National Government Advisory Group (NGAG) on Chemicals Security – Implementation Plan for Productivity Commission
Recommendations Chemicals and Plastics Regulatory Reform – Security Sensitive Ammonium Nitrate (SSAN) Reforms
Harmonisation of State and Territory regulations on SSAN will be achieved through the Chemical Security Management Framework, including
utilising the National Government Advisory Group (NGAG) to consider and agree approaches to achieve the reforms, and the National Industry
Reference Group to seek expert industry advice on relevant proposals. Proportionate and harmonised risk treatment measures will be
developed and agreed, including having regard to the chemical security risk assessment for SSAN, the Productivity Commission’s
recommendations and COAG’s responses.
NGAG will assume responsibility for the oversight of this reform and report directly to COAG through the BRCWG until the completion of the
Seamless National Economy National Partnerships in December 2012. From January 2013 NGAG will report through the COAG Business
Advisory Forum Taskforce (the Taskforce) to COAG on progress. The stages of implementation for this reform are set out in Table 1 below.
Table 1 Stages of Implementation
Output
2012-13
2013-14
2014-15
SSAN risk assessed and existing controls
re-examined under the Chemical Security
Management Framework.
All jurisdictions:
Finalise SSAN security
risk assessment by August
2012
All jurisdictions:
NGAG to agree on proposed
control measures by November
2013 (includes targeted industry
consultation and re-examination of
existing regulations).
Ongoing milestones to be
identified and agreed as
project progresses
(part of PC recommendation 10.4)
Notes:
Key steps under the Framework are:



risk assess the chemical of security
concern
develop and agree measures to
decrease the assessed risks
implement agreed measures
Outputs 2 and 3 are dependent on the risk
assessment and control measures under
Output 1.
All jurisdictions:
Commence development
of proposed control
measures through NGAG,
incorporating outputs 2
and 3, by November 2012
All jurisdictions:
NGAG to report to COAG
(through BRCWG) on
reform progress by
December 2012
All jurisdictions:
Review implementation plan
following finalisation of control
measures by December 2013 and
submit revised implementation plan
to COAG through the Taskforce by
December 2013.
All jurisdictions:
NGAG to report to COAG through
the Taskforce on progress in
implementation by December
2013.
1
Output
2012-13
2013-14
2014-15
Subject to re-examination of controls
under Output 1, nationally uniform
approach to conducting security checks
for access to SSAN, managed by a single
agency such as Auscheck, and a
database established for recording and
sharing information on current, refused or
revoked security clearances.
Subject to outcome of 1,
but consistent with
milestones for output 1.
Subject to outcome of 1, but
consistent with milestones for
output 1.
Subject to outcome of 1, but
consistent with milestones
for output 1.
As for 2. above
As for 2. Above
As for 2. above
(PC recommendation 10.1)
Subject to re-examination of controls
under Output 1, nationally uniform SSAN
regulations that include:
consistent reporting requirements
storage requirements based on agreed
physical properties of SSAN, provided
adequate security controls are met
provision for a single security plan to be
lodged for transporting SSAN nationally
licence durations that are nationally
consistent
reporting requirements for assessment
timeframes of regulatory agencies
mutual recognition of licences/authorities
issued in another Australian jurisdiction
(PC recommendation 10.2)
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PC Report Recommendations
Recommendation 10.1:
Commonwealth, state and territory governments should implement a nationally uniform approach to conducting security checks for access to
security sensitive ammonium nitrate, irrespective of other harmonisation measures. The background checking process should be managed by
a single agency such as AusCheck. A database that reports current, refused or revoked security clearances should be established, and the
information shared across jurisdictions.
Recommendation 10.2:
State and territory governments should consider the following improvements for achieving greater national harmonisation of the security
sensitive ammonium nitrate (SSAN) regulations:





removing major inconsistencies in reporting requirements
basing storage requirements on agreed physical properties of SSAN, provided adequate security controls are met
ensuring that a single security plan can be lodged for transporting SSAN nationally
making licence durations nationally consistent
requiring regulatory agencies to commit to, and report on, timeframes for assessing licence applications.
Recommendation 10.4:
Commonwealth, state and territory governments should establish an agreed framework for assessing the security risks and appropriate control
measures associated with chemicals of security concern. This framework should incorporate strong governance arrangements, underpinned
by an intergovernmental agreement, that ensure measures are implemented consistently across jurisdictions. Once established, this
framework should be used to re-examine the controls on ammonium nitrate.
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COAG Response November 2008:
‘COAG’s Review of Hazardous Materials Steering Committee is considering reforms of security sensitive ammonium nitrate arrangements.
Opportunities for reform were noted by COAG at its meeting on 2 October 2008. The Steering Committee will further develop
recommendations for consideration by COAG at its first meeting 2009.’
COAG Response April 2009
COAG agreed to the following regulatory reforms for security-sensitive ammonium nitrate (SSAN):
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



subject to verification as required:
jurisdictions will allow a person licensed to carry out specific activities with SSAN in one jurisdiction to conduct lawfully the same licensed
activities in other Australian jurisdictions through legislative or administrative recognition or the issue of a corresponding licence, permit or
authorisation. This provision excludes the import, manufacture and storage of SSAN, and
jurisdictions will recognise an authority issued by another jurisdiction for unsupervised access to SSAN provided that a person holding an
authority is listed on an employer’s/supervisor’s SSAN security plan that is lodged with the receiving jurisdiction;
in principle, SSAN licences or authorities should be first issued in the jurisdiction that is the primary place where an authorised activity
takes place. Where there is no clear primary place of activity, then SSAN licences or authorities should be first issued where an individual
or company is administratively based;
jurisdictions undertake to provide, on request, information to another jurisdiction on the current status of a SSAN licence, permit or
authority including the basis of the relevant person’s unsuitability, should that status be negative; and
pending further consideration of the national database of refused and revoked licences and authorities, jurisdictions undertake to notify
other jurisdictions immediately upon revoking or refusing a SSAN licence or authority and identify the basis of the relevant person’s
unsuitability.
COAG BRCWG response 2012
AGD consider an appropriate way forward for this reform and report back through BRCWG to COAG with recommendations on proposed
reform outcomes and an implementation plan for delivering reforms by no later than August 2012.
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