Dangerous Substances

Table of Contents

Explosives

An “explosive” means a substance of a kind used to produce a practical effect by explosion or a pyrotechnic effect or anything of which that substance is an integral part. The Minister may by order define the composition, quality and character of any explosive, and may classify explosives.

No person shall import any explosive except in accordance with a licence granted by the Minister.

No person shall keep any explosive at any place except as follows:

in the licensed factory in which it is manufactured,
in a magazine licensed by the Minister for the storage of explosives,
in a store licensed by the proper local or harbour authority (or, if owned by such authority, licensed by the Minister) for the storage of explosives, or
in accordance with a certificate issued.

Lawful Possession

This does not apply to a carrier or other person having explosives for the purpose of conveyance in conformity with the Dangerous Substances Act or in the exercise of functions conferred on him.

No person shall have any explosive in his possession unless it has been lawfully acquired in accordance with the Dangerous Substances Act by him or by the person by whose authority he has it in his possession.

Where a person is found to have an explosive in his possession or under his control, a member of the Garda Síochána or an inspector may require that person to give him all information in his possession as to how he came to have the explosive in his possession or under his control.

If a person fails to comply with a requisition he is guilty of an offence.

Sale and purchase of explosives

No person shall sell or purchase any explosive unless—

the seller is the holder of an import licence under section 10 or the licensee of a factory, magazine or store, and

the purchaser is the licensee of a factory, magazine or store or the holder of a certificate to purchase the explosive

Certificates.

An officer of the Garda Síochána (including an inspector of the Garda Síochána acting as superintendent) may issue to any person a certificate authorising the purchase of explosives subject to and in accordance with regulations.

The above does not apply to ammunition to which the Firearms Act, 1925 , applies.

Manufacture of Explosives

No person shall manufacture any explosive except in a factory licensed by the Minister for the purpose and in accordance with the licence. Every package containing a classified explosive shall be clearly and conspicuously marked with the name of the explosive and the word “Explosive”.

The Minister may make regulations regarding the marking of explosives.

Every person who has in his possession or under his control any explosive not marked in conformity with this section or regulations thereunder shall be guilty of an offence.

Packing of explosives for Conveyance

A person packing explosives for conveyance shall take all practicable steps to prevent risk of injury to person or property. The Minister may, by regulations, provide for the packing of explosives for conveyance.

A person who consigns or conveys any explosive packed otherwise than in conformity with this section or such regulations shall be guilty of an offence.

The licensee of a factory or magazine shall keep in such form as the Minister may direct a daily record of the quantities of explosives taken into and out of the premises and shall permit an inspector to inspect every such record.

Fireworks and safety, signalling and rescue devices.

The Minister may, by regulations, modify the requirements of this Part in relation to the manufacture, storage, marking, packing, conveyance, purchase, sale and keeping of fireworks, safety, signalling and rescue devices and other prescribed articles and substances.

Petroleum-Spirit.

Petroleum-spirit means petroleum which, at normal atmospheric pressure, gives off an inflammable vapour at a temperature of less than 73°F.The Minister may prescribe the method and the apparatus to be employed for testing petroleum and may provide for verification of such apparatus and prescribe the fees to be paid for such verification.

No person shall have petroleum-spirit in his possession or under his control except in a store licensed by the proper local or harbour authority (or, if the store is owned by such authority, licensed by the Minister) for that purpose.

This does not apply to—

a quantity not exceeding three gallons kept in suitable leak-proof containers, securely stopped and containing not more than one gallon each, or
a quantity not exceeding sixty gallons kept in accordance with regulations of the Minister, for use in engines to which the regulations relate, or
petroleum-spirit in the fuel tank of an engine for use therein, or
a carrier or other person having petroleum-spirit for the purpose of conveyance in conformity with the Dangerous Substances Act or in the exercise of functions conferred on him by or under the Dangerous Substances Act.

Marking of Containers.

Every container of petroleum-spirit (other than the fuel tank of an engine) shall be clearly and conspicuously marked with the words “Petroleum-Spirit” and “Highly Inflammable”.The Minister may, by regulations, provide for the marking of containers.

Every person who has in his possession or under his control any container not marked in conformity with this section or such regulations shall be guilty of an offence.

Safety regulations.

The Minister may, by regulations, provide for the protection of persons against risk of injury caused by petroleum.Regulations may impose duties upon employers, employed persons, occupiers of premises and other persons.

Before making any regulations the Minister shall publish in such manner as he thinks fit notice of his intention to do so and give persons desiring to make representations in relation to the proposed regulations an opportunity to do so.

Other Dangerous Substances

A dangerous substance for the purposes of this Part is a substance which the Minister by order declares to be such on the ground that in his opinion it constitutes a potential source of danger to person or property.An order may apply any provision of the Dangerous Substances Act to the substance to which the order relates.

Before making an order the Minister shall publish in such manner as he thinks fit notice of his intention to do so and give persons desiring to make representations in relation to the proposed order an opportunity to do so.

Safety Precautions

A person engaged in the storage, labelling, packing or conveyance of any dangerous substance shall take all practicable steps to prevent risk of injury to person or property.

The Minister may, after consultation with the Minister for Health, by regulations provide for the protection of persons against risk of injury caused by any dangerous substance. Regulations may impose duties upon employers, employed persons, occupiers of premises and other persons.