Substance Licensing
Dangerous Substances Act, 1972
Part I Preliminary
1. Short title and commencement.
(1) This Act may be cited as the Dangerous Substances Act, 1972.
[(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions. ]
2. Interpretation.
(1) In this Act—
“carrier” includes every person carrying goods or passengers for hire by land or water;
“classified explosive” means an explosive classified by order under section 9 (2);
“explosive” has the meaning given to it by section 9(1);
“harbour authority”, in relation to a harbour under the control of the Commissioners of Public Works in Ireland, means the said Commissioners and, in relation to any other harbour, has the same meaning as in the Harbours Act, 1946;
“inspector” means an inspector appointed under this Act;
“instrument” means an order, regulation, rule, bye-law, licence or other document;
“licensed” means licensed under this Act;
[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
“manufacture” includes any process of altering, breaking up or otherwise dealing with an explosive;
“master,” in relation to a vessel, includes every person (except a pilot) having command or charge of the vessel;
“the Minister” means the Minister for Labour;
“petroleum” includes crude petroleum, oil made from petroleum or from coal, shale, peat or other bituminous substances and other fractions of petroleum;
“petroleum-spirit” has the meaning given to it by section 20;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Minister under this Act;
“ship” has the same meaning as in the Merchant Shipping Act, 1894;
“substance” includes matter in any form, whether solid, liquid or gaseous;
“vessel” has the same meaning as in the Merchant Shipping Act, 1894.
(2) The proper local or harbour authority for the purposes of this Act shall be—
(a) within the limits of the harbour of a harbour authority—the harbour authority;
[(b) in any other area, the local authority for the area;]
(i) in an urban district—the council of the urban district;
(ii) in a county or other borough—the corporation of the borough;
(iii) in a county (excluding any borough or urban district)—the council of the county.
3. Presentation of orders and regulations.
Every order and regulation made under any subsequent Part of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution is passed by either House within the next twenty-one days upon which that House has sat after such instrument has been laid before it annulling the instrument, the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
5. Exemption of Defence Forces.
This Act does not apply to the Defence Forces or to substances held or premises occupied on behalf of the Minister for Defence for civil defence purposes, but subject thereto it applies to all substances held or premises occupied on behalf of the State.
6. Expenses.
The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
7. Repeals and saving.
(1) Each of the Acts referred to in the Schedule is hereby repealed to the extent indicated therein.
(2) The application, by section 8(1) of the Explosive Substances Act, 1883, of sections 73, 74, 75, 89 and 96 of the Explosives Act, 1875, shall not be affected by any repeal effected by this Act and, accordingly, the said section 8 (1) shall be construed as if the Explosives Act, 1875, were still in force.
8. Continuation of orders, regulations, bye-laws, licences.
Every instrument made or issued under a repealed enactment, and in force immediately before the commencement of this Act, shall, subject to any other provision of this Act, continue in force as if made or issued under the corresponding provision of this Act.
9. Explosives.
(1) In this Act, “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.
(2) For the purposes of this Act, the Minister may by order define the composition, quality and character of any explosive, and may classify explosives.
10. Import of explosives.
No person shall import any explosive except in accordance with a licence granted by the Minister.
11. Keeping and having possession of explosives.
(1) No person shall keep any explosive at any place except as follows:
(a) in the licensed factory in which it is manufactured,
(b) in a magazine licensed by the Minister for the storage of explosives,
(c) 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
(d) in accordance with a certificate under section 13.
(2) Subsection (1) does not apply to a carrier or other person having explosives for the purpose of conveyance in conformity with this Act or in the exercise of functions conferred on him by or under this Act.
(3) No person shall have any explosive in his possession unless it has been lawfully acquired in accordance with this Act by him or by the person by whose authority he has it in his possession.
(4) 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.
(5) If a person fails to comply with a requisition under this section he shall be guilty of an offence.
12. Sale and purchase of explosives.
No person shall sell or purchase any explosive unless—
(a) the seller is the holder of an import licence under section 10 or the licensee of a factory, magazine or store, and
(b) the purchaser is the licensee of a factory, magazine or store or the holder of a certificate under section 13 to purchase the explosive
13. 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.
14. Saving for ammunition.
Sections 10 to 13 do not apply to ammunition to which the Firearms Act, 1925, applies.
15. 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.
16. Marking of explosives.
(1) Every package containing a classified explosive shall be clearly and conspicuously marked with the name of the explosive and the word “Explosive”.
(2) The Minister may make regulations regarding the marking of explosives.
(3) 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.
17. Packing of explosives for conveyance.
(1) A person packing explosives for conveyance shall take all practicable steps to prevent risk of injury to person or property.
(2) The Minister may, by regulations, provide for the packing of explosives for conveyance.
(3) 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.
18. Records.
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.
19. 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.
Part III Petroleum
20. Petroleum-spirit.
(1) In this Part, “petroleum-spirit” means petroleum which, at normal atmospheric pressure, gives off an inflammable vapour at a temperature of less than 73°F.
(2) 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.
21. Storage of petroleum-spirit.
(1) 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.
(2) Subsection (1) does not apply to—
(a) a quantity not exceeding three gallons kept in suitable leak-proof containers, securely stopped and containing not more than one gallon each, or
(b) a quantity not exceeding sixty gallons kept in accordance with regulations of the Minister, for use in engines to which the regulations relate, or
(c) petroleum-spirit in the fuel tank of an engine for use therein, or
(d) a carrier or other person having petroleum-spirit for the purpose of conveyance in conformity with this Act or in the exercise of functions conferred on him by or under this Act.
22. Marking of containers.
(1) 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”.
(2) The Minister may, by regulations, provide for the marking of containers.
(3) 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.
23. Safety regulations.
(1) The Minister may, by regulations, provide for the protection of persons against risk of injury caused by petroleum.
(2) Regulations may impose duties upon employers, employed persons, occupiers of premises and other persons.
(3) 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.
Part IV Other Dangerous Substances
24. Dangerous substance.
(1) 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.
(2) An order under subsection (1) may apply any provision of this Act to the substance to which the order relates.
(3) 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.
25. 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.
26. Safety regulations.
(1) 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.
(2) Regulations may impose duties upon employers, employed persons, occupiers of premises and other persons.
(3) 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.
Part V Petroleum
32. Issue of licences by local and harbour authorities.
(1) A local or harbour authority may at its discretion grant or refuse an application for a licence.
(2) The authority shall comply with any regulations of the Minister as to the conditions under which licences may be granted.
(3) Subject to regulations, the authority may attach to a licence such conditions as it thinks proper.
(4) The authority may, if it so thinks proper, publish particulars of an application for a licence and invite representations concerning it from interested persons.
(5)
(a) The authority shall cause a register of all licences granted by it under this Act to be kept in such form and containing such particulars as it may direct.
(b) The authority shall, when so required by the Minister, send to him, within the time specified, a copy of the register or any part thereof.
(c) Any person, upon payment of a fee of twenty-five new pence, and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.
33. Appeal from local or harbour authority.
(1) If a local or harbour authority refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the authority shall, at his request, deliver to him a certificate stating the grounds on which the authority has refused a licence or attached the conditions.
(2) The applicant may appeal to the Minister from the decision of the authority within ten days after receipt of the certificate or such further time as the Minister may allow.
(3) The appeal shall be in writing setting out the applicant’s claim and shall be accompanied by the certificate.
(4) Having considered the appeal the Minister may, at his discretion, direct the authority to grant or cancel the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, and the authority shall, subject to any variation thereof under section 34, comply with the direction.
34. Appeal from the Minister.
(1) Where the Minister refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied or gives a direction under section 33 (4) with which the applicant is dissatisfied, the Minister shall, at the request of the applicant, deliver to him a certificate stating the grounds on which he has refused the licence, attached the conditions or given the direction.
(2) The applicant may appeal to the High Court from the decision or direction of the Minister.
(3) On the hearing of an appeal from a decision of the Minister refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the Court may direct the Minister to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.
(4) On the hearing of an appeal from a direction under section 33 (4), the Court may either confirm the direction or direct the Minister to vary it in accordance with the order of the Court.
(5) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.
35. Disuse of premises.
Where the licensee of premises ceases to use them for the purpose for which they are licensed he shall, within one month, so inform the Minister or authority by whom the licence was issued and surrender the licence.
36. Regulations.
(1) The Minister may make regulations for the purposes of this Act.
(2) Without prejudice to the generality of the foregoing, regulations may provide for—
(a) the expiry and revocation of licences, or any class of licence, continued in force under section 8;
(b) the amendment and revocation of instruments continued in force under that section, other than bye-laws capable of being amended or revoked by any local or harbour authority, or railway or canal undertaking, in the exercise of its statutory powers;
(c) the regulation and control of licensed factories, magazines and stores and the rules to be observed in or about or in connection with any such premises;
(d) the prohibition or control of importation of any substance to which this Act applies;
(e) enforcing compliance with the terms of any standard specification for the time being in force, under the Industrial Research and Standards Act, 1961, in relation to any substance to which this Act applies.
37. Exemptions.
(1) Where any substance to which this Act applies is on board ship in pursuance of the provisions of the Merchant Shipping Act, 1894, or the Merchant Shipping (Safety Convention) Act, 1952, nothing in this Act or regulations thereunder (other than provisions relating to importation) shall apply thereto, except that the conveyance and keeping of the substance, on board ship or elsewhere, while the ship is in harbour shall be in accordance with such provisions as may be prescribed.
(2) Nothing in this Act or regulations thereunder (other than provisions relating to importation) shall apply to the carriage of any substance to which this Act applies aboard aircraft.
(3) The Minister may, by regulations, exempt from all or any of the provisions of this Act any specified class of explosive and any specified class of person or premises, on such conditions as may be prescribed, where he is satisfied that the application of such provisions is unnecessary or impracticable.
(4) Regulations may provide for the issue of licences for the purposes of the regulations and for attaching conditions to a licence.
38. Fees.
The Minister may, with the consent of the Minister for Finance, prescribe the fee to be paid for licences generally or for any particular kind of licence.