CHAPTER 45
EXPLOSIVES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Prohibition on possession of certain explosives.

   4.   Appointment of inspectors.

   5.   Delegation of powers by Commissioner.

   6.   No person shall deal in explosives except in accordance with this Act.

PART II
MANUFACTURE OF EXPLOSIVES

   7.   Manufacture of explosives prohibited except under licence or permit.

   8.   Licence to manufacture explosives.

   9.   Permit to manufacture explosives for experimental purposes.

PART III
GENERAL RESPONSIBILITIES FOR THE CARE AND SECURITY OF EXPLOSIVES

   10.   Appointment of persons to be in charge of explosives.

   11.   Persons in charge of explosives.

   12.   General responsibility for care of explosives.

   13.   Prohibition of dangerous acts, smoking, etc.

PART IV
IMPORT OF EXPLOSIVES

   14.   No importation without permit.

   15.   Import permits.

   16.   General authority to import.

   17.   Notice of intended import.

   18.   Responsibility of Port Management.

   19.   Form of packing to be approved.

PART V
TRANSPORT OF EXPLOSIVES

   20.   Transport of explosives prohibited except under permit.

   21.   General provisions relating to care of explosives in transit.

   22.   Conveyance of explosives by boat.

   23.   Conveyance of explosives by road.

PART VI
ACQUISITION, POSSESSION AND DISPOSAL OF EXPLOSIVES

   24.   Acquisition of explosives.

   25.   Possession of explosives.

   26.   Disposal of explosives.

PART VII
STORAGE OF EXPLOSIVES

A. - General Provisions

   27.   Explosives to be stored in accordance with this Part.

   28.   General provisions relating to storage of explosives.

   29.   Reports to be made of thefts, etc.

   30.   Storage underground.

B. - Magazines

   31.   Permit for erection of magazine.

   32.   Issue of a magazine licence.

C. - Stores

   33.   Application for store licence.

   34.   Issue of store licence.

D. - Storage Boxes

   35.   Storage boxes to be of approved pattern, etc.

   36.   Storage underground.

   37.   Register of transactions to be kept.

PART VIII
USE OF EXPLOSIVES

   38.   Use of explosives.

   39.   Person in charge of explosives issued for use.

   40.   Blasting operations to be performed by holder of a certificate.

   41.   Blasting operations to be in charge of holder of certificate.

   42.   Blasting certificates.

   43.   Persons responsible for observing provisions of this Part.

PART IX
ACCIDENTS

   44.   Procedure in case of accident.

   45.   Inquiry into cause of accident.

PART X
POWERS OF INSPECTORS AND POLICE OFFICERS

   46.   Powers of inspectors.

   47.   Powers of police officers.

   48.   Inspector may issue orders.

PART XI
MISCELLANEOUS PROVISIONS

   49.   Notice to be given when works containing explosives are closed down.

   50.   Offences.

   51.   General penalty.

   52.   Onus of proof.

   53.   Revocation of permits, etc.

   54.   Licences, permits, etc., not transferable.

   55.   Regulations.

CHAPTER 45
THE EXPLOSIVES ACT

An Act to make provisions for the control of the manufacture, import, export, purchase, sale, possession and use of explosives, and for related matters.

[16th November, 1964]

Acts Nos.
56 of 1963
9 of 2002
4 of 2004

PART I
PRELIMINARY PROVISIONS (ss 1-6)

1.   Short title

   This Act may be cited as the Explosives Act.

2.   Interpretation Act No. 9 of 2002 Sch.">

   (1) In this Act, unless the context otherwise requires–

   "boat" includes any water-borne vessel other than a ferry;

   "Commissioner" means the Commissioner for Mines;

   "explosives" means–

   (a)   nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, azide of lead components improvised for explosives and every other substance, whether similar to the foregoing or not, used or manufactured with a view to produce a practical effect by explosion and every adaptation or preparation of an explosive as above defined, but does not include liquid oxygen, gun powder, fire-signals, fire-works, rockets, percussion caps and small-arms ammunition;

   (b)   detonators, detonating fuses, detonating relays, safety fuse, ignite cords and fuse ignite sticks; and

   (c)   any substance, whether herein before mentioned or not, which the Minister may, by Notice in the Gazette, declare to be an explosive for the purposes of this Act;

   "inspector" means an inspector of explosives appointed under section 4 and includes the Commissioner;

   "magazine" means a building used or to be used as a magazine for the storage of explosives and licensed under section 32;

   "manufacture" includes the process of dividing up into its component parts or otherwise breaking up or unmaking of any explosive or remaking, altering or repairing any explosive;

   "Minister" means the Minister for the time being responsible for matters relating to mines and mining;

   "owner" in relation to explosives includes a person who acquires explosives on consignment from an importer either for his own use or for sale on behalf of such importer;

   "Port Management" means the management as defined in regulation 2 of the East African Harbours Regulations, 1962 *;

   "prescribed" means prescribed by Regulations made under this Act;

   "Railway Administration" means the Tanzania Railways Corporation;

   "storage box" means a box used or to be used as a storage box for explosives;

   "store" means a building, structure or excavation used or to be used as a store for explosives and licensed under section 34.

   (2) Where any substance is both an explosive, within the meaning ascribed to that word in this Act, and ammunition, within the meaning ascribed to the word in the Arms and Ammunition Act *, the Minister may, by order published in the Gazette, declare such substance either to be an explosive or ammunition and not to be the other, and where the Minister makes such declaration that a substance is an explosive and not ammunition, it shall be deemed not to be ammunition within the meaning of such Act, or when he makes a declaration that a substance is ammunition and not an explosive, it shall be deemed not to be an explosive within the meaning of this Act.

3.   Prohibition on possession of certain explosives

   (1) Notwithstanding any other provisions of this Act, no person shall import, manufacture, possess, acquire or dispose of, sell, convey, deal or traffic in any explosive substance unless that substance has been approved by the Commissioner for use in Mainland Tanzania.

   (2) Any person who contravenes or fails to comply with the provisions of subsection (1) commits an offence and is liable upon conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than three years but not exceeding seven years or to both such fine and imprisonment.

4.   Appointment of inspectors

   The Minister may appoint any public officer to be an inspector of explosives either for all the purposes of this Act or for the purposes of such sections of this Act as he may specify.

5.   Delegation of powers by Commissioner

   The Commissioner may delegate any of the powers conferred upon him by this Act to any inspector appointed for all the purposes of this Act.

6.   No person shall deal in explosives except in accordance with this Act

   (1) No person shall manufacture, import, export, buy or otherwise acquire, sell or otherwise dispose of, be in possession of or use any explosive except in accordance with the provision of this Act.

   (2) The provisions of this Act shall not apply to any member of the military forces of Tanzania acting in the course of his duties as a member of such forces.

PART II
MANUFACTURE OF EXPLOSIVES (ss 7-9)

7.   Manufacture of explosives prohibited except under licence or permit Act No. 9 of 2002 Sch.">

   (1) No person shall manufacture explosives unless he is the holder of and complies with the conditions of a valid licence granted under section 8 or a valid permit issued under section 9:

   Provided that the Minister shall not grant a licence under this section, unless he has first consulted the Minister responsible for Home Affairs.

   (2) Any person who contravenes the provisions of subsection (1) commits an offence and is liable upon conviction to a fine of not less than five million shillings or to imprisonment for a term not less than three years but not exceeding seven years or to both such fine and imprisonment.

8.   Licence to manufacture explosives

   (1) The Minister may, on application being made therefor in such form as may be prescribed and on payment of such fee as may be prescribed, grant to any person a licence to manufacture explosives:

   Provided that the Minister shall not grant a licence under this section, unless he has first consulted the Minister responsible for Home Affairs.

   (2) A licence granted under subsection (1) shall, subject to the provisions of section 53, remain in force for such period and shall be subject to such conditions as may be specified therein.

9.   Permit to manufacture explosives for experimental purposes

   (1) The Commissioner may, on application being made therefor in such form as may be prescribed and on payment of such fee as may be prescribed, issue to any person a permit to manufacture and use explosives for the purpose of chemical experiment or trial or blasting operations to be conducted by such person:

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.