EXPLOSIVES [CH.215 – 3

LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 215

EXPLOSIVES

EXPLOSIVES REGULATIONS

(SECTION 6) [Commencement 1st January, 1970] Preliminary

1. These Regulations may be cited as the Explosives Regulations.

2. In these Regulations the term — “Act” means the Explosives Act; “blasting licence holder” means a person who holds a

valid blasting licence issued by an Inspector in accordance with these Regulations;

“firework” shall include any explosive such as amorces, bengal matches, confetti bombs (joke bombs), electric sparklers (aluminium or magne- sium torches), explosive corks, snaps for Bon- Bon crackers and other manufactured fireworks and all signal rockets, Verey signal cartridges and any other pyrotechnic articles for signalling and life-saving;

“magazine” means any building or structure licensed or authorised under these Regulations for the storage of explosives;

“permit holder” means a person holding authority to import or to possess explosives under the Act and these Regulations and, in the case of a company holding such authority, shall mean the manager of such company.

Import 3. (1) A permit to import explosives under section 4

of the Act shall be in Form A in the First Schedule to these Regulations, shall be valid for twelve months from the date

S.I. 65/1969

Citation.

Interpretation.

Importation permit.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

of issue, shall be obtained in the manner prescribed in the Second Schedule to these Regulations, and shall be deemed to be a permit to possess the explosives so imported.

(2) The Commissioner of Police or his duly authorised representative may issue to any owner of a licensed magazine a general authority to import, possess and dispose of explosives and such authority shall be valid for twelve months from the date of issue; every owner so authorised shall render to the Commissioner a quarterly return within the month succeeding each quarter containing details of all explosives on hand at the beginning and end of the quarter and all explosives received and issued by such owner. The Commissioner of Police may at any time revoke any such authority.

(3) The fee payable for any importation permit shall be two dollars per annum.

4. While the loading or unloading from any vehicle or the conveyance, handling, storing, guarding or using of explosives is being carried out, all persons so engaged shall take all due precautions for the prevention of accidents by fire, explosion or concussion and for preventing un- authorised or incompetent or unfit persons from having access to the explosives and shall abstain from any act which tends to cause fire, explosion or concussion and is not reasonably necessary in connection with such opera- tions and shall use every reasonable endeavour to prevent any other person from committing such act, and any other person who, after being warned, commits any such act shall be deemed to commit a breach of this regulation.

5. (1) An Inspector may by requisition in writing draw the attention of a permit holder to any practice not specifically dealt with in these Regulations which appears to be of a dangerous or defective character and he may issue such orders with regard to the cessation or modifica- tion of such practice as he may think fit and the permit holder shall comply with any such requisition.

(2) It shall be competent for a permit holder, on receiving such orders, to submit his objections to such orders in writing to the Director of Public Works and for the Director to modify or withdraw any such orders.

General authority.

Care in loading, unloading and storing.

Dangerous or defective practices.

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6. (1) Whenever the manager, agent or servant of a permit holder does or omits to do anything in contravention of any provision of these Regulations, such permit holder shall be deemed himself to have contravened such provision, and shall be responsible for such act or omission and be liable on conviction, if any penalty is prescribed therefor, to such penalty, unless he proves to the satisfaction of the court that —

(a) in doing or omitting to do such thing, such manager, agent or servant was acting without his connivance or permission; and

(b) all reasonable steps were taken by him to prevent any act or omission of the kind in question; and

(c) it was not under any condition, or in any circumstances, within the scope of the authority, or the course of the employment, of the manager, agent or servant, to do or omit to do acts, whether lawful or unlawful of the kind in question:

Provided that the fact that the permit holder issued instructions forbidding any act or omis- sion of the kind in question shall not, of itself, be accepted as sufficient proof that he took all reasonable steps to prevent tire act or omission.

(2) Whenever a permit holder is, by virtue of the provisions of paragraph (1) liable for anything done or omitted by another person, such person shall also be liable therefore as if he were the permit holder:

Provided that the provisions of this regulation shall not relieve such other person from any other liability which he may have incurred apart from the liability which he shares with the permit holder.

(3) The permit holder shall report in writing to the Director of Public Works any breach in relation to any permit held by him, of any provision of these Regulations. Such report shall be made as soon as may be practicable after the occurrence of such breach.

(4) The permit holder shall keep a register in which he shall enter full particulars of any breach of these Regulations. Such register shall be open to inspection at any time by an Inspector.

Duties of permit holder.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Conveyance 7. During conveyance within The Bahamas by land,

sea or air, explosives shall always be in the charge of a person authorised by an Inspector and at resting places they shall be under the care of a watchman by day and night.

8. No person shall convey or allow any other person to convey detonators in the same vehicle with other explosives:

Provided that this regulation shall not be deemed to apply to the conveyance of detonators in the same vehicle with other explosives if the total number of detonators does not exceed 2,000 in all and the following conditions as to packing are complied with —

(a) the detonators shall be packed in inner packages with sawdust and felt in a strong case which case shall be packed in a strong outer case with sawdust, straw or other similar material and so secured that a space of not less than three inches is left between the outside of the inner case and the inside of the outer case, and

(b) the case containing detonators shall be stowed in the vehicle as far away from other explosives as is reasonably practicable.

9. No person shall convey or allow any other person to convey explosives, other than fireworks, in any vehicle or aircraft which is at the same time being used for the conveyance of passengers or Her Majesty’s Mails and, except with special permission in writing of an Inspector, no explosives shall be conveyed on the same vehicle with goods of a dangerous character such as inflammable material, acids, chemicals, compressed gases, fireworks, forage, fuse-lighters, matches, substances liable to spontaneous combustion, waste, machinery or parts thereof, metal implements such as tools, plough-shares, iron standards and the like, or any other articles or material having exposed iron or steel.

10. If any explosives are not effectively protected by being conveyed in the interior of a vehicle which is enclosed on all sides with wood or metal, from accident by fire from without, they shall be completely covered with painted cloth, tarpaulin or other suitable material, so as effectually to protect them against fire.

Conveyance.

Detonators.

Prohibition of conveyance of explosives in certain vehicles.

Protection of explosives from fire.

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11. Every vehicle used for the transport of explosives other than fireworks shall have affixed to it at each side, so as to be distinctly visible from the front and rear, a red flag at least eighteen inches square.

12. No person shall drive or allow any other person to drive any road vehicle conveying explosives other than fireworks at a speed exceeding 20 miles per hour.

13. No person shall smoke or allow any other person to smoke whilst conveying explosives or whilst on, in or attending any vehicle containing explosives or whilst acting as watchman over explosives.

14. In the conveyance of explosives the person in charge shall proceed with all due diligence at all times to the proper destination and on arriving thereat shall, unless an Inspector otherwise directs, immediately store the explosives, other than fireworks, in magazines or authorised storage boxes as laid down in these Regula- tions.

15. No person shall keep or allow any other person to keep explosives, other than fireworks, in any building used at the same time as a dwelling place. At resting places on overland journeys explosives shall be placed on the outskirts of towns and villages and at a reasonable distance from any dwelling.

Storage 16. (1) No person shall store explosives on or below

the surface of the ground otherwise than in accordance with these Regulations.

(2) No person shall store explosives except either in a Government magazine or explosives store or in a magazine licensed under these Regulations.

(3) The Commissioner of Police shall be the keeper of all government magazines and explosives stores in New Providence and shall appoint a keeper for every Govern- ment magazine or explosives store in the Out islands.

17. Every magazine and storage box shall be kept securely locked except during the issuing or storing of explosives and the keys shall be held in the custody of a person authorised in writing by the person to whom the licence in respect of the magazine or storage box has been

Red flag.

Speed of vehicle.

Smoking prohibited.

Care in transit.

No explosives in dwelling houses.

Storage.

Magazines and boxes.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

granted who shall be in charge of such magazine or storage box and who shall also be responsible for the issue, receipt and storage of the explosives. No delivery of explosives shall be made from any magazine or storage box to any person other than a person authorised as aforesaid or any person holding a blasting licence or permit.

18. Explosives shall be stored in magazines in regular layers not more than six feet high, unless special permission for any greater height has been obtained in writing from an Inspector, and in such manner as readily to admit of inspection and extraction of the explosives in rotation. Wooden runners shall be placed between the floor and the bottom layer of the cases of explosives.

19. Care should be taken to prevent concussion in the storage of explosives in any magazine or storage box and no iron or steel tools or inflammable material shall be allowed in any magazine or storage box, neither shall any inflammable material be near any such storage.

20. No person shall take a naked light into any magazine and no person shall smoke or carry or have about him any fire, matches, or any substance or article likely to cause fire or explosion while in or near any part of a magazine or authorised storage box. An efficient electric torch shall be kept in a convenient position near the door inside all underground magazines unless such magazines are provided with permanent electric light and all persons working underground are supplied with electric hand or cap lamps.

21. All electrical wiring in magazines shall be installed in a rigid conduit with screwed waterproof points and such conduit shall be permanently earthed.

22. The switches and fuses for the lighting circuits of magazines shall be installed in a fire-proof cabinet on the outside of the building. Such fuses for lighting shall not exceed 10 ampÒre capacity.

23. No aerial or below ground power line, other than that for carrying light to a magazine, shall be carried at a closer distance than one hundred feet from the magazine.

24. No cultivation, shrubs or weeds liable to cause danger from fire shall be permitted within a distance of twenty-five yards from any magazine.

Storage in magazines.

Care in storage.

Naked lights, matches or smoking.

Electrical wiring in magazine.

Electrical switches and fuses.

Power lines.

Cultivation.

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25. In cases where it is necessary to open a package containing explosives stored in a magazine, care shall be taken to remove it to a safe distance from the magazine, where it shall be opened and reclosed with care by a person authorised by the permit holder.

26. Whenever it is necessary to carry out major repairs on any magazine, the explosives shall be removed to a safe distance therefrom until the repairs are completed.

27. No scraps or broken portions of cartridges shall be left lying on the floor of or in close proximity to any magazine or storage box.

28. (1) In every licensed magazine there shall be kept a register of all explosives therein showing the dates when such were obtained, from whom they were obtained and the details thereof, and similarly there shall be shown all issues of explosives from such magazine, the date of such issues and the person or persons to whom such explosives were issued. Such register shall be open to inspection at all reasonable times by an Inspector. An Inspector may at any time call for a return showing the details contained in any such register. A duplicate of any such register shall be kept by the permit holder in some other safe place apart from the magazine.

(2) On receipt of explosives each case shall be distinctly marked with the date of receipt and shall be stored in such a manner that the date of receipt so marked is clearly visible.

29. It shall be lawful for an Inspector to order the destruction of any explosives which in his opinion have become unfit for use and, unless otherwise ordered by the Inspector, the same shall be forthwith destroyed as directed by the Inspector by a person who is a blasting licence holder and no compensation shall be paid therefor.

30. All magazines shall be opened without let or hindrance to inspection by an Inspector.

31. Detonators shall not be stored with any other explosives, safety fuses excepted. The requirements of regulation 74 must also be complied with.

Opening of packages.

Repairs.

Broken cartridges.

Register of explosives.

Destruction by order.

Inspection.

Detonators stored apart.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

32. A copy of these Regulations and the original authorization or licence issued in respect of the magazine shall be posted or hung up where they can be most conveniently seen and read in or at each magazine.

Magazines 33. No surface magazine shall be used for the storage

of more than twenty cases or 1,000lbs. of explosives other than detonators, or for more than 15,000 detonators, unless such magazine (in these Regulations referred to as a “licensed magazine”) has been authorised by licence for that purpose by an Inspector. Such licence shall be in the Form B in the First Schedule hereto, shall be valid for a period of twelve months from the date of issue and shall specify the nature and maximum amount of explosives which may be stored; may require that such explosives shall be stored in such a manner that any person entitled to inspect such magazine shall be able to see each individual package, and may contain such other special conditions as such Inspector may think fit. No explosives shall be stored to a greater amount or in a manner other than that specified; no detonators shall on any pretence whatever be stored with or permitted in the same licensed magazine with other explosives, and it shall also be the duty of the authorised person in charge to see that all conditions and the regulations for such storage are observed.

34. A licence issued under regulation 33 may be revoked by the Minister at his discretion or on the conviction of the owner of the licensed magazine or of the authorised person in charge for contravention of any of the requirements or conditions specified in such licence.

35. The fee payable for a licence issued under regulation 33 shall be one hundred dollars per annum.

36. (1) Licensed magazines shall be substantial build- ings capable of being made properly secure against unlawful entry.

(2) Detailed plans and specifications shall be submitted and the approval of an Inspector obtained before the construction of any proposed licensed magazine is commenced.

Posting of Regulations in magazines.

Licensed magazine: General conditions.

Revocation of licence.

Licence fee.

Licensed magazines: requirements.

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37. Except when exempted by an Inspector in writing the construction of any licensed magazine shall be as prescribed in regulations 38 to 54 inclusive.

38. The walls of a licensed magazine shall be of burnt brick, concrete or masonry and smooth finished with cement plaster on the inside.

39. The roof principals of a licensed magazine shall be constructed of timber or fabricated steelwork, and the roofing material may be flat or corrugated iron or asbestos sheets. No other material shall be used for roof construc- tion unless the same shall have first been approved by an Inspector.

40. In every licensed magazine there shall be a ceiling of heat insulating and non-inflammable material with adequate roof ventilation above it.

41. The floor of a licensed magazine shall be properly covered with close boarding or other approved material which will prevent accumulation of any grit or dust thereon and shall be raised at least six inches above the ground level and be ventilated so as to ensure its being dry at all times. All nails and screws shall be countersunk.

42. The doors of a licensed magazine shall be made of stout timber faced with steel on the outside, the hinges to be bolted with the nut on the inside and the lock shall be of a pattern approved by an Inspector. The ventilation spaces shall be securely protected from unlawful entry by strong steel bars or screening grouted into the walls.

43. Partitions and shelves of a licensed magazine shall be of timber with all nails and screws countersunk and there shall be no exposed metal fittings other than brass therein.

44. A maximum Fahrenheit or Centigrade thermo- meter shall be kept on a wall in every licensed magazine and readings shall be taken each time the magazine is opened and the thermometer re-set to the temperature then obtaining.

45. At least one fire extinguisher of an approved pattern and size shall be kept in a readily accessible position inside every licensed magazine.

Construction of licensed magazine.

Walls of licensed magazine.

Roof of licensed magazines.

Ceiling of licensed magazine.

Floor of licensed magazine.

Doors and ventilators of licensed magazine.

Partitions and shelves of licensed magazine.

Thermometer in licensed magazine.

Fire extinguisher in licensed magazine.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

46. Adequate drains shall be provided for the removal of ram-water flowing from the roof of a licensed magazine.

47. Every licensed magazine shall be surrounded by a substantial and properly consolidated earthern mound and such mound shall —

(a) be at least as high as the eaves of the roof of the building;

(b) be at least three feet wide at the top; (c) have the foot of its interior slope at least three

feet from the magazine; (d) have its exterior slope at the angle of repose of

earth; and (e) have the entrance through it to the magazine

formed by the overlapping of the ends of the mound unless otherwise approved in writing by an Inspector. Such entrance shall be closed by a substantial gate which shall be kept locked and on which shall be fixed a notice bearing the words “Explosives Magazine” printed in red.

48. The mound surrounding a licensed magazine shall be maintained in good order to the satisfaction of an Inspector and proper provision shall be made for drainage at the base of the interior and exterior slopes.

49. A licensed magazine and its mound and so much of the surrounding land as the Inspector may direct shall be fenced, if the Inspector so requires.

50. The following table of distances will form the basis on which applications will be considered where a licensed magazine is protected by mounds as high as the eaves of the roof —

Drains of licensed magazine.

Earthern mound surrounding licensed magazine.

Maintenance of mounds surrounding licensed magazine.

Fencing of licensed magazine.

Distance of licensed magazine from roads, houses, etc.

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“A” “B” “C” Quantity of Explosives in Magazines or Danger Buildings

Magazines and Danger Buildings within Magazine or Danger Building Area, Highway or Public Path, Reservoirs.

Dwelling-houses with consent, Magazines other than at “A” Furnace, kiln, etc. for Stationary Engine, Boiler, etc.

Dwelling-houses without consent of Occupier, Public Buildings.

Tons (long) Yds. Yds. Yds. 1 50 100 100 2 52 100 140 3 53 100 185 4 54 100 225 5 55 100 265 10 60 125 425 12½ 63 145 515 15 65 165 600 20 70 200 765 25 75 240 925 30 80 275 1,090 33 85 315 1,250 40 90 350 1,425 45 95 390 1,590 50 100 425 1,750

51. Every licensed magazine shall be provided with a copper lightning conductor which shall be erected not less than eighteen inches from the nearest point of the building and the conductor point shall be at such a Height that an imaginary straight line taken from it to any part of the roof shall not make a greater angle with the vertical than 45 degrees.

52. At least two pairs of magazine overshoes shall be kept in the entrance of every licensed magazine and no person shall enter any such magazine unless he first either puts on a pair of magazine overshoes or removes his boots or shoes.

53. At the discretion of an Inspector and upon instructions in writing to that effect, a sentry or watchman shall be on duty at each licensed magazine night and day so long as there are explosives therein.

54. Detailed plans and specifications shall be sub- mitted and the approval of an Inspector obtained in writing before the construction of any building, road or

Lightning conductor on licensed magazine.

Overshoes at licensed magazine.

Sentries at licensed magazine.

Plans of buildings near licensed magazine.

CH.215 – 14] EXPLOSIVES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

working is commenced within a lesser distance from a licensed magazine than the nearest building, road or working shown on the approved site plan of such licensed magazine.

55. (1) Where on the surface the quantity of explosives to be stored does not exceed twenty cases or 1,000 lbs, of fracture explosives or 15,000 detonators, an Inspector shall have power to authorise by licence, subject to such conditions as he may think fit, the storage of such explosives in magazines (hereinafter referred to as “subsidiary magazines”) the details and a site plan of which shall have been supplied to and approved of by him, and provided that such explosives shall be kept in secure wooden or cardboard boxes to the satisfaction of an Inspector. No such magazine shall be within fifty yards of anything liable to ignition or of a furnace or steam boiler. No greater amount of explosives shall at any time be allowed to be stored therein without the written consent of an Inspector and no explosives shall be stored in a manner other than that specified. Such licence shall be in Form F contained in the First Schedule hereto, shall be valid for a period of twelve months from the date of issue and no such storage shall be lawful until such licence has been obtained. An Inspector may at any time cancel any licence given under this regulation.

(2) The fee payable for such licence shall be twenty- five dollars per annum.

56. (1) Persons wishing to store small quantities of explosives on the surface shall make application to an Inspector who may sanction the use of licensed box storage in the form of and under the conditions of Form G in the First Schedule hereto, and no storage shall be lawful until this licence has been obtained. No greater amount than 100 lbs. of fracture explosives or 500 detonators shall be stored in one box.

(2) Application shall be made to an Inspector for the licensing of such storage boxes certifying that the boxes have been constructed in accordance with the requirements of Form G. An Inspector may at any time cancel any authority given under this regulation.

(3) The fee payable for such licence shall be five dollars per annum.

Subsidiary magazines.

Licensed storage boxes.

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57. No person shall purchase or acquire explosives otherwise than in accordance with these Regulations:

Provided that this regulation shall not apply to the private purchase of fire works.

58. An Inspector may issue to suitable persons who shall have authorised storage in accordance with these Regulations, permits under the conditions of Form C in the First Schedule hereto to purchase, acquire and possess explosives and no person shall sell or deliver to any person any explosives without the production of such permit by the purchaser or the person to whom such explosives are to be delivered. Such permits shall be valid for a period of twelve months from the date of issue.

59. An Inspector may issue a written authority to any person holding a permit to possess explosives, authorising the supply to his employees of explosives so possessed. Such authority may be issued for one or more such transactions and with respect to a particular kind of explosives and a particular amount thereof or may be general and for a period to be named therein.

60. (1) No person shall, without the permission of the permit holder —

(a) take away any explosives from; or (b) remove any explosives from one place to another

within, any place where such explosives are stored or used.

(2) No person shall be in possession of explosives except as provided in these Regulations.

(3) It shall be the duty of the permit holder to report to the police all thefts and losses of explosives immediately upon such thefts or losses coming to his notice.

61. No person shall without the permission of an Inspector break, force or tamper with any lock of any magazine or storage box.

62. No person shall bury, submerge or otherwise hide or abandon any explosives or store or leave explosives unattended in such manner or for such a period that it will be possible for other persons to have access thereto.

63. No person shall use any explosives, except fireworks, otherwise than in accordance with these

Acquisition of explosives.

Permit to purchase, acquire and possess.

Written authority.

Thefts and losses.

Tampering with locks of magazines and storage boxes.

Hiding or abandoning of explosives.

Use.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Regulations, or otherwise than for the purpose and at the places specified in any permit or authority issued in respect thereof.

Blasting 64. No person, unless he is the holder of a blasting

licence issued in accordance with these Regulations or is under the supervision of the holder of a blasting licence in accordance with regulation 73, shall prepare, press home or fire charges or conduct blasting operations.

65. No person shall allow any other person to prepare, press home or fire charges or conduct blasting operations unless such person is the holder of a blasting licence or is under the direct supervision of the holder of a blasting licence in accordance with regulation 73.

66. An Inspector authorised for the purpose by the Director of Public Works may in his discretion issue a blasting licence in the Form D in the First Schedule to these Regulations and any application for a blasting licence shall be made in the Form E in the First Schedule to these Regulations. A blasting licence shall be valid for twelve months from the date of issue and the fee for such licence shall be two dollars per annum.

67. Applicants for blasting licences shall be examined by the Inspector and such licences will only be issued to persons considered competent to hold them.

68. (1) If at any time the holder of a blasting licence shall, in the opinion of an Inspector, be guilty of an act of negligence, or of a contravention of these Regulations, such Inspector may immediately suspend and retain such licence and shall forthwith report any such suspension to the Director of Public Works for such action as he may consider necessary in terms of paragraph (3) of this regulation.

(2) If at any time the holder of a blasting licence has, in the opinion of an Inspector, a disability rendering him unfit to conduct blasting operations, such Inspector shall immediately suspend and retain such licence and report the suspension to the Director of Public Works for such action as he may see fit in terms of paragraph (3) of this regulation.

Who may carry out blasting operations.

Subordinate blasting.

Blasting licence.

Examination of applicant.

Suspension of blasting licence by Inspector.

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(3) The Director of Public Works upon receiving a report under this regulation may —

(a) cancel such licence; or (b) confirm the suspension for a period not exceed-

ing six months; or (c) revoke the suspension. 69. In the event of cancellation or suspension in terms

of regulation 68, such holder of a blasting licence shall have the right to appeal from such decision to the Minister. Notice of appeal shall be made within twenty-one days after receiving notice that his licence has been suspended, by filing with the Director of Public Works a written statement setting out the grounds upon which the appeal is made. The decision of the Minister in any such appeal shall be final.

70. No person shall transfer or accept transfer of any blasting licence.

71. A blasting licence shall not be valid until the licensee has signed his name, or, if illiterate, impressed his thumb-print thereon, and a photograph of the licence holder shall be attached thereto.

72. The holder of a blasting licence who intends to conduct blasting operations in any Out Island shall present his licence for inspection to the Commissioner of the District in which he proposes to conduct blasting opera- tions and shall indicate to the Commissioner the particular area in which he intends to conduct such operations.

73. The holder of a blasting licence may be assisted in the preparation and pressing home of charges and the conducting of blasting operations by not more than two reliable persons who are not holders of blasting licences acting under his immediate supervision, and in the firing of charges he may be assisted by not more than two such persons as aforesaid acting under his direction and supervision:

Provided always that he shall take all reasonable measures to prevent any accident occurring to such persons through their ignorance, inexperience or careless- ness.

Appeal.

Licence not transferable.

Signing.

Notice of blasting.

Assistance to blasting licence holder.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

74. No person shall store or allow any person subject to his supervision to store or carry any of the following types of explosives together —

(a) blasting cartridges or powder; (b) detonators, capped fuses; (c) primer cartridges. 75. (1) No person shall carry, or allow any other

person to carry explosives, capped fuses or detonators except under the direct supervision of a blasting licence or permit holder or a person authorised to do so by the holder, and no person shall carry any explosives or detonators on the surface or underground to their place of storage except in sound unopened boxes of origin or other closed containers approved in writing by an Inspector:

Provided that capped fuses may be carved in stout sacks to their storage boxes.

(2) No person shall carry or allow any other person to carry explosives from their place of storage to the working face, except in stout canvas sacks, unopened boxes of origin or other containers approved by an Inspector and under the direct supervision of a blasting licence or permit holder:

Provided that on level and unobstructed ground they may be carried in open boxes.

76. No person shall carry or allow any other person to carry any naked light whilst carrying explosives.

77. No person shall smoke or have a naked light or allow any other person to smoke or have a naked light when handling or working with explosives.

78. No person shall fasten detonators to fuses except by means of proper crimping pincers or a crimping machine supplied for that purpose and such fuse when capped shall only be inserted into the explosives cartridge in an approved manner. Such explosive cartridge shall be securely fastened to the fuse by means of string or other means approved in writing by an Inspector so that the fuse and detonator cannot be inadvertently withdrawn from the explosive cartridge:

Storage apart of various types of explosives.

Method of carrying explosives.

Carrying a light with explosives forbidden. Smoking when handling explosives.

Fastening detonator to fuse.

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Provided that, when small charges are being loaded into short holes for breaking up rock or boulders, the fastening of the fuse to the cartridge with string may be omitted if due care is exercised to retain the capped fuse in the cartridge.

79. No person except a blasting licence holder small remove the wooden plug or plug of other approved material with which a socket or misfired hole has been plugged.

80. No person shall remove or allow any other person to remove the tamping from a hole that has been charged.

81. (1) No person shall use for charging a hole any explosives that have been blown out or otherwise extracted from a hole.

(2) Any person finding any explosives blown out or otherwise extracted from a hole or loose explosives of any description lying about shall report the same to an Inspector, a blasting licence or a permit holder forthwith.

82. No person shall use or allow any other person to use anything except implements of wood, brass or copper in opening cases containing explosives except that where cases have been screwed down an iron screwdriver may be used to withdraw the screws but for no other purpose.

83. Except with the permission in writing of an Inspector, explosives of whatever kind (other than fire- works) shall be used in the form of cartridges only.

84. Only fuse igniters shall be used for the firing of charges in any fuse blasting operations.

85. When blasting with dynamite or other explosives, the fuse with the attached detonator shall not be inserted in the primer cartridge until shortly before use.

86. No person shall — (a) deepen or permit any other person to deepen any

hole that has at any time contained explosives or allow it to be used for any purpose whatsover:

Provided that any such hole may be recharged and fired after it has been left to cool for at least four hours or has been thoroughly washed out with water; or

Removal of plugs.

Removal of tamping.

Blown out explosives not be used again.

Opening boxes of explosives.

Only cartridges allowed.

Firing only with fuse igniters.

Insertion of fuse.

Deepening holes that have contained exposives forbidden.

CH.215 – 20] EXPLOSIVES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) deepen or cause or permit any other person to deepen any hole which has been partially drilled until he has ascertained by personal examination that such hole does not contain any explosives.

87. No person shall drill or cause or permit any other person to drill any hole within six inches of any socket or butt or a hole suspected of containing explosives or allow such hole to be pitched so as to approach such socket or butt.

88. No person shall — (a) drill or cause or permit any other person to drill

any hole in any development end or similar confined space where there is a hole or socket containing explosives, until such hole or socket has been blasted. again; or

(b) in any stope, bench or quarry face, drill or cause or permit any other person to drill any hole within six feet of a hole or socket containing explosives.

89. A blasting licence holder shall thoroughly clean out all drill holes before attempting to charge them.

90. A blasting licence holder shall not remove the paper wrapping from the explosives or insert unwrapped explosives into a hole or forcibly press any explosive into a hole of insufficient size to take the cartridge.

91. A blasting licence holder shall use as tamping only water, fine sand, clay or other soft material free from stones.

92. A blasting licence holder shall not insert tamping between cartridges.

93. A blasting licence holder shall not use any implement except of wood, brass or copper in charging or tamping holes for blasting:

Provided that with the written permission of the Director of Public Works and subject to any condition he may impose, an implement containing other materials may be used if no material other than wood, brass or copper is exposed.

Distance of drilling from a socket.

Misfired holes.

Cleaning holes before charging them.

Paper wrappings not to be removed.

Tamping.

No tamping between cartridges.

Tamping rods.

EXPLOSIVES [CH.215 – 21

[Original Service 2001] STATUTE LAW OF THE BAHAMAS

94. A blasting licence holder shall, whilst carrying out charging operations, be responsible for the safe disposition of workmen actually engaged in the charging up, and remove all persons not so engaged to a safe distance from these operations.

95. A blasting licence holder shall, before firing charges, give or cause to be given due warning in every direction by shouting “Fire in the Hole” and satisfy himself that no person, except any person assisting him in firing charges, remains where he might be exposed to danger from the firing of such charges, and shall take all reasonable precautions to safeguard those assisting him from accident due to blasting operations.

96. A blasting licence holder shall, before firing charges, cause all entrances to the place or places where such charges are to be fired or where the safety of any person may be endangered by such firing to be effectively guarded so as to prevent inadvertent access to such place or places whilst such charges are being fired.

97. Except in the case of firing by means of electricity, a blasting licence holder shall count, in conjunction with at least one other person, the number of shots exploding, and unless both he and such person are certain that all the shots have exploded, shall not enter or allow any person to enter the place or places in which the shots have been fired until the expiration of thirty minutes from the time of lighting the fuses.

98. A blasting licence holder shall not approach or permit or instruct any person to approach a place where a misfired charge is known or suspected to have occurred, for at least half an hour from the time of lighting the fuses.

99. A blasting licence holder shall ensure that no explosive be brought into close proximity to drilling operations.

100. A blasting licence holder shall store explosives and detonators in storage boxes and keep such boxes located in dry and sufficiently secluded places or chambers.

101. A blasting licence holder shall carry out the capping of fuses and the preparation of primer cartridges at a safe distance from working places.

Safety of gangs of workmen.

Warning.

Guarding approaches when blasting.

Multiple charges.

Misfires.

No explosives near drilling operations.

Special duties of blasting licence holder.

Capping of fuses.

CH.215 – 22] EXPLOSIVES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

102. A blasting licence holder shall keep all storage boxes containing explosives at least thirty feet away from those containing detonators or capped fuses.

103. A blasting licence holder shall keep locked all storage boxes for explosives, detonators and capped fuses under his charge and shall keep the keys, and shall only unlock such boxes when placing explosives, detonators or capped fuses therein or removing the same therefrom.

104. A blasting licence holder shall not permit any other materials, implements, or tools to be placed in a box in which there are explosives, detonators or capped fuses.

105. A blasting licence holder shall not permit explosives, detonators, fuses capped or uncapped, or any inflammable material to be left lying about in close proximity to a magazine or storage box.

106. A blasting licence holder shall charge holes only within a reasonable time of blasting and shall delay the insertion of the primer cartridge until shortly before firing.

107. (1) Any person who contravenes or fails to comply with the provisions of these 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.

(2) Any person who contravenes or fails to comply with any conditions or requirements of any licence, permit or authority issued on Forms A, B, C, D, E, F, or G 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.

(3) Any person who wilfully obstructs or resists the lawful exercise of any powers conferred by, or necessary for the administration of, any of these Regulations shall be guilty of an offence and liable on summary conviction to a fine of five hundred dollars or imprisonment for a period not exceeding three months.

(4) Any court may, in addition to any penalty imposed under these Regulations, suspend any licence or authority issued under these Regulations to the person convicted, for such period as the court may deem fit, or may cancel such licence, permit or authority.

Storage thirty feet apart.

Locking of boxes and keys.

No storage of other materials with explosives.

Inflammable material with explosives.

Time of charging.

Offences and penalties.

EXPLOSIVES [CH.215 – 23

[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FIRST SCHEDULE (Regulation 3)

FORM A PERMIT TO IMPORT AND POSSESS EXPLOSIVES

(Not transferable) BAHAMAS EXPLOSIVES ACT

(Section 4) Permission is hereby granted ...............................................

................................................... of ............................................

.................................................................................................... to import and possess the following explosives ........................ and the following explosives (estimated) .................................. Consignor’s name and address .................................................. Destination of explosives .......................................................... Point of entry ............................................................................. Date of arrival or expected arrival ............................................. In consignment every .... (period of time) ................................ during the course of the present calendar year. Fee paid $2.00 Date of expiry...........................................

............................................................ Commissioner of Police.

Station .................................................... Date ........................................................

FORM B

EXPLOSIVES MAGAZINE LICENCE BAHAMAS EXPLOSIVES REGULATIONS

Licence is hereby granted to ................................................ ..................................................... of .......................................... to use the building according to the specifications approved by the Director of Public Works on ............................................... and situated ....................................................................................... according to the site plan deposited in this office on ................. ....................................................... for the storage of ................ ..................... explosives not exceeding a maximum quantity of ...............................

Special conditions ............................................................... .............................................................................................

CH.215 – 24] EXPLOSIVES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Fee paid: $100.00 Date of expiry...........................................

................................................................. Inspector.

Station ..................................................... Date ........................................................

FORM C

PERMIT TO PURCHASE, ACQUIRE AND POSSESS EXPLOSIVES

(Not transferable) BAHAMAS EXPLOSIVES REGULATIONS

Permission is hereby granted to ................................................. ................................................... of ............................................ to purchase, acquire and possess the following explosives ................................................................................................... (1) Nature of explosives ............................................................ (2) Maximum quantity that may be possessed at any one time not

to exceed ............................................................................. (3) Total amount which may be purchased under this permit ... (4) Intended use of explosives ..................................................

at ......................................................................................... This permit expires on ..... No fee payable.

........................................................... Inspector.

Station .................................................... Date ........................................................

EXPLOSIVES [CH.215 – 25

[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FORM D (Regulation 66) BLASTING LICENCE

(Not transferrable) BAHAMAS EXPLOSIVES REGULATIONS

This is to certify that ............................................................ ...................................................... of ......................................... the undersigned has satisfied me that he is a person competent to carry out blasting operations and is hereby licensed to carry out blasting operations in the Bahama Islands. Purpose of use............................................................................ Place of use ............................................................................... Date of expiry ........................................................................... Signature of licensee ..................................................................

(or his thumb print if illiterate). Photograph Thumb print. Signature of witness to) licensee’s thumb print.) ........................................................... Address of witness to) licensee’s thumb print.) ........................................................... Fee paid: $2.00.

...................................... Inspector.

Station..................................................... Date .......................................................

FORM E (Regulation 66)

APPLICATION FOR A BLASTING LICENCE BAHAMAS EXPLOSIVES REGULATIONS

I, .........................................................................................., the applicant for a blasting licence signing below hereby apply personally (or through my employer) for a blasting licence, being thoroughly acquainted with ordinary blasting operations and with the Government Regulations applying thereto.

Signature or mark of applicant ........................................... Address of applicant ........................................................... If employee is the applicant, the following declaration must be

completed.

CH.215 – 26] EXPLOSIVES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

I ,........................................................................................... the holder of the authority to possess explosives, employing ...................................................., the applicant signing above, make the following statement with regard to his application- (a) I have been shown the blasting certificate issued to the

applicant in ... (country of issue) which is satisfactory. (b) Applicant states that his nationality is ................................ (c) To the best of my knowledge and belief he is a person

competent to carry out ordinary blasting operations specified in regulation 66 of the Explosives Regulation.

(d) He has had sufficient knowledge of the Regulations and experience as a learner to be granted a blasting licence.

(e) He is a responsible person with considerable practical experience.

(f) His record of service, for which I can vouch, is as follows — .............................................................................................. .............................................................................................. .............................................................................................

Signature of the holder of the authority to possess explosives. .................................................... Address ....................................................

FORM F (Regulation 55)

LICENCE FOR A SUBSIDIARY MAGAZINE FOR EXPLOSIVES

BAHAMAS EXPLOSIVES REGULATIONS Name of holder of licence......................................................... Address......................................................................................

The subsidiary magazine for explosives as in the plans forwarded under cover of applicant’s letter of the .... is hereby authorised for the storage of not more than —

Delete line not required * twenty cases of 1,000 lbs. of fracture explosives;1 * 15,000 detonators; under the following conditions — .................................................................................................... .................................................................................................... .................................................................................................... Fee paid: $25.00 Date of expiry ............................................

1 Delete line not required

EXPLOSIVES [CH.215 – 27

[Original Service 2001] STATUTE LAW OF THE BAHAMAS

................................................... Inspector.

Station ..................................................... Date .........................................................

FORM G (Regulation 56)

LICENCE OF BOX STORAGE BAHAMAS EXPLOSIVES REGULATIONS

Storage for conveyance and storage of explosives is hereby granted to — Name ......................................................................................... Address....................................................................................... who has applied by letter, dated ........................................... certifying that he has constructed such boxes in accordance with the following requirements — (a) constricted of reasonably antproof and waterproof material; (b) rigid in design and construction; (c) hasps, staples and hinges affixed in such a manner that the

screws or bolts used cannot be unscrewed whilst the lid is shut; (d) fitted with handles for conveyance; (e) lid clearly inscribed “EXPLOSIVES”. Storage shall be in accordance with the following conditions- (a) amount not more than-

2 100 lbs. of fracture explosives; 3 500 detonators.

(b) Explosives to be kept from shifting about by means of suitable packing. No other material, implements or tools shall be placed in such boxes.

(c) Boxes to be kept off the ground when used for storage. (d) The box containing explosives to be stored. as far away as

possible from the box containing detonators. (e) A copy of this licence to be affixed inside the lid of the box. Fee paid $5.00. Date of expiry...........................................

........................................................ Inspector.

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

2 Delete line not required. 3 Delete line not required.

CH.215 – 28] EXPLOSIVES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SECOND SCHEDULE (Regulation 3)

MANNER OF OBTAINING EXPLOSIVES PERMITS

BAHAMAS EXPLOSIVES REGULATIONS No permits to possess explosives will be issued until the

applicant has one of the types of storage laid down in these Regulations which has been registered in his name with the Director of Public Works, Nassau.

A — Importation Intending importers of explosives into The Bahamas should

adopt the following procedure in the order stated — (1) Procure the registration of their means of storage. Holders of

explosives magazine licences, authorised subsidiary storage magazine, authorised surface box storage and authorised underground magazines are already automatically registered; others must apply to an Inspector, having decided, with any assistance needed from that once, what type of storage may be required. or is suitable.

(2) Obtain from the Commissioner of Police a permit to import the explosives into the Bahama Islands.

B — Acquisition within the Territory Those intending to acquire explosives by purchase or gift

within The Bahamas must satisfy the officer issuing the permit that they have registered storage as laid down in the Regulations.