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

Chapter 9 : Regulations

33. Regulations


(1) The Minister may make regulations regarding—
(a) anything which may or must be prescribed in terms of this Act;
(b) the use, disposal and destruction of explosives;
(c) the construction of explosives magazines;
(d) the conditions under which the manufacture of explosives other than in a licensed explosives manufacturing site may be carried out;
(e) the storage of explosives;
(f) the classification, composition, testing and analysis of explosives;
(g) the grant, cancellation and suspension of any permit or licence mentioned in this Act and the period for which any such permit or licence may be issued;
(h) the packaging, transport, importation, exportation and transhipment of explosives, and the landing and handling of explosives in ports, harbours, airports and other places of entry or exit;
(i) the prohibition of the transportation of explosives or the use for the transportation thereof of any means of transport except under authority of a permit issued by an inspector, the grant, cancellation and suspension of any such permit and, the period for which any such permit may be issued;
(j) the issuing of a license and an end-user certificate to a dealer or broker in explosives, the conditions of any such licence, the restrictions which may be placed upon the sale or disposal of explosives to particular persons, and the quantity of any explosives which may be purchased by any person or company under a permit issued by an inspector;
(k) the inquiry into the circumstances of explosions, including fires caused or suspected to have been caused by explosives, endangering or causing death or injury to persons or damage to property, and the giving of notice of all such explosions;
(l) the prevention of trespassing in or upon an explosives manufacturing site or an explosives magazine or other place where explosives are kept;
(m) determining fees or tariffs payable for any permit, licence or authorisation in terms of this Act;
(n) the statistics which manufacturers and dealers may be called upon to supply;
(o) the restricting of the sale and use of fireworks, excluding organised fireworks displays, to certain periods or days;
(p) the establishment and functions of an appeal board;
(q) any matter pertaining to record keeping;
(r) the disposal of forfeited explosives; and
(s) any other matter which must be regulated for the protection of life and property against explosions or for the achievement of the objects of this Act.


(2) Regulations made under subsection (1) may provide for penalties for a contravention thereof or failure to comply therewith, which penalties may not exceed a fine or imprisonment for a period of five years, and they may also provide that any explosives in respect of which the contravention or non-compliance has taken place must be forfeited and destroyed.


(3) Such regulations may also prescribe daily penalties for a continuing contravention or non-compliance or increased penalties for a second or subsequent contravention or non-compliance, subject to the maxima mentioned in subsection (2).