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Explosives Act

LAWS OF TONGA


1988 Revised Edition


CHAPTER 40


EXPLOSIVES ACT


Arrangement of Sections


Section
1 Short title.
2 Interpretation.
3 Harbour Master of port.
4 Regulations.
5 Offences committed by agent or servant.
6 Prohibiting the manufacture, possession or importation of explosives.
7 Powers of inspection, search, seizure detention or removal.
8 Testing of explosives before importation.
9 Notice of accidents.
10 Inquiry into accidents.
11 Dangerous acts.
12 General penalty.
13 Awards to informers.
14 Forfeiture of explosives.
15 Seizure and sale of vessels.
16 Abetting or attempting to commit offence.
17 Power to arrest without warrant.
18 Power to arrest without warrant persons committing dangerous offences.
19 Stop and search for explosives.
20 Presumption as to possession.
21 Saving.
22 Authorising magazine or hulks.
23 Fees.


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EXPLOSIVES ACT


Act 9 of 1971


AN ACT TO REPEAL THE EXPLOSIVES SUBSTANCES ACT AND TO MAKE BETTER PROVISION FOR THE REGULATION, USE, POSSESSION, TRANSPORT, MANUFACTURE, SALE, STORAGE, IMPORT AND EXPORT OF EXPLOSIVES


Commencement [31st January, 1972]


1 Short title.


This Act may be cited as the Explosives Act.


2 Interpretation.


In this Act, unless a contrary intention otherwise appears-


"carriage" includes any carriage, wagon, cart, truck or other vehicle used for the conveyance of goods or passengers by land in whatever manner the same may be propelled or moved;


"explosive" -


(a) means gunpowder, nitro-glycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other, metals, coloured fires, and every other substance, whether similar to those abovementioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect, and


(b) includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined;


"export" with its grammatical variations and cognate expressions means to take or cause to be taken out of the Kingdom;


"import" with its grammatical variations and cognate expressions means to bring or cause to be brought into the Kingdom;


"licensing officer" means the Minister of Police and includes any officer appointed by him in writing in that behalf;


"manufacture" includes the preparation of any component parts of an explosive, the admixture or other treatment of the same, the breaking up or unmaking of any explosive or making fit for use any damaged explosive, and the process of remaking, altering or repairing any explosive;


"serious injury" means any one or more of the following:


(a) a fractured skull, pelvis, arm, thigh, spine, forearm or leg;

(b) a dislocated shoulder;

(c) the amputation of an arm, hand, finger, leg, foot or toe;

(d) the loss of sight of an eye;

(e) asphyxia;

(f) any other bodily injury, including haemorrhage or burns if such is likely to endanger life, cause permanent incapacity or to disable the injured person from following his ordinary occupation for a period of 5 days or more.

3 Harbour Master of port.


All powers and duties conferred and imposed by this Act or by any regulations made thereunder on the harbour master of a port may, in places where there is no harbour master, be exercised and performed by any officer whom the Prime Minister may from time to time by notification in the Gazette appoint in that behalf.


4 Regulations.


(1) The Privy Council may make regulations to control or prohibit, except under or in accordance with the conditions of a licence granted as provided by such regulations, the construction of magazines and the manufacture, possession, use, sale, storage, transport, importation and exportation of explosives or any specified class of explosives. All licences under this Act shall be granted and issued by the licensing officer or any other officer appointed by him in writing in that behalf.


(2) Without prejudice to the generality of the foregoing powers, regulations under this section may provide for all or any of the following among other matters, that is to say:


(3) The Privy Council may by regulations impose penalties on all persons constructing magazines and manufacturing, possessing, using, selling, storing, transporting, importing or exporting explosives in breach of the regulations or otherwise contravening the regulations:

Provided that the maximum penalty which maybe imposed by any such regulations shall not exceed –


(a) in the case of a person so importing, exporting or manufacturing an explosive, a fine of $400 or imprisonment 'for a period not exceeding one year or to both such fine and imprisonment;

(b) in the case of a person so possessing, selling, storing, using or transporting an explosive or otherwise contravening the regulations, a fine of $200 or imprisonment for a period not exceeding 6 months or to both such fine and imprisonment;

(c) in any other case a fine of $100.

Offences committed by agent or servant.


(1) Whenever under this Act any person mentioned in a licence issued under the provisions hereof is declared liable to any punishment, penalty or forfeiture for any act committed by him, he shall be liable to the same punishment, penalty or forfeiture for every similar act committed by any agent or servant employed by him in or about the licensed premises.


Every agent or servant employed by any person mentioned in a licence shall also be liable to every punishment, penalty or forfeiture prescribed for offences against this Act as fully and effectually as if such agent or servant had been the person mentioned in the licence.


(2) Every person employed in or about any premises licensed under this Act shall be deemed to have been so employed by the person mentioned in the licence unless and until the contrary be proved.


6 Prohibiting the manufacture, possession or importation of explosives.


(1) Notwithstanding anything in this Act contained the Prime Minister may, from time to time, by notification in the Gazette —


(2) Any person manufacturing, possessing or importing an explosive in contravention of a notification issued under this section shall be liable to a fine not exceeding $400 or to imprisonment for a period not exceeding one year and, in the case of importation by water, the owner and master of the vessel in which the explosive is imported shall, in the absence of reasonable excuse, each be liable to a fine not exceeding $400 or to imprisonment for a term not exceeding one year.

7 Powers of inspection, search, seizure detention or removal.


The Privy Council may make regulations consistent with this Act authorizing any officer, either by name or in virtue of his office, with or without warrant -

8 Testing of explosives before importation.


The Privy Council may make regulations as to the tests to which various classes or any particular class of explosives may or shall be subjected before the permission is granted to land the same in the Kingdom.


9 Notice of accidents.


Whenever there occurs in or about or in connection with any place in which an explosive is manufactured, possessed, or used or any carriage or vessel either conveying an explosive or on or from which an explosive is being loaded, or unloaded, any accident by explosive or by fire attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place or the master of the vessel or the person in charge of the carriage, as the case may be, shall forthwith give notice thereof to the officer in charge of the nearest police station.


10 Inquiry into accidents.


(1) Any magistrate who is of opinion that an inquiry is necessary into the cause of any accident within his jurisdiction of the description mentioned in section 9 may make such inquiry.

(2) Any magistrate making an inquiry under this section shall, for the purposes of conducting the inquiry, have all the powers which he would have in holding an inquiry into an offence within his jurisdiction.

11 Dangerous acts.


Any person found committing wilfully or negligently any act which tends to cause explosion or fire in or about any factory, magazine, hulk, vessel, storehouse or shop containing explosives shall be liable, in addition to any other penalty to which he may be liable, to a fine not exceeding $100.


12 General penalty.


Any person who is guilty of any contravention or breach of any of the provisions of this Act or of any regulations made thereunder for which no special penalty has been prescribed shall be liable to a fine not exceeding $50,


13 Awards to informers.


In case of a conviction under any section of this Act or for breach of any regulation thereunder involving a fine, it shall be lawful for the court inflicting such fine to direct, on the application of the police officer in charge of the prosecution, that any part, not exceeding one-half thereof, shall be paid to any person who has, or divided in such proportions as the court may order amongst any persons who have, given such information to the police as has led to the conviction of the offender or offenders.


14 Forfeiture of explosives.


Whenever a person is convicted of an offence punishable under this Act or the regulations made thereunder, the court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance, if any, in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall with the receptacles containing the same, be forfeited and may be destroyed or disposed of in such manner as the Minister of Police may direct.


15 Seizure and sale of vessels.


Where the owner or master of a vessel is adjudged under this Act to pay a fine for an offence committed with or relating to that vessel, the court may, in addition to any other power which it may have for the purpose of compelling payment of the fine, direct it to be levied by seizure and sale of the vessel and the tackle, apparel and furniture thereof or so much thereof as is necessary.


16 Abetting or attempting to commit offence.


Whoever abets the commission of an offence punishable under this Act or the regulations made thereunder or attempts to commit any such offence and in such attempt does any acts towards the commission of the same, shall be liable to the same penalty as if he had committed the offence.


17 Power to arrest without warrant.


(1) Notwithstanding anything which may appear to the contrary, any person who is found manufacturing, possessing, using, selling, storing, transporting, importing or exporting explosives in such a manner or under such circumstances as to afford reasonable grounds for suspicion that the same may be used for any unlawful purpose, may be apprehended without warrant by any person and detained in custody.

(2) If any person be apprehended by a person not being a police officer, he shall be forthwith taken to a police station or handed over to a police officer.

(3) Every person arrested by virtue of any power given by this Act shall together with any article as to which any offence may have been committed or attempted to be committed, be taken to a police station and conveyed as soon as conveniently may be before a magistrate to be dealt with according to law.


18 Power to arrest without warrant persons committing dangerous offences.


Whoever is found committing any act punishable under this Act or the regulations made thereunder which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port or any carriage or vessel, may be arrested without a warrant by a police officer or by the occupier of, or the agent or servant of, or other person authorized by, the occupier of that place, or by an agent or servant of, or other person authorized by, the harbour master of the port, and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a magistrate.


19 Stop and search for explosives.


It shall be lawful for any police officer to stop and search for explosives any person whom he may find in any street or other public place at any hour of the day or night who acts in a suspicious manner or whom he may reasonably suspect of having explosives in his possession.


20 Presumption as to possession.


Every person who is proved to have had in his possession or under his control anything whatever containing any explosive shall, until the contrary is proved, be deemed to have been in possession of such explosive.


21 Saving.


(1) Nothing in this Act shall apply to the manufacture, possession, use, sale, storage, transport, importation or exportation of any explosive -


(2) Nothing in this Act shall apply to any friendly vessel of war.

22 Authorising magazine or hulks.


It shall be lawful for the Prime Minister to authorize the erection of such magazines or the establishment of such hulks as he may consider necessary for the storage of Government explosives or for the storage or safe custody of explosives belonging to other persons, and to fix a scale of fees to be paid for use of Government magazines or any portion thereof.


23 Fees.


The Privy Council may, from time to time, make regulations consistent with this Act to determine the fees to be charged under this Act, and may direct by whom and in what manner the same are to be collected and accounted for.


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Subsidiary Legislation


EXPLOSIVES REGULATIONS


Arrangement of Sections

Section


1 Short title


PART I – PRELIMINARY


2 Interpretation


PART II - CLASSIFICATION OF EXPLOSIVES


3 Classification.


CLASS I. —GUNPOWDER CLASS


CLASS II. —NITRATE-MIXTURE CLASS


CLASS III. —NITRO-COMPOUND CLASS


CLASS IV. —CHLORATE-MIXTURE CLASS


CLASS V. —FULMINATE CLASS


CLASS VI. —AMMUNITION CLASS


CLASS VII. —FIREWORK CLASS


PART III - MANUFACTURE OF EXPLOSIVES


Authorized place of manufacture


5 Unauthorized place


6 Licensing premises


7 Keeping books


PART IV - STORAGE OF EXPLOSIVES


8 Storage


9 Magazine


10 Issuing licence


11 Excess of amount stored


12 Occupier of premises


13 Licence not transferable


14 Forfeiture


15 Hulk or floating magazine


16 Other premises


17 Structural alteration


18 Matches and petroleum


19 Temporary licence


20 Revocation or suspension of licence


21 Fees – Second Schedule


22 Licensed person to keep books


PART V - PACKING AND TRANSPORT


23 Packaging


24 Conditions


25 Breach relating to packing


MODE OF CONVEYANCE


26 Pack in prescribed manner


27 Sufficiently separated.


28 Fire or artificial light.


29 Hand to hand passing


30 Securing explosive


31 No iron or steel.


32 Stowing


33 Amount to be conveyed


34 Non-application of Part V


35 Carrying public passengers.


36 Class V, class VI and class VII


37 Breach relating to mode of conveyance.


PART VI - IMPORTATION AND EXPORTATION


38 Importing or exporting. Form C First Schedule.


39 Breach and penalty.


40 To be fit for importation


41 Application for licence. Form B First Schedule


42 Vessel with explosives


43 Vessel loaded with or loading explosives


44 Gunpowder signal


45 Master violating regulations


46 Signing declaration. Form D First Schedule


47 Inspection by licensing officer


48 Offence and penalty


49 Inspection completed.


50 Exporting etc., without licence. Form C First Schedule.


51 Notice to land, remove etc., explosives to be given


52 Boarding vessel with or without warrant


53 Keeping books.


PART VII - SALE, POSSESSION AND PURCHASE


54 Purchasing and selling


55 Safety cartridges. Form E First Schedule


56 Offence and penalty


57 Permit issued


58 Permit in force for three months


PART VIII - USE


59 "Use" defined


60 Shot-firer's licence - Form H First Schedule


61 Prerequisiters for licence


62 Application for licence - Form I First Schedule.


63 Age for licence


64 Holder of valid licence permitted to do


65 Responsible for security of explosives


66 Shot-firer's exploder


67 Red danger flags and notice boards.


68 Smoking etc.


69 Wood, brass, copper, etc


70 Checking charges.


71 Licence not transferable


PART IX - GENERAL


72 Forfeiture of licence.


73 Entering, inspecting etc


74 Granting new licence.


75 Licence lost or destroyed


76 Producing licence


77 Matches exempted


78 False statement and penalty


FIRST SCHEDULE


FORM A


FORM B


APPLICATION FOR LICENCE TO IMPORT, EXPORT OR REMOVE EXPLOSIVES


FORM C


LICENCE TO IMPORT, EXPORT OR REMOVE EXPLOSIVES


FORM D


DECLARATION TO BE SIGNED BY ALL MASTERS OF VESSELS ARRIVING AT A PORT WITH EXPLOSIVES AS PART OF THEIR CARGO, OR MORE THAN 22.7 KG. NOT BEING PART OF THEIR CARGO


FORM E


FORM F


APPLICATION FOR STOREKEEPER'S (EXPLOSIVES) LICENCE


FORM G


STOREKEEPER'S (EXPLOSIVES) LICENCE


FORM H


SHOT-FIRER'S LICENCE


FORM I


APPLICATION FOR A SHOT-FIRER'S LICENCE


SECOND SCHEDULE


FEES LEVIABLE UNDER THE REGULATIONS


THIRD SCHEDULE


TABLE OF DISTANCES


______________________


EXPLOSIVES REGULATIONS


Made by the Privy Council
G.S. 1/73, G.S. 115/74, G. 297/75


EXPLOSIVES ACT

1 Short title.


These Regulations may be cited as the Explosives Regulations.


PART I - PRELIMINARY


2 Interpretation.


In these Regulations unless a contrary intention appears —


"ammunition" means an explosive of any kind enclosed in any case or contrivance or otherwise adapted so as to form a cartridge or charge for small arms, cannon or any other weapon, or for blasting, or to form any safety or other fuse for blasting, or for shells, or to form any tube for firing explosives, or to form a percussion cap, a detonator, a fog signal, a shell, a torpedo, a war rocket, a submarine mine, a land mine, or other contrivance other than a firework;


"chlorate-mixture" means any explosive containing a chlorate;


"detonator" means a capsule or case which is of such strength and construction and contains a fulminate in such quantity that the explosion of one capsule or case will communicate the explosion to other like capsules or cases;


"firework" includes all firework and signal light compositions as well as manufactured fireworks and signal lights;


"fulminate" means any chemical compound or mechanical mixture which from its great susceptibility to detonation is suitable for employment in percussion caps or any other appliances for developing detonation, or which from its extreme sensibility to explosion and from its great instability (that is to say, readiness to undergo decomposition from very slight exciting causes) is especially dangerous;


"gunpowder" means exclusively gunpowder ordinarily so called;


"industrial explosive" includes blasting powder, nitro-glycerine, dynamite;
fulminate of mercury or of other metals, detonators, fuses for blasting purposes, and every other substance whether similar to those above-mentioned or not used or manufactured with a view to producing a practical effect by explosion;


"licensing officer" means the Minister of Police and includes any officer appointed by him in writing in that behalf;


"matches" includes all kinds of matches ordinarily so called whether safety or otherwise;


"nitrate-mixture" means any preparation other than gunpowder ordinarily so called formed by the mechanical admixture of a nitrate with any form of carbon or with any carbonaceous substance not possessed of explosive properties, whether sulphur be or be not added to such preparation and whether such preparation be or be not mechanically mixed with any other non-explosive substance;


"nitro-compound" means any chemical compound possessed of explosive properties or capable of combining with metals to form an explosive compound which is produced by the chemical action of nitric acid (whether alone or mixed with sulphuric acid), or of a nitrate mixed with sulphuric acid upon any carbonaceous substance, whether such compound is mechanically mixed with other substances or not;


"percussion cap" does not include a detonator;


"safety cartridges" means cartridges for small arms or machine guns of a prescribed maximum gauge of which the cases can be extracted from the small arms after firing and which are so closed as to prevent an explosion in one cartridge communicating itself to another;


"safety fuse" means fuse for blasting which burns but does not explode, and which does not contain its own means of ignition, and which is of such strength and construction and contains an explosive in such a quantity that the burning of such fuse will not communicate laterally with other like fuses.


PART II - CLASSIFICATION OF EXPLOSIVES


3. Classification.


For the purposes of these Regulations, explosives shall be classified as follows, namely —


Class I
— Gunpowder
Class II
— Nitrate-mixture
Class III
— Nitro-compound
Class IV
— Chlorate-mixture
Class V
— Fulminate
Class VI
— Ammunition
Class VII
— Firework

And when an explosive falls within the description of more than one class it shall be deemed to belong exclusively to the latest of the classes within the description of which it falls, excepting that no such explosive shall be so deemed to belong exclusively to class VII.


CLASS I.—GUNPOWDER CLASS


This class consists of gunpowder only.


CLASS II. —NITRATE-MIXTURE CLASS


The nitrate-mixture class comprises such explosives as Pyrolithe, pudrolithe, saxifragin powder, Kellow's powder, and any preparation coming within the above definition.


CLASS III.—NITRO-COMPOUND CLASS


The nitro-compound class has two divisions: —
Division 1 comprises such explosives as- —


Nitro-glycerine
Ammonite
Dynamite
Carbonite
Roburite, Westphalite
Ardeer powder
Lithofracteur
Ballistite

Dualine
Gelignite
Glyoxiline
Forcite
Methylic nitrate
Cordite
Blasting gelatine
Rifleite
Gelatine dynamite
Amberite
Securite
Walsrode
Bellite
Cannonite

and any chemical compound or mechanically mixed preparation which consists, either wholly or partly, of nitro-glycerine or some other liquid nitro-compound.


Division 2 comprises such explosives as- —

Gun-cotton, ordinarily so called
Nitro-mannite
Cotton gunpowder
Picrates
Schultz' powder
Picric powder
Gun-paper
Tonite (or cotton
Xyloidine
powder)
Gun sawdust
Lyddite
Nitrated gun-cotton
E.C. Powder

and any nitro-compound as before defined which is not comprised in the first division.


CLASS IV.—CHLORATE-MIXTURE CLASS


The chlorate-mixture class has two divisions: —


Division 1 comprises such explosives as—


Horsley's blasting powder

Brian's blasting powder


and any chlorate preparation which consists party of nitro-glycerine or some other liquid nitro-compound


Division 2 comprises such explosives as- —
Horsley's original
Chlorated gun-cotton.
blasting powder
Hochstadter's blasting

charges
Erhardt's powder
Reichen's blasting charges
Reveley's powder
Teutonite

and any chlorate-mixture as before defined which is not comprised in the first division.


CLASS V. —FULMINATE CLASS


The fulminate class has two divisions—


Division 1 comprises such compounds as the fulminates of silver and of mercury and preparations of these substances, such as are used in percussion caps, and any preparation consisting of a mixture of a chlorate with phosphorus, or certain descriptions of phosphorus compounds, with or without the addition of carbonaceous matter, and any preparation consisting of a mixture of a chlorate with sulphur, or with a sulphuret with or without carbonaceous matter.


Division 2 comprises such substances as the chloride and the iodide of nitrogen, fulminating gold and silver, diazobenzol, and the nitrate of diazobensol.


CLASS VI. —AMMUNITION CLASS


The maximum gauge at which a small arm cartridge can be accepted as "safety" is one inch or 2.54 centimetres. The following are the gauges of the machine-gun cartridges which may be accepted as "safety"—


.303 inch or -7696 centimetres cordite;

Martini-Henry rifle, solid case;

.45 inch or 1.143 centimetre Gardner, Gatling and Nordenfeldt, except Martini-Henry chambered guns;

.4 inch or 1.016 centimetre.


Cartridges of larger gauge are not safety cartridges.


The ammunition class has three divisions- —


Division 1 comprises exclusively—


safety cartridges;


safety fuses for blasting;


fuses for shells, and friction tubes for guns, or percussion primers, provided there be not more than 5 fuses or percussion primers or 25 tubes in one package and that the package be a hermetically sealed metal cylinder;


percussion caps.


Division 2 comprises any ammunition, as before defined, which does not contain
its own means of ignition and is not included in division 1, such as —


cartridges for small-arms, which are not safety cartridges;


cartridges and charges for cannon, shells, mines, blasting, or other like

purposes;


shells and torpedoes containing any explosive;


fuses for blasting, which are not safety fuses;


fuses for shells;


tubes for firing explosives;


war-rockets;


which do not contain their own means of ignition.


Division 3 comprises any ammunition, as before defined, which contains its own means of ignition and is not included in division 1, such as—


detonators;


cartridges for small-arms, which are not safety cartridges;


fuses for blasting, which are not safety fuses; fuses for shells; tubes for firing explosives;
which do contain their own means of ignition.


By ammunition containing its own means of ignition is meant ammunition having an arrangement, whether attached to it or forming part of it, which is adapted to explode or fire the same by friction or percussion.


CLASS VII.—FIREWORK CLASS


The firework class has two divisions- —


Division 1 comprises firework compositions—-that is to say, any chemical compound or mechanically mixed preparation of an explosive of inflammable nature, which is used for the purpose of making manufactured fireworks, and is not included in the former classes of explosives, and also any star and any coloured fire composition, subject to the provision hereinafter set forth.


Division 2 comprises manufactured fireworks—-that is to say any explosive of any of the foregoing classes and any firework composition, when such explosive or composition is enclosed in any case or contrivance, or is otherwise manufactured so as to form a war-rocket, maroon, lance, wheel, Chinese fire, Roman candle, a squib, cracker, toy cap or amorce, serpent, rocket or other article specially adapted for the production of pyrotechnic effects or pyrotechnic signals or sound signals;


Provided that a substantially constructed and hermetically closed metal case containing not more than 454 grammes of coloured fire composition of such a nature as not to be liable to spontaneous ignition shall be deemed to be a "manufactured firework".


PART III - MANUFACTURE OF EXPLOSIVES


4 Authorized place of manufacture.


The manufacture of any explosive shall not nor shall any process of such manufacture be carried on except at a factory for explosives duly licensed in that behalf, and if any person manufactures any explosive at any place ashore or afloat at which he is not allowed by this regulation so to do, he shall be deemed to manufacture explosives at an unauthorized place.


Provided that the Prime Minister may exempt any explosive from the operation of this regulation.


5 Unauthorized place.


Where any explosive is manufactured at any unauthorized place —


(a) all or any part of such explosive or its ingredients or the various apparatus used in its manufacture which may be found either in or about such place or in the possession of under the control of any person convicted under the preceding regulation may be forfeited; and


(b) the person so manufacturing shall be liable to a fine not exceeding $400 or to imprisonment for a period not exceeding one year or to both such imprisonment and fine.


6 Licensing premises.


(1) Subject to the approval of the Prime Minister and to any Regulations made under the Act, the licensing officer may license any premises which may appear suited to the purpose for the manufacture of such explosive or explosives as he may deem fit.


(2) A fee of $10 shall be leviable for every licence to manufacture gunpowder or fireworks.


7 Keeping books.


Every manufacturer of explosives shall at all times keep books, which shall be open to the inspection of the licensing officer and of any police officer not below the rank of sub-inspector, containing an accurate record of all explosives manufactured by him; and any manufacturer of explosives failing to keep such books or to produce them for inspection as aforesaid when required shall be liable to a fine not exceeding $200.


PART IV - STORAGE OF EXPLOSIVES


8 Storage


No explosive shall be stored in any place or premises whether on land or on water not duly licensed in that behalf;


Provided always that —


(a) a person in possession of a licence to possess, use or carry an arm or ammunition granted under the provisions of the Arms and Ammunition Act, may store without a licence on any premises not being a place of business specified in an arms and ammunition dealer's licence granted under the provisions of that Act, the amount and description of safety cartridges specified in such licence;


(b) any person licensed as an arms and ammunition dealer under the provisions of the Arms and Ammunition Act may store without a licence at the place or places of business specified in his licence, the amount and description of safety cartridges specified in such licence;


(c) any rifle club or association approved by the Prime Minister may without a licence and in a place approved by the Prime Minister store for its own use and not for trade purposes any amount of safety cartridges, for use with gun, rifle or pistol, not exceeding 5000.


(d) the provisions of this regulation shall not apply to the case of any person conveying explosive from place to place in accordance with the provisions of the Act.


9 Magazine


(1) Save as otherwise expressly provided in these Regulations explosives shall be stored only in a magazine, being a building constructed solely for that purpose.


(2) Every magazine shall be located in accordance with the Table of Distances contained in the Third Schedule hereto. Where it is impracticable so to locate the magazine, the licensing officer may select the most suitable location:


Provided that this paragraph shall not apply to any magazine built prior to these Regulations coming into force, unless deemed necessary by the licensing officer.


(3) The construction, lining and ventilation of every magazine shall be approved by a licensing officer.


(4) The ground surrounding a surface magazine to a distance of not less than
15.25 metres from the nearest point of such magazine shall be kept clear of grass, weeds or other vegetable growth and of any inflammable material. (5) No other material shall be stored in a magazine with explosives.


(6) Should an unlawful entry into a magazine be made or attempted the holder of the licence shall forthwith notify the nearest Police Station.


(7) Every magazine shall be in charge of a responsible person not under the age of 21 years who shall make application for a Storekeeper's (Explosives) Licence in the form set out in the First Schedule (Form F) and whose appointment shall be approved by a licensing officer who shall issue the required licence in the form set out in the First Schedule (Form G). (Amended by G.S. 115/74.)


(8) Detonators shall not be stored in the same magazine as other explosives.


(9) Storage of less than 200 detonators may be in a separate locked receptacle, isolated from inflammable material, and kept readily accessible for removal in case of fire.


(10) Storage of not less than 200, but less than 2,000 detonators shall be in a weather-proof locked receptacle, secured against removal and at least
15.25 metres from any building or roadway.


(11) Storage of 2,000 or more detonators shall be in a separate magazine located in accordance with the Table of Distances for 227 kilograms-of explosives. Where it is impracticable so to locate the magazine, a licensing officer may select the most suitable location.


(12) Gunpowder and blasting powder in grain form, chlorate mixtures and nitrate mixtures shall not be stored in the same magazine as explosives intended to be exploded by a detonator.


(13) No unprotected light shall be taken into or used in a magazine or taken or used within 7.625 metres thereof.


(14) No unprotected light shall be taken or used within 3 metres of any explosives being loaded, unloaded or otherwise handled.


(15) No person shall smoke while handling explosives or take into or use in a magazine anything which may cause ignition.


(16) Explosives shall be stored tidily and in such a manner that the oldest explosives shall be the most readily accessible, and provided these have not deteriorated, they shall be used first.


(17) Explosives which have deteriorated shall not be used or offered for sale but shall be disposed of by Or under the directions of the owner, or person in charge, either independently or as directed by the licensing officer, but in any event in a safe manner.


(18) No scraps or broken portions of explosives shall be left on the floor of a magazine.


(19) Only implements made of wood, brass or copper shall be used in opening cases of explosives. Provided that where cases are screwed down, an iron screw-driver may be used to withdraw the screws, but for no other purpose.


10 Issuing licence


The licensing officer may (subject to the provision that all licences for hulks or magazines shall when licensed for the first time be countersigned by the Prime Minister) on application being made to him and after satisfying himself that the premises are suitable and due precaution for the public safety has been taken, issue a licence in the Form A in the First Schedule hereto for the storage and/or sale of explosives in any magazine, hulk, store house or shop. Such licence shall expire on the 31st day of December of the year in which it is issued and shall be for any period in months, and shall specify the maximum amount of each kind of explosive which may be stored at one time:


Provided that a magazine for the storage of industrial explosives shall have first been approved by the licensing officer who shall himself specify the maximum amount of industrial explosive which may be stored therein:


And provided further that no licence shall be issued under this regulation for the storage of explosives on any land occupied for the purpose of prospecting, mining or quarrying operations unless such licence shall have been countersigned by a licensing officer in token of his consent thereto.


11 Excess of amount stored.


Any holder of a licence storing or causing to be stored in licensed premises any explosives in excess of the amount specified or of a kind not specified in his licence shall be deemed to store explosives contrary to the provisions of these Regulations.


12 Occupier of premises.
Every holder of a licence under regulation 10 shall be deemed to be the occupier of the premises named in such licence, and any notice legibly addressed to him in English and delivered at such premises shall be deemed to have been delivered to him.


13 Licence not transferable.


No licence shall be transferable. If licensed premises change hands the transferee shall apply to the licensing officer for a new licence, failing the possession of which he shall be deemed to store explosives contrary to the provisions of regulation 8.


14 Forfeiture.


Where any explosive is stored or kept contrary to the provisions of regulation 8, all or any part of such explosive may be forfeited by order of a magistrate, and any person so storing, keeping, causing to be stored or causing to be kept explosives shall be liable to a fine not exceeding $100.


15 Hulk or floating magazine.


Every hulk or floating magazine licensed under these Regulations shall be painted externally vermilion, and shall have the word "Explosives" legibly printed on both sides in large letters of white paint at least 61 centimetres in height, and such hulk or magazine shall be moored fore and aft in such position as is indicated in the licence, and shall be used exclusively for the storage of explosives.


16 Other premises.


All premises other than hulks or floating magazines licensed for the storage of explosives under these Regulations shall have displayed in some conspicuous place a board bearing the words "Licensed to store and deal in Explosives" or "Licensed to store explosives", as the case may be, legibly marked thereon in such manner as the licensing officer shall direct, and any person who fails to expose such board, publicly and any person who, holding no licence, exposes such a board or a colourable imitation thereof shall be liable to a fine not exceeding $20.


17 Structural alteration.


No structural alteration shall be made in any part of a licensed hulk, magazine, or store without written permission from the licensing officer.


18 Matches and petroleum.


No matches/and no petroleum to which the Petroleum Act or any other Act for the time being in force regarding the importation, possession and transport of petroleum applies, shall be kept for sale in any premises licensed for the storage of more than $40 of explosives, and any person so keeping any matches or any such petroleum shall be liable to a fine not exceeding $10.


19 Temporary licence.


The licensing officer, may on application made to him, issue a temporary licence in the Form A in the First Schedule hereto for the storage, for a short period to be specified, of such explosive as may be required for any pyrotechnic display.


20 Revocation or suspension of licence.


Any licence granted under the provisions of these Regulations may be revoked or suspended without cause assigned by the licensing officer.


21 Fees – Second Schedule.


The fees leviable under these Regulations shall be as set out in the Second Schedule.
Provided that no fee shall be leviable in respect of permits to purchase or possess .22, .303, .38 or .455 ammunition issued to a member of any rifle club or association approved by the Prime Minister.


22 Licensed person to keep books.


Every person licensed to store explosives under regulation 10 shall at all times keep books, which shall be open to the inspection of the licensing officer and of any police officer not below the rank of sub-inspector or an officer in charge Of a police station, containing an accurate record of all explosives stored by him; and any such person failing to keep such books or to produce them for inspection as aforesaid when required shall be liable to a fine not exceeding $50.


PART V - PACKING AND TRANSPORT


23 Packaging.


(1) The provisions of this regulation shall be observed with respect to the packing of explosives for conveyance.


(2) Each class of explosive shall be separately packed and each case shall be legibly labelled.


(3) The explosive shall be contained in a double package. The inner package shall be a substantial case, bag, canister, or other receptacle made and closed so as to prevent the explosive from escaping, and the outer package shall be a box, barrel, or case of wood or metal or other solid material, and shall be of such strength, construction, and character that it will not be broken or accidentally opened, or become defective or insecure whilst being conveyed and will not allow the explosive to escape;


Provided as follows —


(a) an explosive, not being an explosive of class V (fulminate), or of the 2nd and 3rd divisions of class VI (ammunition), or of the 1st division of class VII (firework), shall, if not exceeding 2.27 kilograms in quantity, be contained in a substantial case, bag, canister, or other receptacle made and closed so as to prevent the explosive from escaping;


(b) if the explosive is of class I (gunpowder), or of class II (nitratemixture), or is gun-cotton or another explosive of the 2nd division of class III (nitro-compound), the quantity of the explosive in any one outer package shall not, in the case of explosives of the first two classes exceed 45.4 kilograms, and in other cases 22.7 kilograms;


(c) if the explosive is picric acid, the inner package must be of such a nature as effectually to prevent any picric acid from coming into contact with any basic metallic oxide, and special precautions must be taken to prevent this by heavily lacquering all metal surfaces with which the explosive is likely to be in contact;


(d) if the explosive belongs to the 1st division of class III (nitrocompound) or to class IV (chlorate-mixture), the inner package shall be without any metal in its construction, and the inner or outer package, or both, shall be thoroughly waterproof. No one of the inner packages shall contain more than 4.54 kilograms, and the aggregate quantity of the explosive in any one outer package shall not exceed 22.7 kilograms;


(e) if the explosive belongs to class V (fulminate) and is of such character that it cannot be packed mixed with water, or that danger would arise from such mode of packing, it shall be packed in such manner as shall be especially directed by the Prime Minister;


(d) any other explosive of the fulminate class shall be packed as follows —


It shall be packed in bags or coverings of calico, canvas or other materials permeable to water, and containing each not more than 11.35 kilograms of fulminate, and so made and closed as to prevent any explosive from escaping. Such bags or coverings shall be packed in a case containing sufficient water to ensure the explosive being kept constantly wet, and such case (hereinafter called the inner case) shall be packed in an outer case containing sufficient water constantly to surround the inner case; and the inner case and the outer case shall each be of strength, construction and character that it will not be broken or accidentally opened, or become defective or insecure whilst being conveyed, and will not allow any fulminate or water to escape; and the amount of the explosive in any one outer case shall not exceed 90.8 kilograms except with the consent of, and under conditions approved by, the licensing officer;


(g) every package when actually used for the packing of one fulminate shall not be used for the packing of any other fulminate or for any other purpose;


(h) on the outer case of every package containing fulminate there shall be affixed in conspicuous characters by means of a brand or securely attached label or other mark the word "Explosive" in white paint with the name of the explosive followed by the words "Fulminate, division 1" (or 2, as the case may be), and the name and address of the owner or sender;


(i) if an explosive belongs to the 1st division of class VI (ammunition), it shall be contained in a box, barrel, or case of wood, metal, or other solid material, and of such strength, construction and character that it will not be broken or accidentally opened or become defective or insecure whilst being conveyed, and will not allow any explosive to escape;


(j) if the explosive belongs to the 2nd division of class VI (ammunition), the following regulations shall apply —


viz: —


(i) a shell or torpedo containing any explosive material whether such shell or torpedo be separate from part of a rocket or other appliance, shall be packed in such manner as may be specially directed by the Prime Minister with reference to such explosive;


(ii) any explosive material when made up into a cartridge or charge for cannon, shells, mines, blasting or other like purposes, shall be packed in the manner required for the same explosive material when not so made up:


Provided that where a double package is required, the enclosing case of such cartridge or charge, if it satisfies the conditions required for the inner package, may be held to be such inner package;


(iii) any other explosive of the 2nd division shall be packed in a box, barrel, or case of wood, metal, or other solid material, and of such strength, construction, and character that it will not be broken or accidentally opened, or become defective or insecure whilst being conveyed, and will not allow any explosive to escape;

and any one such package shall not contain more than 45.4 kilograms of ammunition;


(k) if the explosive belongs to the 3rd division of class VI (ammunition), it shall be packed in a double package. The inner package shall not contain more than 908gms of such explosive and no more than 22.7 kilograms shall be contained in the outer package;


(l) if the explosive belongs to the 1st division of class VII (firework), it shall be contained in a double package. The inner package shall be a substantial canister, case, or other receptacle surely closed, and containing no more than 454 grams of explosive, and no more than 9 kilograms shall be contained in the outer package;


(m) if the explosive belongs to the 2nd division of class VII (firework), it shall be contained in a box, barrel, or case of wood, metal, or other solid material, and of such strength, construction, and character that it will not be broken or accidentally opened, or become defective or insecure whilst being conveyed, and will not allow any explosive to escape, and the quantity of explosive in any one package shall not exceed 45.4 kilograms.


24 Conditions


Whatever be the amount of the explosive, and to whatever class or division of a class it belongs, the following conditions shall be observed —


(a) the interior of every package, whether single or double, shall be kept free from grit and otherwise clean;


(b) every package, whether single or double, when actually used for the packing of the explosive, shall not be used for the packing of any other explosive of the same of any other class or for any other purpose, except with the consent of, and under conditions approved by the licensing officer;


(c) there shall not be any iron or steel in the construction of any such single package or inner or outer package unless the same is effectually covered with tin, zinc, or other suitable material;


(d) on the outermost package there shall be affixed, in conspicuous characters, by means of a brand or securely attached label or mark,


the word "Explosive" in white paint, followed by the name of the explosive or other description of the contents and the name and address of the owners or senders;


(e) the amount of the explosive in any single package or, if there is a double package, in any one other package, shall not exceed the amount specified in the foregoing regulations except with the consent of, and under conditions to be approved by, the licensing officer or other officer appointed by the Government in this behalf.


25 Breach relating to packing.


Whoever commits a breach of any of the foregoing regulations relating to the packing of explosives for conveyance shall be liable to a fine not exceeding $100.


MODE OF CONVEYANCE


26 Pack in prescribed manner.


No explosive shall be conveyed from place to place unless packed in the manner provided for in the foregoing regulations.


27 Sufficiently separated.


There shall not be conveyed in any carriage or vessel which is being used for the conveyance of an explosive, any explosive of a different class and division of whatsoever nature which contains its own means of ignition, unless it is sufficiently separate therefrom to prevent any fire or explosion which may take place in one such explosive being communicated to another.


28 Fire or artificial light.


Whilst the explosive is being loaded on, or unloaded out of, any carriage or vessel, no fire or artificial light, nor any article which is liable to cause or communicate fire or explosion (such as charcoal, lucifer matches, articles for striking a light, petroleum to which the Petroleum Act or any other Act for the time being in force regarding the importation, possession and transport of petroleum applies, or any spirit, or oil, or substance that gives forth an inflammable vapour at a temperature below 23.55 degrees Centigrade, shall be, or shall be allowed to be, brought, had or used dangerously near to such carriage or vessel and no smoking shall be allowed in, on or dangerously near to the same:


Provided that, when the use of a light for the purpose of such loading or unloading is unavoidable, a lamp of such construction, position or character as not to cause any danger from fire or explosion may be used.


And no person, while landing any explosive (except an explosive of class VI, division 1, or an explosive of class VII if packed in accordance with the packing regulations), shall wear boots or shoes with iron or steel nails, heels or tips.


29 Hand to hand passing.


In the loading or unloading of any explosive, the sacks and packages containing the same shall be passed from hand to hand and not rolled upon the ground; they shall not be thrown or dropped down, but shall be carefully deposited and stowed.


30 Securing explosive.


The explosive shall not be conveyed except in the interior of a carriage so enclosed on all sides with wood or metal, or in the hold of a vessel having a close deck so closed as effectually to protect the explosive against accident by fire from without. If the explosive cannot be so secured, it shall be completely covered with painted cloth, tarpaulin or other suitable material, so as to protect it effectually against communication of fire.


31 No iron or steel.


There shall not be any iron or steel in the interior of the portion of the carriage or vessel with which the case containing the explosive is in contact, unless the same is effectually covered with leather, wood, cloth or other suitable material.


32 Stowing.


In the stowing of the explosive, due precaution shall be taken by means of a partition or otherwise, and by careful stowing to secure such explosive from being brought into contact with, or endangered by, any other article or substance conveyed in such carriage or vessel which is liable to cause fire or explosion; and if the explosive is dangerously affected by water, due precautions shall be taken to exclude water from coming into contact with such explosive.


33 Amount to be conveyed.


(1) The amount of explosives conveyed in any one carriage or vessel at any one time shall not exceed 4540 kilograms.


(2) The foregoing provision of this regulation shall not apply —


(a) where the carriage be so enclosed on all sides with wood or metal, or the vessel has a close deck so closed as effectually to protect the explosives against accident by fire from without, in which case the amount of explosives conveyed shall not exceed 6.12 tonnes in any carriage or 20.4 tonnes in any vessel; or


(b) in the case of lighters used for the purpose of unloading or loading on to any vessel carrying explosives at a port if the distance from such vessel to the shore does not exceed 3.2 kilometres, provided that all due precautions are taken for prevention of accident to the satisfaction of the harbour master or other appointed person; or


(c) in the case of a vessel which is towed inside a reef, but not in any river or inland waterway, and which carries neither passengers nor crew, except a helmsman, in which case the amount of explosives conveyed shall not exceed 102 tonnes.


34 Non-application of Part V.


Nothing in the foregoing regulations of Part V hereof (except regulation 23) shall apply to any explosive of the 1st division of class VI (ammunition):


Provided that all due precautions are taken for the prevention of accidents.


35 Carrying public passengers.


(1) No explosives shall be conveyed in a carriage whilst carrying or plying for public passengers.


(2) No explosive shall be conveyed in a vessel whilst carrying or plying for public passengers, unless the quantity is less than 2.27 kilograms and notice has been given beforehand to the person in charge of such vessel:


Provided —


(a) that there shall not be conveyed in any such vessel any explosive of class V (fulminate), or any explosive of the 3rd division of class VI (ammunition), or of the 1st division of class III (nitro-compound), except —


(i) dynamite, which may be carried in the form of cartridges up to the limit of 2.27 kilograms, provided that no detonators are carried in the same compartment:


(ii) detonators to the number of 200, provided that the amount of explosives of class V (fulminate) in the detonators shall in no case exceed in the aggregate 85 grams (a certificate to this effect being given by the agent of the company or firm or by the person by whom the detonators are tendered for transport), and that no dynamite is carried in the same compartment;


(b) that where there is no available communication with any port or place except by vessel carrying passengers, it shall be lawful to ship explosives on such vessel on condition that such vessel shall be provided with a special compartment or magazine for the protection of the explosive and subject to such special conditions and restrictions as the harbour master or other authorised officer may deem fit.


36 Class V, class VI and class VII.


With respect to the conveyance by carriage or vessel of explosives of class V (fulminate), or of the 3rd division of class VI (ammunition), or of the 1st division of class VII (firework), or of larger quantities than 2.27 kilograms of any other explosive, the following regulations shall be observed —


(a) the person in charge of the carriage or vessel shall not drive or conduct the same in a dangerous or reckless manner, and shall take all due precautions to avoid fire and explosion, and no person shall do any act or thing in relation to the explosive which tends to cause fire or explosion, and is not reasonably necessary for the conveyance of the explosive or for work immediately connected with such conveyance; and a person who is intoxicated shall not have charge of any carriage or vessel conveying explosive, and shall not be permitted to be in, on, or attending the same;


(b) a person shall not forward to any warehouseman or carrier a consignment of explosive unless she has given notice to such warehouseman or carrier beforehand stating the name and quantity of the explosive proposed to be conveyed and the name and address of the proposed consignee, and has had an intimation that the warehouseman or carrier is prepared to receive the consignment; and a warehouseman or carrier shall not make such an intimation, nor receive it, and forthwith to despatch the same, or to deposit it in a magazine or at a place at which a person is licensed to possess the same;


(c) the carriage or vessel conveying the explosive shall be in charge of, and constantly attended by, some competent person, or by a sufficient number of competent persons, and such persons shall not, if the amount of the explosive conveyed exceed 45.4 kilograms, stop or delay for a longer time than may be reasonably necessary, or stop unnecessarily at any place where such stopping would be attended with special public danger.


37 Breach relating to mode of conveyance.


Whoever commits a breach of any of the foregoing regulations relating to the mode of conveyance of explosives shall be liable to a fine not exceeding $50.


PART VI - IMPORTATION AND EXPORTATION


38 Importing or exporting. Form C First Schedule.


An explosive shall not be imported, exported or removed from place to place except under and in accordance with a licence in that behalf in the Form C in the First Schedule hereto issued by a licensing officer.


39 Breach and penalty.


Whoever imports or exports an explosive in contravention of the last preceding regulation shall be liable to a fine not exceeding $400 or to imprisonment for a period not exceeding one year or to both such fine and imprisonment; and whoever removes an explosive in contravention of the said regulation shall be liable to a fine not exceeding $200.


40 To be fit for importation.


In the case of explosives of class III and class IV and such explosives of class VI divisions 2 and 3 as contain explosives of class III or class IV, the licence prescribed by regulation 38 shall not be issued unless the licensing officer is satisfied that the explosives in respect of which the licence is applied for are of such manufacture as to be fit for importation into the Kingdom.


41 Application for licence. Form B First Schedule.


Application for the licence prescribed by regulation 38 shall be made to the licensing officer in the Form B in the First Schedule hereto.


42 Vessel with explosives.


Every vessel having on board explosives as part of the cargo, or more than 45 kilograms of explosives not being part of the cargo, shall be held to be loaded with explosives:
Provided always that this regulation shall not apply to explosives of class VI, division 1, and class VII.


43 Vessel loaded with or loading explosives.


(1) No vessel loaded with or in the course of being loaded with or discharging explosives shall, without the permission of the harbour master, come or remain within the limits of a harbour defined by law.


(2) Such harbour master shall have the power to give such permission subject to such conditions with due regard to safety as he may deem fit.


44 Gunpowder signal.


Every vessel having on board explosives as described in regulation 42 shall hoist the gunpowder signal at the fore and remain outside the limits of the port.


45 Master violating regulations.


The master of any vessel who infringes the provisions of either or both of the two last preceding regulations, or who, after notice received from the harbour master to remove his vessel outside the limits of such port, continues to keep such vessel loaded with explosives within such limits, shall be liable to a fine not exceeding $200.


46 Signing declaration. Form D First Schedule.


Directly a vessel loaded with explosives (other than those of class VI, division 1, or class VII) is boarded by the harbour master or any duly appointed boarding officer, the master of such vessel shall sign a declaration in the Form D in the First Schedule hereto, and any master refusing to make such declaration or knowingly making a false declaration under this regulation shall be liable to a fine not exceeding $20.


47 Inspection by licensing officer.


The officer receiving such declaration shall, if the explosives or any part thereof are to be landed at the port, forthwith despatch it to the licensing officer who may, should he deem it necessary, board the vessel concerned and satisfy himself by inspection and search that the declaration is in accordance with the facts, and that the explosives are properly packed and labelled in accordance with the provisions of Part V of these Regulations and the master of the vessel shall afford all reasonable facilities for such inspection.


48 Offence and penalty.


Any master infringing the provisions of the last preceding regulation shall be liable to a fine not exceeding $20.


49 Inspection completed.


When the inspection, if any, is over and the requirements of regulation 40 have been complied with, the licensing officer may issue a licence under regulation 38 in respect of such of the explosives as he thinks fit.


50 Exporting etc., without licence. Form C First Schedule.


Any master of a vessel, consignee or other person who lands or attempts to land at any place in the Kingdom, or removes or attempts to remove from any one place in the Kingdom to any other, or exports or attempts to export any explosives in respect of which a licence is required by the Regulations, without a licence from the licensing officer in the Form C in the First Schedule hereto, or refuses to produce such licence when called upon to do so by any police officer not below the rank of sub-inspector or any officer in charge of a police station shall be liable to a fine not exceeding $200.


51 Notice to land, remove etc., explosives to be given.


It shall be lawful for a consignee, possessing a licence from the licensing officer, to land, remove or ship any explosives therein detailed between sunrise and sunset, after giving at least 6 hours' notice of his intention to do so to the licensing officer, and to convey them to such place as is in such permit named:


Provided that the regulations regarding conveyance of explosives set forth in Part V of these Regulations are strictly complied with.


52 Boarding vessel with or without warrant.


It shall be lawful for the licensing officer or any police officer not below the rank of sub-inspector or an officer in charge of a police station with or without warrant to board any vessel within the limits of a port suspected to have explosives on board in contravention of the provisions of the Act or of these Regulations, and to search for the same.


53 Keeping books.


Every person who shall import, export or remove from place to place any explosive under such licence as is provided for by Regulation 38 shall at all times keep books, which shall be open to the inspection of the licensing officer and of any police officer not below the rank of sub-inspector or an officer in charge of a police station, containing an accurate record of all explosives so imported, exported or removed by him; and any such person failing to keep such books or to produce them for inspection as aforesaid when required shall be liable to a fine not exceeding $100.


PART VII - SALE, POSSESSION AND PURCHASE


54 Purchasing and selling.


No person shall purchase, and no person unless he be duly authorized under regulation 10 shall sell or have in his possession any explosive other than safety cartridges except under a permit in that behalf in Form E in the First Schedule hereto:


Provided that no such permit shall be required in respect of any explosive of class VII not exceeding 2.27 kilograms.


55 Safety cartridges. Form E First Schedule.


No person shall sell any explosive other than safety cartridges to any person except on production to him by the purchaser of a permit to purchase the same in the Form E in the First Schedule hereto.


56 Offence and penalty.


Any person who has in his possession any explosives contrary to the provisions of regulation 54 or sells any explosive contrary to the provisions of regulations 54 or 55 shall be liable to a fine not exceeding $100 or to imprisonment for a period not exceeding 6 months or to both such fine and imprisonment,


57 Permit issued.


Every permit issued in pursuance of this Part of these Regulations shall show —


(a) the name and address of the person to whom the permit is granted;

(b) the quantity and nature of the explosive permitted to be sold, purchased, or possessed, as the case may be.


58 Permit in force for three months.


Permits for the sale or purchase of explosives shall remain in force for 3 months from the date of issue and no longer.


PART VIII - USE

(Inserted by G.S. 115/74.)


59 "Use" defined.


"Use" means the process of preparing and firing any explosive substance for the purpose of demolition, blasting or seismic survey.


60 Shot-firer's licence - Form H First Schedule.


No person shall use any explosive in Classes I to V inclusive unless specifically licensed in that behalf. The licence shall be termed a Shot-firer's Licence and shall be in the form set out in the First Schedule (Form H) hereto and it may be renewed on the first day of January each year on written application to a licensing officer.


61 Prerequisiters for licence.


A licence shall not be issued to any person unless the licensing officer is satisfied that such person —


(a) has detailed knowledge of the Explosives Act, and of these Regulations insofar as they relate to the handling, storage, transportation and use of explosives; and


(b) is competent to use explosives.


62 Application for licence - Form I First Schedule.


Application for the licence prescribed by regulation 611 Shall be made to the licensing officer in the form set out in the First Schedule (Form I) hereto.


63 Age for licence.


No person under the age of 21 years shall be issued with a Shot-firer's Licence.


64 Holder of valid licence permitted to do.


Only a person (hereinafter referred to as the Shot-firer) holding a valid Shot-firer's Licence shall be permitted to- —


(a) draw" explosives from any magazine or other store where explosives are licensed to be kept;


(b) load bore-holes with explosive, or otherwise prepare the explosive, for firing;


(c) fire the bore-holes, or other explosive preparations by means of —


(i) igniting the fuse (where safety fuse and No. 6 detonators are used);

(ii) activating the exploder (where electric detonators are used).


65 Responsible for security of explosives.


The Shot-firer shall be responsible for the security of the explosives(a) from any magazine to the site; and (b) on the site. He shall ensure that, in both instances referred to above, the detonators are packed separately from the explosives and are placed as far away therefrom, consistent with space and security.


66 Shot-firer's exploder.


The Shot-firer shall use only the regulation shot-firer's exploder to activate any electrically-operated explosive charge. The cable shall not be finally connected to the exploder until immediately prior to firing.


67 Red danger flags and notice boards.


The Shot-firer shall be responsible for ensuring that the requisite red danger flags and notice boards are clearly displayed prior to operations being commenced and for ensuring that all persons and animals have been evacuated from the danger area before any explosive charge is fired.


68 Smoking etc.


The Shot-firer shall not smoke or use any unprotected light, nor allow any other person to do so, within 8 metres of where any explosive substance is being prepared for firing.


69 Wood, brass, copper, etc.


The Shot-firer shall use only wood, brass or copper implements in the preparation of any explosive substance for firing. Only the regulation crimper shall be used to join safety fuse to a detonator.


70 Checking charges.


The Shot-firer shall be responsible for checking that all charges have been completely fired before allowing other persons or animals to return. The normal time delay between firing and inspection shall be not less than ten minutes.


71 Licence not transferable.


A shot-firer's licence shall not be transferable, provided that where a change of employer takes place, within the licence period, the name of the new employer shall be entered in the space provided on the licence and endorsed by the licensing officer.


PART IX - GENERAL


72 Forfeiture of licence.


Every licence granted under these Regulations shall be liable to be forfeited on breach of any of the conditions subject to which it is granted.


73 Entering, inspecting etc.


Any licensing officer, inspector, harbour master, or police officer not below the rank of sub-inspector or an officer in charge of a police station may, with or without warrant, at any time- —


(a) enter, inspect and examine any place, carriage or vessel in which an explosive is being manufactured, preserved, used, sold, transported or imported under a licence granted under the Act or these Regulations, or in which he has reason to believe that an explosive has been or is being manufactured, preserved, used, sold, transported or imported in contravention of the Act or of the Regulations made thereunder;


(b) search for explosives therein;


(c) take samples of any explosive found therein on tender of payment of the value thereof; and


(d) seize, detain, remove and if necessary destroy any explosive found therein.


74 Granting new licence.


If a person licensed to import an explosive dies or becomes bankrupt or mentally incapable or otherwise disabled, the person carrying on the business of such licensee shall not be liable to any penalty or for forfeiture for acting under the license during such reasonable time as may be necessary to allow him to make an application to the authority granting the licence for a new licence in his own name during the currency of the unexpired portion of the original licence. Such new licence shall be granted on payment of twenty five seniti.


75 Licence lost or destroyed.


When a licence granted in accordance with these Regulations is lost or accidentally destroyed, a duplicate may be granted to the licensee on payment of the fee set out in the Second Schedule hereto.


76 Producing licence.


Any person holding a licence, or acting under a licence granted in accordance with these Regulations, shall be bound to produce the same when called upon to do so by any district officer, or any police officer.


77 Matches exempted.


Matches of all sorts are exempted from the operation of these Regulations with the exception of Part III hereof, relating to the manufacture of explosives and comprising regulations 4, 5 and 6 which shall apply to the manufacture of matches and Part IV regulation 18.


78 False statement and penalty.


Any person who knowingly makes any false statement in any application required by these Regulations shall be guilty of any offence and shall be liable, in addition to the revocation of any licence which may have been granted, to a fine not exceeding $50.


FIRST SCHEDULE


FORM A


(Regulation 10)


Store

Licence to
Store and Deal in store
Explosives

is hereby licensed to (store and deal in) explosives not exceeding the amount specified below at his premises in (specify address in full)


Nature of explosive
Amount
Remarks




This licence expires on the ....................................................................................................
Dated at ................this ...............day of ....................................19 .................


......................................
Licensing Officer.


NOTE: In the case of a hulk or floating magazine the exact position thereof with reference to two fixed points is to be recorded.


FORM B


(Regulation 41)


APPLICATION FOR LICENCE TO IMPORT, EXPORT OR REMOVE EXPLOSIVES



landing

Licence is requested for the
shipping
of the undermentioned explosives

removal


Nature of explosive
Amount
From
To
Purchase for which required






Dated at ................this ...............day of ....................................19 .................


......................................
Signature of Applicant.


FORM C


(Regulation 38)


LICENCE TO IMPORT, EXPORT OR REMOVE EXPLOSIVES



Landing

Licence is requested for the
Shipping
of the undermentioned explosives

Removal


Nature of explosive
Amount
From
To





This licence expires ................................................days after the date hereof.


Dated at ................this ...............day of ....................................19 .............


......................................
Licensing Officer.


NOTE: At least six hours' notice to be given to the licensing officer before landing or removal takes place.


FORM D


(Regulation 46)


DECLARATION TO BE SIGNED BY ALL MASTERS OF VESSELS ARRIVING AT A PORT WITH EXPLOSIVES AS PART OF THEIR CARGO, OR MORE THAN 22.7 KG. NOT BEING PART OF THEIR CARGO


I ............................................Master of the vessel .......................arrived at
the port of ...................................... do hereby declare that the following is a true and accurate statement of the explosives on board as required by the Explosives Act:


Total

To be carried past the port
To be landed at the port
Description
No. of packages
Weight
No. of packages
Weight
No. of packages
Weight








Dated at ................this ...............day of ....................................19 .............


......................................
Master of the Vessel.


FORM E


(Regulation 54)



Sell

Permit to
Purchase
Explosives

Possess


.............................................. of .......................................is hereby permitted to (Specify name in full) (specify address in full)
(sell ........................................................................................................................................
(possess within three months from this date) (at his premises at .......................................... (purchase ............................................................................................................................... of the kind and amount specified below:—.....................................*) explosive


Description of explosives
Amount





Dated at ................this ...............day of ....................................19 .................


......................................
Police Officer.


* When possession is permitted the words "within three months from this date" are to be deleted. When sale or purchase is permitted the words "at his premises at ................................................................................." are to be deleted.


FORM F


(Regulation 9(7))


APPLICATION FOR STOREKEEPER'S (EXPLOSIVES) LICENCE


Full name .............................................................. Age .........................
Postal Address ................................................ Occupation .......................






"Passport"
Photograph



Employers name
.........................
And Address:
.........................

.........................

.........................

How long have you been employed by the above? ............................................yrs./mth.
have you a thorough knowledge of the Explosives Act, and of the Explosives Regulations, as amended, insofar as they relate to the handling, storage; transportation
and use of explosives?



Yes/No
Reason for application
...................................................................
Previous experience in
...................................................................
explosives storekeeping
...................................................................
(full details)
...................................................................
Competency Reference
...................................................................
Character Reference
...................................................................
Date ....................................
...................................................................

Signature of Applicant ................................


NOTE: It is an offence to furnish false information on any application.


FORM G


(Regulation 9(7))


STOREKEEPER'S (EXPLOSIVES) LICENCE


Full Name.......................Age...........


"Passport"
Photograph
Postal Address: ................................
Occupation : .....................................
Employed by
(1)...........................

(2)...........................

(3)...........................





is hereby licensed to be in charge of an Explosives Magazine in accordance with Regulation 9(7) of the Explosives Regulations as amended.


Provided that he shall —


1. (a) Have a detailed knowledge of the Explosives Act, and of the Explosives Regulations, as amended, insofar as they relate to the handling, storage, transportation and use of explosives.


(b) Be competent to receive and issue explosives.


2. Personally be responsible for the safe custody of the keys to the explosives magazine.


3. Personally issue to any authorised person in possession of a valid Shot-firer's Licence, such explosives as he may request in writing.


4. Personally receive from any authorised person in possession of a valid Shot-firer's Licence, or direct from any vessel, such explosives as are required to be stored in the magazine.


5. Personally ensure that explosives and detonators are stored in separate compartments of the magazine.


6. Personally ensure that gunpowder, blasting powder, chlorate mixtures and nitrate mixtures are NOT stored in the same magazine as explosives intended to be initiated by a detonator.


7. Personally check the exact number of sticks of explosives issued.


8. Maintain only one broken case of explosive at any one time and issue the oldest for use first.


9. Personally maintain an accurate record of all receipts and issues.


10. Not smoke or use any unprotected light, nor allow any other person to do so, within 8 metres of the magazine.


11. Maintain the magazine in a neat and tidy manner and ensure no scraps or broken portions are left on the floor of the magazine.


12. Not give or transfer this licence to any other person and, when a change of employment takes place enter details of the new employer in the space provided and have the entry endorsed by a licensing officer.


This licence is valid until 31st December, 19 .....................


Date .............................Licensing Officer ..........................................................


FORM H


(Regulation 60)


SHOT-FIRER'S LICENCE


Full Name...........................Age.........


Postal Address: .................................


Occupation: .....................................


Employed by
.................................

"Passport"

.................................

Photograph

.................................









is hereby licensed to use explosives of Classes .................................................. in accordance with regulations 60 and 3 of the Explosives Regulations, as amended whilst employed as above.


Provided that he shall —


1. (a) have a detailed knowledge of the Explosives Act, and of the Explosives Regulations, as amended, insofar as they related to the handling, storage, transportation and use of explosives;


(b) be competent to use explosives.


FORM I


(Regulation 62)


APPLICATION FOR A SHOT-FIRER'S LICENCE


Full Name..........................................................
Age................
Years
Postal Address.....................................................
Occupation ...................
Employers Name ..............................


and Address: ..................................


...................................................


How long have you been employed by the


above ..................................years




"Passport"
Have you a thorough knowledge of the

Photograph
Explosives Act, and of the Explosives


Regulations, as amended, insofar as they


relate to the handling, storage,


Transportation and use of explosives


YES/NO



Reason for application ..................................................................................................... ........................................................................................................ Previous experience in use of explosives (full details, with date if possible).............. ........................................................................................................ Competency Reference .................................................................................................... ........................................................................................................ Date .............................Signature of Applicant ...................................................... NOTE: It is an offence to furnish false information on any application.


SECOND SCHEDULE


FEES LEVIABLE UNDER THE REGULATIONS


(Regulations 21 and 62)
(a)
For every licence for a hulk or floating magazine for
$40.00

explosives, yearly

(b)
For every licence for a store or magazine for explosives
6.00
(c)
For every licence for a shop to store and deal in explosives,
8.00

yearly

(d)
For every licence for a shop to store and deal in fireworks only,
2.00

yearly

(e)
For every permit to import, export or remove explosives
.40
(f)
For every licence to store explosives temporarily under
.40

regulation 19

(g)
For every permit to purchase, sell or possess explosives
.40
(h)
For the issue of a duplicate licence under regulation 62
.40
(i)
Fees for the storage of explosives in Government magazines or premises

(1) For each package containing 22-7 Kg. and under, per week or part thereof
.10

(2) For each package containing over 22.7 Kg. per week or part thereof.
.05

Provided that the Prime Minister may, at his discretion, waive the fees required under (i)(1) and (2) hereof.


THIRD SCHEDULE


TABLE OF DISTANCES


(Regulation 9)


Allowable amount of explosives in magazine or other storage building
(a) Any other storage belonging to same occupier or by mutual consent of respective occupiers; high way; canal; pier; open place of resort; mineral or private railway
(b) Any other magazine other than as provided in (a) furnace, boiler, kiln, engine or machine workshop, shop
(c) Dwelling house with occupier's consent in writing
(d) Dwelling house without occupier's consent; church; school; other building where persons are accustomed to assemble
Kg
Distances (in metres) to be kept clear from

227
45.75
45.75
45.75
91.50
454
45.75
68.62
68.62
137.25
908
45.75
91.50
91.50
183.00
1362
46.66
92.41
100.65
219.60
1816
47.58
93.33
109.80
256.20
2270
47.58
95.16
118.95
292.80
2724
48.49
96.07
128.10
333.97
3178
48.49
96.99
132.67
370.57
3632
49. 41
98.82
141.82
407.17
4086
49.41
99.73
150.97
443.77
4540
50.32
100.65
160.12
480.37
5448
51.24
102.48
173.85
539.85
6356
52.15
104.31
187.57
599.32
7264
53.07
106.14
201.30
658.80
8172
53.98
107.97
215.02
718.27
9080
54.90
109.80
228.75
777.75
11350
57.34
114.37
263.21
937.87
13620
59.47
118.95
297.37
1098.00
15890
61.91
123.52
331.84
1245.31
18160
64.05
128.10
366.00
1395.37
20430
66.49
132.67
400.46
1544.21
22700
68.62
137.25
434.62
1692.75
24970
71.06
141.82
469.09
1841.59
27240
73.20
146.40
503.25
1990.12
29510
75.64
150.97
537.71
2138.96

Allowable amount of explosives in magazine or other storage building
(a) Any other storage belonging to same occupier or by mutual consent of respective occupiers; high way; canal; pier; open place of resort; mineral or private railway
(b) Any other magazine other than as provided in (a) furnace, boiler, kiln, engine or machine workshop, shop
(c) Dwelling house with occupier's consent in writing
(d) Dwelling house without occupier's consent; church; school; other building where persons are accustomed to assemble
Kg
Distances (in metres) to be kept clear from
31780
77.77
155.55
571.87
2287.50
34050
80.21
160.12
606.34
2447.62
36320
82.35
164.70
640.50
2607.75
38590
84.79
169.27
674.96
2756.59
40860
86.92
173.85
709.12
2905.12
43130
89.36
178.42
743.59
3081.41
45400
91.50
183.00
777.75
3202.50
Where additional protection either by natural features of the ground or by good and substantial mounds or barricades of earth of adequate height is provided the distances as set out in the Table may be reduced to one half. Provided that when a natural hill so intervenes as to afford a degree of protection which in the opinion of a licensing officer justifies a further reduction the distance may be reduced to one quarter.


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