New South Wales Consolidated Regulations

EXPLOSIVES REGULATION 2005 - REG 66

66 Emergency plan

(1) If more than 50 kg of explosives or more than 50 tonnes of security sensitive dangerous substances, or both, are stored on premises in accordance with a licence, the licensee must ensure that a written plan for dealing with any emergency associated with the storage and handling of the explosives or security sensitive dangerous substances, or both, on those premises ( "an emergency plan") is:

(a) developed, implemented and maintained, and

(b) communicated to:

(i) persons who are engaged to work at the premises and who may be exposed to risk as a result of an emergency, and

(ii) persons in adjacent premises, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency.

(2) In developing or reviewing the emergency plan, the licensee must:

(a) provide a draft of the emergency plan to the Commissioner of the New South Wales Fire Brigades, and

(b) have regard to any written advice received from the Commissioner of the New South Wales Fire Brigades.

(3) The licensee must provide a copy of the emergency plan to:

(a) if the premises to which this clause applies are within a rural fire district within the meaning of the Rural Fires Act 1997 -the NSW Rural Fire Service, or

(b) in any other case-the Commissioner of the New South Wales Fire Brigades.

(4) The licensee must:

(a) review the emergency plan:

(i) if there is a change in circumstances at the premises such as to raise the possibility of an emergency of a kind that is not dealt with by the plan, and

(ii) at intervals of not more than 5 years from the date on which the plan was developed or last reviewed.

(b) communicate the revised plan to the persons specified in subclause (1) (b).

(5) This clause does not have effect until 1 September 2006. However, a person who was a licensee immediately before 1 September 2006 must develop the emergency plan before, and ensure that it is implemented on, that date.

Maximum penalty: 250 penalty units.