Why is ERMA New Zealand introducing this?
The requirement for people who possess explosives to hold a controlled
substances licence is a security measure to ensure that only “fit and
proper’’ persons can legitimately possess certain classes of explosives.
It brings explosives into line with firearms, cyanide and certain other
high-risk substances in New Zealand, and is consistent with
international best practice.
What explosive substances will require a licence?
Most explosives, such as blasting explosives, detonators and
pyrotechnics, will require a licence. A list of these explosives is
given in the Authority decision.
www.ermanz.govt.nz/resources/publications/pdfs/explosives_decision.pdf
Are there any explosives that will not require a licence?
Retail fireworks, safety ammunition, emergency flares and other
signalling devices, and a number of other less hazardous items will not
require a licence. A list of these explosives is found at the foot of
this document.
Smokeless powder and small quantities (less than 15 kg) of black powder
will also not require a licence if the person has a firearms licence or
a firearms dealers licence.
Is a licence required for transporting explosives?
People who transport explosives on public roads will require a licence.
The only exception is when small quantities (less than 15 kg) of
smokeless powder or black powder are being transported, in which case no
licence is required.
For marine transport, no licence is required if the mariner holds a
maritime document and complies with the Maritime Rule for the transport
of dangerous goods. Similarly, with air transport, no licence is
required if an aviation document is held and the Civil Aviation Rule is
complied with.
How do I apply for a licence?
An application form and guide will be available on the ERMA New Zealand
website from 1 July 2009.
The application is made through a fireworks/explosives test certifier.
A list of test certifiers is at
http://www.ermanz.govt.nz/find/TestCertifierSearch.aspx. Tick the fireworks/ explosives
box before commencing your search.
You will need to provide:
• an approved handlers certificate or (in some cases for road
transportation, a D endorsed driver’s licence);
• three identity documents;
• proof that you are over 17 years of age;
• proof that the licence is required for work (which includes self
employment and voluntary work);
• a consent form for a police check;
• photographs; and
• a declaration from a trusted referee.
More information on this will be in the application form and guide.
When will I need to get my licence?
The licence requirement commences 1 July 2009, except that for existing
Approved Handler Test Certificate holders there is a staged
implementation process.
A person who holds an approved handler test certificate at 1 July 2009
does not need to get their licence until they renew their test
certificate.
A person whose test certificate expires between 1 July 2009 and 31
December 2009 does not need to have a Controlled Substances Licence
until 1 January 2010.
Note however the application process can take up to 8-10 weeks (which
includes time for a police check) so anyone applying for a licence needs
to factor this into their planning.
If you do not hold an approved handler test certificate, you will need
to have your licence by 1 July 2009.
How will this affect people who reload ammunition?
If you use smokeless powder (e.g. to reload ammunition) and you have a
firearms licence or a firearms dealers licence, you will not need a
controlled substances licence. Similarly, to possess up to 15 kg of
black powder, you will not need a controlled substance provided you have
a firearms licence (or a dealers licence).
To purchase smokeless powder or black powder you will need to show your
supplier your firearms licence.
What does the fit and proper person check involve?
A fit and proper person check includes advice from police and an
assessment of an applicant’s:
• convictions, court orders, legal action or criminal investigations in
New Zealand or overseas;
• protection orders;
• infringement notices;
• history of violence, drug or alcohol abuse; and
• membership or support of groups that advocate violence.
The nature of any issues and when these occurred are taken into account
in the assessment, along with the requirements of the Criminal Records
(Clean Slate) Act 2004.
The following explosives will not require a controlled
substances licence.
UN Number Explosive Description
UN0012, UN0014, UN0044, UN0055 Safety Ammunition, including pre-primed
cartridges and primers, of class 1.4S
UN0092, UN0195, UN0191, UN0197, UN0312, UN0373, UN0405, UN0419, UN0421
Emergency flares and signaling devices
UN0027 Gunpowder of class 1.1D in amounts of less than 15 kg provided
the person has a firearms licence
UN0160/UN0161 Smokeless powder (single base, double base, triple base),
provided the person has a firearms licence
UN0499 Propellants (solid substances consisting of a deflagrating solid
explosive used for propulsion), provided the person has a firearms
licence
UN0192/UN0193 Signals, railway track, explosive. Articles containing
pyrotechnic substances designed to produce signals by means of sound,
flame, or smoke, or any combinations of them.
UN0238 Rockets, line throwing
UN0335, UN0336, UN0337 Fireworks in classes 1.3G, 1.4G, and 1.4S that
are subject to the Hazardous Substances (Fireworks) Regulations 2001
UN0070 Cable cutters of class 1.4S
UN0317 Igniting fuses of class 1.4G
UN0323 Power Device Cartridges, 1.4S
UN0349 Signal or shock tubes of class 1.4S
UN0349, UN0432 Model Rocket Motors in classes 1.4G and 1.4S
UN0432 Cassette degradation devices of class 1.4S
UN0454 Igniters of class 1.4S
UN0503 Airbag initiators and seatbelt pre-tensioners of classes 1.4G and
1.4S
