Explosives Act 2003

This Act is the Explosives Act 2003.

This Act commences on a day or days to be appointed by proclamation.

The dictionary in Schedule 3 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

SafeWork NSW (as referred to in clause 1 of Schedule 2 to the Work Health and Safety Act 2011) is the regulatory authority for the purposes of this Act, except as provided by this section.

A public authority is the regulatory authority for a matter for which it is declared to be the regulatory authority by the regulations (subject to such conditions or limitations as are specified in the regulations).

A person supplies an explosive or explosive precursor by—

transferring ownership of the explosive or explosive precursor to another person, whether by sale, gift or otherwise, or

transferring possession of the explosive or explosive precursor to another person, or

providing another person with the means to take possession of the explosive or explosive precursor, or

offering or negotiating to supply the explosive or explosive precursor, or

receiving the explosive or explosive precursor for supply, or

having the explosive or explosive precursor in the person’s possession for supply, or

exposing or exhibiting the explosive or explosive precursor for supply, or

consigning or delivering the explosive or explosive precursor for supply, or

arranging for or allowing another person to supply the explosive or explosive precursor.

Subsection (1)(b) and (c) do not apply to persons acting under the authority of the same licence.

To the extent to which it is regulated by the Dangerous Goods (Road and Rail Transport) Act 2008 or any regulations made under that Act, this Act does not apply to—

the transport of dangerous goods (within the meaning of that Act) by road or rail, or

any associated activity or matter.

A person must not handle an explosive or explosive precursor if—

this Act or the regulations require the handling to be authorised by a licence under this Act, and

the person is not authorised to do so by a licence under this Act.

Maximum penalty—

in the case of a corporation—700 penalty units, or

in the case of an individual—350 penalty units or imprisonment for 12 months, or both.

Note.

An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 33.

Without limiting subsection (1) (a), the regulations may require licensing by reference to the following—

the class or type of explosive or explosive precursor,

the kind of handling of the explosive or explosive precursor,

the circumstances of the handling of the explosive or explosive precursor.

A natural person must not handle any explosive or explosive precursor if—

this Act or the regulations require the person to hold a security clearance that is in force when handling the explosive or explosive precursor, and

the person does not hold a security clearance to handle the explosive or explosive precursor concerned.

Maximum penalty—350 penalty units.

A person transporting an explosive must at all times take all precautions that are necessary to prevent access to the explosive by persons not lawfully entitled to have access to the explosive.

Maximum penalty—

in the case of a corporation—700 penalty units, or

in the case of an individual—350 penalty units.

A person must not negligently handle any explosives in such a manner or in such circumstances as—

to endanger or be likely to endanger the life of any person, or

to cause or be likely to cause injury to any person, or

to damage or be likely to cause damage to any property belonging to any other person.

Maximum penalty—

in the case of a corporation—700 penalty units, or

in the case of an individual—350 penalty units or imprisonment for 12 months, or both.

A person is not guilty of an offence under subsection (1) (c) if the person satisfies the court that the owner of the property concerned had consented to its damage.

Subject to subsection (2), a person must not supply an explosive to a person who is under the age of 18 years (a minor).

Maximum penalty—70 penalty units.

A person is not guilty of an offence under this section if the person satisfies the court that—

the person believed on reasonable grounds that the minor concerned had attained the age of 18 years, or

the minor concerned purchased or otherwise received the explosive in the course of the minor’s employment.

A person may apply to the regulatory authority for the authorisation of an explosive.

An application must be—

made in the approved form, and

accompanied by—

the documents specified in the approved form, and

the application fee determined by the regulatory authority.

The applicant must, if asked by the regulatory authority, give the regulatory authority—

additional information the regulatory authority reasonably requires to determine the application, and

1 or more samples of the explosive for testing.

A sample of an explosive given to the regulatory authority under subsection (3)(b) must be given at no cost to the regulatory authority.