CHAPTER
215
EXPLOSIVES |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Inspectors of explosives. |
Importation of explosives without permit
prohibited. |
Restriction on conveyance of explosives. |
Power to make regulations. |
Forfeiture of licence or permit. |
Penalty for causing explosion. |
Obstructing or resisting Inspector. |
CHAPTER 215 |
EXPLOSIVES |
An Act to
consolidate and amend the law relating to the manufacture, importation, sale,
storage, use and disposal of explosives and matters incidental thereto. | 17 of 1968
E.L.A.O., 1974 |
[Assent 4th July,
1968]
[Commencement 1st January, 1970] |
1. This Act may be cited as the Explosives Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"explosives"
means- |
(a) gunpowder,
nitroglycerine, dynamite, guncotton, blasting powders, fulminate of mercury or
of other metals, coloured fires, and every other substance which is used or
manufactured with a view to producing a practical effect by explosion or a
pyrotechnic effect; |
(b) any fuse,
rocket, detonator, cartridge and every adaptation or preparation of any
explosive as herein defined; |
(c) any other
substance which the Minister may from time to time by notice published in the Gazette
declare to be an explosive; |
"Inspector"
means an Inspector of Explosives appointed under the provisions of section 3 of
this Act; |
"Minister"
means the Minister responsible for Explosives and Volatile Substances; |
"regulations"
means regulations made under section 6 of this Act. |
3. The Minister may from time to time designate one or
more- | Inspectors of Explosives. |
|
(b) members of
The Royal Bahamas Police Force of and above the rank of inspector; or |
(c) engineers
who are public officers, |
to be
Inspectors of Explosives for the purpose of issuing or granting licences,
certificates, permits and permission required by any regulations and generally
for carrying out and supervising the carrying out of this Act and the
regulations. |
4. (1) No person shall import into The Bahamas any
explosives except under and in accordance with the terms of a valid permit
previously issued by the Commissioner of Police. | Importation of explosives without permit prohibited. |
(2) Application for
a permit to import explosives shall be made in the manner prescribed by the
regulations. |
(3) Any person who
contravenes the provisions of subsection (1) of this section shall be guilty of
an offence and liable on summary conviction to a fine not exceeding five
hundred dollars or to imprisonment for a period not exceeding three months or
to both such fine and imprisonment. |
5. (1) No person shall convey or allow any other person
subject to his direction, orders or supervision to convey any explosives
whether by land or sea within The Bahamas except in accordance with the
provisions of the regulations. | Restriction on conveyance of explosives. |
(2) Unless the
Commissioner of Police in any particular case otherwise directs, any person who
imports explosives into The Bahamas shall ensure that such explosives are
forthwith conveyed to a magazine or to them proper destination under the charge
or supervision of a person authorised by the regulations. |
(3) Any person who
contravenes the provisions of this section shall be guilty of an offence and
liable on summary conviction to a fine not exceeding five hundred dollars or to
imprisonment for a period not exceeding three months or to both such fine and
imprisonment. |
6. The Minister may make regulations for carrying into
effect the provisions of this Act and, in particular and without prejudice to
the generality of the foregoing- | Power to make regulations. |
(a) providing
for the appointment of officers for the purpose of carrying out, and
supervising the carrying out, of the provisions of this Act and of the
regulations; |
(b) regulating
the transport and storage of explosives; |
(c) regulating
the sale of and dealing in explosives; |
(d) prohibiting
the introduction of explosives into any specified areas; |
(e) prohibiting
or regulating the manufacture of explosives; |
(f) regulating
the use of explosives and the amount of explosives to be kept in any store; |
(g) regulating
the disposal of explosives; |
(h) prescribing
storage charges and the fee to be paid for any licence or permit issued or
examination or inspection made under or in pursuance of the regulations; |
(i) providing
for the seizure and forfeiture of any explosives in respect of which any
offence against the regulations has been committed; |
(j) providing
for the issue, suspension or cancellation of blasting licences and permits; and |
(k) providing
for the punishment of any person who contravenes any of the provisions of the
regulations, or of any order, or the terms, requirements or conditions of any
licence, permit or authority, lawfully issued under the provisions of this Act
or of such regulations: |
Provided
that no such punishment shall exceed a fine of five hundred dollars,
imprisonment for three months or both such fine and imprisonment. |
7. Any person convicted of an offence against the
regulations who holds a licence or permit issued in pursuance of the
regulations shall be liable, in addition to any other punishment, to
cancellation of his licence or permit or to suspension thereof for such period
as the court dealing with the offence thinks fit. | Forfeiture of licence or permit. |
8. (1) Any person who negligently causes an explosion
whereby any person is killed or injured, or the life of any person is
endangered or whereby any property is endangered, damaged or destroyed, shall
be guilty of an offence and shall be liable on summary conviction to a fine not
exceeding seven hundred and fifty dollars, or to imprisonment for a term not
exceeding six months. | Penalty for causing explosion. |
(2) Nothing in
this section contained shall be construed as exempting any person from being
charged and punished under the common law or any other law in respect of any
act as is described in this section: |
Provided that no
person shall be liable to be punished twice for the same criminal act. |
9. Any person who wilfully obstructs, resists or
molests an Inspector or any other person duly authorized by any provisions of
the regulations in the performance of any of his duties under this Act or the
regulations shall be guilty of an offence and liable on summary conviction to a
fine not exceeding five hundred dollars or to imprisonment for a period not
exceeding three months or to both such fine and imprisonment. | Obstructing or resisting Inspector. |