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Explosives Act, 1956 (Act No. 26 of 1956)

22. Licensing of factories for the manufacture of explosives and magazines for the storage thereof

 

 

1)
a) Any person who desires to erect or carry on a factory for the manufacture or a magazine for the storage of explosives, shall make application for a licence therefor to the chief inspector of explosives, who may issue such a licence subject to the observance of the regulations and after consultation with the local authority, if any, and upon such other conditions as he may think fit to attach to the licence, or refuse to issue such a licence if in his opinion the applicant is not a suitable person to hold the licence in question.
b) An applicant whose application for a licence is refused by the chief inspector of explosives in terms of paragraph (a) may appeal to the Minister.

 

2) Any person who contravenes any condition of a licence issued under this section shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding four years.

 

3) Any licence issued under this section or the conditions thereof may upon application be amended by the chief inspector of explosives, provided he is satisfied that the safety of the public or of any person employed in or at the factory or magazine in question will not be thereby diminished.

 

4) Any such licence may be transferred into the name of another, provided four weeks’ notice in writing of the desire to transfer is sent to the chief inspector of explosives, who shall not refuse such a transfer, except upon the ground that the proposed transferee is not a suitable person to hold the licence in question.

 

5) Whenever the chief inspector of explosives refuses the transfer of a licence in terms of sub-section (4), the holder of the licence or the proposed transferee may appeal to the Minister.

 

6) Any licence issued under this section shall expire on a date prescribed by regulation and shall become void if the factory or magazine in question is used for any purpose not provided for in the licence.

 

7)
a) The chief inspector of explosives may revoke any licence issued under this section if he is satisfied that the holder thereof is no longer a suitable person to hold the licence in question.
b) The holder of a licence revoked under paragraph (a), may appeal to the Minister.

 

8) The fees prescribedby regulation shall be payable for any licence issued under this section.

 

9) A fee as prescribed by regulation shall be payable on every occasion that a licence is amended or transferred under this section.

 

10) The chief inspector of explosives may delegate any power or duty conferred or imposed upon him under this section in respect of magazines, to any inspector of explosives or any person deputed to act as an inspector under section 2.

 


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