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Pretoria, 18 April 2007 2 No Pretoria, 18 April 2007 2 No. 29790 GOVERNMENT GAZETTE. 18 APRIL 2007 CONTENTS Page Gazette No. No. No. GENERAL NOnCE Safety and Security, Department of General Notice 433 Explosives Act (15/2003): Draft Explosives Regulations, 2007 .. 3 29790 STAATSKOERANT, 18 APRIL 2007 NO.29790 3 GENERAL NOTICE NOTICE 433 OF 2007 DRAFT EXPLOSIVE REGULATIONS 2007 The Minister for Safety and Security intends to put the Explosives Act, 2003, (Act No. 15 of 2003) in operation once the Explosive Regulations has been finalised. Draft Regulations are hereby published for general information and comment from interested parties. IMPORTANT NOTE: This is merely a working document which is used to obtain the input of interest groups. The finalisation of the draft Regulations, will ultimately be done after the consultation process has been concluded. NO PART OF THE CONTENT OF THIS DOCUMENT OR ANY ALTERATION THEREOF MAY BE CONSIDERED AS A COMMITMENT TO THE FINAL PROVISIONS OF THE REGULATIONS Kindly note that as this is a working document certain technical correction with regard to the numbering, spacing and general layout still need to be done. Any comments, contributions or proposals on the Regulations may be submitted within 6 weeks from the date of publication of this Notice in writing to the following; e-mail address:[email protected] fax number: (012) 393 7126 Postal address: Dir. K Strydom Legal Service SAPS Private Bag X302 PRETORIA 0001 4 No. 29790 GOVERNMENT GAZETTE, 18 APRIL 2007 DRAFT EXPLOSIVES REGULATIONS Issued in terms of section 33(1) of the Explosives Act, 2003 (Act No 15 of 2003) 2007-02-28 STAATSKOERANT, 18 APRIL 2007 No.29790 5 DEPARTMENT OF SAFETY AND SECURITY Explosives Act, 2003 (Act No. 15 of 2003) Regulations The Minister for Safety and Security has, under section 33 of the Explosives Act, 2003 (Act No. 15 of 2003), read with the provisions of section 14 of the Interpretation Act, 1957 (Act No. 33 of 1957), made the Regulations in the Schedule. SCHEDULE REGULATIONS 1. Definitions CHAPTER 1 Introductory provisions 2. Authorisation and classification of explosives Registration of users, manufacturers, importers, exporters, dealers, transporters and brokers 3. Registration of natural persons 4. Additional information for juristic persons 5. Change of information 6. Granting, issuing, expiry, cancellation, suspension and amendment of licences and permits 7. Record keeping and statistics Destruction, disposal and decontamination 8. Powers of inspectors to enter premises 9. Disposal and destruction 10. Decontamination Penalties 11 . Penalties 6 No. 29790 GOVERNMENT GAZETTE, 18 APRIL 2007 CHAPTER 2 Manufacturing of explosives 12. Manufacturing at a blasting site 13. Application for permission to manufacture 14. Use of licensed equipment 15. Preparation for immediate use CHAPTER 3 Smokeless powder and black powder Acquisition, transport, storage and use of smokeless powder 16. Dealers in smokeless powder 17. Users of smokeless powder Acquisition, transport, storage and use of black powder 18. Dealers in black powder 19. Users of black powder CHAPTER 4 Packing, marking and labelling of explosives 20. Packing of explosives 21. Marking of packages CHAPTER 5 Import and export of explosives 22. General 23. Application for import permit 24. Application for export permit 25. Import and export control CHAPTER 6 Harbour and airport regulations 26. Harbour regulations 27. Airport regulations STAATSKOERANT, 18 APRIL 2007 NO.29790 7 CHAPTER 7 Transport of explosives 28. General transport 29. Application for transport permits 30. Responsibilities of consignors, drivers and owners 31. RaiIway transport 32. Transport by road CHAPTERS Licensing and construction of explosives magazines 33. General 34. Application for permission to construct explosives magazine 35. Storage Compatibility Groups CHAPTER 9 Storage of explosives 36. Appointment of magazine masters 37. Responsibilities of the licensee of an explosives magazine. 38. Mandatory documents, tools and equipment 39. Stock control 40. General safety and security 41. Termination, contamination and abandonment 42. Delivery of explosives at mines CHAPTER 10 Storage and sale of explosives by licensed dealers 43. Application for a licence to sell or deal and record keeping. 44. Storage of explosives 45. Supply of explosives CHAPTER 11 Use of blasting explosives 46. Registration of learner blasters 47. Registration of blasters 48. Issuing of blasting permits 49. Specialised blasting 50. Responsibilities of the chief executive of a blasting business 51. Blasting managers 52. Foreman blasters 8 No. 29790 GOVERNMENT GAZETTE, 1B APRIL 2007 53. Blasting advisers 54. Blasting records and contingency plans 55. Handling and storage of explosives at blasting sites before charging 56. Drilling and charging of holes 57. Use of electric or electronic initiation 58. Precautions before firing charges 59. Responsibilities of blasters after firing charges 60. Handling of misfires 61. General safety and security at blasting sites 62. Responsibilities of inspectors and blasting managers to ensure safety 63. Special provisions CHAPTER 12 Accidents and incidents 64. Accidents and incidents CHAPTER 13 Trespass 65. Definition 66. Prohibition of entrance to certain premises without authorisation 67. Access control at explosives manufacturing workplaces CHAPTER 14 Appeal board 68. Appeal board CHAPTER 15 Explosives testing, authorisation, classification and quality assurance 69. Certifying and Competent Authority 70. Registration of testing facilities 71. Applications to authorise an explosive 72. Testing of explosives 73. Authorisation of explosives 74. Expiry of explosives 75. Compliance and quality control 76. Authorised explosives database STAATSKOERANT. 18 APRIL 2007 NO.29790 9 CHAPTER 16 Fireworks and pyrotechnics for entertainment 77. Definitions 78. Prohibited firework compositions 79. Prohibited consumer fireworks 80. Prohibition of use of fireworks in conjunction with other dangerous goods 81. Fireworks approved for indoor use 82. Approved consumer fireworks 83. Transport of consumer fireworks 84. Use of consumer fireworks 85. Authorisation, marking and packaging of consumer fireworks and pyrotechnicians 86. Dealers 87. Exceptions 88. Certification and training of pyrotechnicians 89. Responsibilities of sponsors or promoters of firework displays, theatrical or stage effect performances or special effects productions 90. Firework display permit applications 91. Theatrical or stage effects permit applications 92. Special effect permit applications 93. Issuing of permits to pyrotechnicians 94. Acquisition of fireworks. pyrotechnics or explosives 95. General responsibilities of pyrotechnicians in charge CHAPTER 17 Model rockets 96. Model rockets CHAPTER 18 Ammonium nitrate 97. Definition 98. Packing and marking 99. Ammonium nitrate to be supplied to authorised persons only 100. Transport by rail 101. Transport by road 102. Storage of ammonium nitrate 103. Application to erect storage facilities 104. Maintenance of storage facilities 10 No. 29790 GOVERNMENT GAZETTE. 18 APRIL 2007 CHAP"rER 19 Tertiary educational institutions and registered laboratories 105. Tertiary educational institutions 106. Registered laboratories 107. Inspection of tertiary educational institutions and registered laboratories CHAPTER 20 Miscellaneous regulations 108. Monomethylamine nitrate (MMAN) Power device, blank and industrial cartridges 109. Dealers in power device, blank and industrial cartridges 110. Acquisition and storage of power device, blank and industrial cartridges Railway track signals 111. Acquisition and storage of railway track signals 112. Use of railway track signals 113. Transport of railway track signals Distress signals 114. Dealers in distress signals 115. Use of distress signals 116. Inert, replica or deactivated explosives Rock breaking cartridges (RBC) 117. Use of rock breaking cartridges 118. Transport of rock breaking cartridges 119. Storage of rock breaking cartridges 120. Special provisions ANNEXURES Annexure "A" Classification of explosives Annexure "8" Methods for the destruction of blasting explosives Annexure "C" Conditions for the acquisition, transport, storage and use of black Part 1 powder for private purposes Annexure "C" Application for registration to acquire, transport, store and use black FormA powder for private purposes Annexure "C" Record of purchase of black powder Form B Annexure "0" Application for blasting and transport permit Annexure "En Specifications for the construction and licensing of vehicles for public Part 1 road transportation of explosives STAATSKOERANT, 18 APRIL 2007 NO.29790 11 Annexure "E" Application for approval to convert a vehicle for the transportation of FormA explosives by road Annexure "E" Application for a vehicle licence to transport explosives by road Form B Annexure "F" Limited quantities of explosives exempt from explosives vehicle licensing requirements for road transport Annexure "G" Standard explosives magazine safety distances Part 1 Annexure "G" Reduced safety distances for movable explosives magazines Part 2 Annexure "H" Minimum specifications for the fencing of explosives magazines Annexure "I" Pro forma certificate of condition for explosives magazines Annexure "J" Application for authorisation of an explosive Annexure "K" Library of tests and standards Annexure "L" Explosives authorisation certificate Annexure "M" List of authorised explosives Annexure "N" Application for licence to deal in explosives Annexure "0" Certification and training of pyrotechnicians
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