✨ Explosives Regulations
July 30.] THE NEW ZEALAND GAZETTE. 2939
in or about such factory or magazine; and he may enter, inspect, and examine any licensed premises and any part thereof in which any explosive is kept at all reasonable times by day; and
(b.) He may require the occupier of any factory, magazine, or licensed premises which he is entitled under this section to enter, or a person employed by such occupier therein, and every person shipping, transshipping, or discharging from any vessel, conveying in any boat or carriage, storing, keeping, or manufacturing any explosive, to open or cause to be opened for the purpose of examination any or every case or package, to give him samples of any explosive or ingredients of an explosive therein, or any substance therein the keeping of which is prohibited, restricted, or regulated by or under the said Act, or of any substance therein which he believes to be an explosive or such ingredients or substance.
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The occupier of every such factory, magazine, and licensed premises, and his agents and servants, shall furnish the means required by the said Inspector as necessary for every such entry, inspection, examination, and inquiry.
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Any person who fails to permit such Inspector to enter, inspect, examine, or make inquiries in pursuance of these regulations, or to comply with any requisition of such Inspector in pursuance of these regulations, or in any manner obstructs such Inspector in the execution of his duties under these regulations shall be liable to a penalty not exceeding £50 for each offence.
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If in any matter an Inspector of Explosives finds any factory, magazine, licensed premises, or any part thereof, or any thing or practice therein or connected therewith to be unnecessarily dangerous or defective so as in his opinion to tend to endanger the public safety or the bodily safety of any person, such Inspector shall require the occupier to remedy the same.
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If the occupier fails to comply with the requisition within twenty days he shall be liable to a penalty not exceeding £20 for every day during which he fails to comply.
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Provided that the Court, if satisfied that the occupier has taken active measures for complying with the requisition, but has not with reasonable diligence been able to complete the works, may adjourn the proceedings taken before the Court for punishing such failure, and if the works are completed within a reasonable time in the opinion of the Court no penalty shall be inflicted.
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In the case of explosives being found by an Inspector to have deteriorated in quality, or suffered chemical change, or become otherwise damaged by long storage, heat, damp, or any other cause affecting their safety or value as explosives, the Inspector shall seize and detain such explosives, and after notifying the owner thereof, and subject to the approval of the Minister, remove such explosives from the danger building or other place or receptacle in which they are contained, and at the cost in all things of the owner at once destroy or cause to be destroyed all explosives so condemned; and the owner thereof shall have no claim against the Minister for the value of the explosives so destroyed.
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In the event of any explosives, whether stored in a public or private magazine, or a factory or licensed premises, or in the keeping of any person for his own use, being found to be damaged or for any reason unfit or unsafe for use, the owner of such damaged explosives shall at once notify an Inspector of Explosives thereof, who shall himself take immediate steps for the destruction or safe disposal thereof, or instruct some competent person to do so, at the cost in all things of the owner.
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If in any matter which is not provided for by express condition or provision of any license or of these regulations an Inspector of Explosives finds any thing or practice in connection with the manufacture, storage, transport, sale, or use of explosives which in his opinion is unnecessarily dangerous or defective, or tends to endanger the public safety or the bodily safety of any person, such Inspector shall require the person to whom the license is issued or under whose authority the conditions referred to exist to remedy the same at once and without delay, and if such person neglect to do so such neglect shall be deemed a breach of these regulations.
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In any case where an Inspector of Explosives acting under the authority of the said Act or these regulations seizes or detains any explosive or any ingredient of an explosive, or any substance reasonably supposed to be an explosive or such ingredient, the following provisions shall have effect:—
(a.) Such Inspector may require the occupier of the place in which it is seized (whether a building or not, or a carriage, boat, ship, or lighter) to detain the same in such place, or in any place under the control of such occupier, or may remove it in such manner and to such place as will in his opinion least endanger the public safety and there detain it; and any such occupier who, by himself or by others, fails to keep the same when he is so required in pursuance of this regulation, and such occupier or other person who, except with the authority of an Inspector of Explosives or in the case of emergency for the purpose of preventing explosion of fire, removes, alters, or in any way tampers or deals with the same while so detained shall be liable to a penalty not exceeding £50.
(b.) The receptacles containing the same may be seized, detained, and removed in like manner as the contents thereof.
(c.) The Inspector seizing the same may use, for the purpose of the removal and detention thereof, any ship, carriage, boat, or lighter in which the same was seized, and any tug, tender, engine, tackle, beasts, and accoutrements belonging to, drawing, or provided for drawing such ship, lighter, boat, or carriage, and shall pay to the owner a reasonable compensation for such use.
- Every Inspector may exercise his functions and powers throughout New Zealand: Provided that, without limiting the operation hereof, the Minister may assign specific ports or localities in which Inspectors shall act, and may restrict the duties of any Inspector to the performance of certain of the functions of an Inspector only.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 69
NZLII —
NZ Gazette 1914, No 69
✨ LLM interpretation of page content
⚖️
Regulations under the Explosive and Dangerous Goods Act, 1908
(continued from previous page)
⚖️ Justice & Law Enforcement27 July 1914
Explosives, Regulations, Dangerous Goods, Inspection, Safety, Penalties