S.I. No. 317/1981 - Conveyance of Explosives (Amendment) Bye-Laws, 1981.


I, JAMES MITCHELL, Minister for Justice, in exercise of the powers conferred on me by sections 37 and 39 of the Explosives Act, 1875 , hereby make the following Bye-laws:

1. (1) These Bye-laws may be cited as the Conveyance of Explosives (Amendment) Bye-laws, 1981.

(2) These bye-laws shall come into operation on the 8th day of September, 1981.

2. The Interpetation Act, 1937 (No. 38 of 1937), applies to these Bye-laws.

3. The Conveyance of Explosives Bye-laws, 1955 ( S.I. No. 38 of 1955 ), are hereby amended by the substitution for Bye-law 9(p) of the following:

“(p) The quantity of explosive to be carried in any one carriage or boat shall not exceed 1,000 kilograms unless the carriage be so enclosed on all sides with wood or metal, or the boat have a close deck so closed, as effectually to protect the explosive against accident by fire from without, in which case the amount of explosives conveyed shall not exceed the following:—

Kilos

In any one carriage on a private railway worked by steam or otherwise ...........................................

5,000

In any one other carriage ...................

5,000

In any one boat ................................

25,000

Provided that if the explosive consists only of articles incapable of communicating explosion from one to another such as fuses, for shells, tubes, primers and quick firing ammunition up to 3-inch calibre, the quantity of explosive that may be conveyed in any one carriage may exceed 1,000 kilograms but may not exceed 5,000 kilograms.”

4. The Conveyance of Explosives (Amendment) Bye-laws, 1960 ( S.I. No. 151 of 1960 ), and the Conveyance of Explosives (Amendment) Bye-laws, 1973 ( S.I. No. 309 of 1973 ), are hereby revoked.

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GIVEN under my Official Seal this 8th day of September, 1981.

JIM MITCHELL,

Minister for Justice.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The Bye-laws prescribe in metric units, instead of imperial units as heretofore, the quantities of explosives that may be carried in a van or truck enclosed in a specified manner or in a boat. The change to metric units, which will result in an increase in the actual amounts of explosives which may be carried, will facilitate the conveyance of explosives, as the present standard package of explosives is 25 kilograms.