THE EXPLOSIVES ACT No 26 OF 1956-TAKE NOTE-This law applies nationwide with no exceptions.

[Nat Quinn]

THE EXPLOSIVES ACT No 26 OF 1956
This law applies nationwide with no exceptions. It is unlawful to discharge any firework in any building, on any public thoroughfare or in any public place or resort without prior written permission of the local authority. (Section 10.34)

Section 10.35 relates to public displays of fireworks and states that no person may do so on any premises without the written permission of the Chief Inspector of Explosives (commonly known as “having a permit”). This written permission will stipulate conditions and any non-compliance with them is a criminal offence.

In terms of the Explosives Act, no person shall allow or permit any children under the age of 16 to handle or use fireworks except under the supervision of an adult person.

This Act is enforced by the South African Police Service (SAPS) not by the SPCA. Please report any offences to your nearest SAPS, giving as many details as you possibly can and quoting the Act name and number plus the relevant section as given above.

IGNORANCE OF THE LAW IS NO EXCUSE – PENALTIES ARE SEVERE
DO NOT BE AFRAID TO REPORT OFFENDERS

 

 

The Explosives Act, No. 26 of 1956, is a piece of legislation in South Africa that regulates the manufacture, possession, transportation, use, and disposal of explosives. Its primary purpose is to ensure safety in the handling and use of explosives, which can be hazardous if not properly controlled.

Here are some of the key aspects and provisions of the Act:

1. Regulation of Explosives

• The Act governs the manufacture, storage, transport, and use of explosives. This includes materials used in mining, construction, and other industries that rely on explosives for various processes.

2. Licensing Requirements

• Individuals or entities involved in the manufacture, possession, or handling of explosives must be licensed. This ensures that only authorized persons or organizations can access or deal with dangerous materials.

• There are strict criteria for granting these licenses, which include background checks, safety measures, and other regulations to prevent misuse.

3. Inspection and Compliance

• The Act grants authorities the power to inspect facilities, vehicles, and premises where explosives are stored or used to ensure compliance with safety standards.

• Inspectors are empowered to conduct investigations to determine whether explosives are being used or stored safely and within the bounds of the law.

4. Transportation of Explosives

• There are detailed provisions regarding the transportation of explosives, including the type of vehicles used, safety procedures during transit, and the necessary documentation. These measures are put in place to reduce the risk of accidents during the transport of hazardous materials.

5. Penalties for Non-compliance

• The Act outlines serious penalties for any violation of its provisions, including fines and imprisonment. This is to ensure strict compliance with safety regulations to avoid accidents or incidents involving explosives.

6. Explosives in Mining and Industry

• Given South Africa’s extensive mining industry, the Act places particular emphasis on the safe handling of explosives in mines, quarries, and construction sites. The use of explosives in these areas is a critical part of the industry, and ensuring that it is done safely is a priority.

7. Provisions for Accidents or Explosive Incidents

• The Act also addresses procedures in the event of accidents or incidents involving explosives. This includes reporting incidents to relevant authorities, investigating the causes, and taking corrective actions to prevent future occurrences.

8. International Standards and Alignment

• South Africa has, over the years, aligned the Explosives Act with international standards, particularly in relation to the safe transport and use of explosives, ensuring compliance with global best practices.

9. Amendments and Regulations

• Over time, the Explosives Act has been amended and supplemented with additional regulations to address emerging safety concerns and technological advances in explosives. Amendments are made to strengthen safety, compliance, and enforcement provisions.

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Key Sections of the Act:

Some of the key sections of the Explosives Act No. 26 of 1956 include:

• Section 2: Explosives to be controlled.

• Section 3: Licensing of persons and entities dealing with explosives.

• Section 6: Storage, handling, and transportation of explosives.

• Section 9: Powers of inspectors to enforce the provisions of the Act.

• Section 11: Penalties for non-compliance with the regulations.

Explosives Act, No. 26 of 1956 in South Africa does apply to fireworks, as they are classified as explosive materials. Fireworks contain explosives, pyrotechnic substances, and other chemicals that create their visual effects and loud sounds, and these substances are regulated under the Act to ensure safety in their manufacture, handling, storage, transport, and use.

How the Explosives Act Relates to Fireworks:

1. Classification of Fireworks as Explosives:
   Under the Explosives Act, fireworks fall under the category of “explosives” and are subject to similar regulations as other types of explosives. The Act recognizes the potential hazards associated with fireworks, particularly in public displays, retail sale, and private use.

2. Licensing and Permits:

   • Manufacturers and Sellers: Those involved in the manufacture, importation, and sale of fireworks must obtain the appropriate licenses and permits. The licensing process ensures that only authorized and qualified persons or entities can handle and sell fireworks.

   • Public Displays: Organizers of public firework displays (such as for festivals or New Year’s celebrations) are required to hold special permits. These displays must be conducted by licensed professionals who have received training in the safe handling of explosives.

3. Safety and Storage Regulations:

   • The Explosives Act outlines strict regulations for the safe storage and handling of fireworks to prevent accidents, theft, or misuse. For example, fireworks must be stored in secure, purpose-built facilities that are separate from other hazardous materials.

   • Retailers who sell fireworks are required to comply with these safety measures to minimize risks to both employees and customers.

4. Transportation of Fireworks:

   • Transporting fireworks in South Africa must adhere to specific regulations laid out in the Explosives Act. This includes using approved vehicles and following prescribed safety protocols to ensure that fireworks are safely transported without the risk of accidental detonation.

5. Public Use of Fireworks:

   • In many areas, the use of fireworks by the public is regulated to prevent accidents or disturbances. Local municipalities may have specific by-laws or restrictions that govern when and where fireworks can be used.

   • In some cases, the public use of fireworks may be banned or restricted, especially during times of high risk, such as in dry seasons when there is a danger of wildfires.

6. Penalties for Violations:

   • Just like other explosives, fireworks are subject to penalties if mishandled. Violations of the Explosives Act related to fireworks (e.g., illegal possession, improper storage, or unlicensed sale) can result in severe fines and even imprisonment, depending on the nature of the offense.

Key Regulations Specific to Fireworks:

While the Explosives Act provides a general framework for explosives, specific regulations regarding fireworks are often found in additional legislation and by-laws, such as:

• The Fireworks Regulations (often promulgated separately), which provide more detailed guidance on the sale, use, and safety standards for fireworks.

• Local Government By-laws: Municipalities may have their own regulations governing fireworks, such as restrictions on the times they can be sold or discharged, or specific safety standards for public displays.

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