The Explosives Act 2024 modernises and streamlines the state’s explosives legislation and creates consistency with other Australian jurisdictions.

The 2024 Act provides a new licensing framework for explosives which is more streamlined and consistent with national licensing frameworks.

It will replace the Explosives Act 1936, which has long been considered by industry to be out of touch with contemporary standards and practices and inconsistent with other jurisdictions.

The new Act passed parliament in September and will come into operation in mid-2026.

This will allow time for supporting regulations and a new licensing system to be developed.

In South Australia, the explosives industry impacts a wide variety of industries including transport, mining, agriculture, manufacturing, demolition, entertainment, pyrotechnics, rocketry and policing.

The new legislation balances the promotion of business interests, while continuing to maintain the safety and security of the South Australian public. It creates further opportunity for bespoke licensing arrangements tailored to better fit with industry.

The key changes in the Act include:

*           improved clarity around the definition of explosives

*           establishment of a licensing framework including the improved capability for issuing of bespoke licence conditions and the use of digital capability to assist in the administration

*           increased penalties for breaches of the Act

*           an improved notifications process which provides information to explosive regulators about activities, events or incidents

*           an authorisation process which better accommodates jurisdictional consistency and the removal of duplicate processes.

SafeWork SA will consult and collaborate with stakeholders about the regulations in 2025.

Licensing is the key regulatory control of explosives. There are currently about 2800 explosives licences issued in South Australia.

Under the new legislation, a person must be licensed to carry out any activity involving an explosive.

A person must be security cleared before they can apply for a licence and submit safety, security and emergency plans as part of their licence application.

The new laws will require the Regulator to consider an individual’s offence history when deciding on their suitability for dealing with explosives.

The new framework will contain licences to authorise activities (an activity licence), and licences to authorise a person to engage in an occupation involving explosives (an occupational licence).

Activity licences include licences to manufacture, import, export, supply, store, transport, or use explosives. Occupational licences include for fireworks contractors and operators, and for explosive drivers and blasting.

The term of the licences is expected to be offered for 3-5 years. Currently, most licences are for a term of 12 months, with some available for a term up to 3 years.

Penalties for breaches of the new Act have been increased to align it with other legislation and reflect the severity of potential harm resulting from a breach.

The maximum penalty for a category 1 breach under the new legislation is a $300,000 fine and or 5 years’ imprisonment for an individual or a $3 million fine for a body corporate.

A category 1 offence involves the contravention of a safety duty, security duty or the regulations resulting in the death of or harm to a person, property or the environment.

The new legislation follows widespread consultation incorporating the views of a range of industries, government agencies and other key stakeholders, including the Australasian Explosives Industry and Safety Group and South Australian Police.

Attribute quotes to SafeWork SA Executive Director Glenn Farrell:

Penalties contained in the new legislation are higher, and in some cases substantially higher, than in the current Act.

The penalties are consistent with other legislation and reflect the potential for catastrophic harm to people, property, and the environment should the duties be breached.

It is expected that a streamlined nationally consistent licensing framework and application process will positively impact licence holders and applicants.