Why is ammonium nitrate being regulated?
Ammonium nitrate is a raw material for explosives, and all Australian governments believe it should not be freely available to members of the public.
Which ammonium nitrate products will be regulated?
All products containing greater than 45% ammonium nitrate have been designated as security sensitive ammonium nitrate (SSAN) and will be subject to regulation. Solutions are exempted. Therefore, SSAN includes calcium ammonium nitrate which is not classified as a dangerous good, and dangerous goods with UN numbers 1942, 2067, 2068, 2069, 2070, 2071, 2072, 3375 and 3139 where applicable. Explosives of Class 1 are excluded.
Will there be a minimum quantity below which the regulations will not apply?
No. The proposed regulations will apply to SSAN in any quantity.
Which fertilizer blends are SSAN products?
Any fertilizers containing more than 45% ammonium nitrate, including calcium ammonium nitrate. Please refer to appendix A.
Why is calcium ammonium nitrate (CAN) being regulated when it is not classified as a dangerous good?
CAN is a relatively safe product to handle, but can be misused in a similar way to straight ammonium nitrate. The licensing system is designed to allow farmers to use whichever fertilizer they prefer, as long as they observe the minimum security requirements.
How do I get a licence?
You should apply to the regulatory authority in your state or territory – refer
appendix B.
When will the licensing system start?
The licensing regime has commenced in every state except for Western Australia, which is working towards implementing the regime.
Will there be a transition period?
Transition periods in the ACT, NSW, NT, QLD, TAS and VIC have ended. You must obtain a license before using SSAN in these states.
South Australia's transition period will end on 25 July 2006 and you should apply for your license as soon as possible, as there may be delays in obtaining a license if you leave it until the last month. You will not be able to use SSAN after 25 July 2006 if you do not have a license.
Who will be able to use SSAN?
Licences will be available to:
- those who can demonstrate a legitimate need for SSAN,
- who will transport and store it securely, and
- who are not of security concern.
A licence will be required to import, export, manufacture, store, transport, sell, supply, purchase, acquire, use or dispose SSAN.
Will I need a separate licence for each of these activities?
Farmers will be able to licence the activities they require to enable purchase, storage, transport and use of SSAN. Licences may also be issued to cover more than one activity and you should consult the regulatory authority in your state or territory with details of the activities you will be undertaking.
What if I operate several storage sites, will I require a licence for each site?
Within a state or territory you can apply for one licence to cover several storage sites, though a security plan would have to be submitted for each site.
If you have storage sites in more than one state or territory you will have to obtain a licence from each state or territory in which you have a storage site.
Can I use the same security plan for several storage sites?
The security plan you develop for one site may be broadly suitable for use at other sites. The procedures may be the same, but there may be differences in physical security and there would need to be a list of authorised persons (persons having unsupervised access to SSAN) specific to each storage site.
What if I operate several transport vehicles, will I require a licence for each vehicle?
No, the operator is being licensed, not the vehicles. The operator can have one licence with one security plan covering all vehicles.
Will a transport licence issued by one state be a valid licence in other states?
Yes, except for transport in SA – contact the SA regulatory authority to arrange the issue of an SA equivalent (appendix B).
How much will licences cost?
The cost and duration of licences will vary slightly from state to state.
Are there differences in licensing procedures in different states or are they universal for the whole Australia?
The procedures will be similar. You will have to submit an application, with a security plan, to the regulatory authority in each jurisdiction in which you wish to carry out an activity in relation to SSAN. The application will have to contain the information as outlined in the national guidance notes (security plan, list of people with unsupervised access etc).
Why isn’t the Commonwealth running a national licensing system?
Regulation of dangerous goods is a state and territory responsibility. The Australian Government has worked cooperatively with the states and territories to ensure a nationally consistent approach, so that security standards for handling SSAN are the same Australia-wide.
Why is the government only regulating ammonium nitrate and not other substances which can be misused?
Ammonium nitrate was the first priority, but other chemicals, biological agents and radiological materials are also being considered by the COAG Review of Hazardous Materials. Some other substances may be identified for government regulation, while others may be more tightly controlled through voluntary industry practices.
Are other solid fertilisers likely to be subject to similar security controls?
The COAG Review of Hazardous Materials is examining all chemicals of security concern and there may be one or two other fertilizers that should not be freely available to the public. No decision has been made and there will be substantial consultation with farming and industry representative bodies before any final decisions are reached.
What are the Minimum Security Requirements for Transport of SSAN?
Refer Guidance Note No. 1: Transport, available from your state or territory regulatory authority and also on the national security website (www.nationalsecurity.ag.gov.au).
What are the Minimum Security Requirements for storage of SSAN?
Refer Guidance Note No. 2: Storage, available from your state or territory regulatory authority and also on the national security website (www.nationalsecurity.ag.gov.au).
How much AN can be stored at one time? Are there any restrictions and/or exceptions?
There are no absolute limits, but you should consult the regulatory authority in your state or territory. Your security plan may not be approved if you are storing large quantities near population centres and have only the minimum security measures.
If you are developing a new storage site, consult your regulatory authority and Guidance Note No. 4 – Siting.
Are there any concessions for farmers?
The legislative structure has been deliberately formulated to provide a flexible approach so that all user categories are catered for. Farming use varies widely, broad acre farms have different use patterns to market gardens and these differ from horticultural use. Farmers will be able to licence the activities they require to enable purchase, storage, transport and use of SSAN. . They will have to put in place security measures to guard against the theft of SSAN fertilizers in their possession – refer Guidance Note No. 3: Agricultural Use.
If ammonium nitrate is so dangerous why not just ban it?
The mining industry is dependent on ammonium nitrate and a total ban was not a realistic option.
Why will users of SSAN be subject to police and ASIO checks?
Governments need to be assured that users are not of security concern.
What is the ASIO check?
This is a check of a name against a data base to ensure that someone is not of known security concern. It is not an investigation into a person’s past or their political activities.
These checks are a routine part of clearing someone for particular purposes. They were used during the Sydney Olympics for those working at certain venues, are part of the clearance process for those working in secure areas of airports and will soon be introduced for those working in shipping ports.
If I ‘fail’ the ASIO check, is there a right of appeal?
Yes, anyone who receives a qualified or adverse assessment from ASIO will be notified of the reasons for this and can appeal to the Administrative Appeals Tribunal.
Will this licensing system over-ride other codes like the Explosives Code or the Australian Dangerous Goods Code?
No. However the status of these codes may vary between jurisdictions. Where they are not specifically mandated by regulation they may be mandated by licence condition or have the status of good industry practice.. These codes must continue to be observed.
For further information:
On the COAG decision of 25 June 2005
http://www.coag.gov.au/meetings/250604/index.htm
(contains a link to the “Principles For The Regulation Of Ammonium Nitrate”)
Appendix A
Indicative List of SSAN Products
This information has been supplied by the Fertilizer Industry Federation of Australia (FIFA). It is not a definitive list, but is compiled with the assistance of FIFA members including major companies Incitec Pivot Limited, Grow Force, Hi-Fert and Summit, as well as some smaller companies.
SSAN Fertilizers
1. Ammonium Nitrate (AN)
2. Calcium Ammonium Nitrate (CAN)
3. Blends containing AN and CAN (listed as follows)
Ammonium Nitrate Blends
Grow Force Name Percentage AN
Nitra Force 601 55%
Nitra Force 605 65%
Nitra Force 606 60%
Nitra Force 608 60%
Nitra Force 609 63%
Nitra Force 615 65%
Nitra Force 616 60%
Nitra Force 620 60%
Nitra Force 635 53%
Nitra Force 640 60%
Nitra Force 641 60%
Nitra Force 642 50%
Nitra Force 643 59%
Nitra Force 654 65%
Nitra Force 17-0-21 50%
Nitra Force 19-1-8 55%
Nitra Force 19-8-10 46%
Nitra Force 20-0-15+Mg 59%
Nitra Force 20-0-16-7 60%
Nitra Force 20-0-20 60%
Nitra Force 21-3-15 55%
Nitra Force 22-3-8 61%
Nitra Force 22-3-14 60%
Nitra Force 23-6-5 50%
Nitra Force 27-9-0 54%
Ammonium Nitrate Blends
Incitec Pivot Name Percentage AN
Accelerator 50
Aftergraze 61
Aftermow 61
Anchor Plus 51
Bumpabunch 60
Greengraze 50
Hortram K 59
Hortram K (Fe) 57
Nitram 135 53
Nitram 140 60
Nitram 140(S) 60
Nitram 150 55
Nitram 160 63
Nitram 50/50 60
Nitram 50/50(S) 60
Nitram 700 65
Nitram Hi-N Ratooner 60
Nitram Hi-P Ratooner 50
Nitram K 65
Nitram K(S) 65
Nitram Ratooner 65
Nitram SOP 65
Prodress 55
Speed 54
Swift 46
Calcium Ammonium Nitrate Blends
Incitec Pivot Name Percentage CAN
Cal-Am 135 80
Cal-Am 140 63
Cal-Am 150 60
Cal-Am 50/50 65
Cal-Am K(S) 65
Cal-Am Nitra K 74
Cal-Am Nitra King 75
Green 1 57
Green 2 68
Green 3 85
Green 4 69
Green 5 65
Nitrogreen M 20 68
Nitrogreen M 20(S) 57
Nitrogreen M 35 76
Nitrogreen M 40 65
Nitrogreen M 40(S) 60
Nitrogreen M 50 61
Nitrogreen M 50/50 65
Nitrogreen M K(S) 65
Only those blends containing more than 56% CAN, equivalent to 45% AN, are listed.
Note: It is Incitec Pivot’s intention to cap the nitrate nitrogen content of blends at 10% NO3 - N (max). This will necessitate re-formulating those blends containing more than 59% Ammonium Nitrate or 74% Calcium Ammonium Nitrate. This will be done in the near future.
In addition to the above Incitec Pivot Range Blends, Calcium Ammonium Nitrate can be requested as an ingredient in Custom Blends, which are blended to meet individual customer needs. Those Custom Blends containing more than 56% CAN can be identified at the time a quote is made, and be treated as SSAN.
Ammonium Nitrate can not be requested as an ingredient in Custom Blends from Incitec Pivot.
Appendix B
Contact Details for State and Territory Regulatory Authorities
NSW
WorkCover Assistance Service
Phone 131 050
Email contact@workcover.nsw.gov.au
VIC
Dangerous Goods Unit
WorkSafe Victoria
Phone 03 9641 1555
Email info@workcover.vic.gov.au
QLD
Chief Inspector of Explosives
Department of Natural Resources and Mines;
Phone 32371386
Fax. 32354395
Email explosives@nrm.qld.gov.au
Website nrm.qld.gov.au/mines/explosives
WA
Safety, Health and Environment Division
Department of Industry and Resources
Call centre phone number 08-9222 3413
Call centre fax number is 08-9222 3525
Email edg@doir.wa.gov.au
SA
Workplace Services
Department for Administrative and Information Services
Information Service 1300 365 255
Reception Phone (08) 8303 0400
Reception Fax (08) 8303 0423
Website www.Eric.sa.gov.au
TAS
Helpline
Workplace Standards Tasmania
PO Box 56
Rosny Park Tas 7018
Phone: 1300 366 322 (local rate within Tasmania)
Phone: 03 6233 7657 (outside Tasmania)
Fax: 03 6233 8338
NT
NTWorkSafe
Phone 1800 019 115
Email ntworksafe.deet@nt.gov.au
Website www.worksafe.nt.gov.au
ACT
Manager
Dangerous Substances, Gas and Plant
ACT WorkCover
Phone 6205 0200