Have your say on improving the regulatory framework for people working with explosives.
The NSW Government is remaking the Explosives Regulation 2013.
Remaking the Regulation provides the Government with an opportunity to consider public feedback on how to improve, modernise and streamline the laws, so they continue to work effectively.
The proposed Regulation retains many of the existing requirements for licence holders and explosives users. It also updates the regulatory framework and introduces changes intended to enhance safety.
These include:
- classifying desensitised explosives as explosive precursors
- new obligations for employers to be informed of suspended or cancelled security clearances and licences
- security clearance exemptions for NSW police officers
- clarifying storage requirements for firearms licence holders
- expanding the prohibition of certain loads of explosives being transported in NSW road tunnels.
Whether you’re in the explosives industry or have any other interest in these laws, we want to hear your feedback.
Changes are described in detail in the:
Thank you for your feedback
This consultation was open between 26 July 2021 and 29 August 2021.
We received 238 completed surveys and 17 written submissions.
Thank you to participants for providing your input and ideas. All feedback and submissions have been carefully considered and informed the development of the Explosives Regulation remake.
Submissions with permission to publish are now available in the ‘Submissions’ box on this page.
The repeal of the Explosives Regulation 2013 was postponed until 1 September 2024 by the Building and Other Fair Trading Legislation Amendment Bill 2022.
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Final outcomes
Final outcomes
Following the consultation, the draft Regulation underwent further development. On 1 September the Explosives Regulation 2024 (the Regulation) commenced, replacing the repealed Explosives Regulation 2013.
The Regulation implements a number of changes to modernise and improve the legislation, including consequential amendments to the structure, format and phrasing of the provisions as a result of the Explosives Amendment Act 2023.
For further information on the Amendment Act you can visit the SafeWork NSW Website.
The Regulation makes the following key amendments:
- Increasing maximum penalties for offences to ensure they remain a sufficient deterrent to non-compliance
- Increased penalty notice amounts to establish greater consistency and retain their deterrent effects
- Extending the existing restrictions on transporting explosives in road tunnels to all areas and road tunnels that are prohibited areas under the NSW Road Rules 2014; and clarifying that these restrictions apply to all loads of Hazard Division 1.1, 1.2, and 1.5 explosives
- Establishing requirements for licence holders to implement recommendations in written advice from the regulatory authority and the Commissioner of Fire and Rescue NSW when developing or reviewing an emergency management plan
- Clarifying the timeframe within which medical examination must be undertaken for certain individuals
- Exempting certain persons who are exempt from holding an explosives licence from the requirement to hold a security clearance,
- Removal of ‘reasonable excuse’ as a defence in certain circumstances
- Providing an exemption from licencing requirements for NSW Police storing explosives in police stations in a secure magazine for up to 10kg of Net Explosive Quantity, when in connection with a prosecution, or when in the public interest and prior to disposal.
Complete a survey
Remaking regulations for the NSW explosives industry
This survey is now closed.
Upload a submission
Upload a submission
Submissions are now closed.