Explosives (Jersey)
Law 1970[1]
A LAW to regulate the importation,
manufacture, storage, use, conveyance, sale, purchase, transfer, acquisition
and possession of explosives and for purposes connected therewith[2]
Commencement [see endnotes]
1 Interpretation[3]
In this Law, unless the context otherwise requires –
“explosives” has such meaning as prescribed, and shall
include fireworks;
“fireworks licence” means a licence issued under Article 8(1);
“importation licence” means a licence issued under Article 2(1);
“licence” means a licence issued under this Law;
“magazine licence” means a licence issued under Article 4(1);
“manufacturing licence” means a licence issued under Article 3(1);
“Minister” means the Minister
for Justice and Home Affairs;
“officer of the Impôts” shall be construed in
accordance with Article 4 of the Customs and Excise (Jersey)
Law 1999;
“prescribe” means prescribe by Order;
“transfer licence” means a licence issued under Article 6(1).
2 Importation
of explosives
(1) No person shall import
any explosives into Jersey except in accordance with a licence granted to the person
by the Minister.
(2) Before granting a
licence under this Article, the Minister shall consult with the Minister for Sustainable Economic Development to
ensure that adequate arrangements have been made in relation to the
disembarkation of the explosives to be imported.[4]
(3) In considering whether
to grant or refuse to grant an importation licence, the Minister shall have
regard to the public safety and to the need or apparent need in Jersey for the
explosives which are to be imported.
(4) The Minister may attach
such conditions as the Minister 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 Minister may at any time where the Minister
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 Minister 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.
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 the person by the Minister.
(2) In considering whether
to grant or refuse to grant a manufacturing licence, the Minister shall have
regard to the public safety and, where applicable, to the need to conduct
scientific experiments.
(3) The Minister may attach
such conditions as the Minister 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 Minister may
determine.
(5) Subject to the
provisions of this Law, the Minister may, at any time, where the Minister
considers it right and proper to do so, cancel a manufacturing licence or vary
any conditions attached to such licence.
4 Storage
of explosives
(1) No person shall keep or
store any explosives except in a magazine duly licensed by the Minister.
(2) Every magazine licence
shall expire on the 31st December next following the date on which it is
granted and may be renewed annually on application being made to the Minister.
(3) In considering whether
to grant or refuse to grant, or renew or refuse to renew a magazine licence,
the Minister 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 Minister may attach
such conditions as the Minister 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 the person;
(b) the
quantity and description of explosives used by the person or any person
employed by him or her;
(c) the
quantity and description of explosives sold or transferred to any other person.
(6) Subject to the
provisions of this Law, the Minister may, at any time, where the Minister
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.
5 Use
of explosives[5]
(1) No person shall use any
explosives for any purpose except in accordance with a licence granted by the
Minister.
(2) Subject to the
provisions of this Law, the Minister may refuse to grant a licence to use
explosives if the Minister deems that it is in the best interests of the
community so to do.
(3) The Minister may attach
such conditions as the Minister thinks fit to the grant of a licence to use
explosives.
(4) Subject to the
provisions of this Law, the Minister may, at any time, where the Minister
considers it right and proper to do so, cancel a licence to use explosives or
vary any conditions attached to such a licence.
(5) The Minister may, from
the time notice is given in pursuance of Article 11(1) of his or her
intention to cancel a licence to use explosives or to attach any condition to
such a licence or to vary any condition attached to such a licence, as the case
may be, prohibit or restrict the use of explosives by the holder of the licence
or by any person authorized by him or her, and such prohibition or restriction
shall, notwithstanding the provisions of Article 12(2), continue to take
effect until any appeal under Article 12 against the cancellation of the
licence or the condition attaching thereto or the variation of any condition
attached thereto, as the case may be, is abandoned or determined.
(6) The provisions of this Article
shall not apply to fireworks.
(7) Nothing in this Article
shall be taken to prohibit the use 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 or her duty as such.
6 Sale
or transfer of explosives
(1) No person shall
purchase, acquire or have in his or her possession any explosives unless he or
she is the holder of a licence granted to the person by the Minister
authorizing such purchase, acquisition or possession.
(2) In considering whether
to grant or refuse to grant a transfer licence, the Minister 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 Minister may attach
such conditions as the Minister thinks fit to the grant of a transfer licence.
(4) Subject to the
provisions of this Law, the Minister may at any time where the Minister
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),
who does not hold a transfer licence authorizing him or her to purchase or
acquire such explosives.
(6) The provisions of paragraph (1)
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 or her duty as such.
7 Conveyance
of explosives[6]
(1) No person shall convey
explosives except in accordance with a licence granted by the Minister.
(2) Subject to the
provisions of this Law, the Minister may refuse to grant a licence to convey
explosives if the Minister deems that it is in the best interests of the
community so to do.
(3) The Minister may attach
such conditions as the Minister thinks fit to the grant of a licence to convey
explosives.
(4) Subject to the
provisions of this Law, the Minister may, at any time, where the Minister
considers it right and proper to do so, cancel a licence to convey explosives
or vary any conditions attached to such a licence.
(5) The provisions of this Article
shall not apply to fireworks.
(6) Nothing in this Article
shall be taken to prohibit the conveyance 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 or her duty as such.
8 Fireworks
(1) No person shall sell
fireworks by retail except in accordance with a licence granted to the person
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 31st 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 States of Jersey Fire
and Rescue Service regarding the application generally.[7]
(4) A Connétable may
attach such conditions as he or she 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 or she
considers it right and proper to do so, cancel a fireworks licence or vary any
conditions attached to such licence.
9 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 Minister may from time to time determine.
10 Fees
There shall be payable on the grant or renewal of a licence such
fees as the Minister shall prescribe.
11 Notice
of refusal, cancellation etc.
(1) The Minister or a
Connétable as the case may be shall not –
(a) refuse
an application for a licence or the renewal of a licence;
(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 the Minister or the Connétable, as the case may be,
has given to the applicant or the holder of the licence, as the case may be,
not less than 7 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 Minister or the Connétable in writing that he or she
desires to do so, the Minister or the Connétable, before refusing or
cancelling the licence or attaching or varying the condition, will afford the
applicant or licence holder 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 Minister 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 or her, the Minister or the Connétable shall, within 7 days of
receiving such a request give to him or her a statement in writing of the
reasons for the decision.
12 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 15 days next following the day on which notice of
the decision of the Minister or the Connétable, was given to the person
under Article 11(2) or in the case of a condition attached on the grant or
renewal of a licence, within 15 days next following the day on which the person
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 Minister 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.
13 Inspection
(1) Any officer in an
administration of the States for which the Minister is assigned responsibility
may, subject to the production by the officer, if so required of evidence of the
officer’s 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 or on which explosives have been used or
are being used or are about to be used, and to require any person in occupation
thereof or employed therein to furnish to the officer such information in
relation to the premises or to any explosives therein or to the use of any
explosives thereon as may be reasonably necessary for the enforcement of the
provisions of this Law.[8]
(2) Any officer of the Committee,
any officer of the Impôts and any officer in an administration of the
States for which the Minister for Sustainable Economic Development is assigned
responsibility may, subject to the production by the officer of evidence of the
officer’s authority, board and inspect any ship or aircraft, or enter and
inspect any premises, in a harbour or at an airport, which the officer has
reasonable cause to believe contain explosives or on which explosives have been
used or are being used or are about to be used and to require any person in
charge thereof, employed therein or in occupation thereof, to furnish to the
officer such information in relation to the premises or to any explosives
therein or to the use of any explosives thereon as may be reasonably necessary
for the enforcement of the provisions of this Law.[9]
(3) Every person
who –
(a) obstructs
or impedes an officer in the exercise of any of the powers conferred by this Article;
(b) fails
or refuses to give an officer on demand any information which it is in his or
her 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 level 3 on the standard
scale.[10]
14 Power
to grant exemptions
(1) The Minister may, at
his or her absolute discretion, grant exemption from the operation of any of
the provisions of this Law, other than Article 8; 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.
15 Surrender
of licences
(1) Subject to the
provisions of Articles 11 and 12, any person to whom a licence has been
granted shall deliver the licence to the Minister or to the Connétable
as the case may be forthwith on notice being given to him or her 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 Minister or to a Connétable in accordance with paragraph (1)
shall be liable to a fine not exceeding level 2 on the standard scale and to a
further fine not exceeding level 1 on the standard scale for each day during
which the failure continues.[11]
16 Orders
(1) The Minister 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) [12]
17 Code
of requirements
(1) The Minister shall
prepare a code comprising such requirements and directions as appear to the
Minister 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 the Minister thinks
fit.
(2) The Minister shall
cause the code and any revision thereof to be printed and shall present the
same to the States for their information.
18 Offences[13]
Any person who
contravenes or fails to comply with any provision 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 the person shall be
liable –
(a) in the case of an
offence in relation to the sale of fireworks, to a fine; or
(b) in any other case, to
imprisonment for a term of 2 years and to a fine,
and the Court may order
the explosives to which the offence relates to be forfeited and destroyed or
disposed of in such other manner as it thinks fit.
19 Forfeiture
and destruction of explosives[14]
(1) A police officer or any
officer having a power of inspection under Article 13 may seize or detain
any explosives which the police officer reasonably suspects have been or will
be dealt with in any way contrary to this Law and such explosives shall be
liable to forfeiture.
(2) Any explosives seized
or detained under this Article may be stored pending the determination of their
liability to forfeiture and in such event, Article 4 shall not apply to
such storage.
(3) The Attorney General
may, at the request of the Minister and after having given notice to the owner
or other person who may have an interest in the explosives seized or detained,
bring proceedings in the Royal Court for the forfeiture of those explosives.
(4) Subject to paragraph (5),
where proceedings have been brought under paragraph (3), the Court may order
the explosives seized or detained to be forfeited and destroyed or disposed of
in such other manner as it thinks fit.
(5) No order shall be made
under paragraph (4) unless the Court, having given an opportunity for the
owner or other person who may have an interest in the explosives to show cause
why the order should not be made, is satisfied that the explosives were or were
to be dealt with in any way contrary to this Law.
20 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 or she 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.
21 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), any notice required by this Law to be given
to any person may be given –
(a) by
delivering it to that person;
(b) by
leaving it at the person’s proper address;
(c) by
registered post; or
(d) by
recorded delivery service.
(3) For the purposes of
this Article and of Article 7 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.
22 Saving
The provisions of this Law are in addition to, and not in derogation
of, the provisions of any other enactment.
23 Citation
This Law may be cited as the Explosives (Jersey) Law 1970.