EXPLOSIVES

CHAPTER 14:09
EXPLOSIVES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Application

    4.    Appointment and duties of Inspectors

    5.    Prohibition on acquisition or possession of explosives without licence or permit

    6.    Type of licence and permit

    7.    When storage licence may be issued

    8.    When dealer’s licence may be issued

    9.    When permit to possess may be issued

    10.    When blasting licence may be issued

    11.    Exemption of employees

    12.    Exemption of carriers

    13.    Penalty for acquisition or possession of explosives without licence or permit

    14.    Burden of proof

    15.    Manufacture of explosives

    16.    Destruction of explosives

    17.    Precaution against and reporting loss of explosives

    18.    Search of persons, vehicles, vessels and premises

    19.    Penalty for obstructing Inspector

    20.    Revocation of permits and licences

    21.    Appeal against refusal to grant a permit or licence or revocation thereof

    22.    Penalties for endangering safety or causing loss of life

    23.    Power to make regulations

61 of 1966
25 of 1968
8 of 2002

    An Act to provide for the regulation and control of the acquisi­tion, manufacture, sale and use of explosives and for matters incidental thereto and connected therewith

1.    Citation

    This Act may be cited as the Explosives Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “acquire” includes hire, purchase and accept as an inheritance, gift, loan or on approval;

    “Chief Inspector” means Chief Inspector of Eplosives appointed under this Act;

    “explosive” means—

    (a)    nitro-glycerine, dynamite, gun-cotton, blasting powder, gunpowder, and any other substance or mixture capable of being used for the purpose of producing an explosion;

    (b)    any detonating fuse, igniter cord, safety fuse, fuse igniter, detonator or percussion cap and every adaptation or preparation of any explosive;

    (c)    any other substance which the Minister may from time to time, by notice published in the Gazette, declare to be an explosive;

    “Inspector” means the Chief Inspector of Explosives and an Inspector of Explosives appointed under this Act;

    “manufacture” includes to make and divide any explosive from or into its component parts by any process, to convert an explosive into an explosive of another kind, and to alter or fit for use any explosive.

3.    Application

    Nothing in this Act shall apply to—

    (a)    the import, storage, acquisition or use of any explosive by the armed forces of Malawi, the Police or any other armed force constituted by or under any written law;

    (b)    any ammunition for which a licence to possess or deal is held under the Firearms Act;

    (c)    the possession or conveyance of any explosive by an Inspector or any other duly authorized person, for the purposes of this Act or any regulations made thereunder, provided that the quantity is not more than is reasonably necessary for the purpose required, and that it is kept and conveyed with all due precaution;

    (d)    any explosive or class of explosives which the Minister may, by notice published in the Gazette, exempt for such special purpose or purposes and in accordance with such conditions as shall be specified in such notice.

4.    Appointment and duties of Inspectors

    (1) There may be appointed a Chief Inspector of Explosives and as many public officers to be Inspectors of Explosives as is deemed necessary.

    (2) It shall be the duty of the Chief Inspector of Explosives and Inspectors of Explosives to control the purchase, sale, dealing in, storage, use and disposal of explosives so as to minimize the danger of accidental explosion and damage to the public or to persons handling, storing or using explosives.

    (3) Every Inspector of Explosives shall, in the excercise of his powers and performance of his duties under this Act, be subject to any general or special directions of the Chief Inspector of Explosives.

    (4) The Chief Inspector of Explosives and every Inspector of Explosives shall in the exercise of every power and duty conferred upon them under any provision of this Act be at all times subject to the general or special directions of the Minister.

5.    Prohibition on acquisition or possession of explosives without licence or permit

    Except as may otherwise be provided under this Act, no person shall acquire or have in his possession or use any explosive unless he holds a valid licence or permit in respect thereof issued under this Act by the Chief Inspector, or by an Inspector authorized by him in writing in that behalf.

6.    Type of licence and permit

    (1) The Chief Inspector or an Inspector authorized by him in writing in that behalf may, in relation to explosives issue—

    (a)    a storage licence;

    (b)    a dealer’s licence;

    (c)    a permit to…