Dangerous Substances Act , 1972

PART I Preliminary

1 Short title and commencement.

1.—(1) This Act may be cited as the Dangerous Substances Act, 1972.

(2) This Act shall come into operation on such day as the Minister may by order appoint.

2 Interpretation.

2.—(1) In this Act—

“carrier” includes every person carrying goods or passengers for hire by land or water;

“classified explosive” means an explosive classified by order under section 9 (2);

“explosive” has the meaning given to it by section 9(1);

“harbour authority”, in relation to a harbour under the control of the Commissioners of Public Works in Ireland, means the said Commissioners and, in relation to any other harbour, has the same meaning as in the Harbours Act, 1946;

“inspector” means an inspector appointed under this Act;

“instrument” means an order, regulation, rule, bye-law, licence or other document;

“licensed” means licensed under this Act;

“local authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;

“manufacture” includes any process of altering, breaking up or otherwise dealing with an explosive;

“master,” in relation to a vessel, includes every person (except a pilot) having command or charge of the vessel;

“the Minister” means the Minister for Labour;

“petroleum” includes crude petroleum, oil made from petroleum or from coal, shale, peat or other bituminous substances and other fractions of petroleum;

“petroleum-spirit” has the meaning given to it by section 20;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Minister under this Act;

“ship” has the same meaning as in the Merchant Shipping Act, 1894;

“substance” includes matter in any form, whether solid, liquid or gaseous;

“vessel” has the same meaning as in the Merchant Shipping Act, 1894.

(2) The proper local or harbour authority for the purposes of this Act shall be—

(a) within the limits of the harbour of a harbour authority—the harbour authority;

(b) in any other area—

(i) in an urban district—the council of the urban district;

(ii) in a county or other borough—the corporation of the borough;

(iii) in a county (excluding any borough or urban district)—the council of the county.

3 Presentation of orders and regulations.

3.—Every order and regulation made under any subsequent Part of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution is passed by either House within the next twenty-one days upon which that House has sat after such instrument has been laid before it annulling the instrument, the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4 Revocation and amendment of orders.

4.—The Minister may by order revoke or amend an order made under any subsequent Part of this Act.

5 Exemption of Defence Forces.

5.—This Act does not apply to the Defence Forces or to substances held or premises occupied on behalf of the Minister for Defence for civil defence purposes, but subject thereto it applies to all substances held or premises occupied on behalf of the State.

6 Expenses.

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

7 Repeals and saving.

7.—(1) Each of the Acts referred to in the Schedule is hereby repealed to the extent indicated therein.

(2) The application, by section 8(1) of the Explosive Substances Act, 1883, of sections 73, 74, 75, 89 and 96 of the Explosives Act, 1875, shall not be affected by any repeal effected by this Act and, accordingly, the said section 8 (1) shall be construed as if the Explosives Act, 1875, were still in force.

8 Continuation of orders, regulations, bye-laws, licences.

8.—Every instrument made or issued under a repealed enactment, and in force immediately before the commencement of this Act, shall, subject to any other provision of this Act, continue in force as if made or issued under the corresponding provision of this Act.

PART II Explosives

9 Explosives.

9.—(1) In this Act, “explosive” means a substance of a kind used to produce a practical effect by explosion or a pyrotechnic effect or anything of which that substance is an integral part.

(2) For the purposes of this Act, the Minister may by order define the composition, quality and character of any explosive, and may classify explosives.

10 Import of explosives.

10.—No person shall import any explosive except in accordance with a licence granted by the Minister.

11 Keeping and having possession of explosives.

11.—(1) No person shall keep any explosive at any place except as follows:

(a) in the licensed factory in which it is manufactured,

(b) in a magazine licensed by the Minister for the storage of explosives,

(c) in a store licensed by the proper local or harbour authority (or, if owned by such authority, licensed by the Minister) for the storage of explosives, or

(d) in accordance with a certificate under section 13.

(2) Subsection (1) does not apply to a carrier or other person having explosives for the purpose of conveyance in conformity with this Act or in the exercise of functions conferred on him by or under this Act.

(3) No person shall have any explosive in his possession unless it has been lawfully acquired in accordance with this Act by him or by the person by whose authority he has it in his possession.

(4) Where a person is found to have an explosive in his possession or under his control, a member of the Garda Síochána or an inspector may require that person to give him all information in his possession as to how he came to have the explosive in his possession or under his control.

(5) If a person fails to comply with a requisition under this section he shall be guilty of an offence.

12 Sale and purchase of explosives.

12.—No person shall sell or purchase any explosive unless—

(a) the seller is the holder of an import licence under section 10 or the licensee of a factory, magazine or store, and

(b) the purchaser is the licensee of a factory, magazine or store or the holder of a certificate under section 13 to purchase the explosive

13 Certificates. (New)

13.—An officer of the Garda Síochána (including an inspector of the Garda Síochána acting as superintendent) may issue to any person a certificate authorising the purchase of explosives subject to and in accordance with regulations.

14 Saving for ammunition.

14.—Sections 10 to 13 do not apply to ammunition to which the Firearms Act, 1925, applies.

15 Manufacture of explosives.

15.—No person shall manufacture any explosive except in a factory licensed by the Minister for the purpose and in accordance with the licence.

16 Marking of explosives.

16.—(1) Every package containing a classified explosive shall be clearly and conspicuously marked with the name of the explosive and the word “Explosive”.

(2) The Minister may make regulations regarding the marking of explosives.

(3) Every person who has in his possession or under his control any explosive not marked in conformity with this section or regulations thereunder shall be guilty of an offence.

17 Packing of explosives for conveyance.

17.—(1) A person packing explosives for conveyance shall take all practicable steps to prevent risk of injury to person or property.

(2) The Minister may, by regulations, provide for the packing of explosives for conveyance.

(3) A person who consigns or conveys any explosive packed otherwise than in conformity with this section or such regulations shall be guilty of an offence.

18 Records.

18.—The licensee of a factory or magazine shall keep in such form as the Minister may direct a daily record of the quantities of explosives taken into and out of the premises and shall permit an inspector to inspect every such record.

19 Fireworks and safety, signalling and rescue devices.

19.—The Minister may, by regulations, modify the requirements of this Part in relation to the manufacture, storage, marking, packing, conveyance, purchase, sale and keeping of fireworks, safety, signalling and rescue devices and other prescribed articles and substances.

PART III Petroleum

20 Petroleum-spirit.

20.—(1) In this Part, “petroleum-spirit” means petroleum which, at normal atmospheric pressure, gives off an inflammable vapour at a temperature of less than 73F.

(2) The Minister may prescribe the method and the apparatus to be employed for testing petroleum and may provide for verification of such apparatus and prescribe the fees to be paid for such verification.

21 Storage of petroleum-spirit.

21.—(1) No person shall have petroleum-spirit in his possession or under his control except in a store licensed by the proper local or harbour authority (or, if the store is owned by such authority, licensed by the Minister) for that purpose.

(2) Subsection (1) does not apply to—

(a) a quantity not exceeding three gallons kept in suitable leak-proof containers, securely stopped and containing not more than one gallon each, or

(b) a quantity not exceeding sixty gallons kept in accordance with regulations of the Minister, for use in engines to which the regulations relate, or

(c) petroleum-spirit in the fuel tank of an engine for use therein, or

(d) a carrier or other person having petroleum-spirit for the purpose of conveyance in conformity with this Act or in the exercise of functions conferred on him by or under this Act.

22 Marking of containers.

22.—(1) Every container of petroleum-spirit (other than the fuel tank of an engine) shall be clearly and conspicuously marked with the words “Petroleum-Spirit” and “Highly Inflammable”.

(2) The Minister may, by regulations, provide for the marking of containers.

(3) Every person who has in his possession or under his control any container not marked in conformity with this section or such regulations shall be guilty of an offence.

23 Safety regulations.

23.—(1) The Minister may, by regulations, provide for the protection of persons against risk of injury caused by petroleum.

(2) Regulations may impose duties upon employers, employed persons, occupiers of premises and other persons.

(3) Before making any regulations the Minister shall publish in such manner as he thinks fit notice of his intention to do so and give persons desiring to make representations in relation to the proposed regulations an opportunity to do so.

PART IV Other Dangerous Substances

24 Dangerous substance. (New)

24.—(1) A dangerous substance for the purposes of this Part is a substance which the Minister by order declares to be such on the ground that in his opinion it constitutes a potential source of danger to person or property.

(2) An order under subsection (1) may apply any provision of this Act to the substance to which the order relates.

(3) Before making an order the Minister shall publish in such manner as he thinks fit notice of his intention to do so and give persons desiring to make representations in relation to the proposed order an opportunity to do so.

25 Safety precautions.

25.—A person engaged in the storage, labelling, packing or conveyance of any dangerous substance shall take all practicable steps to prevent risk of injury to person or property.

26 Safety regulations.

26.—(1) The Minister may, after consultation with the Minister for Health, by regulations provide for the protection of persons against risk of injury caused by any dangerous substance.

(2) Regulations may impose duties upon employers, employed persons, occupiers of premises and other persons.

(3) Before making any regulations the Minister shall publish in such manner as he thinks fit notice of his intention to do so and give persons desiring to make representations in relation to the proposed regulations an opportunity to do so.

PART V Notification and Investigation of Accidents

27 Notification of accidents.

27.—(1) Where any explosion or fire, or any accident involving a substance kept under licence, occurs in or about or in connection with licensed premises and occasions loss of life or injury to person or property, the licensee shall forthwith send to the Minister written notice of the accident and of the loss of life or injury.

(2) (a) No person shall, except with the consent of an inspector, disturb the place where any such accident occurred or tamper with anything thereat before—

(i) the expiration of three clear days after notification of the accident in accordance with subsection (1), or

(ii) that place has been visited by an inspector,

whichever first occurs.

(b) In any proceedings taken in respect of a contravention of this subsection consisting of the doing of any act, it shall be a defence to prove that the doing of that act was necessary for securing the safety of the place or persons thereat.

(3) Where, in or about or in connection with any vehicle or vessel on which any substance to which this Act applies is being loaded or conveyed, or from which it is being unloaded, any accident occurs involving loss of life or injury to person or property the owner of the vehicle or master of the vessel shall, if the accident involved such a substance, forthwith send to the Minister notice of the accident and of the loss of life or injury. This provision shall not apply in relation to fuel for use only on the vessel or vehicle.

(4) If the Minister considers that it is expedient that notice should be given under this section in case of an occurrence of any special class in or about or in connection with licensed premises, he may by regulations extend the provisions of this section to every occurrence of that class, whether loss of life or injury to person or property is caused or not.

28 Inquest in case of death by accident.

28.—(1) Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or other occurrence of which notice is required by this Part to be given, the provisions of this section shall have effect.

(2) The coroner shall adjourn the inquest unless—

(a) an inspector or some other person appearing on behalf of the Minister is present to watch the proceedings, or

(b) in case the inquest relates to the death of not more than one person and the coroner has sent to the Minister notice of the time and place of holding the inquest at such time as to reach the Minister not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest.

(3) If the coroner adjourns the inquest—

(a) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(b) he shall, at least four days before holding the adjourned inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquest.

(4) No person having a personal interest in or employed in or about or in the management of the premises concerned shall be qualified to serve on the jury.

(5) It shall be the duty of the person summoning the jury not to summon any person disqualified under subsection (4) and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury.

(6) The following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor:

(a) an inspector or any other person appearing on behalf of the Minister,

(b) any relative or friend of the person in respect of whose death the inquest is being held,

(c) the licensee or occupier of the premises concerned,

(d) the owner of any vehicle or master of any vessel concerned,

(e) any person appointed in writing by the majority of the persons employed at the premises,

(f) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed at the premises belongs,

(g) any person appointed in writing by any association of employers of which the licensee or occupier is a member.

(7) Where an inspector or a person on behalf of the Minister is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or occurrence, or of any defect in or about the premises appearing to the coroner or jury to require a remedy, the coroner shall send to the Minister notice in writing of the neglect or defect.

29 Power to direct formal investigation of accidents.

29.—(1) The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident or other: occurrence of which notice is required by this Part to be given and, of its causes and circumstances.

(2) The provisions of this section shall have effect in relation to the investigation.

(3) The Minister may appoint a competent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation.

(4) The person or persons so appointed (hereinafter referred to as the tribunal) shall hold the investigation in open court in such manner and under such conditions as the tribunal may think most effectual for ascertaining the causes and circumstances of the occurrence, and for enabling the tribunal to make its report.

(5) The tribunal shall have for the purposes of the investigation all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and in addition, power—

(a) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(b) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(c) to require the production of all books, papers and documents which it considers important for the said purposes;