| 8.1.1 |
The licensee of every magazine shall appoint a trust-worthy person, acceptable to the Chief Inspector of Explosives, as magazine master, to be solely in charge of the magazine and to be responsible for compliance with these regulations. |
| 8.1.2 |
The appointment shall be made in writing and the original letter of appointment, bearing the signature of the licensee making the appointment, as well as the signature of the appointee, accepting the appointment, shall be sent forthwith to the Chief Inspector of Explosives and a copy thereof shall be posted up in the lobby of the magazine. |
| 8.1.3 |
In the event of failure to appoint such a magazine master, the licensee shall be deemed to be the magazine master. |
| 8.1.4 |
It shall not be necessary for the Chief Inspector of Explosives to give any reasons why a magazine master is not acceptable to him. |
| 8.1.5 |
The magazine master may depute a trustworthy person, who is thoroughly acquainted with the regulations of this Chapter and of Chapter 6, to assist him in operating the magazine and such person shall have the same responsibility under these regulations as the magazine master, but the appointment shall not be taken to relieve the magazine master of his personal responsibility under these regulations. |
| 8.2 |
The licensee of a magazine shall-- |
| a) |
ensure that at all times the magazine, including the mound, drainage system, lightning protection system and fence, is kept in good condition and that no new building or work is erected or constructed within the outer zone applicable to the magazine in terms of the table of distances in regulation 7.3 of Chapter 7 of these regulations and shown on the official site plan for the magazine, without the prior written approval of an inspector; |
| b) |
ensure that the lightning protection system is thoroughly examined and tested at least once a year, not later than 30 September, by a competent person, the result of the examination and test to be entered in the book referred to in regulation 8.4 in addition to being reported forthwith to the Chief Inspector of Explosives; the method of testing shall be in accordance with the procedure prescribed by the Chief Inspector of Explosives; |
| c) |
provide the tools and equipment necessary to enable the magazine master to comply with these regulations; |
| d) |
provide two sets of keys for all magazine doors and gates in the fence surrounding the magazine, one set for use by the magazine master and the other set to be kept in such manner as to be immediately available at any time for emergency use or for inspection of the magazine; |
| e) |
whenever the appointed magazine master is necessarily away from his place of work due to illness or for any reason whatsoever, ensure that a competent person is appointed in accordance with regulation 8.1.1 to act as his deputy; |
| f) |
ensure that the exterior of the magazine is painted red and the words "Explosives Magazine" or "Magasyn vir Ontplofbare Stowwe", are painted in white on the door, except that where, for the purpose of reducing temperature, it is considered advisable, the magazine exterior may be painted white and the inscription shall then be red; |
| g) |
ensure that the official registered number of the magazine is painted on the outer face of the outside door of the magazine; and |
| h) |
ensure that during September each year a certificate worded as follows is sent to the Chief Inspector of Explosives, P.O. Box 4570, Johannesburg: |
"I, ......................., hereby certify that magazines numbered stocked under continuous transport permit number are still in good condition and that no new structures, roads, railways, etc. have come into existence within the danger zones of the magazines, as shown on the site plans mentioned on the licences of the relative magazines.
I certify further that the lightning conductors were tested on .......... September 19......... and that the resistance to earth was found to be ............ ohms in respect of magazines numbered ................. respectively."
| 8.3.1 |
A magazine shall not be used for the storage of any goods or articles not mentioned in the licence, except that the tools and equipment necessary to comply with these regulations may be kept in the magazine. |
| 8.3.2 |
A larger quantity of explosives than that stipulated on the licence shall not be stored in a magazine, nor shall any explosives be stored in the lobby or passage. |
| 8.3.3 |
A magazine shall be kept locked at all times save only when necessary to place explosives in or remove explosives from the magazine or to perform any other necessary operation. |
| 8.3.4 |
No person shall take a radio transmitter inside a magazine. |
| 8.4 |
A book (register) shall be kept in every magazine in which shall be entered forthwith, in ink, a record of all receipts and issues of explosives in the form prescribed by an inspector; no erasures shall be made in the book and any alteration shall be initialed by the person making it. The book shall not be destroyed until after the lapse of one year from the date of the last entry in the book. |
| 8.5.1 |
A reliable maximum and minimum thermometer shall be kept in the storage chamber of a magazine and a record of the minimum and maximum temperatures registered since the previous visit, but not more frequently than once every day, shall be entered in the book referred to in regulation 8.4. |
| 8.5.2 |
The Chief Inspector of Explosives shall be informed forthwith whenever temperatures in excess of 35°C (95°F) and lower than 2°C (35,6°F) are recorded. |
| 8.6.1 |
In every magazine, in a place where they can be conveniently read, the following shall be kept posted up: |
| a) |
A copy of the regulations of this Chapter in both official languages; |
| b) |
the licence issued in respect of the magazine, which shall be framed and the frame fixed with brass screws; |
| c) |
a copy of the original letter of appointment of the magazine master; and |
| d) |
the specimen, supplied by an inspector according to which the records referred to in regulation 8.4 shall be kept. |
| 8.6.2 |
So often as the posted notices become defaced, obliterated or destroyed they shall be renewed with all reasonable despatch. |
| 8.7 |
In the lobby of every magazine shall be kept-- |
| a) |
tools necessary for opening cases of explosives, which shall be only of wood, copper or brass; |
| b) |
a soft brush and a broom with no metal fittings, for cleaning out the magazine; and |
| c) |
two pairs of large size magazine shoes (goloshes) in good condition, for use when the storage chamber has to be entered. |
| 8.8 |
The floor of a magazine shall at all times be kept scrupulously clean and dry. |
| 8.9.1 |
No person shall smoke or make or have a fire or naked light within the fence surrounding a magazine nor shall any person take into this area, any pipe, tobacco, cigarette or matches or any means of making a naked light. |
| 8.9.2 |
No person entering a magazine shall wear boots or shoes containing any exposed metal. |
| 8.10.1 |
Every magazine shall be effectively protected from veld fires, and, to this end, grass within the fence surrounding a magazine shall be kept as short as practicable and this area shall be kept free of combustible material such as timber, bush, dry grass, newspapers, boxes, cartons and the like. |
| 8.10.2 |
Boxes, cartons and paper bags that have contained explosives shall not be used again for any purpose, but shall be destroyed by burning as soon as practicable after being emptied of their explosive contents. |
| 8.11.1 |
The explosives in a magazine shall be kept in the original packing as received from the supplier. |
| 8.11.2 |
The cases or cartons shall not be stacked more than 1 900 millimetres high and the stacks shall be so arranged that the code markings on every case or carton can readily be seen. |
| 8.11.3 |
The explosives shall, so far as is practicable, be issued in the same rotation as they are received. |
| 8.12 |
Cases or cartons of explosives shall not be opened in the storage chamber of a magazine, but may be opened singly either in the lobby or outside the magazine. |
| 8.13.1 |
Except by special permission, in writing, of an inspector, explosives which have been taken to a working place or have been underground or which are damp, soiled or in any way defective shall not be kept in or returned to a magazine, nor shall any damp, soiled or defective package be kept in or returned to a magazine, except that explosives or packages thereof, which have become damp, soiled or defective in transit from the supplier, may be placed temporarily in a magazine to await instructions as to disposal from an inspector to whom the circumstances shall be reported immediately by the quickest method. |
| 8.13.2 |
Whenever any blasting cartridges are found to show signs of exudation or it is suspected for any reason whatsoever that an explosive has deteriorated, these explosives shall not be used but full particulars thereof shall be reported to an inspector by the quickest possible means and the explosives shall be disposed of as directed by such inspector. |
| 8.13.3 |
An inspector may order the disposal by destruction or otherwise of any explosives which he considers to be unsafe for storage or use and the owner of the explosives shall be responsible for the disposal of the explosives as instructed and for any expenses incurred in connection with such disposal. |
| 8.13.4 |
Blasting cartridges and authorised explosives of classes 1 to 4 that have been in stock in a magazine for over three months and other blasting explosives in stock for over six months, shall not be issued for use or be used, without the prior permission in writing of an inspector. Whenever such blasting explosives are present in a magazine the magazine master shall forthwith report to the Chief Inspector of Explosives the types and quantities of each concerned and the reasons why they are still in stock. |
| 8.13.5 |
Whenever blasting explosives have to be destroyed for any reason whatsoever the destruction shall be carried out only by a blaster or person specially authorised by an inspector in a manner approved by such inspector and the quantities destroyed, together with the reasons for their destruction, shall be reported to the Chief Inspector of Explosives. |
| 8.13.6 |
Notwithstanding anything to the contrary in regulation 8.13.1, detonating fuse and igniter cord may be taken to a working place on the reels as supplied by the manufacturers, and any unused detonating fuse and igniter cord on a reel may be returned to the magazines, provided that every precaution is taken to ensure that the reels are not damp, soiled or in any way defective when returned, and that the quantity returned is entered in the magazine book (register). |
| 8.14 |
Blasting materials shall be issued from a magazine-- |
| a) |
when required by the owner for use in the adjacent workings, only upon the written order of a person authorised by the owner; and |
| b) |
when required for any other purpose, only on production of a written order and of a valid permit issued by an inspector authorising the issue. |
| 8.15 |
Blasting materials shall be bandied in a magazine only during the hours of daylight, except with the special permission, in writing, of an inspector and under conditions prescribed by him. |
| 8.16.1 |
Repairs to a magazine containing explosives shall not be carried out except with the permission, in writing, of an inspector and under conditions prescribed by him. |
| 8.16.2 |
Whenever any repairs are made to a magazine, including the mound, full particulars thereof shall be reported immediately to the Chief Inspector of Explosives. |
| 8.17.1 |
No unauthorised person shall loiter or be permitted to loiter in the vicinity of a magazine, and the owner of the magazine or any employee of the owner may order any such person to leave the vicinity of the magazine, and any such person who fails to comply with any such order shall be guilty of an offence. |
| 8.17.2 |
No unauthorised person shall enter or be permitted to enter within the fence surrounding a magazine. |
| 8.18 |
It shall be the responsibility of the magazine master and his deputy to ensure that persons working at or in a magazine, do so in a safe manner and any person who fails to obey any order given in the interests of safety by the magazine master or his deputy shall be guilty of an offence. |
| 8.19.1 |
A magazine shall be visited at least once every twenty-four hours to ascertain whether the magazine has been interfered with. |
| 8.19.2 |
Whenever a magazine has been broken into or been interfered with in any way the matter shall be reported immediately to the nearest police station and to the Chief Inspector of Explosives. |
| 8.19.3 |
The licence shall place a watchman or watchmen in charge of a magazine and any such watchman who neglects the duties so imposed on him shall be guilty of an offence.An inspector may, at his discretion, give written exemption from this regulation and may prescribe, in writing, such additional conditions as he may deem necessary. |
| 8.20.1 |
Whenever the licensee of a magazine ceases to use explosives, or stops operations whether temporarily or permanently, the licensee shall immediately notify the Chief Inspector of Explosives of this fact and shall render a return of all explosives, if any, in the magazine. Such explosives shall be disposed of in a manner approved by an inspector. |
| 8.20.2 |
Except with the express permission, in writing, of an inspector, explosives shall not be stored in a magazine on a mine or works that has closed down. |
| 8.20.3 |
Whenever an inspector has reason to believe that a magazine or other building or structure has become contaminated with explosives he may require the licensee or the owner of such magazine, building, or structure to render it safe and the licensee or owner, as the case may be, shall be responsible for any expenses incurred in connection therewith. |
| 8.20.4 |
No person shall abandon a magazine without the prior permission of an inspector and without first having cleared it of all explosives and having rendered it safe from possible contamination with explosives to the satisfaction of an inspector. |
| 8.21 |
Whenever a magazine is abandoned without prior notification to the Chief Inspector of Explosives or when there is reasonable suspicion that a magazine or building contains explosives in contravention of the Act and these regulations, and reasonable enquiry has failed to locate the owner, an inspector may take such steps as he may deem necessary to gain entrance to such magazine or building and any explosives found there shall be dealt with as he may deem fit. The owner of such magazine or building shall be responsible for any expenses incurred in the safe disposal of such explosives. |
Storage of Explosives for Private Use
| 8.22.1 |
Notwithstanding anything to the contrary contained in the previous regulations of this Chapter, persons may keep on or in the neighbourhood of their premises, for private use and not for sale or other trade, such quantities and types of blasting materials, for such periods and subject to such conditions as shall be prescribed, in writing by an inspector, provided that such premises are not within any town or village. |
| 8.22.2 |
The blasting cartridges and detonators shall be kept locked up in wooden boxes in separate places and not less than 25 metres from any inhabited building or public road. |
Storage of Nitrocellulose Propellants
| 8.23.1 |
Notwithstanding anything to the contrary contained in these regulations, persons who are in possession of one or more valid firearm licences issued in terms of the Arms and Ammunition Act, 1969 (Act 75 of 1969), may in respect of each such licence keep on their premises 600 grams of nitrocellulose propellants for the private reloading of cartridges of small arms only and not for sale or other trade: Provided that the total amount of nitrocellulose propellants so kept shall not at any time exceed 2 400 grams in mass. |
| 8.23.2 |
The nitrocellulose propellants shall be kept locked up in a sturdy cupboard. |
Storage of Fireworks
| 8.24 |
Except with the permission, in writing, of an inspector, shop goods fireworks in excess of 1 000 kilograms gross mass and all other fireworks shall be stored only in a magazine constructed and licensed in terms of Chanter 7 of these regulations. Regulations 8.1.1 to 8.4, 8.6.1, 8.6.2, 8.8 to 8.10.2, 8.16.1, 8.16.2, 8.19.1 to 8.21, of this Chapter shall apply to fireworks magazines. |
Storage of other Explosives
| 8.25 |
Any explosives, for the storage of which provision is not made in the preceding regulations of this Chapter, shall be stored only in such place and manner as may be prescribed, in writing, by an inspector. |
Penalty
| 8.26 |
Any person who by any act or omission commits a breach of any of the regulations of this Chapter, shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred rand (R300) or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, and the explosive, if any, in respect of which the contravention or non-compliance has taken place, may be forfeited, in which case the cost of disposal thereof shall be borne by the accused. |
Basic Conditions of Employment Act, 1997
