CHAPTER 45
EXPLOSIVES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Inspectors of Explosives (Appointment) Notice (1969)

      The Inspectors of Explosives (Appointment) Notice (1985)

   REGULATIONS

      The Explosives Regulations

NOTICES

THE INSPECTORS OF EXPLOSIVES (APPOINTMENT) NOTICE (1969)

(Section 4)

G.N. No. 227 of 1969

   1. This Notice may be cited as the Inspectors of Explosive (Appointment) Notice.

   2. All Inspectors of Mines, the Chief Mining Engineer and the Assistant Commissioner for Mineral Resources Division are hereby appointed Inspectors of Explosives for all purposes of the Explosives Act with effect from the 29th day of August, 1969.

THE INSPECTORS OF EXPLOSIVES (APPOINTMENT) NOTICE (1985)

(Section 4)

G.N. No. 319 of 1985

   1. This Notice may be cited as the Inspectors of Explosives (Appointment) Notice.

   2. Every Mining Engineer employed by the Ministry for the time being responsible for minerals, and whose academic qualification has been approved by the Ministry of Education, is hereby appointed to be an Inspector of Explosives for the purposes of the Explosives Act with effect from the second day of August, 1985.

REGULATIONS

THE EXPLOSIVES REGULATIONS

ARRANGEMENT OF REGULATIONS

   Regulation

Title

PART I
PRELIMINARY PROVISIONS

   1.   Citation.

   2.   Interpretation.

   3.   Forms.

   4.   Fees.

PART II
MAGAZINES

   5.   Applications and conditions for licensing magazines.

   6.   Special measures to be observed in the case of magazines.

   7.   General precautions to be observed in the case of magazines.

   8.   Materials to be used in construction.

   9.   Foundations and floors.

   10.   Ceiling materials.

   11.   Metals to be used inside storage room.

   12.   Walls.

   13.   Window lights.

   14.   Roof.

   15.   Doors.

   16.   Door frames.

   17.   Drainage.

   18.   No electric cables.

   19.   Artificial lights not to be used.

   20.   Ventilation.

   21.   Duck board conductors.

   22.   Lightning conductors.

   23.   Heat insulation.

PART III
STORES

   24.   Conditions for licensing stores.

   25.   General precautions.

   26.   Fencing and gate.

   27.   Construction of stores.

   28.   Underground stores.

   29.   Temporary stores.

PART IV
STORAGE BOXES

   30.   Construction, etc.

PART V
BLASTING CERTIFICATES

   31.   Nature of work permissible.

PART VI
USE OF EXPLOSIVES

   32.   Precautions to be observed in carrying out blasting operations on the surface.

   33.   Form of explosives to be used, etc.

   34.   Drilling near sockets and charged holes.

   35.   Making up the charge.

   36.   Charging of holes.

   37.   Firing of charges.

   38.   Firing of charges by electricity.

   39.   Procedure after blasting.

   40.   Precautions before drilling.

   41.   Deepening of sockets is forbidden.

   42.   Method of dealing with misfires.

   43.   Misfire to be plugged.

   44.   Report of misfire, etc.

   45.   Precautions concerning the conveyance of explosives underground.

   46.   Persons finding explosives.

PART VII
GENERAL PROVISIONS

   47.   Offences.

   48.   Explosive storage places to be at certain distances from other buildings.

   49.   Guard on magazines, stores, etc.

   50.   Copy of Act and Regulations required in magazines and stores.

   51.   Destruction of explosives.

   52.   Submission of returns.

   53.   Responsibility of employer, etc.

   54.   General penalty.

SCHEDULES

THE EXPLOSIVES REGULATIONS

(Section 55)

G.Ns. Nos.
561 of 1964
83 of 1984
441 of 1987
174 of 1989
257 of 1994
130 of 1996
258 of 1997

PART I
PRELIMINARY PROVISIONS (regs 1-4)

1.   Citation

   These Regulations may be cited as the Explosives Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires–

   "Act" means the Explosives Act *;

   "approved" means approved by the Commissioner or an Inspector;

   "blaster" means the holder of a Blasting Certificate valid for Mainland Tanzania;

   "idle face" means a part of the workings of a mine in which no work is in progress;

   "misfire" means a charge of explosives, or a hole charged with explosives, which has failed to explode either wholly or partially;

   "socket" means a hole or part of a hole remaining after being charged with explosives and blasted and which is not known to be a misfire.

3.   Forms

   The forms set out in the First Schedule shall be used in all cases to which they are applicable.

4.   Fees

   (1) The fees to be paid in pursuance of the provisions of the Act and these Regulations shall be the fees specified in the Second Schedule.

   (2) No fees shall be payable by any Government department or employee in respect of any application, certificate, licence, permit or other document so long as such application, certificate, licence, permit or other document is used solely on Government business and is endorsed to that effect by the Commissioner or an Inspector.

PART II
MAGAZINES (regs 5-23)

5.   Applications and conditions for licensing magazines

   (1) A detailed map to a scale of not less than 1: 1,000 of the area within 1 mile radius of the proposed magazine shall accompany an application for a permit to construct a magazine.

   (2) No magazine shall be licensed for the storage of explosives unless it has been constructed in accordance with the provisions of this Part.

6.   Special measures to be observed in the case of magazines

   (1) Every magazine shall be protected on all sides by an earth bank as high as the walls and at least three feet in thickness at the top and the inside slope shall be protected against erosion by some approved means.

   (2) The bottom of the inner slope shall be not less than three feet nor more than six feet from the walls except at the entrance which shall be either in a broken line or shall be protected by an outer earth bank.

   (3) The hole shall be surrounded by a fence of an approved pattern through which access shall be obtained by means of a gate which shall, when not is use, be kept securely locked.

   (4) The outer gate of every magazine as well as the door shall be marked in the manner prescribed by section 28(9) of the Act.

   (5) Every magazine shall comprise at least, a lobby communicating directly with the outside to be used for the receipt and issue of explosives, and a storage room to which access can be gained only from the lobby.

   (6) A reliable maximum reading thermometer shall be kept in the storage room of every magazine and should the temperature in such storage room at any time exceed thirty-five degrees centigrade or ninety-five degrees Fahrenheit, the owner or person is charge shall forthwith report to an inspector.

   (7) At least one pair of shoes with rubber, felt or rope soles shall be kept in the lobby of every magazine and no person shall enter the storage room of any magazine except when he is wearing shoes of such type or is bare-footed.

7.   General precautions to be observed in the case of magazines

   (1) The person in charge of explosives shall ensure that the conditions hereinafter set out shall be observed in the case of every magazine.

   (2) No person shall erect a magazine within the prescribed distance or store explosives in excess of the prescribed quantities as set out in the Third Schedule.

   (3) No structural alterations shall be made to a magazine unless the plans therefor have been approved by the Commissioner and the specifications and the licence varied accordingly.

   (4) No repairs shall be made to any magazine except with the permission in writing of an inspector who may direct the removal of the explosives before the repair is carried out.

   (5) No material other than the explosives specified in the licence, and safety fuse, shall be kept in any magazine:

   Provided that tools of an approved pattern necessary for opening cases of explosives, a sweeping brush and other approved accessories may be kept in the lobby.

   (6) A copy of the magazine licence shall be displayed in the conspicuous positions in the magazine.

   (7) A copy of the written instructions given to a person in charge of explosives in accordance with the provisions of subsection (2) of section 10 of the Act shall be displayed in the magazine.

   (8) An efficient fire extinguisher of an approved pattern shall be kept outside every magazine.

   (9) The ground for a distance of forty yards from the magazine building on all sides shall be kept absolutely clean and clear, and free from long grass and vegetation.

   (10) Explosives shall be stored in regular layers to a height not exceeding six feet and in such manner as readily to admit of inspection and extraction of the explosives in rotation.

   (11) No loose cartridges, or caps or broken portions of cartridges shall be left loose in any magazine.

   (12) No case containing explosives shall be opened or reclosed inside a magazine.

8.   Materials to be used in construction

   The materials used in the construction of a magazine shall be as light as is consistent with safe construction and the needs of security.

9.   Foundations and floors

   The foundations and floor shall be of concrete and shall be such as to render the magazine proof against white ants and other vermin and the floor slab shall be carried through the walls and shall slope towards the door and it shall be at least three inches thick.

10.   Ceiling materials

   The ceiling of every magazine shall be of wood or other approved substitute and shall be at least six feet six inches from the floor.

11.   Metals to be used inside storage room

   Screws, nails, locks, keys and other metal fastenings used inside the storage room and on the door thereto shall be of non-ferrous material.

12.   Walls

   The walls of every magazine shall be constructed of reinforced concrete, cement block in cement mortar or burned brick in cement mortar in each case of an approved thickness and the inside walls shall be rendered with cement plaster, or lined with wood or an approved substitute.

13.   Window lights

   Magazines shall not be fitted with windows, but glass blocks or other transparent media may, if approved be built into the walls.

14.   Roof

   The roof of every magazine shall be constructed of reinforced concrete to a minimum thickness of six inches and shall be securely bonded to the walls.

15.   Doors

   (1) The outer door shall be constructed either of steel lined on the inside with wood or shall be a wooden door at least one inch thick, of an approved pattern and protected on the outside, by a steel sheet at least three thirty-times of an inch thick.

   (2) The outer door of the lobby shall open outwards.

   (3) The inner door between the lobby and the storage room shall be made of wood and shall open into the lobby.

   (4) Each door shall be fitted with two locks each of an approved pattern secured to the door in such manner that they cannot be easily removed from the outside.

   (5) Hinges on the outer door shall be bolted thereto with nuts on the inside, or welded thereto, except when an approved type of butt hinge is used.

16.   Door frames

   (1) Door frames shall be made of welded steel section, or of heavy wooden section, rebated to take the door.

   (2) Door frames shall be so constructed that the door fits tightly thereto.

   (3) Door frames shall be either built into the walls, floor and roof, or shall be secured thereto by dogs, bolts or other approved methods.

   (4) The outer door frames, if wooden shall be protected on the outside with steel sheet.

17.   Drainage

   (1) Concrete-lined, drains shall be provided at the base of the inside slope of the mounds, and a similar drain or concrete apron shall be provided to carry away rain water from the roof.

   (2) The person in charge of the magazine shall keep the drainage system in good order and free from obstruction at all times.

18.   No electric cables

   No electric power cable shall be carried within a hundred feet of a magazine, unless such cable is if authorised by the Commissioner under Regulation 19 being used to supply power to the magazine when it should be buried beneath the surface of the ground for at least a hundred feet from the magazine.

19.   Artificial lights not to be used

   No artificial light other than self-contained battery electric lamp shall be used in a magazine:

   Provided that the Commissioner may authorise the installation of power lighting in a magazine under such conditions as he may approve.

20.   Ventilation

   (1) Every magazine shall be so ventilated that the maximum temperature in the storage room shall not exceed thirty-five degrees Centigrade or ninety-five degrees Fahrenheit.

   (2) Ventilating channels, ducts or similar openings shall be of the elbow or baffled type of an proved pattern and shall be so constructed as to prevent anything being pushed through, dropped or poured thought into the magazine, and such openings shall adequately be protected by mosquito gauze.

   (3) Two ventilating channels shall be constructed in each of the side and end walls, and if necessary, other such channels shall be constructed in the roof and those in the walls shall be respectively, 30 inches above the floor and 9 inches below the ceiling.

21.   Duck board conductors

   In every magazine the whole floor area shall be covered with easily removable duck boards.

22.   Lightning conductors

   (1) Every magazine shall be protected by one or more lightning conductors of an approved pattern supported in a vertical position four feet from the nearest part of the magazine building.

   (2) The conductor shall be carried to such a height that the building is enclosed in the cones formed by drawing down rays at an angle of forty-five degrees from the apex of the conductors.

   (3) Every lightning conductor shall be connected by an approved copper conductor, to an earth plate or system of rods buried outside the outer earth wall of the magazine and all joints or connections must be soldered or brazed.

   (4) The roof if made of metal and all metal parts of a magazine, shall be earthen to separated earth plates or systems of rods, to which they shall be connected by approved copper conductors.

23.   Heat insulation

   Where the Commissioner considers it necessary he may order the provisions of a sun roof of heat insulating material or reflecting metal to be built above the concrete roof, or the provisions of an approved insulating medium between the roof and the ceiling, or both, and the metal sun roofs shall be earthen in accordance with the provisions of paragraph (4) of the preceding Regulations.

PART III
STORES (regs 24-29)

24.   Conditions for licensing stores

   No store other than an underground store or a temporary store shall be licensed for the storage of explosives unless it has been constructed in accordance with the provision of this Part.

25.   General precautions

   The provisions of regulation 7 shall apply mutatis mutandis to stores.

26.   Fencing and gate

   (1) Every store shall be surrounded by a fence of an approved pattern at an approved distance from the store, through which access shall be obtained by means of a gate which when not in use, shall be kept securely locked.

   (2) The gate shall be marked in the manner prescribed in section 28(9) of the Act.

27.   Construction of stores

   The provisions of regulations 8, 9, 11, 12, 13, 14, 15(1), 15(4), 15(5), 16, 18, 19, 20(1), 20(2) and 21 shall apply mutatis mutandis to buildings licensed as stores.

28.   Underground stores

   (1) Subject to such conditions as the Commissioner may deem desirable and which he may include in the licence, the Commissioner may approve the construction of stores underground, either in an unfrequented part of a mine, or in an excavation made specially for the purpose.

   (2) The roof, walls and floor of all underground stores shall be lined with concrete of a minimum thickness of six inches.

   (3) The provisions of regulations 7, 11, 15(1), 15(4), 15(5), 16, 18, 19 and 21 shall apply mutatis mutandis to underground stores.

   (4) Underground stores shall be ventilated to the satisfaction of an inspector, and suitable air channels shall be provided either to connect with properly ventilated parts of the mine or to the surface.

29.   Temporary stores

   When works of a temporary nature or of short duration which necessitate the use of explosives in quantities greater than those which can conveniently be contained in approved storage boxes are required to be undertaken the Commissioner may license structures of an approved pattern and specification as temporary stores.

PART IV
STORAGE BOXES (reg 30)

30.   Construction, etc.

   (1) Storage boxes shall be strongly made, either of wood, or metal lined with wood.

   (2) The lids of storage boxes shall slope from the back of the box to the front, at not less than thirty degrees, and shall be provided with a strong lock of an approved pattern.

   (3) Storage boxes containing explosives shall be mounted on short legs which shall be secured firmly to the floor or walls of the approved place, or to some immovable object.

   (4) Storage boxes shall be clearly marked in red letters with the word "Hatari" and the words "Baruti-Explosives" or "Fataki-Detonators" as the case may be.

   (5) No other materials, tools, or other object shall be placed in or within six feet of any storage box containing explosives.

   (6) The person in charge of explosives shall ensure that the provisions of this Part are observed.

PART V
BLASTING CERTIFICATES (reg 31)

31.   Nature of work permissible

   (1) The blaster shall perform work only of the nature specified in his blasting certificate and such work shall be one of the following categories:

   A. 1   Surface work using safety-fuse only as the means of initiating the charge.

   A. 2   Surface work using all forms of fuse, but excluding electrical shot-firing.

   A. 3   All forms of blasting on surface.

   B. 1   Surface and underground work, other than in a coal mine, using safety-fuse only.

   B. 2   Surface and underground work, other than in a coal mine, using all forms of fuse but excluding electrical short-firing.

   B. 3   All forms of blasting on surface and underground other than in a coal mine.

   C.   All forms of blasting in coal mines.

   D.   Blasting under submarine conditions.

   (2) Any person who contravenes or fails to comply with the provisions of this rule commits an offence and is liable upon conviction to a fine not exceeding four thousand shillings or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

PART VI
USE OF EXPLOSIVES (regs 32-47)

32.   Precautions to be observed in carrying out blasting operations on the surface

   (1) No blasting operations shall be carried out in surface or open cast works within one hundred yards of any place which the public customarily frequent except with the permission of an inspector and subject to any special conditions as he may impose having regard to the public safety.

   (2) Whilst blasting operations are in progress in surface or open cast workings the person in charge shall supply sufficient watchmen carrying red flags to guard all approaches thereto so as to ensure no person is allowed inadvertently to approach within dangerous range of the blasting operations.

33.   Form of explosives to be used, etc.

   (1) Explosives shall be used for blasting operations only in the form of cartridges:

   Provided that blasting powders of an approved type and manufacture may be used loose on surface work, and underground under approved conditions.

   (2) Wrapping papers shall not be removed from the cartridges.

   (3) No person shall open a case containing explosives by means of any implement other than an implement of wood, brass or copper:

   Provided that, where any such case is screwed down, a screw-driver may be used to withdraw the screws, but for no other purpose.

34.   Drilling near sockets and charged holes

   No person shall drill, or cause or permit any other person to drill any hole, or shall allow any hole to be directed so as to approach–

   (a)   within six inches of any part of a socket; or

   (b)   within six feet of any hole known or suspected to contain explosives.

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