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Third Regulation on Explosives Act

Original Language Title: Dritte Verordnung zum Sprengstoffgesetz

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Third Regulation on the Explosives Act (3. Explosive V)

Unofficial table of contents

3. Explosives

Date of completion: 23.06.1978

Full quote:

" Third Ordination on the Explosives Act of 23 June 1978 (BGBl. 783), as defined by Article 21 of the Law of 25 July 2013 (BGBl. 2749).

Status: Amended by Art. 21 G v. 25.7.2013 I 2749

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 7.1978 + + +) Unofficial table of contents

Input formula

On the basis of § 25 nos. 1 and 5 in conjunction with § 39 paragraph 2 sentence 1 of the Explosives Act of 13 September 1976 (BGBl. 2737), by the Federal Minister for Labour and Social Affairs, in agreement with the Federal Minister for the Interior,
Article 29 (2) (a) and (c) of the Explosives Act shall be based on the Federal Minister of the Interior,
Pursuant to Section 4 (1) No. 2 in conjunction with Section 39 (1) sentence 1 of the Explosives Act, the Federal Minister of the Interior shall, in agreement with the Federal Minister for Economic Affairs and the Federal Minister for Labour and Social Affairs,
, with the consent of the Federal Council: Unofficial table of contents

§ 1 Display

(1) If explosive substances are to be blown up, the person responsible pursuant to section 19 (1) no. 1 or, in the non-industrial area, the person responsible pursuant to § 28 sentence 1 in conjunction with section 19 (1) No. 1 of the Explosives Act shall have this to the competent to notify the Authority in writing in duplicate or in electronic form,
1.
at least four weeks before the commencement of the explosions, if several similar explosions are to be carried out within a permanent establishment or in order to carry out a project; and
2.
at least one week before any other explosives.
(2) To be indicated on the display
1.
the place, day and time of the blasting; in the case of several explosions, the period during which they are to be carried out; and
2.
Name and address of the persons responsible for the blasting as well as the number and date of the permit pursuant to § 7 or § 27 of the Explosives Act and the certificate of competence in accordance with § 20 of the Explosives Act and the authorities which permit the permission and the Have issued a certificate of competence.
You shall be attached as documents
1.
a description which indicates:
a)
the nature, procedure and scope of the explosions;
b)
the type and maximum quantity of explosives and ignition agents to be used for each explosive, in the case of explosives of the maximum quantity of explosives per ignition time scale,
c)
the removal of the blasting sites of buildings and installations in need of protection, in particular hospitals, schools, old and children's homes, sports facilities and playgrounds within a radius of at least 1,000 metres,
d)
the security measures, in particular the cover spaces for employees, the closure of traffic routes and the provision for the protection of neighbouring residential and workplaces against stone flights, shocks, explosives and noise, and
2.
a true-to-scale map of the situation, which can be seen
a)
the explosives, including their foreseeable changes in position;
b)
the removal of the blasting sites of traffic routes, homes and workplaces, and facilities of public service within a radius of at least 300 metres.
The indication referred to in paragraph 1, point 2, shall not be accompanied by a map if the display indicates the removal of the explosive site from the nearest transport routes, residential and workplaces and facilities of public supply. Unofficial table of contents

§ 2 Change Display

If, after the notification has been reimbursed, changes have been made or provided for in relation to the contents of the display or documents, the person who is subject to a notice pursuant to § 1 (1) shall have to inform the competent authority immediately in writing in Display or electronic display. If there is an increased risk associated with a change, the persons responsible for the explosion shall not be allowed to repay the amendment until one week after the amendment has been refunded, but in the case of Section 1 (1) (1) (1), but not before the expiry of four weeks after the refund has been paid of the display under the changed circumstances. Unofficial table of contents

§ 3 Exceptions to the obligation to notify

(1) § 1 shall not apply if it is to be blown up in installations which are approved in accordance with § 4 of the Federal Immission Protection Act or which are deemed to be approved pursuant to § 67 (1) of the Federal Immission Protection Act and the approval of the explosions (2) The competent authority may, on a case-by-case basis, waive the reimbursement of the notification or the observance of the time limit if it appears justified on special grounds. Unofficial table of contents

§ 4 Administrative Offences

Contrary to the provisions of Section 41 (1) (16) of the Explosives Act, those who intentionally or negligently act
1.
Contrary to § 1 (1), an advertisement is not refundable or not reimbursed in due time or, contrary to § 1 para. 2, disclosures, does not make complete, not complete, timely or incorrect information or does not submit documents, incomplete or not in good time,
2.
Contrary to § 2, a change does not indicate, not in time, incomplete or inaccurate, or performs an explosive device before the expiry of the prescribed time limits.
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§ 5

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§ 6 Berlin clause

This regulation applies in accordance with § 14 of the Third Transfer Act in conjunction with Section 52 of the Explosives Act, also in the Land of Berlin. However, the provisions of this Regulation shall not apply in the Land of Berlin in so far as they are incompatible with the legislation of the allied authorities. Unofficial table of contents

Section 7 Entry into force

(1) This Regulation shall enter into force on 1 July 1978. (2)