|Made||2nd May 2006|
|To be laid before Parliament|
|Coming into operation||1st August 2006|
|1.||Citation and commencement|
|5.||Supervision of shotfiring and trainee shotfirers and records of appointment|
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
3. These Regulations shall apply to the storage, transport and use of explosives at a quarry to which the Quarries Regulations (Northern Ireland) 2006 apply.
4. —(1) The operator shall—
(2) It shall be the duty of the operator to ensure that—
(b) an adequate written specification (whether produced by him or not) is prepared for each shotfiring operation at the quarry to ensure, so far as is reasonably practicable, that when such firing occurs it will not give rise to danger; and
(c) a copy of the specification referred to in sub-paragraph (b) is given to any person upon whom it imposes duties.
(3) The operator shall ensure that operations involving the storage, transport or use of explosives are carried out by—
(4) The operator shall ensure that—
(5) The operator shall ensure, so far as is reasonably practicable, that each shotfiring operation is carried out safely and in accordance with the rules required to be made in pursuance of paragraph (2)(a) and any specification required to be prepared in pursuance of paragraph (2)(b).
Supervision of shotfiring and trainee shotfirers and records of appointment
5. —(1) The operator shall take all reasonable steps to ensure that—
(2) The operator shall ensure that a record of the appointment at the quarry of any shotfirer or trainee shotfirer is kept at a suitable place until three years after that shotfirer's employment or trainee shotfirer's employment at the quarry ends.
6. Before a shot is fired, a shotfirer shall—
7. In the event of a misfire the operator shall consult the individual appointed under regulation 8(1)(c) of the Quarries Regulations (Northern Ireland) 2006 (if this is not the same person) and shall ensure, so far as is reasonably practicable, that—
8. —(1) A person other than a person appointed by the Chief Constable, an inspector appointed by the Health and Safety Executive for Northern Ireland and the Secretary of State as an Explosives Inspector, a person engaged in the transport of explosives to or from the quarry, a shotfirer, a trainee shotfirer, a person authorised to handle explosives at a quarry or a person appointed to be in charge of the explosives store shall not handle explosives at a quarry.
(2) A person shall not bring any substance or article (other than explosives) likely to cause an unintended explosion or fire within ten metres of any explosives or take any naked flame within ten metres of any explosives.
(3) A person shall not forcibly remove any detonator lead or other system for initiating shots from a shothole after the shothole has been charged and primed.
(4) A person shall not charge or fire a shot—
(5) A person shall not fire a shot—
and for the purpose of this regulation, a safety fuse shall not be deemed to be a suitable exploder.
9. —(1) Subject to paragraph (2), the Secretary of State may, by a certificate in writing, exempt any quarry, part of a quarry or class of quarries, any person or class of persons or any operation or class of operations from all or any of the prohibitions and requirements of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a further certificate in writing.
(2) The Secretary of State shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to—
he is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the security of explosives or detonators will not be so prejudiced.
10. The Quarries (Explosives) Regulations (Northern Ireland) 1991 are hereby revoked.
11. The Carriage of Explosives Regulations (Northern Ireland) 2006 regulation 2(1), for the definition of "quarry" there shall be substituted the following definition—
One of Her Majesty's Principal Secretaries of State
Northern Ireland Office
2nd May 2006