Explosives Act

Explosives Regulations 1960

[GN 71 of 1960 – 1 October 1960] [Section 27]

1. Short title

These regulations may be cited as the Explosives Regulations 1960.

2. Interpretation

In these regulations –

"Act" means the Explosives Act;

"Director-General" means the Director-General of the Mauritius Revenue Authority;

"magazine" means the Government magazine, Fort George, or any other store appointed by the Minister under section 10 of the Act.

[Reg. 2 revoked and replaced by reg. 2 of GN 21 of 1962 w.e.f. 3 March 1962.]

3. Forms

The forms set out in the First Schedule shall be used in all cases to which they are applicable.

4. Fees

The fees to be paid in pursuance of the Act and these regulations shall be the fees specified in the Second Schedule:

Provided that no fees shall be payable by or on behalf of any Government Department in respect of any application, certificate, licence, permit or other document issued under the Act and these regulations, so long as such application relates to, and such certificate, licence, permit or other document is used solely on, Government business and is distinctly endorsed to that effect by the Director.

5. Notice to be given by agents

The agents of a ship shall give written notice of intention to load, discharge, tranship, or handle explosives to the Port Master and to the Director-General not less than 48 hours before any such explosive shall be loaded, discharged, transhipped or handled.

6. Notice of quantity and nature of explosives

Every written notice shall state, in detail, the quantity and nature of the explosives to be landed, transhipped or loaded.

7. Report to pilot

The master of any ship arriving in Mauritius, with explosives on board, shall give immediate notice thereof to the pilot who will come on board his ship.

8. Flags and light to be displayed

Every ship having explosives on board shall, while within the limits of the harbour, display, where it may best be seen, a red flag not less than 3 feet square by day and a red light visible all round the horizon from sunset to sunrise.

9. Lighters and boats

(1) (a) Every lighter and every boat having on board any explosives shall, by day carry at the bow and the stern, a red flag not less than 3 feet square on a staff of not less than 6 feet above the deck.

(b) When having on board any explosive, the lighter or boat shall carry no other cargo.

(2) Tugs, while towing such lighters or boats, shall also display the red flag required by this regulation.

(3) (a) All lighters and boats having on board any explosives shall, from sunset to sunrise, display 2 red lights of a type winch shall not be capable of igniting the explosives.

 (b) One of such lights shall be fixed at each end of the lighter or boat, or line of lighters or boats.

10. Movement of craft within the harbour

Subject to regulation 12, no craft having explosives on board shall enter or leave the harbour, or be moved from one place to another in the harbour, between sunset and sunrise.

11. Berthing of ships

The discharge, loading, transhipment or handling of explosives shall take place only at a quay or mooring berth assigned for that purpose by the Port Master.

12. Removal of ships

(1) The Port Master, or any officer appointed by him, shall be empowered to order the removal of any ship having explosives on board from any berth or quay to any other berth or quay in the harbour, or from the harbour and outer harbour to the open sea, at any time of the day or night.

(2) Every expense attendant on the removal under paragraph (1) shall be recovered from the owner, or master, or agent of the ship.

13. Duty of master

The master of a ship having explosives on board, or loading or discharging such explosives, shall be responsible for taking all necessary precautions on board his ship.

14. Special precautions to be taken on board a ship

The Master of a ship shall be responsible for ensuring that the following special precautions are taken on board his ship during the time when any explosive is on board –

(a) chipping or scaling or any operation liable to cause a spark is not to be carried out;

(b) welding of any kind on the ship is forbidden;

(c) no repairs are to be carried out in any compartment containing explosives.

15.  Restrictions as to other goods

While explosives are being loaded or discharged by a ship, no other cargo shall be loaded or discharged by that ship.

16. Hours for handling explosives

Explosives shall not be discharged, loaded or handled within the limits of the harbour except during the hours between sunrise and sunset.

17. Non-observance of safety measures

Without prejudice to any fine or penalty prescribed for the non-observance or breach of these regulations, the Port Master shall be empowered to suspend the loading, discharging, handling or transhipping of explosives within the harbour area, if, in his opinion, these regulations are not being satisfactorily complied.

18. Precautions on suspension of loading or discharge

(1) Where the loading or discharge of explosives has been commenced, such loading or discharge shall be continued with all due speed and diligence.

(2) Where it is impracticable to complete the loading or discharge, before sunset, on the day it has commenced –

 (a) loading or discharge shall be discontinued; and

 (b) the holds shall be securely fastened down,

as if the ship were fully loaded and the bulk had not been broken.

19. Marking of packages

Every package containing explosives shall be distinctly marked on the outside with the nature of the explosives.

20. Gear used for handling explosives

The officer placed in charge of any such operation by the Port Master shall be empowered to suspend the loading, discharge or handling of any explosives, if, in his opinion, any gear, sling, net, hook, pipeline or other appliance used in that connection is unsuitable or unsafe for that purpose.

21. Mooring of lighters and boats

Lighters and boats carrying explosives shall be –

(a) moored only at a berth or berths assigned by the Port Master; and

(b) made fast to the mooring buoy or buoys by means of chains or wire ropes.

22. Safety measures with respect to lighters and boats

(1) The unloading of explosives shall not commence until the Port Master has approved the precautions to be taken with regard to such unloading.

(2) Every guard boat shall fly a red flag.

23. Steam craft

No steam craft shall be used for the conveyance of explosives between a ship and the shore.

24. Smoking

The Port Master shall, at the place where explosives are being loaded, discharged or handled, cause conspicuous notices to be posted up on board the ship and ashore, drawing attention to section 5 of the Act which prohibits smoking in the vicinity of any explosive.

25. Unauthorised persons

No person, other than the ship's crew, persons engaged in the loading, discharge or handling of explosives, or persons on legitimate business, shall be on board any craft carrying explosives, or at or near any place ashore where such explosives are being loaded, discharged or handled.

26. Exemptions

Notwithstanding any other enactment, the Port Master, when and as often as he shall consider of these regulations unnecessary to ensure the safety of life and property in the case of loading or unloading of any particular cargo or consignment of explosives, may, in writing, exempt the master of the ship or his agent, or the owner of the explosives, from compliance with these regulations.

27. Explosives imported by sea to be conveyed to Government Magazine

(1) Every explosive shall –

 (a) on importation be conveyed, as far as practicable, by sea to the Government magazine; and

 (b) during the conveyance, remain under the charge and control of the Director-General.

(2) The importer shall provide such labour and transport as the Director-General shall consider sufficient for the transport of the explosives to the magazine.

(3) The magazine shall be under the charge and control of the Director-General.

28. Store rent for storage in Government magazine

(1) There shall be levied a store rent of 3 rupees per year, or fraction of a year, for every 50 kilogrammes, or fraction thereof, of any explosive stored at the magazine.

(2) The rent specified under paragraph (1) shall be paid in advance.

29. The Director-General may reject insecure packages and cause them to be destroyed

(1) The Director-General shall have the power of rejecting any package which he may consider as insecure, and the importer shall at once take the necessary steps for repairing the said package to the satisfaction of the Director-General, failing which the contents shall be destroyed by immersion of the package into the sea, and the importer or owner thereof shall have no claim for damages in respect of such destruction.

(2) Any package which may have become insecure, at any time while in the magazine, shall be dealt with in the manner indicated in the preceding paragraph.

30. Conditions of removal

On removal of any explosives from the magazine, the following provisions shall have effect –

(a) importers wishing to remove explosives from the magazine shall give 48 hours' notice to the Director-General;

(b) no quantity exceeding 100 kilogrammes shall be removed at any one time in any animal or hand-drawn vehicle, and, should it be necessary to remove a greater quantity than 100 kilogrammes by such means, an interval of not less than an hour shall be allowed between the departure of 2 successive vehicles;

(c) no quantity exceeding 400 kilogrammes shall be removed at any one time in any motor vehicle, and, should it be necessary to remove a greater quantity than 400 kilogrammes by such means, an interval of not less than 10 minutes shall be allowed between the departure of 2 successive vehicles.

31. Care of explosives in transit – general provisions

(1) The following conditions shall be observed by every person in possession or in charge of explosives, when in course of transit by sea, road or rail –

 (a) the explosives shall be securely and properly loaded and no person shall be carried in any conveyance carrying explosives except, unless it is necessary for the due and proper control of the conveyance;

 (b) detonators shall not be carried with other explosives in the same conveyance;

 (c) no unauthorised person shall, at any time, be allowed access to the explosives or to the conveyance in which they are carried;

 (d) where any explosive is spilt it shall be carefully collected and disposed of, and all traces removed from the conveyance in which the explosives are being conveyed;

 (e) all explosives shall be effectively protected from accident by fire, and, unless carried in a properly closed conveyance, shall be completely covered with tarpaulin or other spark resisting material.

(2) For the purpose of this paragraph –

"explosives" shall not include safety fuses.

32. Care of explosives in transit by sea

(1) Every person in charge of explosives being conveyed between ship and shore, or between any places within a port shall, in addition to being responsible for observing the conditions prescribed in regulation 31, ensure that no craft shall go alongside any other craft or allow any other craft to approach or come alongside, except for the purpose of shipping, unshipping or transhipping explosives.

(2) Any other directions which may be given by the Port Master shall be obeyed by the person in charge of explosives.

33. Care of explosives in transit by road

In adddition to the conditions prescribed in regulation 31, the person in charge of explosives, in transit by road, shall be responsible for observing the following conditions –

(a) no vehicle carrying explosives shall remain stationary within 100 yards of any building or in the vicinity of any town or village;

(b) no vehicle shall be loaded beyond 75 per cent of its authorised load;

(c) no explosive shall be moved along a road during the hours of darkness;

(d) there shall be affixed to every vehicle containing explosives, a red flag of at least 2 feet by 2 feet and visible from all directions.

34. General provisions for storage of explosives

(1) Detonators shall, in no circumstance, be stored with or kept in the vicinity of any other explosive, except for safety fuses.

(2) Every place where explosives are stored shall be indicated by means of the word "Danger" and the word "Explosives" or "Detonators" written underneath, as the case may be, displayed in such manner as to be clearly and easily visible to any person approaching such place.

(3) (a) The door of every place where explosives are stored and every storage vault shall, at all times, when not in use for the issue of explosives or other lawful purpose, be securely fastened under lock as approved by the Commissioner.

 (b) The key of the store shall be in possession of the person in charge of the explosives.

(4) If any place where explosives are stored is broken into, damaged by fire or otherwise, or if any explosives are lost or stolen, a report shall forthwith be made to the nearest police station.

35. Walls of magazines

The walls of the magazine, if made of corrugated iron sheeting or other similar material, shall be lined with wood or other approved substitute, leaving, between the iron sheeting and the wood, a space of at least 3 inches which shall be filled with non-inflammable, heat resisting material.

36. Doors of magazines

(1) The outer door of the lobby shall open outwards and be made of wood, protected by a light fireproof sheet on the outside.

(2) The inner door between the lobby and the storage room shall be made of wood and shall open into the lobby.

(3) Every door shall be fitted with a good lock, of a pattern to be approved by the Commissioner, secured to the door in such a manner that it may not be easily removed from outside.

37. Ventilation of magazine

(1) The magazine shall be so ventilated that the maximum temperature in the storage room shall not exceed 35 degrees centigrade.

(2) Ventilating channels shall be constructed in the gables, side and end walls and, where necessary, in the roof.

38. All openings of magazine to be protected

(1) Every ventilating channel and other permanent opening into the magazine building shall be so constructed that –

 (a) it shall not open directly into the magazine;

 (b) no person shall get access into the magazine; and

(2) The magazine shal

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