ACT No. IX of 2018 AN ACT to amend the Explosives Ordinance, Cap. 33.

I assent.

(L.S.)

DOLORES CRISTINA

Acting President

3rd April, 2018

ACT No. IX of 2018

AN ACT to amend the Explosives Ordinance, Cap. 33.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The title of this Act is the Explosives Ordinance Short title.

(Amendment) Act, 2018 and this Act shall be read and construed as Cap.33.

one with the Explosives Ordinance, hereinafter referred to as the

"principal Ordinance".

Sub-paragraphs (ii) and (iii), including the proviso of Amendment of

paragraph (a) of article 4 of the principal Ordinance shall be article

principal

substituted with the following

Ordinance.

"(ii) any street which is used regularly for the passage of

motor vehicles not being a rural street or a street or path used

principally to provide access to fields or a street or path used

principally to provide access to a gunpowder factory; or

(iii) any other street within one hundred and eighty-three

metres of which it would not be advisable, in the opinion of the

Commissioner of Police after consultation with the Planning

Authority and the Authority for Transport in Malta, to establish

such a factory

The distance of one hundred and eighty three metres

referred to in this paragraph shall always be measured from the

centre of the magazine;".

In sub-article (1) of article 22 of the principal Ordinance the

words "regulations for the control" shall be substituted by the words

"regulations for the better implementation of the provisions of this

Ordinance, for the removal of difficulties in the implementation of the

provisions of this Ordinance and for the control".

Paragraph (b) of article 26C of the principal Ordinance shall

be substituted with the following

"(b) has

(i)

a history of drug dependence or abuse; or

(ii) a medical certificate which does not certify the

person physically or mentally able to work or enter into a

gunpowder factory:".

Immediately after article 26C of the principal Ordinance there

shall be added the following new article

(1) Saving the provisions of any other law,

"Exclusion from

holding a licence.

the Commissioner of Police shall not issue a licence

under this Ordinance or under regulations made under

this Ordinance to any person who, in the preceding five

years of his application for a licence, has

(a)

been convicted of

(i) an offence involving violence or

attempted or threatened violence against the

person; or

(ii) an offence under this Ordinance or

the Arms Act; or

(iii) an offence of bodily harm with an

arms proper or other instrument or of taking up

any arm proper or other instrument against other

persons; or

(iv) an offence of theft; or

(v) an offence against the laws relating to

white slave traffic or traffic of persons; or

(vi) an offence relating to trafficking in

drugs; or

(vii) any other offence that the Minister

may by regulation prescribe from time to time

Provided

that,

notwithstanding

anything contained in the Probation Act, for the

purposes of this paragraph a person shall be

deemed to have been convicted even if any of the

provisions of the said Act may have been applied

in his regard; or

(b)

has

(i)

a history of drug dependence or

abuse; or

(ii) a medical certificate which does not

certify the person physically or mentally able to

work or enter into a gunpowder factory.

(2) Notwithstanding the provisions of sub-article

(1) a licence under this Ordinance may be granted by

special authority of the Minister in the circumstances

provided in those sub-articles.

(3) A licence may be refused to any person in the

interest of public order or in the interest of the safety of

such person or of the general public.

(4) Any person aggrieved by a decision of the

Commissioner in accordance with sub-article (1) of this

article may appeal to the Minister within seven days

from the notification in writing of the refusal by the

Commissioner and the Minister, in the exercise of his

functions under this sub-article, may seek the advice of

the Explosives Committee. The decision of the

Minister shall be final and conclusive.".

6. All gunpowder factories which on the coming into force of this Transitory

Act shall have been in existence since, or before, the year 1994 and are provision.

still currently in existence as evident from the relevant photography of

the authority responsible for planning, shall be considered as eligible,

should the need arise, for the issue of a permit for the establishment of a

gunpowder factory if that factory is in conformity with the provisions of

the principal Ordinance as amended by this Act notwithstanding any

provision of any other law.

Passed by the House of Representatives at Sitting No. 96 of the 21st

March, 2018.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54