Jersey Law 1/1971
EXPLOSIVES (JERSEY) LAW, 1970,
COMFIRMED BY
Order of Her
Majesty in Council
dated 17th December,
1970
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ARRANGEMENT OF
ARTICLES.
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Art.
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1.
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Interpretation
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2.
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Importation of explosives ...…………………………………….
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3.
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Manufacture of explosives
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4.
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Storage of explosives
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5.
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Sale or transfer of explosives
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6.
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Conveyance of explosives
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7.
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Fireworks
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8.
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Application forms, licences and registers
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9.
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Fees
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10.
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Notice of refusal, cancellation etc.
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11.
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Right of appeal
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12.
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Inspection
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13.
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Power to grant exemptions
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14.
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Surrender of licences
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15.
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Orders
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16.
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Code of requirements
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17.
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Offences
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18.
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Offences by corporation
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19.
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Notices
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20.
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Saving
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21.
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Repeal
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22.
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Short title and commencement
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EXPLOSIVES (JERSEY) LAW, 1970.
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A LAW to
regulate the importation, manufacture, storage, conveyance, sale, purchase,
transfer, acquisition and possession of explosives and for purposes connected
therewith, sanctioned by Order of Her Majesty in Council of the
17th day of DECEMBER, 1970.
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(Registered on the 22nd day of
January, 1971).
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STATES OF JERSEY.
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The 17th day of
March, 1970.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“the Committee” means the Defence Committee ;
“explosives” shall have such meaning as shall be
prescribed, and shall include fireworks ;
“fireworks licence” means a licence issued under
paragraph (1) of Article 7 ;
“importation licence” means a licence issued under
paragraph (1) of Article 2 ;
“licence” means a licence issued under this Law ;
“magazine licence” means a licence issued under
paragraph (1) of Article 4 ;
“manufacturing licence” means a licence issued under
paragraph (1) of Article 3 ;
“prescribe” means prescribe by order ;
“transfer licence” means a licence issued under
paragraph (1) of Article 5.
(2) References
in this Law to any enactment shall be construed as references to that enactment
as amended by any subsequent enactment or to any other enactment repealing and
re-enacting that enactment with or without further amendment.
ARTICLE 2
IMPORTATION OF EXPLOSIVES
(1) No
person shall import any explosives into the Island except in accordance with a
licence granted to him by the Committee.
(2) Before
granting a licence under this Article, the Committee shall consult with the
Harbours and Airport Committee to ensure that adequate arrangements have been
made in relation to the disembarkation of the explosives to be imported.
(3) In
considering whether to grant or refuse to grant an importation licence, the
Committee shall have regard to the public safety and to the need or apparent
need in the Island for the explosives which are to be imported.
(4) The
Committee may attach such conditions as it thinks fit to the grant of an
importation licence.
(5) Every
importation licence shall specify the quantity of explosives to be imported and
the date on which such importation is likely to occur.
(6) Subject
to the provisions of this Law, the Committee may at any time where it considers
it right and proper to do so cancel an importation licence or vary any
conditions attached to such licence.
(7) Copies
of every importation licence shall be sent by the Committee to the Chief Agent
of the Impôts and to the Harbour Master.
(8) Any
person to whom an importation licence has been granted shall maintain a
register which shall contain the following details –
(a) the quantity and
description of explosives imported ;
(b) the quantity and
description of explosives sold or transferred ;
(c) the persons to whom
explosives have been sold or transferred.
(9) Any
officer of the Impôts may require any person possessing or having control
of any explosives which is being or has been imported to furnish proof that the
importation of the explosives is or was not unlawful by virtue of this Law, and
if such proof is not furnished to the satisfaction of the officer concerned the
explosives may be confiscated and may be stored temporarily pending arrangements
being made for their disposal and, in such event, the provisions of Article 4
of this Law shall not apply to any such temporary place of storage.
ARTICLE 3
MANUFACTURE OF EXPLOSIVES
(1) No
person shall, whether or not by way of business, manufacture any explosives
except in accordance with a licence granted to him by the Committee.
(2) In
considering whether to grant or refuse to grant a manufacturing licence, the
Committee shall have regard to the public safety and, where applicable, to the
need to conduct scientific experiments.
(3) The
Committee may attach such conditions as it thinks fit to the grant of a
manufacturing licence.
(4) Any
manufacturing licence may authorize the manufacture of specified quantities of
explosives, specified quantities of specified explosives or any quantity of
specified explosives and may be limited in duration to such period as the
Committee may determine.
(5) Subject
to the provisions of this Law, the Committee may, at any time, where it
considers it right and proper to do so, cancel a manufacturing licence or vary
any conditions attached to such licence.
ARTICLE 4
STORAGE OF EXPLOSIVES
(1) No
person shall keep or store any explosives except in a magazine duly licensed by
the Committee.
(2) Every
magazine licence shall expire on the thirty-first day of December next
following the date on which it is granted and may be renewed annually on
application being made to the Committee.
(3) In
considering whether to grant or refuse to grant, or renew or refuse to renew a
magazine licence, the Committee shall have regard to the public safety and to
the prevention of unwarranted explosions and, in particular, shall have regard
to the situation and manner of construction of the magazine and the method of
storage of explosives therein.
(4) The
Committee may attach such conditions as it thinks fit to the grant or renewal
of a magazine licence, including a condition as to the maximum quantity of
explosives, or of specified explosives, which may be stored at any time in the
magazine.
(5) Any
person to whom a magazine licence has been granted shall maintain a register
which shall contain the following details –
(a) the quantity and
description of explosives purchased or acquired by him ;
(b) the quantity and
description of explosives used by him or any person employed by him ;
(c) the quantity and
description of explosives sold or transferred to any other person.
(6) Subject
to the provisions of this Law, the Committee may, at any time, where it
considers it right and proper to do so cancel a magazine licence or vary any
conditions attached to such licence.
(7) The
provisions of this Article shall not apply to the keeping or storage of
fireworks in a place from which such fireworks are to be sold by retail.
ARTICLE 5
SALE OR TRANSFER OF EXPLOSIVES
(1) No
person shall purchase, acquire or have in his possession any explosives unless
he is the holder of a licence granted to him by the Committee authorizing such
purchase, acquisition or possession.
(2) In
considering whether to grant or refuse to grant a transfer licence, the
Committee shall have regard to the public safety, to the character of the
applicant for the transfer licence and to the use which is to be made of the
explosives.
(3) The
Committee may attach such conditions as it thinks fit to the grant of a
transfer licence.
(4) Subject
to the provisions of this Law, the Committee may at any time where it considers
that it is right and proper to do so cancel a transfer licence or vary any
conditions attached to such licence.
(5) No
person shall sell or transfer any explosives to any person, other than a person
specified in paragraph (6) of this Article, who does not hold a transfer
licence authorizing him to purchase or acquire such explosives.
(6) The
provisions of paragraph (1) of this Article shall not apply to any person who
has been granted an importation licence or magazine licence.
(7) The
provisions of this Article shall not apply to the sale, purchase, transfer,
acquisition or possession of fireworks.
(8) Nothing
in this Article shall be taken to prohibit the possession of any explosives by
any person in the employ of the Crown or any administration of the States or
any police officer, acting in the course of his duty as such.
ARTICLE 6
CONVEYANCE OF EXPLOSIVES
(1) The
Committee may by order prescribe conditions to be complied with in relation to
the conveyance of explosives and different provisions may be made for the
conveyance of different explosives or the conveyance of different quantities of
explosives.
(2) If
any person acts in contravention of, or fails to comply with, any of the
provisions of any order made under paragraph (1) of this Article, he shall, for
each offence, be liable to a fine not exceeding one hundred pounds.
ARTICLE 7
FIREWORKS
(1) No
person shall sell fireworks by retail except in accordance with a licence
granted to him by the Connétable of the Parish in which the place from
which the fireworks are sold is situated.
(2) Every
fireworks licence shall expire on the thirty-first day of December next
following the date on which it is granted and may be renewed annually on
application being made to the appropriate Connétable.
(3) In
considering whether to grant or refuse to grant, or renew a fireworks licence,
a Connétable shall have regard to the public safety, to the fitness of
the applicant to sell fireworks and to the suitability of the premises from
which the fireworks are to be sold and shall consult with the Chief Officer of
the Fire Service regarding the application generally.
(4) A
Connétable may attach such conditions as he thinks fit to the grant or
renewal of a fireworks licence.
(5) Subject
to the provisions of this Law, a Connétable may, at any time, where he
considers right and proper to do so, cancel a fireworks licence or vary any
conditions attached to such licence.
ARTICLE 8
APPLICATION FORMS, LICENCES AND REGISTERS
Application forms, licences and registers required for the purposes
of this Law shall be in such form and shall, in addition to the particulars
required by virtue of any other provision of this Law to be contained therein,
contain such particulars as the Committee may from time to time determine.
ARTICLE 9
FEES
There shall be payable on the grant or renewal of a licence such
fees as the Committee shall prescribe.
ARTICLE 10
NOTICE OF REFUSAL, CANCELLATION ETC
(1) The
Committee or a Connétable as the case may be shall not –
(a) refuse an application
for a licence or the renewal of a licence; or
(b) attach any condition to
a licence, other than a condition attached on the grant or renewal of a licence
or vary any such condition; or
(c) cancel a licence;
unless it or he has given to the applicant or the holder of the
licence, as the case may be, not less than seven days notice in writing, of the
intention so to do and the reasons for so doing, and every such notice shall
contain an intimation that if, within the period of such notice, the applicant
or the holder of the licence informs the Committee or the Connétable in
writing that he desires to do so, the Committee or the Connétable,
before refusing or cancelling the licence or attaching or varying the
condition, will afford him an opportunity of being heard in person or by a
representative, against such refusal or cancellation or the attachment to the
licence of such condition.
(2) If,
after affording an applicant or a holder of a licence, as the case may be, an
opportunity of being heard, the Committee or the Connétable decides to
refuse the application, to attach or vary the condition, or to cancel the
licence, notice in writing of the decision shall be given to the applicant and,
if so requested in writing by him, the Committee or the Connétable
shall, within seven days of receiving such a request give to him a statement in
writing of the reasons for the decision.
ARTICLE 11
RIGHT OF APPEAL
(1) Any
person aggrieved by –
(a) the refusal of an
application for a licence or for the renewal of a licence;
(b) the variation of any
condition attached to a licence; or
(c) the cancellation of a
licence;
may, within the fifteen days next following the day on which notice
of the decision of the Committee or the Connétable, was given to him
under paragraph (2) of Article 10 of this Law or in the case of a condition
attached on the grant or renewal of a licence, within fifteen days next
following the day on which he was notified of the grant or renewal of the
licence, appeal to the Inferior Number of the Royal Court, in term or in
vacation, on the ground that the decision of the Committee or the
Connétable was unreasonable having regard to all the circumstances of
the case, and the decision of the Inferior Number of the Royal Court shall be
final and without further appeal, but without prejudice to the right of the
Inferior Number to refer the matter to the Superior Number of the Royal Court.
(2) Where
any person appeals against the cancellation of a licence or against a condition
attaching to a licence, the cancellation of the licence, or, as the case may
be, the condition attached, shall not take effect until the appeal is abandoned
or determined.
ARTICLE 12
INSPECTION
(1) Any
officer of the Committee may, subject to the production by him, if so required
of evidence of his authority, enter and inspect any premises which are used for
the keeping or storage of explosives, or which that officer has reasonable cause
to believe contain explosives, and to require any person in occupation thereof
or employed therein to furnish to him such information in relation to the
premises or to any explosives therein as may be reasonably necessary for the
enforcement of the provisions of this Law.
(2) Any
officer of the Committee, any officer of the Impôts and any officer of
the Harbours and Airport Committee may, subject to the production by him of
evidence of his authority, board and inspect any ship or aircraft, or enter and
inspect any premises, in a harbour or at an airport, which he has reasonable
cause to believe contain explosives and to require any person in charge
thereof, employed therein or in occupation thereof, to furnish to him such
information in relation to the premises or to any explosives therein as may be
reasonably necessary for the enforcement of the provisions of this Law.
(3) Every
person who –
(a) obstructs or impedes an
officer in the exercise of any of the powers conferred by this Article; or
(b) fails or refuses to
give an officer on demand any information which it is in his power to give and
which such officer is entitled to demand under this Law; or
(c) wilfully gives to an
officer information which is false or misleading in a material particular;
shall be liable to a fine not exceeding one hundred pounds.
ARTICLE 13
POWER TO GRANT EXEMPTIONS
(1) The
Committee may, at its absolute discretion, grant exemption from the operation
of any of the provisions of this Law, other than Article 7 thereof; and may
attach conditions to any exemption so granted and any conditions so attached
may at any time be varied or withdrawn.
(2) Where
any condition attached to any exemption granted under this Article is
contravened or not complied with, the exemption shall be of no effect.
ARTICLE 14
SURRENDER OF LICENCES
(1) Subject
to the provisions of Articles 10 and 11 of this Law, any person to whom a
licence has been granted shall deliver the licence to the Committee or to the
Connétable as the case may be forthwith on notice being given to him of
the cancellation of the licence or of the imposition of additional conditions
on the licence.
(2) Any
person who fails to deliver a licence to the Committee or to a
Connétable in accordance with paragraph (1) of this Article shall be
liable to a fine not exceeding twenty pounds and to a further fine not
exceeding two pounds for each day during which the failure continues.
ARTICLE 15
ORDERS
(1) The
Committee may by order make provision for the purpose of carrying this Law into
effect and, in particular but without prejudice to the generality of the
foregoing, for prescribing any matter which is to be prescribed under this Law.
(2) The
Subordinate Legislation (Jersey) Law, 1960, shall
apply to orders made under this Law.
ARTICLE 16
CODE OF REQUIREMENTS
(1) The
Committee shall prepare a code comprising such requirements and directions as
appear to it to be proper for the guidance of persons using or handling
explosives and may from time to time revise the code in such manner as it
thinks fit.
(2) The
Committee shall cause the Code and any revision thereof to be printed and shall
present the same to the States for their information.
ARTICLE 17
OFFENCES
If any person contravenes or fails to comply with any of the
provisions of this Law for which no specific penalty is provided, or
contravenes or fails to comply with any condition attached to any licence
granted to him, he shall be liable to a fine not exceeding one thousand pounds.
ARTICLE 18
OFFENCES BY CORPORATION
Where an offence under this Law which has been committed by a body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of any director, manager,
secretary or other similar officer of the body corporate, or any person who was
purporting to act in any such capacity, he as well as the body corporate shall
be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
ARTICLE 19
NOTICES
(1) Any
notice required by this Law to be given to a person being a body corporate
shall be duly given if it is given or sent by post to the secretary or clerk of
the body corporate.
(2) Subject
to the provisions of paragraph (1) of this Article, any notice required by this
Law to be given to any person may be given –
(a) by delivering it to
that person; or
(b) by leaving it at his
proper address; or
(c) by registered post; or
(d) by recorded delivery
service.
(3) For
the purposes of this Article and of Article 12 of the Interpretation (Jersey)
Law, 1954, the proper address of any person on whom any notice
is to be given under this Law shall, in the case of the secretary or clerk of a
body corporate, be that of the registered or principal office of the body
corporate, and in any other case, be the last known address of the person in
question.
ARTICLE 20
SAVING
The provisions of this Law are in addition to, and not in
derogation of, the provisions of any other enactment.
ARTICLE 21
REPEAL
The “Règlement (1968) sur les matières
explosives” is hereby repealed.
ARTICLE 22
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Explosives (Jersey) Law, 1970.
(2) This
Law shall come into force on the first day of the third month next following
that in which it is promulgated.
A.D. LE BROCQ,
Greffier of the States.