EXPLOSIVES: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Explosives Regulations

EXPLOSIVES REGULATIONS

(section 4)

(18th December, 1970)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

   3.   Dangerous or defective practices

   4.   Railway regulations and bye-laws not affected

   5.   Establishment of Central Explosives Registry

PART II
Powers of Inspectors

   6.   Power of entry and search

   7.   Power to issue directions

PART III
Importation of Explosives

   8.   Import permit

   9.   Duties of holder

   10.   When the holder is manager of a mine

PART IV
Manufacture of Explosives

   11.   Licence to manufacture explosives

   12.   Places of manufacture

   13.   Manufacture to be under supervision of a responsible person

   14.   Spillage of explosives

   15.   Tools and implements

   16.   Repairs and alterations to premises

PART V
Conveyance Overland

   17.   Removal to magazine on importation by land

   18.   Care in loading, unloading and storing

   19.   Detonators

   20.   Prohibition of conveyance of explosives in certain vehicles

   21.   Permit required for all vehicles carrying explosives in bulk

   22.   Protection of explosives from fire

   23.   Red flag

   24.   Speed of vehicle

   25.   Smoking prohibited

   26.   Care in transit

   27.   Explosives in or near dwelling-houses

   28.   Carriers of explosives

PART VI
Storage of Explosives

   29.   Storage

   30.   Magazine and boxes to be kept locked

   31.   Storage in magazine

   32.   Care in storage box

   33.   Naked lights, matches or smoking, electric torch

   34.   Electrical wiring in magazine

   35.   Electrical switches and fuses

   36.   Power lines

   37.   Cultivation

   38.   Repairs

   39.   Broken cartridges

   40.   Register of explosives

   41.   Destruction by order

   42.   Inspection

   43.   Disposal of explosives on closing of mine, magazine, etc.

   44.   Detonators stored apart

   45.   Posting of Regulations in magazines

   46.   Licensed magazine: general conditions

   47.   Revocation of licence

   48.   Licence fee

   49.   Licensed magazines: requirements

   50.   Construction of licensed magazine

   51.   Requirements of licensed magazine

   52.   Danger notice

   53.   Alterations to magazine

   54.   Safety precautions relating to footwear

   55.   Partitions and shelves of licensed magazine

   56.   Temperature of licensed magazine

   57.   Fire extinguisher in licensed magazine

   58.   Drains of licensed magazine

   59.   Earthen mound surrounding licensed magazine

   60.   Maintenance of mound surrounding licensed magazine

   61.   Fencing of licensed magazine

   62.   Distance of licensed magazines from other magazines, etc.

   63.   Protection against lighting

   64.   Watchman at licensed magazine

   65.   Underground magazine

   66.   Portable magazine

   67.   Authorized underground storage boxes

   68.   Authorized surface storage boxes

PART VII
Purchase or Acquisition of Explosives

   69.   Acquisition of explosives

   70.   Permit to purchase, acquire and possess

   71.   Written authority

PART VIII
Sale of Explosives

   72.   Licence to sell explosives

   73.   Duties of licence holder

PART IX
Unlawful Possession, Hiding and Abandoning of Explosives

   74.   Thefts and losses

   75.   Tampering with locks of magazines and storage boxes

   76.   Hiding or abandoning of explosives

PART X
Use of Explosives

   77.   Use

   78.   Blasting by subordinates

   79.   Endorsement of blasting licence for operations underground or in fiery mine

   80.   Appointment of Board of Examiners

   81.   Membership of Board

   82.   Allowances and travelling expenses of Board

   83.   Form of application for blasting licence

   84.   How application to be made

   85.   When application to be granted

   86.   Grant of blasting licences to certain persons by Chief Inspector of Explosives

   87.   Application for restricted blasting licences

   88.   How application to be made

   89.   Issue of restricted blasting licences

   90.   Negligence by holder of blasting licence

   91.   No transfer of blasting licence, etc.

   92.   Signing

   93.   Assistance to blasting licence holder

   94.   Lowering explosives in shafts

   95.   Notice to engine driver

   96.   Conveyance of explosives in shaft

   97.   Storage of types of explosives

   98.   Method of carrying explosives

   99.   Carrying a light near explosives forbidden

   100.   Smoking when handling explosives

   101.   Fastening detonators to fuse

   102.   Preparation of primer cartridges

   103.   Removal of plugs

   104.   Removal of tamping

   105.   Blown out explosives not to be used again

   106.   Opening boxes of explosives

   107.   No person to work in gas or fumes

   108.   Insertion of fuses

   109.   Deepening of holes that have contained explosives forbidden

   110.   Distance of drilling from a socket

   111.   Misfired holes

   112.   Accidents resulting from explosives

PART XI
Duties of Blasting Licence Holder

   113.   Cleaning holes before charging them

   114.   Paper wrapping not to be removed

   115.   Tamping

   116.   No tamping between cartridges

   117.   Tamping rods

   118.   Safety of gangs of workmen

   119.   Warning

   120.   Guarding approaches when blasting

   121.   Multiple charges

   122.   Misfires

   123.   Reporting misfires and explosives not in storage

   124.   No explosives near drilling operations

   125.   Special duties of blasting licence holders

   126.   Capping of fuses

   127.   Storage 10 metres apart

   128.   Locking of boxes and keys

   129.   No storage of other materials with explosives

   130.   Inflammable material with explosives

   131.   Time of charging

PART XII
Duties of Miner in Charge who is a Blasting Licence Holder

   132.   Safe disposition of workmen

   133.   Responsibility for safety of others

   134.   Examination of working places and washing down faces

   135.   Washing or scraping faces

   136.   Responsibility for safety of working places when taken over from another person

   137.   Duties before commencing to drill

   138.   Marking position of holes

   139.   Provision of whistles

PART XIII
Special Provisions in regard to Explosives in Mines

   140.   Storage in mines

   141.   Blasting in mines

   142.   Mine precautions

PART XIV
Further Provisions in regard to Explosives in Fiery and Coal Mines

   143.   Permitted explosives in fiery mine

   144.   Permitted explosives in dry and dusty coal mines

   145.   Prohibition on firing when inflammable gas present

   146.   Examination with flame safety lamp

   147.   Electrical tests

   148.   Firing charges in fiery mines, etc.

   149.   Blasting permitted in development drive

   150.   Examination after dyke driven through

   151.   Misfired holes in non-fiery coal mines

   152.   Misfired holes in fiery coal mines

PART XV
Offences and Penalties

   153.   Offences and penalties

      First Schedule - Forms

      Second Schedule - Explosives Permits

      Third Schedule - Table Showing Safe Distances

      Fourth Schedule - Permitted Explosives in Fiery Mines

S.I. 106, 1970,
S.I. 36, 1979,
S.I. 55, 1988,
S.I. 2, 2008.

PART I
Preliminary
(regs 1-5)

1.   Citation

   These Regulations may be cited as the Explosives Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "assistant inspector" means any person appointed as an assistant inspector of explosives in terms of section 3 of the Act and includes an inspector;

   "authorized person" means any person authorized in writing by the holder or deputy to carry out such duties as may be assigned to such persons in conformity with any regulations applicable thereto:

   Provided that such designation and authority shall apply only until cancelled or withdrawn by the holder or the Chief Inspector of Explosives;

   "blasting licence holder" means a person who holds a valid blasting licence issued in accordance with regulation 85 or 86;

   "Chief Inspector of Explosives" means the person appointed as such under section 3 of the Act;

   "deputy" means a person appointed in writing by the holder to assist him in the appointment of authorized persons and such deputy must have a thorough knowledge of the capabilities and competency of any person so to be appointed;

   "fiery mine" means a mine in which inflammable gas of dangerous limits has been found or any mine which an inspector has by notice in writing addressed to the manager of such mine declared to be subject to the regulations prescribed for fiery mines:

   Provided that at any mine in which inflammable gas is only occasionally found, the inspector may in his discretion exempt any ventilating district from all or any of the regulations prescribed for fiery mines;

   "firework" includes any explosive such as amorces, bengal matches, confetti bombs (joke bombs), electric sparklers (aluminium or magnesium torches), explosive corks, snaps for bon-bon crackers, and other manufactured fireworks and all signal rockets, Very signal cartridges and any other pyrotechnic articles for signalling and life-saving;

   "holder" means a person having authority to import or to possess explosives under the provisions of the Act and these Regulations and, in the case of a company having such authority, means the manager of such company;

   "inspector" means any person appointed as an inspector of explosives under section 3 of the Act;

   "magazine" means any building or structure licensed or authorized under these Regulations for the storage of explosives;

   "mine" means any working made for winning minerals or quarrying stone;

   "misfire" means a charge of explosive which has failed to explode either wholly or in part;

   "misfired hole" means a hole charged with explosive which has failed to explode wholly or in part;

   "quarterly return" means a return due on 31st March, 30th June, 30th September and 31st December in each year;

   "Railway" means the Botswana Railways established under the Botswana Railways Act;

   "restricted blasting licence holder" means a person who holds a restricted blasting licence issued by an assistant inspector under regulation 89;

   "subordinate" means any person who is under the direction, supervision or control of another person.

3.   Dangerous or defective practices

   (1) An assistant inspector may by requisition in writing draw the attention of the holder to any practice not specifically dealt with in these Regulations which appears to be of a dangerous or defective character and he may issue such order with regard to the cessation or modification of such practice as he may think fit and the holder shall comply therewith.

   (2) It shall be competent for the holder, on receiving such orders, to submit his objections to such orders in writing to the Chief Inspector of Explosives and for the Chief Inspector of Explosives to modify or withdraw such orders.

4.   Railway regulations and bye-laws not affected

   Except in so far as other provisions are expressly made in these Regulations nothing contained herein shall affect the provisions of any regulations or bye-laws made by the Railway in regard to the carriage and storage of explosives.

5.   Establishment of Central Explosives Registry

   (1) There is hereby established a Central Explosives Registry for the purposes of receiving and collecting the information to be furnished in the returns required to be sent under regulations 40 and 73.

   (2) All communications to the Central Explosives Registry should be addressed to the Officer-in-Charge, Central Explosives Registry, Private Bag 0049, Gaborone.

PART II
Powers of Inspectors
(regs 6-7)

6.   Power of entry and search

   (1) An assistant inspector may, for the purpose of ascertaining whether any contravention of these Regulations is occurring-

   (a)   at any hour of the day or night, enter any premises or place where explosives are manufactured, stored, kept or used;

   (b)   take samples of explosives or of any substance which he has reasonable cause to believe are explosives in the possession of any person;

   (c)   require the occupier or owner of any magazine or store or any place where explosives are kept or the person in charge of such explosives to give such information as he may reasonably require; and

   (d)   stop and examine any vehicle which he has reasonable grounds for believing is being used for the conveyance of explosives.

   (2) An assistant inspector may, at any hour of the day or night, enter any premises or place if he has reasonable grounds to suspect that any offence against these Regulations is being committed thereon.

7.   Power to issue directions

   (1) An inspector may issue directions in writing to any person in charge of explosives requiring him to do any act in relation to such explosives which may be necessary in the interests of safety.

   (2) Any person so directed who fails to carry out such directions shall be guilty of an offence.

PART III
Importation of Explosives
(regs 8-10)

8.   Import permit

   (1) No person shall import into Botswana any explosives other than fireworks imported from the Republic of South Africa, Namibia, Zimbabwe or Zambia unless at the time of importation or prior thereto he has obtained a permit in Form B in the First Schedule hereto:

   Provided that transit of explosives by rail from a place outside Botswana through Botswana directly to another place outside Botswana shall not be deemed to be importation.

   (2) A permit to import explosives shall be obtained in the manner prescribed in the Second Schedule, and shall be deemed to be a permit to possess the explosives so imported.

   (3) The Chief Inspector of Explosives at his discretion may issue to any owner of a licensed magazine a general authority to import, possess and dispose of explosives, subject to such conditions as the Chief Inspector of Explosives may impose.

   (4) The Chief Inspector of Explosives may at any time revoke such authority.

   (5) The Chief Inspector of Explosives shall notify the Officer-in-Charge of the Central Explosives Registry of all permits issued by him under subregulation (2).

   (6) No permit shall be issued under the provisions of this regulation authorizing the importation of explosives intended or adapted for military use except upon the written authority of the Minister, and no permit issued under this regulation shall be deemed to authorize such importation unless the authority of the Minister has been so obtained.

   (7) Every such holder of a permit shall forward at the time of importation to the Officer-in-Charge, Central Explosives Registry, Private Bag 0049, Gaborone, a copy invoice of every consignment of explosives so imported.

9.   Duties of holder

   (1) Whenever the manager, agent or servant of a holder does or omits to do anything in contravention of these Regulations, such holder shall be deemed himself to have contravened such provision, and shall be responsible for such act or omission and be liable, if any penalty is prescribed therefor, to such penalty, unless he proves to the satisfaction of the court that-

   (a)   in doing or omitting to do such thing, such manager, agent or servant was acting without his connivance or permission;

   (b)   all reasonable steps were taken by him to prevent any act or omission of the kind in question; and

   (c)   it was not under any condition, or in any circumstances, within the scope of the authority, or the course of the employment, of the manager, agent or servant, to do or omit to do acts, whether lawful, of the kind in question:

   Provided that the fact that the holder issued instructions forbidding any act or omission of the kind in question shall not, of itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

   (2) Whenever a holder is, by virtue of the provisions of subregulation (1) liable for anything done or omitted by another person, such person shall also be liable therefor as if he were the holder:

   Provided that the provisions of this regulation shall not relieve such other person from any other liability which he may have incurred apart from the liability which he shares with the holder.

   (3) The holder shall report in writing to the Chief Inspector of Explosives any contravention in relation to any permit held by him, or any provision of these Regulations.

   (4) Such report shall be made as soon as may be practicable after the occurrence of such contravention.

   (5) The holder shall keep a register in which he shall enter full particulars of any contravention of these Regulations.

   (6) Such register shall be open to inspection at any time by an assistant inspector.

10.   When the holder is manager of a mine

   (1) When the holder is the manager of a mine, he may appoint one or more competent persons to assist him in enforcing the provisions of these Regulations and such persons shall have the same responsibility under these Regulations as the holder for such portion of the mine as his letter of appointment shall specify, but the appointment of such persons shall not be taken to relieve the holder of his personal responsibilities under these Regulations.

   (2) Any appointment made under subregulation (1) shall be in writing and shall clearly define the portions of the mine assigned to the person so appointed.

   (3) A copy of the letter of appointment referred to in subregulation (2) shall be forwarded forthwith to the Chief Inspector of Explosives by registered post or served on him personally.

   (4) Any appointment made under subregulation (1) may be cancelled at any time by the holder.

   (5) Such cancellation shall be in writing and a copy of the letter of cancellation shall be forwarded forthwith to the Chief Inspector of Explosives.

PART IV
Manufacture of Explosives
(regs 11-16)

11.   Licence to manufacture explosives

   (1) Subject to regulation 13, no person shall manufacture explosives unless authorized by licence issued by the Chief Inspector of Explosives.

   (2) Such licence shall be in Form C in the First Schedule and such special conditions shall be inserted therein as the Chief Inspector of Explosives shall deem necessary or desirable in the interests of the safety of life and property.

   (3) A licence issued under this regulation shall expire on 31st December following the date of issue.

   (4) The licence may be revoked or amended by the Chief Inspector of Explosives at any time at his discretion by notice in writing, addressed to the licence holder.

   (5) The fee payable on the issue of such licence shall be P100 in the case of explosives manufactured in a factory or fixed plant and P50 for all other modes of manufacture.

12.   Places of manufacture

   Places of manufacture shall be isolated from inhabited buildings, railways, public roads and airports at safety distances to be approved by the Chief Inspector of Explosives.

13.   Manufacture to be under supervision of a responsible person

   The process of manufacture of explosives in respect of which a licence under regulation 11 has been issued shall only be carried out under the immediate supervision of the licence holder or some responsible person appointed in writing for that purpose by the licence holder.

14.   Spillage of explosives

   During the manufacture of explosives or the mixing of explosive ingredients all due care must be taken to guard against spillage.

15.   Tools and implements

   All tools and implements used in the manufacture of explosives shall be made only of wood, copper, brass or other non-ferrous material approved by the Chief Inspector of Explosives.

16.   Repairs and alterations to premises

   Before any repairs or alterations to buildings, plant or machinery where the manufacture and mixing of explosive ingredients is carried out, the person in charge shall-

   (a)   remove all bags, barrels, boxes or other receptacles for explosive and ingredients for explosive to a place of safety;

   (b)   thoroughly clean all machines, hoppers, cupboards and other fixed containers for explosive and remove any adhering explosive; and

   (c)   treat all buildings, plant or machinery with water, solvent or an explosive destroying agent for the particular purpose.

PART V
Conveyance Overland
(regs 17-28)

17.   Removal to magazine on importation by land

   (1) No person shall convey or allow any subordinate to convey explosives overland otherwise than in accordance with these Regulations except with the special permission in writing of an assistant inspector.

   (2) Unless an assistant inspector otherwise directs, all explosives when first imported, in whatever manner, shall immediately after being unloaded be conveyed to magazines or direct to their proper destination in the charge of an authorized person.

   (3) During conveyance overland explosives shall always be in the charge of an authorized person, and at resting places they shall be under the care of a watchman by day and night.

18.   Care in loading, unloading and storing

   While the loading on or unloading from any vehicle or the conveyance, handling, storing, guarding or using of explosives is being carried out, all persons so engaged shall take all due precautions for the prevention of accidents by fire, explosion or concussion and for preventing unauthorized or incompetent or unfit persons from having access to the explosives and shall abstain from any act which tends to cause fire, explosion or concussion and is not reasonably necessary in connection with such operations and shall use every reasonable endeavour to prevent any other person from committing such act and any other person who, after being warned, commits any such act shall be deemed to have contravened the provisions of this regulation.

19.   Detonators

   No person shall convey or allow any subordinate to convey detonators in the same vehicle with other explosives:

   Provided that this regulation shall not apply to the conveyance of detonators in the same vehicle with other explosives if the total number of detonators does not exceed 2000 in all and the following conditions as to packing are complied with-

   (a)   the detonators shall be packed in inner packages with sawdust and felt in a strong case, which case shall be packed in a strong outer case with sawdust, straw or other similar material and so secured that a space of not less than 7.5 mm is left between the outside of the inner case and the inside of the outer case; and

   (b)   the case containing detonators shall be stowed in the vehicle as far away from other explosives as is reasonably practicable.

20.   Prohibition of conveyance of explosives in certain vehicles

   (1) No person shall convey or allow any subordinate to convey explosives in any vehicle which is at the same time being used for the conveyance of passengers or mails and, except with special permission in writing of an assistant inspector, no explosives shall be conveyed on the same vehicle with goods of a dangerous character such as gunpowder, inflammable material, acids, chemicals, compressed gases, fireworks, forage, fuse-lighters, matches or parts thereof, metal implements such as tools, plough-shares, iron standards and the like or any other articles or material having exposed iron or steel.

   (2) The conveyance of explosives by aircraft is prohibited except with the written permission of the Director of Civil Aviation and subject to such conditions as he may impose.

21.   Permit required for all vehicles carrying explosives in bulk

   (1) No person shall convey more than 50 kilograms of fracture explosives or 500 detonators in any vehicle unless he is in possession of a permit in Form D in the First Schedule issued by an assistant inspector in respect of such vehicle.

   (2) Such a permit shall be valid for such period not exceeding six months as the assistant inspector shall signify in such permit and shall not be issued until the assistant inspector has inspected the vehicle, or caused it to be inspected, and has satisfied himself that it is in a serviceable condition.

22.   Protection of explosives from fire

   If any explosives are not effectively protected by being conveyed in the interior of a vehicle which is enclosed on all sides with wood or metal, from accident by fire from without, they shall be completely covered with painted cloth, tarpaulin or other suitable material, so as effectually to protect it against fire.

23.   Red flag

   Every vehicle used for the transport of explosives shall have affixed to it at each side, so as to be distinctly visible from the front and rear, a red flag at least 450 mm square.

24.   Speed of vehicle

   No person shall drive or allow any subordinate to drive any road vehicle conveying explosives at a speed exceeding 45 kilometres per hour.

25.   Smoking prohibited

   No person shall smoke or allow any subordinate to smoke whilst conveying explosives or whilst on, in or attending any vehicle containing explosives or whilst acting as watchman over explosives.

26.   Care in transit

   In the conveyance of explosives the person in charge shall proceed with all due diligence at all times to the proper destination and on arriving thereat shall, unless an assistant inspector otherwise directs, immediately store the explosives in magazines or authorized storage boxes as laid down in these Regulations.

27.   Explosives in or near dwelling-houses

   (1) No person shall keep or allow any subordinate to keep explosives in any building used at the same time as a dwelling-place:

   Provided that explosives in quantities not exceeding five kilograms in weight, may, with the permission in writing of an assistant inspector, be so kept.

   (2) At resting places on overland journeys explosives shall be placed on the outskirts of towns and villages and at a reasonable distance from any dwelling.

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