GUNPOWDER AND EXPLOSIVES ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

VESSELS ARRIVING WITH GUNPOWDER

   3   Penalty on master of ship landing gunpowder or dangerous explosives without a licence

 

LICENCES TO DEAL IN GUNPOWDER

   4   Penalty for dealing, etc in gunpowder without a licence

   5   Jurisdiction of Resident Magistrate to grant licence

   6   Mode of application for licence

   7   Duty of Clerk of the Courts

   8   Licence and fees therefor

   9   Duties of Clerk after grant of licence

   10   Resident Magistrate to grant licence for possession of gunpowder in excess of twenty-five pounds

   11   Period for which licence in force

 

STORAGE AND PACKING OF GUNPOWDER

   12   Places where gunpowder may be kept

 

PACKING GUNPOWDER FOR CONVEYANCE

   13   Rules regulating the packing of gunpowder for conveyance

 

DANGEROUS EXPLOSIVES

   14   Unlawful for any person to have in his possession any dangerous explosives without a licence

   15   What shall be stated in licence in respect to a dangerous explosive

   16   Any licence liable to be revoked by order of the Minister

   17   Unlawful for any person unless licensed to have in his possession or to import any dangerous explosive

   18   Power of Justices to issue search warrant, etc

 

EVASIONS OF THIS ACT

   19   Penalty for unlawful use of licence

 

EXEMPTIONS

   20   Exemption of Naval, Military or Air Service and Government of Jamaica from Act

 

POWER TO FRAME RULES

   21   Rules and forms

 

MISCELLANEOUS

   22   Requirements on sales by retail

      Penalty for failure to comply with this section.

 

PENALTIES

   23   Penalty for offence where no penalty provided

   24   Recovery of penalties

      SCHEDULES

 

THE GUNPOWDER AND EXPLOSIVES ACT

[Date of Commencement: 13th January, 1925]

Cap 142.

Acts
1 of 1967,
12 of 1985.

1   Short title

   This Act may be cited as the Gunpowder and Explosives Act.

2   Interpretation

   (1) In this Act-

   "gunpowder" means any of the substances specified from time to time in Part I of the First Schedule;

   "dangerous explosive" weans any of the substances specified from time to time in Part II of the First Schedule.

   (2) The Minister may, for the purposes of this Act, from time to time by order published in the Gazette vary or amend Part I or Part II of the First Schedule

[1/1967 s 53.]

Vessels Arriving With Gunpowder

3   Penalty on master of ship landing gunpowder or dangerous explosives without a licence

   If the master of any ship, drogher, or other vessel arriving in any of the ports of this Island, having gunpowder or any dangerous explosive on board, shall, under any pretence whatever, land, or permit to be landed, any such gunpowder or dangerous explosive without a licence for that purpose first obtained under the hand of an officer of Customs at the port of entry, which licence such officer is hereby authorised to grant, he shall be liable to a penalty of two hundred dollars; and the said officer of Customs is hereby required to direct the gunpowder or dangerous explosive, when so landed, to be lodged in the fort or magazine nearest to such port where such ship, drogher, or vessel shall arrive, or in some proper place of security, which has been approved by the Minister:

   Provided that the Chief Officer of Customs at a port of entry, may allow, under proper regulations to be approved by the Commissioner of Customs and Excise, the landing of small quantities of fireworks, lucifer matches and other combustible or explosive materials, at the usual place appointed for the landing of goods.

[12/1985 Sch.]

Licences to deal in Gunpowder

4   Penalty for dealing, etc in gunpowder without a licence

   No person within this Island shall deal in, sell, or barter, by himself, or any servant, or agent, under any pretext, or by any means whatsoever, under a penalty not exceeding two hundred dollars for each offence, any gunpowder, before such person shall have first obtained a licence for that purpose, according to Form A in the Second Schedule.

5   Jurisdiction of Resident Magistrate to grant licence

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   The Resident Magistrate exercising jurisdiction where the application may be made, is authorised to grant licences to deal in and to sell gunpowder, by wholesale or retail, at a place within the parish to be named in such licence. He may in his discretion refuse to grant such licence.

6   Mode of application for licence

   All applications for such licences shall be made in writing and lodged with the Clerk of the Courts for the parish in which the same are applied for, at least five days previous to the day fixed for holding the Resident Magistrate's Court, at which such applications are to be made; every person applying for a licence shall pay to the Collector of Taxes for the amount by this Act fixed to be paid for duty in respect of such licence, and every application for a licence shall be accompanied by the receipt of the Collector of Taxes for the amount of duty paid to him, and no application shall be entertained which shall not be accompanied by such receipt.

7   Duty of Clerk of the Courts

   The Clerk of the Courts shall not, under a penalty of sixty dollars, deliver any licence under this Act to any person, until his application shall have been granted by the Resident Magistrate, nor until such person shall have become bound to Her Majesty, her heirs and successors, in a bond according to Form B in the Second Schedule, with one sufficient surety, to be approved of by the Resident Magistrate, in the sum of two hundred dollars.

8   Licence and fees therefor

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