NSW WHS Reg 2025: What Changed for Hazardous Chemicals?

Introduction

On 1 September 2025, the Work Health and Safety Regulation 2025 came into effect in New South Wales. The Regulation replaces the 2017 version and introduces a series of important updates.

This article doesn't attempt to cover every single amendment. Instead, it focuses on those changes that are new in 2025 and most relevant to the handling of hazardous chemicals.

It's also important to set the broader context:

• From 1 July 2025, SafeWork NSW became an independent statutory regulator, led by a Commissioner and supported by an Advisory Council. This independence strengthens its enforcement capability.
• NSW has also introduced a new industrial manslaughter offence, with severe penalties for gross negligence that results in a workplace death.

Together, these reforms point to a more assertive regulatory environment and greater expectations on compliance.

General WHS Regulatory Changes

Codes of Practice Now Enforceable

Codes of Practice approved by the NSW Government are now legally binding. PCBUs must follow them unless they can demonstrate that an alternative approach provides an equal or higher standard of health and safety. This change elevates Codes of Practice from being guidance documents to enforceable minimum standards.

Prosecution Timeframes Extended

The former two-year limitation period for commencing WHS prosecutions has been relaxed. Courts may now allow prosecutions to proceed beyond two years "in the interests of justice". For industries working with hazardous chemicals, this extends the timeframe during which compliance failures may be prosecuted.

Provisional Improvement Notices – New Duty to Notify

If a Health and Safety Representative issues a Provisional Improvement Notice (PIN), a PCBU must now provide a copy of the notice to SafeWork NSW. This increases transparency for the regulator and adds another layer of accountability for businesses.

Hazardous Chemicals Specific Changes

Lithium Battery Storage – Emergency Planning Requirement

A new threshold has been introduced for lithium batteries. Sites storing 25,000 kg or more must now prepare and lodge an emergency plan with Fire and Rescue NSW. This reflects the growing fire and explosion risks associated with large-scale energy storage systems.

Hazardous Chemicals Information Search – New Right of Access

A new provision, Section 348A, allows a person to apply to the regulator for information about hazardous chemicals used, handled, or stored at a workplace.

• Applications must be made in the required form and accompanied by the relevant fee.
• The regulator is authorised to disclose information in response.

This addition increases transparency by giving stakeholders a formal mechanism to request information from the regulator about hazardous chemical activities at workplaces.

Higher Penalties Under Schedule 18

The Work Health and Safety Amendment (Penalty Notices) Regulation 2024 amended the WHS Act by replacing Schedule 18A (Penalty Notice Offences). The update introduced 88 new offences and increased all existing penalty notice amounts by 24% across the board.

Within this revised Schedule, there are 36 distinct offence provisions that directly relate to hazardous chemicals. A number of broader offences may also apply depending on the circumstances.

Some examples of hazardous chemical duties that, if breached, now attract penalty notices include:

• Failing to obtain a copy of the current Safety Data Sheet (SDS) when a hazardous chemical is first supplied to the workplace.
• Not preparing and maintaining a register of hazardous chemicals used, handled, or stored at the workplace, or failing to make it readily accessible to workers.
• Failing to make provision for spill containment systems to manage spills or leaks of hazardous chemicals in solid or liquid form.

For businesses managing hazardous chemicals and dangerous goods, the effect is clear: there is now greater exposure to penalty notices, and the financial impact of breaches has risen significantly compared to the previous framework.

Explosives Licensing Changes

From 21 July 2025, the process for explosives licensing has been tightened. Applications and renewals for security clearances must now be lodged in person at a Service NSW centre. Further details are available on the SafeWork NSW website (here).

Implications for Businesses Handling Hazardous Chemicals

The changes collectively signal a shift towards stronger compliance expectations and tougher enforcement. Key takeaways:

• Compliance frameworks must tighten – Codes of Practice are no longer optional guidance.
• Prosecution exposure is longer – businesses may face action for incidents uncovered years later.
• Penalties are higher – with a 24% uplift in fines applied across all offences under Section 18A.
• Specific DG risks are targeted – lithium battery thresholds and explosives licensing changes demand proactive attention.
• Governance matters more than ever – with industrial manslaughter laws in play, boards and officers must show due diligence.

Conclusion

The WHS Regulation 2025 represents more than just a routine update. For those working with hazardous chemicals and dangerous goods, it brings new obligations, sharper enforcement, and greater accountability.

By acting now—reviewing lithium battery storage, revisiting emergency planning, ensuring alignment with Codes of Practice, and reinforcing governance—businesses can stay ahead of compliance risks.

At the same time, we know that navigating these changes is complex. That's why we built DGXprt, our new dangerous goods compliance platform powered by AI and a codified compliance engine.

From its first release in October 2025, DGXprt has been developed with direct reference to the latest NSW WHS Regulation 2025 for hazardous chemicals and dangerous goods. The platform helps businesses:

With SafeWork NSW's regulatory stance strengthening and penalties rising, DGXprt ensures that compliance programs are not only up to date but anchored in the current regulatory framework.

To learn more about how we are enabling smart dangerous goods compliance, contact us.