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

30. Regulations

 

 

1) The Minister may make regulations as to--
a) the construction of explosives factories, explosives magazines, and other danger buildings;
b) the conditions under which the manufacture of explosives may be carried on;
c) the storage of explosives, whether in explosives magazines or elsewhere;
d) the use of explosives;
e) the grant, cancellation and suspension of any permit mentioned in this Act, the period for which any such permit may be issued and the fees which shall be payable in respect of the issue of any such permit;
f) the packing, transport, importation and exportation of explosives, and the making of special rules governing the packing and transport at individual places, and the landing and handling of explosives in ports and harbours;
g) the prohibition of the transport of explosives or the use for the transportation thereof of any means of transport except under authority of a permit issued by an officer authorized by such regulations, the grant, cancellation and suspension of any such permit, the period for which any such permit may be issued and the fees which shall be payable in respect of the issue of any such permit;
h) the issue of licences to dealers in explosives, the conditions of any such licence, the restrictions which may be placed upon the sale or disposal of explosives to particular classes of persons, and the quantity of any explosive which may be purchased by any person or company under permit from the officer authorized by such regulation;
h)bis the fees payable in respect of a licence issued under section 7 or 22, and the period for which any such licence shall be valid;
h)ter the fees payable under section seventeen and the periods in respect of which and the times at which such fees shall be paid;
h)quat the fees payable in respect of any amendment or transfer of a licence issued under section 22;
i) the inquiry into the circumstances of explosions (including outbreaks of fire caused or suspected to have been caused by explosives) endangering or causing injury to persons or property or death, and for the giving of notice of all such explosions;
j) the prevention of trespass in or upon an explosives factory, or in or upon any magazine or other place where explosives are kept;
k) the tests to which explosives, or the raw materials from which explosives are manufactured, are liable to be submitted;
l) the manner in which appeals under section 25 shall be notified and conducted, and the manner in which inspectors shall try any person for a contravention of or failure to comply with the regulations, or breaches of special rules made under section 22 or 26;
m) the statistics which manufacturers and dealers may be called upon to supply;

and generally for the protection of life and property and for the better carrying out of the objects and purposes of this Act.

 

2) Regulations made under sub-section (1) may provide penalties for a contravention thereof or failure to comply therewith not exceeding in any case a fine of R3 000, or imprisonment for a period of two years, and the regulations may further provide that the explosive, if any, in respect of which the contravention or non-compliance has taken place may be forfeited.

 

3) Such regulations may prescribe daily penalties for a continuing contravention or non-compliance or increased penalties for a second or subsequent contravention or noncompliance.

 

4) Different regulations may be made in respect of different provinces, districts, or areas in the Republic, or in respect of different categories of licences.

 

5) Any regulation regarding the payment of fees, shall be made in consultation with the Minister of Finance.