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Explosives Act, 2003 (Act No. 15 of 2003)

Chapter 3 : Manufacture, dealing, importation, exportation and packaging of explosives

12. Certificate in respect of explosives manufacturing site and licence for explosives magazine


(1) Any person who wishes to build, erect or run an explosives manufacturing site on any premises must, in addition to the requirements of any other law, obtain a certificate from the Chief Inspector to the effect that the premises are suitable from a security point of view.


(a) Any person who wants to run a magazine for the storage of explosives must apply, in writing, for a licence to the Chief Inspector who must determine—
(i) whether the premises on which the magazine is situated or is to be erected, are suitable from a security point of view; and
(ii) whether the applicant is a suitable person or if the applicant is a juristic person whether the person designated by the juristic person to be in control of the magazine is a suitable person.
(b) The Chief Inspector may issue the licence upon such conditions as he or she may deem fit, but must refuse to issue such a licence if the premises are unsuitable or the applicant or the designated person is not a suitable person to hold the licence in question.


(3) An applicant whose application is refused in terms of subsection (2)(b), may appeal against the decision in the prescribed manner.


(4) Any licence issued in terms of subsection (2)(b) or the conditions thereof may, upon application, be amended by the Chief Inspector if the safety and security of any person will not thereby be compromised.


(a) The Chief Inspector may revoke any licence issued in terms of subsection (2)(b) if he or she is satisfied that the holder thereof or the designated person is no longer a suitable person;
(b) The holder of a licence revoked in terms of paragraph (a), may lodge an appeal against the decision in the prescribed manner.
(c) Until an appeal has been decided, the licence must be deemed to have been suspended.


(6) Any licence issued under this section expires after such period as may be prescribed and becomes invalid if the magazine in question is used for any purpose not provided for in the licence.