Chapter 10:08

Explosives Act

Acts 9/1961, 38/1962, 55/1967, 41/1978 (s. 32), 11/1991 (s. 22), 20/1994 (s. 13), 22/2001 (s. 4); R.G.N.s 801/1963, 214/1964, 97/1969.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

PURCHASE, POSSESSION AND DELIVERY OF EXPLOSIVES

3. Prohibition of purchase of explosives without an explosives permit.
4. Exemption of employee from holding explosives permit.
5. Restriction on delivery of explosives.

PART III

MANUFACTURE OFEXPLOSIVES 6. Manufacturers to be licensed.

PART IV

STORAGE OF EXPLOSIVES

7. Prohibition of storage of explosives except in licensed premises.
8. Application for storage licence to be accompanied by certain information.

PART V

USE OF EXPLOSIVES 9. Use of explosives prohibited except under licence.

PART VI

CONVEYANCE OF EXPLOSIVES

10. No explosives to be carried in public service vehicle.
11. Explosives to be conveyed in accordance with regulations. PART VII

MISCELLANEOUS

12. Chief Inspector of Explosives, inspectors and sub-inspectors.
13. Powers of inspectors, sub-inspectors and certain police officers.
14. Penalty for obstructing inspector, sub-inspector or police officer.
15. Revocation of permits and licences.
16. Appeal against refusal to grant permit or licence or revocation thereof.
17. Penalties for endangering safety or causing loss of life.
18. Burden of proof that accused is holder of permit or licence.
19. [Repealed.]
20. Powers of inspectors as to breaches of regulations.
21. Forfeiture of explosives.
22. Safeguarding explosives in possession of any person.
23. Powers to cumulative.
25. Certain State employees bound by section 9.
26. Railways may make by-laws in regard to conveyance of explosives.

AN ACT to make further and different provision for regulating and controlling the possession, purchase, acquisition, delivery, manufacture, storage, use, conveyance and handling of explosives; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 12th May, 1961.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Explosives Act [Chapter 10:08].

                       2    Interpretation

In this Act—

“explosives” means gunpowder, nitro-glycerine, dynamite and other nitro-glycerine admixtures, gun-cotton, blasting powder, detonators, fuse and every other substance used to produce a practical effect by explosion, and any other substance or device declared by the President, by statutory instrument, to be an explosive for the purposes of this Act, but does not include any ammunition a licence to possess or deal in which is regulated by any other enactment, or fireworks manufactured for purposes of amusement;

“inspector” means the Chief Inspector of Explosives or an inspector of explosives referred to in section twelve;

“Minister” means the Minister of Mines or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Railways” means the National Railways of Zimbabwe referred to in section 3 of the Railways Act [Chapter 13:09];

“sub-inspector” means a sub-inspector of explosives referred to in section twelve.

PART II

PURCHASE, POSSESSION AND DELIVERY OF EXPLOSIVES

                       3     Prohibition of purchase of explosives without an explosives permit

• Subject to this Act, no person shall purchase, acquire or have in his possession any explosive unless he holds an explosives permit in respect thereof granted under the regulations and in force at the time.
• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001.]

                       4    Exemption of employee from holding explosives permit

(1) A person employed by the holder of an explosives permit may have in his possession any explosives to which the explosives permit of his employer relates if—

• he has such explosives in the course of his employment; and
• he has in his possession written authority from the holder to have such explosives in his possession:

Provided that—

• where a group of employees is handling the explosives, only the person in over-all charge of that group shall be required to have the written authority;
• if such employee is employed on a mining location, the written authority may be retained in the mine office.

(2) A person carrying on the business of a carrier or an employee of such a person may, without holding an explosives permit, have in his possession any explosive in the ordinary course of that business.

                       5    Restriction on delivery of explosives

• No person shall deliver any explosive to any other person unless such other person produces an explosives permit authorizing him to have such explosive in his possession or shows that he is, by virtue of the Act, entitled to have explosives in his possession without holding an explosives permit:

Provided that this section shall not be construed so as to prevent the delivery of explosives by a carrier or an employee of a carrier in the ordinary course of his business or employment as such.

• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001.]

PART III

MANUFACTURE OFEXPLOSIVES

                       6    Manufacturers to be licensed

• No person shall manufacture any explosive unless he is the holder of a licence granted under the regulations and he complies with the terms and conditions of such licence.
• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001.]

PART IV

STORAGE OF EXPLOSIVES

                       7     Prohibition of storage of explosives except in licensed premises

(1) No person shall keep or store explosives in or on any premises unless—

• he is a holder of a licence granted under the regulations authorizing the keeping or storing of such explosives in or on such premises; and
• he complies with the terms and conditions of such licence and with the provisions of the regulations.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001.]

8 Application for storage licence to be accompanied by certain information An application for a licence to keep or store an explosive shall be accompanied by—

• a plan of the premises in or on which the explosive is to be kept or stored and of the land on which such premises are situated, showing all buildings thereon, the land adjacent thereto and the buildings thereon, the uses to which such land and buildings are being put and the exact distances between the buildings marked on the plan; and
• a description of the situation, character and construction of all buildings and works connected with the premises and the maximum amount of explosives to be kept or stored in each building; and (c) any other information which the Minister may require.