CHAPTER 115
EXPLOSIVES ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Appointments

   5.   Powers of Inspectors of Explosives, Mines and Machinery

   6.   Appeal against suspension, refusal or cancellation

   7.   Importation and exportation of explosives

   8.   Manufacture of explosives

   9.   Special rules for explosives factories

   10.   Powers of search in explosives factories

   11.   Powers of search for explosives unlawfully possessed

   12.   Authorisation of and entry to and search of premises where explosives are stored or used

   13.   Precautions against loss of explosives

   14.   No taking away of explosives without permission

   15.   Unlawful secretion of explosives

   16.   Possession or conveyance of explosives

   17.   Destruction of explosives

   18.   Regulations

   19.   Obstructing Inspectors

   20.   Factories Act not to apply to an explosives factory

   21.   Repeal of Cap. 102

AN ACT

to make provision for regulating control over the manufacture, use, possession, storage, importation, exportation, transportation and destruction of explosives; and to provide for matters incidental thereto or connected therewith.

[7th May, 1974]

Act 10 of 1974,

Act 13 of 1994,

Act 14 of 1995.

1.   Short title

This Act may be cited as the Explosives Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Deputy Chief Inspector” means the Deputy Chief Inspector of Explosives appointed under sub-section (2) of section 4;

“authorised explosive” means any such explosive as the Minister may, by statutory instrument, specify from time to time;

“authorised official” means any person not below the rank of superintendent authorised in writing by name or office by the Chief Inspector to impose a summary fine as may be prescribed in any regulations made under this Act;

“authorising officer” means a police officer appointed under sub-section (2) of section 12;

“Chief Inspector” means the Chief Inspector of Explosives appointed under sub-section (1) of section 4;

“explosives” means—

      (a)   gunpowder, nitro-glycerine, dynamite, gelignite, gun-cotton, blasting-powder, explosives, fulminate of mercury or of any other metal, and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to producing a practical effect by blasting or explosion;

      (b)   any detonating, igniter or safety fuse, electric or non-electric, detonator, percussion cap, fuse igniter, and every adaptation or preparation of any explosive herein defined;

      (c)   any other substance which the Minister may from time to time, by statutory instrument, declare to be an explosive;

but shall not include any ammunition, firework or rocket for which a license to import, possess or deal in is required by any other law;

“explosives factory” means any place licensed under this Act for manufacturing explosives for sale, and includes a mound, building and magazine, and the work carried on therein or thereon for whatsoever purpose;

“holder” means any person appointed by the owner to obtain authority to possess, manufacture, store, transport, deal in, import or export explosives;

“Inspector of Explosives” means an Inspector of Explosives appointed under sub-section (3) of section 4, and shall include the Chief Inspector of Explosives, the Deputy Chief Inspector of Explosives and a Senior Inspector of Explosives;

“Inspector of Mines” means an Inspector of Mines appointed under sub-section (3) of section 4 and shall include the Chief Inspector of Mines, the Deputy Chief Inspector of Mines and a Senior Inspector of Mines;

“Inspector of Machinery” means an Inspector of Machinery appointed under sub-section (3) of section 4, and shall include the Chief Inspector of Explosives, the Deputy Chief Inspector of Explosives and a Senior Inspector of Machinery;

“manager” means the person appointed to be or purporting to act as the manager or any person in charge of any mine, explosives factory or works;

“manufacture” includes the making and division of any explosive from or into its component parts by any process, the conversion of an explosive into an explosive of another kind, and the alteration, fitting for use or repair of any explosive;

“mine” has the meaning assigned to the word “mine” when used as a noun in the Mines and Minerals Act;

“owner” includes the occupier of any premises where explosives are manufactured, used, stored or handled; and where such occupier is a body corporate, the accredited representative of such body;

“premises” includes land, road, rail, harbour, river, lake, rail truck, canal, building, structure, ship, boat or any other means of conveyance or transport;

“works” means any place other than a mine or explosives factory where explosives are manufactured, used, stored, transported or handled.

[S 2 am by Act 14 of 1995.]

3.   Application

Nothing in this Act shall apply to—

      (a)   the manufacture, storage, use, possession, transportation, importation and exportation of explosives by the Zambia Defence Force, the Zambia Police Force and the Zambia Prison Service or any other person authorised under any written law;

      (b)   any ammunition for which a license is required in accordance with the provisions of the Firearms Act;

      (c)   any fireworks for which any license is or may be required under any written law.

4.   Appointments

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