Fireworks Events
A Pyrotechnician’s licence or fireworks (single-use) licence is issued by WorkCover NSW by way of legislation known as the Explosives Regulation 2005. The Regulation requires that as a condition of each licence issued, that the licensee must notify WorkCover and Council of an intention to use any fireworks, distress signal or model rocket propellant device at least 7 working days before the fireworks, signal or device is to be used.
While Council must be given notice, Council has no power to approve the use of fireworks. However Council may object to or impose conditions on their use. After receiving notification of the intended use of fireworks, Council may decide to object to the use of the fireworks, and inform the pyrotechnician and WorkCover of this decision. The fireworks display must not proceed unless the licensee has been able to resolve any objections by Council.
Issues that Council may take into consideration when deciding whether to object to or impose conditions may include:
- Appropriateness of the location eg proximity to residences, hospitals
- Reason for the display eg. Is the display in the public interest?
- Types of fireworks eg. Aerial fireworks may have greater impact on surrounding areas that ground fireworks
- Impact on any affected residents and businesses
- Impact on animal welfare
- Public liability issues
- Noise
- Pollution
- Public nuisance
- Appropriate notification to neighbouring properties. Council may need to decide what it believes to be a reasonable area of coverage for notification, and how this should be done by the applicant eg. Letterbox drop, media advertisement
- Proposed procedure for disposal of spent fireworks
- Whether appropriate crowd and traffic management issues have been addressed where the display is likely to draw crowds
- Whether a usage fee is charged in cases where Council land assets are utilised
- Any other local conditions that Council may consider relevant
All these matters are covered by a self-assessment “Fireworks Display Checklist”, which is available on WorkCover’s website. Council may request the completed checklist to be submitted to assist with review of the notification.
In the event of a late notification being received by Council, then either of the following will be done:
- Council will notify WorkCover no less than 2 working days prior to the event, that it raises an objection, or
- Council will provide Workcover with written confirmation that no objections are raised, or
- Where Council is unable to provide WorkCover with written confirmation that there are no objections due to the late notification, then Council may object on the grounds that there has been insufficient time to assess the notification.
As certain parts of Leichhardt’s municipality are bounded by maritime property, if any fireworks events are proposed to be held on maritime property then the NSW Waterways Authority must also be contacted and notified of the proposed display, with any approvals to also be obtained, if required.
For further information, please contact WorkCover through www.workcover.nsw.gov.au or via telephone contact on (02) 4321 5499.