Substances Enforcement
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.
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41. Power of inspector to require remedy for immediate or apprehended danger.
If an inspector is of opinion that any premises to which the provisions of this Act apply or any part thereof or any things or practices at the premises or connected with the control or management thereof are or are likely shortly to become dangerous to person or property, he may serve on the responsible person a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon the responsible person such prohibitions or restrictions or requirements (of whatsoever kind) as appear to the inspector to be necessary for the purpose of safeguarding persons or property.
42. Power to take samples.
(1) An inspector may at any time after informing the licensee or, if he is not readily available, a foreman or other responsible person in the licensed premises, take for analysis sufficient samples of any substance kept or used or intended to be used in the premises being a substance in respect of which he suspects a contravention of this Act, or which in his opinion is likely to cause bodily injury to the persons employed, or which he thinks may prove on analysis to be likely to cause such injury.
(2) The licensee or other responsible person referred to in subsection (1) may, at the time when the sample is taken, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and—
(a) to deliver one part to the licensee, or other responsible person,
(b) to retain one part for future comparison, and
(c) to submit one part to the analyst,
and any analysis under this section shall, if so required, be carried out by or under the direction of the State Chemist.
(3) A certificate purporting to be a certificate by the State Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.
(4) No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, publish or disclose to any person other than the licensee the results of an analysis made under this section.
43. Local inspectors.
For the purpose of enforcing the provisions of this Act in relation to premises licensed by a local or harbour authority or in respect of which an application for a licence is made to such authority, any officer or servant of the authority duly authorised on that behalf by the authority shall have all the powers of an inspector.
44. Taking and detention of substances.
An inspector may take, remove and detain in his custody any substance found in the course of the exercise of any power conferred by this Act in respect of which he has reasonable grounds for believing that an offence under this Act is being or is about to be committed, together with, if he thinks fit, any receptacle containing it.
45. Destruction of substances seized.
(1) Where an inspector seizes any substance under the authority of this Act and it appears to him that it would be dangerous to retain it until the matter can be dealt with by the court, then, subject to the provisions of this section, he may destroy the substance.
(2) Unless, in the opinion of the inspector, it would be dangerous or impracticable to do so, the inspector shall, before destroying the substance, produce it to a peace commissioner and make before him a statutory declaration identifying the substance and stating his reasons for destroying it.
(3) Where the inspector destroys the substance without so producing it he shall, as soon as possible, make a statutory declaration as aforesaid.
(4) A statutory declaration under this section shall be prima facie evidence in every court of all matters of fact stated therein.
(5) Where an inspector makes a statutory declaration under this section in relation to any substance, he shall deliver a copy of the declaration to the person, if any, appearing to him to be the owner of the substance.
46. Dangerous conditions, practices and premises.
(1) Sections 50 and 51 of the Factories Act, 1955, which relate to the making of orders by the District Court as to dangerous conditions and practices, and dangerous factories, shall apply to all premises to which this Act applies.
(2) Sections 115 and 116 of the Factories Act, 1955, which provide for the modification of agreements between owners and occupiers and for the apportionment of expenses of alterations to premises, shall apply in relation to any structural or other alterations in any premises to which this Act applies which are necessary in order to enable the owner or occupier of the premises to comply with any provisions of this Act or any regulation or order thereunder or in order to conform with any standard or requirement imposed by or under this Act.
Part VII Offences, Penalties and Legal Proceedings
47. Offences.
A person who contravenes any provision of this Act or of any instrument thereunder or any condition attached to a licence shall be guilty of an offence.
48. Liability of licensees and occupiers.
(1) In the event of a contravention in or in connection with or in relation to any premises of any provision of this Act or of any instrument thereunder, the occupier or, in the case of licensed premises, the licensee shall, subject as hereinafter provided, be guilty of an offence, without prejudice to the liability of any other person.
(2) In the event of a contravention by any person of any provision which expressly imposes any duty upon him, that person shall be guilty of an offence under this section and the occupier or licensee, as the case may be, shall not be guilty of an offence by reason only of such contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention, but this subsection shall not be taken as affecting any liability of the occupier or licensee in respect of the same matters by virtue of some other provision.
49. Liability of directors and officers of bodies corporate.
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of that body, he, as well as the body corporate shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
50. Forgery of licences, certificates, etc.
(1) A person who—
(a) forges or counterfeits any licence or certificate required for the purposes of this Act,
(b) gives or signs a certificate knowing it to be false in any material particular,
(c) knowingly utters or makes use of a licence or certificate so forged, counterfeited or false as aforesaid,
(d) knowingly utters or makes use of as applying to any person a licence or certificate which does not so apply,
(e) personates any person named in a licence or certificate,
(f) falsely pretends to be an inspector,
(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending,
(h) wilfully makes a false entry in any document required for the purposes of this Act to be kept or served or sent,
(i) wilfully makes or signs a false declaration when making or signing a declaration required for the purposes of this Act, or
(j) knowingly makes use of any such false entry or declaration,
shall, without prejudice to any other offence, be guilty of an offence under this Act.
(2) In this section, “forges” has the same meaning as in the Forgery Act, 1913.
51. Exemption of carrier and owner and master of vessel where consignee, etc. in fault.
Where a carrier or the owner of any vehicle or master of any vessel is prevented from complying with this Act by the wilful act, neglect, or default of the consignor or consignee of any substance to which this Act applies, or other person, or by the improper refusal of the consignee or other person to accept delivery of the substance, the consignor, consignee, or other person who is guilty of the wilful act, neglect, default, or refusal shall be liable to the same penalty to which the carrier, owner, or master is liable for a contravention of this Act, and the carrier, owner, or master shall be exempt from any penalty or forfeiture under this Act.
52. Penalties.
(1) A person guilty of an offence under this Act for which no express penalty is provided shall be liable on summary conviction to a fine not exceeding [€2,500] or imprisonment for a term not exceeding [12] months, or to both such fine and such imprisonment.
(2) Where a person is convicted of an offence under this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding [€500] for each day on which the contravention is so continued.
53. Power of court to order cause of contravention to be remedied.
Where a person is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and he shall not be liable under this Act in respect of the continuation of the contravention during the time so allowed, but if, after the expiration of that time, the order is not complied with, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for every day on which the non-compliance continues.
54. Continuing offences.
An offence under section 52 (2) or 53 shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.
55. Prosecution of offences.
(1) [Subsection (1) repealed by s. 4(1)(j) of the Safety, Health and Welfare At Work Act 1989 with effect from November 1, 1989 (S.I. No. 236 of 1989).]
(2) A local or harbour authority empowered by this Act to issue a licence may prosecute summarily any contravention of the conditions of the licence.
56. Forfeiture.
(1) Where a person is convicted of an offence under this Act the court may order that any substance or other thing in respect of which the offence was committed and which is owned by or found in the possession or control of that person be forfeited.
(2) In lieu of forfeiture the court may impose, in addition to any fine, a penalty not exceeding such sum as appears to the court to be the value of that which is liable to forfeiture.
57. Disposal of forfeitures.
(1) Where anything is forfeited under this Act the Minister may direct that it be sold, destroyed or otherwise disposed of in such manner as he thinks fit.
(2) The receptacle containing anything so forfeited may also be sold, destroyed or otherwise disposed of in like manner as its contents.
(3) The Minister may, for the purpose of such sale or disposal, require the owner of anything forfeited to permit the use of any vehicle containing it, upon payment of reasonable compensation the amount of which shall, in case of dispute, be determined by a Justice of the District Court.
(4) The owner and the person having possession of anything directed to be destroyed, and the owner or other person in charge of the vehicle containing it, or some or one of them, shall, if so directed by the Minister, destroy it accordingly, and, if the Minister so directs, the vehicle may be detained until the destruction is carried out.
(5) If the Minister is satisfied that the direction as to destruction has not been complied with and that the detention of the vehicle will not secure the safety of the public, and that it is impracticable, having regard to the safety of the public or of the persons employed in such destruction, to carry out the destruction without using or otherwise dealing with the vehicle as if it were a receptacle for that which is forfeited, the Minister may direct the vehicle to be, and it may accordingly be, so used or dealt with.
58. Defence of emergency.
It shall be a good defence for a person charged with an offence under this Act to prove that, by reason of inevitable accident or other emergency, the act or omission complained of was, in the circumstances, necessary and proper.
59. Evidence of instruments.
A document which purports to be a copy of any instrument under this Act and which has endorsed thereon a certificate, purporting to be signed by an officer of the Minister or authority by whom it was issued, stating that the document is a true copy of the instrument and that the instrument was in force on a specified day shall, without proof of the status or signature of that officer, be prima facie evidence of the instrument and that it was in force on that day.
61. Use of fireworks in public places.
Any person who throws or casts any fireworks in or into, or ignites any fireworks in, any highway, street, thoroughfare or public place shall be guilty of an offence.
62. Conveyance of substances.
(1) All practicable steps to prevent risk of injury to person or property shall be taken in the conveying, loading and unloading of any substance to which this Act applies.
(2) The Minister may make regulations for the purposes of subsection (1) other than the purposes for which bye-laws may be made under subsection (3).
(3) The Minister may require a railway or canal undertaker to make under its statutory powers bye-laws governing the conveyance, loading and unloading of such substances by its undertaking and the undertaker shall comply with the requirement.
63. Notice of ships carrying petroleum-spirit and other substances.
(1) The owner or master of every ship carrying any petroleum-spirit or explosive or any substance the importation of which is prohibited or controlled under section 36 shall, on entering any harbour in the State, give notice of the nature of such cargo to the harbour master.
(2) If such notice is not given the owner and the master shall each be guilty of an offence.
(3) It shall be a good defence to a charge for a contravention of this section to prove that neither the owner nor the master knew the nature of the goods in respect of which the proceedings are taken, and that neither of them could, with reasonable diligence, have obtained such knowledge.
64. Trespass and other offences on licensed premises.
(1) A person who enters without permission or otherwise trespasses upon any licensed premises shall be guilty of an offence, and may be forthwith removed by a member of the Garda Síochána or by the licensee or any agent of or other person authorised by the licensee.
(2) A person who without lawful authority commits any act which tends to cause explosion or fire in or about the premises shall be guilty of an offence.
(3) The licensee shall post up in some conspicuous place or places in or about the premises a notice or notices warning all persons of their liability to penalties under this section; but the absence of any such notice shall not exempt any person from liability.
65. Duties of persons employed.
(1) [Subsection (1) repealed by s. 4(1)(b) of the Safety, Health and Welfare At Work Act 1989 with effect from November 1, 1989 (S.I. No. 236 of 1989).]
(2) A person employed in any premises or on any ship, vessel or vehicle to which any provisions of this Act apply shall not wilfully and without reasonable cause do anything likely to endanger himself or others.
66. Display of notices.
(1) Regulations may require that a prescribed abstract of this Act, copies of prescribed instruments or abstracts thereof and other notices be kept posted in the prescribed manner at prescribed places and any instrument under this Act may impose a like requirement in respect of a copy of the instrument itself or a prescribed abstract thereof.
(2) If any person fails to comply with a requirement imposed on him under this section or wilfully pulls down, injures or defaces any document posted in pursuance thereof he shall be guilty of an offence.
Schedule Repeals
Section 7.
Session and Chapter or Number and Year
Short Title
Extent of Repeal
17 & 18 Vict. c. 103
Towns Improvement (Ireland) Act, 1854.
Section 56 and, in the nineteenth paragraph of section 72, the words “or throws or sets fire to any firework,”.
34 & 35 Vict. c. 105
Petroleum Act, 1871.
The whole Act.
38 & 39 Vict. c. 17
Explosives Act, 1875.
The whole Act, except sections 73, 74, 75, 89 and 96 in so far as those sections are applied by section 8 (1) of the Explosive Substances Act, 1883, for the purposes of the latter Act.
42 & 43 Vict. c. 47.
Petroleum Act, 1879.
The whole Act.
44 & 45 Vict. c. 67
Petroleum (Hawkers) Act, 1881.
The whole Act.
46 & 47 Vict. c. 10
Customs and Inland Revenue Act, 1883.
Section 3.
61 & 62 Vict. c. 37
Local Government (Ireland) Act, 1898.
Section 6(c) .
9 Edw. 7, c. 43
Revenue Act, 1909.
Section 11.
No. 24 of 1961
Road Traffic Act, 1961.
Section 122.