Explosives Act, 1956 (Act No. 26 of 1956)

Explosives Regulations

Chapter 1 : Interpretation of Terms

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1.1In these regulations--

 

"Ammonium nitrate blasting agent"

shall mean an authorised explosive consisting of an intimate mixture of ammonium nitrate and non-explosive component parts;

 

"blasting cartridges"

shall mean an authorised explosive of any of the classes 1 to 4 when enclosed in any case or contrivance or otherwise adapted or prepared so as to form a cartridge for use in blasting operations;

 

"capped fuse"

shall mean a length of safety fuse to one end of which a detonator has been attached;

 

"detonator"

shall mean a capsule or case which is of such strength and construction, and contains an explosive of the fulminate class, with or without the addition of any of the explosives of classes 1 to 4, in such quantity that the explosion of one capsule or case will communicate the explosion to other like capsules or cases. The term "detonator" shall not include a percussion cap;

 

"detonating fuse"

shall mean a cord-like device used in blasting operations, containing an explosive which will explode at high velocity when suitably initiated by a detonator, such explosion initiating explosion in other lengths of detonating fuse or other explosives in close proximity;

 

"local authority"

shall mean any Municipal Council, Borough Council, Town Council, Village Management Board, Health Committee, Peri-Urban Areas Board or Divisional Council having jurisdiction over the area;

 

"master"

of a vessel shall include every person (except a pilot) having command or charge of a ship, boat or vessel;

 

"percussion cap"

shall mean a capsule or case of metal containing not more than 35 milligrams of explosive of the fifth (fulminate) class, the said explosive being covered and protected by a coating of tinfoil or other material approved by an inspector and the said capsule or case not containing an anvil: Provided that where the proportion of fulminate of mercury in the composition does not exceed 25 per cent, the above limit may be increased to 40 milligrams: Provided further that, the whole is of such strength and construction that the ignition of one such cap will not ignite other like caps;

 

"port captain"

shall mean the officer appointed by the South African Railways and Harbours Administration to take charge of the marine department for the control of a harbour or the officer acting as such for the time being;

 

"private use"

shall mean the use of explosives by individuals for a casual purpose not connected with any trade or business;

 

"public building"

shall mean a church, university, college or school, hospital, public institution, town hall, court of justice, covered market, theatre, concert or recreation hall, office building, work shop, sports ground stand and erections of a like nature where persons are accustomed to assemble: Provided that the buildings and erections shall not be regarded as public buildings if they are vacated by order of the Chief Inspector of Explosives during periods specified by him;

 

"safety fuse"

shall mean a fuse for blasting which burns and does not explode, and which does not contain its own means of ignition, and which is of such strength and construction, and contains an explosive in such quantity that the burning of such fuse will not communicate laterally with other like fuses;

 

"safety manager"

means a person appointed as such in terms of regulation 2.6.1;

 

"ship"

shall include every description of vessel used in sea, river or lake navigation irrespective of method of propulsion;

 

"slurry explosive"

shall mean an authorised explosive consisting of an intimate mixture of ammonium nitrate, water and non-explosive ingredients with or without any nitro-compound;

 

"storage underground"

shall mean storage in the workings in any mine, but shall not mean storage in any adit, tunnel or excavation, if such adit, tunnel or excavation does not communicate with any existing mine workings;

 

"the Act"

shall mean the Explosives Act, 1956 (Act 26 of 1956), and any term defined in and for the purposes of the Act, shall bear the same meaning in these regulations as is assigned to it in the Act;

 

"transport by rail"

shall mean transport over railway lines, whether public or private;

 

"transport by road"

shall mean transport other than over railway lines, in a vehicle propelled by hand or by animal power, or by mechanical power and also transport by pack animal or carrier;

 

"wharf"

shall mean a wharf, quay, dock or premises in or upon which any goods, when landed from ships, may be lawfully placed; and

 

"Republic"

shall mean the Republic of South Africa and the Territory of South West Africa.

 

Classification of Explosives

 

1.2Explosives are divided into eight classes, as follows:

 

Class 1. - Gunpowder class.

Class 2. - Nitrate mixture class.

Class 3. - Nitro-compound class.

Class 4. - Chlorate mixture class.

Class 5. - Fulminate class.

Class 6. - Ammunition class.

Class 7. - Fireworks class.

Class 8. - Miscellaneous class.

 

1.3When an explosive falls within the description of more than one class, it shall be deemed to belong exclusively to the class with the highest number.

 

Class 1. - Gunpowder Class

 

1.4The term "gunpowder" shall include blasting powder and shall mean exclusively gunpowder ordinarily so-called, consisting of an intimate mixture of saltpetre (potassium nitrate), sulphur and charcoal, such saltpetre not containing as an impurity perchlorate of potash in greater quantity than 1 per cent.

 

Class 2. - Nitrate Mixture Class

 

1.5The term "nitrate mixture" shall mean any preparation. other than gunpowder, formed by the mechanical mixture of a nitrate with any form of carbon or with any carbonaceous substance not possessed of explosive properties whether or not the preparation contains sulphur, and whether or not such preparation is mechanically mixed with any other non-explosive substance, The nitrate mixture class shall comprise such explosives as Anfex and explosives containing a perchlorate and not included in Class 3, Class 4 or Class 5.

 

Class 3. - Nitro-Compound Class

 

1.6The term "nitro-compound" shall mean any chemical compound that has explosive properties, or is capable of combining with metals to form an explosive compound, and which is produced by the chemical action of nitric acid (whether mixed or not with sulphuric acid) or of a nitrate mixed with sulphuric acid upon any carbonaceous substance, whether such compound is mechanically mixed with other substances or not.

 

The nitro-compound class shall consist of two divisions:

Division 1 shall comprise such explosives a dynamite, blasting gelatine, cordite, dynagel, gelignite, monobel, ajax, saxonite, freflo, and any chemical compound or mechanically mixed preparation that consists either wholly or partly of nitroglycerine, or of some other liquid nitro-compound.

Division 2 shall comprise such explosives as gun-cotton, nitro-cotton picrates, picric acid, trinitrotoluene, slurry explosives such as Sinex and any nitro-compound that is not included in Division 1.

 

Class 4. - Chlorate Mixture Class

 

1.7The term "chlorate mixture" shall mean any explosive containing a chlorate.

The chlorate mixture class shall consist of two divisions:

Division 1 shall comprise any chlorate preparation which consists partly of nitro-glycerine or of some other liquid nitro-compound.

Division 2 shall comprise any chlorate mixture that is not included in Division 1.

 

Class 5. - Fulminate Class

 

1.8The term "fulminate" shall mean any chemical compound or mechanical mixture, whether included in the foregoing classes or not, that by reason of its great susceptibility to detonation is suitable for employment in percussion caps or any other appliance for developing detonation, or that by reason of its extreme sensitiveness to explosion and its great instability (that is to say readiness to undergo decomposition from very slight exciting causes) is especially dangerous.

The fulminate class shall consist of two divisions:

Division 1 shall comprise such compounds as the fulminates of silver and mercury, and preparations of these substances; any preparations consisting of a chlorate with phosphorus or certain descriptions of phosphorus compounds, with or without the addition of carbonaceous matter; and any preparation consisting of a chlorate mixed with sulphur or with sulphide, with or without carbonaceous matter.

Division 2 shall comprise such substances as the chloride and the iodide of nitrogen, fulminating gold and silver, lead azide and lead styphnate.

 

Class 6. - Ammunition Class

 

1.9The term "ammunition" shall mean an explosive of any class when enclosed in any case or contrivance or otherwise adapted or prepared so as to form a cartridge or charge for small arms, cannon, or any other weapon, or for blasting, or to form any safety or other fuse for blasting or for shells, or to form any tube for firing explosives or to form a percussion cap, a detonator, a shell, a torpedo, a war rocket, a railway detonator (fog signal) or other contrivance other than a firework. The ammunition class shall contain three divisions:

Division 1 shall comprise exclusively safety cartridges, safety fuses for blasting. railway detonators (fog signals) and percussion caps.

Division 2 shall comprise urn ammunition that does not contain its own means of ignition, such as cartridges and charges for cannon, shell, mines, or ether like purpose, electric fuses, electric printers, fuse lighters, instantaneous fuse and war rockets, if such rockets do not contain their own means of ignition.

Division 3 shall comprise any ammunition that contains its own means of ignition, and is not included in Division 1. such as detonators, percussion caps not included in Division 1, friction tubes, percussion primers, fuses for shell f such as time and percussion fuses), if such fuses contain their own means of ignition.

Note - Ammunition containing its own means of ignition shall mean ammunition that has an arrangement, whether attached to it or forming part of it, that is adapted to explode or fire it by friction or percussion.

 

Class 7. - Fireworks Class

 

1.10The term "firework" shall comprise firework composition and manufactured fireworks.

The fireworks shall consist of two divisions:

Division 1 shall comprise firework composition, which term shall mean any chemical compound or mechanically mixed preparation of an explosive or inflammable nature that is used for the purpose of making manufactured fireworks and is not included in any other class of explosive, and also any star and any coloured fire composition that is not included in Division 2.

Division 2 shall comprise manufactured fireworks, which term shall mean an explosive of any class and any firework composition, when such explosive or composition is enclosed in any ease or contrivance, or is otherwise manufactured or adapted for the production of pyrotechnic effects or pyrotechnic signals or sound signals, such as flights of rockets, mines, rockets, serpents, shells, rocket distress signals, Very’s signals, wheels and coloured fire compositions when such compositions are of a nature not liable to spontaneous combustion, and in a quantity not exceeding 500 grams enclosed in a substantially constructed, hermetically closed metal case.

Note - Manufactured fireworks that are not liable to explode violently and which do not contain their own means of ignition shall be classed as "Shop Goods", such as firework showers, flashlight powders, fountains, golden rain, gerbs, lawn lights, pin wheels, devil-among-tailors, Roman candles, sparklers, toy caps, volcanoes, Chinese crackers when the length does not exceed 80 millimetres and the diameter 15 millimetres, and mines, Jack-in-the-boxes and Feu de Joie, not exceeding 500 grams gross mass and rockets not exceeding 120 grams.

 

Class 8. - Miscellaneous

 

1.11This class shall comprise miscellaneous materials not included in any of the other classes, which have been declared explosives, e.g. matches, Bengal matches, chlorates, ammonium nitrate.

 

Categories of Explosives

 

1.12For the purpose of Safety Distances in connection with the issue of licences for factories and magazines, all authorised explosives shall be categorised either X, Y, Z or ZZ. These categories shall be defined as follows:

 

Category X.Explosives having fire or slight explosion risk or both, with only local effect.
Category Y.Explosives having mass fire risk, or moderate explosion risk, but not mass explosion risk.
Category Z.Explosives having mass explosion risk with serious missile effect.
Category ZZ.Explosives having mass explosion risk with minor missile effect.