Revised Laws of Saint Lucia (2021)

Explosives Order – Section 10

(Statutory Instrument 35/1973)

Statutory Instrument 35/1973 .. in force 1 November 1973

ARRANGEMENT OF PROVISIONS

PART 1
PROVISIONS GOVERNING THE IMPORTATION ETC. OF ALL EXPLOSIVES

PART 2
SPECIAL PROVISIONS IN RELATION TO THE IMPORTATION OF DYNAMITE

PART 3
PROVISIONS IN RESPECT OF RECORDS, LICENSING ETC.

EXPLOSIVES ORDER – SECTION 10

Commencement [1 November 1973]

1.   Citation

This Order may be cited as the Explosives Order.

2.   Interpretation

In this Order—

“Commissioner of Police” means the Commissioner of Police appointed under section 7 of the Police Act;

“explosive” has the meaning ascribed to it under section 9 of the Explosive Act;

“explosive store” means the building and its curtilage at which explosives are stored;

“Government Magazine” means the building set apart or any other building so set apart by the Commissioner of Police for the purpose of the storage of explosives under this Order;

“importer” means a person to whom a licence under this Order has been granted to import explosives;

“State” means the State of Saint Lucia.

PART 1
PROVISIONS GOVERNING THE IMPORTATION ETC. OF ALL EXPLOSIVES

3.   Importation of Explosives

1.  

   (1)   A person other than an importer shall not import into the State any explosive unless he or she first obtains a licence on that behalf from the Commissioner of Police according to Form “A” in the Schedule; the Commissioner of Police may in his or her discretion refuse the same or grant the same subject to such terms and conditions as he or she thinks fit.

1.  

   (2)   An importer must on making application for a permit to import explosives satisfy the Comptroller that he or she is the holder of a licence under this Order.

4.   Crating and marking of Containers

Explosives shall not be imported into the State unless the containers containing same are in the opinion of the Comptroller securely crated and the word “Explosives” is legibly marked on the container and the shipment is accompanied by a certificate declaring the origin of and date of manufacture of the same.

5.   Leakage of Explosives forbidden

Nitro-glycerine or any other explosive substance shall not be allowed to leak or escape into any inlet or drain communicating with a sewer in any part of the State.

6.   Diligence and Precaution to be exercised

Where any explosive is being conveyed from any place outside any building to an explosive store or from any part of any building to another part of such building it shall be conveyed with all due diligence and with such precautions and in such manner as will sufficiently guard against accident by fire or explosion.

7.   Hours for conveying, receipt, delivery or removal of Explosives

Explosives shall only be landed, and conveyed to the Government Magazine and delivered or removed therefrom between the hours of 9:00 a.m. and 4:00 p.m. except where on account of the early or later arrival of the vessel in which such explosives are being imported the Commissioner of Police grants permission to land and convey such explosives outside those hours.

8.   Explosives to be stored in Government Magazine

All explosives shall on importation be conveyed at the expense of the importer to the Government Magazine under the supervision of the Police and stored thereat under such supervision.

9.   Explosives to be stored according to combustibility

Every precaution shall be taken to store the different kinds of explosives according to their combustibility and in this respect where one explosive is more combustible than another the Commissioner of Police shall cause the keeper and his or her assistants to store and maintain the storage of such explosive in a separate compartment of the Magazine.

10.   Restriction on persons entering and remaining in Magazine

Only the keeper and his or her assistants are allowed within the Magazine and no other persons are allowed to enter or remain in the Government Magazine.

11.   Restrictions against the keeping and consumption of intoxicating liquor, etc.

1.  

   (1)   The keeper and his or her assistants shall not keep any intoxicating liquor in any part of the magazine and any of them shall not consume intoxicating liquor whilst on duty at the Magazine.

1.  

   (2)   A person who is intoxicated shall not be permitted to enter or remain where an explosive store is being kept.

12.   Persons under 16 years not to be employed

A person under the age of 16 years shall not be employed in or enter any building containing explosives except in the presence and under the supervision of some competent older person.

13.   Smoking

1.  

   (1)   A person shall not smoke or have any naked flame within a distance of 60 feet of an explosive store.

1.  

   (2)   A person shall not have on or about his or her person any matches or implements for producing flame or fire or any materials for smoking within 60 feet of an explosive store.

1.  

   (3)   The keeper of the Government Magazine and every licensed person in respect of the premises for which a license is being held post or cause to be posted either in the Magazine or the licensed premises as the case may be and at convenient places from the curtilage thereof and at a distance not greater than 60 feet notices to the effect that smoking is prohibited therein or within 60 feet of such building as the case may be.

14.   Unauthorised persons not allowed

All due precautions shall be taken if the keeper of the Magazine and his or her assistants and by every licensed person and the persons employed in or about the premises in respect of an explosive store is being kept—

1.  

   (a)     to prevent fire or explosions in the Magazine or premises in respect of which an explosive store is being kept;

1.  

   (b)     to prevent unauthorised persons from having access to the Magazine or premises in respect of which an explosive store is being kept and to explosives stored in the Magazine or in such premises.

15.   Escape to be provided

Sufficient and ready means of escape in case of accidents shall be provided for every person employed in every part of any building in which an explosive store is kept and the door of the Magazine or of any compartment wherein explosives are stored and wherein work is being carried on shall be constructed to open outwards and shall be kept unlocked at all times so long as work is in progress.

16.   Delivery from Magazine at discretion of Commissioner of Police

The amount of any explosive to be delivered to an importer from the Magazine shall be in the sole discretion of the Commissioner of Police and he or she may deliver no greater quantity than that which in all the circumstances as they appear to him or her to be required for the importers immediate use, and in any event for not more than will satisfy his or her requirements for 72 hours.

17.   Rent

1.  

   (1)   Every importer shall pay to the keeper of the Magazine or his or her assistants rent at the rate of $0.40 per cubic foot per week or part thereof during which any explosives belonging to him or her shall remain in the Government Magazine.

1.  

   (2)   When rent in respect of explosives is in arrears and unpaid for a period of 12 weeks the keeper or his or her assistants may refuse to deliver any explosive to the importer or his or her agent until such rent is paid by or on behalf of the importer.

18.   Sale for non-payment of Rent

1.  

   (1)   The keeper shall after 12 weeks have elapsed as soon as possible thereafter notify the Commissioner of Police who shall as soon as he or she has been notified cause a written notice to be served personally on the importer his or her secretary, accountant, agent, attorney or such other person ostensibly exercising management in the importers business or concern at the importers usual place of business and after 7 days of the serving of such notice the Commissioner of Police shall cause to be sold in such manner as he or she thinks fit and subject to the next succeeding subparagraph such explosive to any other importer and out of the proceeds of such sale there shall first be paid the charges and expenses (if any) and thereafter all rent due in respect of the explosives and thereafter any surplus should be paid to the importer.

1.  

   (2)   Such a sale in this preceding subparagraph when concluded shall be governed by all of the preceding provisions where they are so applicable as if such sale were itself a first importation.

PART 2
SPECIAL PROVISIONS IN RELATION TO THE IMPORTATION OF DYNAMITE

19.   Marking of Dynamite

Apart from the provisions of paragraph 4 of this Order every container containing dynamite shall be legibly marked with the word “Dynamite” placed in a position above the word “Explosives”.

20.   Removal of Dynamite

1.  

   (1)   Any person removing dynamite shall take all necessary precautions to protect the same from exploding by or in any other manner and shall give notice to the public by means of a red flag attached to the vehicle that dynamite is being conveyed in it.

1.  

   (2)   Any vehicle in which dynamite is conveyed to or from the Magazine shall contain only the dynamite and shall be closed or otherwise properly covered over.

21.   Storage of Dynamite in Magazine

1.  

   (1)   The keeper of the Magazine and his or her assistants shall store all dynamite in a separate compartment in the Magazine and shall ensure at all times that no other explosive is stored in the same compartment.

1.  

   (2)   The keeper of the Magazine and his or her assistants shall not permit or allow any detonators, fuses, charcoal whether ground or otherwise, and oiled cotton, oiled rags and oiled waste and any matter which is liable to spontaneous ignition to be taken into the Magazine.

22.   Repairs

All repairs to the Magazine or any part thereof shall be executed only in accordance with the directions of the Commissioner of Police.

23.   Length of time Dynamite should remain in Magazine

Subject to the provisions of this paragraph no dynamite shall be permitted to remain in the Magazine for a longer period than 2 years.

However, where—

1.  

   (a)     sales of dynamite as provided for in Part 1 of this Order have not been successful; or

1.  

   (b)     dynamite has in the opinion of the Commissioner of Police begun to deteriorate before such period of 2 years has elapsed it is lawful for the Commissioner of Police to cause the same to be destroyed and the rent due on the same at the time of destruction, the expenses attendant thereon is recoverable as a debt from the importer.

24.   Construction of this Part

The provisions of this Part shall not be construed as in derogation from or modifying the provisions contained in Part 1 of this Order but shall be so construed as complementary to such part.

PART 3
PROVISIONS IN RESPECT OF RECORDS, LICENSING ETC.

25.   Explosives Receipt Book

The keeper of the Magazine and every importer shall keep at the Magazine and on his or her Licensed premises as the case may be any Explosives Receipt Book, and the keeper of the Magazine and every importer shall immediately after receipt of any explosive make or cause to be made entry therein in respect of any explosive, the date of such receipt, the nature and quantity of each kind of explosives received, the name and address of the person or persons from whom received, and where he or she himself or herself has imported the explosive, the name of the ship and aircraft in which and the address of the person from whom such explosive was imported, and whether on purchase loan or otherwise.

26.   Explosives Delivery Book

The keeper of the Magazine and every importer shall keep at the Magazine and on his or her licensed premises as the case may be an Explosives Delivery Book, and the keeper of the Magazine and every importer shall immediately on the delivery of any explosive make or cause to be made therein in respect of any explosive the date of such delivery, and the nature and quantity of the explosive delivered, the date and number of the licence to purchase produced by such person, and whether a sale loan or otherwise.

27.   Monthly Stock Book

The keeper of the Magazine and every importer shall provide themselves with a Monthly Stock Book according to Form “D” in the Schedule to this Order; which book shall be balanced and squared off so as to show the amount of explosives on hand on the first of each month the date of and the quantity and description of explosives received during that month, the date of issue and the quantity and description of explosive issued during that month and in each case the name and address of the persons from or to whom any explosive was received or issued as the case may be.

28.   Sale of Explosive

A person shall not sell explosives unless he or she first obtains a licence from the Commissioner of Police according to Form “E” in the Schedule to this Order.

29.   Purchase of Explosive

A person shall not purchase explosives unless he or she first satisfies the Commissioner of Police that he or she has good reason for requiring such explosive and that he or she can use the same without danger to the public safety or peace and shall be in accordance with Form “F” of the Schedule to this Order.

30.   Blasting

A person shall not set off an explosive charge unless such person has obtained a licence from the Commissioner of Police to do so and the Commissioner of Police may refuse to issue such licence where he or she is of the opinion that the applicant is not a person competent to set off such charge without danger to the public safety and peace. Such a licence when issued shall be in accordance with Form “G” in the Schedule to this Order and the licence fee is $5.00 per year.

However, a fee is not payable in the case of Government blasters.

31.   Discretion or grant

Every license granted under this Order shall be at the sole discretion of the Commissioner of Police.

32.   Copy of Order to be displayed

A copy of this Order shall be displayed in a conspicuous place at every place where explosives are kept.