New South Wales Consolidated Regulations

EXPLOSIVES REGULATION 2005 - REG 75

75 Serious incidents involving explosives

(1) In this clause, "serious incident" means:

(a) an uncontrolled explosion or fire, or

(b) an incident resulting in the death of, or serious injury to, a person or in substantial damage to property, or

(c) any other incident involving risk of an uncontrolled explosion or fire or of any such death, injury or damage.

(2) If there is a serious incident involving or related to the handling of any explosives or explosive precursors to which a licence relates, the licensee must give the regulatory authority notice of the incident and give full particulars of the incident including, if it has resulted in the death of or serious injury to a person or substantial damage to property, particulars of that death, injury or damage.

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) The notice must be given as soon as practical after the licensee becomes aware of the incident.

(4) Notice required to be given under this clause must be given in any of the following ways:

(a) by electronic communication (using a mode of electronic communication approved by the regulatory authority),

(b) by telephone to the regulatory authority, giving such information as may be requested of the caller.

(5) The licensee concerned must take measures to ensure that the following areas are not used, interfered with or disturbed after the serious incident:

(a) the area within a radius of 4 metres of the place where the serious incident occurred, and

(b) the area within a radius of 4 metres of a place affected by the serious incident.

(6) Subclause (5) does not prevent any action:

(a) to help or remove a trapped or injured person or to remove a body, or

(b) to avoid injury to a person or damage to property, or

(c) for the purposes of any police investigation, or

(d) in accordance with a direction or permission of an inspector.

(7) The requirements of subclause (5) in relation to any particular serious incident apply only for the period ending 36 hours after notice of the incident is given.

(8) Subclause (2) does not apply to a serious incident or dangerous occurrence that has been notified under the Occupational Health and Safety Regulation 2001 .

Maximum penalty: 250 penalty units.