Commercial transport of explosives not requiring an explosives transport licence

Explosives that do not present a significant safety or security risk to the community do not require an explosives transport licence (ETL). This can be a function of the type of explosive (e.g. sparklers, cartridges for nail guns) and/or the quantity transported.

This list of explosives is a balance between community expectations and the hazard the explosives pose. Otherwise, a person who takes home a packet of sparklers from the supermarket, or a boat owner transporting a set of marine distress flares, would require an explosives transport licence.

No. Under current legislation both the safety and security aspects are considered when transporting explosives. Even though class 1.4 explosives do not pose a significant safety risk, some will still pose a significant security risk to the community.

For example, a box of class 1.4S detonators or a case of class 1.4S shaped charges may not present a major safety risk but they do pose a significant security risk. This is why licensing and controls are put in place when commercially transporting these products.

The prime contractor must comply with the Explosives Regulations as well as the requirements of the Australian Code for the Transport of Explosives by Road and Rail, 3rd edition (AEC3), commonly known as the Australian Explosives Code.

Additionally, a transport company must also comply with the requirements of the Firearms Act 1973 when transporting ammunition, primers, propellant powders and black powders, which are classed as ammunition as well as explosives (see Table 1).

A transport company must make application in writing to the Firearms Branch to commercially transport ammunition, primers, propellant powder or black powder.  The letter of application must be accompanied by a safety and security plan that demonstrates how the company proposes to keep these products secure.

When satisfied, the police will issue a letter. A copy of this letter should be carried by the driver when transporting these products.

In addition, a transport company will still need to comply with the requirements of the Explosives Regulations.

Generally these are:

• providing adequate security for the explosives (so that no unauthorised person can access the explosives)
• carrying a transport document for the consignment in the emergency information holder
• observing the general operational requirements in the Explosives Regulations and the AEC3 (e.g. no smoking, correct packaging, observing the loading and unloading of the vehicles, capable of dealing with emergencies).

Security provisions

The Explosives Regulations relaxes the security requirements for the types and quantities of explosives that do not require explosives transport licensing.  However, people only with a reasonable reason to be in possession of these types of explosives (other than sparklers or model rocket motors) may have them. Hence, it is necessary that unauthorised people do not obtain access.

When transporting ammunition, primers, propellant powder and/or black powders, the Firearms Branch requires that adequate security (e.g. locked containers) be provided for the entire journey before they will give their approval.

Packaging and handling requirements

• Packages must be of an approved standard and correctly labelled as required by AEC3.

• All practical measures are to be taken when loading or unloading explosives from a vehicle that the packages are not dropped, thrown or otherwise mishandled.
• No loading and unloading shall take place during thunderstorms.
• If a person is affected by either alcohol or a drug (to an extent that it increases the risk), they must not handle the explosives or be on a vehicle transporting explosives.

Driver and passenger requirements

• If an ETL is not required the driver does not need:
  • a dangerous goods security card (DGSC)
  • to be a secure nominee
  • an explosives drivers licence.

• A person affected by either alcohol or a drug (to an extent that it increases the risk), must not handle the explosives or be on a vehicle transporting explosives.
• A person must not carry or transport explosives on any road vehicle which is carrying other passengers for hire and/or reward.

Fire safety and emergency requirements

• No ignition sources (e.g. lit cigarette) or fire risk substances are to be brought so near to the explosives that it could cause the unintended initiation of the explosive.
• Transport documentation for the consignment, with all the required dangerous goods information, must be located in the ‘Information Holder’, normally located on or near the driver’s door.
• Any incident that occurs involving an explosive that may result in a dangerous situation (e.g. fire of a vehicle carrying explosives), the prime contractor must:
  • provide reasonable assistance to deal with the situation
  • notify the department
  • provide the department with a written report within 21 days of the incident.

Non-placardable amounts of explosives that do not require an ETL may be transported with non-placardable amounts of dangerous goods, if a transport company complies with the following criteria.

• The vehicle does not require placarding by virtue of the quantity of:
  • dangerous goods being transported according to the Australian Dangerous Goods Code, Edition 7.4 (ADG7.4)
  • explosives being transported according to the AEC3.
• There are no class 1.1 explosives as part of the load (e.g. black powder).
• The explosives are of compatibility groups 1.2G, 1.3G, 1.3C, 1.4G or 1.4S.
• There are no detonators as part of the load.

Yes, provided that the quantity of each explosive does not exceed the quantities as allowed in the Explosives Regulations. For example, it is possible to transport any quantity of ammunition with no more than 50 kg NEQ (net explosive quantity) of propellant powders.

An ETL is required.  Part of the process, when making application for an explosives transport licence, is preparing an explosives management plan (EMP).  The EMP describes how the transport company will keep the explosives safe and secure during transport and handling.

Drivers will require a dangerous goods security card and in most instances (other than Category 1 quantities of explosives) the driver will also require an explosives driver’s licence when transporting explosives in excess of the threshold quantities.