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

1. Definitions

 

 

In this Act and in any regulations made thereunder, unless the context otherwise indicates--

 

"authorized explosive"

means an explosive included in a list approved by the Minister and published by notice in the Gazette;

 

"blasting material"

means any explosive used for the purpose of blasting;

 

"Convention"

means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, which is set out in Schedule 1;

 

"danger building"

means any building or part thereof used as an explosives factory or explosives magazine, or in connection therewith, unless in respect of that building or part thereof a certificate has been granted in accordance with regulation;

 

"detection agent"

means any detection agent included in the Technical Annex to the Convention;

 

"explosives"

means--

a) gunpowder, nitro-glycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those herein mentioned or not, which’ is used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;
b) any fuse, rocket, detonator, cartridge, and every adaptation or preparation of an explosive;
c) any other substance which the State President may from time to time by proclamation in the Gazette declare to be an explosive;

 

"explosives factory"

means any site licensed under this Act for the manufacture of explosives, together with every mound, building (including a magazine), and work thereon for whatsoever purpose used;

 

"explosives magazine"

means any building licensed under this Act for the storage of explosives;

 

"factory licence"

means any licence valid under the provisions of section 11 or any licence issued under section 22(1)(a) in respect of a factory for the manufacture of explosives;

 

"inspector"

unless otherwise qualified, means a chief inspector of explosives or an inspector of explosives, or any person deputed to act as an inspector under section 2;

 

"manufacture"

means the making and division of any explosive from or into its component parts by any process, the conversion of an explosive into an explosive of another kind, and the alteration, fitting for use, or repair of any explosive;

 

"marked"

in relation to a plastic explosive, means the introduction of a detection agent into the plastic explosive in accordance with the Technical Annex to the Convention;

 

"Minister"

means the Minister of Law and Order;

 

"plastic explosive"

means any explosive in flexible or elastic sheet form which--

a) is formulated with one or more high explosives which in their pure form have a vapour pressure of less than 10-4 Pa at a temperature of 25°C;
b) is formulated with any binder material; and
c) is, as a mixture, malleable or flexible at normal room temperature;

 

"premises"

means any land, road, harbour, river, building, structure, ship, boat, or other vessel, or any part thereof, or any tent, railway truck, cart, van, or other vehicle;

 

"regulation"

means a regulation made or deemed to have been made under this Act;

 

"unauthorized explosive"

means an explosive not included in a list of authorized explosives.