Explosives Act


2008 Revised Edition

CAP. 20.16






EXPLOSIVES ACT

Explosives Act CAP. 20.16 Arrangement of Sections





2008 Revised Edition


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EXPLOSIVES ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Licence to use or sell explosives............................................................................ 5
4 Holder’s licences and dealer’s licences ................................................................. 6
5 General conditions of grant of licences ................................................................. 6
6 Period of licences................................................................................................... 6
7 Fees ........................................................................................................................ 6
8 Storage of explosives ............................................................................................. 6
9 Production of holder’s licence upon any sale ........................................................ 6
10 Obligations of persons to whom dealer’s licence is granted.................................. 7
11 Power to enter licensed places ............................................................................... 7
12 Power to enter and search any place ...................................................................... 7
13 Penalty for obstruction........................................................................................... 7
14 Penalties ................................................................................................................. 7
15 Offences by bodies corporate, etc. ......................................................................... 8


SCHEDULE 1 9

LICENCE TO HOLD AND TO USE EXPLOSIVES ISSUED UNDER THE
EXPLOSIVES ACT 9

LICENCE TO DEAL IN EXPLOSIVES ISSUED UNDER THE EXPLOSIVES
ACT 10

Arrangement of Sections CAP. 20.16 Explosives Act





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SCHEDULE 2 11

Supporting Documents

ENDNOTES 12

Explosives Act CAP. 20.16 Section 1





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EXPLOSIVES ACT

AN ACT TO REGULATE THE USE AND SALE OF EXPLOSIVES1

Commencement [25th April 1927]

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

2 Interpretation
In this Act “explosive” —

(a) means gunpowder, nitro-glycerine, dynamite, guncotton, blasting
powder, 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; and

(b) includes fog signals, rockets, percussion caps, detonators, and every
adaptation or preparation of an explosive as above defined; but

(c) does not include cartridges for firearms.

3 Licence to use or sell explosives
(1) No person shall have explosives in his possession or under his control, or use

the same, except in pursuance of a licence hereinafter called a holder’s
licence, and such licence if granted shall be in Form A of Schedule 1.

(2) No person shall import, keep for sale, sell, supply or deal in explosives except
in pursuance of a licence, hereinafter called a dealer’s licence, and if granted
such licence shall be in Form B of Schedule 1.

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4 Holder’s licences and dealer’s licences
The Commissioner of Police may grant a holder’s licence to any reputable person,
and a dealer’s licence to any person who has obtained a licence to keep a store under
the provisions of the Licences Act or a Kaupule bye-law.

5 General conditions of grant of licences
Every licence granted under this Act —

(a) shall specify the quantity of explosives not exceeding which the
licensee may hold or use or import, keep for sale, sell, supply or deal in,
as the case may be; and

(b) shall be personal and not transferable; and
(c) shall be produced by the licensee on the requisition of any police

officer; and
(d) may at any time be cancelled by the Commissioner of Police.

6 Period of licences
(1) A holder’s licence may be issued for any period not exceeding 6 months and

shall contain a statement of the purposes for which the explosives to which it
relates may be used.

(2) A dealer’s licence may be issued for any period not exceeding 12 months.

7 Fees
The fee for a holder’s licence or dealer’s licence shall be at the rate prescribed in
Schedule 2.

8 Storage of explosives
All explosives stored or kept under the provisions of this Act shall be stored or kept
only in such magazine or other suitable place or places and in such quantities as
shall be approved by the Commissioner of Police.

9 Production of holder’s licence upon any sale
The person to whom a dealer’s licence is granted shall not sell or supply explosives
to any person who has not obtained a holder’s licence and shall require the
production of a holder’s licence before any sale or supply.

Explosives Act CAP. 20.16 Section 10





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10 Obligations of persons to whom dealer’s licence is granted
The person to whom a dealer’s licence is granted shall —

(a) keep a separate sales book in which he shall record the date of each sale
of explosives, the name and address of the purchaser and the quantity
sold; and

(b) indorse on the licence of the purchaser, on the occasion of each and
every sale, the quantity of explosives purchased and the date of the
purchase; and

(c) produce his book of sales when required so to do to any police officer.

11 Power to enter licensed places
Any police officer, and any public officer authorised in writing by the
Commissioner of Police for the purpose, may enter any licensed magazine or place
at any time with a view to seeing whether the provisions of this Act or the terms and
conditions of the licence issued under the Act are being complied with.

12 Power to enter and search any place
Any police officer, and any public officer authorised in writing by the
Commissioner of Police for the purpose, may enter any place or premises where he
has reason to suspect that any explosive is concealed or deposited contrary to the
provisions of this Act, and may there search for and take possession of any such
explosive found in any such place.

13 Penalty for obstruction
Any person who assaults or obstructs or in any way interferes with any officer in the
exercise of the powers conferred upon him by this Act, shall be liable on summary
conviction to a fine of $20 or to imprisonment for 3 months.

14 Penalties
Unless otherwise provided in this Act, any person who commits a breach of the
provisions thereof or of any conditions contained in, indorsed on or attached to a
licence granted thereunder, shall be liable on summary conviction to a fine of $100
or to imprisonment for 6 months, and in addition the court may order the forfeiture
and destruction of any explosive the possession of which constitutes an offence
under this Act.

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15 Offences by bodies corporate, etc.
When the person guilty of an offence under this Act is a body of persons, whether
corporate or unincorporate, every director, manager, secretary and other officer of
such body of persons who is knowingly a party to the offence, shall also be guilty of
the offence and be liable to the like punishment.



Explosives Act CAP. 20.16 SCHEDULE 1





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SCHEDULE 1
Form A

(Section 3)

TUVALU

HOLDER’S LICENCE

LICENCE TO HOLD AND TO USE EXPLOSIVES ISSUED UNDER THE
EXPLOSIVES ACT

.................................................................having paid the prescribed fee of $2 is hereby
licensed to have in his possession .......................................................................not
exceeding ....................in quantity and to use such ............................................for the
purpose of ........................................................for the 6 months ending...........................

Dated at this ........................day of ............................................................20.........

Fee, $2.

Commissioner of Police
NOTE-Nothing contained in this licence shall be deemed to exempt the licensee from
liability for loss or damage caused by the negligent act or omission of the said licensee, or
his agent.

SCHEDULE 1 CAP. 20.16 Explosives Act





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Form B
(Section 3)

TUVALU

DEALER’S LICENCE

LICENCE TO DEAL IN EXPLOSIVES ISSUED UNDER THE EXPLOSIVES ACT

..............................................................having paid the prescribed fee of $10 is hereby
licensed to import and keep for sale ..........................................................not exceeding
.......................in quantity for the purpose of sale for 12 months ending..........................

Dated at this ........................day of ............................................................20.........

Fee, $10.

Commissioner of Police

Explosives Act CAP. 20.16 SCHEDULE 2





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SCHEDULE 2

(Section 7)

Holder’s Licence not exceeding 6 months .............................................................$2

Dealer’s Licence not exceeding 12 months .........................................................$10



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ENDNOTES


1 1990 Revised Edition. Cap. 73 – Acts 1 of 1927, 7 of 1965, 2 of 1969, 8 of 1971, 9 of 1971, 3 of

1972, LN 30/1976