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EXPLOSIVES ACT 1875 - SECT 102

Powers of Act cumulative, with power to make provisional order for repealing local Acts.

102. This Act shall not, save as is herein expressly provided, exempt any
person from any action or suit in respect of any nuisance, tort, or otherwise,
which might, but for the provisions of this Act, have been brought against
him.

This Act shall not exempt any person from any indictment or other proceeding
for a nuisance, or for an offence which is indictable at common law, or by any
Act of Parliament other than this Act, so that no person be punished twice for
the same offence.

When proceedings are taken before any court against any person in respect of
any offence under this Act, which is also an offence indictable at common law
or by some Act of Parliament other than this Act, the court may direct that,
instead of such proceedings being continued, proceedings shall be taken for
indicting such person at common law or under some Act of Parliament other than
this Act.

A continuing certificate granted under this Act shall not make lawful any
factory, magazine, or store, or any part thereof, which immediately before the
passing of this Act was unlawful.


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