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EXPLOSIVES ACT 1875 - SECT 47

Provision in favour of owners of mines and quarries, as to making charges, &c. for blasting.

47. The occupier of any magazine or store for any explosive shall not be
required by this Act to take out a factory license by reason that, in
connexion with such magazine or store, he, by filling cartridges, making
charges, drying, sifting, fitting, or otherwise adapts or prepares the said
explosive for use exclusively in his mine or quarry, or in some excavation or
work carried on by him or under his control, so that he observe the following
regulations; namely,

(1)There shall not be in the workshop in which such adaptation or preparation
is carried on more than one hundred pounds of gunpowder or the prescribed
amount of any other explosive; and

(2)Any work unconnected with such adaptation or preparation shall not be
carried on in the said workshop while such adaptation or preparation is being
carried on; and

(3)The said workshop shall be detached from the magazine or store, but in the
immediate neighbourhood thereof, and such distance therefrom as may be
specified, in the case of a magazine by the license, and in the case of a
store by an Order in Council relating to stores; and

(4)An explosive of one description shall not be converted into an explosive of
another description, and shall not be unmade or resolved into its ingredients;
and

(5)The occupier shall give notice in the case of a magazine to the Secretary
of State, and in the case of a store to the [Ministry of Home Affairs], that
he intends to carry on such adaptation or preparation as is allowed by this
section.

The regulations in this section, and any conditions so made by the Secretary
of State as last aforesaid, shall be deemed to be general rules under this Act
relating to the magazine and store respectively, and the breach of them shall
be punished accordingly.

The following general rules shall apply as if the said workshop were a danger
building, that is to say, if the adaptation or preparation carried on is of
gunpowder only, the general rules with respect to a factory in Part One of
this Act, and in any other case the prescribed general rules; and the breach
of such general rules shall be punished in like manner as the breach of
general rules with respect to a factory.


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