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EXPLOSIVES ACT 1875 - SECT 9



9. In every gunpowder factory and magazine

(1)The factory or magazine, or any part thereof, shall not be used for any
purpose not in accordance with the license; and

(2)The terms of the license shall be duly observed, and the manufacture or
keeping or any process in or work connected with the manufacture or keeping of
gunpowder shall not be carried on except in accordance with those terms; and

(3)The factory or magazine and every part thereof shall be maintained in
accordance with the license; and any material alteration in the factory or
magazine by enlarging or adding to the site, or by externally enlarging or
adding to any building, or by altering any mound otherwise than by
enlargement, or by making any new work, shall not be made except in pursuance
of an amending license granted under this Act.

In the event of any breach (by any act or default) of this section in any
factory or magazine,

(a)All or any part of the gunpowder or ingredients thereof in respect to
which, or being in any building or machine in respect to which, the offence
was committed, may be forfeited; and

(b)The occupier shall be liable to a penalty not exceeding [five hundred
pounds].

The occupier of a factory shall not be deemed guilty of a breach of this
section for using in a case of emergency, or temporarily, one building or part
of a building in which any process of the manufacture is, under the terms of
the license, carried on, for another process of the manufacture, if he do not
carry on in such building or part more than one process at the same time, and
if the quantity of gunpowder or ingredients thereof in such building or part
do not exceed the quantity allowed to be therein, or any less quantity allowed
to be in the building or part of a building in which such other process is
usually carried on; and if upon such use being continued after the lapse of
twenty-eight days from the first beginning of such use he send notice of such
use to a Government inspector, and the Government inspector do not require the
discontinuance of such use.


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© 1875 Crown Copyright

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