New South Wales Consolidated Regulations

EXPLOSIVES REGULATION 2005 - REG 15

15 Activities requiring licences

(1) The handling of an explosive or explosive precursor is required to be authorised by a licence under the Act.

Section 6 (1) of the Act provides that it is an offence for a person to handle an explosive or explosive precursor if:

(a) the regulations require the handling to be authorised by a licence under the Act, and

(b) the person is not authorised to do so by a licence under the Act.

(2) For the avoidance of doubt, if an explosive or explosive precursor is stored at a mine (whether by a mine operator or another person), the mine operator is taken to be storing the explosive or explosive precursor and is required to be authorised by a licence under the Act to do so.

Note: Mine operators and contractors may also have duties relating to explosives under the Coal Mine Health and Safety Act 2002 and the Mines Inspection Act 1901 or the Mine Health and Safety Act 2004 (whichever is in force).

The regulatory authority in relation to coal workplaces and mining workplaces is the Director-General of the Department of Primary Industries: see clause 6.

(3) Despite subclause (1), a person is not required to be authorised by a licence under the Act to handle an explosive or explosive precursor if:

(a) the person is under the direction or control of a licensee (for example, as an employee or contractor of a licensee) who is authorised by a licence to handle the explosive or explosive precursor in the manner concerned, and

(b) the person is handling the explosive or explosive precursor under that direction or control (for example, in the course of that employment or in accordance with the contract concerned), and

(c) the person is supervised in the handling of the explosive or explosive precursor by a natural person who is authorised by a licence to handle the explosive or explosive precursor in the manner concerned.

(4) Despite subclause (1), a person is not required to be authorised by a licence under the Act to handle an explosive precursor before 1 January 2006.

Note: Subclause (4) is a savings and transitional provision to allow a four month transition period before the requirement to hold a licence under the Act to handle explosive precursors (such as security sensitive ammonium nitrate) comes into force. See also clause 5 of Schedule 1 to this Regulation relating to transitional controls on the supply of security sensitive ammonium nitrate during this period.