Control of Explosives
The Explosives (Northern Ireland) Order 1972 extends the power to regulate explosive substances. The power exercisable by the Minister for Justice to make regulations under the Explosives Acts for controlling, regulating the manufacture, sale, acquisition, handling of explosives is also exercisable for the inspection of any substance to which the provisions apply. The legislation applies, except that any reference to explosives includes a reference to any such substances.
The provisions apply to any substance, including a liquid or other thing capable of being used, whether alone or in combination with anything else, as an explosive that appears to the Minister for Justice to be likely to be used for unlawful purposes.
The Explosives Act (Northern Ireland) 1970 amends the 1875 Act. A person shall not carry out, undertake, or engage in any of the following transactions unless they have been furnished in writing to a police officer with fair and accurate particulars of the proposed transaction, and written consent has been obtained from the officer. The legislation and obligation apply to the sale, purchase, acquisition, transfer, or disposal of any explosive.
In the case of a sale, acquisition, transfer, and disposal, they must keep a permanent record of all transactions entered, including the name and address of the persons from whom they have purchased or acquired any explosive and every person to whom they have sold, transferred, or disposed of the same, along with the dates of each such transaction and particulars of the quantity and nature of the explosive to which it relates.
Any person carrying out such a transaction must produce, for inspection, to a member of the police or government inspector, a permanent record required to be kept of any explosive in their possession or under their control. All invoices, consignment notes, receipts, and consents relating to the sales, purchase, acquisition, transfer, or disposal of explosives to which they are a party must be retained for two years.
The requirements provide specific notice to the police and the need to obtain written consent for a particular transaction does not apply to purchases, acquisitions, or transfers if the purchaser, acquirer, or transferee is the occupier of a licensed factory or a licensed store keeping more than 2,000 kilograms of explosives. It does not apply to a transaction carried out by a government authority. It does not apply to the armed forces or to the Commissioner of Irish Rights or to a member of the police force acting as such.
The obligations do not apply to fireworks of categories as may be prescribed by explosives regulations and to desensitized explosives listed in regulations.
It may and shall, where certain provisions apply, be made a condition of any consent that the purchase, acquisition, or transfer of explosives should only take place for a purpose or in a manner or within a period or in the presence of persons as may be specified in the consent. It may be for such a period that if not used within that period, it shall be delivered to the police for destruction or returned to a licensed magazine or licensed store.
Contravention of the above provisions, of which a condition of consent is an offence. A person is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or imprisonment for six months or both.
A person shall not remove any explosive from a store kept for use for the purposes of any mine or quarry unless they are authorized as a shot firer or authorized in writing by the occupier of the mine or quarry to remove the explosive and act under the direct supervision of an authorized shot firer. It is the duty of every mine or quarry occupier and every person removing or supervising the removal of explosives from any store for the purposes of a mine or quarry to ensure that if the explosive is not used or destroyed, it is returned to the store immediately upon the completion of the blasting works concerned.
As part of the mine or quarry for which blasting operations are undertaken, there must be kept a register of demands for explosives issued for each operation, the amount used, the amounts returned, and whether the operations are abandoned, postponed, or undertaken, etc. Contravention is an offence.
The Ministry of Justice may make regulations for prohibitions and restrictions in addition to those in the 1875 Act as may be necessary or expedient for controlling and regulating the following: manufacture, sale, transfer, storage, transportation, handling, use, and disposal of explosives. The regulations may provide the conditions to be observed and the records to be kept.
Persons who contravene the regulations or any conditions are guilty of an offence and liable, on summary conviction, to a fine or imprisonment for up to six months or both.
It is an offence to make any false statement knowingly or recklessly in connection with any of the records or requirements under the legislation. It is an offence to forge, falsify, or fraudulently use any false record or furnish false information to the police. A person guilty of this offence is liable, on summary conviction, to a fine at level 4 of the standard scale or imprisonment for up to two years or both.
The police have been given the powers of inspectors under the Explosives Act.