Explosives Act of 1906 (6 Edw VII No. 21) (Qld)

~054 EXPLOSIVES. Explosi1Jes Act. 6 EDW. VII. No. 21, CONTRACTORS'AND WORKMEN'S LIEN. See MASTERS AND SERYANTS. EASEMENTS (ANCIENT LIGHTS). See LIGHT. EXPLOSIVES. 6 E N d o w . . 2 V 1. II. An Act to make Better Provision for the Manufac- THE ture, Storage, and Examination of Explosives, EXPLOSIVES ACT 0]' 1906. and for other purposes incidental thereto. [AsSEN'l'ED TO 14TH DECEMBl<.:R, 1906.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- a cSo n hm d omrtetnitclee- 1906 1 ," . aTnhdissAhacltl mcoamy mbeenccieteadnadR ta"k T e he ef E fe x c p t lo o s n iv a e n s d .A f c r t o o m f ment of Act. the first day of March, one thousand nine hundred and seven. Definitions. 2. In this Act, if not inconsistent with the context- " Explosive" means every substance manufactured or used with a view to produce a practical effect by explosion or a pyrotechnic effect, and includes fuses and every adaptation or preparation of an explosive as above defined, and also any sub- stance which may be declared by the Governor in Council to be an explosive under this Act; "Inspector"-An inspector of explosives appointed under this Act; the term includes the chief inspector; "Manufacture" . includes the making, remaking, breaking up, sorting out, reconditioning, and any process of manufacture; the term does not, however, include the making of a quantity of explosive, not exceeding five pounds in weight, for the purpose of chemical experiment only and not for practical use or sale; " Minister" means the Secretary for Mines or other Minister of the Orown for the time being charged with the administration of this Act;

EXPLOSIV ES. 1906. Ex!,losivfs' A cf. "Prescribed" means prescribed by this Act; "This Act" includes regulations made under the . authority of this Act. 3. (1.) The Governor in Council may from time to time Inspection. appoint a chief inspector of explosiveA and such inspectors of explosives as are necessary for the execution of this Act. (2.) All explosives upon being imported or introduced into Queensland shall be inspected by an inspector, and may be inspected from time to time thereafter as often as appears to be necessary. For such purpose an inspector shall be entitled to enter, with or without assistants, any magazine, warehouse, store, building, or place where any explosive is kept, or where he has reasonable cause to believe that any explosive is kept. (3.) Any inspector who is guilty .of a breach of any .Default of duty imposed upon him by this Act,or otherwise miscon- Inspector. ducts himself in the executioI). of his office, shall be liable to a penalty not exeeedingone hundred pounds, and shall in addition vacate his office. 1 4. The Minister may from time to time appoint ,any PUblic..;:' place, building, or hulk which he thinks suitable .to i ,be magazmes;f'. used as a public magazine fOl' the keeping of explosives.; 5. (1.) No factory for making any explosive and All pr~ vate no. magazine for keeping any explosive, other than a : ~~ ~ z: ees magazine duly approved in pursuance of some other Act, licensed. shall be established or maintained except at the place and in the manner specified in a license granted by the Minister in the prescribed form and upon the prescriryd terms and conditions. (2.) A factory or magazine in existence at the com- ~ xisti~ g .. mencement of this Act may be licensed under t~ is Act. factorieS, etc; This Act shall not apply to any such factory or magazine until the expiration of three months from the commence- ment of this Act, after which date this Act shall apply to all such factories and magazines. (3.) The applicant fora license shall furnish the Minister with the prescribed plans, drawings, and par- ticulars. 6. (1.) The manufacture of. explosives shall not be Wher~ carried on except at a factory licensed under this Act. emxpalyObSeiVmesade (2.) Explosives shall not he kept at any place except and kept. as follows : - (i.) In a place subject to the control of the"Customs; (ii.) In a factory licensed under this Act;

EXPLOSIVES. ~ xplosiv68 ~ ct. 6 EDW. VII. No. 21, (iii.) In a magazine for explosives licensed or appointed under this Act; (iv.) In a place duly approved in pursuance of !Some other Act. . (3.) If any person manufactures or keeps any explosive at any place except such as is hereinbefore mentioned, all 'or any pal't of the explosive so manufactured or kept, or of the ingredients, may be forfeited, and the person having the apparent control and also the owner of such place shall be liable to a pellalty not exceeding five shillings for every pound of explosive or ingredient so manufactured or kept. (4.) This section shall not apply to keeping explosives- (a) 13y a carrier or other person for the purpose of conveyance, when the same is being conveyed or kept in accordance with this Act or any other law in force ; (b) For private use and not for sale to an amount not exceeding ten pounds on the same premises. De~ truction 7. The Minister may authorise the destruction or e o x f pl d wi a il n '_ ~ reconditioning or other disposal of any explosive which he considers dangerous to the public safety, and may for that purpose authorise the seizure of such explosive. Such explosive shall, in the manner prescribed,be accordingly dealt with by or at the expense of the owner, who shall in respect of such explosive have no claim against the Government for compensation. Regulations. 8. The Governor in Oouncil may from time to time make regulations for all or any of the following pur- poses : - Importation. (i.) Regulating the importation of explosives; Classified list. (ii.) Defining the composition, quality, character, and condition of explosives which may lawfully be imported, kept, or used; Prohibited explosives. (iii.) Prohibiting or restricting the importation, manufacture, storage, transport, or sale of explosives which in his opinion are too dangerous for use; Lioenses. (iv.) Providing for the issue and transfer of licenses issued under this Act; prescribing conditions upon which licenses may be granted, suspended, Factories and magazines. or revoked; prescribing license fees; (v.) Regulating the manufacture of explosives and the use of factories, magazines, stores, and buildings occupied or used under any license;

1906. EXPLOSIVES. Explosives Act. 9057 (vi.) Prescribing rules for the conduct of workmen General rules and others employed in factories or magazines, for safety. an.d for securing the safety of the public; (vii.) Providing for the inspection and examination Inspection. of all buildings and places licensed under this Act or where any explosive is kept or manu- factured; providing for the inspection and testing of explosives and prescribing fees for so doing; Public and ::;:zines. (viii.) Regulating the management and use of maga- zines licensed or appointed under this Act, and all other places whatsoever where explosives are kept, and the terms and conditions on which explosives may be kept therein and. removed therefrom; prescribing the fees or rents to be charged for keeping explosives in public magazines, and the rents to be charged for magazines erected on land the property of His Majesty; prohibiting trespass on factories, magazines, and· magazine areas and premises; Da. nge~ u8 ( I . X. ) R egu 1 a t' mg themanner m. w h I ' C h ex I p O ' Slves exploslves. which are dangerous to the public safety shall be dealt with; Carriage. (x.) Regulating the carriage of explosives; Sale. (xi.) Regulating the sale of explosives; Packing and (xii.) Regulating- the manner of packing explosives, packages. and of marking packages containing explosives, and regulating the wejghts to be contained in such packages; .Accidents. (xiii.) Requiring notice to be given of accidents by explosion or fire at factories or magazines or during the carriage of explosives; making pro- vision for holding inquiries into such accidents; (xiv.) Imposing penalties for the breach of any regu- Penalty. lation not exceeding one hundred pounds for anyone offence ; (xv.) Such other purposes as he deems expedient in General. the interests of public safety. All such Regulations, upon publication in the Gazette, shall have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. Copies of all such Regulations shall be laid before Parliament forthwith if then sitting, and if not then sitting, within fourteen days after the commencement of the nf\xt ensuing session.

9058 EXPLOSIVES-FORESTS. State For"sts and National Parks Act. 6 E\lw. VII. No. 20, If either Rouse of Parliament, within forty days next after any Regulations have been so laid before such House, resolves that such Regulations or any of them ought to be annulled, the same shall, after the date of such resolu- tion, be of no effect without prejudice to the validity of anything done in the meantime under such Regulations. Exemptions. 9. The Governor in Council may from time to time, by the Regulations, exempt from the operation of this Act, either wholly or to such extent as he thinks advisable, safety fuses, safety cartridges,amorces, or any other explosive. . Forfeiture 10. In the event of any breach of this Act, by any fAocrt.breach of act or default, in any factory, magazine, or other place where explosives are manufactured or kept, then, in addition to any penalty, all or any part of the explosives (including any ingredients) in respect of which, or being in any building in respect of which, the offence was committed, may be forfeited. Penalties 11. All penalties and forfeitures imposed under this recoverable. Act shall be recoverable and adjudged in a summary way before any two justices of the peace. FORESTS. 6 Edw. VII. An Act to Provide for the Reservation, Management, T: : 'S~~ TE FORESTS AND NATIONAL a P n a d r k P s. rotection of State Forests andNational ACT PA O R F K 1 S 906. [ ASSENTED TO 14TH DECEMBER, 1906. ] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - ScohmomrtetniCtlAe · and . 1. This Act may be cited as " The State FO'J'e.<illf and ment of Act. National Parks Aat of 1906," and shall commence and take effect on and from the first day of January, one thousand nine hundred and seven. Reservation of 2. (1.) The Governor in Council may, from time to aSntadteNFaotiroenstasl t· Ime, b y P r.oc a I ma ' tion, permanenty lres' erve any C ro · w ' n Parks. lands and declare them to be a State Forest under this Act.