Explosives Act, 2003 (Act No. 15 of 2003)1. Definitions |
In the Act, unless the context indicates otherwise :
means any explosives listed in the regulations as an authorised explosive;
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
means any person who acts for others in negotiating or arranging contracts in respect of purchases, sales or the transfer of explosives in return for a fee, commission or other consideration;
means the Chief Inspector of Explosives appointed by the Minister in terms of section 4(1);
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
means the United Nations Convention on the Marking of Plastic Explosives for the Purpose of Detection (Montreal Convention), 1991, as set out in Schedule 3;
means any detection agent included in the Technical Annex to the Convention;
means the initiation of an explosive by means of a detonator, shockwave or other means of initiation;
means a chemical reaction involving a rapid production of gases at such a speed, temperature and pressure as is likely to cause damage to the surroundings;
means—
| (a) | a substance, or a mixture of substances, in a solid or liquid state, which is capable of producing an explosion; |
| (b) | a pyrotechnic substance in a solid or liquid state, or a mixture of such substances, designed to produce an effect by heat, light, sound, gas or smoke or a combination of these, as the result of non-detonative self-sustaining exothermic chemical reaction, including pyrotechnic substances which do not evolve gases; |
| (c) | any article or devise containing one or more substances contemplated in paragraph (a); |
| (d) | any plastic explosive; or |
| (e) | any other substance or article which the Minister may from time to time by notice in the Gazette declare to be an explosive; |
means any building or part thereof, or any structure, licensed under this Act for the storage of explosives;
means any site licensed under this Act for the manufacture of explosives;
means any pyrotechnic substance contemplated in paragraph (b) of the definition of "explosives", which –
| (a) | is manufactured for the purposes of amusement or entertainment; and |
| (b) | is divided in such classes as may be prescribed; |
in respect of an explosive, means anything that has the appearance of an explosive, but which is not capable of operating as such and cannot by superficial examination be identified as an imitation;
means any inspector of explosives appointed under section 4(2);
means the making or processing of any explosive, and includes the division of any explosive into its components by any process, the conversion of any kind of explosive into another kind and the alteration, testing or reworking of any explosive;
in relation to a plastic explosive, means the introduction of a detection agent into the plastic explosive in accordance with the Technical Annex to the Convention;
means the Minister for Safety and Security;
means any explosive in flexible, malleable, elastic or sheet form which is—
| (a) | formulated with one or more high explosives which in their pure form have a vapour pressure of less than 10 4 Pa at a temperature of 25°C; |
| (b) | formulated with any binder material; and |
| (c) | as a mixture, flexible or malleable at normal room temperature; |
means any land, place, road, harbour, open water, river, building, structure, tent, ship, boat, aircraft, railway truck, cart, van, or other vehicle or vessel;
means prescribed by regulation;
means any regulation made or regarded as having been made under this Act;
means a person—
| (a) | who is 18 years or older; |
| (b) | is a South African citizen, the holder of a permanent South African residence permit or the holder of a valid work permit; |
| (c) | is of stable mental condition and is not inclined to violence; |
| (d) | is not dependant on any substance which has an intoxicating or narcotic effect; |
| (e) | has not been convicted of any offence under this Act or the Explosives Act, 1956 (Act No. 26 of 1956), and sentenced to imprisonment without the option of a fine; |
includes the regulations;
means any explosive other than an authorised explosive;
means a plastic explosive that—
| (a) | do not contain a detection agent; or |
| (b) | at the time of manufacture, does not contain the required minimum concentration level of a detection agent set out in the Table in Part 2 of the Technical Annex to the Convention. |