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10 1972




Short title and commencement.

1. —(1) This Act may be cited as the Dangerous Substances Act, 1972.

(2) This Act shall come into operation on such day as the Minister may by order appoint.


2. —(1) In this Act—

carrier” includes every person carrying goods or passengers for hire by land or water;

classified explosive” means an explosive classified by order under section 9 (2);

explosive” has the meaning given to it by section 9(1);

harbour authority”, in relation to a harbour under the control of the Commissioners of Public Works in Ireland, means the said Commissioners and, in relation to any other harbour, has the same meaning as in the Harbours Act, 1946 ;

inspector” means an inspector appointed under this Act;

instrument” means an order, regulation, rule, bye-law, licence or other document;

licensed” means licensed under this Act;

local authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;

manufacture” includes any process of altering, breaking up or otherwise dealing with an explosive;

master,” in relation to a vessel, includes every person (except a pilot) having command or charge of the vessel;

the Minister” means the Minister for Labour;

petroleum” includes crude petroleum, oil made from petroleum or from coal, shale, peat or other bituminous substances and other fractions of petroleum;

petroleum-spirit” has the meaning given to it by section 20;

prescribed” means prescribed by regulations;

regulations” means regulations made by the Minister under this Act;

ship” has the same meaning as in the Merchant Shipping Act, 1894;

substance” includes matter in any form, whether solid, liquid or gaseous;

vessel” has the same meaning as in the Merchant Shipping Act, 1894.

(2) The proper local or harbour authority for the purposes of this Act shall be—

(a) within the limits of the harbour of a harbour authority—the harbour authority;

(b) in any other area—

(i) in an urban district—the council of the urban district;

(ii) in a county or other borough—the corporation of the borough;

(iii) in a county (excluding any borough or urban district)—the council of the county.

Presentation of orders and regulations.

3. —Every order and regulation made under any subsequent Part of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution is passed by either House within the next twenty-one days upon which that House has sat after such instrument has been laid before it annulling the instrument, the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Revocation and amendment of orders.

4. —The Minister may by order revoke or amend an order made under any subsequent Part of this Act.

Exemption of Defence Forces.

5. —This Act does not apply to the Defence Forces or to substances held or premises occupied on behalf of the Minister for Defence for civil defence purposes, but subject thereto it applies to all substances held or premises occupied on behalf of the State.


6. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals and saving.

7. —(1) Each of the Acts referred to in the Schedule is hereby repealed to the extent indicated therein.

(2) The application, by section 8(1) of the Explosive Substances Act, 1883, of sections 73, 74, 75, 89 and 96 of the Explosives Act, 1875, shall not be affected by any repeal effected by this Act and, accordingly, the said section 8 (1) shall be construed as if the Explosives Act, 1875, were still in force.

Continuation of orders, regulations, bye-laws, licences.

8. —Every instrument made or issued under a repealed enactment, and in force immediately before the commencement of this Act, shall, subject to any other provision of this Act, continue in force as if made or issued under the corresponding provision of this Act.