Explosives Act
1988 Revised Edition
C
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EXPLOSIVES ACT
Explosives Act CAP. 40 Arrangement of Sections
1988 Revised Edition
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Page 3
C
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EXPLOSIVES ACT
Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Interpretation....................................................................................................5
3 Harbour Master of port. ...................................................................................6
4 Regulations. .....................................................................................................6
5 Offences committed by agent or servant..........................................................7
6 Prohibiting the manufacture, possession or importation of explosives............8
7 Powers of inspection, search, seizure detention or removal. ...........................8
8 Testing of explosives before importation.........................................................9
9 Notice of accidents...........................................................................................9
10 Inquiry into accidents.......................................................................................9
11 Dangerous acts. ................................................................................................9
12 General penalty. ...............................................................................................9
13 Awards to informers. .......................................................................................9
14 Forfeiture of explosives. ................................................................................10
15 Seizure and sale of vessels. ............................................................................10
16 Abetting or attempting to commit offence.....................................................10
17 Power to arrest without warrant. ....................................................................10
18 Power to arrest without warrant persons committing dangerous
offences. .........................................................................................................11
19 Stop and search for explosives.......................................................................11
20 Presumption as to possession.........................................................................11
21 Saving. ...........................................................................................................11
22 Authorising magazine or hulks. .....................................................................12
23 Fees. ...............................................................................................................12
Explosives Act CAP. 40 Section 1
1988 Revised Edition
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C
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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
Section 3 CAP. 40 Explosives Act
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(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
Explosives Act CAP. 40 Section 5
1988 Revised Edition
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Page 7
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:
(a) the fees to be charged for licences and the other sums, if any, to be
paid for expenses by applicants for licences;
(b) the manner in which applications for licences shall be made and the
matters to be specified in such applications;
(c) the form in which and the conditions on and subject to which
licences shall be granted;
(d) the period for which licences are to remain in force; and
(e) the exemption absolutely or subject to conditions of any explosives
from the operation of the regulations.
(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.
5 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.
Section 6 CAP. 40 Explosives Act
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(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 —
(a) prohibit, either absolutely or subject to conditions, the manufacture,
possession or importation of any explosive which is used so as to
cause danger or annoyance to the public or which is of so
dangerous a character that, in the opinion of the Prime Minister, it
is expedient for the public safety to issue the notification; and
(b) rescind or vary any notification under this section.
(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 —
(a) to enter, inspect and examine any place, carriage or vessel in which
an explosive is being manufactured, possessed, used, sold,
transported or imported under a licence granted under this Act, or in
which he has reason to believe that an explosive has been or is
being manufactured, possessed, used, sold, transported or imported
in contravention of this Act or of the regulations made thereunder;
(b) to search for explosives therein;
(c) to take samples of any explosive found therein on payment of the
value thereof; and
(d) to seize, detain, remove and, if necessary, destroy any explosive
found therein.
Explosives Act CAP. 40 Section 8
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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
Section 14 CAP. 40 Explosives Act
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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.
Explosives Act CAP. 40 Section 18
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(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 —
(a) by order of the Government; or
(b) by any person employed under the Government in the execution of
this Act or as a keeper of a magazine, artisan, soldier, sailor, police
officer or otherwise, or enrolled as a volunteer, in the course of his
employment or duty as such.
(2) Nothing in this Act shall apply to any friendly vessel of war.
Section 22 CAP. 40 Explosives Act
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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.
