DANGEROUS GOODS (GOVERNMENT EXPLOSIVES DEPOTS) REGULATIONS

DANGEROUS GOODS (GOVERNMENT EXPLOSIVES DEPOTS) REGULATIONS

CGOODS (GOVERNMENT EXPLOSIVES DEPOTS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

LA
9 ....................... ........ ... ... ... ... ... ... D 2

2. ................................... ... ... ... ... ... ... D2

3. Reception and removal of explosives at depots ... ... ... ... ... ... D 2

4. Explosives to be unloaded forthwith ...... ... ... ... ... ... ... ... D 2

5. Applicant to attend depot while explosives are received or removed ... ... D 3

6. Notice of storage ........................ ... ... ... ... ... ... ... D 3

7. Commissioner to refuse to store explosives if unsafe or if depot overstocked D 3

8. Packages not to be opened without permission ... ... ... ... ... ... D 3

9. Prohibition of other work during reception and removal of explosives ... D 3

10..............................Prohibition of combustible materials in or near depots ... ... ... ... D 3

1 1 ...............Custody of smoking requisites ... ... ... ... ... ... ... ... ... ... D 4

2. Interpretation

12...........Storage fees ................... ... ... ... ... ... ... ... ... D 4

13...........Delivery fees .................. ... ... ... ... ... ... ... ... ... D 4

14...............Destruction of explosives ... ... ... ... ... ... ... ... ... ... ... D 4

15........Offences ....................... ... ... ... ... ... ... ... ... ... D 4

16........Penalty ...................... ... ... ... ... ... ... ... . 1. D 4

Schedule. Fees

Page

D 5





DANGEROUS GOODS (GOVERNMENT EXPLOSIVES
DEPOTS) REGULATIONS

(Cap. 295, section HE)

[1 May 1971.1

1.These regulations may be cited as the Dangerous Goods

(Government Explosives Depots) Regulations.

2. In these regulations


'Commissioner' means the Commissioner of Mines;

'deputy manager' means a deputy manager of a depot appointed by
the Governor under section 13D of the Ordinance;

'explosive accessories' includes connectors, detonators, fuses, ignit-
ers, igniter cords, primers, relays and any other substance or
device used or manufactured with a view to initiating an
explosive by means of detonation, burning or otherwise;
'inner package' means a substantial case, bag, canister or other
receptacle, so made and closed as to prevent any of the contents
from escaping;
'manager' means the manager of a depot appointed by the Gover-
nor under section 13D of the Ordinance;

'month' means calendar month;

,,outer package' means any form of package superimposed upon an
inner package for the purpose of protecting such inner package
from damage.

3. (1) No person shall cause or permit any explosive to be
received into or removed from a depot except in the presence of
and under the direction of the manager or a deputy manager of
the depot.

(2) No person shall cause or permit any explosive to be

received into or removed from a depot between the hours of sunset
and sunrise without the permission of the Commissioner.

4. (1) Subject to regulations 3, 5, 6 and 7- unloaded
. (a) the person in command of a vessel which brings any
explosive to a depot for reception; and
(b) the person at whose request the explosive is to be stored in
a depot,
shall cause the explosive to be unloaded forthwith from the vessel
and delivered into the depot.

(2) If any explosive is not unloaded and delivered into a depot
in accordance with paragraph (1), the Commissioner may cause the
explosive to be unloaded and delivered into the depot and the





expenses of the unloading and delivery shall be a debt owed to the
Government, jointly and severally, by the person in command of the
vessel and by the person at whose request the explosive is to be
stored in the depot.

5. The person at whose request any explosive is stored in a
depot shall, while the explosive is being received into or removed
from the depot-

(a) himself attend at the depot; or

(b)arrange for another person to attend at the depot as his
agent.

6. The Commissioner may refuse to receive any explosive into
a depot for storage if the person at whose request the explosive is to
be stored has not given at least 8 weeks prior notice of his intention
to bring the explosive to a depot for storage.

7. The Commissioner may refuse to receive any explosive into
a depot for storage if-

(a)he is not satisfied that the explosive is in a safe condition
for storage in the depot; or

(b)in his opinion, the receipt of the explosive into the depot
would result in the overstocking of the depot.

8. No person, except a public officer in the performance of his
duties, shall open any package containing explosive in a depot
without the permission in writing of the Commissioner.

9. No person shall, while any explosive is being received into
or removed from any part of a depot or transhipped to or from any
part of a depot, carry on or near that part of the depot or any vessel
unloading, loading or transhipping the explosive any work which is
not necessary for the receipt, removal or transhipment of the
explosive.

10. No person shall, while any explosive is being received into
or removed from a depot, or is being transhipped to or from a
depot-

(a) have in his possession any combustible material;

(b) light any fire;

(c) expose any naked light; or

(d) smoke,

in or near the depot or any vessel unloading, loading or transhipping
the explosive.





11. The manager or a deputy manager of a depot may give such
directions as he thinks fit as to the custody of any tobacco, matches,
lighters and other smoking requisites in the possession of persons-

(a)who are in or near a depot while any explosive is being
received into or removed from the depot, or is being
transhipped to or from the depot; or

(b)who are in or near any vessel which is unloading, loading or
transhipping the explosive.

12. (1) The person at whose request any explosive is stored in a
depot shall pay to the Government the fee specified in Part 1 of the
Schedule for the storage of the explosive.

(2) Any fee which is payable under paragraph (1) shall be paid
within 21 days after the last day of the period of storage for which it is
payable.

(3) If any fed is not paid within the time specified in paragraph (2),
the Commissioner may cause the explosive in respect of which such fee
is payable to be sold, and may deduct the fee and any other expenses
incurred by the Government in the sale of the explosive from the
proceeds of sale, and shall refund the balance of the proceeds of sale to
the person by whom the fee was payable.

13. The person at whose request any explosive is delivered by the
Government from a depot to any other place shall pay to the
Government the fee specified in Part 11 of the Schedule for such
delivery.

14. The Commissioner may cause any explosive which is stored in
a depot to be destroyed-

(a)if in his opinion the condition of the explosive is such as to
threaten the safety of a depot or of any persons therein; or

(b)if any fee payable under regulation 12 for the storage of the
explosive has not been paid and the Commissioner is unable
to sell the explosive under paragraph (3) of that regulation
within 6 months after the fee becomes due.

15. (1) Any person who contravenes regulation 3(1) or (2), 4(1), 5,
8, 9 or 10 shall be guilty of an offence.

(2) Any person who contravenes a direction given under
regulation 11 by the manager or a deputy manager of a depot shall be
guilty of an offence.

16. Any person who is guilty of an offence under these
regulations shall be liable upon conviction to a fine of 55,000 and to
imprisonment for 6 months.





SCHEDULE

FEES

PART I

[regs. 12(1) & 13.1]

1 .Subject to paragraph 2, the fees per consignment for the storage in a depot of
explosives and explosive accessories shall be

(a)where the amount of the explosives or
explosive accessories (including the weight
of any inner and outer packages) does not

exceed 50 kg ............................................. $82.50 per month or part of a month;

(b)where the amount of the explosives or
explosive accessories (including the weight
of any inner and outer packages) exceeds

50kg........................................................ $41.25 per month or part of a month for every 25 kg or fractional part of 25 kg.


2.Where a consignment of explosives or explosive accessories is delivered to a
depot for storage after the fifteenth day of any month the fees calculated in
accordance with paragraph 1 shall be reduced by 50% for that month only in
relation to those explosives or explosive accessories (including the weight of
any inner and outer packages).

PART 11

1. Subject to paragraph 2, the fees for delivery from a depot to any other place
by
the Government-
(a) of-

(i) explosives contained in inner packages only; or

(ii) explosives contained in inner and outer packages;
(b) of

(i) explosives contained in inner packages only; or

(ii) explosives contained in inner and outer packages, together with, in
either case, the accompanying explosive accessories contained in inner
packages or not contained in any packages; (c) of-

(i) explosives; and

(ii) the accompanying ex plosive accessories, contained in inner and
outer packages; (d) of explosive accessories only contained in inner
and outer packages, shall be in accordance with the following table.






2. The weight in the case of-
(a) paragraph 1(a)(ii), of any outer packages;
(b) paragraph 1(b)

(i) of any outer packages; and

(ii) of the accompanying explosive accessories (including the weight of any
inner packages); (c) paragraph 1(c)(i), of any outer packages, shall be
disregarded.
L.N. 22/71. L.N. 156/73. L.N. 119/83. L.N. 271/83. L.N. 284/85. L.N. 375/87. L.N. 32/71. Citation. Interpretation. L.N. 271/83. Reception and removal of explosives at depots. Explosive to be unloaded forthwith. applicant to attend depot while explosives are received or removed. Notice of storage. Commissioner to refuse to store explosives if unsafe or if depot overstocked. Packages not to be opened without permission. Prohibition of other work during reception and removal of explosives. Prohibition of combustible materials in or near depots. Custody of smoking requisites. Storage fees. Schedule, Part I. Delivery fees. Schedule, Part II. Destruction of explosive. Offences. Penalty. L.N. 271/83. L.N. 284/85. L.N. 375/87. L.N. 284/85. L.N. 375/87.

L.N. 22/71. L.N. 156/73. L.N. 119/83. L.N. 271/83. L.N. 284/85. L.N. 375/87. L.N. 32/71. Citation. Interpretation. L.N. 271/83. Reception and removal of explosives at depots. Explosive to be unloaded forthwith. applicant to attend depot while explosives are received or removed. Notice of storage. Commissioner to refuse to store explosives if unsafe or if depot overstocked. Packages not to be opened without permission. Prohibition of other work during reception and removal of explosives. Prohibition of combustible materials in or near depots. Custody of smoking requisites. Storage fees. Schedule, Part I. Delivery fees. Schedule, Part II. Destruction of explosive. Offences. Penalty. L.N. 271/83. L.N. 284/85. L.N. 375/87. L.N. 284/85. L.N. 375/87.

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