Division 638 Licensee to remain at all times eligible to be granted a licence
It is a condition of each licence that the licensee must at all times remain a person who, if applying for that licence for the first time, would be eligible to be granted that licence by the regulatory authority.Note. This clause provides that the licensee is in breach of a licence condition if circumstances relating to the licensee change in such a respect that the licensee would not be granted a licence if applying for the first time (for example, if a qualification were revoked or the person ceased to be able to satisfy the regulatory authority that they were a fit and proper person to hold a licence or otherwise of good character). Breach of any condition may lead to suspension or cancellation of the licence under sections 20 and 21 of the Act.
39 Loss or theft of explosives or explosive precursors to be reported
(1) It is a condition of each licence that if any explosive or explosive precursor in the possession, custody or control of the licensee is lost or stolen or is the subject of an attempted theft or any other suspicious incident that threatens the security of the explosive or explosive precursor, the licensee must immediately notify the regulatory authority and a police officer of the loss, theft or incident.(2) If the explosive or explosive precursor concerned was located at a coal workplace or a mining workplace, the licensee must also immediately notify the WorkCover Authority in addition to notifying the Director-General of the Department of Industry and Investment (being the regulatory authority in relation to coal workplaces and mining workplaces).
It is a condition of each licence to manufacture that the explosives or explosive precursors concerned must be manufactured, or disposed of, only in or on:(a) the premises specified in the licence, or(b) a mobile processing unit to which the licence relates,
41 Notification of importation of explosives or explosive precursors
(1) It is a condition of each licence to import that the licensee must give the regulatory authority notice, in accordance with this clause, and pay the notification fee fixed by the regulatory authority, on each occasion of the licensee’s intention to import explosives or explosive precursors.(2) The notice must be given no later than 5 business days before the day on which the explosives or explosive precursors are intended to arrive in the State.(3) The notice must include the following information:(a) the name and licence number of the licensee,(b) the intended date of import of the explosives or explosive precursors,(c) the identity of the vessel or aircraft in which the explosives or explosive precursors are to be imported,(d) the port, facility or airport where the explosives or explosive precursors are to be received,(e) the name of, and the classification assigned to, the explosives or explosive precursors,(f) details of the kind and quantity of explosives or explosive precursors to be imported,(g) the name of the consignee (if not the licensee) and the consignor of the explosives or explosive precursors,(h) the address of the place where the explosives or explosive precursors are to be stored in the State.(4) If the licensee becomes aware that any of the information given in such a notice is no longer accurate, it is a condition of the licence that the licensee must give the regulatory authority notice of the relevant change of information.(5) The importer, the importer’s agent and the consignee of the explosives or explosive precursors referred to in the notice must not transport the explosives or explosive precursors, or cause or permit the explosives or explosive precursors to be transported from the port, facility or airport where they were received to premises specified in a licence for the storage or handling of explosives unless the regulatory authority has given notice (either written or electronic) that the explosives or explosive precursors may be transported to those premises.Maximum penalty (subclause (5)): 250 penalty units.
(6) A notice under this clause may be given in writing or electronically.
42 Notification of export of explosives or explosive precursors
(1) It is a condition of each licence to supply that the licensee must give the regulatory authority notice, in accordance with this clause, on each occasion of the licensee’s intention to export explosives or explosive precursors.(2) The notice must be given no later than 5 business days before the day on which the explosives or explosive precursors are intended to be exported from the State.(3) The notice must include the following information:(a) the name and licence number of the licensee,(b) the intended date of export of the explosives or explosive precursors,(c) the port, facility or airport from where the explosives or explosive precursors are to be exported,(d) the name of, and classification assigned to, the explosives or explosive precursors,(e) details of the kind and quantity of explosives or explosive precursors to be exported,(f) the name of the consignee and the consignor (if not the licensee) of the explosives or explosive precursors.(4) If the licensee becomes aware that any of the information given in such a notice is no longer accurate, it is a condition of the licence that the licensee must give the regulatory authority notice of the relevant change of information.(5) A notice under this clause may be given in writing or electronically.
43 Licensed suppliers to supply only to authorised persons
(1) It is a condition of each licence to supply that each person authorised under the licence (the authorised supplier) must not supply explosives or explosive precursors to another person (the receiver) unless the receiver produces to the authorised supplier:(a) proof of identity of the receiver (such as a passport or a motor vehicle driver licence issued in Australia that displays a photograph of the person), and(b) evidence that:(i) the receiver is authorised by a licence under the Act (other than an unsupervised handling licence) or otherwise authorised under a corresponding law to possess the explosives or explosive precursors, or(ii) the receiver is not required to be authorised by a licence to possess the explosives or explosives precursors (for example, by virtue of clause 59), or(iii) the explosives or explosive precursors are to be supplied to the receiver outside Australia.(2) It is a condition of each licence to supply that the licensee must keep a record, in accordance with this clause, of each supply of explosives or explosive precursors.(3) The record must include the following information:(a) the date of supply,(b) the name, address and telephone number of the person to whom the explosive or explosive precursor is supplied,(c) details of the licence produced to the supplier or the receiver’s authority under a corresponding law to possess the explosives or explosive precursors (if required),(d) the name, address and telephone number of the licensee in whose premises the explosives or explosive precursors are to be stored,(e) the kind and quantity of the explosives or explosive precursors supplied.(4) The licensee must, whether or not the licence continues in force, keep for at least 5 years after each supply the record made in relation to a particular supply of an explosive or explosive precursor.Maximum penalty: 100 penalty units.
(5) The licensee must make all supply records made under this clause available for examination at the direction of an inspector or police officer. The records must be made available as soon as is reasonably practicable but no later than 7 days after the direction is given.Maximum penalty: 100 penalty units.
(1) It is a condition of each licence to supply that the licensee must not:(a) display for sale any explosive on any shelf or counter or in any window or other place that is visible to the public, or(b) sell any explosive:(i) on a road or a road related area, or(ii) at a market, fair or agricultural or other show, or(iii) in any other public place.(2) Subclause (1) does not apply to the following:(a) power device cartridges,(b) distress signals,(c) ammunition (but only if the licensee is a licensed firearms dealer under the Firearms Act 1996),(d) life-saving appliances, including air bag inflators and seat beat pretensioners,(e) toy fireworks.
45 Consignment of explosives and explosive precursors
It is a condition of each licence under the Act that the licensee must not send or cause to be sent to any other person (in this clause referred to as the consignee) a consignment of explosives or explosive precursors unless:(a) the licensee is satisfied that the consignee is authorised under the Act to possess the explosives or explosive precursors, and(b) the licensee has given to the consignee a notice of his or her intention to send the consignment and has set out in the notice the description and quantity of the explosives or explosive precursors proposed to be sent, and(c) licensee has been informed by the consignee that the consignee will be prepared to receive the explosives or explosive precursors on a specified day or within a specified period, and(d) the explosives or explosive precursors are sent at such a time and by such means that in the ordinary course of transport the consignee will receive them on the specified day or within the specified period.
46 Licence to transport by vehicle
It is a condition of each licence to transport by vehicle that the licensee must transport explosives and explosive precursors in accordance with:(a) in relation to explosives—the applicable requirements of the Australian Explosives Code, and(b) in relation to explosive precursors—the applicable requirements of the ADG Code.
47 Blasting explosives user’s licence
It is a condition of each blasting explosives user’s licence that the licensee must ensure that any security sensitive dangerous substances possessed by the licensee are stored in a safe and secure manner.
(1) It is a condition of each pyrotechnician’s licence, that the licensee notify the following authorities, by the time specified in relation to the authority concerned, of an intention to use any fireworks, distress signal or model rocket propellant device:(a) the regulatory authority—at least 7 working days before the fireworks, signal or device is to be used,(b) the relevant local council—at least 7 working days before the fireworks, signal or device is to be used,(c) Local Area Commander of Police—at least 2 working days before the fireworks, signal or device is to be used,(d) NSW Fire Brigades or the NSW Rural Fire Service, whichever is appropriate—at least 2 working days before the fireworks, signal or device is to be used.Note. The local council, Police and Fire Brigades may have other specific controls in place relating to firework displays.(2) It is a condition of each pyrotechnician’s licence, that if the licensee is not authorised to store any fireworks, distress signals or model rocket propellant devices under the licence, the licensee must not posses a quantity of fireworks, signals or devices greater than the quantity necessary for use at an event that has been notified to the regulatory authority under subclause (1) (a).
49 Fireworks (single use) licence
It is a condition of each fireworks (single use) licence, that the licensee notify the following authorities, by the time specified in relation to the authority concerned, of an intention to use any fireworks, distress signal or model rocket propellant device:(a) the regulatory authority—at least 7 working days before the fireworks, signal or device is to be used,(b) the relevant local council—at least 7 working days before the fireworks, signal or device is to be used,(c) the Local Area Commander of Police—at least 2 working days before the fireworks, signal or device is to be used,(d) NSW Fire Brigades or the NSW Rural Fire Service, whichever is appropriate—at least 2 working days before the fireworks, signal or device is to be used.Note. The local council, Police and Fire Brigades may have other specific controls in place relating to firework displays.