Malawi Act or statute

Malawi legislation

Explosives Act, 1966

This section says the Act may be cited as the Explosives Act. This section defines key terms used in the Act, including acquire, Chief Inspector, explosive, Inspector, and manufacture. This sectio…

administrative reviewblasting operationsburden of proofcomplianceexplosionsexplosives handlingexplosives licensingexplosives possessionexplosives regulationexplosives safetyhazardous materialsincident reportinginspectionslegislationBusiness registration Business registrationmanufacturing complianceobstructionpenaltiespermit and licence applicationpermit and licence applicationspermit applicationpermitspermits and licencesprohibited possessionpublic safetyregulatory applicationregulatory authorisationregulatory enforcementregulatory exemptionsregulatory inspectionregulatory inspectionssafetysecurityshort titlestorage licence

Jurisdiction: Malawi
Structure: 23 provisions
Citation: Act 61 of 1966
Official identity: Year 1966
Dates: Enacted 1966 · Source version 31 Dec 2014

More statute details

Official identity: Year 1966
Dates: Enacted 1966 · Source version 31 Dec 2014

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Purpose and legislative effect

“This section says the Act may be cited as the Explosives Act.”

This section says the Act may be cited as the Explosives Act. This section defines key terms used in the Act, including acquire, Chief Inspector, explosive, Inspector, and manufacture. This section says the Act does not apply to several listed explosive-related activities and allows the Minister to exempt explosives by Gazette notice. The Chief Inspector of Explosives and Inspectors of Explosives must control explosives activities to reduce accident risk, and inspectors are subject to directions from the Chief Inspector and the Minister. A person must not acquire, possess, or use an explosive unless they have a valid licence or permit issued under the Act.

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Enacted 1966 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This section says the Act may be cited as the Explosives Act.

Section 1

When storage licence may be issued

A person who wants to store explosives must apply to the Chief Inspector in the prescribed form, stating the premises and the purpose. A storage licence may be issued only if the applicant shows a genuine need, has or has applied for the needed dealer’s…

Section 7

Exemption of carriers

Carriers and their servants may keep explosives only to transport them to a licence or permit holder under sections 7, 8, or 9.

Section 12

Search of persons, vehicles, vessels and premises

Officers may search and detain vehicles, vessels, people, and premises without a warrant when explosives are reasonably suspected, and may seize explosives found without a valid permit or licence.

Section 18

Power to make regulations

The Minister may make regulations under this Act, including rules about explosives, and regulations may create offences with penalties.

Section 23

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Source record from malawilii.org · Enacted 1966 · Source version 31 Dec 2014

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Showing 23 of 23 provisions

Provision 15Offence 4Interpretation 2Short title

§ 1Short titleShort title

This section says the Act may be cited as the Explosives Act.

1. Short title This Act may be cited as the Explosives Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including acquire, Chief Inspector, explosive, Inspector, and manufacture.

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 Explosives appointed under this Act; “ explosive ” means— (a) nitroglycerin, 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 .

Section 2Verify source

§ 3Section 3Provision

This section says the Act does not apply to several listed explosive-related activities and allows the Minister to exempt explosives by Gazette notice.

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; [Cap. 14:08] (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.

Section 3Verify source

§ 4Appointment and duties of InspectorsProvision

The Chief Inspector of Explosives and Inspectors of Explosives must control explosives activities to reduce accident risk, and inspectors are subject to directions from the Chief Inspector and the Minister.

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 exercise 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.

Section 4Verify source

§ 5Section 5Provision

A person must not acquire, possess, or use an explosive unless they have a valid licence or permit issued under the Act.

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.

Section 5Verify source

§ 6Type of licence and permitProvision

The Chief Inspector, or an Inspector authorized in writing, may issue certain explosives licences and permits. Each licence then authorizes its holder to do the specified activity.

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 possess; (d) a blasting licence, for such period and subject to such conditions as he may consider appropriate in the circumstances. (2) A storage licence shall authorize the holder thereof to store explosives in the premises described in the licence. (3) A dealer’s licence shall authorize the holder thereof to purchase, sell and deal in explosives. (4) A permit to possess shall authorize the holder thereof to purchase and possess explosives. (5) a blasting licence shall authorize the holder thereof to use explosives for the purpose of blasting operations.

Section 6Verify source

§ 7When storage licence may be issuedProvision

7. When storage licence may be issued (1) A person who desires to store explosives shall apply in the prescribed manner to the Chief Inspector specifying the premises where it is desired to store explosives and the purpose of such storage. (2) A storage licence shall not be issued unless satisfactory evidence is given that— (a) the applicant genuinely requires to store explosives for the purpose of trade or use and holds or has applied for a dealer’s licence or a permit to possess; (b) the premises where it is proposed to store explosives are suitably constructed for the purpose and are situated at a safe distance from any place where persons habitually live, work, congregate or pass.

Section 7Verify source

§ 8When dealer’s licence may be issuedProvision

A person who wants to deal in explosives must apply to the Chief Inspector in the prescribed manner and provide experience and proposed trade details.

8. When dealer’s licence may be issued (1) A person who desires to deal in explosives shall apply in the prescribed manner to the Chief Inspector specifying his experience in the handling of explosives and the nature of the trade which he anticipates. (2) A dealer’s licence shall not be issued unless satisfactory evidence is given that— (a) there is a genuine need for a dealer in explosives in the area in which the applicant intends to operate; (b) that the applicant is a suitable person to deal in explosives.

Section 8Verify source

§ 9When permit to possess may be issuedProvision

A person who wants to possess explosives, other than as a dealer, must apply to the Chief Inspector in the prescribed manner and state the purpose. A permit cannot be issued unless satisfactory evidence shows the explosives are genuinely needed for a lawful and proper purpose and the applicant or an employee is sufficiently expert in their use.

9. When permit to possess may be issued (1) A person who desires to possess explosives otherwise than as a dealer shall apply in the prescribed manner to the Chief Inspector specifying the purpose for which he desires to possess explosives. (2) A permit to possess shall not be issued unless satisfactory evidence is given that— (a) the applicant genuinely requires explosives for a lawful and proper purpose; (b) that the applicant or a person in his employment is sufficiently expert in the use of explosives.

Section 9Verify source

§ 10When blasting licence may be issuedProvision

A person who wants to do blasting must apply to the Chief Inspector in the prescribed manner and give details of the work and their explosives training or experience.

10. When blasting licence may be issued (1) A person who desires to carry out blasting operations shall apply in the prescribed manner to the Chief Inspector specifying the nature of the operations which he proposes to carry out and the training or experience in the use of explosives which he possesses. (2) A blasting licence shall not be issued to any applicant unless he produces satisfactory evidence that he has adequate experience or training in the use of explosives and is a suitable person to hold a blasting permit.

Section 10Verify source

§ 11Exemption of employeesProvision

An employee of a licence or permit holder may possess the employer’s related explosive while doing their duties and following the licence or permit terms.

11. Exemption of employees A person who is employed by the holder of a licence or permit issued under section 7 , 8 , or 9 may have in his possession any explosive to which his employer’s licence or permit relates for the purpose of carrying out his duties in accordance with the terms and conditions of the licence or permit.

Section 11Verify source

§ 12Exemption of carriersProvision

Carriers and their servants may keep explosives only to transport them to a licence or permit holder under sections 7, 8, or 9.

12. Exemption of carriers A person carrying on the business of a carrier or a servant of a carrier may have in his possession any explosive for the purpose of conveying such explosive to the holder of the licence or permit issued under section 7 , 8 , or 9 .

Section 12Verify source

§ 13Penalty for acquisition or possession of explosives without licence or permitOffence

A person who acquires, possesses, controls, or uses an explosive without complying with the licence or permit terms may be fined K50,000 and imprisoned for one year.

13. Penalty for acquisition or possession of explosives without licence or permit Subject to sections 11 and 12 , a person who acquires or has in his possession or under his control or who uses any explosive otherwise than in accordance with the terms and conditions of a licence or permit to do so issued under this Act, shall be liable to a fine of K50,000 and to imprisonment for one year. [8 of 2002]

Section 13Verify source

§ 14Burden of proofProvision

In proceedings under this Act, an accused person must prove the contrary if presumed not to hold a licence or permit, and anyone alleging the Act does not apply to an explosive-capable substance must prove that allegation.

14. Burden of proof (1) In any proceedings under this Act an accused person shall be presumed not to be the holder of any licence or permit unless he proves the contrary. (2) The burden of proving that this Act does not apply to any substance capable of producing an explosion shall be on the person making such an allegation.

Section 14Verify source

§ 15Manufacture of explosivesProvision

A person may manufacture explosives only with a manufacture licence from the Chief Inspector and in line with that licence, unless the only process is mixing certain diluents with ammonium nitrate on the blasting site.

15. Manufacture of explosives (1) No person shall manufacture any explosive unless he is the holder of a licence to manufacture granted by the Chief Inspector or otherwise than in accordance with the terms and conditions of such licence: Provided that a licence to manufacture shall not be necessary where the only process of manufacture is the mixing of carbonaceous or metallic diluents with ammonium nitrate, when such mixing is carried out on the site where blasting operations are to take place. [8 of 2002] [25 of 1968] (2) A person who contravenes any of the provisions of subsection (1) shall be liable to a fine of K200,000 and to imprisonment for five years. [8 of 2002]

Section 15Verify source

§ 16Destruction of explosivesProvision

An Inspector may declare an explosive unsafe and order it destroyed; a person who does not comply within a reasonable time can be fined K50,000 and imprisoned for one year.

16. Destruction of explosives (1) An Inspector may declare any explosive to be unsafe and may destroy or cause to be destroyed such explosive, or may order the destruction of such explosive by the owner or by the person having custody or control thereof or by the person in occupation of the place where such explosive may be. [8 of 2002] (2) A declaration that an explosive is unsafe may be made whenever an Inspector considers that there is a danger of accident in relation thereto. (3) No claim whatsoever shall lie against the Government or an Inspector in respect of anything done as a result of an order given under subsection (1). (4) A person who fails, within a reasonable time, to comply with an order given to him under subsection (1) shall be liable to a fine of K50,000 and to imprisonment for one year. [8 of 2002]

Section 16Verify source

§ 17Precaution against and reporting loss of explosivesOffence

People in control of explosives must take reasonable precautions to prevent loss, theft, or unauthorized access, and must report any loss, theft, or disappearance to the nearest police station right away.

17. Precaution against and reporting loss of explosives (1) Every person having in his possession or under his control any explosive, shall take all reasonable precautions to ensure that such explosive is not lost, stolen, or at any time available to any person not lawfully entitled to possess the same, and if any loss, theft or disappearance of any such explosive occurs shall forthwith report the same to the officer in charge of the nearest police station. (2) Any person who fails to comply with any of the provisions of subsection (1) shall be liable to a fine of K50,000, and to imprisonment for one year. [8 of 2002] (3) In any prosecution for an offence under this section the onus shall be on the accused to prove that he took all reasonable precautions required to be taken under subsection (1).

Section 17Verify source

§ 18Search of persons, vehicles, vessels and premisesProvision

Officers may search and detain vehicles, vessels, people, and premises without a warrant when explosives are reasonably suspected, and may seize explosives found without a valid permit or licence.

18. Search of persons, vehicles, vessels and premises (1) In this section “officer” includes an administrative officer, a police officer of or above the rank of police Inspector and an Inspector duly appointed under this Act. [8 of 2002] (2) An officer may, without warrant, stop, search and detain any vehicle or vessel in or upon which there is reason to suspect that any explosive is being unlawfully conveyed and may also stop, search or cause to be searched, and detain any person who may be reasonably suspected of unlawfully having in his possession or unlawfully conveying in any manner any explosive. (3) An officer may, without warrant, enter, with or without permission and using force for the purpose if necessary, any place or premises in which he has reason to suspect that any explosive is being unlawfully stored, kept or manufactured and may search or cause to be searched such place or premises and any person found therein. (4) Where, as a result of any search made under this section, any explosive is found and no valid permit or licence is produced by any person in respect thereof the officer effecting the search may seize such explosive and shall thereupon dispose thereof in such manner as the Minister may prescribe. (5) Any person who wilfully obstructs or resists an officer in the lawful exercise of any power conferred upon such officer by this section shall be liable to a fine of K50,000 and to imprisonment for one year. [8 of 2002]

Section 18Verify source

§ 19Penalty for obstructing InspectorOffence

A person who obstructs, disobeys, or gives false information to an Inspector can be fined K50,000 and imprisoned for one year.

19. Penalty for obstructing Inspector Any person who wilfully obstructs or hinders an Inspector in the exercise of any of the powers or duties conferred or imposed upon him by this Act, or who disobeys any lawful order of an Inspector, or who, upon demand, fails to answer as well as he is able, any question lawfully put to him by an Inspector, or who gives false information to an Inspector, whether in answer to any such question or not, shall be liable to a fine of K50,000 and to imprisonment for one year. [8 of 2002]

Section 19Verify source

§ 20Revocation of permits and licencesSubstitution

The Chief Inspector may revoke a permit or licence if the holder breaks a condition or is convicted of an offence, and the holder must surrender the revoked document after written notice.

20. Revocation of permits and licences (1) Any permit or licence granted under this Act may be revoked by the Chief Inspector if the holder thereof fails to comply with any condition attached thereto or is convicted of an offence under this Act or any regulations made thereunder. (2) Where a permit or licence is revoked, the Chief Inspector shall by notice in writing require the holder thereof to surrender it, and if the holder fails to surrender it within fourteen days from the date of such notice, he shall be liable to a fine of K10,000: Provided that where an appeal is brought against the revocation, this section shall not apply to that revocation unless the appeal is abandoned or dismissed and shall in that case have effect as if for the reference to the date of the notice there were substituted a reference to the date on which the appeal was abandoned or dismissed. [8 of 2002]

Section 20Verify source

§ 21Appeal against refusal to grant a permit or licence or revocation thereofProvision

A person may appeal a refusal or revocation of a permit or licence to the Minister in the prescribed manner; the Minister’s decision is final.

21. Appeal against refusal to grant a permit or licence or revocation thereof An appeal against the refusal to grant a permit or licence or the revocation thereof shall lie in the prescribed manner to the Minister, whose decision shall be final and shall not be questioned in any court, but no appeal shall lie against the result of any test or examination which, in terms of any regulations made under this Act, any person may be required to undergo in order to obtain a licence or permit.

Section 21Verify source

§ 22Penalties for endangering safety or causing loss of lifeOffence

This section penalizes anyone who causes an explosion by negligence or a willful act or omission, especially where property or life is endangered or harmed.

22. Penalties for endangering safety or causing loss of life (1) Any person who negligently causes an explosion whereby— (a) property is endangered or damage to property is caused by such explosion shall be liable to a fine of K50,000 and to imprisonment for twelve months; and [8 of 2002] (b) the life of any person is endangered or injury to any person is caused by such explosion shall be liable to a fine of K500,000 and to imprisonment for five years. [8 of 2002] (2) Any person who by a willful act or omission causes an explosion whereby life or property is endangered or whereby injury to any person or damage to property results shall be liable to imprisonment for a period of ten years. (3) Nothing in this section shall be construed as exempting any person from being charged and punished under any other written law in respect of any act or omission such as is described in this section. (4) For the purpose of this section “explosion” includes a fire caused by an explosion.

Section 22Verify source

§ 23Power to make regulationsInterpretation

The Minister may make regulations under this Act, including rules about explosives, and regulations may create offences with penalties.

23. Power to make regulations (1) The Minister may make regulations for the better carrying into effect of the purposes and provisions of this Act, and in particular and without derogation from the generality of the foregoing, may make regulations for all or any of the following purposes— (a) regulating the storage of explosives; (b) regulating the sale of and any dealings in explosives; (c) prohibiting or regulating the possession of explosives; (d) regulating the use of explosives; (e) prohibiting or regulating the manufacture of explosives; (f) regulating the importation, exportation and transportation of explosives load; (g) providing for the examination and inspection of explosives, the places in which they are stored, kept or used and any place at which any accident, of whatsoever nature, may be liable to be caused by an explosive; [8 of 2002] (h) requiring the reporting of accidents to persons, or damage to property, caused by an explosive; (i) prescribing the fees to be paid for any licence or permit issued, or examination or inspection made under or in pursuance of this Act or of any regulations made under this Act; (j) providing for the issue, suspension and cancellation of blasting licences; (k) providing for the issue, suspension and cancellation of permits or licences to possess, manufacture, store or deal in explosives; (l) prescribing the forms, books and records to be used or kept for the purposes of this Act; (m) providing for the seizure and forfeiture of any explosives in respect of which any offence against this Act or any regulations made thereunder has been committed; (n) prohibiting the introduction of explosives into any specified area; (o) providing for the investigation and reporting of accidents; (p) providing for the destruction of explosives and mode of destruction; (q) providing for the classification of explosives; (r) prescribing the time within which an appeal may be brought under section 21 and the procedure to be followed in relation to such an appeal; (s) the information to be supplied by any person to an Inspector and the reports to be made from time to time; and (t) any other matter which requires to be or may be prescribed for the purposes of this Act [8 of 2002] [8 of 2002] (2) Any regulation made under this Act may, notwithstanding the provisions of section 21 of the General Interpretation Act, prescribe a fine of up to K20,000 and imprisonment for up to one year for an offence committed against any provision of such regulation.

Section 23Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Explosives appointed under this Act
Section 2
Explosives shall in the exercise of every power and duty conferred upon them under any provision of this Act
Section 4

G–M

1 instrument

General Interpretation Act
Section 23

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31 Dec 2014 · currentEnglish

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