Explosives Act


Published: 1970-01-01

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Explosives Act
EXPLOSIVES [CH.215 – 1


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

EXPLOSIVES

CHAPTER 215

EXPLOSIVES

LIST OF AUTHORISED PAGES

1 – 6 LRO 1/2006



ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Inspectors of Explosives.
4. Importation of explosives without permit prohibited.
5. Restriction on conveyance of explosives.
6. Power to make regulations.
7. Forfeiture of licence or permit.
8. Penalty for causing explosion.
9. Obstructing or resisting Inspector.


EXPLOSIVES [CH.215 – 3


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

CHAPTER 215

EXPLOSIVES
An Act to consolidate and amend the law relating

to the manufacture, importation, sale, storage, use and
disposal of explosives and matters incidental thereto.

[Assent 4th July, 1968]
[Commencement 1st January, 1970]

1. This Act may be cited as the Explosives Act.
2. In this Act, unless the context otherwise requires —
“explosives” means —

(a) gunpowder, nitroglycerine, dynamite,
guncotton, blasting powders, fulminate of
mercury or of other metals, coloured fires,
and every other substance which is used or
manufactured with a view to producing a
practical effect by explosion or a
pyrotechnic effect;

(b) any fuse, rocket, detonator, cartridge and
every adaptation or preparation of any
explosive as herein defined;

(c) any other substance which the Minister
may from time to time by notice published
in the Gazette declare to be an explosive;

“Inspector” means an Inspector of Explosives
appointed under the provisions of section 3 of
this Act;

“Minister” means the Minister responsible for
Explosives and Volatile Substances;

“regulations” means regulations made under section
6 of this Act.

3. The Minister may from time to time designate
one or more —

(a) Administrators; or
(b) members of The Royal Bahamas Police Force

of and above the rank of inspector; or
(c) engineers who are public officers,

17 of 1968
E.L.A.O., 1974

Short title.

Interpretation.

E.L.A.O., 1974.

Inspectors of
Explosives.
E.L.A.O., 1974.

CH.215 – 4] EXPLOSIVES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

to be Inspectors of Explosives for the purpose of issuing or
granting licences, certificates, permits and permission
required by any regulations and generally for carrying out
and supervising the carrying out of this Act and the
regulations.

4. (1) No person shall import into The Bahamas
any explosives except under and in accordance with the
terms of a valid permit previously issued by the
Commissioner of Police.

(2) Application for a permit to import explosives
shall be made in the manner prescribed by the regulations.

(3) Any person who contravenes the provisions of
subsection (1) of this section shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
five hundred dollars or to imprisonment for a period not
exceeding three months or to both such fine and
imprisonment.

5. (1) No person shall convey or allow any other
person subject to his direction, orders or supervision to
convey any explosives whether by land or sea within The
Bahamas except in accordance with the provisions of the
regulations.

(2) Unless the Commissioner of Police in any
particular case otherwise directs, any person who imports
explosives into The Bahamas shall ensure that such
explosives are forthwith conveyed to a magazine or to their
proper destination under the charge or supervision of a
person authorised by the regulations.

(3) Any person who contravenes the provisions of
this section shall be guilty of an offence and liable on
summary conviction to a fine not exceeding five hundred
dollars or to imprisonment for a period not exceeding three
months or to both such fine and imprisonment.

6. The Minister may make regulations for carrying
into effect the provisions of this Act and, in particular and
without prejudice to the generality of the foregoing —

(a) providing for the appointment of officers for the
purpose of carrying out, and supervising the
carrying out, of the provisions of this Act and of
the regulations;

(b) regulating the transport and storage of
explosives;

Importation of
explosives
without permit
prohibited.

Restriction on
conveyance of
explosives.

Power to make
regulations.

EXPLOSIVES [CH.215 – 5


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(c) regulating the sale of and dealing in explosives;
(d) prohibiting the introduction of explosives into

any specified areas;
(e) prohibiting or regulating the manufacture of

explosives;
(f) regulating the use of explosives and the amount

of explosives to be kept in any store;
(g) regulating the disposal of explosives;
(h) prescribing storage charges and the fee to be

paid for any licence or permit issued or
examination or inspection made under or in
pursuance of the regulations;

(i) providing for the seizure and forfeiture of any
explosives in respect of which any offence
against the regulations has been committed;

(j) providing for the issue, suspension or
cancellation of blasting licences and permits;
and

(k) providing for the punishment of any person who
contravenes any of the provisions of the
regulations, or of any order, or the terms,
requirements or conditions of any licence,
permit or authority, lawfully issued under the
provisions of this Act or of such regulations:

Provided that no such punishment shall
exceed a fine of five hundred dollars,
imprisonment for three months or both such
fine and imprisonment.

7. Any person convicted of an offence against the
regulations who holds a licence or permit issued in
pursuance of the regulations shall be liable, in addition to
any other punishment, to cancellation of his licence or
permit or to suspension thereof for such period as the court
dealing with the offence thinks fit.

8. (1) Any person who negligently causes an
explosion whereby any person is killed or injured, or the
life of any person is endangered or whereby any property is
endangered, damaged or destroyed, shall be guilty of an
offence and shall be liable on summary conviction to a fine
not exceeding seven hundred and fifty dollars, or to
imprisonment for a term not exceeding six months.

Forfeiture of
licence or permit.

Penalty for
causing
explosion.

CH.215 – 6] EXPLOSIVES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) Nothing in this section contained shall be
construed as exempting any person from being charged and
punished under the common law or any other law in
respect of any act as is described in this section:

Provided that no person shall be liable to be punished
twice for the same criminal act.

9. Any person who wilfully obstructs, resists or
molests an Inspector or any other person duly authorized
by any provisions of the regulations in the performance of
any of his duties under this Act or the regulations shall be
guilty of an offence and liable on summary conviction to a
fine not exceeding five hundred dollars or to imprisonment
for a period not exceeding three months or to both such
fine and imprisonment.

Obstructing or
resisting
Inspector.

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