Explosives Bill 2021

About

We want your feedback on legislative changes that will enable the modern and efficient regulation of explosives in South Australia.

What’s being decided?

We have drafted the Explosives Bill 2021 (draft Bill) to replace the current Explosives Act 1936 (the Act) and its associated regulations.

The Act’s purpose is to regulate the handling and access to explosives to protect public health and safety, property and the environment.

Since the Act’s start in 1936, there have been limited updates only. The Act currently doesn't reflect best practice and advances in technology that have significantly improved safety in the industry.

The draft Bill is designed to enable:

• a greater focus on safety and security
• a consistent and streamlined authorisation process
• a consistent and streamlined licencing framework
• clearer mutual recognition
• a nationally agreed definition of explosives
• consistency with other states and territories
• a reduction in the complexity and volume of regulations associated with the explosives legislation in South Australia.

The Bill aims to appropriately balance the promotion of business interests while continuing to maintain the safety and security of the South Australian public.

The Bill summary section will help you understand the key pieces of information about the Bill.

We are looking for your input to further inform the development of the draft Bill.

Get involved

Read the draft Explosives Bill 2021, Bill summary and consider the Key Questions.

To have your say:

• join the online discussion
• complete the online survey
• complete the feedback template and return to explosivesbillconsultation@sa.gov.au
• email your feedback to explosivesbillconsultation@sa.gov.au

We will make public any feedback received and how this has contributed to changes to the Bill. If you wish to maintain confidentiality, let us know when providing your feedback.

How can your input influence the decision?

Your input and feedback will help to inform further development of the draft Bill before it is introduced to Parliament later this year.

What are the next steps?

Once finalised, the Bill will be introduced to Parliament later this year.

SafeWork SA will publish a summary report with the feedback received during the consultation and how this has contributed to changes to the Bill.

The supporting regulations will be developed once the Bill has successfully passed through Parliament and be made available for comments and feedback in a separate consultation process.

Contact details

For general inquiries, please email us at explosivesbillconsultation@sa.gov.au

Closing date: 5pm, Friday 14 May 2021

Background

National Policy Proposals

Each jurisdiction in Australia has its own legislation and systems for the regulation of the lawful use of explosives.

To address inconsistencies between jurisdictions and realise benefits for both businesses and regulators, 4 nationally consistent policy proposals in explosives regulation have been developed. Work health and safety (WHS) Ministers gave in-principle support for these proposals in late 2018.

The Bill has been prepared in line with 4 nationally consistent policy proposals covered in the Bill summary.

These policy proposals were the result of significant national consideration driven by a 2012 decision of the Council of Australian Governments (COAG) for national consistency in explosives regulation where clear benefits could be derived.

In March 2015, work health and safety (WHS) Ministers requested Safe Work Australia to undertake the work to harmonise explosives laws in Australia. This request was made, following the WHS harmonisation process, which commenced in South Australia on 1 January 2013.

As part of this process Safe Work Australia sought public comment between July and September 2015. This identified that the explosives industry was significantly impacted by the inconsistencies in the definition of explosives, licensing arrangements, notification processes and the explosives authorisation process. The variances have formed the basis of the national policy proposals.

Businesses operating across multiple jurisdictions reported that variations in regulations have increased the demand on administrative business practices and on the ability for explosives products and workers to work across jurisdictions. This has had a detrimental impact on resourcing, staff time, productivity, cost and the ability to compete for jobs across Australia.

At a national level Safe Work Australia in its Explosives Regulation in Australia: Decision Regulation Impact Statement estimated that the current explosives regulatory environment costs businesses approximately $22.76 million per annum in administrative processes. National consistency in explosives legislation could result in an estimated saving of $13.83 million per annum for businesses across Australia.

Greater consistency in explosives legislation would result in reduced uncertainty and administrative burden for businesses, improved competition and outputs across jurisdictions and increased certainty for businesses in their compliance activities.

In October 2016, WHS Ministers agreed to a preferred option from the Explosives Regulation in Australia: Decision Regulation Impact Statement. Safe Work Australia undertook the work to develop four nationally agreed policy proposals and WHS Ministers gave in-principle support for these proposals in late 2018.

South Australia has an ideal opportunity to implement changes to the outdated legislation that is currently in place and ensure that the new proposed legislation delivers the right balance between protecting community safety and making the red tape and regulatory burden for business less challenging.

Regulations

The regulation making powers are set out in Part 8 of the Bill.

The Explosives Regulations (the Regulations) will be based on the national policy proposals and be developed once the Bill has successfully passed through Parliament.

No decision has been made at this time on whether a single set of regulations encompassing all matters will be drafted or if there will be several subject-specific sets.

Read the draft Explosives Bill 2021, Bill summary and consider the Key Questions then get involved.