Overview

Substances are regulated in the ACT as ‘dangerous substances’ under the Dangerous Substances Act 2004 (the Act) for security reasons if they are designed to produce an explosive effect (explosives) or are a key component in the manufacture of explosive products (security sensitive substances).

To carry out work which involves handling an explosive, including bringing it into the ACT for any purpose, a person must hold the appropriate licence or handling authority under the Dangerous Substances (Explosives) Regulation 2004 (the Explosives Regulation).

To carry out work which involves handling a security sensitive substance, including bringing it into the ACT for any purpose, a person must hold the appropriate licence or handling authority under the Dangerous Substances (General) Regulation 2004 (the General Regulation).

A full list of the activities which constitute ‘handling’ an explosive or security sensitive substance is set out in Section 11 of the Act.

The Act and the Regulations operate together with Part 7.1 of the Work Health and Safety Regulation 2011 which regulates these substances as ‘hazardous chemicals’ on the basis of the risks to health and safety arising from their physical properties or health effects. Other types of hazardous chemicals include gases under pressure, flammable liquids, toxic chemicals and corrosive chemicals.

For more information about the requirements contained in Part 7.1 of the Work Health and Safety Regulation 2011, refer to the Hazardous chemicals page.

Registration of premises storing dangerous substances

There is no longer a requirement for biennial registration of premises for the storage of dangerous substances in the ACT.

However, if substances being used, handled or stored at an ACT workplace are hazardous chemicals, the person conducting the business or undertaking (PCBU) may need to make a notification to WorkSafe ACT under the Work Health and Safety Regulation 2011.

These changes do not affect the licensing requirements for the storage of explosives or security sensitive substances.

For more information about the requirements applying to hazardous chemicals, refer to the Hazardous chemicals page.

Dangerous substances records searches

WorkSafe ACT has stopped providing dangerous substances records searches following the repeal of Chapter 2 of the General Regulation.

Notifications made by a PCBU under the Work Health and Safety Regulation 2011 in relation to hazardous chemicals at the workplace are not public records.

Authorised explosives

Substances which are regulated under the Act and the Explosives Regulation as explosives must be authorised for use under the Act before they can be brought into the ACT.

This includes fireworks other than those which meet the description of ‘general use fireworks’ in Table 259 of the Explosives Regulation (such as party poppers, bon bon snaps and sparklers).

Once a firework or other explosive product has been authorised, it may be brought into the ACT by any person who holds the appropriate licence or handling authority under the Explosives Regulation, as an authorisation covers all products of the type described in the authorisation.

For information about applying for authorisation of fireworks products or obtaining a list of fireworks products which have been authorised for use in the ACT, refer to the Fireworks permits page.

For information about applying for authorisation of other explosives such as those used in blasting operations, contact the Dangerous Goods and Hazarous Chemicals Unit of WorkSafe ACT on 13 22 81 or (02) 6207 3000 or by e-mail at DangerousSubstances@worksafe.act.gov.au.

Black powder

Black powder is regulated under the Act and the Explosives Regulation as an explosive because it is designed to produce an explosive effect – this includes black powder intended for use in manufacturing ammunition for firearms.

The Act and the Explosives Regulation apply to the handling of black powder during the manufacturing process but not to the subsequent storage or supply of the ammunition.

The storage and supply of ammunition for firearms is regulated under the Firearms Act 1996 by ACT Policing. For more information, refer to the Firearms page on the ACT Policing website.

Signalling flares

Signalling flares, including marine distress flares, are regulated under the Act and the Explosives Regulation as explosives because they contain a substance designed to produce an explosive effect.

The Explosives Regulation allows a person to purchase and store a small quantity of signalling flares for emergency use without obtaining a licence – the quantity limits depend on the classification of the signalling flares and are set out in Section 124 of the Explosives Regulation.

Signalling flares must be purchased from a supplier who is licensed under the Explosives Regulation, and the supplier must keep records of the sale which includes the name, address and telephone number of the purchaser.

The supplier must hold an import licence to bring the flares into the ACT, a supply licence to sell the flares in the ACT, and a storage licence for each store where the signalling flares will be sold.

Interstate licence holders

A person who holds an interstate licence allowing them to handle explosives should refer to the Dangerous Substances (Explosives) Regulation 2004 to determine whether they will need to obtain a separate ACT licence if they want to carry out the same type of work in the ACT.

A person who holds an interstate licence allowing them to handle security sensitive substances should refer to the Dangerous Substances (General) Regulation 2004 to determine whether they will need to obtain a separate ACT licence if they want to carry out the same type of work in the ACT.

An interstate licence can be presented as evidence of knowledge and experience in support of an application for a separate ACT licence, but does not replace any security clearance that is needed to show that the applicant is a suitable person to hold an ACT licence under Section 49 of the Act.

A licence which allows a person to carry on the occupation of a display operator or a shot-firer does not replace a fireworks display permit needed to conduct fireworks displays in the ACT or a blasting permit needed to conduct blasting operations in the ACT.