Explosives Act

Link to law: http://laws.gov.ag/acts/chapters/cap-159.pdf
Published: 1949

Explosives (CAP. 159 1

CHAPTER 159

T H E EXPLOSIVES ACT

Arrangement of Sections
Scction

1 . Short title.
2 . Interpretation.
3. Importation &c. , of explosives.
4. Mooring of vessels having explosives on board.
5 . Provision for storage of explosives.
6 . Notice of arrival of vessel to be given.
7 . Landing of explosives.
8 . Storage of explosives.
I) . Licence to deal in or sell or ~u rchase explosives.

10. Power of entry.
1 1 . Search.
1 2 . Power to make regulations.
1 :3. Penalty.
14. . Forfeiture of explosives.
15 . Forfeiture of licence.

FIRST SCHEDULE.
SECOND SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Explosives (CAP. 159 3

EXPLOSIVES

An Act to provide for the safe storage of explosives.

(3 1st October, 1949.) 1011949.
1811989.

S.I . 3911989.

1. This Act may be cited as the Explosives Act. Short title.

2. In this Act- Interpretation.

"Comptroller of Customs" means the officer for the
time being performing the duties of Comptroller
of Customs and includes anv Customs officer
authorized by the Comptroller of Customs in that
behalf;

' 6 explosive" means gunpowder, nitro-glycerine, carbon
bisulphide, dynamite, gun-cotton, blasting powders,
fulminate of mercury or of any other metals,
coloured fires, 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 or a pyrotechnic effect; also fog
signals, fire-works, fuses, rockets, percussion caps,
detonators, cartridges, ammunition of all descrip-
tions, and every adaptation or preparation of an
explosive as above defined;

"Government explosives store" means any place
provided by the Minister for the storage of
explosives;

"prescribed" means prescribed by the Cabinet by
regulations made under the provisions of this Act;

"vessel" includes every kind of steam or sailing vessel,
hulk, lighter, flat, boat or any kind of craft used
for the conveyance of persons or things by water.

3. The Cabinet may by order published in the Gazette ~ ~ g ~ $ ~ , ~ c . ~
prohibit absolutely or subject to conditions or restrictions

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 159) Explosives

the manufacture, the keeping, the importation and the sale
of any explosive.

Mooring of 4. (1) Every vessel having on board as cargo any
vessels having
explosives on explosive and entering or being in any port in Antigua and
board. Barbuda shall conform to all regulations made under this

Act in relation to the mooring of, and the notice or warning
to be given by, such vessels.

(2) It shall be lawful for the Harbour Master or any
person acting under his orders to cause any vessel acting
in contravention of any such regulations to be removed at
the expense of the owner or master thereof to such place
as may be prescribed, and the expenses incurred in such
removal may be recovered by the Harbour Master as a civil
debt in a court of competent jurisdiction.

Provision for
storage of

5 . (1) The Minister shall provide a place hereinafter
explosives. referred to as the Government explosives store for the storage

of explosives imported into Antigua and Barbuda.

(2) The owner of any explosives stored in a Govern-
ment explosives store shall pay to the Comptroller of Customs
such charges as may from time to time be prescribed.

Notice of arrival
of vessel to be

6. (1) The master, owner or agent of any vessel
given. having on board as cargo any explosives shall on the arrival

of such vessel in any port in Antigua and Barbuda and before
landing such explosives furnish the Harbour Master with
the following particulars-

(a) the nature of such explosives,

(b) the quantity of such explosives,

(c) the marks of such explosives, and

(d) the method of packing.

(2) If any explosives are landed in contravention of this
section the master, owner and agent of such vessel shall be
guilty of an offence against this Act.

Landing of 7. (1) All explosives imported into Antigua and
explosives.

Barbuda shall be landed under the supervision of a Customs

LAWS OF ANTIGUA AND BARBUDA

Explosives (CAP. 159 5

officer and be stored immediately in a Government explosives
store.

In this subsection the expression "explosives" means
gunpowder, nitro-glycerine, carbon bisulphide, dynamite,
gun-cotton, blasting powder and such other substances as
the Cabinet may by order prescribe.

(2) Any person contravening the provisions of this
section shall be guilty of an offence against this Act.

8. (1) Save as expressly provided in subsection (2) Storage of
explosives. all explosives shall be stored in a Government explosives store

or in a building or place approved by the Comptroller of
Customs.

(2) The provisions of subsection (1) shall not apply to
the storage of explosives-

(a) for private use where the quantity so stored does
not exceed five pounds;

(b) kept for sale where the quantity so stored does
not exceed twenty-five pounds and such explosives are
kept and stored in accordance with the terms of the
licence granted under the provisions of this Act; or

( c ) in any place approved by the Comptroller of
Customs which is not less than half a mile from any
city, town, village or settlement in Antigua and Barbuda.

(3) In this section the expression "explosives" means
gunpowder, nitro-glycerine, carbon bisulphide, dynamite,
gun-cotton, blasting powder and such other substances as
rhc Cabinet may by order prescribe.

(4) If.any explosives are kept or stored in contravention
of the provisions of this section the owner of such explosives
shall be guilty of an offence against this Act.

Licence to deal 9. (1) The Comptroller of Customs may grant a .
In or sell or

licence to any person to deal in or sell explosives in accordance purchase
with the prescribed regulations. explosives.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 159) Explosives

(2) The Comptroller of Customs may grant a licence
to any person to purchase explosives in accordance with the
prescribed regulations.

(3) Any person-

(a) dealing in or selling or purchasing explosives
who shall not be licensed in accordance with the
provisions of subsection (1) or (2) respectively, or

( 6 ) being the holder of a licence granted under the
provisions of subsection (1) or (2) deals in or sells or
purchases explosives otherwise than in accordance with
the terms of such licence shall be guilty of an offence
against this Act.

Power of entry. 10. It shall be lawful for the Comptroller of Customs
or any police officer at all reasonable times and without notice
to enter any place in which explosives are kept or stored
for sale for the purpose of ascertaining whether the provisions
of this Act and the regulations made thereunder are being
complied with.

Search. 1 . (1) It shall be lawful for any Magistrate on
reasonable cause assigned upon oath to issue a warrant under
his hand for searching any place in which explosives are
suspected to be kept contrary to the provisions of this Act
or any regulations made thereunder.

(2) A sample of any explosive or an ingredient of any
explosive, and any substance reasonably supposed to be an
ingredient of any explosive found in any such place, may
be taken by the person executing the search.

Power to make
regulations.

12. It shall be lawful for the Cabinet to make and,
when made, vary and revoke regulations for the manage-
ment, safety and control of Government explosives stores
and generally for carrying out the provisions of this Act,
and to attach to any breach of any such regulation a penalty
not exceeding five thousand dollars:

Provided that until such regulations shall be made the
Schedules. regulations contained in the Schedules shall be in force.

LAWS OF ANTIGUA AND BARBUDA

Explosives (CAP. 159 7

13. Any person found guilty of an offence against this pena'ty
Act shall be liable on summary conviction to a fine not
exceeding five thousand dollars.

14. All explosives kept o r stored in contravention of f;;kii;g.~f
the provisions of this Act or of any regulations made
thereunder shall be forfeited to the Crown.

15. If any person to whom a licence may be granted Forfeiture of
licence.

under the provisions of this Act or any regulations made
thereunder shall be convicted of any offence against this Act,
such licence shall upon conviction become void.

FIRST SCHEDULE S. 12

REGULATIONS FOR THE USE AND MANAGEMENT OF GOVERNMENT
EXPLOSIVES STORES AND TO FIX CHARGES I N RESPECT OF EXPLOSIVES

STORED THEREIN

1. Government explosives stores shall be under the con- Control and
management. trol and management of the Comptroller of Customs.

2. All explosives shall be stored under the supervision of storage of
explosives.

a Customs officer.

3. No damaged package shall be stored in a Government Damaged
explosive store. If any package in a Government explosives store packages'
is found to be damaged the owner thereof shall be notified and
hc shall deal immediately with such package in accordance with
the instructions of the Comptroller of Customs and if the owner
Sails to comply with such instructions he shall be guilty of an offence.

4. (1) Any person desiring to take any explosive from a Deliveries
Government explosives store shall give not less than two hours
notice to the Comptroller of Customs.

LAWS OF ANTIGUA AND BARBUDA

CAP. 159) Explosiue~

Notice and
barriers.

Precautions
against fire.

Charges.

Copy of
regulations to
displayed.

(2) All deliveries from a Government explosives store shall
be made under supervision of a Customs officer. Deliveries will
be made only at the following times.

Monday
Tuesday 1 between 8 a.m. and 12 noon Wednesday and between 1 p.m. and 4 p.m. Friday
Thursday between 8 a.m. and
Saturday 1 12 noon

Deliveries will not be made on Public Holidays. 9

5. The Comptroller of Customs may by appropriate notice 1
erected on or near a Government explosives store prohibit any
person not having bonajide business thereat from approaching such
store within the limits set out in such notice. Any person not hav- +
ing bonafide business at the Government explosives store and ap- I
proaching within a limit so prohibited shall be guilty of an offence. 3

The Comptroller of Customs may erect such barrier or bar- 9
riers near thereto or around a Government explosives store as
he shall think fit. d

i 6. (1) No person shall smoke or have any naked flame in
Z or within a distance of sixty feet of any Government explosives

store. 4
;

(2) No person in a Government explosives store shall have
on or about his person any matches or implements for producing
flame or fire or any materials for smoking.

(3) Any person contravening sub-paragraphs (1) and (2) of
this regulation shall be guilty of an offence.

7. The rent for any explosives stored in a Government ex-
plosives store shall be as follows:

For every five cubic feet of space occupied by an explosive,
inclusive of the containers and packing thereof, the sum of six-
teen cents for each calendar month or any part thereof, and so
on in proportion for any greater or lesser space occupied:

Provided that no rent shall be charged for the first forty-eight
hours.

8. A copy of these regulations shall be displayed in a con-
be spicuous place in every Government explosives store and in the

Treasury.

LAWS OF ANTIGUA AND BARBUDA

Explosives (CAP. 159 9

SECOND SCHEDULE S. 12.

1. (1) A licence to deal in and sell explosives may be Form of licence.
granted by the Comptroller of Customs at his discretion and shall
be in the following form:

Licence is hereby granted to .....................................
of .................................................... to deal in and sell
explosives in accordance with the provisions of the Explosives Act
and the regulations made thereunder, and in accordance with the
special terms endorsed hereon, in and from his premises known as

............................................................. and situated

........ ................... This licence expires on the day of
19.. ..........

.........................................
Comptroller of Customs.

(2) A licence to purchase explosives may be granted by the
C;omptroller of Customs at his discretion and shall be in the follow-
ing form and entry thereon shall be made, as indicated, by the
vendor of the explosive or his agent, at the time of sale of the
rxplosive:

..................................... Licence is hereby granted to
.................................................... 01' to purchase (insert

quantity here) of (insert nature of explosive here) in accordance
with the provisions of the Explosives Act, and the regulations made
thereunder.

LAWS OF ANTIGUA AND BARBUDA

CAP. 159) Explosives

Fee.

Appeal.

T o be filled i n by vendor of explosive or his agent.

This licence expires on the ......... day of ..................
19.. ........

Date of
purchase.

Date .............................

.........................................
Comptroller of Customs.

Nature and
quantity of
explosive.

2. The fee for any licence granted under sub-paragraph
(1) of paragraph 1 of these regulations shall be twenty-four cents
per quarter or any part thereof, and the fee for a licence under
sub-paragraph (2) of paragraph 1 shall be twelve cents for each
licence and shall be paid in stamps to be affixed to the licence.

3. Any person aggrieved by the grant of or refusal of a
licence under these regulations by the Comptroller of Customs
may appeal to the Cabinet and the decision of the Cabinet thereon
shall be final.

Name
vendor.

Signature of
vendor or his

agent.
Read Entire Law on laws.gov.ag