Explosives Act 1902 (NSW)

Act No. 96, 1902.

An Act to consolidate t he Acts re la t ing to t he

importa t ion, s torage, and removal of gun­

powder and other explosive substances .

[12th December, 1902.]

BE t h e advice a n d consent of t h e Legis la t ive Counci l and Legis la t ive

i t enac ted by t h e K i n g ' s Mos t E x c e l l e n t Majesty, by and wi th

Assembly of N e w South W a l e s in P a r l i a m e n t assembled, and by the

au thor i ty of t he same, as follows :—

P A R T I .

Preliminary.

1 . This A c t m a y be ci ted as t he " Explosives Act , 1902 , " and

is divided in to P a r t s , as follows :—

P A R T I . — P r e l i m i n a r y . — s s . 1-5.

P A R T I I . — I m p o r t and export of explosives and explosive sub­

stances.—ss. 6 -17 .

P A R T	I I I . — R e m o v a l	and	carriage	of	explosives.—ss.	1 8 - 2 3 .
P A R T	I V . — S t o r a g e	of	explosives	and	licenses.—ss.	2 4 - 2 9 .

P A R T	V.—Keeping and sale	of	explosives.—ss.	3 0 - 3 3 .
P A R T	V I . — M a g a z i n e s and	their	management.—ss.	34 -40 .
P A R T	V I I . — R e g i s t r a t i o n	of	premises.—ss.	4 1 - 4 3 .

P A R T V I I I . — R e g u l a t i o n s . — - s s . 44, 45.

P A R T I X . — R e n t , charges, and fees.—ss. 4 6 - 5 0 .

(3) Al l magaz ines procla imed or l icensed, and all premises regis tered unde r t h e A c t s he reby repealed, shal l be deemed to have been procla imed, l icensed, or regis tered respect ively unde r th i s Act . (4)

P A R T X . — M i s c e l l a n e o u s . — s s . 5 1 - 5 5 .

P A R T X I . — L e g a l proceedings.—ss. 5 6 - 5 9 .

2 . The Acts ment ioned in the First Schedule hereto are he reby

repealed.

3 . (1) Al l regula t ions made unde r t h e au thor i ty of any A c t

he reby repealed, a n d being in force a t t h e t ime of t h e passing of	th i s
Ac t , shal l	be deemed to have been m a d e u n d e r t h e au thor i ty of th is Ac t . (2) Al l persons appointed unde r t h e Ac t s hereby repealed

and ho ld ing office a t the t i m e of t h e pass ing of th is A c t shall be deemed
to have been appointed hereunder .

(4) E v e r y proc lamat ion and notification m a d e u n d e r any of

t h e Ac t s hereby repealed, the operat ion of which is n o t exhaus ted a t t h e pass ing of th i s Act , shal l con t inue to have effect as if i t had been

m a d e unde r t h e corresponding provisions of this Ac t .

(5) E v e r y license g ran ted u n d e r any of t h e A c t s he reby

repealed, a n d ex is t ing a t the t ime of t h e pass ing of th i s Act , shall con t inue in force for t he unexp i r ed period of such license, and shall be deemed to have been g ran t ed hereunder .

4 . N o t h i n g in th is Ac t shall affect t he provisions of the Storage

a n d Sale of Kerosene Res t r ic t ion A c t of 1871 , or of section fifty-five,

subsect ion two, of the Mines Inspec t ion Act , 1901 .

5 . (1) I n this Act , unless t he con tex t or sub jec t -mat te r other­

wise indicates or requi res ,—

" b o a t " means boat , barge , pun t , or any o ther k ind of small

vesse l ;

" bu i ld ing " means any stone, br ick, or o ther bu i ld ing of wha t ­

ever mater ia l s ;

" Collector of Cus toms " means t he Collector or any o ther officer

of C u s t o m s ;

" d e a l e r " m e a n s seller or purchaser for t r ad ing purposes or the

m a n u f a c t u r e r of explosives or explosive subs tances ;

" explosive " means gunpowder , n i t ro-glycer ine, dynami te , l i tho-

fracteur, b las t ing powder, picric powder, gun-co t ton ,

pyrol ignoine , or any explosive prepara t ion of vegetable fibre, fu lminate of mercu ry , or of o ther metals , and every other subs tance , w h e t h e r similar to those above men t ioned or not ,

which m a y from t i m e to t ime be proclaimed by the G o v e r n o r ;

" explosive s u b s t a n c e " means pe t ro leum, kerosene, p icra te of

potash, or any explosive subs tance which is now or m a y here­ after be manufac tured , coloured fires, car t r idges , or a m m u n i ­

t ion of which an explosive forms a par t , fireworks, rockets ,	detonators , and every adapta t ion or p repara t ion of an explosive
or an explosive substance as above defined ;

" i m p o r t e r " means t he impor ter , owner, consignee, or other

person whose n a m e appears in the bill of lading, sh ip ' s manifest , or invoice of any explosive or explosive subs tance on board any vessel ;

" i n s p e c t o r of p o l i c e " means t he inspector or a n y o ther officer of

p o l i c e ;

" jus t ice " means jus t ice of the p e a c e ;

" magaz ine " means any bui ld ing, hu lk , or o ther floating vessel,

procla imed by the Governor to be e i ther a publ ic or licensed magaz ine for t he storage of explosives or explosive sub­ s t a n c e s ; " O r d n a n c e

" Ordnance Storekeeper " means t he Ordnance Storekeeper or any officer or person appointed for a n y special d u t y unde r th i s A c t so far as such d u t y is concerned, or any person hav ing t h e cus tody of a publ ic magaz ine ;

" packages " includes barrels , me ta l cases or canisters , or wooden

boxes con ta in ing s u c h ;

" prec incts " means t he g round or water su r rounding any magaz ine

proc la imed to be i ts precincts ;

" premises " includes any store, shop, warehouse , cellar, or o ther

b u i l d i n g ;

" p r e s c r i b e d " means prescribed by regula t ions made u n d e r th i s

A c t ;

" r e g i s t e r e d p r e m i s e s " means premises registered unde r P a r t V I I

of th i s A c t ;

" v a n " m e a n s van , t ruck , waggon, dray, or o ther vehicle used

e i ther on t h e road or rai l .

(2) The provisions of th i s A c t a n d t h e regula t ions there ­

unde r shall , so far as t h e y affect t h e impor ta t ion , l anding , s torage, and removal in to or o u t of a n y magaz ine , of explosives, apply to car t r idges .

P A R T I I .

Import and export of explosives and explosive substances.

6 . The mas t e r or officer in cha rge of a n y vessel a r r iv ing in Po r t

J ackson or any o ther por t w i t h i n N e w South Wales hav ing a n y explosive on board besides t h e ship 's stores in ship 's magazines , shal l , immedia te ly after en t e r ing such por t , hoist a pi lot j a ck a t the ma in ­ m a s t head and keep i t flying un t i l al l t h e explosives on board have been landed according to t he provisions of th i s Act , and in default shall

be l iable to a pena l ty n o t exceeding t w e n t y pounds .

7 . The mas te r of every vessel a r r iv ing in P o r t J a c k s o n shal l

deliver up , in conformity wi th t he provisions of th i s Act , all explosives on board such vessel, whe the r as cargo or stores, before such vessel shal l be al lowed to pass to t he wes tward of Garden Is land , and shal l n o t af terwards have on board a n y explosive on pa in of forfei ture of all found on board, and t h e packages in which t h e same are conta ined, and shall also be liable to a pena l ty no t exceeding fifty pounds .

8 .    (1) U p o n t h e display of t h e s ignal directed by section six,

t h e Ordnance Storekeeper shal l , w i t h o u t unnecessary delay, cause t he requis i te licensed boats to proceed to t h e said vessel, and shall a t once demand and receive from the mas te r thereof al l explosives t hen be ing on board, and shal l t he reupon give to t h e mas te r a receipt descr ibing t h e packages con ta in ing t h e same in t he form conta ined in t h e Second

Schedule

Schedule here to , which receipt shall he deemed in law to ma in t a in any l ien which t h e mas te r or owner of t he vessel m a y have upon the explosives a n d car t r idges the re in described for f reight or other lawful charges upon t h e same respect ively.

(2) T h e Ordnance Storekeeper shall t he r eupon deposit the

said explosives a n d car t r idges in t h e magazine appointed in t h a t behalf.

(3) E v e r y impor te r thereof shall , w i th in forty-eight hours

after t h e ar r iva l of the said vessel, deliver to t h e Ordnance Storekeeper a full descript ion of t h e said explosives a n d car tr idges, showing t h e

q u a n t i t y w i t h t he marks and number s of	t h e	packages conta in ing	the
same.

(4) The Ordnance Storekeeper shall en te r such description, toge the r wi th t h e n a m e of such importer , in a book to be k e p t for t h a t purpose , a n d shal l t he reupon give a certificate of such en t ry to t h e said impor t e r in t h e form conta ined in t h e Second Schedule hereto.

(5) N o person shall be ent i t led to receive any explosive or car t r idges f rom t h e magaz ine unless he produces such certificate to t h e Ordnance Storekeeper , and has paid t h e l igh te rage from t h e vessel a n d t h e s torage a n d any other charges author ised by this Act .

9 . (1) Al l explosives exceeding twelve pounds we igh t shal l be

d ischarged f rom the vessel impor t ing t he same between t h e hours of

six in t h e m o r n i n g and four in t h e afternoon.

(2) As often as any quan t i t y exceeding twe lve pounds weigh t is so removed the same shall be t aken direct from the vessel to such magaz ine as has been appointed for i ts recept ion, e i ther in G o v e r n m e n t or o ther boats du ly licensed by t h e Minis te r in t h a t

behalf, or b y such o ther mode of t r ans i t as m a y be directed by the
Minis ter , b u t a t t h e expense of t h e impor te r of all such explosives, who shal l pay the prescribed charges for l igh te rage to t h e Ordnance Storekeeper .

(3) A n y person l and ing or a t t e m p t i n g to l and any explosive

con t ra ry to th i s or t h e preceding section shall be l iable to a	pena l ty
no t exceeding t w e n t y shill ings for every pound weight so landed or

a t t e m p t e d to be landed.

1 0 . N o explosive t aken from any magaz ine shal l be landed in

a n y other pa r t of the harbours of P o r t J a c k s o n or Newcast le t h a n a t t he whar f or place appointed from t ime to t ime by proclamat ion of t he Governor , nor a t any o ther t i m e t h a n be tween t h e hours of six and n ine o'clock in t he morn ing , unde r a pena l ty in e i ther case not exceeding

t w e n t y shi l l ings for every p o u n d we igh t so landed.

1 1 . Al l boats employed in t he l and ing or removal of explosives

exceeding fifty pounds weigh t in t he ha rbours of P o r t J a c k s o n or Newcas t le shall be t ho rough ly covered in or housed over, and shall be sufficiently provided wi th the prescribed coverings, and shall also fly a danger s ignal to be prescribed by t h e Minis te r and notified in t he

2 s Gazet te ,

Gazet te , and a n y person (whe ther employed by the Ordnance Store­ keeper or not) who removes, or causes to be removed, explosives exceeding fifty pounds weight in a n y o the r m a n n e r shall be l iable to a pena l ty n o t exceeding t w e n t y shi l l ings for every pound weigh t so removed.

1 2 . (1) If a n y explosive or explosive subs tance exceeding

twelve	pounds we igh t is impor ted in a n y vessel a r r iv ing in P o r t
J a c k s o n	or a n y other po r t w i th in N e w South W a l e s , whe the r by itself
or packed wi th a n y other merchandise , a n d the package	con ta in ing

the same is n o t m a r k e d so as to show t h a t a n explosive or explosive subs tance is the re in conta ined, and to specify the same a n d also showing t h e quan t i t y thereof, such explosive or explosive subs tance , t oge the r

w i t h t h e package conta in ing t h e same, a n d	t h e said merchandise ,	shal l
be l iable to seizure a n d confiscation.

(2) E v e r y impor te r of t he same w ho wilfully neglects to

repor t t he impor ta t ion of such explosive or explosive subs tance to t h e Collector of Cus toms wi th in forty-eight hours after t he en te r ing of t he said vessel shall be liable to a pena l ty not exceeding ten pounds .

1 3 . (1) No explosive or explosive subs tance (except kerosene)

exceeding twelve pounds w e i g h t shall be shipped on board any vessel in t h e ha rbou r s of Po r t J a c k s o n or Newcas t le w i thou t a special notification thereof to t h e Collector or o ther pr incipal officer of Customs, nor shal l t he same be shipped, delivered, or conveyed in a n y boat or van wi thou t a p la in and durab le b rand or superscr ipt ion on t h e package conta in ing the same, showing w h a t explosive or explosive

subs tance is the re in contained.

(2) I f any person so ships or delivers, or causes to be shipped or delivered, any such explosive or explosive substance w i t h o u t such notification, or w i t h o u t such b r and or superscr ipt ion, or if a n y mas te r of a n y vessel knowing ly receives on board, or pe rmi t s to be landed, any such explosive or explosive subs tance w i t h o u t such notification and b r and or superscr ipt ion, every such person or mas t e r

so offending shall be l iable to a pena l ty no t exceeding fifty pounds . 1 4 . N o person shal l ship or a t t e m p t to ship on any vessel ly ing

in P o r t J a c k s o n a n d outward bound, and no mas te r of any such vessel shall knowing ly or negl igent ly receive or pe rmi t to be received on board, a n y explosive exceeding fifty pounds we igh t before such vessel has reached to t h e eas tward of Garden Is land , unde r a pena l ty no t exceeding t w e n t y shil l ings for every p o u n d weight so shipped or a t t emp ted to be shipped, or so received or a t t emp ted to be received.

1 5 . (1) W h e n any explosive is del ivered from a n y magaz ine in

t he ha rbour of Por t J a c k s o n for sh ipment , t h e expor ter or owner thereof

on rece iv ing t h e p e r m i t for t h e same shal l give not ice in wr i t i ng to t he Ordnance Storekeeper of t h e day i t will be required to be placed on board t h e vessel by which i t is in tended to be exported, wi th every document

requi red by law for sh ipp ing t h e same. (2)

(2) The Gove rnmen t will no t be responsible for any shor t sh ipments m a d e t h r o u g h any omission of t he expor ter thereof to furnish a p roper not ice in wr i t i ng of such sh ipment or for any incomplete a r r angemen t s for t he same, or for delivery a t o ther t h a n the hour s aforesaid of a n y explosives which m a y he short shipped.

1 6 . A n y explosive exported from P o r t J ackson and in tended

for s torage in any other magazine a t any other por t of N e w South W a l e s provided with a n approved magaz ine shall be stored free in t h e la t t e r for t h ree days if in tended for immedia te t ransmiss ion in to t he inter ior , or if for general issue shall be assessed a t t he prescribed rates :

P rov ided always t h a t due and proper notification of such
t ransfer from one magaz ine to ano the r is given to t he Ordnance

Storekeeper, and in t he absence of such not ice t h e Ordnance Store­

keeper m a y t r ea t such explosive as an or iginal impor ta t ion .

1 7 . N o steam-vessel ca r ry ing passengers depa r t ing from any

por t or p ly ing on a n y r iver of New South Wales shall carry any explosive e i ther as stores or cargo, except such signals a n d reasonable q u a n t i t y of gunpowder as m a y be requ i red for the purpose of m a k i n g s i g n a l s ; and t h e mas te r or owner of any steam-vessel so ca r ry ing passengers , on board which any explosive is found, con t ra ry to th is section, shal l be liable to a pena l ty not exceeding fifty pounds nor less

t h a n t en p o u n d s :

Provided a lways t h a t where there is no available communica t ion ,

except by steam-vessels ca r ry ing passengers , wi th any por t or place, i t shal l be lawful to ship any explosive not exceeding fifty pounds we igh t by such steam-vessel on condit ion t h a t it is provided wi th a special c o m p a r t m e n t or magaz ine , and t h a t such steam-vessel shall also car ry a danger flag on en te r ing any port or coming near to any place in

N e w South W a l e s for	d ischarging cargo.
P A R T I I I .

Removal and carriage of explosives.

1 8 .     (1) Al l explosives exceeding twelve pounds weight w h e n in

course of removal shall be in barre ls closely joined and hooped, or in copper , zinc, or t inned cases or canisters enclosed in wooden boxes or barrels , and not con ta in ing more t h a n one h u n d r e d pounds weigh t of powder or o ther explosive, and so secured t h a t no par t of t h e explosive can be scattered in its removal .

(2) I f any of such packages are defectively const ructed or m a d e con t r a ry to th is section, or to any regula t ion which m a y be m a d e by t h e Minis ter , t he Ordnance Storekeeper may , if he deems i t necessary, remove the contents of t he said packages in to secure and

properly-

proper ly-cons t ruc ted bar re l s or boxes, and charge a n d receive from the

impor te r for such removal not less t h a n t en shil l ings and s ixpence pe r bar re l or box so repacked, a n d shal l pay to t he Colonial Treasurer t h e difference be tween t h e a m o u n t received by h i m a n d the ac tua l cost of such repack ing , a n d t h e Ordnance Storekeeper may refuse to deliver to t he said impor t e r t h e explosive so repacked u n t i l t he said charge is paid :

Prov ided t h a t if such r epack ing cannot be done w i t h o u t

danger t he Ordnance Storekeeper m a y order t h e said explosive so

defectively packed to be destroyed.

1 9 . (1) Any van used in conveying explosives exceeding one

h u n d r e d pounds n e t we igh t wi th in t h e ci ty of Sydney or wi th in t he

boundar ies of a n y ci ty or t o w n ment ioned in t he Th i rd Schedule here to ,

or wi th in t he boundar ies of a n y city or t own hereafter p roc la imed by t h e Governor , shal l be specially const ructed for t h a t purpose, a n d shal l be l ined a t t h e b o t t o m and on each side wi th wood fastened wi th copper bolts or copper nai ls and so cons t ruc ted t h a t no i ron or steel can come in contac t wi th t h e package conta in ing a n y explosive.

(2) N o t more t h a n one ton weigh t of any explosive shal l
be conveyed in any v a n w i th in t h e ci ty of Sydney or wi th in a n y such

other c i ty or town as above men t ioned unless such v a n forms p a r t of a

Gove rnmen t ra i lway t ra in .

(3) I f a n y v a n used in car ry ing explosives forms p a r t of

any Gove rnmen t ra i lway t r a in any quan t i t y of explosives n o t exceeding

two tons weigh t may be conveyed there in .

(4) The word " E x p l o s i v e s " shall a lways be pa in ted on

every such van in capi ta l le t te rs n o t less t h a n six inches long.

(5) Eve ry such v a n shal l h a v e a comple te cover ing of wood

or of pa in ted cloth or woollen cloth t i l t s over all t h e explosives con­

veyed there in .

(6) E v e r y person who in t h e conveyance of a n y explosive
fails to comply wi th t h e provisions of th i s section shall for every such
forfei ture of all t h e explosives a n d the i r packages t h e n being in such offence be l iable to a p e n a l t y n o t exceeding ten pounds , and to t h e v a n :

Provided t h a t explosives carr ied on the Gove rnmen t Rai lways shal l no t be so forfeited.

2 0 . A l l explosives conveyed by vans shall be packed in t h e

m a n n e r requi red by section e ighteen, and in addi t ion there to a n y kegs of b las t ing or loose powder shal l be placed in bags or sacks a n d so secured t h a t no pa r t of t h e explosive can be scat tered in t h e removal

thereof; and no package shal l conta in	more t h a n	one h u n d r e d	pounds
weight .

2 1 . (1) All appl icat ions for t he delivery of a n y explosive

deposited in any magaz ine shal l be m a d e to t he Ordnance Storekeeper, who shal l deliver t he same to t he holder of t h e certificate thereof or

other person du ly author ised to receive the same. (2)

(2) I f in tended for delivery in t he ci ty of Sydney or suburbs or a t any por t in N e w South Wales t he same shal l be delivered a t t h e wharf or place appointed by the Governor du r ing t h e hour s provided by th is A c t or any regulat ions made hereunder .

(3) I f in tended for sh ipmen t the same shal l be delivered

to t h e vessel by wh ich the same is in tended to be expor ted be tween

the hour s of seven in t h e m o r n i n g and four in t he af ternoon; or,

(4) If in tended to be carr ied by the ra i lway the same shall

be del ivered be tween t h e hours of seven in t he m o r n i n g and noon on

t h e days appoin ted for t he conveyance of explosives.

2 2 . ( 1 ) Whosoeve r t akes any explosive exceeding one hund red

pounds n e t weight to any rai lway s ta t ion wi thou t	ob ta in ing	from	the
traffic m a n a g e r a certificate	t h a t	he is p repa red to receive i t shal l	be

l iable to a pena l ty no t exceeding fifty pounds .

(2) A n y explosive exceeding one hund red pounds ne t

w e i g h t consigned to a n y rai lway stat ion shall , if no t removed from

such ra i lway s ta t ion wi th in twenty-four hours after arr ival , be liable

to forfei ture.

2 3 . Whosoever carries any gunpowder , exceeding two pounds

we igh t , or o the r explosive, in any omnibus , coach, or other publ ic vehicle, used for t h e carr iage of passengers , or in any licensed boat, a n y o ther passenger be ing there in , shall be liable to a pena l ty n o t exceed ing five pounds .

P A R T I V .

Storage of explosives and licenses.

2 4 . ( 1 ) Explosives shal l no t be k e p t a t any place excep t as

follows—

(a) in a magaz ine , e i ther exis t ing on t h e twen ty - seven th day of

J u n e , one t housand and e ight h u n d r e d a n d seventy-s ix , or

w h i c h has been since the said date , or m a y hereaf ter	be,
p roc la imed by the Governor as a publ ic m a g a z i n e ;	or

(b)	i n a p r iva te magaz ine duly licensed unde r t he a u t h o r i t y a n d according to t h e provisions of th is A c t for t he s torage of explosives ; or
(c)	on any premises duly registered under the provisions of this A c t .

(2) W h e n e v e r any explosive is k e p t in any place n o t

au thor ised b y th is Act , t h e same may be fo r thwi th seized by the Ordnance Storekeeper , inspector of magazines , or inspector of police, a n d may , by any two just ices , be declared to be forfeited.

(3)

(3) The occupier of such place a n d t h e owner of t he explosive au thor i s ing t h e keep ing of t h e same in such place, shal l each he l iable to a pena l ty no t exceeding t w e n t y shi l l ings for every pound weigh t of explosives so kep t .

(4) This section shall not a p p l y —

(a)	to any holder of an ordinary or special license keeping not more t h a n twenty-five pounds we igh t of explosives on the same
p r e m i s e s ; or
(b)	to any person keeping explosives for his own use and not for
sale, and not exceeding the a m o u n t of tw relve pounds w r eight

on t h e same premises .

2 5 . (1) The Governor may , b y proclamat ion publ ished in t he

Gazet te , declare a n d appo in t as a " publ ic magazine " or as a " l icensed magaz ine , " any bu i ld ing which is certified by t h e Ordnance Store­ keeper to be sui table, w i th regard to i ts s i tua t ion and ex te rna l a n d

in t e rna l const ruct ion, for t he safe cus tody of	gunpowder or a n y o ther
explosive, as t he case m a y be .

(2) U p o n a n y such bu i ld ing be ing so proclaimed, t h e

Min is te r m a y issue a license to be called a " magaz ine license " to t h e owner or o ther person in tended to have the charge of t h e said magaz ine if such owner or person is approved by the Minis ter as be ing du ly qualified.

(3) Such license shall be valid only for t he person n a m e d

there in .
(-1) I n t h e event of a n y wilful neglec t of any provision of th i s Ac t or of any regu la t ion he reunde r by the person so be ing licensed, all or any p a r t of t h e explosives in his magaz ine a t the t i m e t h e offence was commit ted, shall be l iable to forfei ture, and t h e l icensee shall also be l iable to a pena l ty n o t exceeding ten pounds for every day du r ing which such negl igence cont inues , and t h e said " magazine license " m a y also be forfeited.

2 6 . A license to be called a n " ordinary l i c e n s e " m a y be

g ran ted to any dealer in explosives. 2 7 . A license to be called a " special l icense " m a y be g ran ted

to a n y dealer in explosives who is t he owner or occupier of any bu i ld ing or premises which are s i tua te outside t h e ci ty of Sydney, or i t s suburbs , a n d a r e approved by t h e Minis te r , and are capable of s toring, w i t h

safety, la rger quan t i t i e s of explosives t h a n are author ised to be k e p t by

a dealer u n d e r a n " ordinary l icense ."

2 8 . The holder of every such l icense shall , even if h is premises

are n o t regis tered, observe all t h e provisions of th i s Act , and the

regula t ions he reunde r as to t he s torage and sale of explosives.

2 9 . E v e r y ord inary and special l icense, w h e n granted , shal l be

duly publ ished in t h e Gazet te , and shal l be in force for twelve m o n t h s .

P A R T

P A R T V.

Keeping and sale of explosives.

3 0 . Whosoeve r becomes a dealer in explosives, wi thou t hav ing

obta ined from the Min i s te r e i ther an " o r d i n a r y " or a " s p e c i a l " l icense, as here in provided, shall be liable to a pena l ty not exceeding

one h u n d r e d pounds .

3 1 . E v e r y dealer in explosives shal l cause to be pa in ted in

legible charac te r s on some conspicuous pa r t of t he shop or warehouse

con ta in ing the same t h e words " explosives sold h e r e , " or he shal l be

l iable to a pena l ty of five pounds for every day of such omission.

3 2 . I f t h e impor te r or owner of any explosive, while i t is

deposited in any magazine , sells or t ransfers t h e whole or any p a r t of t he same to any other person, such sale or t ransfer shall be immedia te ly r epor t ed in wr i t ing to t he Ordnance Storekeeper, and a certificate of such sale or t ransfer , toge ther wi th any other documents necessary for c la iming t ransfer and delivery of such explosive from such impor te r or owner , shal l also be produced to the Ordnance Storekeeper in order t h a t t h e same m a y be du ly registered, otherwise t h e Ordnance Store­ keeper m a y refuse to deliver u p t h e said explosive to any other person

t h a n t h e recipient of t h e or iginal certificate.

3 3 . ( 1 ) No explosive shal l be sold or g iven to any child

appa ren t ly u n d e r t h e age of th i r t een years .

(2) A l l gunpowder or o the r explosive exceeding one pound weight , w h e n ei ther exposed for sale or sold, shall be in a subs tan t ia l case, canister , or o ther receptacle, made and closed so as to p reven t t he gunpowder or o the r explosive f rom escaping, a n d the outs ide cover ing or wrapper shal l have wr i t t en in large let ters or p r in ted t h e r e o n : —

(a)	i n t h e case of gunpowder , t h e word " Gunpowder " ; and
(b)	in t h e case of explosives o ther t h a n gunpowder , t he n a m e of
such Explosive, and also the word " E x p l o s i v e . "

(3) I f a n y breach of th is section is commi t t ed by any

person registered u n d e r P a r t V I I of this A c t he shal l be liable to a pena l ty no t exceeding fifty pounds , and all t h e explosives t h e n be ing in his regis tered premises m a y be forfeited.

P A R T V I .

Magazines and their management.

3 4 . (1) The Governor m a y b y proc lamat ion appoin t a space

s u r r o u n d i n g any publ ic magaz ine to be i ts precincts wi th in which i t

shal l no t be lawful for any person to come wi thou t t he a u t h o r i t y of

t h e Min i s te r or Ordnance Storekeeper. (2)

(2) E v e r y person en te r ing such precincts w i t h o u t such

au thor i ty , and refusing to wi thd raw after be ing directed so to do by t h e Ordnance Storekeeper or o the r person unde r his au thor i ty m a y be e i ther forcibly removed or t a k e n in to cus tody by h im for the purpose of be ing b rough t before t h e neares t cour t of pe t ty sessions and shall be l iable to

a p e n a l t y n o t exceeding t w e n t y pounds .

3 5 . Eve ry person b r ing ing fire or ma tches for t he pu rpose of

ign i t ion or smoking wi th in t h e prec inc ts of any magazine m a y	be
fo r thwi th t a k e n	in to cus tody by t h e Ordnance Storekeeper or police

constable or any o ther person, in order to be deal t w i th as is in t h e n e x t p reced ing section provided, and such person so offending shal l be l iable to a pena l ty no t exceeding twen ty pounds .

3 6 .    The Governor may appoint inspectors of magazines , a n d m a y

assign to t h e m the i r dut ies , and every such appo in tmen t shall t h e r e u p o n

be publ i shed in t h e Gazet te .

3 7 . ( 1 ) E v e r y inspector of magazines shal l have au tho r i t y to

en te r a n d inspect a t any t ime any publ ic or licensed magazine , and a t a n y t i m e be tween t h e hours of n ine and four in t h e day a n y premises registered u n d e r th i s Act , for t h e purpose of examin ing t h e s ta te a n d condit ion thereof and of t he packages of explosives stored the re in .

(2) Every such inspector may the reupon a t once give to t h e Ordnance Storekeeper or officer in charge of any publ ic magaz ine or to t he l icensee or person in cha rge of any licensed magazine or premises any orders or direct ions respect ing t h e custody and m a n a g e m e n t of such magaz ine or premises , and the explosives the re in stored, or a n y o ther ma t t e r s which in his opinion are of such u r g e n t impor tance as to justify his act ion wi thou t t h e previous sanct ion of t h e Min is te r :

Provided t h a t such inspector shall fo r thwi th communica te to t he Min is te r wha teve r orders he m a y have given or other course t a k e n	for
his approval or otherwise .

(3) Eve ry officer or l icensee or other person in charge of

such magazine or premises refusing to admi t a n y such inspector in to

t h e said magaz ine or premises or neg lec t ing for thwi th to obey or ca r ry in to effect any such orders or directions shal l be l iable to a pena l ty n o t exceeding one h u n d r e d pounds , a n d also in case of his be ing in t h e employ of t h e G o v e r n m e n t to immedia te dismissal from its service.

3 8 . E v e r y owner of a " l icensed magazine " may , in order to

secure t h e observance of th is Act , a n d the safety a n d discipline of t h e

persons employed in or abou t such magazine , w i th t h e sanct ion of t h e Minis ter , m a k e rules for t h e control of such persons, such ru les no t

be ing inconsis tent wi th th i s A c t or any regula t ions thereunder .

3 9 . Eve ry owner or l icensee of a n y licensed magazine shall

forward, w i th in one week after t h e end of every m o n t h , t o t he Ordnance Storekeeper , a detai led s t a t emen t of all explosives deposi ted

in

in his magazine or delivered out by him, and of all moneys received by him on account of storage or otherwise, during the month preceding under a penalty not exceeding ten pounds for every default.

40. (1) No explosive exceeding twenty-five pounds shall be stored in any magazine in the same compartment with any other explosive or within the distance of ten feet therefrom, except in accordance with regulations duly made in that behalf.

(2) Any person storing any explosive contrary to the pro­ visions of this section shall be liable to a penalty of twenty shillings for every pound weight so stored, and, except in the case of a public magazine, all such explosives may be forfeited and the license granted to the person so offending may also be forfeited.

PART V I I .

Registration of premises.

41. (1) Premises wherein any explosive exceeding twenty-five pounds weight is kept shall be registered.
(2) Every person desirous of registering any premises either for the sale or keeping of any explosive, shall register his name and calling with the Ordnance Storekeeper, and shall therewith deliver a correct description of the said premises and the street and town or other locality where the same are situated.

(3) An inspector of magazines or other officer appointed by the Government in that behalf, shall thereupon inspect the said premises, and if approved by the Minister as being suitable and in compliance with this Act and any regulations hereunder, the Minister may immediately authorise the Ordnance Storekeeper to register in a book to be kept by him for that purpose the name and calling of such person and the specified premises and to give him a certificate thereof,

upon the premises therein specified during the period specified in his	and such person shall thereupon be duly authorised to keep explosives
license.

(4) Such registration and certificate shall be valid only for

the person and specific premises registered.

42. (1) The following general rules shall be observed with respect to "registered premises"—

(a) If the explosive is kept in a substantially constructed build­ ing exclusively appropriated for the purpose and detached from a dwelling-house, or in a fire-proof safe outside a dwelling-house and detached therefrom, and in either case at a safe distance from any street, or public place, five hundred pounds weight may be kept in the same registered premises.

(b)

(b)	I f t h e explosive is k e p t on and for t h e use of a mine , quar ry , ra i lway, or pub l i c w o r k in course of construct ion, a n d in a de tached bu i ld ing exclusively appropr ia ted for t he purpose, a n d a t a safe d is tance from any street or publ ic place, four t housand pounds we igh t m a y be kep t in t h e same registered premises .
(c)	If the explosive is kept inside a dwelling-house, or in any
bu i ld ing o ther t h a n as aforesaid, t h r e e h u n d r e d pounds
weigh t m a y be k e p t in t h e same regis tered premises.
(d)	If the explosive is deposited in a fire-proof safe within such dwell ing-house or bu i ld ing four hund red pounds weight m a y
be kep t .
(e)	All gunpowder and blasting powder shall be secured in packages as specified in section e ighteen.
(f)	No person shal l be allowed to smoke or b r i ng matches for t h e purpose of igni t ion in to registered premises.
(g)	N o person u n d e r t he age of s ixteen years shal l be employed in regis tered premises unless in the presence and u n d e r t h e supervis ion of some adu l t person.

(2) I f any breach of th i s section is commit ted by t h e person

so regis tered he shall be liable to a pena l ty not exceeding fifty pounds , a n d al l t h e explosives t h e n be ing in such registered premises m a y be forfeited.

4 3 . (1) N o explosive exceeding twenty-f ive pounds shal l be

stored in any regis tered premises in t h e same c o m p a r t m e n t w i th a n y o the r explosive, or wi th in t h e d is tance of t en feet therefrom, excep t

in accordance w i t h regu la t ions duly m a d e in t h a t behalf.

(2) A n y person s tor ing explosives con t ra ry to t h e pro­ visions of th i s section shal l be liable to a pena l ty of t w e n t y shil l ings for every pound weigh t so stored, and all such explosives m a y be forfeited, and a n y l icense g ran ted to t h e person so offending m a y be

forfeited a n d his certificate of regis t ra t ion cancelled.

P A R T V I I I .

Regulations.

4 4 . The Governor m a y m a k e regula t ions , not be ing inconsis tent

wi th th is A c t —

(1) for t he m a n a g e m e n t and control of all magazines , and for

de t e rmin ing t h e quant i t ies of explosives or explosive sub­

stances w h i c h m a y be stored in such m a g a z i n e s ;

(2)	for r egu la t i ng t he impor ta t ion , storage, custody, removal , and
carr iage of explosives e i ther by land or w a t e r ;

(3)

(3) for declar ing w h a t quan t i t y of explosives or explosive sub­

stances m a y be removed or carried ei ther to or from such
m a g a z i n e s ;

(4) for prescr ib ing the size and descript ion of boats to be used for t he t ranspor t of explosives or explosive substances by water , a n d the m a n n e r in which such boats shall be cons t ruc ted a n d fitted u p ;

(5) for prescr ibing precaut ions to be used in conveying any

explos ive ;

(6) for	appo in t ing the places respect ively where t he same m a y be delivered, e i ther from on board ship in order to be stored in a magaz ine , or from a magazine in order to be conveyed else-
Avhere;

(7) for g r a n t i n g licenses for car ry ing the same to any owners of

boats or vans , and prescr ibing rules for the i r gu idance in

e i ther c a s e ;

(8) for declar ing w h a t flag or other danger signal shall be dis­ p layed by boats or vans when conveying explos ives ;

(9) for p rovid ing for t h e storage a n d removal of any explosive

for publ ic works or m i n i n g purposes ;

(10) for prescr ib ing the dut ies of inspectors of m a g a z i n e s ;

(11)	for p roc la iming any o ther por t to be subject to the provisions
of th i s A c t a n d the regula t ions m a d e h e r e u n d e r ;

(12) for prescr ibing t h e rates and charges for l ighter ing ,

del iver ing, and s tor ing a n y explosive ;

(13) for ca r ry ing in to effect t he in tent ions and objects of th i s Act .

Al l such regula t ions shal l t he r eupon be publ i shed in t he Gazet te , and

copies of all regula t ions so made shall, w i t h o u t unnecessary delay, be

laid before P a r l i a m e n t if a t t h a t t ime in session, a n d if no t t h e n

w i th in one m o n t h after t he commencemen t of its t h e n n e x t session.

4 5 . Al l regula t ions w h e n so m a d e and publ ished shall have t h e

same force a n d effect, u n t i l repealed or al tered, as if each respect ively

had formed a p a r t of th is Ac t , and t h e product ion of t h e Gazet te

conta in ing t h e m shall be sufficient evidence upon any t r ia l or proceeding in any cour t of every such regula t ion h a v i n g been duly m a d e and p romulga ted .

P A R T I X .

Rent, charges, and fees.

4 6 . (1) The store r e n t and charges due upon any explosive

deposited in any publ ic magaz ine shal l be paid every six m o n t h s , unless sooner delivered, and if such r e n t a n d charges are no t so paid to t h e Ordnance Storekeeper, he m a y cause a not ice to be publ ished in t h e

Gazet te

Gazet te r equ i r i ng t he impor t e r or owner to pay the a m o u n t due, a n d

s ta t ing t h a t	if no t paid	wi th in one m o n t h t he said explosive will he
forfeited.

(2) If such a m o u n t is no t paid wi th in such period, t he Ordnance Storekeeper m a y cause t he said explosive to he sold by pub l i c auc t ion on the day fixed by the said not ice, and t h e ne t proceeds of such sale shall , in t h e first ins tance, be applied to t h e p a y m e n t of al l r en t and charges due thereon, and t h e ba lance (if any) shal l be pa id to t h e holder of t he certificate of deposit of such explosive, or such balance m a y be paid to t h e Colonial Treasurer , who shall place t h e same to t h e credit of t h e Consolidated Revenue F u n d .

4 7 . The s torage r en t for any explosive deposited in any pub l i c

magazine as aforesaid shall be paid by the impor te r or holder of t he certificate thereof according to t he prescribed ra tes , and such impor t e r or holder shall be he ld liable for t h e p a y m e n t of storage r e n t a n d all

o ther expenses t h e r e u p o n un t i l t h e t ransfer in t he p roper ty of such

explosive has been duly repor ted and regis tered as here in provided.

4 8 . A n y person app ly ing for a pe rmi t for delivery of a n y

explosive shal l , a t t he t ime of such applicat ion, pay to t he Ordnance Storekeeper t h e prescribed ra tes , t he Ordnance Storekeeper cha rg ing for l and and wa te r t ranspor t , combined or separately, as t he case m a y be .

4 9 . A l l moneys received b y the Ordnance Storekeeper for t h e

s torage or del ivery of explosives, or for o the r charges in respect thereof, and al l penal t ies recovered, and t h e proceeds of sale of all explosives or explosive substances ad judged to be forfeited, shall be paid to t h e

Treasurer , for t h e pub l i c uses of N e w South W a l e s .

5 0 . (1) Eve ry person s tor ing explosives in any pub l i c or

l icensed magaz ine shall pay t h e prescribed charges for such s torage.

(2) Eve ry person t a k i n g out a license or reg is te r ing

premises under th i s Act , shal l pay for t h e same respect ively t he	fees
specified in the F o u r t h Schedule here to .

P A R T X .

Miscellaneous.

5 1 . N o t h i n g in th is A c t contained shall a p p l y —

(1) to any explosive or explosive subs tance t h e p roper ty of H i s

Majes ty on board a n y of H i s Majes ty ' s sh ips ; nor

(2) to t he keep ing of explosives or explosive substances in any magaz ine be longing to H i s Majes ty , or to t he carr iage thereof to a n d from a n y magaz ine unde r a special order of t h e Minis ter , or w h e n u n d e r t h e control and m a n a g e m e n t of a n y

officer of H i s Majesty 's a rmy , navy , ordnance, or o ther du ly

author ised pe r son ; nor ( 3 )

(3) to any gunpowder , rockets , or o ther explosive or explosive subs tance on board any vessel in pu r suance of t h e provisions of t he Merchan t Sh ipping Ac t , 1894, and the Acts amend ing t h e same, or any order or regu la t ion made u n d e r any of those Acts : Provided t h a t t he conveyance and keep ing thereof on board t he vessel or elsewhere whi le t h e vessel is in ha rbour shall be subject to the regula t ions made or to be made unde r

th i s A c t ;	nor
(4) to a n y explosives or explosive substances supplied to or used by H i s Majesty 's Colonial and Volun tee r	Forces.

5 2 .     (1) The Governor may , by p roc lamat ion—

(a) prohibi t , e i ther absolutely or for a s ta ted period, t he m a n u ­

fac ture , impor ta t ion from places beyond N e w South Wales , s torage, conveyance, or sale of any explosive or explosive subs tance which is of so dangerous a charac te r tha t , in t he j u d g m e n t of t h e Governor , i t is expedient for t he pub l i c

safety to issue such p roc l ama t ion ;

(b) impose conditions or restrictions regarding the same respec­ t ively .

(2) Whosoever , in con t raven t ion of t he t e r m s of such

proclamat ion , manufac tu res , impor ts , stores, keeps, conveys, sells, or a t t e m p t s to sell or purchase a n y such dangerous explosive or explosive substance, shal l be l iable to a pena l ty no t exceeding twen ty shi l l ings for every pound weight of t he same which he has so manufac tu red , impor ted , stored, conveyed, delivered, or sold, or a t t e m p t e d to sell

or p u r c h a s e ; a n d all or any pa r t of such explosive; or explosive

subs tance m a y be seized and forfeited.
(3) The Collector of Cus toms shall have and exercise t h e
same powers wi th respect to any explosive or explosive subs tance , the

impor ta t ion of wh ich has been so prohibi ted by t h e Governor , and

which is found on board any vessel after a r r iva l in a n y por t of N e w	South W a l e s , or wh ich has been landed from such vessel, and also wi th
respect to t h e vessel so impor t ing or l and ing the same, as t h e said Collector of Cus toms m a y have and exercise u n d e r t he laws a t t h e t ime in force wi th respect to any art icle prohibi ted to be impor ted by any laws re la t ing to t h e cus toms, and w i t h respect to t he vessel i m p o r t i n g t h e s a m e ; and the said laws respectively shall be const rued to app ly to th i s section accordingly :
(4) Af te r any such seizure t he said explosive or explosive subs tance shal l be t a k e n cha rge of by t he Ordnance Storekeeper for deposit in a publ ic magaz ine .

5 3 . The Ordnance Storekeeper and all persons employed u n d e r

h im in cha rge of explosives shall be sworn in as special constables .

5 4 .    T h e Governor m a y by proc lamat ion publ ished in t h e Gaze t te

exempt from t h e operat ion of any sections of th is A c t to be specified in such p roc lamat ion any chemica l or mechan ica l p repara t ions which are the reby or m a y hereaf ter be declared to be " explosive subs tances ," t h a t a re in general use, and wh ich in t h e opinion of t h e Governor m a y safely be consigned or stored in la rger quan t i t i e s t h a n is by th is A c t author ised, a n d the Governor m a y the reupon m a k e special regula t ions for t h e safe keeping, removal , or carr iage of any explosive substances so exempted .

5 5 . N o t h i n g in th is Act shall r ende r liable to any pena l ty or

forfei ture t he Ordnance Storekeeper , owner, or mas te r of a n y vessel or boa t or dealer, or t h e person h a v i n g charge of a n y explosive or explosive subs tance for a n y ac t done in b reach of th i s A c t if he proves t h a t by reason of stress of weather , inevi table accident , or other emergency t h e doing of such ac t was u n d e r t he c i rcumstances impera t ive .

•

P A R T X I .

Legal proceedings.

5 6 .     ( 1 ) W h e r e any offence u n d e r th is A c t for which t h e owner

of a n y explosive or explosive subs tance , occupier , owner, or licensee of a n y magaz ine , store, or registered premises, or a n y carr ier by l and or

wa te r is l iable to a pena l ty or forfeiture, has , i n fact,	been	commi t t ed
by some o ther person, t h e l a t t e r shal l be liable to	a pena l ty	n o t
exceeding fifty pounds .

(2) W h e r e any such owner or licensee, or occupier, or carr ier is charged w i t h an offence wh ich has in fact been commi t t ed by some other person, t h e n such owner , licensee, occupier, or carrier , as t h e case m a y be, shall be e x e m p t f rom any pena l ty or forfei ture upon prov ing t h a t he had suppl ied proper means and issued proper orders for t h e observance and used due di l igence to enforce t he observance of th i s Act , and t h a t t h e offence in quest ion was ac tua l ly

commi t t ed by some o the r person w i t h o u t his connivance, a n d (if t h e ac tua l offender be alive) t h a t he has t a k e n all pract icable means in his power to prosecute such offender to convict ion.

5 7 . ( 1 ) For a n y breach of th i s A c t where no pena l ty is

specifically provided for, t he person offending shal l be liable to a

pena l ty n o t exceeding t en pounds .

(2) O u t of a n y pena l ty or forfeiture imposed u n d e r the

a u t h o r i t y of th i s Ac t , t h e convic t ing just ices shall award a moie ty of t he pena l ty to t h e person on whose informat ion the prosecut ion in

t h e case was in s t i t u t ed :

Prov ided never the less t h a t t h e Governor m a y remi t such

moie ty of e i ther t h e pena l ty or t h e forfeiture so a w a r d e d :

Provided

Provided always t h a t t h e full a m o u n t of such pena l ty , or of

t h e proceeds of such forfei ture, as t h e case m a y be, shal l a lways be paid in t h e first ins tance to the Colonial Treasurer to t he credit of t he Consolidated Revenue Fund of the Sta te .

5 8 .    A l l compla in ts or o ther legal proceedings m a y be laid and

t aken by t h e Ordnance Storekeeper or other officer appoin ted by the Governor in t h a t behalf agains t any person for non-compl iance wi th , or any breach of this A c t or any regula t ion the reunder .

5 9 . (1) A n y jus t ice may , on reasonable cause assigned upon

oa th by any person, issue a w a r r a n t unde r his hand, addressed to any constable, au thor i s ing him. to search in t he day t ime a n y house, warehouse , store, shop, cellar, yard, wharf, or other bui ld ing, or place, or a n y van, boat or vessel in which any explosive is suspected to be kep t or carried cont ra ry to the provisions of th is Act , a n d a n y explosive found to be so kep t or carried, and also t he packages or o ther receptacles conta in ing the same shal l be immedia te ly seized by such constable who shall fo r thwi th report such seizure to t h e Ordnance Storekeeper if wi th in reach, and if n o t pract icable to c o m m u n i c a t e w i t h h im, t h e n such constable shall report such seizure to his superior officer.

(2) If such constable is au thor ised by the Ordnance Store­ keeper or by any superior police officer (as t h e case m a y be) to remove the said explosive, he shall t he reupon be empowered to remove wi th all due p recau t ion such explosive and t h e packages or other receptacles in which it may be contained to some place of safety, a n d in case of any such explosive so seized be ing in any van, or boat, or vessel, such constable may use for the purpose of removal d u r i n g the t ime necessary after such seizure, such van , boat , or vessel, w i t h t he oars, sails, t ack l ing , horses, oxen, and harness , yokes, and chains, be long ing to e i ther of t h e m respectively, and may deta in t he same toge ther wi th such explosive and the packages or o ther receptacles

in which shall be forfeited, and such constable shall no t be liable to a n y sui t for i t m a y be contained un t i l it is adjudged w h e t h e r t h e same	such de ten t ion or for a n y loss or damage which may h a p p e n to t h e said
explosive or packages o ther t h a n for his own wilful n e g l e c t :
Provided a lways t ha t if such removal is a t t ended wi th any r isk, a n d t h e said constable is duly author ised as last aforesaid in t h a t behalf, t he said explosive a n d packages m a y be for thwi th dest royed.

S C H E D U L E S ,

S C H E D U L E S

FIRST S C H E D U L E .

No. of Act. Title of Act. Extent of repeal.

40 Vic . N o . 1 ... G u n p o w d e r and Explosive Consolidat ion A c t of The whole.

1870.

48 Vic. N o . 19 ... G u n p o w d e r and Explosives R a t e s Act of 1884. . . The whole.

S E C O N D S C H E D U L E .

Magazine .

19      .

T H I S is to certify t h a t ha deposited in t h e above magazine t h e explosive here in below described, on which the following charges for l ighterage and s to rage will be payab l e—

£ s. d.

L igh te rage from t h e ship . . .

S torage from date , a t per week .. .

Desc r ip t ion	of	packages—
Bar r e l s marked and n u m b e r e d con ta in ing (loose powder
Boxes marked and n u m b e r e d or dynamite & c ) , as

t he case may be.

Storekeeper .

T H I R D S C H E D U L E

Cities and Towns.

Newcas t l e .

W i l l y a m a ( B r o k e n H i l l ) .

F O U R T H S C H E D U L E .

Fees for Licenses.

£ s. d.

F o r	every	license	gran ted	for	a	magazine	. . .	. . .	. . .	. . .	. . .	2	0	0
For	every	special	l icense	. . .	. . .	. . .	. . .	. . .	. . .	. . .	. . .	1	0	0

For every ord inary l icense . . . . . . . . . . . . . . . . . . . . . 0 10 0

For	every	cert if icate	for	regis tered	premises	. . .	. . .	. . .	0	5	0
Act