EXPLOSIVES ACT 1875 - SECT 34 Byelaws by harbour authority as to conveyance, loading, &c. of gunpowder.

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EXPLOSIVES ACT 1875 - SECT 34

Byelaws by harbour authority as to conveyance, loading, &c. of gunpowder.

34. Every harbour authority shall, with the sanction of the Board of Trade,
make byelaws for regulating the conveyance, loading and unloading of gunpowder
within the jurisdiction of the said authority and in particular for declaring
or regulating all or any of the following matters within the jurisdiction of
the said authority; namely,

(1)Determining the notice to be given by ships and boats conveying, loading,
or unloading gunpowder as merchandise within the said jurisdiction; and

(2)Regulating the navigation and place of mooring of such ships and boats; and

(3)Regulating, subject to the general rules with respect to packing in
this Act contained, the mode of stowing and keeping gunpowder on board any
such ship or boat, and of giving notice by brands, labels, or otherwise of the
nature of the package containing the gunpowder; and

(4)Regulating the description, construction, fitting up, and licensing of the
ships, boats, or carriages to be used for the conveyance of gunpowder, and the
licensing and dress of the persons having charge thereof; and

(5)Prohibiting or subjecting to conditions and restrictions the conveyance of
gunpowder with any explosive or any articles or substances, or in passenger
ships, boats, trains, or carriages; and

(6)Prohibiting in cases where the loading or unloading of gunpowder within the
jurisdiction of such authority appears to be specially dangerous to the public
such loading or unloading, and fixing the places and times at which the
gunpowder is to be loaded or unloaded, and the quantity to be loaded or
unloaded or conveyed at one time or in one ship, boat, or carriage; and

(7)Regulating the mode of and the precautions to be observed in conveying any
gunpowder, and in the loading or unloading any ship, boat, or carriage
conveying gunpowder as merchandise, and the time during which gunpowder may be
kept during such conveyance, loading or unloading; and

(8)Fixing the times at which lights or fires are to be allowed or not allowed
on board such ships or boats, as before mentioned, or at which a constable or
officer of the harbour authority is to be on board them; and

(9)Providing for the publication and supply of copies of the byelaws; and

<(10)Enforcing the observance of this Act both by their own servants and agents and also by other persons when within the said jurisdiction; and


<(11)Generally for protecting, whether by means similar to those above mentioned or not, persons and property from danger.


The penalties to be annexed to any breach or attempt to commit any breach of
any such byelaws may be all or any of the following penalties, and may be
imposed on such persons and graduated in such manner as may be deemed just,
according to the gravity of the offence, and according as it may be a first or
second or other subsequent offence, that is to say, pecuniary penalties not
exceeding [one hundred pounds] for each offence, and ten pounds for each day
during which the offence continues, and forfeiture of all or any part of the
gunpowder in respect of which, or found in the ship, boat, or carriage in
respect of which, the breach of byelaw has taken place.

In the event of any breach of a byelaw under this section in the case of any
ship, boat, carriage, or gunpowder, whether there has or has not been any
conviction for such breach, it shall be lawful for the harbour-master, or
other officer named in the byelaws, or any person acting under the orders of
the harbour authority, to cause such ship, boat, carriage, or gunpowder, at
the expense of the owner thereof, to be removed to such place or otherwise
dealt with in such manner as may be in conformity with the byelaws; and all
expenses incurred in such removal may be recovered in the same manner as a
penalty under this section; and any person resisting such harbour-master or
officer or other person in such removal shall be liable to the same penalties
as a person is liable to for obstructing the harbour-master in the execution
of his duty.

On any part of the coast of the United Kingdom or in any tidal water for which
there is no harbour authority, the Board of Trade may, if they think it
expedient, make byelaws under this section for that part or water as if it
were a harbour and they were the harbour authority, and such byelaws shall be
deemed to have been made by a harbour authority with the sanction of the Board
of Trade; and they may by such byelaws define the area within which such
byelaws are to be observed, and the authorities and officers by whom such
byelaws are to be enforced and carried into effect within such area; and every
such authority and officer shall for the purposes of this Act, other than
making byelaws or assenting to a site for a new factory or magazine, have the
same power within the said area as a harbour authority and an officer of a
harbour authority have respectively under this Act in a harbour.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 34