PART II

Explosives

9. —(1) In this Act, “explosive” means a substance of a kind used to produce a practical effect by explosion or a pyrotechnic effect or anything of which that substance is an integral part.

(2) For the purposes of this Act, the Minister may by order define the composition, quality and character of any explosive, and may classify explosives.

10. —No person shall import any explosive except in accordance with a licence granted by the Minister.

11. —(1) No person shall keep any explosive at any place except as follows:

(a) in the licensed factory in which it is manufactured,

(b) in a magazine licensed by the Minister for the storage of explosives,

(c) in a store licensed by the proper local or harbour authority (or, if owned by such authority, licensed by the Minister) for the storage of explosives, or

(d) in accordance with a certificate under section 13.

(2) Subsection (1) does not apply to a carrier or other person having explosives for the purpose of conveyance in conformity with this Act or in the exercise of functions conferred on him by or under this Act.

(3) No person shall have any explosive in his possession unless it has been lawfully acquired in accordance with this Act by him or by the person by whose authority he has it in his possession.

(4) Where a person is found to have an explosive in his possession or under his control, a member of the Garda Síochána or an inspector may require that person to give him all information in his possession as to how he came to have the explosive in his possession or under his control.

(5) If a person fails to comply with a requisition under this section he shall be guilty of an offence.

12. —No person shall sell or purchase any explosive unless—

(a) the seller is the holder of an import licence under section 10 or the licensee of a factory, magazine or store, and

(b) the purchaser is the licensee of a factory, magazine or store or the holder of a certificate under section 13 to purchase the explosive

13. —An officer of the Garda Síochána (including an inspector of the Garda Síochána acting as superintendent) may issue to any person a certificate authorising the purchase of explosives subject to and in accordance with regulations.

14. — Sections 10 to 13 do not apply to ammunition to which the Firearms Act, 1925 , applies.

15. —No person shall manufacture any explosive except in a factory licensed by the Minister for the purpose and in accordance with the licence.

16. —(1) Every package containing a classified explosive shall be clearly and conspicuously marked with the name of the explosive and the word “Explosive”.

(2) The Minister may make regulations regarding the marking of explosives.

(3) Every person who has in his possession or under his control any explosive not marked in conformity with this section or regulations thereunder shall be guilty of an offence.

17. —(1) A person packing explosives for conveyance shall take all practicable steps to prevent risk of injury to person or property.

(2) The Minister may, by regulations, provide for the packing of explosives for conveyance.

(3) A person who consigns or conveys any explosive packed otherwise than in conformity with this section or such regulations shall be guilty of an offence.

18. —The licensee of a factory or magazine shall keep in such form as the Minister may direct a daily record of the quantities of explosives taken into and out of the premises and shall permit an inspector to inspect every such record.

19. —The Minister may, by regulations, modify the requirements of this Part in relation to the manufacture, storage, marking, packing, conveyance, purchase, sale and keeping of fireworks, safety, signalling and rescue devices and other prescribed articles and substances.