Explosives Act 1999
An Act to regulate the handling of and access to explosives, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Explosives Act 1999.
2 Commencement
This Act commences on a day to be fixed by proclamation.
2A Purpose of Act
(1)The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment.(2)The purpose is achieved primarily by—(a)enabling explosives to be declared as authorised explosives or prohibited explosives; and(b)requiring an authority for the handling of explosives; and(c)ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and(d)ensuring explosives are accessed only by persons—(i)who hold a security clearance; or(ii)who are under the direct supervision of a person who holds a security clearance; and(e)imposing a duty of care and other obligations on persons who handle explosives; and(f)enabling investigations and inquiries to be carried out for explosives incidents.
3 Definitions—the dictionary
The dictionary in schedule 2 defines particular words used in this Act.
4 Act binds all persons
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
4A Application of Act to coastal waters of the State
This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.
5 Act does not apply to some explosives
This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies.
6 Act’s effect on other Acts
(1)If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency.(2)In subsection (1)—Act about mining means—(a)the Coal Mining Safety and Health Act 1999; or(b)the Mining and Quarrying Safety and Health Act 1999.
7 Exemptions
(1)A regulation may exempt an explosive from this Act or any of its provisions.(2)A regulation may also exempt any of the following from this Act or any of its provisions—(a)a government entity;(b)a Commonwealth entity.(3)An exemption may be given on stated conditions.(4)If an exemption is given on conditions, the exemption operates only if the conditions are complied with.
Part 2 Authorised and prohibited explosives
8 Authorised explosives
(1)The chief inspector may declare an explosive to be an authorised explosive for this Act.(2)Before making a declaration under subsection (1), the chief inspector must—(a)define the composition, quality and character of the explosive; and(b)classify the explosive in a way prescribed under a regulation.(3)If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive.