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Explosives Act, 1956
Act 26 of 1956
- Published in South African Government Gazette 5676 on 4 May 1956
- Assented to on 2 May 1956
- Commenced on 21 June 1972
- [This is the version of this document from 3 December 1990 and includes any amendments published up to 11 October 2024.]
- [Amended by Explosives Amendment Act, 1962 (Act 79 of 1962) on 29 June 1962]
- [Amended by Explosives Amendment Act, 1963 (Act 21 of 1963) on 1 January 1964]
- [Amended by Mines and Works and Explosives Amendment Act, 1964 (Act 46 of 1964) on 29 May 1964]
- [Amended by Explosives Amendment Act, 1965 (Act 20 of 1965) on 24 March 1965]
- [Amended by Explosives Amendment Act, 1967 (Act 12 of 1967) on 22 February 1967]
- [Amended by Explosives Amendment Act, 1972 (Act 74 of 1972) on 21 June 1972]
- [Amended by Explosives Amendment Act, 1975 (Act 35 of 1975) on 7 May 1975]
- [Amended by Explosives Amendment Act, 1977 (Act 101 of 1977) on 6 July 1977]
- [Amended by Explosives Amendment Act, 1986 (Act 16 of 1986) on 21 July 1986]
- [Amended by Police Act, 1990 (Act 19 of 1990) on 3 December 1990]
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;“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;“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;[paragraph (c) amended by Act 20 of 1965]“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 11or any licence issued under section 22(1)(a) in respect of a factory for the manufacture of explosives;[definition of “factory licence” substituted by Act 35 of 1975]“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 two;“manufacture” means the making and division of any explosive from or into its component part 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;“Minister” means the Minister of Home Affairs;[definition of “Minister” substituted by Act 19 of 1990]“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.2. Power of State President to appoint inspectors
3. Prohibition of manufacture of unauthorized explosives except in small quantities for chemical experiment
4. Prohibition of manufacture of authorized explosives except in licensed factories
5. Prohibition of storage or possession of unauthorized explosives save in accordance with section three
6. Prohibition of storage of authorized explosives except in licensed premises
7. Licence necessary to deal in explosives
8. No importation or exportation of explosives without permit
No person shall import into or export from the Republic, or cause to be imported thereto or exported therefrom any explosive, unless he has obtained a permit issued under the authority of an inspector.[section 8 amended by Act 20 of 1965]9. Prohibition of use of blasting materials without permit
10. Penalties
Any person who contravenes any provision of section 7, 8 or 9 shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.[section 10 amended by Act 21 of 1963 and by Act 16 of 1986; not all of the changes made by Act 16 of 1986 are indicated by amendment markings]11. Owners and occupiers of existing factories entitled to a licence
The licence of any factory or magazine which is in force at the commencement of this Act shall continue to be valid, provided that the conditions under which the licence was granted are still applicable.12. ***
[section 12 deleted by Act 35 of 1975]13. ***
[section 13 amended by Act 74 of 1972 and deleted by Act 35 of 1975]14. ***
[section 14 deleted by Act 35 of 1975]15. ***
[section 15 deleted by Act 35 of 1975]16. ***
[section 16 amended by Act 21 of 1963 and deleted by Act 35 of 1975]17. Annual fees in respect of explosives manufactured
The holder of any factory licence shall at such times as may be prescribed by regulation pay to an inspector the fees so prescribed calculated on the value of the explosives manufactured in such factory.[section 17 amended by Act 21 of 1963]18. ***
[section 18 amended by Act 21 of 1963 and deleted by Act 35 of 1975]19. ***
[section 19 deleted by Act 35 of 1975]20. ***
[section 20 amended by Act 21 of 1963 and by Act 20 of 1965, and deleted by Act 35 of 1975]21. ***
[section 21 amended by Act 21 of 1963 and deleted by Act 35 of 1975]22. Licencing of factories for the manufacture of explosives and magazines for the storage thereof
23. Powers of inspectors to enter and inspect factories and other premises where explosives are stored or suspected of being stored
24. Penalties for obstructing inspector, refusing to answer inquiries, giving false information or falsely holding out to be an inspector
[heading of section 24 amended by Act 16 of 1986]Any person who wilfully obstructs or hinders any inspector in the exercise of the powers or duties conferred or imposed upon him by this Act or the regulations, or disobeys any lawful order of an inspector, or who upon demand fails to answer as far as he may be able any question lawfully put by an inspector, or who gives false information to an inspector, whether in answer to any such question or not, or who falsely holds himself out to be an inspector, shall be guilty of an offence and liable on conviction to a fine ·not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.[section 24 amended by Act 21 of 1963, substituted by Act 101 of 1977 and amended by Act 16 of 1986; not all of the changes made by Act 16 of 1986 are indicated by amendment markings ]25. Power of inspector to order discontinuance of dangerous methods subject to appeal in accordance with regulation
If upon any inspection an inspector discovers that any method of work, packing, or storage is being used which is in conflict with the provisions of this Act or of any regulation, or which, in his opinion, is calculated to endanger the safety of the public or of any person employed in the premises inspected, he may require the immediate discontinuance of that method: Provided that any person who is dissatisfied with a decision that a method is calculated to endanger safety, may within fourteen days thereof, lodge an appeal as provided by regulation.26. Duty of occupier of a factory to make special rules
27. Penalties for endangering safety or causing loss of life
28. Penalties for possession of explosives under certain circumstances
29. Power of regional courts to impose certain penalties
A court of a regional division within the meaning of the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall, notwithstanding anything to the contrary contained in any law, have power to impose a penalty mentioned in section 27(1)(c) or (1A).[section 29 substituted by Act 21 of 1963 and by Act 16 of 1986]30. Regulations
31. Application of this Act
Nothing in this Act contained shall apply -31A. Application of Act to South-West Africa
This Act and any amendment thereof shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel.[section 31A inserted by Act 74 of 1972]32. Repeal of laws
33. Short title
This Act shall be called the Explosives Act, 1956.History of this document
03 December 1990 this version
Amended by
Police Act, 1990
21 July 1986
Amended by
Explosives Amendment Act, 1986
06 July 1977
Amended by
Explosives Amendment Act, 1977
07 May 1975
Amended by
Explosives Amendment Act, 1975
21 June 1972
Amended by
Explosives Amendment Act, 1972
Commenced
22 February 1967
Amended by
Explosives Amendment Act, 1967
24 March 1965
Amended by
Explosives Amendment Act, 1965
29 May 1964
01 January 1964
Amended by
Explosives Amendment Act, 1963
29 June 1962
Amended by
Explosives Amendment Act, 1962
02 May 1956
Assented to
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