The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006

PART II SAFETY REQUIREMENTS

Fire and explosion measures

4.—(1) Any person who manufactures or stores explosives shall take appropriate measures—

(a) to prevent fire or explosion;

(b) to limit the extent of fire or explosion including measures to prevent the spreading of fires and the communication of explosions from one location to another; and

(c) to protect persons from the effects of fire or explosion.

(2) For the purpose of paragraph (1), the reference to the manufacture or storage of explosives shall be deemed to include a reference to any handling, on-site transport and testing of explosives which are associated with that manufacture or storage.

(3) In this regulation, “fire or explosion” means unplanned fire or explosion at the site of manufacture or storage.

Separation distances

5.—(1) Subject to paragraphs (2) and (3), every person who stores explosives at a site shall ensure that the relevant separation distance prescribed by Schedule 1 is maintained between a store and a building or other place not within that site to which that Schedule applies.

(2) Paragraph (1) shall not apply to desensitised explosives or explosives which are stored under a licence granted in cases where the public hearing procedure was required pursuant to regulation 11(4).

(3) Subject to paragraph (4), paragraph (1) shall not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding in the case of sub-paragraph (b) any quantity of small arms ammunition, does not exceed—

(a) 100 grams;

(b) 30 kilograms of shooters' powder and 300 grams of percussion caps;

(c) 200 detonators and—

(i) 5 kilograms of water-based explosive and detonating cord; or

(ii) 5 kilograms of water-based explosive or detonating cord; or

(d) 4 kilograms of explosive kept by a police force or the Northern Ireland Prison Service for the purpose of training dogs used for the detection of explosives,

and the explosives are stored in a safe and suitable place with all due precautions for public safety.

(4) For the purposes of paragraph (3), a person may not rely on more than one of the exceptions listed in sub-paragraphs (a) to (d) of that paragraph.

(5) Every person to whom the duty under paragraph (1) applies shall ensure that the separation distance referred to in paragraph (6) is maintained between a store and any building on the site on which the store is situated which is used either for accommodation or for work but not including any building used for work which is normally unoccupied by any person and is not a store.

(6) The separation distance referred to in paragraph (5) is that which is equal to half the relevant separation distance determined in accordance with Schedule 1.

(7) Every person, in a case to which regulation 11(4) applies, who is granted a licence to manufacture or store explosives, or whose licence is varied in a way which affects the separation distances required to be maintained, shall ensure that within 28 days of the grant or variation the Department of the Environment is given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence.

Disposal of explosives and decontamination of explosive-contaminated items

6.—(1) Any person who disposes of explosives shall ensure, so far as is reasonably practicable, that they are disposed of safely.

(2) Any person who decontaminates explosive-contaminated items shall ensure, so far as is reasonably practicable, that they are decontaminated safely.

Employment of young persons

7.  A person who manufactures or stores explosives shall not permit a person—

(a) under the age of 16 years to work in that manufacture or storage; or

(b) under the age of 18 years to work in that manufacture or storage except under supervision.

Unauthorised access

8.—(1) A person shall not—

(a) without the permission of the occupier, enter—

(i) any building used for the manufacture of explosives in or at a site;

(ii) any store in or at a site; or

(iii) any site with clearly marked boundaries at which explosives are manufactured or stored; or

(b) having so entered, refuse to leave that site when requested to do so by a constable or the occupier, his employee or agent.

(2) Where following a request referred to in paragraph (1)(b) the person who has entered that site without permission refuses to leave it, a constable or the occupier, his employee or agent may remove that person from the site using reasonable force, if necessary.

(3) “Enter” for the purpose of this regulation includes entering onto a roof of a building in which explosives are manufactured or a store.