- Assented to on 29 December 1966
- Commenced on 1 June 1968
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Explosives Act.
2. InterpretationIn this Act, unless the context otherwise requires—“acquire” includes hire, purchase and accept as an inheritance, gift, loan or on approval;“Chief Inspector” means Chief Inspector of Explosives appointed under this Act;“explosive” means—(a)nitroglycerin, dynamite, gun-cotton, blasting powder, gunpowder, and any other substance or mixture capable of being used for the purpose of producing an explosion;(b)any detonating fuse, igniter cord, safety fuse, fuse igniter, detonator or percussion cap and every adaptation or preparation of any explosive;(c)any other substance which the Minister may from time to time, by notice published in the Gazette, declare to be an explosive;“Inspector” means the Chief Inspector of Explosives and an Inspector of Explosives appointed under this Act;“manufacture” includes to make and divide any explosive from or into its component parts by any process, to convert an explosive into an explosive of another kind, and to alter or fit for use any explosive.
3. ApplicationNothing in this Act shall apply to—
4. Appointment and duties of Inspectors
5. Prohibition on acquisition or possession of explosives without licence or permitExcept as may otherwise be provided under this Act, no person shall acquire or have in his possession or use any explosive unless he holds a valid licence or permit in respect thereof issued under this Act by the Chief Inspector, or by an Inspector authorized by him in writing in that behalf.
6. Type of licence and permit
7. When storage licence may be issued
8. When dealer’s licence may be issued
9. When permit to possess may be issued
10. When blasting licence may be issued
11. Exemption of employeesA person who is employed by the holder of a licence or permit issued under section 7, 8, or 9 may have in his possession any explosive to which his employer’s licence or permit relates for the purpose of carrying out his duties in accordance with the terms and conditions of the licence or permit.
12. Exemption of carriersA person carrying on the business of a carrier or a servant of a carrier may have in his possession any explosive for the purpose of conveying such explosive to the holder of the licence or permit issued under section 7, 8, or 9.
13. Penalty for acquisition or possession of explosives without licence or permitSubject to sections 11 and 12, a person who acquires or has in his possession or under his control or who uses any explosive otherwise than in accordance with the terms and conditions of a licence or permit to do so issued under this Act, shall be liable to a fine of K50,000 and to imprisonment for one year.[8 of 2002]
14. Burden of proof
15. Manufacture of explosives
16. Destruction of explosives
17. Precaution against and reporting loss of explosives
18. Search of persons, vehicles, vessels and premises
19. Penalty for obstructing InspectorAny person who wilfully obstructs or hinders an Inspector in the exercise of any of the powers or duties conferred or imposed upon him by this Act, or who disobeys any lawful order of an Inspector, or who, upon demand, fails to answer as well as he is able, any question lawfully put to him by an Inspector, or who gives false information to an Inspector, whether in answer to any such question or not, shall be liable to a fine of K50,000 and to imprisonment for one year.[8 of 2002]
20. Revocation of permits and licences
21. Appeal against refusal to grant a permit or licence or revocation thereofAn appeal against the refusal to grant a permit or licence or the revocation thereof shall lie in the prescribed manner to the Minister, whose decision shall be final and shall not be questioned in any court, but no appeal shall lie against the result of any test or examination which, in terms of any regulations made under this Act, any person may be required to undergo in order to obtain a licence or permit.
22. Penalties for endangering safety or causing loss of life
23. Power to make regulations
History of this document
31 December 2014 this version
01 June 1968
29 December 1966