Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698835368687.pdf (Uganda)
THE EXPLOSIVES ACT.

Statutory Instrument 298—1.

The Explosives Rules.

Arrangement of Rules.

PART I—GENERAL.

Rule 1.

2.

Citation.

Interpretation.

PART II—LICENSING OF FACTORIES AND CONDITIONS UNDER WHICH THE MANUFACTURE OF EXPLOSIVES MAY BE CARRIED ON.

3.

4.

Use of explosive factories, etc.

Restrictions in respect of explosive factories.

PART III—PACKING OF EXPLOSIVES.

Gunpowder, etc.

Blasting cartridges.

Collodion cotton.

Detonators.

Electric detonators.

5.

6.

7.

8.

9.

10.


Safety fuse.

11.

Safety cartridges.

12.

Percussion caps.

13.

Fireworks.

14.

15.

Additional marks.

16.

General provisions as to packing.

17.

Packing of other explosives.

18.

Offences and penalties under Part III.

Interpretation of “case”.

PART IV—IMPORTATION AND EXPORTATION.

19.

Permits.

20.

Particulars to be furnished.

21.

22.

Offences and penalties relating to importing or exporting Inspection.

explosives.

PART V—TRANSPORT GENERALLY.


Issue of permits.

23.

Transport permits.

24.

25.

Particulars to be furnished.

26.

Supplies from local sources.

27.

Receipt of consignment to be notified.

28.

Permit to accompany consignment.

29.

Precautions in relation to naked lights, etc.

30.

Precautions in relation to smoking, etc.

31.

Restrictions on loading.

32.

Transport of gunpowder.

33.

Prohibition of transport by post.

34.

Meaning of “transport by road”.

35.


Provisions relating to vehicles.

36.

Loading.

37.

Supervision.

38.

Responsibility of owner, etc.

39.

Convoys.

40.

Animal-drawn vehicles, etc.

41.

Routes.

42.

Avoidance of railway, etc.

engines.

43.

Thunderstorms.

44.

Unloading en route.

45.

46.

Duties of police officer.

47.

Offences and penalties under Part V. Inspection.

PART VI—LICENSING AND CONSTRUCTION OF MAGAZINES.

48.

Erection and use.

49.

Applications.

50.

Contents of licence.


51.

Prescribed distances.

52.

Relaxation in respect of certain distances.

53.

Relaxation in respect of mounds.

54.

Materials.

55.

Capacity of mine magazines.

56.

General provisions relating to magazines.

57.

Construction of magazines.

PART VII—STORAGE IN MAGAZINE, ETC.

58.

Storage, general.

59.

Blasting cartridges.

60.

Gunpowder.

61.

Detonators.

62.

Safety fuse.

63.

Cases of blasting cartridges.

64.

Cases of explosives.

65.


Storage of tools.

66.

Magazine shoes.

67.

Cleanliness.

68.

Prohibition of smoking.

69.

Prohibition of naked lights.

70.

Supervision.

71.

Appointment of supervisor.

72.

Thermometer.

73.

Storage book.

74.

Issue of explosives.

75.

Loading, etc.

at magazine.

76.

Transport permit not necessary in certain cases.

77.

Special rules.

78.

Rules, etc.

to be displayed.

79.

Restrictions on carrying out repairs.

80.

Prohibition of loitering.

81.


Breaking into magazine to be reported.

82.

Watchperson.

83.

Offences and penalties under Part VII.

84.

Application of Rules.

85.

Conditions of storage of quantities of explosives not exceeding two hundred pounds.

Inspection.

86.

PART VIII—STORAGE BY LICENSED DEALERS IN EXPLOSIVES OR FIREWORKS AND BY PRIVATE PERSONS.

87.

Dealers licence.

88.

Limitation of quantities in shop.

89.

Blasting cartridges and powder.

90.

Notice to be affixed to premises.

91.


Limitation of quantities in store or yard.

92.

Fireworks.

93.

Notice to be affixed to premises.

94.

Limitation of quantity of fireworks.

95.

96.

Relaxation of rule 94.

97.

Fireworks involving exceptional risks.

98.

Explosives for private use.

99.

Fireworks for immediate use.

100.

Offences and penalties under Part VIII.

Inspection.

PART IX—USE.

101.

Responsibility of person in charge of works.

102.

Control of use of explosives.

103.


Storage.

104.

Prohibition of fires, etc.

105.

Tamping.

106.

Precaution to be observed prior to igniting charge.

107.

Counting of shots.

108.

Charges fired electrically.

109.

Prohibition of extraction of cartridges.

110.

Misfires.

111.

Old boreholes.

112.

New holes.

113.

Frozen materials.

114.

Use of explosives, etc.

near public road.

115.

Offences and penalties under Part IX.

PART X—INQUIRIES INTO CIRCUMSTANCES ATTENDING ACCIDENTS.

116.
116.

Reports of accidents.

117.

Damage to danger buildings.

118.

Accidents involving death, etc.

by explosives at dealer’s premises.

119.

Accidents involving death, etc.

in use of explosives.

120.

Police to be notified.

121.

Inquiries.

122.

Offences and penalties under Part X.

PART XI—MISCELLANEOUS.

123.

Trespass.

124.

Fees.

125.

Appeals.

126.

Unlawful possession of explosives.

THE EXPLOSIVES ACT.

Statutory Instrument 298—1.

The Explosives Rules.

(Under section 30 of the Act.)


PART I—GENERAL.

1.

Citation.

These Rules may be cited as the Explosives Rules.

2.

Interpretation.
2.

Interpretation.

In these Rules, unless inconsistent with the context— (a) (b) “detonator” shall not include “percussion caps” except in the circumstances described in the definition of “percussion cap”; “detonators” and “electric detonators”—the number prefixed to a detonator means that it is of a strength not less than that of the detonator of the corresponding number in the subjoined table.
In the subjoined table the detonating composition on which the strength of the charges is based consists of a mixture of 80 percent fulminate of mercury and 20 percent chlorate of potash— Numbers 1 2 3 & 3a 4 5 6 & 6d Charges per 1,000 in grammes Individual charges in grains 300 400 540 650 800 1,000 4.63 6.173 8.333 10.030 12.346 15.432 Numbers 6½ 7 8 9 10 Charges per 1,000 in grammes 1,250 1,500 2,000 2,500 3,000 Numbers 6½ 7 8 9 10 Individual charges in grains 19.290 23.148 30.864 38.580 46.296 (c) (d) (e) (f) (g) “fulminate” means any chemical compound or mechanical mixture which, from its great susceptibility to detonation, is suitable for employment in percussion caps or detonators and which, from its extreme sensibility to explosion and from its great instability or readiness to undergo decomposition from very slight exciting causes, is especially dangerous, and includes— (i) fulminate of silver or mercury and preparations thereof, preparations consisting of a mixture of chlorate with phosphorus or with sulphur, with or without carbonaceous matter; chloride and iodide of nitrogen fulminating gold and silver and diazo compounds; (ii) “gunpowder” means exclusively gunpowder ordinarily so-called, consisting of an intimate mixture of saltpetre (potassium nitrate) sulphur and charcoal, the saltpetre not containing as an impurity perchlorate of potash in greater quantity than 1 percent; “nitro compound” means any chemical compound possessed of explosive properties or capable of combining with metals to form an explosive compound which is produced by the chemical action of nitric acid, or of a nitrate mixed with sulphuric acid upon any carbonaceous substance, whether the compound is mechanically mixed with other substances or not; and includes blasting gelatine, gelignite, dynamite, collodion cotton, picric acid and other like substances; “percussion cap” means a cap containing less than 0.6 grain of a composition of fulminate (a) where not more than 25 percent of the composition consists of fulminate of mercury,
 or less than 0.5 grain of any other kind of fulminate (a); when containing anvils, or when the cap composition is unprotected by tinfoil or any other suitable substance, percussion caps shall be deemed to be detonators for purposes of transport and packing; “safety cartridge” means a cartridge for small arms the case of which can be extracted from the small arm after firing, and which is so closed as to prevent any explosion in one cartridge being communicated to another cartridge; (h) (i) “safety fuse” means a fuse for blasting which burns and does not explode and which does not contain its own means of ignition and which is of the strength and construction and contains an explosive in such quantity that the burning of the fuse will not communicate laterally with other like fuse; “small-arm nitro compound” means a nitro compound adapted and intended for use in small arms only, such as E. C. Powder, Schultz, amberite and other like preparations.
Any term defined in and for the purposes of the Act shall, when used in these Rules, bear the same meaning as is assigned to it in the Act.

PART II—LICENSING OF FACTORIES AND CONDITIONS UNDER WHICH THE MANUFACTURE OF EXPLOSIVES MAY BE CARRIED ON.

3.

Use of explosive factories, etc.

(1) No part of an explosive factory shall be used for any purpose not authorised by the licence.
(2) The conditions of the licence shall be duly observed; and the manufacture, or keeping, or any process in, or work connected with the manufacture or keeping of explosives shall not be carried on except in accordance with those conditions.
(3) The factory and every part of it shall be maintained in accordance with the conditions of the licence, and no material alterations in the factory, by enlarging or adding to the site, or by externally adding to or enlarging any building, or by altering any mound, otherwise than by enlargement, or by making any new work, shall be made except in pursuance of an amended licence granted under the Act; except always that the written permission of an inspector for minor alterations in buildings and mounds shall, pending their embodiment in an amending licence, have the same force as an amending licence.
(4) In the event of any contravention of or failure to comply with this rule, the occupier is liable on conviction to a fine not exceeding, in the case of the first offence, one thousand shillings or, in default of payment, to imprisonment for a period not exceeding three months and, in the case of the second or any subsequent offence, to a fine of two thousand shillings, or, in default, to imprisonment for a period not exceeding three months.
(5) The occupier of a factory shall not be deemed to be guilty of a breach of this rule for using in a case of emergency or temporarily one building or part of a building in which any process of the manufacture is, under the terms of the licence, carried on, for another process of the manufacture, if— (a) (b) (c) he or she does not carry on in that building or part more than one process at the same time; the quantity of explosives or ingredients of the explosives in the building or part does not exceed the quantity allowed to be in the building or part, or any less quantity allowed to be in the building or part of a building in which the other process is usually carried on; and immediately upon such use being commenced, he or she sends notice of that use to an inspector and the inspector does not require discontinuance of the use.
4.

Restrictions in respect of explosive factories.
(1) In respect of every explosive factory, the following restrictions shall be observed— (a) (b) (c) (d) every factory and every building in which explosives are kept shall be used only for the keeping of explosives and the receptacles for tools or implements for work connected with the keeping of the explosives; the interior of every building (in the Act referred to as a “danger building”) in which any process of manufacture is carried on or in which any explosives or any ingredients of the explosives either mixed or partially mixed are kept, or in the course of manufacture are liable to be kept, and the benches, shelves and fittings in the building shall, so far as is reasonably practicable, be kept free from grit and otherwise clean; lightning conductors or other provisions against lightning shall be thoroughly examined at least once a year by a competent person and a certificate that the result of the test is satisfactory shall be forwarded to the inspector not later than the 30th September in each year; charcoal, whether ground or otherwise, oiled cotton, oiled rags and oiled waste and any articles whatever (whether liable to spontaneous ignition or not) shall not be taken into any danger building, except for the purpose of immediate supply and work, (e) (f) (g) (h) or for immediate use in the building, and upon cessation of that work or use shall be immediately removed; before repairs are done to or in any room in a danger building, that room shall, so far as is practicable, be cleaned by the removal of all explosives and wholly or partly mixed ingredients of the explosives, and by the thorough washing out of the room or part; and the room or part of the building after being so cleaned shall not be deemed to be a danger building within the meaning of these Rules until explosives or the wholly or partly mixed ingredients of explosives are again taken into it; there shall be constantly fixed in every danger building, either outside or inside, in such manner as to be easily read, a statement as to the
 quantities of explosives or ingredients allowed to be in the building and a copy of these Rules and of any other part of the Act required by an inspector to be affixed and of such parts of the licence and special rules made under the Act as apply to the building and with the addition of the name of the building or words indicating the purpose for which it is used; such Rules, portions of the Act, or special rules as may be required to be exhibited inside a danger building shall be printed in English as well as the language spoken by the person in charge when that person does not speak English; all tools and implements used in a danger building shall be made only of wood, copper or brass or some soft metal or material and shall be covered with some safe and suitable material; except that this paragraph shall not be held to prohibit the use of steel screwdrivers for the opening or closing of cases whose lids are fastened by means of screws; due provision shall be made by the use of suitable working clothes without pockets, suitable shoes, searching or otherwise, or by some such means, for preventing the introduction into any danger building of fire, matches or any substance or article likely to cause explosion or fire and for preventing the introduction of any iron, steel or grit into any part of a danger building where it would be likely to come in contact with explosives, or the wholly or partly mixed ingredients of explosives; but this paragraph shall not prevent the introduction into danger buildings other than magazines of an artificial light of such construction, position or character as not to cause any danger of fire or explosion; nor shall it render obligatory the wearing of magazine shoes in certain magazines which have earthen floors; (i) (j) (k) (l) no person shall smoke in any part of the danger area of a factory nor in any other part that may be prohibited by the special rules; any vehicle, truck, or other receptacle in which explosives or the partly mixed
 ingredients of explosives are conveyed from one building to another in a factory shall be constructed without any exposed iron or steel in its interior and shall contain only the explosives and the ingredients and shall be closed or otherwise properly covered over; the explosives and the ingredients shall be so conveyed with all due diligence and with such precautions and in such manner as will sufficiently guard against any accidental ignition; no person under the age of sixteen years shall be employed in or enter any danger building, except in the presence and under the supervision of an adult person; in danger buildings a competent overseer shall be in charge, and only persons who can perform their duties with efficiency shall be employed in those buildings; (n) (m) cartridging huts shall be supervised by a sufficient number of competent overseers to permit of their being visited frequently; in a factory the ingredients in the course of manufacture into explosives shall be removed with care from the working building so soon as the process connected with those ingredients, which is carried on in the building, is completed; and all finished explosives shall immediately either be removed to a factory or magazine or sent away from the factory, and the ingredients and explosives shall be loaded and unloaded with care; in a factory all ingredients to be made or mixed into explosives shall, before being so made or mixed, be carefully sifted, where it is possible, for the purpose of removing from them dangerous foreign matter; and (o) (p) with a view to minimising the risk from grass fires, so much of the ground around a danger building as may in the opinion of an inspector be necessary shall be kept clear of grass.
(2) Any occupier who contravenes or fails to comply with this rule is liable on conviction to a fine not exceeding two hundred shillings or, in default of payment, to imprisonment for a period not exceeding one month and, in the case of a second or subsequent offence, to a fine of one thousand shillings or, in default of payment, to imprisonment for a period not exceeding three months.

PART III—PACKING OF EXPLOSIVES.

5.

Gunpowder, etc.
5.

Gunpowder, etc.

(1) Gunpowder or small-arm nitro compounds, if not exceeding five pounds in weight, shall be contained in a substantial case, bag, canister or other receptacle.

(2) If exceeding five pounds in weight, gunpowder or small-arm nitro compounds shall be contained in a double package; and in the double package the inner package shall be a substantial case, bag or canister, or other receptacle, and the outer package shall be a stout box, barrel or case of wood, metal or other material.
(3) Gunpowder and blasting powder which shall not exceed ten pounds in weight shall be packed in bags of leather, India rubber, calico or other material approved by an inspector, and the bags shall be contained in a stout case, box or barrel.

(4) The weight of explosives when packed and including the package shall not exceed one hundred pounds.

(5) On the outermost package there shall be affixed the word “Explosive” and the name of the explosive in conspicuous characters.

6.

Blasting cartridges.


(1) Every blasting cartridge whether of blasting gelatine, gelignite dynamite, gunpowder or other explosive authorised to be manufactured or imported shall be wrapped in a cover of paper or other approved material, bearing the name of the explosive and the recognised trademark of the manufacturer of the cartridges; and the paper cover shall, except with the consent of and under conditions to be approved by an inspector, be thoroughly waterproof.
(2) The cartridges shall be made up into separate parcels not exceeding ten pounds in weight, and the wrapper of the parcel shall bear the name or recognised trademark of the manufacturer of the explosives.

(3) The parcels shall be securely packed in stout wooden cases, and the net weight of explosive in any one such case shall not exceed fifty pounds.
Every case shall be so marked as to show clearly the name of the explosive material, the date of manufacture and the size of the cartridge, thus— Explosives Gelignate 1¼ in.

A cypher indicating the date of manufacture may be used, provided that the manufacturer shall have supplied the engineer with a key to the cypher.
(4) In addition to the marking provided for above, every cartridge shall bear on its cover the letter “P”, and every packet or case of the explosive shall contain a statement of the percentage composition of the explosive and the number of the detonator to be used with it.

7.

Collodion cotton.

(1) Collodion cotton shall contain at least 25 percent of moisture and be packed in a stout wooden case having a waterproof inner lining.

(2) The gross weight of the case shall not exceed two hundred pounds.

8.
8.

Detonators.

(1) Detonators shall be packed by the hundred in tin boxes labelled with a description of their contents and shall be isolated from the sides of the boxes by means of paper and from the top and bottom sides by means of approved soft material, all interstices being filled with dry sawdust.
(2) The tin boxes shall be firmly packed in a metal or wooden case, which shall again be enclosed in a substantial outer case, and the intervening space between the cases shall be filled up with sawdust, or else the inner case shall be firmly fixed in position by means of laths.

(3) There shall not be more than 12,500 detonators in any one case; and the number and nature of the detonators contained in that case shall be shown thus on the outside of the case— Explosives 12,500 Detonators No.

6.

9.
6.

9.

Electric detonators.

(1) Electric detonators (sometimes called electric detonator fuses or electric fuses) shall be packed in bundles not exceeding one hundred in paper or other bags on which there shall be a label giving the number and contents.

(2) The bags shall be firmly packed in a tin case securely sealed by solder or otherwise which shall be again enclosed in a stout outer case.
Electric detonators packed within Uganda need not be enclosed in a tin case, unless intended for export overseas.

(3) There shall not be more than three thousand electric detonators in any one case; and the case shall be so marked as to show the number and nature of the electric detonators, whether high or low tension and the length of the wires, thus— Explosives 500 Electric Detonators Low Tension 48 in.

Wires No.

6 Detonators.

10.

Safety fuse.


Safety fuse shall be in coils not less than twenty-four feet long, and these shall be placed in a substantial case or barrel, marked externally with the words— Safety Fuse for Blasting and also with the number of coils contained in the case or barrel; and every case or package of fuse shall be marked with the burning limits of the fuse in seconds per yard, thus— 90 Seconds to 110 Seconds per Yard 11.

Safety cartridges.
Safety cartridges.

(1) Safety cartridges for firearms shall be packed in quantities not exceeding one hundred in wooden or cardboard boxes, and these shall again be packed in stout wooden cases.

(2) The nature of the cartridges shall be clearly stated on the outer case.

12.

Percussion caps.

Percussion caps shall be packed in tin boxes enclosed in stout wooden cases.

13.

Fireworks.

(1) Firework composition shall be contained in a double package.
The inner package shall be a substantial canister or other hermetically sealed closed receptacle and shall contain not more than one pound of explosive.

The outer package shall be a stout box, barrel or case and shall contain not more than twenty pounds of explosive.

(2) Manufactured fireworks, when exceeding five pounds in weight, shall be contained in a stout box, barrel or case, and the amount of explosive in any one case shall not exceed one hundred pounds.

14.

Interpretation of “case”.


In any of the foregoing rules, “stout case” or “substantial case” means a case of such strength, construction and character that it will not be broken or accidentally opened or become defective or insecure while being conveyed and will not allow the explosive to escape.

15.

Additional marks.


(1) In addition to any other marking described for packages in any of the foregoing rules, every outer package shall bear the name or registered trademark of the manufacturer of the explosive, name and address of the owner and sender and the name of the country in which the explosive was manufactured; and any marking used by a manufacturer or importer over and above that prescribed by these Rules must not be inconsistent with these Rules.
(2) Nothing in this or any of the foregoing rules shall prevent a manufacturer for the purpose of export only from making use of the name and trademark he or she is otherwise lawfully entitled to use; except that if the trademark includes the name of a place overseas, the actual place of manufacture shall also be clearly and distinctly stated.

16.

General provisions as to packing.


(1) Every package which is being used for the packing of one explosive shall not, except with the consent of an inspector, be simultaneously used for the packing of any other explosive.

(2) The interior of every package, whether single or double, shall be kept free from grit and otherwise clean.
(3) There shall not be any iron in the construction of any package (inner or outer) of explosives unless it is effectually covered by zinc, tin or other material; except that this subrule shall not apply to packages containing safety fuses or safety cartridges.

(4) Every case of explosive liable to become wetted, whether by sea water or otherwise, shall have its contents protected from damage by means of a suitable lining.

17.

Packing of other explosives.
Any explosive, whether experimental or otherwise, not specifically dealt with in these Rules, shall be packed in such manner as may be prescribed by an inspector in writing; and notwithstanding anything in this Part of these Rules to the contrary, explosives of the nature and in quantities not exceeding those specified below may, for the purpose of transport within Uganda, be similarly dealt with, that is to say— (a) (b) (c) (d) (e) gunpowder, ten pounds; dynamite or other blasting cartridges, ten pounds; detonators, ten tin boxes of one hundred each; electric detonators, two bags of not more than fifty each; safety fuse, one hundred coils.
18.

Offences and penalties under Part III.

Any person who contravenes or fails to comply with any of the rules contained in this Part of these Rules commits an offence and is liable on conviction to a fine not exceeding four hundred shillings or in default of payment to imprisonment for a period not exceeding two months.

PART IV—IMPORTATION AND EXPORTATION.

19.

Permits.
19.

Permits.

(1) No explosive shall be imported into or exported from Uganda unless under a permit, and such explosive shall be an explosive of good quality and shall be packed in accordance with these Rules; except that whenever explosives are packed in accordance with the regulations in force in any Commonwealth country, and those regulations differ, as regards packing, from these Rules, consignments of explosives may be accepted by an inspector at his or her discretion.
(2) Permits for the importation of fireworks may be issued by an officer mentioned in rule 24 of these Rules, the transport permit form being altered when necessary to suit the purpose.

20.

Particulars to be furnished.


(1) When applying for a permit to import explosives, the importer shall furnish the engineer or other person authorised by him or her to issue permits with an exact description of the explosives which it is desired to import and the name of the country from which it is desired to import the explosives.
(2) In the case of gunpowder and blasting cartridges, the applicant shall state the net weight of the explosive and in the case of detonators or safety fuse, the exact number of detonators or coils.

21.

Inspection.

Consignments of explosives imported via ports in Uganda may be examined by an inspector; and he or she, or in his or her absence, a customs officer, may require such samples as are reasonably necessary for the purpose of analysis or test.

22.
22.

Offences and penalties relating to importing and exporting explosives.

Any person who imports, exports or attempts to import or export any explosive in contravention of these Rules is liable on conviction to a fine not exceeding one thousand shillings or in default of payment to imprisonment for a period not exceeding three months, and the explosives in respect of which the breach has been committed shall, if they have been imported, be forfeited.

PART V—TRANSPORT GENERALLY.

23.

Transport permits.


No explosives shall be transported from one place to another within Uganda (other than on the Uganda Railways Corporation System) except under a permit issued as in rule 24 of these Rules; except that a permit shall not be required for the transport of safety fuse, safety cartridges, percussion caps or fireworks.

24.

Issue of permits.

(1) The necessary permits may be obtained from inspectors or magistrates.
(2) No permit shall be issued unless the issuing officer is satisfied, where the quantity does not exceed four cases, that the requirements of rules 85 and 98 of these Rules are understood, and will be complied with, or, in the case of quantities in excess of that amount, that the applicant is the occupier of a licensed magazine, or is a licensed dealer in explosives, or has obtained permission for temporary storage as required by section 6(1)(b) and (c) of the Act.
(3) The official issuing permits shall keep a register of permits issued.

25.

Particulars to be furnished.

When applying for a permit under rule 24 of these Rules the applicant shall state the quantity and nature of the explosive, mode of transport, place and probable date of departure, destination, probable date of arrival and name of consignee.

26.

Supplies from local sources.


Permits available for a period not exceeding one calendar year may be issued to users procuring their supplies from sources within Uganda; such permits shall be called “continuous” permits and may be issued by inspectors only.

27.

Receipt of consignment to be notified.

The consignee shall on receipt of the explosives advise the official who issued the permit.

28.

Permit to accompany consignment.


In the case of consignments of explosives exceeding ten pounds in weight, a copy of the permit shall accompany the consignment throughout the whole journey, or where there is a waybill the permit number shall be quoted on it.

29.

Precautions in relation to naked lights, etc.


No person shall load or unload or cause to be loaded or unloaded a consignment of explosives in the vicinity of a fire or uncovered light, and every person loading or unloading a consignment shall exercise all due care in handling the cases, so as to prevent shaking or jolting.

30.

Precautions in relation to smoking, etc.


No person shall smoke in, on or in the neighbourhood of any vehicle or truck in which explosives are being conveyed, or on, to or from which they are being loaded or unloaded; nor shall any fire be lighted in the vicinity.

31.

Restrictions on loading.


Cases containing different natures of blasting cartridges may be loaded together in the same truck or vehicle, but blasting cartridges shall not be loaded on the same truck or vehicle as detonators, inflammable or combustible materials, acids or uncovered iron or steel, except with the special sanction of and under precautions to be prescribed in writing by an inspector; and such special permission shall be endorsed on the transport permit.

32.

Transport of gunpowder.


Gunpowder shall not be conveyed in the same truck or vehicle as any other explosive nor in the same truck or vehicle as inflammable or combustible materials, naked iron or steel; except that cartridges of compressed gunpowder may be so conveyed with blasting cartridges of other natures.

33.

Prohibition of transport by post.

No person shall transmit explosives of any description or in any quantity whatsoever through the post.

34.

Meaning of “transport by road”.


Transport by road means transport in vehicles drawn by animal power or, with the special sanction of and under conditions to be prescribed in writing by an inspector, mechanical power, and includes transport by pack animals or by carriers.

35.

Provisions relating to vehicles.


(1) Every vehicle used for the transport of explosives shall have affixed to it at either side, so as to be distinctly visible from the front and rear, a red flag at least eighteen inches square.
(2) All iron and steel portions of a vehicle which are liable to come in contact with the cases or barrels of explosives shall be covered with wood, leather, cloth or other suitable material; and every consignment of explosives shall, during transit, be covered with tarpaulins or other suitable material.

36.

Loading.
36.

Loading.

(1) No such vehicle as is mentioned in rule 35 of these Rules shall be loaded beyond 75 percent of its carrying capacity, and in no case may a load exceed six thousand pounds except with the written permission of an inspector.

(2) Cases or barrels of explosives shall be securely fixed by ropes.

37.

Supervision.

(1) Every consignment of explosives shall throughout the whole journey be under the supervision of a trustworthy person whose name shall be mentioned on the waybill.
(2) The person in charge shall be responsible for the loading of the vehicle, safety in transit and the due observance of these Rules.

38.

Responsibility of owner, etc.

The contractor or owner of vehicles used for the transport of explosives will be held responsible— (a) (b) for his or her vehicles being in serviceable condition and fitted with efficient brakes; and that the person placed in charge of explosives is thoroughly acquainted with these Rules.

39.

Convoys.
39.

Convoys.

(1) When the convoy exceeds two vehicles, the person in charge shall not ride on any of the vehicles conveying explosives; where it consists of two vehicles he or she may ride on the rearmost one.

(2) A distance of thirty yards shall be preserved between vehicles.

40.

Animal-drawn vehicles, etc.

Vehicles drawn by animal power and pack animals shall not move at a quicker rate than a walking pace.

41.

Routes.
41.

Routes.

(1) Municipalities, towns and villages and other inhabited places shall be avoided as far as possible; and any local authority may prescribe the route to be pursued by vehicles, etc.

carrying explosives within its jurisdiction.

(2) Should it be necessary to halt during a night on a journey, this shall be done at a distance of at least five hundred yards from inhabited buildings, and watch shall be kept over the vehicles.

42.

Avoidance of railway, etc.

engines.


The convoy shall be kept as far as possible from traction, railway and other engines.

43.

Thunderstorms.

During a thunderstorm the convoy shall be halted at least three hundred yards from inhabited buildings.

44.

Unloading en route.


(1) Should it be absolutely necessary to unload the whole or part of a consignment of explosives en route— (a) (b) (c) (d) all possible care shall be taken to protect the explosives from fire and damp; on no account shall the explosives be stored near inhabited buildings; no one shall be allowed to loiter near the place where the explosives are stored; and the vehicles shall be loaded up again and proceed as soon as possible.

45.

Inspection.
45.

Inspection.

Inspectors may detain any convoy of explosives to ascertain whether these Rules are being complied with.

46.

Duties of police officer.

It shall be the duty of every police officer to see that these Rules regarding transport are being complied with, and every police officer shall report to the engineer without delay any irregularity that may come to his or her notice.

47.
47.

Offences and penalties under Part V. Any person who contravenes or fails to comply with any of the provisions of this Part of these Rules is liable on conviction for every such offence to a penalty not exceeding one thousand shillings or to imprisonment for a period not exceeding three months.

PART VI—LICENSING AND CONSTRUCTION OF MAGAZINES.

48.

Erection and use.


A magazine may only be erected or used in accordance with section 22 of the Act; except that in accordance with section 12 of the Act the licence of any magazine which is in force at the commencement of the Act shall continue to be valid so long as the conditions under which it was granted are still applicable.

49.

Applications.
49.

Applications.

(1) Applications for permission to erect a magazine shall be accompanied by plans in triplicate showing the site of the proposed magazine in relation to neighbouring roads, railways, buildings and boundaries of properties, together with the design and specification of the proposed magazine.

(2) One copy of the plan, design and specification shall be attached to the magazine licence when issued to the applicant.

50.

Contents of licence.


Every licence shall state the maximum quantity and the nature of the explosives to be stored in the magazine.

51.

Prescribed distances.

The following table of distances will form the basis on which applications for magazine licences will be considered when the magazine is protected by mounds as high as the eaves of the roof— Quantity of explosives in magazine or danger building A B Magazines and danger buildings within magazine or danger buildings area.
Private railway, highway or public path.

Reservoirs.

Dwelling houses with consent.

Magazines other than at A.

Furnace, kiln, etc.

for stationary engine, boiler, etc.

C Public railways D Dwelling house without consent of occupier.

Public buildings.

Lbs.
5001 1,0001 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 15,000 20,000 25,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 Yards 50 50 50 51 52 53 53 54 54 55 55 58 60 63 65 70 75 80 85 90 95 100 Yards 100 100 100 100 100 100 100 100 100 100 100 113 125 145 165 200 240 275 315 350 390 425 Yards 100 100 100 105 110 115 120 125 130 135 140 150 170 185 200 230 265 300 330 360 395 425 Yards 100 100 100 120 140 160 185 205 225 245 265 345 425 515 600 765 925 1,090 1,250 1,425 1,590 1,750 Black powder will be considered as equal to half the quantity of other explosives for the purpose of the above table.
52.

Relaxation in respect of certain distances.

Where in the opinion of the engineer the proposed situation of a magazine is such as to reduce the danger in case of accident, he or she may halve the distance in column D of the table in rule 51 of these Rules, provided that one hundred yards is the irreducible minimum.

1Distances between danger buildings (Column A) may be reduced to ½ for these quantities.

53.

Relaxation in respect of mounds.


In isolated places, or where the contour of the ground renders it, in the opinion of the engineer, unnecessary, he or she may dispense with mounds, wholly or in part, but the distances given in the table in rule 51 of these Rules shall be at least doubled.

54.

Materials.

The material of which the magazine shall be constructed may differ according to the locality and surroundings.

55.

Capacity of mine magazines.


Except with the special permission of the Minister, no mine magazine shall be licensed to contain more than five hundred cases (twenty-five thousand pounds) of explosives.

56.

General provisions relating to magazines.


Except where it is desired to construct a magazine in a tunnel, cutting, disused mine working, or under a mine dump, or in such a locality as may warrant special consideration under rules 52, 53 and 54 of these Rules, the construction of a magazine shall be in conformity with rule 57 and its distance from neighbouring objects not less than those in rule 51 of these Rules.

57.

Construction of magazines.


The following provisions shall apply to magazines— (a) (b) (c) (d) (e) only the lightest available material shall be used in their construction; there shall be no window in any magazine; the height from floor to ceiling shall be at least seven feet; every magazine shall consist of at two separate compartments, namely, a storage room and a lobby through which alone access can be had to the storage room.
The doors of both storage room and lobby shall open outwards and shall be fitted with substantial locks; proper provision shall be made for the ventilation of magazines, and the temperature in the storage room shall not exceed ninety- least five degrees Fahrenheit; (g) (h) (i) (f) magazines shall be wood lined, the lining to be at least three inches from the walls, and the intervening spaces may be filled with nonconducting and noninflammable material; there shall be no exposed iron in any magazine; every magazine shall be efficiently protected against lightning; every magazine shall be surrounded by a substantial earthen mound; the mound shall be— (i) (ii) (iii) at a distance of at least three feet, measured from the foot of its interior slope from the magazine; the exterior slope of the mound shall be at the natural slope of the earth, and the entrance to the magazine shall be in a broken line and shall be closed by a gate fitted with a good lock; at least as high as the eaves of the roof of the building; at least three feet wide at the top; (j) (k) (l) (m) the exterior of every magazine shall be painted red and shall have the words “Explosives Magazine” painted in white on the door.
Where for purposes of reducing the temperature it is considered advisable, the magazine may be painted white and the inscription shall be in red; on the door or gate in the mound shall be fixed a board or plate bearing the official numbers of the magazine; proper provision shall be made for drainage; the magazine and mound and so much of the land surrounding it as may be prescribed shall, if so required by the engineer, be fenced in.

PART VII—STORAGE IN MAGAZINE, ETC.

58.

Storage, general.


A larger quantity of explosives than that for which it is licensed shall not be stored in any magazine, and only the storage chamber or chambers are to be used for the purpose of storing.

Lobbies and passages shall not be used for this purpose.

59.

Blasting cartridges.

Blasting cartridges of different natures may be stored in one and the same compartment of a magazine, but not with detonators, gunpowder (in grain), or any other kind of explosives.

60.

Gunpowder.
60.

Gunpowder.

Gunpowder (in grain) shall be kept in a separate compartment of a magazine or in a separate magazine.

61.

Detonators.

(1) Detonators shall not be stored with any other explosives, but in a separate magazine.

(2) A limited number of cases for use on mines or works may be stored in a building approved by an inspector on such mines or works, but the detonator building or store shall not be within the mound of the magazine for blasting cartridges.

62.

Safety fuse.
62.

Safety fuse.

Safety fuse is not reckoned as an explosive under the storage rules and may be stored in any dry place.

63.

Cases of blasting cartridges.

Cases of blasting cartridges shall not be stacked more than six feet high, and shall be so arranged as to ensure a good turnover and readily to admit of inspection.

64.

Cases of explosives.

Cases of explosives shall not be opened in the storage chamber of any magazine, but singly and either in the lobby or outside.

65.

Storage of tools.


(1) Tools required for opening cases shall not be kept in the storage chamber but may be kept in the lobby.

(2) The tools shall be of wood, copper, phosphor-bronze or similar material but not of iron or steel, except that a steel screwdriver may be kept for unscrewing cases which are closed by means of screws.

(3) No other metal tools, such as spades, picks, crowbars and the like, shall on any account be kept in the storage room or lobby of a magazine.

66.

Magazine shoes.


At least two pairs of large magazine shoes shall be kept in the lobby of every magazine, and no person shall be allowed to enter any magazine unless he or she first either puts on a pair of magazine shoes or removes his or her boots.

67.

Cleanliness.

(1) The floor of every magazine shall be kept scrupulously clean.

(2) Broken packets of explosives or loose cartridges of explosives are not to be returned to the magazine from the place of use.

68.

Prohibition of smoking.


No person shall smoke in or in the vicinity of any magazine; nor shall pipes, matches or any means of striking a light be taken into the magazine.

69.

Prohibition of naked lights.

(1) No naked light of any description shall be taken into any magazine.

(2) Where an artificial light is necessary it shall be of such character and construction as may be approved in writing by an inspector.

70.

Supervision.
70.

Supervision.

Every magazine shall be in charge of a competent person acquainted with these Rules and with the special rules, if any, and that person shall be responsible for their due observance.

71.

Appointment of supervisor.


The person responsible for a magazine shall be appointed in writing by the owner or agent of any owner of a magazine or in the case of a mine or works, by the manager; and failing such appointment in writing the owner, agent or manager, as the case may be, will himself or herself be held responsible for any breach of these Rules or of the special rules.

72.

Thermometer.

A reliable maximum and minimum thermometer shall be kept in every storage chamber of a magazine.

73.
73.

Storage book.

An explosives storage book shall be kept by the person in charge of every magazine; and in it he or she shall enter all receipts and issues of explosives, stating from whom received and to whom issued, and also record the maximum and minimum temperatures since last visit.

74.

Issue of explosives.


Explosives shall not be issued from any magazine unless upon the written order of an authorised person and, except as provided in rule 76 of these Rules, the person in charge of a magazine shall satisfy himself or herself that the person removing the explosives is provided with the official permit to transport the explosives.

75.

Loading, etc.

at magazine.


The person in charge of a magazine shall when loading or off-loading vehicles be responsible that the rules concerning transport are observed.

76.

Transport permit not necessary in certain cases.

A transport permit is not necessary when explosives are being transported from a mine or works magazine to the place of use on the mine or works.

77.

Special rules.
77.

Special rules.

The occupier of any magazine shall, if so required by an inspector, frame special rules as provided for in section 28 of the Act.

78.

Rules, etc.

to be displayed.

A copy of these Rules, special rules (if any), and of the magazine licence shall be posted in the lobby of the magazine in such a position as to be easily read.

79.

Restrictions on carrying out repairs.


Repairs shall not be carried out in any magazine while explosives are stored in the magazine, except with the consent and under the conditions to be prescribed in writing by an inspector.

80.

Prohibition of loitering.

Unauthorised persons shall not be permitted to loiter in the vicinity of a magazine; and the owner of any magazine and any employee of the owner shall have power to remove persons so loitering.

81.

Breaking into magazine to be reported.


Whenever a magazine has been broken into, the matter shall at once be reported to an inspector, whether there is any deficiency of stock or not.

82.

Watchperson.

Whenever it appears to an inspector to be necessary for the security of a magazine, a watchperson or watchpersons shall be placed in charge of it by the occupier.

83.

Offences and penalties under Part VII.


Any person who contravenes or fails to comply with any of the rules in this Part of these Rules concerning storage is liable on conviction to a fine not exceeding one thousand shillings or in default of payment to imprisonment for a period not exceeding six months.

84.

Application of Rules.


Rules 58 to 83 of these Rules shall apply to any temporary magazine or place of temporary storage authorised by an inspector in terms of section 6(1)(b) and (c) of the Act where the quantity of explosive exceeds two hundred pounds in weight.

85.

Conditions of storage of quantities of explosives not exceeding two hundred pounds.
Quantities of explosives of two hundred pounds and under for the storage of which no provision is made under any other rule framed under the Act shall, in addition to any other condition that may be prescribed in writing, be governed by the following rules— (a) (b) (c) (d) (e) they shall be securely stored under lock and key in a place where they are protected from moisture and from extremes of heat and cold; the place of storage shall be at a reasonable distance from inhabited buildings or places of public resort and shall be reasonably secure against theft; detonators and other explosives shall on no account be stored together; the practice of burying explosives for safe custody is prohibited; in the event of any breach of this rule the person responsible for the explosives is liable on conviction to the penalty mentioned in rule 83 of these Rules.
86.

Inspection.

(1) Any police officer may inspect a place of temporary storage or, on the written request of an inspector, any licensed magazine.

(2) For the purpose of such inspections, police officers may be deputed to act as inspectors in terms of section 2(2) of the Act.

PART VIII—STORAGE BY LICENSED DEALERS IN EXPLOSIVES OR FIREWORKS AND BY PRIVATE PERSONS.

87.

Dealers licence.


(1) Except as provided in section 7 of the Act, no person shall deal in blasting materials unless he or she has obtained a licence from the engineer, and application for the renewal of the licence shall be made annually.

(2) A licence will not be issued unless the applicant can satisfy the engineer that he or she is a fit and proper person to hold the licence, and any licence unless renewed on or before the 31st January will, ipso facto, lapse.

88.

Limitation of quantities in shop.


No quantities of explosives exceeding the amount prescribed in this rule may be kept by a licensed dealer in the shop itself— safety fuse—unlimited; blasting cartridges—ten pounds; detonators—twenty boxes of one hundred each; blasting powder—fifty pounds, inclusive of any other powder under rule 87 of these Rules.

(a) (b) (c) (d) 89.

Blasting cartridges and powder.


(1) The blasting cartridges shall be kept in a locked receptacle and the detonators in a separate locked receptacle at a distance from the former of not less than six feet.

(2) Blasting powder shall be kept in a separate locked receptacle.

90.

Notice to be affixed to premises.

Every dealer in blasting materials shall have affixed to the outside of his or her shop, store or premises the following notice— “Dealer in Blasting Materials” 91.
Limitation of quantities in store or yard.

(1) Every such dealer may, with the consent of and under conditions to be prescribed in writing by an inspector, keep in an approved place in his or her store or yard a quantity of blasting cartridges or powder not exceeding two hundred and fifty pounds and of detonators not exceeding one case.
(2) The dealer may also, with the consent of and under conditions to be prescribed in writing by an inspector, be allowed to keep in an isolated place a quantity of explosives, not exceeding twenty cases (one thousand pounds) without having a licensed magazine.

92.

Fireworks.
92.

Fireworks.

Every person who is authorised to deal in arms and ammunition or in blasting materials may also deal in fireworks; where, however, any other person desires to deal in fireworks, he or she shall register his or her name, occupation and address with the police officer in charge of his or her district or area.

93.

Notice to be affixed to premises.

Every dealer in fireworks shall have affixed to the outside of his or her shop, store or premises the following notice— “Dealer in Fireworks” 94.
Limitation of quantity of fireworks.

Fireworks in quantities not exceeding one hundred pounds gross weight may be kept in the shop itself on shelves separated from goods of an inflammable or combustible nature.

In larger quantities than this they may only be kept on the premises, but not in the shop itself, provided that they are contained in substantial unopened cases as received.

95.

Inspection.
95.

Inspection.

The powers of an inspector to inspect premises of dealers in fireworks and the obligations of the occupier with regard to any such inspection shall be those set forth in sections 25, 26, and 27 of the Act; and with regard to inspection of the premises (licensed magazines, except as provided in rule 86 of these Rules, excepted) of any dealer referred to in these Rules, police officers are deputed to act as inspectors in terms of section 2(2) of the Act.

96.

Relaxation of rule 94.


An inspector may relax rule 94 of these Rules in the case of fireworks which, in his or her opinion, are of a comparatively harmless nature in the event of fire.

97.

Fireworks involving exceptional risks.

Fireworks which, in the opinion of an inspector, involve an exceptional degree of risk, shall be stored under such conditions as he or she may in writing prescribe.

98.

Explosives for private use.


(1) Persons may keep on or in the neighbourhood of their premises for private use and not for sale, provided that the premises are not within any municipality, town or village— (a) (b) blasting cartridges or blasting powder not exceeding ten pounds in weight; and one hundred detonators.

(2) The blasting cartridges or blasting powder must be kept under lock and key and in a separate place from the detonators.

99.

Fireworks for immediate use.


In addition, whether within or without a municipality, town or village, fireworks required for immediate use and not for sale shall be kept in a safe place and with all due precautions for the public safety.

100.

Offences and penalties under Part VIII.
Any person who contravenes or fails to comply with any of the rules contained in this Part of these Rules commits an offence and, where the breach is in respect of fireworks, is liable on conviction to a fine not exceeding two hundred shillings or in default of payment to imprisonment for a period not exceeding one month, and where the breach is in respect of any other explosive, to a fine not exceeding one thousand shillings or in default of payment to imprisonment for a period not exceeding three months.
PART IX—USE.

101.

Responsibility of person in charge of works.

On any work where explosives are used, the person in charge of or carrying on the work shall be responsible that only a competent person superintends blasting operations and that such person is in possession of a permit as required by section 10 of the Act.

102.

Control of use of explosives.


Any inspector or local authority may prohibit or restrict the use of explosives in places where, owing to the close proximity of buildings, blasting may appear to endanger life or property.

103.

Storage.
103.

Storage.

Whether stored in the vicinity of the place of use or brought only in such quantities as are required for the day’s work, or for immediate use, blasting cartridges and detonators shall be kept in separate locked receptacles not less than six feet apart and charges shall not be prepared until required for use.

104.

Prohibition of fires, etc.

During the process of blasting or preparing the charges for blasting, there shall be no smoking or fires in the vicinity.

105.

Tamping.
105.

Tamping.

Only sand, water or soft clay may be used for tamping, and wooden tamping rods only shall be used.

106.

Precaution to be observed prior to igniting charge.

Before igniting the charge every precaution shall be taken to prevent any person from approaching or remaining within dangerous distance and to prevent possible injury to person or property from projecting debris.

107.

Counting of shots.


(1) Where two or more charges are fired at the same time, at least two persons shall count the shots; and should any doubt arise as to the number of charges which have exploded, a delay of at least fifteen minutes shall ensue before the scene of operations is revisited.

(2) In no case shall the place of operation be left in such circumstances until it shall have been examined and found to be safe.

108.

Charges fired electrically.


Where charges are fired electrically, the place of operation may be entered as soon as the circuit is broken.

109.

Prohibition of extraction of cartridges.

Cartridges may not be extracted from a hole when once charged, nor may any of the tamping be removed, but the hole must be fired.

110.

Misfires.
110.

Misfires.

(1) In the event of a misfire, the tamping and charge shall be flooded with water and the hole marked in a distinguishing manner, and another hole shall be drilled at a distance of not less than twelve inches and not greater than eighteen inches from the original hole and fired in the ordinary manner; and if necessary this operation shall be repeated until the original charge has been exploded.
(2) No work may be undertaken in the vicinity of an unexploded hole except under the directions of the person in charge of the blasting operations.

111.

Old boreholes.

Any boring in the neighbourhood of an old borehole must be in such a direction that there is no possibility of coming into contact with the old hole.

112.

New holes.

Before commencing to bore new holes, the surface to be operated upon shall be cleared of loose stones and debris.

113.

Frozen materials.


Blasting gelatine, dynamite and other nitro compounds shall not be used in a frozen state.

When frozen they shall only be thawed by being inserted into a pot or pan immersed in hot water.

On no account are they to be placed in the vicinity of a fire.

114.

Use of explosives, etc.

near public road.


The use of explosives, discharging of firearms or fireworks, on or in the immediate vicinity of any public thoroughfare is prohibited, except under proper authority and with all due precautions for public safety.

115.

Offences and penalties under Part IX.


Any person who contravenes or fails to comply with any of the rules contained in this Part of these Rules commits an offence and is liable on conviction to a fine not exceeding four hundred shillings or in default to imprisonment for a period not exceeding two months.

PART X—INQUIRIES INTO CIRCUMSTANCES ATTENDING ACCIDENTS.

116.

Reports of accidents.


Where any accident by fire or explosion occurs in or about any factory, magazine or other danger building or in connection with any mode of transport, the occupier of the factory, magazine or other danger building, the transport contractor, railway manager or any other persons responsible for the transport shall immediately send a notice of the accident, together with a statement of any loss of life or any personal injury, to an inspector and the engineer.

117.
117.

Damage to danger buildings.

Where a danger building has been partly or wholly destroyed by fire or explosion, the danger building shall not be reconstructed nor shall any explosive be put in the danger building, except with the consent of an inspector.

118.

Accidents involving death, etc.

by explosives at dealer’s premises.


Whenever any accident by fire or explosion occurs in or about any premises occupied by a dealer in explosives whereby loss of life or personal injury is caused, the occupier shall immediately send a notice of the accident to the engineer.

119.

Accidents involving death, etc.

in use of explosives.


Whenever any accident causing loss of life or personal injury occurs in the use of explosives, the person in charge of the operations shall immediately send written notice of the accident to the engineer and to an inspector.

120.

Police to be notified.


At any inquiry held by the engineer or an inspector into the circumstances attending an explosion, if there is any reason to suppose that the explosion was due to negligence or to some wilful cause or default, the engineer or the inspector holding the inquiry shall give such notice to the superintendent of police in charge of the area as to enable the police to be present at the inquiry.

121.

Inquiries.
The engineer or an inspector may hold an inquiry into the cause of any accident by explosion or fire of which these Rules require notice to be given to him or her; and to this end he or she may— (a) (b) (c) (d) enter and inspect any building which it may seem to him or her to be necessary to enter and inspect; require the attendance of all necessary witnesses and require such answers to such inquiries as he or she may think fit to make; require the production of all books, papers and documents important for the purpose; administer an oath and require any person examined to sign a declaration of the truth of the statement made by him or her in his or her examination.
122.

Offences and penalties under Part X.

Any person who contravenes or fails to comply with any rule in this Part of these Rules is liable on conviction to a fine not exceeding one thousand shillings or in default of payment to imprisonment for a period not exceeding six months.

PART XI—MISCELLANEOUS.

123.

Trespass.
(1) Except as provided in section 25 of the Act— (a) no person shall pass within the fence surrounding any danger building or group of danger buildings within the premises of a factory, nor, where the danger buildings are not specially fenced in, shall any person approach within fifty yards of the danger building, unless he or she is in possession of a permit signed by or on behalf of the owner or occupier of the factory, authorising him or her to do so; no person shall enter any magazine or pass within the fence or mound of any magazine except with the permission of the occupier of the magazine; and no person shall enter on any premises where, under section 6(1)(b) and (c) of the Act, explosives are stored, nor shall he or she interfere with any place where, under section 6(1)(a) and (d) (b) (c) of the Act, explosives are stored, except with the permission of the occupier.
(2) Any person who contravenes this rule is liable on conviction to a fine not exceeding three thousand shillings or in default of payment to imprisonment for a period not exceeding twelve months.

124.

Fees.
(1) The fees payable for any licence or permit issued under the Act shall be in accordance with the following scale— (a) (b) (c) (d) (e) (f) (g) (h) for a licence to sell, deal in or dispose of, any explosive, 200 shillings; for a permit to use or cause to be used blasting materials, 2 shillings; for a licence issued to erect, establish and maintain a factory for the manufacture of explosives, 1,000 shillings; for each and every amendment to a licence issued to erect, establish and maintain a factory for the manufacture of explosives, 200 shillings; for a licence to erect or carry on a magazine for storage of explosives, 500 shillings; for a licence to store in an isolated place any explosives, 20 shillings; for a licence to erect or carry on a temporary magazine for the storage of explosives, 250 shillings; for a duplicate of a licence or permit lost or accidentally destroyed, 10 shillings.
(2) The licences or permits issued under subrule (1)(a), (b), (c) and (e) of this rule shall be renewed after every twelve months from the date of issue.

125.

Appeals.

Where, as provided in section 27 of the Act, any person is dissatisfied with the decision or order of an inspector, he or she may within fourteen days of the decision or order lodge an appeal with the engineer.

126.

Unlawful possession of explosives.
Any person who is found to have in his or her possession or under his or her control any explosive in such circumstances as to give rise to a reasonable suspicion that he or she had the explosive in his or her possession or under his or her control for an unlawful object commits an offence and is liable on conviction to a fine not exceeding three thousand shillings or in default of payment to imprisonment for a period not exceeding twelve months, and the explosive so found may be confiscated.

History: S.I.
History: S.I.

309-1; S.I.

73/1968.

_____