Explosives
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
EXPLOSIVES ACT
CHAPTER 16:02
Act
15 of 1907
Amended by
31 of 1916
22 of 1924
16 of 1925
29 of 1925
14 of 1936
39 of 1942
3 of 1994
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–63 ..
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2 Chap. 16:02 Explosives
Index of Subsidiary Legislation
Page
Powder Magazine Rules (G. 27th August 1908) … … … … … 31
Rent (Prescribed Rate) Regulations (G. 27th August 1908) … … … 34
Importation, Storage, etc., of Dynamite Regulations (G. 2nd September 1915,
45 of 1979) … … … … … … … … 35
Importation, Storage, etc., of Gunpowder and Cartridges other than Safety
Cartridges Regulations (G. 27th August 1908, 45 of 1979) … … … 45
Storage of Dynamite Regulations (G. 17th January 1918) … … … 48
Explosives (Manufacture of Fireworks) Order (GN 271/1950) … … 51
Magazine (Appointment and Supervision) Order (LN 78/1991) … … 58
Magazine (Appointment and Supervision) (No. 2) Order GN 171/1991) … 60
Magazine (Appointment and Supervision) Order (LN 10/1997) … … 62
Note on Adaptation
1. Certain fees in this Chapter were increased by the Commission under paragraph 4 of
the Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal
reference in the form normally indicating an amendment is made to LN 51/1980 (the Legal
Notice by which the President’s approval was signified).
2. Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 52/1980, but no marginal reference is made
to this Notice where any such amendment is made in the text.
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Explosives Chap. 16:02 3
CHAPTER 16:02
EXPLOSIVES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
GUNPOWDER
3. Appointment of magazines.
4. General rules for magazines.
5. Special rules for magazines.
STORAGE
6. Storage in storage magazine.
IMPORTATION, ETC.
7. Only dealer may import.
8. Regulations as to importation, exportation, and transhipment.
9. Amount in possession.
SALE
10. Dealer only may sell.
11. Licence to sell by wholesale.
12. Licence to sell by retail.
13. Form of licence.
14. Occupier of unlicensed premises.
15. Unlawful sale.
16. Books to be kept.
17. Prohibition of sale to children.
18. Package for sale.
REMOVAL
19. Removal.
20. Removal of over five pounds.
21. Penalty on illegal removal.
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4 Chap. 16:02 Explosives
22. Application for a permit for removal.
23. Granting of permit.
24. Certificate for removal.
25. Certificate book.
26. Use and return of certificates.
27. Absence of or improper certificate.
28. Illegal use of certificate.
29. Non-compliance with terms of certificate.
30. General rules as to removal within Trinidad and Tobago.
PART II
SAFETY CARTRIDGES
31. Importation.
32. Sale.
33. Storage.
34. Books to be kept.
PART III
EXPLOSIVES GENERALLY
35. Importation and storage of explosives.
36. Storage in Government magazine or approved place.
37. Prohibition of manufacture, importation, sale, etc.
38. Contravening Order as to manufacture.
39. Contravening Order as to importation, etc.
PART IV
MISCELLANEOUS PROVISIONS
40. Inspection of stock and books.
41. Power to search for explosives.
42. Seizure and detention of explosive liable to forfeiture.
43. Inspection of wharf, vehicle, etc.
44. Payment for sample.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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Explosives Chap. 16:02 5
45. Power to arrest offenders.
46. Exemption in certain cases of carriers and owners and masters of ships.
47. Recovery of penalties.
48. Power in certain cases to award imprisonment unconditionally.
49. Appropriation of moneys.
50. Exemption.
51. Emergency measures.
SCHEDULE.
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6 Chap. 16:02 Explosives
CHAPTER 16:02
EXPLOSIVES ACT
An Act relating to Gunpowder and other Explosive Substances.
[8TH APRIL 1907]
1. This Act may be cited as the Explosives Act.
2. In this Act—
“certificate” means a certificate granted under this Act;
“constable” includes any member of the Police Service and of
the Rural Police;
“dealer in safety cartridges” means a licensed dealer in
safety cartridges;
“explosive” 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 above-mentioned or not, used or
manufactured with a view to produce a practical effect by
explosion or a pyrotechnic effect; and 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;
“magazine” means a magazine duly appointed under this Act;
“permit” means a permit granted under this Act;
“safety cartridge” means cartridges for small arms, of which the
case can be extracted from the small arm after firing, and
which are so closed as to prevent any explosion in one
cartridge being communicated to the other cartridges;
“vehicle” includes any wagon, cart, truck, barrow, tray or other
receptacle used or intended to be used for conveying goods
or passengers by land;
“vessel” includes any ship, boat and any other description of
vessel used in navigation, whether propelled by oars, sails,
steam or by any other method;
1950 Ed.
Ch. 30 No. 4.
15 of 1907.
Commencement.
Short title.
Interpretation.
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Explosives Chap. 16:02 7
“wholesale dealer” and “retail dealer” mean, respectively,
a licensed wholesale dealer and a licensed retail dealer
in explosives.
PART I
GUNPOWDER
3. (1) The Minister may appoint any place or vessel to be a
magazine for the reception of gunpowder, and notice of such
appointment shall be given by Order.
(2) The Order and appointment shall, unless the magazine
is a floating magazine, define the land forming the site of the
magazine; and the land so defined, with every building thereon,
for whatever purpose used or intended, shall be deemed to constitute
a magazine.
(3) Each such magazine shall be under the charge of such
person as the Minister may appoint for that purpose.
4. (1) In every magazine, the following general rules shall
be observed:
(a) every building in which gunpowder is kept
shall be used only for the keeping of gunpowder
and receptacles for gunpowder, or tools or
implements for work connected with the keeping
of the gunpowder;
(b) the interior of every such building and all benches,
shelves and fittings in the building, other than
machinery, shall be so constructed or so lined or
covered as to prevent the exposure of any iron or
steel and the detaching of any grit, iron, steel or
similar substance in such manner as to come into
contact with the gunpowder, and the interior
benches, shelves and fittings shall be kept free
from grit and otherwise clean;
(c) charcoal, whether ground or otherwise, and oiled
cotton, oil rags, and oiled waste, and any articles
whatever liable to spontaneous ignition, shall not
be taken into any such building;
Appointment of
magazines.
General rules
for magazines.
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(d) no repairs shall be done to or in any part of such
building except in accordance with the directions
of the Minister;
(e) all tools and implements used in any repairs to
or in any such building shall be made only of
wood or copper or brass or some soft metal or
material, or shall be covered with some safe and
suitable material;
(f) every person entering into any such building shall
wear clothes without pockets, and shoes, if any,
without any iron or steel therein, and no person
shall introduce into any such building any lucifer
matches or any artificial light (except luminous
surfaces incapable of producing ignition) or any
substance or article likely to cause explosion
or fire or any iron, steel, or grit;
(g) no person shall smoke in any part of a magazine
except in such part, if any, as may be allowed by
the Minister;
(h) any vehicle in which gunpowder is conveyed to
or from any magazine shall be constructed without
any exposed iron or steel in the interior thereof,
shall contain only the gunpowder, and shall be
closed or otherwise properly covered over; and
the gunpowder shall be so conveyed with all due
diligence, and with such precautions and in such
manner as will sufficiently guard against any
accidental ignition;
(i) no person under the age of sixteen years shall be
employed in or enter any building containing
gunpowder, except in the presence and under the
supervision of some competent older person.
(2) The Minister may, by Regulations, make such
modifications in the foregoing general rules as may appear to him
to be necessary for adapting the same to any floating magazine,
and such modifications shall have effect as if they were contained
in this section.
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Explosives Chap. 16:02 9
Special rules for
magazines.
Storage in
storage
magazine.
[51/1980].
(3) In the event of any breach by any act or default of any
of the foregoing general rules or of the Regulations, the person
committing the breach is liable to a fine of one thousand dollars;
and moreover, where the breach was not committed by the person
having the charge of the magazine, such person is nevertheless,
liable to a fine of four hundred dollars unless he proves to the
satisfaction of the Magistrate by whom the case is heard that the
breach happened without any negligence or failure in duty on
his part.
5. (1) The person having the charge of any magazine may,
with the sanction of the Minister, make special rules for the
regulation of the persons employed in or about the magazine with
a view to securing therein the observance of this Act and any
Regulations made thereunder, and the safety and proper discipline
of the said persons and the safety of the public.
(2) There may be annexed to any breach of any special
rule made in pursuance of this section such penalty not exceeding
two hundred dollars for each offence as may be deemed just.
STORAGE
6. (1) Any gunpowder lawfully imported into Trinidad
and Tobago shall be taken to a magazine provided by the
Government, and may there remain without payment of rent or
other charge for any period not exceeding eighteen months.
(2) If any gunpowder remains in the magazine beyond
the period of eighteen months, rent shall be paid in respect thereof
at the rate prescribed by Regulations made by the Minister, which
shall not exceed twenty-five cents a pound a month.
(3) The rent shall accrue due from day to day, and shall
be paid on the last day of successive periods of six months, the
first of which periods shall commence at the expiration of the period
of eighteen months, or shall be paid in case any such gunpowder is
removed or sold during any of the periods of six months at the
time of the removal or sale, and no gunpowder shall be removed
until all rent and other charges due in respect thereof are paid.
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10 Chap. 16:02 Explosives
Only dealer may
import.
Regulations as
to importation,
exportation, and
transhipment.
(4) Where six months’ rent in respect of any gunpowder
is in arrear and unpaid, the gunpowder may be sold by the person
in charge of the magazine in such manner and subject to such
conditions as he thinks fit. Out of the purchase money arising from
the sale, such person shall, in the first place, pay the charges and
expenses of and incident to the sale, and, in the next place, all
rents due in respect of the gunpowder up to the time of sale, and
the surplus, if any, he shall pay to the owner of the gunpowder on
demand, if the demand is made at any time during the day of sale,
but if demand is not made as mentioned above he shall pay the
surplus to the Comptroller of Accounts who shall hold the same in
trust for the owner, his executors, administrators, or assigns.
(5) Where at the expiration of two years from the time of
sale the surplus is not applied for by some person or persons
lawfully entitled thereto, it shall be forfeited to the State for the
use of Trinidad and Tobago, and the rights of all other persons
therein or thereto shall be extinguished.
IMPORTATION, ETC.
7. (1) No person other than a wholesale dealer shall import
gunpowder into Trinidad and Tobago.
(2) Any person contravening the provisions of this section
is liable to a fine of two thousand dollars.
8. (1) The Minister may make Regulations as to the having
or keeping and as to the unloading and conveyance within the
waters of Trinidad and Tobago of gunpowder, and as to the landing
of gunpowder and the subsequent conveyance thereof to a
magazine, and as to the conveyance of gunpowder for exportation
from a magazine to any wharf or shipping place and the subsequent
conveyance and loading thereof within the waters of Trinidad and
Tobago, and as to the transhipping of gunpowder within such
waters; and, in particular, Regulations declaring or regulating all
or any of the following matters:
(a) the notice or warning to be given by vessels
having on board, or conveying, loading, or
unloading gunpowder;
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Explosives Chap. 16:02 11
(b) the navigation and place of mooring of the vessels;
(c) subject in cases in which the general rules with
respect to packing in this Act contained are
applicable to such general rules, the mode of
stowing and keeping gunpowder on board any
such vessel, and of giving notice, by brands, labels
or otherwise, of the nature of the package
containing the gunpowder;
(d) the description, construction, fitting up and
licensing of the vessels or vehicles to be used for
the conveyance of gunpowder, and the licensing
and dress of the persons having charge thereof;
(e) prohibiting or subjecting to conditions and
restrictions the keeping or conveyance of
gunpowder with any explosive or any other
articles or substances, or in passenger vessels,
trains or vehicles;
(f) the places and times at which gunpowder is to be
loaded or unloaded, and the quantity to be loaded
or unloaded or conveyed at one time, or in one
vessel or vehicle;
(g) the mode of and the precautions to be observed
in conveying any gunpowder, and the loading
or unloading any vessel or vehicle conveying
gunpowder, and the time during which
gunpowder may be kept during the conveyance,
loading or unloading;
(h) the times at which lights or fires are to be allowed
or not allowed on board the vessels as mentioned
above, or at which a constable or other officer is
to be on board them;
(i) the publication and supply of copies of
the Regulations;
(j) enforcing the observance of this Act; and
(k) generally, for protecting, whether by means
similar to those mentioned above or not, persons
and property from danger.
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12 Chap. 16:02 Explosives
Amount in
possession.
(2) The penalties to be annexed to any breach or attempt
to commit any breach of any such Regulations may be all or any
of the following penalties, and may be imposed on such persons
and graduated in such manner as may be deemed just, according
to the gravity of the offence, and according as it may be a first or
second or other subsequent offence; that is to say, penalties not
exceeding one thousand dollars for each offence, and two hundred
dollars for each day during which the offence continues, and
forfeiture of all or any part of the gunpowder in respect of which,
or found in the vessel or vehicle in respect of which, the breach of
regulation has taken place.
(3) In the event of any breach of a regulation under this
section in the case of any vessel, vehicle, or gunpowder, whether
there has or has not been any conviction for the breach, any Harbour
Master, Assistant Harbour Master, officer or person named in the
Regulations, or any person acting under the orders of the Harbour
Master, Assistant Harbour Master, officer or person, may cause
the vessel, vehicle or gunpowder, at the expense of the owner
thereof, to be removed to such place or otherwise dealt with in
such manner as may be in conformity with the Regulations, and
all expenses incurred in the removal may be recovered in the same
manner as a penalty under this section.
(4) Any person resisting the Harbour Master, Assistant
Harbour Master, officer or person in the removal is liable to the
same penalties as a person is liable to for obstructing a constable
in the execution of his duty.
9. (1) Except gunpowder in the course of removal under
and according to a permit, a wholesale dealer shall not have in his
possession or custody for any purpose whatsoever more than one
hundred and eighty pounds of gunpowder.
(2) Except gunpowder in the course of removal under and
according to a permit, a retail dealer shall not have in his possession
or custody for any purpose whatsoever more than thirty pounds
of gunpowder.
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Explosives Chap. 16:02 13
Dealer only
may sell.
Licence to sell
by wholesale.
[51/1980
3 of 1994].
(3) Except gunpowder in the course of removal under and
according to a permit or certificate, no person other than a wholesale
dealer or a retail dealer shall have in his possession or custody for
any purpose whatsoever more than ten pounds of gunpowder.
(4) This section shall not apply to gunpowder in any
vessel or magazine, or in the course of conveyance according
to Regulations made under this Act from or to any vessel, wharf,
landing place or shipping place, or to gunpowder kept or used for
mining or quarrying purposes under a special permit from the
Commissioner of Police or the Chief Technical Officer (Works).
(5) Any person who contravenes the provisions of this
section is liable to a fine of two thousand dollars.
SALE
10. (1) No person other than a wholesale or retail dealer shall
sell gunpowder, or offer or expose the same for sale.
(2) Any person who contravenes the provisions of this
section is liable to a fine of two thousand dollars.
11. (1) Every person who desires to sell gunpowder by
wholesale shall take out a licence for that purpose.
(2) No such licence shall be issued unless the police
officer in charge of the Division in which the premises to be licensed
are situated has certified in writing that there is on the premises a
sufficient fireproof vault or other place which is capable of safely
storing one hundred and eighty pounds of gunpowder.
(3) Every such fire-proof vault or other place shall have
the word “Gunpowder” painted or otherwise legibly marked on
the door thereof.
(4) Every wholesale dealer shall keep all gunpowder on
his premises in the vault or other place as aforesaid but no more
than one hundred and eighty pounds of gunpowder shall be kept in
the vault or other place.
(5) There shall be paid for every such licence annually
the sum of five hundred dollars.
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14 Chap. 16:02 Explosives
(6) Any person who contravenes any of the provisions
of this section is liable to a fine of two thousand dollars.
12. (1) Every person who desires to sell gunpowder by
retail shall, unless he is a wholesale dealer, take out a licence for
that purpose.
(2) No such licence shall be issued unless the police
officer in charge of the Division in which the premises to be licensed
are situated certifies in writing that the applicant for the licence
has provided himself with a strong and suitable metal case lined
with wood, which is capable of containing thirty pounds of
gunpowder, is furnished with a lock and key and with handles for
convenience of removal, and has the word “Gunpowder” painted
or otherwise legibly marked thereon.
(3) Every such metal case shall be kept in such place as
the police officer mentioned above shall appoint.
(4) A retail dealer shall not sell gunpowder at any one
time in any greater quantity than thirty pounds.
(5) Every retail dealer shall affix in some conspicuous
place on the front of his licensed premises a board on which shall
be painted or otherwise legibly marked his name and the words
“licensed retailer of explosives”.
(6) There shall be paid for every such licence annually
the sum of two hundred and fifty dollars.
(7) Any person who contravenes any of the provisions
of this section is liable to a fine of one thousand dollars.
13. (1) Every licence issued under this Part shall be issued
and signed by the Magistrate of the district within which the
premises in respect of which the licence is applied for are situated.
Every such licence shall be in such form and shall contain such
particulars as the Commissioner of Police from time to time
thinks fit.
(2) Every such licence shall expire on the 31st March
next after it is granted.
Licence to sell
by retail.
[51/1980
3 of 1994].
Form of licence.
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14. The occupier of any unlicensed premises on which
gunpowder is sold or offered for sale, or if the premises are
occupied by more than one person every occupier thereof is liable
to a fine of one thousand five hundred dollars unless he proves to
the satisfaction of the Magistrate by whom the case is heard that
he had no notice of the sale or offering or exposing for sale, or
that, having the notice, he took all reasonable means to prevent the
sale or offering or exposing for sale, and, as soon as he reasonably
could, gave information thereof to a police officer.
15. Any person who—
(a) not being a wholesale dealer or a retail dealer,
sells gunpowder, or offers or exposes the same
for sale; or
(b) being a wholesale dealer or a retail dealer,
sells gunpowder, or offers or exposes the same
for sale, on any premises other than those
mentioned in his licence, is liable to a fine of two
thousand dollars.
16. (1) Every wholesale dealer or retail dealer shall keep on
his licensed premises a book to be called the Gunpowder Receipt
Book according to the Form A in the Schedule, and another book
to be called the Gunpowder Delivery Book in the Form B in the
Schedule, and he shall, immediately on the receipt or delivery of
any gunpowder, make the proper entries in the respective books
according to the forms.
(2) Any wholesale dealer or retail dealer who omits to
make any such entry, or who makes any entry which is false in any
particular, is liable to a fine of two thousand dollars.
17. Gunpowder shall not be sold to any child apparently under
the age of sixteen years, whether for his own use or the use of any
other person. Any person who sells gunpowder contrary to this
section is liable to a fine of two hundred dollars.
18. (1) All gunpowder exceeding one pound in weight, when
publicly exposed for sale or sold, shall be in a substantial case,
Occupier of
unlicensed
premises.
Unlawful sale.
Books to be
kept.
Schedule.
Form A.
Form B.
Prohibition of
sale to children.
Package for
sale.
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16 Chap. 16:02 Explosives
canister, or other package, made and closed so as to prevent the
gunpowder from escaping, and in every case the outermost package
containing the gunpowder shall have affixed the word
“Gunpowder”, in conspicuous characters, by means of a brand or
securely attached label or other mark.
(2) If any gunpowder is sold or exposed for sale in
contravention of this section, the person selling or exposing for
sale the same is liable to a fine of two hundred dollars, and all or
any part of the gunpowder so exposed for sale shall be forfeited.
REMOVAL
19. No gunpowder shall be removed or conveyed except
according to this Act or the Regulations made thereunder.
20. (1) No quantity of gunpowder exceeding five pounds
shall be removed or conveyed except under and according to a
permit granted by a First Division Police Officer or a certificate
issued by a wholesale dealer or a retail dealer.
(2) This section shall not apply to gunpowder in the
course of conveyance according to Regulations made under this
Act from or to a magazine, or any vessel, wharf, landing place or
shipping place.
21. Any person removing or conveying any gunpowder
contrary to this Act or to the Regulations made hereunder, or aiding
or assisting in the removal or conveyance, is liable to a fine of two
thousand dollars, and any gunpowder removed or conveyed, or
being removed or conveyed, contrary to this Act shall be forfeited.
22. A permit for the removal of any gunpowder may be granted
by a First Division Police Officer to any person being apparently
above the age of sixteen years upon an application in writing. The
application shall state the quantity of gunpowder intended to be
removed, the places to which and the persons to whom it is to be
distributed, the quantities to be left at each destination, the hours
within which and the route by which the removal is intended to be
effected, and the place or places, if any, where the gunpowder or
Removal.
Removal of over
five pounds.
Penalty on
illegal removal.
Application for
a permit for
removal.
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any part thereof is intended to be deposited until the removal
and distribution is completed.
23. Subject to this Act, a First Division Police Officer shall,
within twenty-four hours (exclusive of Sundays and public
holidays) after an application for a permit has been left at his
office, grant a permit specifying the total quantity allowed to be
removed, the places to which and the persons to whom the parcels
making up the total quantity are to be distributed, the hours within
which and the route by which the removal may be effected, and
the place or places, if any, where the gunpowder or any part thereof
may be deposited until the removal and distribution is completed
except that—
(a) no permit shall authorise the having on the same
premises or in the same vehicle more than one
thousand pounds of gunpowder; and
(b) a First Division Police Officer, if upon application
for a permit he is satisfied that a permit according
to the application cannot consistently with public
safety be granted, may postpone or absolutely
refuse the grant of the permit, or may grant the
same with any variations from the application and
subject to any conditions which he considers
proper for the protection of the public.
24. A certificate for the removal of any quantity of gunpowder
exceeding five pounds and not exceeding twenty pounds from the
licensed premises of any wholesale dealer or retail dealer may be
granted by the wholesale dealer or retail dealer to any person
apparently above the age of sixteen years. The certificate shall
state the quantity of gunpowder intended to be removed, the places
to which and the persons to whom it is to be delivered, and the
hours within which and the route by which the removal is intended
to be effected.
25. Every wholesale dealer or retail dealer in gunpowder
shall, on a request in writing obtain from the police officer in
Granting of
permit.
Certificate for
removal.
Certificate book.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 16:02 Explosives
charge of the Division in which his licensed premises are situated,
a certificate book containing the prescribed forms of certificate
and counterfoils, for which he shall give a receipt.
26. (1) Every wholesale or retail dealer shall enter in one of
the certificates and in its counterfoil the prescribed particulars,
before sending out, delivering or permitting the removal from his
premises of any quantities of gunpowder exceeding five pounds,
and shall deliver the certificate with the gunpowder to the person
named in the certificate.
(2) He shall use the certificates in the order in which they
are numbered in the certificate book.
(3) He shall keep the certificate book in his licensed
premises open to inspection by any constable, and shall allow any
constable to examine the same and take any extract therefrom.
(4) He shall return the certificate book when it is
exhausted or on request to the police officer in charge of the
Division in which his licensed premises are situated, who shall
give a receipt for it.
27. Any wholesale dealer or retail dealer who sends out or
delivers or suffers to be removed from his licensed premises any
quantity of gunpowder required to be accompanied by a certificate,
without a certificate or accompanied by an inaccurate certificate,
is liable to a fine of four hundred dollars.
28. Any wholesale dealer or retail dealer who uses or
suffers to be used any certificate taken from his certificate book
except for the removal of gunpowder from his own licensed
premises, or delivers or parts with any form of certificate without
filling it up as required by this Act, is liable to a fine of four
hundred dollars.
29. Any person to whom a certificate for the removal of
gunpowder is granted who fails to comply with the terms prescribed
on the certificate is liable to a fine of four hundred dollars.
Use and return
of certificates.
Absence of or
improper
certificate.
Illegal use of
certificate.
Non-compliance
with
terms of
certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 19
General rules as
to removal
within Trinidad
and Tobago.
30. (1) When any gunpowder is removed or conveyed from
place to place in Trinidad and Tobago, either wholly by land or
partly by land and partly by water, the following general rules as
to packing and other things shall be observed:
(a) the gunpowder, if not exceeding thirty pounds in
quantity, shall be contained in a substantial case,
bag, canister; or other package made and closed
so as to prevent the gunpowder from escaping;
(b) the gunpowder, if exceeding thirty pounds in
quantity, shall be divided into parcels, each of
which shall comprise not more than five pounds,
and be contained in a substantial case, bag,
canister or other package made and closed so as
to prevent the gunpowder from escaping;
(c) the interior of every package shall be kept free
from grit and otherwise clean;
(d) every package when actually used for the
package of gunpowder shall not be used for any
other purpose;
(e) there shall not be any iron or steel in the
construction of any package, unless the same
is effectively covered with tin, zinc or
other material;
(f) on the outside of every package there shall be
affixed the word “Gunpowder” in conspicuous
characters by means of a brand or securely
attached label or other mark; and
(g) the gunpowder shall be in the charge and under
the custody of some male person above the age
of sixteen years, who, when the quantity of
gunpowder exceeds five pounds, shall have the
permit for its removal in his possession, and shall
produce and show the permit to anyone who
demands to see it.
(2) In the event of any breach, by any act or default, of
any general rule in this section, the gunpowder in respect of
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 16:02 Explosives
which the breach is committed shall be forfeited and the person
committing the breach is liable to a fine of two thousand dollars.
(3) The Minister may make Rules rescinding, altering,
or adding to the general rules contained in this section.
PART II
SAFETY CARTRIDGES
31. (1) No person other than a wholesale dealer or a retail
dealer shall import safety cartridges into Trinidad and Tobago
except that this enactment shall not apply to a person importing
safety cartridges for his own use.
(2) Any person who contravenes this section is liable to a
fine of two thousand dollars.
32. (1) No person other than a wholesale dealer or a retail
dealer shall sell safety cartridges or shall offer or expose the same
for sale.
(2) Any person who contravenes this section is liable to a
fine of one thousand dollars.
33. (1) No dealer in safety cartridges shall keep safety
cartridges in any vault or safe where gunpowder is kept.
(2) Any person who contravenes this section is liable to a
fine of one thousand dollars.
34. (1) Every wholesale dealer or retail dealer who deals in
safety cartridges shall keep on his licensed premises a book to be
called the Cartridge Receipt Book according to the Form C in
the Schedule, and another book to be called the Cartridge Delivery
Book in the Form D in the Schedule, and he shall, immediately
on the receipt or delivery of any safety cartridges, make the
proper entries in the respective books according to the forms in
the Schedule.
(2) Any dealer in safety cartridges who omits to make
any such entry, or makes any entry which is false in any particular,
is liable to a fine of one thousand dollars.
Importation.
Sale.
Storage.
Books to be
kept.
Schedule.
Forms C and D.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 21
PART III
EXPLOSIVES GENERALLY
35. (1) No person, other than a licensed wholesale dealer, shall
import into Trinidad and Tobago any explosive unless he first
obtains a licence in that behalf from the Minister who may in his
absolute discretion refuse the same or grant the same subject to
such terms and conditions as he may think fit; but no such licence
shall be required for the importation of safety cartridges.
(2) Subject to this Part the provisions of Part I as to the
importation, sale and removal of gunpowder shall mutatis mutandis
apply to every other explosive except safety cartridges.
(3) Any person who contravenes this section or the
conditions of a licence issued hereunder is liable to a fine of two
thousand dollars.
36. (1) The Minister may provide a magazine in which any
description of explosive may be stored, and every person importing
or keeping any explosive under a licence issued under this Part
shall store the explosive either in the Government magazine or in
a building or place approved by the Minister.
(2) The Minister may make Regulations relating to—
(a) the conditions under which explosives may be
stored in the magazine;
(b) the rent to be paid and the times at, and the manner
in which, the rent shall be payable or recoverable;
(c) the sale or disposal of explosives in respect of
which any rent may be in arrears, and the manner
in which the proceeds of any such sale shall be
dealt with.
37. The Minister may, by Order, prohibit absolutely, or subject
to conditions or restrictions, the manufacture, keeping, importation,
conveyance and sale or any of them of any explosive which is of
so dangerous a character that, in the judgment of the Minister, it is
expedient for the public safety to make the Order.
Importation
and storage of
explosives.
Storage in
Government
magazine or
approved place.
Prohibition of
manufacture,
importation,
sale, etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 16:02 Explosives
38. If any explosive is manufactured in contravention of any
such Order, all or any part or ingredient of the explosive which
may be found either in or about any place, or in the possession or
under the control of any person convicted under this section, may
be forfeited, together with all machinery, implements and utensils
used in the manufacture; and the person so manufacturing is liable
on indictment to a fine of twenty thousand dollars or to
imprisonment for ten years.
39. If any explosive is imported, kept, conveyed or sold in
contravention of any such Order—
(a) all or any part of the explosive may be
forfeited; and
(b) any person concerned in importing or bringing
into Trinidad and Tobago or the waters thereof
any such explosive whether the same be
unshipped or not, and any person who unships or
conveys or is in any way concerned in the
unshipping or conveying of any such explosive,
or who knowingly harbours, keeps or conceals
or knowingly permits or suffers or causes or
procures to be harboured, kept, or concealed, any
such explosive, or to whose possession any such
explosive knowingly comes, is liable, on
indictment, to a fine of twenty thousand dollars,
and to imprisonment for ten years; but this section
shall not extend to any such explosive imported
or unshipped under and according to a licence
granted by the Minister.
PART IV
MISCELLANEOUS PROVISIONS
40. (1) A police officer may at any time when such premises
are open for business, enter the premises of any wholesale or retail
dealer and inspect all explosives in the stock of the dealer and the
receptacles in which the same may be stored, and also inspect the
books kept by any such dealer under this Act, and take a copy of
any entries in any of such books.
Contravening
Order as to
manufacture.
Contravening
Order as to
importation, etc.
Inspection of
stock and books.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 23
(2) Any such dealer who refuses to allow the inspection
to be made or copy to be taken, or obstructs any police officer
while making the inspection or taking the copy, is liable to a fine
of one thousand dollars.
(3) Any wholesale or retail dealer whose stock of
explosives does not correspond with the amount as shown by the
entries in the books kept by the dealer under this Act is, in the
absence of any reasonable explanation by the dealer, liable to a
fine of one thousand dollars.
41. (1) Where any officer of Customs or constable has
reasonable cause to believe that any offence has been or is being
committed with respect to an explosive in any place (whether a
building or not, or a vessel or vehicle), or that any explosive is in
any such place in contravention of any Order of the Minister, or
that the terms and conditions of any such Order are not duly
observed in any such place, the officer or constable may apply to a
Magistrate or Justice for a warrant (which warrant the Magistrate
or Justice shall grant, upon reasonable ground being assigned upon
oath) to search the place and every part thereof, and on obtaining
the warrant and on producing the same, if demanded, the officer
or constable may enter at any time, and, if need be, by force, and
as well as Sundays as on other days, the place and every part thereof,
and examine the same and search for explosives therein, and take
samples of any explosive and ingredient of an explosive therein,
and any substance reasonably supposed to be an ingredient of an
explosive which may be found therein.
(2) Every person who, by himself or by any other
person, fails to admit into any place occupied by or under the
control of such person any officer or constable demanding to
enter in pursuance of this section, or in any way obstructs the
officer or constable in the execution of his duty under this
section, is liable to a fine of two thousand dollars, and is also
liable to forfeit all explosives and ingredients thereof which are,
at the time of the offence, in his possession or under his control
at the place.
Power to search
for explosives.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 16:02 Explosives
Seizure and
detention of
explosive liable
to forfeiture.
42. Where any officer or constable as mentioned above has
reasonable cause to believe that any explosive, or ingredient of an
explosive, or substance found by him is liable to be forfeited under
this Act, he may seize and detain the same until a Magistrate has
determined whether the same is or is not so liable to be forfeited,
and with respect thereto the following provisions shall have effect:
(a) the officer or constable seizing may either require
the occupier of the place in which it was seized
(whether a building or not, or a vessel or vehicle)
to detain the same in such place or in any place
under the control of the occupier, or may remove
it in such manner and to such place as will, in his
opinion, least endanger the public safety and there
detain it, and may, where the matter is urgent and
fraught with serious public danger, if authorised
in writing by the Comptroller of Customs and
Excise, a Justice or a police officer, cause the same
to be destroyed or otherwise rendered harmless;
but before destroying or rendering harmless the
same, he shall take and keep a sample thereof,
and shall, if required, give a portion of the sample
to the person owning the explosive or having the
same under his control at the time of the seizure;
and any such occupier who, by himself or by any
other person, fails to keep the same when he is
required in pursuance of this section to detain it,
and any such occupier or other person who, except
with the authority of the officer or constable
seizing the same, or of the Comptroller of
Customs and Excise, or a police officer, or, in
case of emergency, for the purpose, of preventing
explosion or fire, removes, alters or in any way
tampers or deals with the same while so detained,
is liable to a fine of two thousand dollars, and
also is liable to forfeit all explosives and
ingredients thereof which are, at the time of the
offence, in his possession or under his control at
the said place;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 25
(b) the proceedings before the Magistrate for
determining whether the same is or is not liable
to forfeiture shall be commenced as soon as
practicable after the seizure;
(c) the receptacles containing the same may be
seized, detained and removed in like manner as
the contents thereof;
(d) the officer or constable seizing the same may use,
for the purposes of the removal and detention
thereof, any vessel or vehicle in which the same
was seized, and any tug, tender, engine, tackle,
beasts and accoutrements belonging to or
drawing, or provided for drawing, the vessel or
vehicle, and shall pay to the owner a reasonable
compensation for the use, to be determined in case
of dispute, by a Magistrate, and to be recovered
in like manner as any penalty under this Act;
(e) the same shall, so far as practicable, be kept and
conveyed in accordance with this Act, and with
all due precaution to prevent accidents, but the
person seizing, removing, detaining, keeping or
conveying the same shall not be liable to any
penalty, punishment, or forfeiture under this or
any other Act or to any damages for keeping or
conveying the same, so that he uses all such due
precautions as mentioned above; and
(f) the officer or constable seizing or dealing with
the same in pursuance of this section shall not be
liable to damages or otherwise in respect of the
seizure or dealing or any act incidental to or
consequential thereon, unless it is proved that he
made the seizure without reasonable cause or that
he caused damage to the article seized by some
wilful neglect or default.
43. (1) The Comptroller of Customs and Excise, any First
Division Police Officer, and any officer appointed by the
Inspection of
wharf, vehicle,
etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 16:02 Explosives
Minister for the purposes of this Act or of any Rules or
Regulations or Order of the Minister made under this Act, may,
for the purpose of ascertaining whether this Act or of such Rules
or Regulations, or the terms and conditions of any such Order,
with respect to the conveyance, loading, unloading and importation
of an explosive are complied with, enter, inspect and examine at
any time, and as well on Sundays as on other days, the wharf,
vehicle or vessel of any carrier or other person who conveys
goods for hire, or of the occupier of any factory, warehouse, or
store or of the importer of any explosive, on or in which wharf,
vehicle, or vessel he has reasonable cause to suppose an explosive
to be for the purpose or in course of conveyance, but so as not
unnecessarily to obstruct the work or business of any such carrier,
person, occupier or importer.
(2) Any such officer, if he finds any offence being
committed against this Act, or against any Rules or Regulations or
Order of the Minister made under this Act, on or in any such wharf,
vehicle, or vessel or on any public wharf, may seize and detain or
remove the vehicle or vessel, or the explosive, in such manner and
with such precautions as may appear to him to be necessary to
prevent any danger to the public, and may seize and detain the
explosive, as if it were liable to forfeiture.
(3) Any such officer, and any officer of Customs, or
constable, who has reasonable cause to believe that any offence
against this Act, or against any Rules or Regulations or Order of
the Minister made under this Act, is being committed in respect of
any vehicle or any vessel conveying, loading or unloading any
explosive, and that the case is one of emergency, and that the delay
in obtaining a warrant will be likely to endanger life, may stop and
enter, inspect and examine the vehicle or vessel, and, by detention
or removal thereof or otherwise take such precautions as may be
reasonably necessary for preventing the danger, in like manner as
if the explosive was liable to forfeiture.
(4) Every such officer or constable shall, for all the
purposes of this section, have the same powers and be in the same
position as if he were authorised by a search warrant granted under
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 27
this Act, and every person who fails to admit or obstructs the officer
or constable is liable to the same penalty as a person who fails to
admit or obstructs an officer or constable so authorised as
mentioned above.
44. Where any officer or constable in pursuance of this Act
takes a sample of any explosive, ingredient or substance, he shall
pay for or tender payment for the same to such an amount as he
considers to be the market value thereof, and the occupier of the
place in which, or the owner of the bulk from which, the sample
was taken may recover any excess of the real value over the amount
so paid or tendered from the officer or constable taking the sample,
as a debt in the Petty Civil Court within the jurisdiction of which
the sample was taken.
45. Any person who is found committing any act for which
he is liable to a penalty under this Act or under any Regulations
made thereunder and which tends to cause explosion or fire in or
about any house, store, railway, harbour or wharf, or in or about
any sugar, cocoa or coffee plantation, or any building thereon, or
in or about any vehicle or vessel, may be apprehended without a
warrant by any constable, or by the occupier, or the agent or servant
of, or other person authorised by, the occupier of the house, store,
plantation or building, or by any person employed on the railway,
or by any officer of Customs, or by any Harbour Master, Assistant
Harbour Master, or person authorised by any Harbour Master or
Assistant Harbour Master, and be removed from the place at which
he was arrested, and conveyed as soon as conveniently may be
before a Magistrate to be dealt with according to law.
46. When a carrier or owner or master of a vessel is prevented
from complying with this Act or any Regulation made thereunder
by the wilful act, neglect or default of the consignor or consignee
of the explosive or other person, or by the improper refusal of the
consignee or other person to accept delivery of the explosive, the
consignor, consignee or other person who is guilty of the wilful
act, neglect, default, or refusal is liable to the same penalty to which
the carrier, owner or master is liable for a breach of this Act, and
Payment for
sample.
Power to arrest
offenders.
Exemption in
certain cases of
carriers and
owners and
masters of ships.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 16:02 Explosives
his conviction shall exempt the carrier, owner or master from any
penalty or forfeiture under this Act, or under the Regulation.
47. Any act or default in respect of which a fine not
exceeding two thousand dollars is imposed by this Act or by any
Regulation made thereunder shall be an offence punishable on
summary conviction.
48. Where any person is guilty of an offence under this Act or
any Regulations or Rules made thereunder which, in the opinion
of the Magistrate who tries the case, was reasonably calculated to
endanger the safety of or cause serious personal injury to any person
or to cause a dangerous accident, and was committed wilfully by
the personal act, personal default or personal negligence of the
person accused, such person is liable, if the Magistrate is of opinion
that a pecuniary penalty will not meet the circumstances of the
case, to imprisonment for six months.
49. All moneys received under this Act, whether by way of
penalty or otherwise, shall be paid into the Consolidated Fund.
50. Nothing contained in this Act shall apply to any explosive
the property of the State, and held for the purposes of any of the
Naval, Military or Air Forces of Trinidad and Tobago or held for
the public service of Trinidad and Tobago.
51. If at any time in the opinion of the Minister an emergency
has arisen in which it is expedient for the safety of the public peace
that the State should have control over the possession, sale, disposal
or use of any explosive the Minister may, during the continuance
of the emergency, make such Orders as may appear desirable with
respect to the possession, sale, disposal or use of any explosive
and may Order any explosive to be delivered up on demand to
such person or persons as the Minister may appoint.
Recovery of
penalties.
Power in certain
cases to award
imprisonment
unconditionally.
Appropriation of
moneys.
Exemption.
Emergency
measures.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 29
SCHEDULE
FORM A
GUNPOWDER RECEIPT BOOK
Quantity
Number and
description of
packages
Date
of
Receipt
Name of person or firm from whom
received; or if imported, name of person
or firm from whom and of ship by
which imported
FORM B
GUNPOWDER DELIVERY BOOK
Section 16.
Section 16.
Date of
Delivery
Name and address
of person or firm to
whom sold or to
whom delivery is
to be made
Quantity
Number
and
description
of packages
Name and address
of carrier or person
to whom delivered
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 16:02 Explosives
FORM C
CARTRIDGE RECEIPT BOOK
Date of
Receipt
Name and address
of person or firm
from whom
received or
imported
Name and
line of
ship by
which
imported
Number
and
description
of packages
Nature,
calibre and
description
of
Cartridges
Number
of
Cartridges
of each
kind
FORM D
CARTRIDGE DELIVERY BOOK
Date of
Delivery
Name and address of
person or firm to
whom sold or to whom
delivery is to be made
Name and
address of carrier
or person to
whom delivered
Nature,
calibre and
description of
Cartridges
Number of
Cartridges
of each
kind
Section 34.
Section 34.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 31
SUBSIDIARY LEGISLATION
POWDER MAGAZINE RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Receiving and delivering.
3. Absence of magazine keeper.
4. Opening magazine buildings, etc.
5. Going inside magazine buildings.
6. Opening door.
7. Inside magazine buildings.
8. Enclosure surrounding magazine buildings.
9. Animal or vehicle.
10. Fire.
11. Smoking.
12. Opening package of gunpowder.
13. Repacking gunpowder.
14. Package in distribution house.
15. Leaking.
16. Doors.
17. Breach.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
32 Chap. 16:02 Explosives
[Subsidiary]
POWDER MAGAZINE RULES
made under section 5
1. These Rules may be cited as the Powder Magazine Rules.
2. Gunpowder will only be received into and delivered
from the magazine between the hours of 7.00 a.m. and 6.00 p.m.
3. The magazine keeper shall not absent himself from the
magazine during these hours except by permission of the
Commissioner of Police, and not at any other time for a longer
period than two hours, except by permission of the Commissioner
of Police, when, if necessary, he will be temporarily relieved by a
constable detailed for the purpose.
4. No one is allowed to open the magazine buildings or
deliver or receive gunpowder except the keeper and his assistants,
and no other person shall be allowed to go or remain inside of the
buildings of the magazine or the enclosures surrounding it without
permission from the Commissioner of Police.
5. Before allowing any one to go inside the buildings of the
magazine the keeper shall see that he has complied with the
provisions of the Act.
6. Before the door of any of the magazine buildings is opened,
the door of the enclosure surrounding it is to be shut and is to be
kept shut until the door of the building is locked.
7. Nothing is to be allowed inside the magazine buildings
except gunpowder and cartridges other than safety cartridges.
8. Nothing is to be allowed to remain in the enclosure
surrounding the magazine buildings.
9. No animal or vehicle shall be allowed within the
boundaries of the magazine except when authorised by the
Commissioner of Police.
G. 27.8.1908.
Citation.
Receiving and
delivering.
Absence of
magazine
keeper.
Opening
magazine
buildings, etc.
Going inside
magazine
buildings.
Opening door.
Inside magazine
buildings.
Enclosure
surrounding
magazine
buildings.
Animal or
vehicle.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 33
Powder Magazine Rules [Subsidiary]
10. No fire shall be allowed within the boundaries of the
magazine except in the Keeper’s house.
11. Smoking shall not be allowed at any time within twenty
yards of the magazine walls.
12. No package of gunpowder shall be opened
anywhere within the boundaries of the magazine except in the
distribution house.
13. When a merchant requires to repack gunpowder,
application must be made to the Commissioner of Police, on the
receipt of permission from whom the Keeper will allow the removal
of the package to be repacked in the distribution house.
14. Not more than one package shall be allowed in the
distribution house at one time, and the repacked packages are to
be removed from it immediately after the operation is completed.
15. If a package of gunpowder leaks, the keeper shall remove
it to the distribution house, covering it with a bag, placing the
gunpowder that has escaped in a secure package, and shall inform
the owner of the goods, in order that the gunpowder may be
transferred to a safe package.
16. The doors of the magazine buildings are to be closed when
a thunderstorm appears to be approaching from whatever distance.
17. Any one committing any breach of these Rules shall be
liable for every such breach to a penalty of two hundred dollars.
Fire.
Smoking.
Opening
package of
gunpowder.
Repacking
gunpowder.
Package in
distribution
house.
Leaking.
Doors.
Breach.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
34 Chap. 16:02 Explosives
[Subsidiary]
RENT (PRESCRIBED RATE) REGULATIONS
made under section 6
1. These Regulations may be cited as the Rent (Prescribed
Rate) Regulations.
2. The rent payable on gunpowder remaining in a magazine
beyond the period of eighteen months shall be at the rate of two
cents a month for each ten pounds weight of gunpowder.
G. 27.8.1908.
Citation.
Rent.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 35
[Subsidiary]
IMPORTATION, STORAGE, ETC., OF
DYNAMITE REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
IMPORTATION
3. Importing.
4. Time to land, etc.
5. Removing.
6. Nitroglycerine, etc.
7. Precautions.
8. Unauthorised persons.
9. Transference.
10. Covering.
STORAGE
11. Sites.
12. Designs for magazines.
MAGAZINE REGULATIONS
13. Magazine regulations.
VESSELS AND VEHICLES
14. Discharging.
15. Vessels with part cargoes of dynamite.
16. Master to report.
17. Proper coverings.
18. Conveying dynamite in vessel.
19. Approved place of landing or shipping.
20. Landing after arrival.
21. Red flag.
22. Unshipping for landing.
UNOFFICIAL VERSION
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
36 Ch. 16:02 Explosives
[Subsidiary] Importation, Storage, etc., of Dynamite Regulations
23. Quantities.
24. Receiving in magazine.
25. In charge of constable.
26. Thunderstorm.
EXPLOSIVES, SAMPLES, BOOKS
27. Explosives.
28. Samples.
29. Books.
30. Breach.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
UNOFFICIAL VERSION
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 37
[Subsidiary]
IMPORTATION, STORAGE, ETC., OF
DYNAMITE REGULATIONS
made under section 8
1. These Regulations may be cited as the Importation,
Storage, etc., of Dynamite Regulations.
2. In these Regulations, “Officer or person named in the
Regulations” shall be deemed to include any Police Officer above
the rank of constable.
IMPORTATION
3. (1) No dynamite shall be imported into Trinidad and
Tobago unless securely packed in wooden cases containing not
less than twenty-five pounds and not more than fifty pounds,
and accompanied by a certificate declaring the place and date
of manufacture.
(2) Every package in which dynamite is kept shall be
painted red and legibly marked “Dynamite—To be handled with
care”. The packages shall be legibly marked with place and date
of manufacture and shall be secured and stored to the satisfaction
of the Commissioner of Police, and shall at all times be kept in
good order and repair.
4. No dynamite shall be landed, received or removed
between 6.00 p.m. and 7.00 a.m., without special permission of
the Commissioner of Police, in order to provide for the arrival or
despatch of dynamite by early or late vessels.
5. Dynamite landed, received or discharged at any wharf shall
be removed without delay to a magazine for storage.
6. Nitroglycerine or any such substances shall not be allowed
to leak or escape into any inlet or drain communicating with a
sewer in any part of Trinidad and Tobago.
7. Any person removing dynamite shall take all necessary
precautions to protect the dynamite from exploding by concussion
G. 2.9.1915.
[45 of 1979].
Citation.
Interpretation.
Importing.
Time to
land, etc.
Removing.
Nitroglycerine,
etc.
Precautions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
38 Ch. 16:02 Explosives
[Subsidiary] Importation, Storage, etc., of Dynamite Regulations
or in any other manner and shall give notice to the public by
means of a red flag attached to the vehicle that dynamite is being
conveyed in it.
8. All due precautions shall be taken to prevent unauthorised
persons from having access to the packages or buildings
containing dynamite.
9. The transference of dynamite from any package to any
other receptacle shall be conducted after 7.00 a.m. and before
6.00 p.m., with every reasonable precaution against explosion or
spilling of the dynamite.
10. Dynamite or cases containing dynamite shall not be
exposed to the rays of the sun, and when necessary a covering
of heavy canvas or other suitable material shall be used to cover
the dynamite or cases of dynamite.
STORAGE
11. Importers of dynamite must provide for their own use
magazines on sites to be approved by the Minister and which
will be situated at safe distances from dwelling houses and
buildings generally.
12. (1) The designs for such magazines must be approved
by the Minister and will be subject to conditions and restrictions
approved by the Minister.
(2) No dynamite shall be permitted to remain in the
magazine for a period exceeding six months, except with the
permission, in writing, of the Minister.
(3) Any dynamite which has been stored for a period
amounting to six months shall, subject to the provisions of
subregulation (2), be removed from the magazine where it is
stored, and if not disposed of for immediate use, destroyed in such
a manner as may be approved by the Minister. The disposal of, or
destruction of dynamite shall not entitle the owners thereof to
any compensation.
Unauthorised
persons.
Transference.
Covering.
Sites.
Designs for
magazines.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Ch. 16:02 39
Importation, Storage, etc., of Dynamite Regulations [Subsidiary]
(4) Dynamite will only be received into and delivered
from a magazine bewteen the hours of 7.00 a.m. and 6.00 p.m.,
except by special permission of the Commissioner of Police in
order to provide for the arrival, or despatch, of dynamite by early
or late vessels.
(5) Only the Keeper and his assistants are allowed to open
the magazine buildings and to deliver and receive dynamite, and
no other person shall be allowed to go and remain inside the
buildings of the magazine or the enclosure surrounding it without
the permission of the Commissioner of Police.
(6) No animal or vehicle shall be allowed within the
boundaries of the magazine unless authorised by the Commissioner
of Police.
(7) Smoking shall not be allowed at any time within
twenty yards of the magazine walls.
(8) No package of dynamite shall be opened
anywhere within the boundaries of the magazine except in the
distribution house.
(9) When an importer desires to repack dynamite he shall
make application to the Commissioner of Police, on the receipt of
whose permission the Keeper shall allow the removal of the
package which must be repacked in the distribution house. Not
more than one package shall be allowed in the distribution house
at any one time and each package when repacked must be
immediately removed.
(10) If dynamite is found escaping from a package the
Keeper shall after covering the package with a bag at once remove
it to the distribution house and shall place the dynamite that has
escaped in a secure package. The keeper shall at once inform the
owner of the damaged package in order that the dynamite may be
transferred to a safe package.
(11) The following general rules for magazines shall
apply to all magazines where dynamite is stored:
(a) every building in which dynamite is kept shall
be used only for the keeping of dynamite and
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
40 Ch. 16:02 Explosives
[Subsidiary] Importation, Storage, etc., of Dynamite Regulations
receptacles for dynamite or tools or implements
for work connected with the keeping of
the dynamite;
(b) the interior of every such building and all
benches, shelves and fittings in such building
shall be so constructed or so lined or covered as
to prevent the exposure of any iron or steel and
the detaching of any grit, iron, steel or similar
substance in such manner, as to come into contact
with the dynamite, and the interior benches,
shelves and fittings shall be kept free from grit
and otherwise clean;
(c) detonators, fuses, charcoal whether ground or
otherwise, and oiled cotton, oiled rags and oiled
waste, and any articles whatever liable to
spontaneous ignition, shall not be taken into any
such building;
(d) no repairs shall be done to or in any part of such
building except in accordance with the directions
of the Minister;
(e) all tools and implements used in any repairs to
or in any such building shall be made only of
wood or copper or brass or some soft metal or
material, or shall be covered with some safe and
suitable material;
(f) every person entering into any such building shall
wear clothes without pockets, and shoes (if any)
without any iron or steel therein, and no person
shall introduce into any such building any lucifer
matches or any artificial light (except luminous
surfaces incapable of producing ignition) or any
substance or article likely to cause explosion or
fire, or any iron, steel or grit;
(g) any vehicle in which dynamite is conveyed to
or from any magazine shall be constructed without
any exposed iron or steel in the interior thereof,
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Ch. 16:02 41
Importation, Storage, etc., of Dynamite Regulations [Subsidiary]
Magazine
regulations.
Discharging.
Vessels with
part cargoes of
dynamite.
Master to report.
and shall contain only the dynamite and shall be
closed or otherwise properly covered over; and
the dynamite shall be so conveyed with all due
diligence and with such precautions and in such
manner as will sufficiently guard against any
accidental ignition;
(h) no person under the age of sixteen years shall be
employed in or enter any building containing
dynamite except in the presence and under the
supervision of some competent older person.
MAGAZINE REGULATIONS
13. (1) Before allowing anyone to go inside the buildings
of the magazine the Keeper shall see that he has complied with
the provisions of the Act.
(2) Before the door of any of the magazine buildings is
opened, the door of the enclosure surrounding it is to be shut and
is to be kept shut until the door of the building is locked.
(3) Nothing is to be allowed to remain in the enclosure
surrounding the magazine buildings.
(4) No fire shall be allowed within the boundaries of the
magazine except in the keeper’s house, if any.
(5) The doors of the magazine buildings are to be
closed when a thunderstorm appears to be approaching from
whatever distance.
VESSELS AND VEHICLES
14. Dynamite shall not be discharged from any vessel between
the hours of 6.00 p.m. and 7.00 a.m.
15. Vessels with part cargoes of dynamite shall not, between
the hours of 6.00 p.m. and 7.00 a.m., discharge any merchandise
from or receive any merchandise into any hold in which dynamite
is stored.
16. (1) The master of every vessel arriving in Trinidad and
Tobago with dynamite on board shall report the fact to the
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
42 Ch. 16:02 Explosives
[Subsidiary] Importation, Storage, etc., of Dynamite Regulations
Proper
coverings.
Conveying
dynamite in
vessel.
Approved place
of landing or
shipping.
Landing after
arrival.
Red flag.
Unshipping for
landing.
Harbour Master or other boarding officer when the vessel is boarded
and the master of every vessel intending to receive or discharge
dynamite shall notify his intention of so doing four hours previous
to the dynamite leaving the shipping place or vessel, as the case
may be.
(2) All vessels having dynamite on board or intending
to receive or discharge dynamite shall be moored and anchored
in such a place as may from time to time be pointed out by the
Harbour Master.
17. All vessels used for the purpose of conveying dynamite
between vessels and the shore or for transhipment of dynamite
from one vessel to another shall be provided with proper coverings.
18. No vessel in which dynamite is being conveyed shall have
any other explosive substance on board nor shall detonators be
carried in the same boat, nor shall there be any person in such boat
except the men employed therein, and no person so employed shall
be allowed to smoke or have in his possession any matches or any
substance or article likely to cause explosion or fire.
19. Dynamite shall be landed or shipped at or from the
Petroleum Warehouse Jetty or other place approved by the
Comptroller of Customs and Excise.
20. All vessels having on board dynamite intended to be landed
in Trinidad and Tobago shall cause the same to be landed within
seventy-two hours after arrival unless otherwise permitted by
writing under the hand of the Harbour Master.
21. All vessels and vehicles conveying dynamite shall carry
a red flag in some conspicuous place.
22. No dynamite shall be unshipped for landing except in such
quantities and during such times as the Harbour Master by writing
under his hand shall permit and the Harbour Master shall without
delay notify the Commissioner of Police in writing of the quantity
of dynamite and the hour at which it will be landed.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Ch. 16:02 43
Importation, Storage, etc., of Dynamite Regulations [Subsidiary]
23. Dynamite shall only be landed in such quantities as
can be carried away by the Government cart between the hours
of 7.00 a.m. and 5.00 p.m. Any dynamite landed which cannot at
once be placed in the cart shall be covered with a tarpaulin.
24. Except by special permission of the Commissioner of
Police no dynamite shall be received in the magazine before the
hour of 7.00 a.m. or after 6.00 p.m. In no circumstances will
permission be given for the reception, working or removal of
dynamite before sunrise or after sunset.
25. During the time that dynamite is being landed or shipped
it shall remain in charge of a constable who shall be responsible
for the strict observance of all orders and regulations.
26. No dynamite shall be shipped, unshipped, landed or
removed during a thunderstorm.
EXPLOSIVES, SAMPLES, BOOKS
27. These Regulations shall be deemed to include the following
Explosives, viz.: Dynamite No. 1 (or Kieselguhr dynamite),
Dynamite or Vonges, Wetter dynamite, Giant Powder No. 1,
Nitromagnite or Dynamagnite, Wetter dynamite, Nobel Ardeer
Powder, Carbodynamite, Grisoutite, Forcite, Forcite antigrisouteuse
No. 2, Rhenish dynamite, Dynamite No. 2, Rend Rock, Atlas
Powders B+ and C+, Carbite, Carbonite, Stonite, Kynite, Dualine,
Judson Powder, Giant Powder No. 2, Vigorite, Vulcan Powder,
Lithofracteur, Lignin dynamites, Hercules Powder, Rhexite, Rexite,
Phoenix Powders, Castellanes Powder, Blasting gelatin, Gelatin
dynamite, Gelignite, Ammonia gelatin, Ammonia gelignite,
Grisontine Favier, Antigrison, Carbogelatin, Coronite, Gesilit,
Fordit, Celtite, Geloxite, Stowite, Safety dynamite, Guncotton
dynamite, Trauzl’s dynamite. And when these explosives are known
by any name other than dynamite such name should be marked on
the cases in place of the word “Dynamite”.
28. The importer shall furnish such number of samples as
may be required by the Comptroller of Customs and Excise and
Quantities.
Receiving in
magazine.
In charge of
constable.
Thunderstorm.
Explosives.
Samples.
[51/1980].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
44 Ch. 16:02 Explosives
[Subsidiary] Importation, Storage, etc., of Dynamite Regulations
such samples shall be forwarded to the Chief Chemist who shall
test the same. The fee for such test shall be twenty dollars.
29. At every magazine there shall be kept a book to be called
the Gunpowder Receipt Book according to the Form A in the
Schedule to the Act and another book to be called the Gunpowder
Delivery Book according to Form B in the said Schedule, and the
Keeper of the magazine shall immediately on the receipt or the
delivery of any dynamite make the proper entries in the books
according to the forms. The keeping of these books shall be
additional to the keeping of any books which every wholesale dealer
or retail dealer is required to keep on his licensed premises as
provided for in the Act. These books will be balanced and squared
off at the close of each calendar month, so as to clearly show amount
of explosives on hand on the first of each month, the amount
received during that month, the amount issued during the month
and the amount remaining on hand at the close of the month.
30. Any person committing or attempting to commit any
breach of the foregoing Regulations is liable to a penalty of one
thousand dollars for each offence, and two hundred dollars for
each day during which the offence continues, and forfeiture of all
or any part of the dynamite in respect of which, or found in the
vessel or vehicle in respect of which, the breach of Regulation has
taken place.
Books.
Breach.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 45
[Subsidiary]
IMPORTATION, STORAGE, ETC., OF GUNPOWDER AND
CARTRIDGES OTHER THAN SAFETY
CARTRIDGES REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Arrival.
3. Mooring and anchoring.
4. Proper covering.
5. Conveying gunpowder in boat.
6. Quantity.
7. Approved place.
8. Landing after arrival.
9. Red flag.
10. Hours of landing.
11. In charge of constable.
12. Thunderstorm.
13. Application.
14. Breach.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
46 Chap. 16:02 Explosives
[Subsidiary]
IMPORTATION, STORAGE, ETC., OF GUNPOWDER
AND CARTRIDGES OTHER THAN SAFETY
CARTRIDGES REGULATIONS
made under section 8
1. These Regulations may be cited as the Importation,
Storage, etc., of Gunpowder and Cartridges other than Safety
Cartridges Regulations.
2. The Master of every vessel arriving in Trinidad and Tobago
having gunpowder on board shall report the fact to the Harbour
Master or other Boarding Officer when he boards the vessel, and
the Master of every vessel intending to receive or discharge
gunpowder shall notify his intention of so doing four hours
previously to the gunpowder leaving the shipping-place or vessel,
as the case may be.
3. All vessels having gunpowder on board or intending to
receive or discharge gunpowder shall be moored and anchored in
such place as may from time to time be pointed out by the
Harbour Master.
4. All boats used for the purpose of conveying gunpowder
between vessels and shore or for transhipment of gunpowder from
one vessel to another shall be provided with a proper covering.
5. No boat in which gunpowder is being conveyed shall
have any other explosive matter on board nor shall there be any
person in such boat except the men employed therein, and no person
so employed shall be allowed to smoke or have in his possession
any matches or any substance or article likely to cause explosion
or fire.
6. No gunpowder shall be unshipped for landing except in
such quantities and during such times as the Harbour Master by
writing under his hand permits; and the Harbour Master, shall,
without delay, notify the Commissioner of Police in writing of the
quantity of gunpowder and the hour at which it will be landed.
GN 8 of 1908.
[45 of 1979].
Citation.
Arrival.
Mooring and
anchoring.
Proper covering.
Conveying
gunpowder in
boat.
Quantity.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 47
[Subsidiary]Importation, Storage, etc., of Gunpowder and Cartridges
other than Safety Cartridges Regulations
7. Gunpowder shall not be landed or shipped at any place
other than a place designated by the Harbour Master.
8. All vessels having on board gunpowder intended to be
landed in Trinidad and Tobago shall cause the same to be landed
within seventy-two hours after arrival, unless otherwise permitted
by writing under the hand of the Harbour Master.
9. All boats and vehicles conveying gunpowder shall carry a
red flag in some conspicuous place.
10. Gunpowder will only be landed in such quantities as can
be carried away by the Government carts between the hours of
7.00 a.m. and 5.00 p.m., after which hour none shall be landed
nor allowed to remain on the landing place. Any powder landed
which cannot at once be placed in the carts shall be covered with
a tarpaulin.
11. During the time that gunpowder is being landed or shipped
it will remain in charge of a constable, who will be responsible for
the strict observance of all Regulations.
12. No gunpowder shall be shipped, unshipped, landed or
removed during a thunderstorm.
13. The foregoing Regulations shall apply to cartridges
other than safety cartridges.
14. Any person committing, or attempting to commit any
breach of these Regulations is liable to a penalty of one thousand
dollars for each offence and two hundred dollars for each day during
which the offence continues, and the whole of the gunpowder or
cartridges in respect of which, or found in the vessel or vehicle in
respect of which, the breach of Regulation has taken place, shall
be forfeited.
Approved
place.
Landing after
arrival.
Red flag.
Hours for
landing.
In charge of
constable.
Thunderstorm.
Application.
Breach.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
48 Chap. 16:02 Explosives
[Subsidiary]
STORAGE OF DYNAMITE REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Storing dynamite.
3. Rent.
4. Rent in arrear.
5. Charges and expenses.
6. Surplus.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 49
[Subsidiary]
STORAGE OF DYNAMITE REGULATIONS
made under section 36(2)
1. These Regulations may be cited as the Storage of
Dynamite Regulations.
2. Any person may store dynamite in any magazine provided
by Government of which notice in the Gazette has been given
subject to the following conditions:
(a) any person desiring to store dynamite in a
Government Magazine shall apply to the
Commissioner of Police for permission to do so
and it shall be in the discretion of the
Commissioner of Police whether to grant the
permission or not;
(b) no dynamite shall be permitted to remain in the
magazine for a longer period than two years
provided that if any dynamite has, in the opinion
of the Commissioner of Police begun to
deteriorate before the period of two years has
elapsed he may direct the person who deposited
it in the magazine to remove it within three days;
(c) if such person does not remove it within two years,
or within such shorter term as provided for above,
the Commissioner of Police may cause the same
to be destroyed and the expenses attendant thereon
shall be recoverable as a debt from any such
person as mentioned above.
3. Every person depositing dynamite in a Government
Magazine shall pay to the Comptroller of Accounts rent at the
rate of twenty-five cents for every fifty pounds or portion
thereof for every month or part thereof that the dynamite remains
in the magazine.
4. If any rent in respect of any dynamite is in arrear and
unpaid for a period of one month, the Commissioner of Police
G. 17.1.1918.
Citation.
Storing
dynamite.
Rent.
[51/1980].
Rent in arrear.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
50 Chap. 16:02 Explosives
[Subsidiary] Storage of Dynamite Regulations
may cause the same to be sold in such manner and subject to
such conditions as he thinks fit.
5. Out of the proceeds arising from the sale there shall first
be paid the charges and expenses of and incidental to the sale, and
in the next place all rent due in respect of the dynamite up to the
time of sale.
6. The surplus (if any) shall be paid to the person who
originally deposited the dynamite in the magazine or to any person
designated by him in writing under his hand.
Charges and
expenses.
Surplus.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 51
[Subsidiary]
EXPLOSIVES (MANUFACTURE OF FIREWORKS)
ORDER
ARRANGEMENT OF CLAUSES
CLAUSE
1. Citation.
2. Licence.
3. Application.
4. Licence issued.
5. Manufacturing or keeping certain substances.
6. Manufacturing or keeping explosives.
7. Explosive in magazine and building.
8. Quantity of explosive on premises.
9. Work carried on in premises.
10. Prevention of fire, etc.
11. Fire.
12. Smoking.
13. Electric lights, wiring, etc., installed.
14. Fire extinguishing appliances.
15. Hand tools, implements, etc.
16. Means of escape.
17. Intoxicated person.
18. Conveying explosive.
19. Explosive on premises.
20. Age to be employed, etc.
21. Warning notice.
22. Posting up copy of Order.
23. Precautions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
52 Chap. 16:02 Explosives
[Subsidiary]
EXPLOSIVES (MANUFACTURE OF FIREWORKS)
ORDER
made under section 37
1. This Order may be cited as the Explosives (Manufacture
of Fireworks) Order, and shall come into force on 1st January 1951.
2. No person shall after 31st March 1951, manufacture or
keep any explosive for the purpose of making fireworks on any
premises without a licence for that purpose issued and signed by
the Magistrate of the district within which the premises in respect
of which the licence is applied for are situated.
3. (1) Every application for a licence under this Order shall
state the applicant’s name, occupation and residence, the situation
of the premises to be licensed and any other relevant facts in support
of the application. The application shall not be heard until after
the expiration of twenty-one days from the date of its filing with
the Magistrate, who shall at least fourteen days before the date
fixed for the hearing cause notice of the application and of the
time and place fixed for the hearing to be published in the Gazette
and in a daily newspaper circulating in Trinidad and Tobago and
to be served on the Commissioner of Police.
(2) The applicant shall have the right of appearing before
the Magistrate at the hearing, personally or by his Attorney-at-
law, and of being heard, and of adducing evidence, in support of
his application.
(3) Any owner or occupier of property situated within a
quarter of a mile of the premises in respect of which a licence is
applied for and any member of the Police Service in charge of the
Police district in which the premises are situated shall have the
right of appearing before the Magistrate at the hearing, personally
or by his Attorney-at-law, and of objecting to the granting of the
licence and of adducing evidence in support of his objection.
(4) The Magistrate may, after taking into consideration
the arguments adduced and the evidence led at the hearing and
271/1950.
Citation.
Licence.
Application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 53
Explosives (Manufacture of Fireworks) Order [Subsidiary]
the situation of the premises in relation to its environment such
as its location in a residential area or in close proximity to any
hospital, nursing home, school, cinema, club or to any place
where any inflammable matter is or is likely to be, refuse to
grant a licence or may approve the grant of a licence; and,
without prejudice to the generality of the foregoing, the
Magistrate may refuse to grant or may revoke any licence
already granted if the proposed site, construction of premises
and amount of explosives are not in accordance with the
provisions of the Act or of this Order or if there has been any
contravention of the provisions of the Act or of this Order in
respect of the premises.
(5) Any person aggrieved by any decision of the
Magistrate approving the grant of a licence or refusing to grant a
licence may appeal from the decision to the Court of Appeal. For
the purpose of this subregulation “any person aggrieved” means
the applicant or any person who is entitled under the provisions
of this Regulation to object to the licence and who has appeared
before the Magistrate and objected to the licence.
(6) The procedure in respect of any application or of
any appeal in respect of the application shall be such as is laid
down in the Summary Courts Act.
4. Every licence issued under this Order shall be valid only
for the person named in it and shall define the premises in respect
of which it is issued and shall expire on 31st March next after it
is issued.
5. No person shall manufacture or keep, for the purpose of
making fireworks, any of the following substances:
Nitration products of any organic substances, including
picric acid, nitroglycerines and guncotton;
Fulminic acid and its derivatives and salts;
Products derived from the diazotization or
organic substances;
Ch. 4:20.
Licence issued.
Manufacturing
or keeping
certain
substances.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
54 Chap. 16:02 Explosives
[Subsidiary] Explosives (Manufacture of Fireworks) Order
Halogen compounds of nitrogen;
Mineral acids and their anhydrides;
Mixtures of chlorates with drying and semi-drying oils
including linseed oil;
Any substance containing lead, mercury or silver;
Phosphorus in any form;
Metallic azides, hydrazoic acid and its derivatives.
6. No person shall manufacture or keep any explosives for
the purpose of making fireworks on any premises unless there are
on the premises—
(a) one or more magazines for the storing of
fireworks and the explosive used for the
manufacture thereof, each of which shall be well
and substantially built of brick, stone or concrete,
or shall be excavated in solid rock or earth, and
so made and closed as to prevent unauthorised
persons having access thereto and to secure it from
danger of fire from without; and
(b) two or more detached workshops constructed so
as to be suitable for the carrying on of the
processes of manufacture, each of which shall
consist of not more than one storey.
7. No magazine and no building in which there is, or there is
liable to be, any explosive shall be nearer to any other building
or to any highway, public footpath or open place of resort for the
public or for persons carrying on any trade or business, than such
distance as the Commissioner of Police may, having regard to all
the circumstances, approve.
8. The quantity of explosive on such premises shall
not exceed—
(a) fifty pounds of any explosive other than
manufactured fireworks;
Manufacturing
or keeping
explosives.
Explosive in
magazine and
building.
Quantity of
explosive on
premises.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 55
Explosives (Manufacture of Fireworks) Order [Subsidiary]
(b) one hundred and seventy-five pounds of
manufactured fireworks, either finished or
partly finished.
9. No work shall be carried on in any part of the premises
except work immediately connected with the manufacture of
fireworks, or incidental thereto; and every magazine on the
premises shall be used only for the keeping of fireworks and of
explosive used for the manufacture of such fireworks.
10. Due precautions shall be taken for the prevention of the
introduction into any part of the premises of fire, lights, lucifer
matches, or any other article liable to cause fire or explosion, except
such as may be necessary for the purpose of carrying on the work
of manufacturing fireworks.
11. No fire shall be allowed on any part of the premises within
twenty-five yards of any magazine or of any building in which
there is, or there is liable to be, explosive.
12. No person shall smoke in any part of the premises.
13. Electric lights, wiring and apparatus installed in or taken
into a magazine or building in which there is, or there is liable to
be, any explosive shall be suitable for use therein and shall be
adequately maintained.
14. Sufficient and suitable fire extinguishing appliances shall
be provided and maintained in suitable positions on the premises.
15. (1) Hand tools, implements, trays and other containers
constructed wholly or partly of iron or steel shall not be introduced
into any magazine or into any building in which there is, or there
is liable to be, any explosive.
(2) Footwear taken into any magazine or building in which
there is, or there is liable to be, any explosive shall not be such as
to be liable to cause danger from sparks.
Work carried
on in premises.
Prevention of
fire, etc.
Fire.
Smoking.
Electric lights,
wiring, etc.,
installed.
Fire
extinguishing
appliances.
Hand tools,
implements, etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
56 Chap. 16:02 Explosives
[Subsidiary] Explosives (Manufacture of Fireworks) Order
Means of
escape.
Intoxicated
person.
Conveying
explosive.
Explosive on
premises.
Age to be
employed, etc.
Warning notice.
Posting up copy
of Order.
16. Sufficient and ready means of escape in case of accidents
shall be provided for every person employed in every part of the
premises and the door of every building in which work is being
carried on shall be constructed to open outwards and shall be kept
unlocked during the hours of work.
17. No person who is intoxicated shall be permitted to enter
or remain on the premises and no intoxicating liquor shall be
taken on to the premises.
18. When any explosive is being conveyed from one part of
the premises to another part thereof or to or from any place outside
of the premises, it shall be conveyed with all due diligence and
with such precautions and in such manner as will sufficiently guard
against any accident by fire or explosives.
19. There shall not be at any time in any part of the premises
other than a magazine more than twenty-five pounds of any
explosive other than manufactured fireworks, and of manufactured
fireworks there shall not be in any part of such premises a
quantity exceeding fifty pounds except in a building in which no
other operation but the operation of packing manufactured
fireworks is being carried on, in which case the quantity of
manufactured fireworks shall not exceed one hundred pounds; and
all finished fireworks shall with all due diligence either be removed
to the magazine of the premises or sent away immediately from
the premises.
20. A person under the age of twenty-one years shall not be
employed in or enter any magazine or any workshop used for the
carrying on of the processes of manufacture of fireworks.
21. A warning notice to trespassers is to be kept conspicuously
posted up on the premises.
22. There shall be constantly kept posted up on the premises
in such manner as to be easily read a copy of this Order.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 57
Explosives (Manufacture of Fireworks) Order [Subsidiary]
Precautions.23. All due precautions shall be taken by the occupier of the
premises, and by every person employed on or about the premises—
(a) to prevent accidents by fire or explosion on the
premises;
(b) to prevent unauthorised persons having access to
the premises, or to the explosives thereon; and
(c) to prevent any act being committed which tends
to cause fire or explosion and which is not
reasonably necessary for the purpose of the work
on the premises.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
58 Chap. 16:02 Explosives
[Subsidiary]
MAGAZINE (APPOINTMENT AND SUPERVISION) ORDER
made under section 3
1. This Order may be cited as the Magazine (Appointment
and Supervision) Order.
2. The land, containing 3.0014 hectares, described in the Plan
set out in the Schedule is hereby appointed a magazine for the
reception of gunpowder.
3. The magazine appointed under paragraph 2 shall be under
the supervision of the Commissioner of Police.
78/1991.
Citation.
Appointment of
magazine.
Schedule.
Supervision of
magazine.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 59
Magazine (Appointment and Supervision) Order [Subsidiary]
SCHEDULE
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
60 Chap. 16:02 Explosives
[Subsidiary]
MAGAZINE (APPOINTMENT AND SUPERVISION) (NO. 2)
ORDER
made under section 3
1. This Order may be cited as the Magazine (Appointment
and Supervision) (No. 2) Order.
2. The land containing 1.5000 hectares described in the Plan
set out in the Schedule is hereby appointed a magazine for the
reception of gunpowder.
3. The magazine appointed under paragraph 2 shall be under
the supervision of the Commissioner of Police.
171/1991.
Citation.
Appointment
of magazine.
Schedule.
Supervision of
magazine.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 61
Magazine (Appointment and Supervision) (No. 2) Order [Subsidiary]
SCHEDULE
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
62 Chap. 16:02 Explosives
[Subsidiary]
MAGAZINE (APPOINTMENT AND SUPERVISION) ORDER
made under section 3
1. This Order may be cited as the Magazine (Appointment
and Supervision) Order.
2. The land containing 35 acres described in the Plan set out
in the Schedule is hereby appointed a magazine for the reception
of gunpowder.
3. The magazine appointed under paragraph 2 shall be under
the supervision of the Commissioner of Police.
10/1997.
Citation.
Appointment
of magazine.
Schedule.
Supervision
of magazine.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Explosives Chap. 16:02 63
Magazine (Appointment and Supervision) Order [Subsidiary]
SCHEDULE
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
