explosive precursors
71 Export of explosives and explosive precursors
71 Export of explosives and explosive precursors
(1) A person who holds a licence authorising the person to export explosives or explosive precursors must not export an explosive or explosive precursor unless the supplier has given the regulatory authority written notice of the following—
(a) the person’s name and licence number,
(b) the intended date of export of the explosive or explosive precursor,
(c) the port, facility or airport from which the explosive or explosive precursor is to be exported,
(d) the following details of the explosive or explosive precursor—
(i) name and classification code,
(ii) quantity,
(e) the name, address and telephone number of the person to whom the explosive or explosive precursor is being supplied.
Maximum penalty—100 penalty units.
(2) A notice must be given—
(a) on each occasion that an explosive or explosive precursor is exported, and
(b) no later than 5 business days before the day on which the explosive or explosive precursor is to be exported.
(3) If the licence holder becomes aware that information given in a notice is no longer accurate, the licence holder must, as soon as practicable, give the regulatory authority notice of the relevant change of information.
Maximum penalty—100 penalty units.
Division 6
Use of explosives—the Act, s 36(2)(a)(iia)
Division 6 Use of explosives—the Act, s 36(2)(a)(iia)
Division 6 Use of explosives—the Act, s 36(2)(a)(iia)
72
Setting of explosives
72 Setting of explosives
72 Setting of explosives
(1) A person responsible for setting an explosive to explode must not leave the explosive unsupervised until—
(a) it has exploded, or
(b) it has otherwise been destroyed or rendered harmless.
Maximum penalty—350 penalty units.
(2) Subsection (1) extends to an explosive that has failed to fire or has misfired.
(3) This section does not apply to an explosive set to explode at a place in connection with mining operations while the explosive remains at the place.
Directions from inspectors relating to explosives that have been set
73 Directions from inspectors relating to explosives that have been set
73 Directions from inspectors relating to explosives that have been set
(1) An inspector may direct a person responsible for setting an explosive to explode to—
(a) cause the explosive to explode, or
(b) otherwise destroy, render harmless or dispose of the explosive.
(2) A direction may only be given to the following—
(a) a licence holder,
(b) an employee, contractor or other person engaged, or apparently engaged, by a licence holder,
(c) a person the inspector reasonably suspects to be engaged in activities regulated under the Act or this regulation.
(3) This section extends to an explosive that has failed to fire or has misfired.
(4) A person must not fail to comply with an inspector’s direction.
Maximum penalty—250 penalty units.
74
Storage of explosives prepared for use
74 Storage of explosives prepared for use
74 Storage of explosives prepared for use
(1) This section applies to the following licences—
(a) blasting explosives user’s licence,
(b) fireworks, single use, licence,
(c) pyrotechnician’s licence.
(2) A licence holder must ensure that an explosive not used or loaded into a blast hole on the day it is prepared for use is—
(a) kept in closed, clean, secure containers or packaging conspicuously labelled “EXPLOSIVES”, and
(b) stored in a secure magazine, and
(c) used as soon as practicable.
Maximum penalty—250 penalty units.
75
Improper use of distress signal
75 Improper use of distress signal
75 Improper use of distress signal
(1) A person must not use a distress signal for a purpose other than as a distress signal.
Maximum penalty—250 penalty units.
(2) Subsection (1) does not apply to the holder of a pyrotechnician’s licence if the licence authorises the use of a distress signal for another purpose.
Division 7
Disposal of explosives—the Act, s 30A
Division 7 Disposal of explosives—the Act, s 30A
Division 7 Disposal of explosives—the Act, s 30A
76
Disposal under blasting explosives user’s licence
76 Disposal under blasting explosives user’s licence
76 Disposal under blasting explosives user’s licence
(1) This section applies to disposal of explosives by—
(a) the holder of a blasting explosives user’s licence, or
(b) a person acting under the immediate supervision of the holder of a blasting explosives user’s licence.
(2) An explosive may be disposed of if—
(a) the blasting explosives user’s licence authorises the use of the explosive being disposed of, and
(b) the explosive is surplus stock that was not used on the day it was prepared for use, and
(c) the explosive is disposed of in accordance with AS 2187.
(3) A licence holder must not, under this section, dispose of an explosive for fee or reward.
77
Disposal under licence to manufacture
77 Disposal under licence to manufacture
77 Disposal under licence to manufacture
The holder of a licence to manufacture, or a person employed or engaged by the holder and who is authorised under section 29 to handle the explosive, may dispose of an explosive if—
(a) the licence authorises the handling of the explosive being disposed of, and
(b) the explosive is disposed of in accordance with the licence holder’s safety management plan.
78
Disposal generally
78 Disposal generally
78 Disposal generally
(1) A licence holder may dispose of an explosive by returning the explosive to the original supplier, with the consent of the supplier.
(2) In this section—
original supplier means the holder of a licence to supply from whom the explosive was obtained.
79
Explosives not to be abandoned or discarded
79 Explosives not to be abandoned or discarded
79 Explosives not to be abandoned or discarded
A person must not abandon, bury or otherwise discard an explosive.
Maximum penalty—350 penalty units.
Division 8
Notification of incidents—the Act, s 36(2)(a)(iia)
Division 8 Notification of incidents—the Act, s 36(2)(a)(iia)
Division 8 Notification of incidents—the Act, s 36(2)(a)(iia)
80
Definitions
80 Definitions
80 Definitions
In this division—
harbour master means a person appointed or acting as harbour master under the Marine Safety Act 1998.
responsible notifier means the following—
(a) a licence holder,
(b) the officer in charge of a police station at which explosives are stored under section 30,
(c) a person who, under section 32, 33 or 37, is not required to be authorised by a licence.
serious incident means an incident resulting in—
(a) an uncontrolled explosion or fire, or
(b) the death of, or serious injury to, a person, or
(c) substantial unintended damage to property, or
(d) risk of an event referred to in paragraphs (a)–(c).
81
Notification of loss or theft of explosives or explosive precursors
81 Notification of loss or theft of explosives or explosive precursors
81 Notification of loss or theft of explosives or explosive precursors
(1) A responsible notifier must immediately notify each relevant authority of the following events—
(a) the theft of an explosive or explosive precursor from the responsible notifier,
(b) an attempt to steal an explosive or explosive precursor from the responsible notifier,
(c) a suspicious incident that threatens the security of an explosive or explosive precursor in the possession, custody or control of the responsible notifier,
(d) the loss of an explosive or explosive precursor by the responsible notifier.
Maximum penalty—350 penalty units.
(2) The harbour master responsible for a port must notify the regulatory authority of the following events occurring in the port—
(a) the theft or attempted theft of an explosive or explosive precursor,
(b) a suspicious incident that threatens the security of an explosive or explosive precursor,
(c) the loss of an explosive or explosive precursor.
Maximum penalty—350 penalty units.
(3) In this section—
relevant authority means the following—
(a) the regulatory authority,
(b) a police officer,
(c) if the explosive or explosive precursor is located at a mining workplace—the mining workplace regulator.
82
Notification of serious incidents involving explosives or explosive precursors
82 Notification of serious incidents involving explosives or explosive precursors
82 Notification of serious incidents involving explosives or explosive precursors
(1) A responsible notifier must give notice of a serious incident relating to the handling of an explosive or explosive precursor in the possession, custody or control of the responsible notifier to—
(a) if the incident occurred at a mining workplace—the mining workplace regulator, or
(b) otherwise—the regulatory authority.
Maximum penalty—350 penalty units.
(2) The harbour master responsible for a port must notify the regulatory authority of a serious incident relating to the handling of an explosive or explosive precursor in the port.
Maximum penalty—350 penalty units.
(3) Notice of a serious incident must—
(a) be given immediately after the responsible notifier becomes aware of the incident, and
(b) be given—
(i) by electronic communication in a way approved by the regulatory authority or the mining workplace regulator, containing full particulars of the incident, including the particulars of a death, injury or unintended damage to property arising from the incident, or
(ii) by telephone to the regulatory authority or mining workplace regulator, giving the information requested by the regulatory authority or mining workplace regulator.
(4) A responsible notifier is not required to give notice under this section if—
(b) that notification is consistent with subsection (3).
s 82: Am 2025 (301), Sch 1[10].
83
Preservation of site following serious incident
83 Preservation of site following serious incident
83 Preservation of site following serious incident
(1) The responsible notifier who gives notice of a serious incident under section 82 must ensure that the following areas are not used, interfered with or disturbed for a period of 36 hours after notice is given—
(a) the area within a radius of 4m of the place where the serious incident occurred,
(b) the area within a radius of 4m of a place affected by the serious incident.
Maximum penalty—350 penalty units.
(2) This section does not prevent taking action—
(a) to help or remove a trapped or injured person, or
(b) to remove a body, or
(c) to avoid injury to a person or damage to property, or
Access to explosives or explosive precursors by unauthorised persons
84 Access to explosives or explosive precursors by unauthorised persons
84 Access to explosives or explosive precursors by unauthorised persons
(1) A licence holder must not allow an individual who does not hold a security clearance that is in force to have access to an explosive or explosive precursor unless supervised by—
(a) the licence holder, or
(b) for a licence held by a corporation—a responsible person for the corporation, or
(c) an employee of the licence holder who holds a security clearance that is in force.
Maximum penalty—250 penalty units.
(2) For this section, a person has access to an explosive or explosive precursor if the person has access to—
(a) the secure magazine or secure store in which the explosive or explosive precursor is stored,
(b) the keys, codes or other devices used to unlock a secure magazine or secure store in which the explosive or explosive precursor is stored,
(c) the explosive or explosive precursor while it is being transported.
85
Fire hazards
85 Fire hazards
85 Fire hazards
A person must not, within 10m of a place where explosives are handled—
(a) smoke, or
(b) have a thing that might spontaneously ignite or cause fire or explosion.
Maximum penalty—250 penalty units.
86
Interference with signs and labels
86 Interference with signs and labels
86 Interference with signs and labels
(1) A person must not intentionally or recklessly interfere with a sign, label or marking erected, fixed or made in relation to the control or regulation of an explosive or explosive precursor.
Maximum penalty—250 penalty units.
(2) Subsection (1) does not apply to interference caused by the ordinary use of the explosive or explosive precursor.
87
Restrictions on vacating explosives site
87 Restrictions on vacating explosives site
87 Restrictions on vacating explosives site
(1) A person must not vacate an explosives site unless all explosives stored at the site are removed by—
(a) lawfully disposing of the explosives, or
(b) lawfully transporting the explosives for storage at another place in accordance with a licence.
Maximum penalty—350 penalty units.
(2) A person who fails to remove an explosive from a site does not commit an offence against subsection (1) if the new occupier of the site—
(a) knowingly takes possession of the explosive, and
(b) is authorised by a licence to possess and store the explosive.
Part 7
Administration and enforcement
Part 7 Administration and enforcement
Part 7 Administration and enforcement
88
Destruction of forfeited explosives—the Act s 24N
88 Destruction of forfeited explosives—the Act s 24N
88 Destruction of forfeited explosives—the Act s 24N
The regulatory authority may destroy a forfeited explosive, or a portion of a forfeited explosive, that is not required for legal proceedings under the Act.
89
Direction given by inspector or police officer—the Act, s 36(2)
89 Direction given by inspector or police officer—the Act, s 36(2)
89 Direction given by inspector or police officer—the Act, s 36(2)
(1) An inspector or police officer may direct a person to do one or more of the following—
(a) remove a thing that is a hazard to an explosive or explosive precursor, such as an ignition source,
(b) take specific action to make unsafe explosives safe,
(c) dispose of unsafe explosives as provided for in the Act, section 30A,
(d) adopt immediate arrangements to ensure the security of premises used to manufacture or store explosives or explosive precursors,
(e) do a thing that, in the opinion of the inspector or police officer, is necessary to address a risk to the safety or security of a person or property arising from the handling of explosives or explosive precursors.
(2) A direction requiring a person to handle explosives may only be given to the following—
(a) a licence holder,
(b) an employee, contractor or other person engaged, or apparently engaged, by a licence holder,
(c) a person the inspector or police officer reasonably suspects to be engaged in activities regulated under the Act or this regulation.
(3) A person must not fail to comply with a direction given under this section.
Maximum penalty—250 penalty units.
90
Licence or security clearance to be carried and produced—the Act, s 36(2)
90 Licence or security clearance to be carried and produced—the Act, s 36(2)
90 Licence or security clearance to be carried and produced—the Act, s 36(2)
(1) A person who holds a licence or security clearance must, at the request of a police officer or inspector who reasonably suspects the person is handling an explosive or explosive precursor—
(a) produce the licence or security clearance for inspection by the police officer or inspector, or
(b) if the licence or security clearance is not in the person’s immediate possession—produce the licence or security clearance to the police officer or inspector who made the demand or to another police officer or inspector nominated by the original police officer or inspector within 48 hours after the demand is made.
Maximum penalty—50 penalty units.
(2) A person in possession of an explosive or explosive precursor must—
(a) carry the licence, or a copy of the licence, that authorises the possession of the explosive or explosive precursor, and
(b) produce the licence, or a copy of the licence, at the request of a police officer or inspector, and
(c) if the person holds a security clearance—
(i) carry the security clearance, and
(ii) produce the security clearance, at the request of a police officer or inspector.
Maximum penalty—50 penalty units.
91
Onus of proof concerning reasonable excuse—the Act, s 36(1)
91 Onus of proof concerning reasonable excuse—the Act, s 36(1)
91 Onus of proof concerning reasonable excuse—the Act, s 36(1)
In proceedings for an offence against a provision of this regulation, the onus of proving that a person had a reasonable excuse is on the person asserting it.
92
Penalty notice offences and penalties—the Act, s 34
92 Penalty notice offences and penalties—the Act, s 34
92 Penalty notice offences and penalties—the Act, s 34
(1) For the Act, section 34(2)—
(a) each offence created by a provision specified in Schedule 2, Column 1 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each offence is the amount specified opposite the provision in Column 2.
(2) If the reference to a provision in Schedule 2, Column 1 is qualified by words that restrict its operation to specified types of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind specified or committed in the circumstances specified.
Part 8
Miscellaneous—the Act, s 36(2)
Part 8 Miscellaneous—the Act, s 36(2)
Part 8 Miscellaneous—the Act, s 36(2)
93
Labels and markings to be in English
93 Labels and markings to be in English
93 Labels and markings to be in English
A document, label or marking required by the Act or this regulation must, unless otherwise provided for by the Act or this regulation, be written in English.
94
Classification of detonators
94 Classification of detonators
94 Classification of detonators
For this regulation, a detonator has the following classification code—
(a) if packaged in accordance with the requirements of classification code 1.4B—1.4B,
(b) if packaged in accordance with the requirements of classification code 1.4S—1.4S,
(c) otherwise—1.1B.
95
Regulatory authority’s power to waive, reduce, postpone or refund fees
95 Regulatory authority’s power to waive, reduce, postpone or refund fees
95 Regulatory authority’s power to waive, reduce, postpone or refund fees
The regulatory authority may waive, reduce, postpone or refund, in whole or part, a fee under the Act or this regulation if the regulatory authority is satisfied—
(a) the person liable for the fee is suffering financial hardship, or
(b) special circumstances exist.
Example of special circumstances—
The person is affected by or recovering from a natural disaster.
ammunition means a safety cartridge of classification code 1.4S for small arms, but does not include a cartridge designed for an explosive-powered tool.
AS 2187 means Australian Standard AS 2187, Explosives—Storage, transport and use, as in force from time to time.
authorised supplier means the holder of a licence that authorises the holder to supply an explosive or explosive precursor.
business day means a day that is not—
(a) a Saturday or Sunday, or
(b) a public holiday.
controlled explosives, for Part 5, Division 4, Subdivision 1—see section 46.
corresponding law, for Part 6, Division 4—see section 63.
CPI number, for Schedule 4A, Part 2—see Schedule 4A, section 1.
display fireworks means fireworks, other than toy fireworks or distress signals, consisting of a case or device forming a squib, gerb, cracker, serpent, mortar shell, lance, wheel, coloured fire, Roman candle or other article specially adapted for the production of a pyrotechnic effect or sound effect.
distress signal—
(a) means a pyrotechnic device intended for signalling, warning, rescue or similar purposes, and
(b) includes a signal cartridge, marine flare, landing flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud seeding rocket, avalanche rocket, smoke generator, railway track signal and bird scarer.
explosive-powered tool—
(a) means a tool that uses an explosive to drive a stud, pin, dowel, screw, rivet, spike or other similar object against, into or through a substance, but
(b) does not include a tool designed for use in rock breaking or demolition.
explosives site means land on which explosives are lawfully stored.
export means export from the State to another country.
fee unit, for Schedule 4A—see Schedule 4A, section 2.
financial year, for Schedule 4A, Part 2—see Schedule 4A, section 1.
harbour master, for Part 6, Division 8—see section 80.
hazard division, for an explosive, means the hazard division assigned to the explosive under the Australian Explosives Code.
import means bring explosives or explosive precursors into the State from another country.
life-saving appliance means a safety device for use in a motor vehicle, vessel or aircraft including the following—
This regulation is the Explosives Regulation 2024.
2 Commencement
2 Commencement
2 Commencement
This regulation commences on 1 September 2024.
Note—
This regulation replaces the Explosives Regulation 2013, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
s 2: Am 2025 No 48, Sch 2.5.
3 Interpretation
3 Interpretation
3 Interpretation
The dictionary in Schedule 5 defines words used in this regulation.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Regulatory authority for mining workplaces—the Act s 4
4 Regulatory authority for mining workplaces—the Act s 4
4 Regulatory authority for mining workplaces—the Act s 4
For the Act, section 4(2), the mining workplace regulator is declared to be the regulatory authority for mining workplaces, but only for the following—
(a) examination and inspection of explosives or explosive precursors,
(b) notification under sections 81 and 82,
(c) appointment of inspectors,
(d) investigation of the breach of—
(i) the Act, or
(ii) this regulation, or
(iii) a licence condition.
5 Persons to cooperate to discharge duties—the Act, s 36
5 Persons to cooperate to discharge duties—the Act, s 36
5 Persons to cooperate to discharge duties—the Act, s 36
For the Act, section 36(1), if more than 1 person has a duty in relation to the same matter each person with the duty must, so far as is reasonably practicable, consult, cooperate and coordinate activities with each other person with the duty.
Creates exemptions and specific limited authorisations for categories such as police, licensed firearms dealers, carriers, voyages outside the State, port operational areas, and small quantities of security sensitive ammonium nitrate (ss 29-37).
Sets fee and fee-indexation arrangements, including a fee unit calculation and specified restoration fees in Schedule 4A (s 28; Schedule 4A).
The regulation repeatedly anchors obligations to external technical codes and standards rather than reproducing technical specifications. It allocates significant discretionary authority to the regulatory authority: to require plans in a form it approves (ss 26-27), to impose licence conditions on corporations (s 24), to publish and maintain registers (ss 6-7, 38), to waive or refund fees in cases of hardship or special circumstances (s 95), and to approve exceptions such as longer research and development periods (s 9(2)-(3)). Where penalties are framed as penalty units the monetary value depends on the statutory penalty unit; Schedule 2 also maps many offences to fixed dollar penalty notice amounts.
This section describes the rules mechanically, it does not adopt the regulation's stated policy aims. The text of the regulation contains limited explicit rationale. The consequential mechanics to watch for in practice are who must obtain licences and clearances, the scope of discretionary approvals, the cross-reference to external codes which become mandatory for regulated activities, the detailed notification and recordkeeping obligations, and the interplay of criminal penalties, penalty notices and inspector powers.
Main concepts
The regulation organises the explosives regime around a set of core regulatory concepts. These define the perimeter of obligations and the modes of regulatory intervention.
Authorised explosive: an explosive that is registered and authorised under the Act and regulation. Handling unauthorised explosives is an offence (s 8). The register of authorised explosives must be published on the regulator’s website from 1 July 2025 (s 6) and cancellations must be published for at least 12 months (s 7).
Licence and security clearance: a separated but complementary authorisation architecture. A licence authorises particular activities and locations (ss 11-13, Schedule 1). A security clearance is an individual-level authorisation required for persons handling explosives or explosive precursors unless exempted (s 10). The Licencing and Registration (Uniform Procedures) Act 2002 applies to licence applications, except s 10 (note to Part 3).
Types of licences: Schedule 1 defines various licence types (blasting explosives user, fireworks single-use, import, manufacture, store, supply, transport by vehicle, transport by vessel, use of security sensitive dangerous substances, pyrotechnician) and the activities each authorises (Schedule 1).
Security and safety plans: licence holders may be required to submit security plans and safety management plans. Security plans must be in a regulator-approved form and must identify security risks and access lists, and preserve records for inspector assessment (s 26). Safety plans must describe handling proposals and risk assessments (s 27).
Codes and standards: compliance is established by mandatory observance of identified Australian Standards, the Australian Explosives Code and the ADG Code where relevant (ss 39, 55-57). The regulation makes these external standards legally binding for covered activities (s 56(1)).
Secure storage concepts: secure magazine for explosives (defined in Schedule 5), secure store for explosive precursors (Schedule 5), and secure handling/transport conditions (ss 40-41, 43).
Supervision and access control: substantial controls on who may access explosives or precursors, including the requirement that access be in line with security plans, that personnel are listed or supervised, and that persons without clearances not be given unsupervised access (ss 59-61, 60(1)).
Transport controls and routing: specific quantity caps, route and area restrictions, approvals for transit in tunnels, bridges and CBDs, age and medical requirements for drivers, and rules for temporary vehicle holding and rail storage (ss 44-51, 54, 45).
Notification and preservation on incidents: immediate notification of theft, loss, suspicious incidents or serious incidents to specified authorities, and preservation of incident sites for 36 hours (ss 81-83).
Enforcement tools and penalties: inspector and police directions, suspension and cancellation of licences/clearances, requirement to carry and produce licences and clearances on request, and fixed penalty notice schedules (ss 19-23, 89-92, 90; Schedule 2).
Several cross-cutting definitions shape liability and compliance, for example NEQ (net explosive quantity), controlled explosives (s 46), receiver for suppliers (s 63 referring to s 65), and secure magazine/store definitions in Schedule 5. The regulation also embeds transitional and savings provisions to carry over licences and authorised explosives from the repealed 2013 regulation (Schedule 4).
The main concept for regulated entities is the combination of prescriptive duties (licence, storage, transport, notification), compliance-by-reference to technical codes, and administrative oversight by the regulatory authority and inspectors. Discretionary approvals, forms and mandatory plan content serve as points where the regulator operationalises risk control rather than the legislation specifying technical detail directly.
Who it affects
This regulation affects a broad set of actors in the explosives value chain, and others who interact with explosive materials in defined circumstances.
Licence holders and applicants: entities and individuals who manufacture, supply, store, transport, import, export or use explosives or explosive precursors will generally need the appropriate licence from the regulatory authority (ss 11-14, Schedule 1). Licence types are detailed in Schedule 1.
Individuals handling explosives: any individual who handles explosives or explosive precursors must hold a security clearance unless exempted (s 10). This includes employees of licence holders who are not otherwise exempt (s 29).
Corporations: where licences are held by corporations the regulation imposes conditions, including a requirement to nominate a responsible person and keep that person reasonably available to advise persons handling explosives and to assist the regulator (s 24). Nomination requirements include supplying the person’s security clearance and evidence of relevant competence (s 25).
Suppliers, carriers and transport operators: authorised suppliers must verify receiver identity and licencing or exemption (s 65), and must create and retain supply records for five years (ss 66-67). Carriers transporting ammunition/percussion caps in the ordinary course of business are exempted from licensing for transport in specified circumstances (s 33). Transport licence holders must ensure drivers are aged 21 or older and medically fit (s 54).
Employers and supervisors: licence holders and transport supervisors carry duties to ensure personnel are trained and comply with the Australian Explosives Code (s 58), to maintain and implement security and safety plans (ss 59, 61), and to ensure supervision rules are observed (s 60).
Police and inspectors: authorised to give directions, investigate, order disposal or secure premises, and require production of licences and clearances (ss 89, 90). The NSW Police are specifically exempted from holding licences or clearances for limited storage at police stations of small quantities (s 30).
Emergency services and harbour masters: harbour masters must notify the regulatory authority of certain thefts or serious incidents in ports (s 81(2), s 82(2)), and licence holders must consult local fire authorities when preparing emergency management plans for storage above thresholds (s 42(3)).
Ports, rail operators and local government areas affected by transport restrictions: the regulation imposes geographic limits and route conditions, including specific bridges (s 49(2)) and defined CBDs (s 51). Rail yards and sidings are subject to limits on storage quantities and time frames (s 45).
Importers/exporters and customs agents: licences authorising import/export must notify the regulatory authority in advance with specified details and within tight timeframes (s 69, s 71). Transport from port to licensed destination requires written approval (s 70).
Educational and research institutions: exemptions permit handling small amounts of security sensitive ammonium nitrate for research or education if amounts are within defined limits and performed in appropriate facilities (s 37).
Who pays: licence applicants and holders pay fees and restoration fees set in Schedule 4A. The regulatory authority may waive or reduce fees on financial hardship or special circumstances (s 95). Who decides: the regulatory authority determines licence grants, sets forms for security and safety plans, approves exceptions and issues suspensions/cancellations (multiple provisions including ss 19-23, 26, 95). Inspectors and police exercise operational control through directions and enforcement (s 89).
Specific categories experience asymmetric burdens: manufacturers, suppliers and transport operators face continuous compliance demands including packaging and marking under the Australian Explosives Code and ADG Code (ss 62, 64). Corporations must maintain responsible persons and supervisory arrangements (ss 24-25). Small businesses involved in occasional fireworks displays will be constrained by limits on the number of single-use licences (Schedule 1 cl 2(2)), and by the training and fit-and-proper person requirements (cl 16).
The regulation also creates potential compliance cost offsets for some public authorities, for example limited storage by police at stations is exempted up to 10kg NEQ (s 30), but from 1 July 2025 such storage must be in a secure magazine. Overall, the regulation affects commercial operators across mining, construction, agriculture, defence, pyrotechnics, transport and supply chains as well as public safety agencies.
Key duties and rights
Key duties and rights are specified throughout the regulation. These are obligations that produce compliance costs, and rights or discretions that regulate behaviour.
Duties to hold authorisations
Security clearances: individuals handling explosives or explosive precursors must hold a security clearance unless exempted (s 10).
Licences: persons handling explosives or explosive precursors must hold an appropriate licence unless exempted (s 11). A licence authorises only the explosives, precursors, quantities and premises specified in the licence (s 12-13).
Duties to prepare and implement plans
Security plans: licence holders must produce security plans in a regulator-approved form that identify security risks and specify access controls and recordkeeping enabling inspectors to assess compliance (s 26).
Safety management plans: must be made in an approved form and include handling descriptions and risk assessments (s 27).
Emergency management plans: required if storing more than 50kg NEQ of explosives or more than 50 tonnes of precursors, must be reviewed on material changes and at least every five years, and require consultation with fire authorities and the regulator (s 42(1)-(5)).
Duties in storage, supervision and access
Storage: explosives must be stored in secure magazines and precursors in secure stores authorised by a licence (ss 40-41).
Supervision: explosives removed from secure storage must be under direct supervision of a person holding a security clearance until used or returned (s 43).
Access controls: licence holders must ensure access is in accordance with security plans; individuals without clearances must be supervised as specified (ss 59-61, 60(1)).
Duties to comply with codes and standards
Activities covered by relevant standards or codes must be carried out in accordance with them, and where duties are unclear the person undertaking the activity bears the duty in relation to matters under their control (ss 56-57). The regulation explicitly makes these standards enforceable in many settings (s 55 defines relevant standard or code).
Duties on suppliers and recordkeeping
Authorised suppliers must verify identity and authority of receivers, retain records of supply with required details and keep records for at least five years, making records available on demand by an inspector or police officer (ss 65-67).
Duties on transport and drivers
Transport limits: quantity limits consistent with the Australian Explosives Code apply (s 47). Transport into prohibited areas or across some bridges requires regulatory approval (s 49). Specific regional restrictions apply east of the Newell Highway for controlled explosives over 10 tonnes (s 50).
Driver requirements: vehicle transport licence holders must ensure drivers are at least 21, have training and experience, and have medical certifications within specified intervals (s 54).
Duties to notify and preserve
Immediate notification obligations for theft, suspicious incidents, loss and serious incidents to relevant authorities, with defined methods and timelines (ss 81-82).
Preservation: after a serious incident the notifier must ensure certain areas are not interfered with for 36 hours unless necessary actions are permitted (s 83).
Inspector and police powers and affected rights
Inspectors and police can direct persons to take immediate action to address hazards, make explosives safe, dispose of unsafe explosives, and secure premises (s 89). Those directions may only be given to persons engaged in regulated activities as specified in s 89(2).
Suspension and cancellation: licence and security clearance suspension and cancellation procedures are set out including effectivity on written notice and interim suspension while investigating cancellation (ss 19-22). The regulator also must, if practicable, notify supervising licence holders within seven days of a security clearance suspension or cancellation (s 23).
Rights and discretions of the regulatory authority
The regulatory authority may approve forms and plans, impose licence conditions, publish registers of explosives and exemptions, approve extensions such as longer research and development periods, waive or reduce fees on hardship or special circumstances, and require return of cancelled licence documents (ss 6, 7, 26, 28, 38, 95, 22(2)).
Sanctions and remedies
The regulation sets criminal penalties expressed as penalty units for many offences (for example s 8(1) 250 penalty units, s 9(1) 350 penalty units, s 72(1) 350 penalty units). Schedule 2 maps many offences to fixed penalty notice dollar amounts and prescribes which offences may be subject to penalty notices (s 92).
Procedural onus
In prosecutions, the defendant bears the onus of proving a reasonable excuse (s 91).
Taken together these duties create layered compliance obligations spanning administrative (licensing), operational (storage, transport, supervision), technical (codes and standards), recordkeeping and reporting, with inspector-led enforcement and substantive penalty exposure. Rights are primarily administrative dis- cretions of the regulatory authority and operational directions of inspectors and police.
Penalties and enforcement
Enforcement is a mix of inspector and police operational powers, administrative licence control, criminal offences with penalty units, and penalty notice offence regime with specified monetary amounts. The regulation sets both commanding enforcement tools and administrative processes.
Inspector and police enforcement powers
Inspectors and police may give directions to eliminate hazards, make explosives safe, order disposal under the Act, adopt immediate security arrangements and otherwise address risks (s 89). Directions requiring handling of explosives are limited to licence holders, their employees/contractors, or persons reasonably suspected to be engaged in regulated activities (s 89(2)).
An inspector may direct a person responsible for setting an explosive to cause it to explode or otherwise render it harmless (s 73). Failure to comply with an inspector’s direction is an offence (s 73(4)).
Licence suspension, cancellation and related directions
Suspension takes effect on written notice or the later date specified (s 19). The regulator may suspend while investigating cancellation for periods up to 28 days, renewable by written notice (s 21).
Cancellation takes effect on written notice; the regulator may direct the holder to return the licence/security clearance document and failure to comply with that direction is a separate offence (s 22(2)-(3)).
The regulator may suspend or cancel if the holder becomes ineligible (s 20).
Production and inspection powers
A person holding a licence or security clearance must produce the licence or clearance at the request of an inspector or police officer who reasonably suspects they are handling explosives; if not immediately available, they must produce within 48 hours (s 90(1)). Persons in possession of explosives must carry and produce authorising licences and clearances at request (s 90(2)).
Criminal penalties in penalty units
Many offences carry maximum criminal penalties expressed in penalty units. Examples include:
Handling an unauthorised explosive or falsely representing one as authorised: 250 penalty units (s 8(1)-(2)).
Use or modification of explosives for unauthorised purposes: 350 penalty units (s 9(1)).
Storage of explosives without a licence or secure magazine: 250 penalty units (s 40(1)).
Failure to preserve a serious incident site: 350 penalty units (s 83(1)).
Leaving explosives unattended after setting: 350 penalty units (s 72(1)).
Penalty notice regime (Schedule 2)
Section 92 enables many offences to be dealt with by penalty notice. Schedule 2 provides a mapping of specified provisions (Column 1) to fixed monetary penalty notice amounts (Column 2). The Schedule contains both dollar figures for offences under the Act and amounts applying to offences under the regulation. For example, Schedule 2 lists $7,500 for offences under s 82(1) and (2) (serious incident notifications), $5,000 for many supply, storage and plan compliance offences, and $7,500 for s 72(1) (setting explosives and leaving unsupervised) as a penalty notice amount.
The penalty notice table includes entries for offences created by the Act as well as by the regulation, and distinguishes corporate and individual exposures in some Act provisions.
Administrative remedies and discretionary measures
The regulator may publish cancellations and register exemptions (ss 7, 38), require return of cancelled licence documents (s 22(2)), and waive, reduce, postpone or refund fees on grounds of hardship or special circumstances (s 95).
The regulation also provides for destruction of forfeited explosives that are not required for legal proceedings (s 88).
Procedural burden and evidentiary onus
In prosecutions the person asserting a reasonable excuse bears the onus of proof (s 91). Records required under supplier and other obligations must be kept for at least five years and produced to an inspector or police officer within seven days after direction (ss 66-67).
Enforcement design: the statute combines criminal maximum penalties with an administrative penalty notice regime to enable lower-cost, quicker enforcement for many breaches, while reserving higher penalty unit maxima for more serious or fundamental offences. Inspectors and police have broad immediate powers to address safety and security risks, but many of the technical obligations are enforced through codes and standards nominated by reference, making compliance an operational question as much as a legal one (see ss 55-56). The regulator retains substantial discretion over approvals, waivers and the administrative form of compliance, which focuses enforcement on plan content, recordkeeping, supervision and transport routing.
How it interacts with other laws
The regulation is explicitly designed to operate in a network of State and national laws and technical codes. The text contains multiple cross-references and savings provisions determining how conflicts and overlaps are to be managed.
Primary Act and subordinate instruments
The regulation sits under the Explosives Act 2003 (the Act); many provisions expressly refer to the Act for authority, for example the licensing and registration provisions and the regulatory authority functions throughout (see notes at Part 3 and multiple clause headings). The regulation also invokes the Act for inspector powers, suspension and cancellation procedures (ss 19-23 cross-reference the Act).
Technical codes and national instruments
Compliance is required with AS 2187 (Explosives,Storage, transport and use), the Australian Explosives Code, AS 4326-2008 (storage and handling of oxidising agents) and the Australian Dangerous Goods (ADG) Code where relevant (ss 39, 55, 62, 64). The regulation makes these codes legally binding for specified regulated activities by mandating compliance (s 56(1)).
For transport, the Australian Explosives Code sets maximum load limits and placarding requirements which the regulation embeds into offence provisions (s 47, s 49(2), s 62(1)).
Overlap with other Acts addressing safety and workplace issues
The regulation defers to and coordinates with mine-specific workplace regulation: the mining workplace regulator is declared the regulatory authority for certain matters in mining workplaces, such as examination and inspection of explosives, notifications under ss 81-82, appointment of inspectors and investigation of breaches (s 4).
Serious incidents notified under this regulation may also be notifiable incidents under the Work Health and Safety Act 2011. Where they are, the separate notification under this regulation is not required provided the WHS notification covers the required information and is consistent with s 82(3)-(4).
Emergency plan consultation duties require licence holders to consult the Commissioner of Fire and Rescue NSW or the NSW Rural Fire Service depending on district and to consider written advice from those authorities (s 42(3)-(5)).
Transport, maritime and rail regimes
Harbour masters appointed under the Marine Safety Act 1998 have specific notification duties to the regulatory authority for incidents occurring in ports (s 81(2), s 82(2)). The regulation permits transport by vessel on interstate or overseas voyages without State licence for persons transporting explosives (s 35).
Rail-related definitions borrow from the Rail Safety National Law (NSW) for rolling stock and siding definitions used in s 45.
Firearms law interface
The Firearms Act 1996 is relied on to exempt licensed firearms dealers and holders of firearm possession/use licences from explosives licencing obligations for certain categories such as ammunition, percussion caps and small quantities of propellant powder (s 32). The regulation carves out collectors and heirloom permit holders from some exemptions (s 32(3)).
Other statutory mechanisms
The Interpretation Act 1987 is referenced for interpretive provisions (s 3, and multiple sections state that Interpretation Act s 36 does not apply to the section).
Licensing procedural law: the Licensing and Registration (Uniform Procedures) Act 2002, Part 2 (except s 10), is applied to licence applications under the Act (note to Part 3).
Priority and conflicts
The regulation expressly states that an inconsistent provision of the regulation prevails over an inconsistent provision of a relevant standard or code (s 57(3)). Conversely, if a standard imposes a duty without clearly assigning responsibility the duty is observed or discharged by the person undertaking the activity (s 57(1)).
Transitional continuity
Schedule 4 contains savings and transitional provisions carrying over licences and registered explosives from the repealed 2013 regulation and requiring pending applications to be dealt with under the new regulation (Schedule 4 cls 2-4).
Practitioners and compliance officers must therefore manage multiple legal and technical regimes concurrently: the State regulation and Act, national technical codes, sectoral laws for mining, rail and maritime safety, workplace safety regimes, firearms law, and administrative licensing procedures. Compliance strategies must account for where duties are operationalised by reference to external codes and where the regulation imposes independent statutory duties or reporting requirements.
Amendment history
The regulation text itself embeds amendment annotations and several inserted or substituted provisions, indicating that since its initial making it has been amended. The text includes explicit amendment footnotes and references. The concrete amendments shown in the provided text include the following.
Commencement and replacement: the regulation commences 1 September 2024 and replaces the Explosives Regulation 2013, which was repealed on that date by the Subordinate Legislation Act 1989, s 10(2) (s 2 and associated note).
Section amendments annotated to 2025: several sections carry amendment citations in the marginal notes through the body of the regulation. Examples include:
s 2 has an annotation "s 2: Am 2025 No 48, Sch 2.5", showing an identified amendment instrument.
s 28 is annotated "s 28: Subst 2025 (301), Sch 1[1]" indicating substitution or insertion of s 28 in 2025 instrument No 301.
s 31 is annotated "s 31: Am 2025 (301), Sch 1[2]" showing amendments to exemptions for certain explosives.
ss 64, 65 and 68 carry amendment notes "s 64: Am 2025 (301), Sch 1[5]" and "s 65: Am 2025 (301), Sch 1[6] [7]" and "s 68: Am 2025 (301), Sch 1[8] [9]".
s 51 and other sections are annotated "s 51: Am 2025 (301), Sch 1[4]" and s 82 "s 82: Am 2025 (301), Sch 1[10]".
Schedule 1 is amended (sch 1: Am 2025 (301), Sch 1[11]).
Schedule 3 and Schedule 5 have amendment references "sch 5: Am 2025 (301), Sch 1[13]-[15]".
Schedule 4A Fees contains an insertion note "sch 4A: Ins 2025 (301), Sch 1[12]" showing fees were inserted by the 2025 instrument.
Fee unit indexation: Schedule 4A Part 2 sets the fee unit at $100 for 2024-25, with a formula for indexation thereafter and an editorial note showing the fee unit for 2025-26 is $102.32. This is an implementing detail introduced in 2025 amendments (Schedule 4A).
Transitional effect: Schedule 4 implements savings and transitional provisions to carry over licences and registered explosives from the prior regulation (Schedule 4 cls 2-5).
The regulation text therefore records a set of post-commencement changes in 2025. Where sections bear amendment citations the specific changes and their particulars are recorded in the instrument schedule references noted in the marginal notes. The text supplied includes the post-amendment wording; each clause that references an amendment should be read in its current form as presented.
Practitioners should consult the consolidated instrument or the amending instruments referenced (for example 2025 (301) schedules and 2025 No 48 where noted) for the full amendment history, precise commencement of amendments and any transitional savings attached to those change instruments. Schedule 4 also provides continuity rules for licences and applications made under the prior regulatory regime.
Litigation history
The supplied text of the Explosives Regulation 2024 contains no case law, judicial decisions or litigation history. It does not name any judicial authorities or report prior litigation outcomes. Therefore, from the regulation itself there are no litigious precedents to cite.
That absence is itself informative for practitioners assessing litigation risk. The regulation creates multiple factual and legal points that are conventionally contested in enforcement litigation, and where disputes could be expected courts or tribunals may be asked to resolve issues such as:
Scope of the regulator’s discretion: disputes may arise over whether the regulator properly exercised its discretion when granting, refusing, suspending or cancelling licences or security clearances (see ss 19-22, 24, 95). The regulation provides statutory bases for suspension and cancellation and for licence conditions on corporations (s 24), and these are classic grounds for administrative law review.
Interpretation of plan adequacy: because security and safety plans must be in a form approved by the regulator and include specified elements, litigation could arise over whether a plan was adequate and whether non-compliance justified enforcement action (ss 26-27). Courts would likely examine whether the regulator’s approved form and assessment process followed procedural fairness and reasonableness principles.
Enforcement and powers of inspectors: directions under s 89 and the requirement to comply with inspector directions raise common law and statutory questions about the scope and reasonableness of directions, and the circumstances in which a person may lawfully refuse or challenge a direction.
Onus of proof and reasonable excuse: s 91 places the onus of proof for reasonable excuse on the defendant. Challenges may address how courts apply the onus and the standard of proof required for exceptions and defences.
Interaction with technical codes: since many duties are enforced by reference to external codes, disputes may concern the interpretation of those codes, their incorporation into enforceable duties, and any inconsistency between the regulation and a code or standard (s 57(3) addresses conflict).
Penalty notices versus prosecution: Schedule 2 sets penalty notice amounts for many offences. Litigation could arise over whether an offence is correctly characterised as a penalty notice offence under the statutory scheme, and whether an issued penalty notice is validly served.
Because the regulation cross-references other Acts that create specialist regimes (Mining safety, Marine Safety, Firearms), litigation may proceed in contexts where concurrent statutory frameworks apply. Practitioners should therefore expect enforcement litigation to involve administrative law remedies (judicial review of decisions), prosecutions under the regulation, and challenges to the validity or reasonableness of regulatory actions, in a mix dependent on fact patterns.
In the absence of named cases in the instrument, parties seeking authority on likely judicial treatment will need to draw on decisions under the Act and analogous regulatory regimes, and to monitor future case law emerging from this new regulatory architecture.
Gotchas
The regulation contains multiple provisions that present operational traps or non-obvious compliance exposures.
Broad definitions of access and handling
A person “has access” to explosives not only when directly handling them but also if they have access to the secure magazine or store, or the keys, codes or unlocking devices (s 60(2)). This expands potential liability to those controlling physical or electronic access, not only to hands-on handlers.
Separation of licence and security clearance
Both a licence and a security clearance are often required, but the regimes are separate: holding one does not substitute for the other in general (ss 10-13). An employee may be exempted from holding a licence if the employee holds a security clearance and is acting within supervision rules, but the interplay of ss 29 and 11 means organisations must plan to ensure covered employees and contractors are correctly authorised.
Regulator-approved forms and discretion
Security and safety plans must be made in a form approved by the regulatory authority and include specified elements (ss 26-27). The regulator’s approval is a gate: a plan not in the approved form or lacking required elements is non-compliant, even if it is functionally protective. The regulator also may require submission of a security plan when a licence holder notifies location of a storage facility (Schedule 1 cl 1(2)).
Onus of proof of reasonable excuse
If charged, the accused must prove a reasonable excuse (s 91). That shifts evidentiary burden and increases the importance of contemporaneous records and procedures to evidence compliance or excusal when incidents occur.
Mixed penalty regimes and penalty notices
The regulation uses both penalty units and fixed penalty notice amounts (Schedule 2). Some offences carry high maximum penalty units; others have modest penalty notice amounts. Confusion can arise over whether a particular breach will be enforced by way of penalty notice or prosecution. Section 92 narrows penalty notice application to those listed in Schedule 2 and to the specified circumstances.
Cross-reference to technical standards
Many duties are framed through compliance with external codes such as AS 2187 and the Australian Explosives Code (ss 39, 55-56). The regulation does not replicate technical details; compliance requires practitioners to obtain and apply those codes. Non-compliance with a code is an offence under the regulation, therefore access to and interpretation of standards is a legal necessity.
Recordkeeping timelines and disclosure
Suppliers must collect proof of identity and evidence of licensing or exemption and retain records for five years (ss 65-67). Records must be produced to inspectors or police as soon as practicable but not more than seven days after a direction (s 67(2)). Failure to keep or produce records attracts penalty notice amounts in Schedule 2.
Transport routing and geographic restrictions
Multiple route and geographic restrictions are specific and potentially surprising: prohibited areas and specified bridges restrict movement of controlled explosives without approval (s 49), certain areas east of the Newell Highway have a 10 tonne limit unless routes to specified destinations are used or regulatory approval is obtained (s 50), and relevant central business districts are listed by LGA (s 51). Non-compliance can attract penalties and seizure risks.
Temporary holding rules and time limits
Vehicles holding explosives at premises for more than two consecutive business days (or four days if separated by a non-business day) must unload to a secure magazine (s 44). Rail yards are limited to 40 tonnes NEQ and a two business day holding rule (s 45). These limits impose logistics constraints that may not align with ordinary freight schedules.
Employee and contractor exemptions conditional on supervision
Exemptions for staff and contractors are conditional: an employee is exempt from holding a licence only if they have a security clearance or are under immediate supervision of someone who does (s 29). Contractors engaged by licence holders are exempt only when under immediate supervision and either they or the supervisor holds a security clearance (s 29(2)). Firms must ensure supervision arrangements and clearance status are tracked.
Small-quantity and specialised exemptions narrow
Common uses are exempted only within strict quantity limits and contexts. For example toy fireworks are exempt up to one tonne (s 31(1)(d) and Schedule 3 definitions), and security sensitive ammonium nitrate has narrow laboratory/educational exemptions only up to 3kg for use and 20kg for transport (s 37). Using materials for unintended purposes nullifies exemptions (s 31(3)).
Notification timing and method
Importers must notify the regulatory authority no later than five business days before importation and again on each occasion (s 69(2)). Exporters have a similar 5 business day notification rule (s 71). Serious incidents must be notified immediately and by approved electronic communication or by telephone as requested (s 82(3)). Late, incomplete or incorrectly formatted notifications risk penalty exposure.
Transitional carryovers can create legacy obligations
Schedule 4 takes licences and authorised explosives from the repealed regulation into this regime, but those carryovers may impose new plan or security requirements or require registration changes by specified dates. Practitioners must check transitional timelines and follow-up obligations carefully (Schedule 4).
Fee indexation and restoration fees
Restoration fees are specified in Schedule 4A in fee units with a defined indexation formula and rounding rules (Schedule 4A Part 2). The fee unit is $100 for 2024-25 and indexed thereafter (Schedule 4A cl 2). Fee rounding rules and the possibility of refunds or waivers by the regulator create financial management tasks (s 95, Schedule 4A).
These gotchas point to the importance of rigorous administrative systems, up-to-date copies of referenced technical codes, careful supervision arrangements, route and logistics planning, and disciplined recordkeeping to meet production, notification and evidentiary obligations.
How to comply
A practical compliance pathway organised by function and the regulation’s requirements, with references to the relevant provisions, will assist practitioners, compliance professionals and operators.
Licensing and security clearances
Determine whether the activity requires a licence under s 11 and which Schedule 1 licence type matches the activity (Schedule 1). Apply under the Licensing and Registration (Uniform Procedures) Act 2002 as applied by the Act (note to Part 3).
Ensure each person handling explosives holds a current security clearance unless a specific exemption applies (s 10). For corporate licence holders, nominate at least one responsible person, provide that person’s security clearance and evidence of relevant competence and management involvement, and notify the regulator within 30 days of any change (ss 24-25).
Security and safety planning
Prepare security plans in the regulator-approved form, explicitly covering the elements listed in s 26: risk identification, processes for secure storage and authorised access, identification processes for receivers, and recordkeeping enabling inspector assessment.
Prepare safety management plans in approved form detailing handling proposals and safety risk assessments as required by s 27.
Licence holders should keep their plans updated, implement the specified processes, and ensure staff and neighbouring premises are aware of emergency plans where thresholds in s 42 apply.
Storage and handling
Store explosives only in secure magazines and precursors in secure stores as defined in Schedule 5, and ensure a licence authorises storage at the premises (ss 40-41, Schedule 5).
Ensure direct supervision by an individual holding a security clearance for any explosives or precursors removed from storage until they are used or returned (s 43).
For quantities exceeding thresholds, maintain and review emergency management plans and consult the Commissioner of Fire and Rescue NSW or the Rural Fire Service as required (s 42).
Transport and logistics
Ensure transport by vehicle complies with Australian Explosives Code load limits and placarding requirements (s 47). Check for prohibited areas and regulated bridges under s 49 and seek regulatory approval where necessary.
Abide by the Newell Highway eastern area rule for controlled explosives over 10 tonnes and use approved routes or obtain written authorisation (s 50).
For transport by vehicle, ensure drivers are aged at least 21, have sufficient training and experience and have required medical clearances within the timing in s 54.
For temporary holding in vehicles or in rail yards, adhere to the time limits in ss 44-45 and offload to secure magazines where required.
Supply chain and documentation
Authorised suppliers must verify identity and authority of receivers before supplying (s 65), give notice and confirmation for consignments (s 65(3)), and maintain records including date, type and quantity, receiver identity and licencing status (s 66). Retain records for at least five years and be prepared to produce them within seven days on direction from an inspector or police officer (s 67).
Package and mark explosives and precursors in accordance with the Australian Explosives Code and ADG Code prior to supply or transport (ss 62-64). Note exceptions in s 62(2) for blasting explosives made at premises for immediate use, and in s 64(3) for imported materials being transported to licenced packaging locations.
Incident management and notification
Implement reporting protocols so a responsible notifier immediately notifies the regulatory authority, police and mining workplace regulator as applicable of theft, attempted theft, suspicious incidents or loss (s 81).
For serious incidents, establish procedures to notify the regulatory authority or mining workplace regulator immediately and by the approved electronic method or telephone with full particulars (s 82). Ensure site preservation plans that honour the 36 hour non-interference rule unless life-saving, police investigation or inspector-authorised exceptions apply (s 83).
Keep insurance and contractual arrangements aligned with notification obligations and possible site preservation needs.
Operational compliance with standards
Obtain and maintain copies of AS 2187, the Australian Explosives Code, AS 4326-2008 and the ADG Code and ensure operational procedures conform to them (s 55-56). Document training, competency, supervision and compliance checks to evidence adherence.
Corporate governance and responsible persons
Nominate responsible persons and ensure they are available to advise on handling and to liaise with the regulator (s 24). Provide evidence of relevant knowledge, experience and consent to nomination (s 25).
Ensure corporate records reflect any change in responsible persons within 30 days as required by s 24(d).
Fees and administrative compliance
Pay licence application and restoration fees and maintain awareness of fee unit indexation; restoration fees are set out in Schedule 4A Part 1 and a fee unit is $100 for 2024-25 with indexation rules in Schedule 4A Part 2.
Where financial hardship or special circumstances apply, seek waivers or reductions under s 95, documenting the grounds for relief.
Training, medicals and age checks
Maintain records that drivers and certain licence applicants have undergone required medical examinations within defined intervals (s 54, s 15 for blasting users). For fireworks single-use licences and pyrotechnician licences ensure training and fit and proper person checks as specified (ss 16, 18).
Audits and records
Implement internal audit schedules to verify compliance with the regulatory plan elements, technical code adherence, security plan access lists, and supplier recordkeeping. Retain all records for at least five years and ensure they can be produced within seven days of direction by an inspector (s 67).
Engage the regulator early
Where approvals or longer permitted periods are contemplated (for R&D under s 9(2)), engage early with the regulatory authority. Where uncertainty exists about the categorisation of materials, seek written clarification and maintain evidence of regulator interactions.
Practical checklists and templates
Use regulator-approved forms where required. Draft templates for security and safety plans that include all elements in ss 26-27, supply record templates that meet s 66 requirements, and consignment notices compliant with s 65(3).
Implement a register of authorised persons for each licence that mirrors the security plan’s access list and ensure linkage between HR clearance records and security plan lists.
By aligning administrative systems, technical compliance, transport logistics, documentation practices and incident response protocols to the specific statutory provisions referenced above, operators can materially reduce enforcement and operational risk.
Section 5Persons to cooperate to discharge duties—the Act, s 36
The register of explosives must, on and from 1 July 2025, be published on the regulatory authority’s website.
7 Notice of cancellation of registration—the Act, s 9F(2)(a)
7 Notice of cancellation of registration—the Act, s 9F(2)(a)
7 Notice of cancellation of registration—the Act, s 9F(2)(a)
Notice of the cancellation of the registration of an explosive must be published on the website of the regulatory authority for a minimum of 12 months.
8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)
8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)
8 Unauthorised explosives not to be handled—the Act, s 36(2)(iab)
(1) A person must not handle an explosive that is not an authorised explosive.
Maximum penalty—250 penalty units.
(2) A person must not falsely represent an explosive as being a authorised explosive.
Maximum penalty—250 penalty units.
9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)
9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)
9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)
(1) A person must not use, modify, or attempt to use or modify, an explosive to produce an explosive effect for which the explosive was not designed.
Maximum penalty—350 penalty units.
(2) A person who handles, uses or modifies an explosive does not commit an offence under this section or section 8 if the person—
(a) is authorised to handle the explosive by a licence to manufacture, and
(b) handles, uses or modifies the explosive—
(i) during a research and development project during the permitted period of the project, and
(ii) in accordance with the requirements applying under hazard division 1.1, and approved by the regulatory authority for the project, and
(c) intends to apply for authorisation for the new or modified explosive resulting from the research and development project.
(3) Subsection (2) does not apply to explosives that are goods too dangerous to be transported, within the meaning of the ADG Code or the Australian Explosives Code.
(4) To avoid doubt, a person who develops or modifies an explosive in accordance with this section—
(a) may handle a new or modified explosive resulting from the research and development project, and
(b) must not supply the new or modified explosive to another person.
(5) In this section—
permitted period, for a research and development project, means—
(a) a period of 6 months, or
(b) a longer period approved by the regulatory authority for the project.
research and development project means a project carried out for the purpose of testing and developing an explosive that is a new explosive, or a modified version of an existing explosive.
Part 3 Security clearances and licences
Part 3 Security clearances and licences
Part 3 Security clearances and licences
Note—
The Act, section 12 applies the Licensing and Registration (Uniform Procedures) Act 2002, Part 2, except section 10, to an application for a licence.
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
10 Circumstances in which security clearance must be held—the Act, s 6A
10 Circumstances in which security clearance must be held—the Act, s 6A
10 Circumstances in which security clearance must be held—the Act, s 6A
An individual who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a security clearance that is in force.
11 Circumstances in which licence must be held—the Act, s 6
11 Circumstances in which licence must be held—the Act, s 6
11 Circumstances in which licence must be held—the Act, s 6
A person who handles explosives or explosive precursors must, unless exempted under the Act or this regulation, Part 4, hold a licence authorising the person to handle the explosives or explosive precursors.
12 Explosives and explosive precursors covered by licence—the Act, s 6
12 Explosives and explosive precursors covered by licence—the Act, s 6
12 Explosives and explosive precursors covered by licence—the Act, s 6
(1) A licence authorises the handling of the explosives or explosive precursors specified in the licence.
(2) If the licence specifies the maximum quantity of an explosive or explosive precursor that may be handled under the licence, a person acting under the authority of the licence must not handle more than the specified maximum quantity.
Maximum penalty—250 penalty units.
13 Premises covered by licence—the Act, s 6
13 Premises covered by licence—the Act, s 6
13 Premises covered by licence—the Act, s 6
A licence expressed to apply to specific premises authorises the handling of explosives or explosive precursors only at, or in connection with, the specified premises.
14 Activities permitted by licence—the Act, s19
14 Activities permitted by licence—the Act, s19
14 Activities permitted by licence—the Act, s19
The activities that may be authorised to be carried out under each type of licence are the activities specified in Schedule 1 for the type of licence.
Division 2 Additional eligibility requirements for specific licences—the Act, s 16AC
Division 2 Additional eligibility requirements for specific licences—the Act, s 16AC
Division 2 Additional eligibility requirements for specific licences—the Act, s 16AC
15 Blasting explosives user’s licence
15 Blasting explosives user’s licence
15 Blasting explosives user’s licence
(1) An applicant for a blasting explosives user’s licence must—
(a) be an individual, and
(b) have the qualifications and have passed the examinations and practical tests the regulatory authority considers to be necessary for the applicant to safely undertake the work for which the licence is required, and
(c) have been examined by a medical practitioner and certified to not have a medical of physical condition that impairs the applicant’s ability to safely undertake the work for which the licence is required.
(2) A medical examination for subsection (1)(c) must occur—
(a) within 6 months before the applicant first applies for a licence, and
(b) at least once every 5 years after the previous examination.
16 Fireworks, single use, licence
16 Fireworks, single use, licence
16 Fireworks, single use, licence
An applicant for a fireworks, single use, licence must—
(a) be an individual, and
(b) have completed training, or otherwise demonstrated competence in the use of display fireworks, that the regulatory authority considers to be satisfactory for the applicant to safely use the fireworks, and
(c) be a fit and proper person.
17 Licence to use security sensitive dangerous substances
17 Licence to use security sensitive dangerous substances
17 Licence to use security sensitive dangerous substances
(1) An applicant for a licence to use security sensitive dangerous substances must satisfy the regulatory authority that the applicant intends to use security sensitive dangerous substances for legitimate purposes.
(2) Legitimate purposes for the use of security sensitive ammonium nitrate include the following—
(a) commercial production processes, including production of fertiliser or explosives,
(b) mining, quarrying and agricultural blasting,
(c) construction,
(d) civil engineering,
(e) seismic work,
(f) tunnelling,
(g) commercial agricultural use by primary producers,
(h) education, research or analysis.
(3) The following are not legitimate purposes for the use of security sensitive ammonium nitrate—
(a) household domestic use,
(b) use as a fertiliser on recreation facilities including on parks, golf courses and sports fields.
18 Pyrotechnician’s licence
18 Pyrotechnician’s licence
18 Pyrotechnician’s licence
An applicant for a pyrotechnician’s licence must—
(a) be an individual, and
(b) have completed training, or otherwise demonstrated competence in the use of display fireworks, that the regulatory authority considers to be satisfactory for the applicant to safely use the fireworks.
Division 3 Suspension and cancellation
Division 3 Suspension and cancellation
Division 3 Suspension and cancellation
19 Suspension generally—the Act, ss 19 and 19A
19 Suspension generally—the Act, ss 19 and 19A
19 Suspension generally—the Act, ss 19 and 19A
Suspension of a security clearance or a licence takes effect on—
(a) the day the regulatory authority gives written notice of the suspension to the holder of the security clearance or licence, or
(b) the later date specified in the notice.
20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)
20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)
20 Additional grounds to suspend or cancel security clearance or licence—the Act, ss 20(1)(b) and 21(c)
The regulatory authority may suspend or cancel a security clearance or licence if the holder of the security clearance or licence becomes a person who is no longer eligible to be granted the security clearance or licence.
21 Suspension while investigating cancellation—the Act, ss 19 and 19A
21 Suspension while investigating cancellation—the Act, ss 19 and 19A
21 Suspension while investigating cancellation—the Act, ss 19 and 19A
(1) The regulatory authority may suspend a security clearance or a licence while conducting an investigation to determine if the security clearance or the licence should be cancelled.
(2) Suspension under this section—
(a) applies for the period, not longer than 28 days, specified in the notice under section 19, and
(b) may be renewed one or more times by written notice given to the holder of the security clearance or licence.
22 Cancellation—the Act, ss 19 and 19A
22 Cancellation—the Act, ss 19 and 19A
22 Cancellation—the Act, ss 19 and 19A
(1) Cancellation of a security clearance or a licence takes effect on the day the regulatory authority gives written notice of the cancellation to the holder of the security clearance or licence or a later date specified in the notice.
(2) The regulatory authority may direct the holder of a cancelled licence or security clearance to return the licence document or security clearance document to the regulatory authority within a specified period.
(3) A person must not, without reasonable excuse, fail to comply with a direction given under subsection (2).
Maximum penalty—100 penalty units.
23 Notification of suspension or cancellation of security clearance—the Act, s 23A
23 Notification of suspension or cancellation of security clearance—the Act, s 23A
23 Notification of suspension or cancellation of security clearance—the Act, s 23A
(1) If the regulatory authority suspends or cancels a security clearance, the regulatory authority must, if practicable, notify the supervising licence holder for the security clearance of the cancellation or suspension.
(2) Notice under this section must be given—
(a) in writing, and
(b) within 7 days after the suspension or cancellation.
(3) In this section—
supervising licence holder, for a security clearance, means a licence holder who employs or engages the person whose security clearance has been suspended or cancelled.
Division 4 Miscellaneous
Division 4 Miscellaneous
Division 4 Miscellaneous
24 Conditions of licence granted to a corporation—the Act, s 16AF
24 Conditions of licence granted to a corporation—the Act, s 16AF
24 Conditions of licence granted to a corporation—the Act, s 16AF
A licence granted to a corporation is subject to the following conditions—
(a) there must at all times be at least 1 responsible person for the corporation,
(b) a responsible person must be reasonably available to assist and advise persons handling explosives or explosive precursors under the licence,
(c) a responsible person must be reasonably available to assist the regulator with any inquiries relating to the handling of explosives or explosive precursors under the licence,
(d) within 30 days after a responsible person nominated for the corporation ceases to be involved in the management of the corporation, the corporation must notify the regulatory authority of that matter.
25 Nomination of responsible person
25 Nomination of responsible person
25 Nomination of responsible person
For the Act, definition of responsible person, the nomination of a person as a responsible person must include the following—
(a) a copy of the person’s security clearance,
(b) evidence, satisfactory to the regulatory authority, that the person has the relevant knowledge, experience and qualifications to supervise the activities authorised by the licence,
(c) evidence the person is involved in the management of the corporation,
(d) evidence the person consents to the nomination.
26 Security plan—the Act, s 16AA
26 Security plan—the Act, s 16AA
26 Securit
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