EXPLOSIVES ORDINANCE

EX PL OSIVE S

CHAPTER 33

EXPLOSIVES ORDINANCE

To amend and consolidate the laws relating to explosives.

15th July, 1904

ORDINANCE XII of 1904, as amended by Ordinances IV of 1920 and XL of 1940; Acts

XXXV of 1949 and XXVII of 1955; Ordinances XVIII of 1960, XVII of 1961 and XXV of 1962;

Legal Notices 4 of 1963 and 46 of 1965; Acts LVIII of 1974, XXII of 1976, XI of 1977, XLIX of

1981, XIII of 1983, VIII of 1990 and III of 2002; Legal Notice 407 of 2007; and Acts VIII of

2008, XX of 2012, IX of 2018 and XVII and XXI of 2020 and XVI of 2022 and XXXV of 2023.

The short title of this Ordinance is the Explosives

Ordinance.

In this Ordinance -

"Commissioner of Police" means the officer holding that

appointment, as well as any person having an express or implied

authority to act for the said Commissioner in carrying into effect

the provisions of this Ordinance;

the word "explosive" means -

gunpowder, nitroglycerine, dynamite, gun-cotton, blasting-

powders, fulminate of mercury or of other metals, coloured fires,

chlorate of potash, chlorate of barium, and every other substance

whether similar to those above mentioned or not, used or

manufactured with a view to producing a practical effect by

explosion or a pyrotechnic effect; and includes fog-signals,

fireworks, fuses, rockets, percussion caps for mines, detonators,

cartridges, ammunition of all descriptions and every adaptation or

preparation of an explosive as above defined;

"factory" means any building or premises or any part thereof

wherein explosives are manufactured or wherein any process of

such manufacture is carried out;

the words "fine" ( ammenda or multa ), "detention" and

"imprisonment" indicate the punishments referred to under those

names in the Criminal Code;

the word "gunpowder", when used alone, does not include any

other explosive;

"inhabited place" means any place in which there is an

aggregation of houses inhabited, or capable of being inhabited, by

more than one hundred persons;

"sale" includes any exchange of things and any datio in solutum;

"shop" means any place in which goods are sold, or in which a

trade or an art is carried on;

"street" means any street, road, lane, square, or other public

thoroughfare, even though it forms part of any fortification.

PART I

E XPLOSIVES

(1) No person shall introduce into Malta gunpowder or

other explosives or establish or keep any gunpowder factory or

firework factory or any other factory in which explosive powders

or other explosives are manufactured, without a licence from the

Commissioner of Police. Such licence shall not be granted unless

the necessary precautions for protecting life and property have been

taken.

(2) No person shall manufacture gunpowder or carry out any

process of such manufacture except at a gunpowder factory

licensed under this Ordinance, nor shall any person manufacture

fireworks, or explosive powders or other explosives except at a

firework factory, or other factory for the manufacture of explosive

powders, or other explosives, licensed under this Ordinance

Provided that nothing in this article shall apply to the

making of a small quantity of gunpowder or other explosives for

the purpose of chemical experiment, and not for other use or for

sale

Provided further that upon a reasonable suspicion that a

serious breach of the provisions of this Ordinance has occurred, the

Commissioner of Police shall have the right to close a gunpowder

factory or any other similar factory for a period not exceeding two

weeks, so however that if at any time criminal proceedings are

commenced relating to such factory for the breach of any provision

of this Ordinance, the court may, pending the proceedings, of its

own motion or at the request of the prosecution, order such factory

to be closed until the termination of the proceedings by a final

judgment.

The following precautions shall be required to be observed

to the satisfaction of the Commissioner of Police in every case in

which a gunpowder factory or other similar factory is established

(a) that the factory shall be at a distance of not less than

one hundred and eighty-three metres from -

(i) any inhabited place;

(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;

(b) that the factory shall be surrounded by a wall or other

solid fence of a height of not less than four metres and

provided with an efficient lightning conductor

Provided that no such wall or any other solid fence shall

be required for fireworks factories;

(c) that there shall be a magazine for the storage of

gunpowder or other explosives at a sufficient distance

from the factory buildings;

(d) that separate buildings at a convenient distance from

each other shall be used for each process of

manufacture;

EX PL OSI VES

(e) that no work shall be done at night or by artificial light

or during a thunderstorm or when the state of the

weather is such as to give reason to believe that a

thunderstorm is imminent;

(f)

that any gunpowder or other explosives which are

manufactured shall be removed to the magazine within

twenty-four hours

Provided that, independently of the conditions above-

mentioned, the Commissioner of Police may, whether of his own

accord as well as on the recommendations specifically made by the

Inspectorate Committee, impose different and onerous conditions,

among which that the explosives be stored in a separate and distinct

place from the one wherein they are prepared, as well as that the

factory schedules its tasks according to the manner in which the

Commissioner of Police may prescribe, as to those amounts, times

and necessary methods, and that by the 15th December of each

year, a detailed plan of action be submitted for the following year.

No gunpowder or other explosive shall be kept in the

premises in respect of which a licence under article 3 has been

granted, in a greater quantity than is specified in the licence; such

quantity shall in no case exceed that quantity as may be prescribed

by regulations made by the Minister responsible for the police.

(1) No quantity of dynamite, gun-cotton, fulminate of

mercury or other fulminates, picrates, substances having

nitroglycerine as their principal component part, or other

substances which, when mixed together or alone, may produce

effects similar to those produced by dynamite or any of the

substances mentioned in article 2, shall be used, sent, or delivered

by the manufacturers or retailers except to public authorities, or to

persons authorised by a permit signed by the Commissioner of

P o l i c e t o m a ke pu r c h a s e s t h e r e o f in su c h qu a nt i t ie s as a r e

prescribed in the permit.

(2) In any such case, the manufacturer or retailer shall, at the

time of the sale or delivery, state on the permit the quality and the

quantity of the substances sold or delivered, and shall date and sign

such statement.

(3) Persons holding a licence from the Police under article 205

of the Code of Police Laws to carry a shotgun for the purpose of

pursuing or killing game may purchase sporting cartridges and

sporting powder for filling cartridges for the said shotgun from

retailers on presentation of the above-mentioned licence, and, in

such cases, the retailer shall enter, date and sign the statement

required by subarticle (2) on the reverse of the licence, and no other

permit shall be required for such sale or purchase.

(1) The permit mentioned in the last preceding article shall

not be granted unless the person applying for the same proves that

he requires to use explosives in the exercise of his profession, art or

trade.

(2)

Any person to whom explosives are sold or delivered by

virtue of the said permit shall take all due precaution for preventing

other persons from having access to such explosives, and shall not

sell, transfer, or deliver such explosives, without a licence from the

Police.

(1) Manufacturers of or dealers in the substances

mentioned in article 3 shall enter in a register the quantity and

nature of the explosives which they manufacture, acquire or sell,

and the name, surname, occupation, nationality, and place of

residence of and other particulars relating to the persons to whom

the sale or the delivery is made

Provided that fireworks factories shall also keep such registers

as may be prescribed by regulations made by the Minister responsible

for the police.

(2) The register shall, before any entry is made therein, be

numbered and signed on each page by the Police, who shall also

note on the last page the number of pages which the register

contains.

(3) The said register shall, at all times, be open to inspection by

the Police who shall also have the power to inspect the

establishments and the magazines wherein explosives are stored in

order to ascertain whether the amount shown by the entries in the

register corresponds to the amount of explosive so stored.

(1) No person shall keep for sale, or store gunpowder or

explosives without a licence from the Commissioner of Police.

(2) Such licence shall be granted subject to the condition that

the seller shall report to the Police any sale made by him as well as

the name and address of the purchaser.

(1) Such licence shall be valid only for the person named

in the licence and in respect of the place appointed therein.

(2) The amount of gunpowder and the amount and nature of the

explosives that may be kept in the place appointed in the licence

shall be specified in the licence.

(1) With the exception of gunpowder, no explosives

containing nitroglycerine, picrates, fulminates, chlorate of potash

or similar explosives, or explosives the composition of which is not

known or is not clearly determined, shall be kept in shops licensed

for the retail of explosives.

(2)

Nothing in this article shall affect the provisions of article

(1) Il-Kummissarju tal-Pulizija ma jistax jagħti liċenza

sabiex jinżammu iżjed minn seba’ kilogrammi ta’ porvli tal-isparar

fi ħwienet f’postijiet abitati, jekk dan il-porvli jkun miżmum sfuż

ġo kaxex, xkejjer jew bramel, jew magħluq f ’pakketti jew kaxex

tal-kartun jew f’reċipjenti oħra bħal dawn; iżda jista’ jagħti liċenza

sabiex jinżamm porvli sa tlieta u għoxrin kilogramm, jekk dan il-

porvli jkun miżmum magħluq għal kollox f ’kaxex tal-metall jew

f’reċipjenti oħra tajba daqshom sabiex jinżamm fihom, basta li l-

porvli jiġi merfugħ f ’post maqtugħ għalih mhux użat għall-

abitazzjoni u, jekk jista’ jkun, jiġi mqassam biċċa f’banda u biċċa

f’oħra tal-fond.

(2) Il-Kummissarju tal-Pulizija jista’ fid-diskrezzjoni tiegħu

jiddikjara liema ħwienet jistgħu jkollhom din il-liċenza.

Fil-każ ta’ ħwienet li m’humiex fl-abitat, il-Kummissarju

tal-Pulizija jista’ jagħti liċenza biex jinżamm id-doppju tal-

kwantità msemmija fl-aħħar artikolu qabel dan.

12. (1) The Commissioner of Police shall not grant a licence

for the keeping of more than seven kilogrammes of gunpowder in

shops in inhabited places, if the gunpowder is kept loose in boxes,

bags or barrels, or is contained in closed packages, or cardboard

boxes or similar receptacles; but he may grant a licence for the

keeping of gunpowder in quantities up to twenty-three

kilogrammes, if the gunpowder is kept completely closed in metal

cases or other receptacles equally suitable for its keeping, provided

EX PL OSI VES

that the gunpowder be kept in detached premises not used as a

dwelling-house, and be, if practicable, distributed in lots in

different parts of the premises.

(2) It shall be in the discretion of the Commissioner of Police

to determine in respect of which shops the licence may be granted.

13. In the case of shops not situate in an inhabited place the

Commissioner of Police may grant a licence for the keeping of

double the quantities mentioned in the last preceding article.

14. The Commissioner of Police may authorize the storage of

loaded cartridges containing not more than twelve kilogrammes,

net weight, of explosive substances in retail shops situate in an

inhabited place, and not more than twenty-three kilogrammes in

retail shops not situate in an inhabited place.

Percussion caps and empty cartridge cases with caps and

fuses may be kept in any place without any restriction as to

quantity; but if gunpowder or other explosives be also stored in the

premises, dealers shall keep the percussion caps, empty cartridge

cases and fuses separate therefrom, by means of partitions.

(Deleted by Act XX. 2012.4).

Explosives or very inflammable substances shall in all

cases be kept in fire-proof receptacles and at a safe distance from

gunpowder or from any receptacle in which gunpowder is kept.

All gunpowder exceeding five hundred grammes in weight

shall be kept in a substantial case, bag, canister or other receptacle

made and closed so as to prevent the gunpowder from escaping.

No person shall sell or expose for sale gunpowder or other

explosives in any street, nor shall any person sell or give

gunpowder or other explosives to any person not in possession of a

licence as prescribed under this Ordinance or under regulations made

under this Ordinance.

No person shall sell gunpowder exceeding five hundred

grammes in weight, except in a substantial case, bag, canister or

other receptacle made and closed so as to prevent the gunpowder

f r om e s c a pi ng , a nd w i th t h e w o rd s "Gu np o w d e r/ P orvl i" in

conspicuous characters affixed to the outerm ost receptacle

containing such gunpowder.

The following rules shall be observed in the conveyance of

gunpowder

(a) gunpowder in quantities not exceeding two

kilogrammes shall be conveyed in receptacles of the

description mentioned in article 18;

(b) gunpowder in quantities exceeding two kilogrammes

shall be conveyed either in a single package or a

double package.

A single package shall be a box, barrel, or other case

of such strength, construction and character that it will

not be broken or accidentally opened or become

defective or insecure whilst being conveyed, and will

not allow the gunpowder to escape. If the gunpowder

is conveyed in a double package, the inner package

shall be a substantial case, bag, canister or other

receptacle made and closed so as to prevent the

gunpowder from escaping, and the outer package shall

be a box, barrel or other receptacle of wood or metal or

other solid material, of such strength, construction and

character that it will not be broken or accidentally

opened or become defective or insecure whilst being

conveyed and will not allow the gunpowder to escape;

(c) the interior of every package shall be kept free from

grit and otherwise clean;

(d) no other substance shall be put in the same package

containing the gunpowder;

(e) no iron or steel shall be used in the construction of any

such package, unless the same is covered with tin, zinc

or other suitable material so as effectually to prevent

the exposure of such iron or steel;

(f)

the amount of gunpowder in any single package, or, if

there is a double package, in any one outer package,

shall not exceed forty-five kilogrammes;

(g) on every outer package there shall be affixed the words

"Gunpowder/Porvli" in conspicuous characters.

(1) The Minister responsible for the Police may make,

and, when made, amend, repeal or re-enact 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, restriction or prohibition of the importation,

manufacture, preparation, storage, keeping, conveyance, handling,

distribution and use of explosives, and in particular but without

prejudice to the generality of the foregoing power, may make

regulations for all or any of the following purposes

(a) for the construction, lay-out, materials and internal

and external fittings of gunpowder factories, fireworks

factories, or other factories, magazines, store or shops,

whether ashore or afloat, in which explosives are

prepared, kept, or sold, as well as for any other

precautions to be observed in such places;

(b) for the qualifications as to age, health, previous

conduct, technical ability, and such other respects as

may be prescribed in the regulations, and for the

obligations of persons who own or who are employed

in or have access to the said factories, magazines,

stores or shops, or are the licensees thereof, or who are

in any way concerned in the conveyance,

manipulation, ignition or setting-off of explosives,

including the requirement that any licence granted for

EX PL OSI VES

the keeping of an explosives factory shall be subject to

the taking out, at the expense of the licensee, of a

policy of insurance, whether individual or collective,

covering every employee and every person having

access to the said factory as a voluntary worker against

death or permanent disablement arising out of and in

the course of his work in a sum of not less than two

thousand and three hundred and twenty-nine euros and

thirty-seven cents (2,329.37);

(ba) for activities taking place within an exclusive economic

zone area and environment protection area as defined in

the Exclusive Economic Zone Act;

(c) for any incidental and supplementary matters for

which the Minister responsible for Police thinks it

expedient for the purposes of the regulations to

provide.

(2) Regulations made under this article may provide that, in

respect of offences under any one or more regulations or under any

one or more classes of regulations, the provisions of the Probation

Act, or of article 21 of the Criminal Code shall not apply.

(1) The President of Malta may appoint a committee

consisting of three experts to assist the authorities in carrying out

the foregoing provisions of this Part.

(2) It shall be lawful for any member of such committee and for

any Police officer not inferior in rank to sub-inspector, to enter any

of the places referred to in article 5 in order to satisfy himself that

the foregoing provisions are being complied with, and also to enter

any other place in which the Police have reasonable cause to

believe that gunpowder or any other explosive is kept or that

g u n p o w d e r, e x p l o s i v e s o r f i r e w o r k s a r e m a n u f a c t u r e d , i n

contravention of this Ordinance.

(1) No person shall, without a licence from the Police, set

fire to or let off petards, bombs, rockets, or other fireworks

whatsoever, or fire-balloons, or generally cause any explosion or

make any fire which may cause danger, in any place whatsoever.

(2) The issue of the licence mentioned in subarticle (1) shall be

subject to the condition that the said operations shall be carried out

in an enclosed place, and, on the occasion of festivals or other

public gatherings, at such a distance from the crowd as to avoid

danger of accidents.

(3) Where an offence against the provisions of subarticle (1) is

committed and the offender is not known, the lessee or the occupier

of the building in which the offence is committed, or if the building

is not inhabited, the person having the management or control of

such building, shall be answerable for the offence, provided he

could have prevented the commission thereof.

(1) No one shall set fire to any stubble in any field at a

distance less than ninety-two metres from any house, building,

plantation, stack of corn, straw, or forage, or any other deposit of

combustible materials.

(2) Any person making any such fire beyond the distance

mentioned above, shall take all the necessary precautions for the

safety of the property of others, and shall attend personally and

with a sufficient number of persons, until the fire is put out.

It shall not be lawful for any person, at any time or in any

place, to make use of or keep in his possession explosives for

fishing purposes.

Any police officer may arrest without warrant any person

who has committed, or attempted to commit, or is reasonably

suspected by the officer of having committed or attempted to

commit, an offence against the provisions of this Ordinance, or of

any regulations made thereunder, if he has reasonable ground for

believing that that person will abscond unless arrested, or if the

name and address of that person are unknown to and cannot be

ascertained by him.

The Commissioner of Police may, saving the provisions of

any other existing law, suspend any licence in the course of any

proceedings for an offence against the provisions of this Ordinance.

Saving the provisions of any other law, the Commissioner

of Police shall revoke any licence or licences, as the case may be,

issued under this Ordinance or under regulations made under this

Ordinance to any person who

(a) has been convicted of

(i)

a serious offence against the provisions of this

Ordinance or against the regulations made under

article 22; or

(ii) a serious offence involving violence or

attempted or threatened violence against the

person; or

(iii) a serious offence under the Arms Act; or

(iv) 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

(v) an offence of theft; or

(vi) a serious offence against the laws relating to the

suppression of prostitution, white slave traffic or

traffic of persons; or

(vii)

a serious offence relating to trafficking in drugs;

or

(viii) any other serious 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

EXPLOSIVES

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

(1)

Saving the provisions of any other law, 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) may appeal to the Administrative

Review Tribunal within seven days from the notification in writing

of the refusal by the Commissioner.

PART II

P ENAL P ROVISIONS

Whosoever shall commit an offence against the provisions

of article 3 shall, on conviction, be liable to imprisonment for a

term from two to five years or to a fine (multa) of not less than five

thousand euro (€5,000) and not more than twenty-five thousand

euro (€25,000), or to both such imprisonment and fine.

The same punishment shall be awarded to any person who

shall knowingly suffer any building of which he is the occupier, or

of which he has the control or management, to be used for the

storage or manufacture of gunpowder, explosives, or fireworks in

contravention of the provisions of this Ordinance.

(1) Whosoever, in contravention of the provisions of Part I

of this Ordinance shall keep in his house or in any other place, or

shall prepare, sell, or offer for sale, or deliver to unauthorized

persons, gunpowder or any of the other substances referred to in

article 6, shall, on conviction, be liable to imprisonment for a term

from six months to two years or to a fine (multa) of not less than

fifteen thousand euro (€15,000) and not more than fifty thousand

euro (€50,000), or to both such imprisonment and fine.

(2) Where gunpowder or any other substance as referred to in

subarticle (1) and which are kept, prepared, sold, offered for sale or

delivered as provided in subarticle (1) cause an explosion in

consequence whereof the death of an other person or bodily harm

to another person ensues, the person who kept, prepared, sold,

off e r e d f o r s a l e o r de l i ve r e d t h e sa m e g u n p o wd e r or o t h e r

substance shall, upon conviction, be liable as follows

(a) where the death of another person has ensued, to the

punishment of imprisonment not exceeding four years;

(b) where a bodily harm which produces any of the effects

mentioned in article 218 of the Criminal Code has

ensued, to the punishment of imprisonment not

exceeding two years or to a fine (multa) of not less

than eight thousand euro (€8,000) but not exceeding

eighty thousand euro (€80,000) or to both such fine

and imprisonment;

(c) where a bodily harm which does not produce any of

the effects mentioned in article 218 of the Criminal

Code has ensued, to the punishment of imprisonment

not exceeding one year or to a fine (multa) of not less

than two thousand five hundred euro (€2,500) but not

exceeding twenty thousand euro (€20,000) or to both

such fine and imprisonment.

EXPLOSIVES

Whosoever, in contravention of the provisions of Part I of

this Ordinance, shall convey from one place to another gunpowder

or explosives, shall, on conviction, be liable to imprisonment for a

term from three months to one year or to a fine (multa) of not less

than two thousand euro (€2,000) and not more than twenty

thousand euro (€20,000), or to both such imprisonment and fine.

Whosoever shall commit an offence against the regulations

made under article 22, shall, on conviction, be liable to the

punishment laid down in article 30 if the offence is against any of

the regulations relating to the conveyance of gunpowder or

explosives, or to the punishment laid down in article 29 if the

offence is against any of the regulations relating to any of the other

matters referred to in article 22.

Whosoever, in the cases referred to in articles 8 and 23(2)

or in the regulations made under this Ordinance, shall in any way

obstruct the members of the committee, or the Police officers

mentioned in those articles, in affecting an entrance into the places

and for the purposes therein stated, shall, on conviction, be liable to

a fine (multa) not exceeding one thousand euro (€1,000) or to

imprisonment not exceeding six months, or to both such fine and

imprisonment.

(1) Whosoever shall commit an offence against the

provisions of article 24 shall, on conviction, be liable to the

punishment laid down in article 29

Provided that, where the offence consists in the discharge

without the required licence, permit or authorisation of fireworks

consisting of Bengala lights or of lances with a coloured flame having

a diameter which in any case does not exceed two and a half

centimetres (2.5cm) or of coloured smoke canisters of a similar

volume, and such discharge did not cause bodily harm or damage to

property, the applicable punishment shall be of a fine (multa) of not

less than one hundred and twenty euro (€120) and not more than three

hundred and fifty euro (€350).

(2) Whosoever shall commit an offence against the provisions

of article 25 shall, on conviction, be liable to a fine (ammenda) of

not less than one hundred and fifty euro (€150), and, in serious

cases, to detention for a period of not less than one month in

addition to such fine.

Whosoever shall commit an offence against the provisions

of article 26 shall, on conviction, be liable to imprisonment for a

term from one to nine years.

PART III

G ENERAL P ROVISIONS

The Minister responsible for the Police may by order

declare that any substance which appears to him to be specially

dangerous to life or property by reason of its explosive properties,

or of any process in the manufacture thereof being liable to

explosion, shall be deemed to be an explosive within the meaning

of this Ordinance, and the provisions of this Ordinance (subject to

such exceptions, limitations, and restrictions as may be specified in

the order) shall accordingly extend to such substance in like

manner as if it were included in the term "explosive" in this

Ordinance.

Any person who carries on any of the following processes,

namely, the process of dividing into its component parts or

otherwise breaking up or unmaking any explosive, or making fit for

use any damaged explosive, or the process of remaking, altering or

repairing any explosive, shall be subject to the provisions of this

Ordinance as if he manufactured an explosive.

(1) It shall be lawful for the Minister responsible for the

Police from time to time by order to define, for the purposes of this

Ordinance, the composition, quality and character of any explosive

and to classify explosives.

(2) Where the composition, quality or character of any

explosive has been so defined by the Minister responsible for the

Police, any article alleged to be such explosive which differs from

such definition in composition, quality or character, whether by

reason of deterioration or otherwise, shall not be deemed, for the

purposes of this Ordinance, to be the explosive so defined.

All regulations or orders made by the Minister responsible

for the Police under this Ordinance shall be published by a notice in

the Government Gazette, and shall come into operation on the date

of such publication or such other date as may be made in such

regulations or orders.

(Deleted by VIII. 2008.10).

EXPLOSIVES

(1) Where any offence against this Ordinance or of any

regulations made thereunder is proved to have been committed, the

"corpus delicti", the instruments, including any vehicle or vessel

used or intended to be used in the commission of the offence, as

well as any substance or thing produced by the offence shall be

forfeited unless some person, who has not taken part in the offence,

has a lawful claim to such instruments, vehicles, vessel, substances,

or things and brings forward such claim within four working days

from the day on which the judgment by which the offence is

declared to have been committed becomes definitive.

(2) Notwithstanding anything contained in the preceding

subarticle or in any other provision of law, in any criminal

p r o c e e d i n g s a g a i n s t a n y p e r so n f o r a n o ff e n c e a g a i n s t t h e

provisions of this Ordinance or of any regulations made thereunder,

the court, immediately after the reading of the charge or of the

Police report or at any time thereafter, if it is satisfied that any

explosive connected with the proceedings cannot be preserved for

the duration of the proceedings without danger to persons or

property, shall order the destruction of any such explosive under

such expert supervision as it may deem expedient in the

circumstances provided that in any such case the court will take all

necessary steps to describe the aforesaid explosive and the state

thereof.

(3) In the case of any repertus under article 558 of the Criminal

Code where the document discovered consists of any explosives

and it is shown to the satisfaction of the court that the provision of

the said article regarding the preservation of the explosive cannot

in any way be applied without danger to persons or property, the

court shall proceed to order the destruction of the explosive with

the precautions specified in the preceding subarticle including

those relating to the description thereof.

On conviction for an offence under this Ordinance, the

court may, at the request of the prosecution or on its own motion,

cancel any licence held by the offender in respect of any factory,

shop or other premises wherein or within the precincts whereof the

offence was committed, and, in the case of an offence committed

through the use of a vehicle, both the offender’s driving licence and

any licence held by him in respect of the vehicle to which the

offence relates

Provided that nothing in this article shall be deemed to

affect any powers of the Commissioner of Police under this or any

other law to cancel or suspend any licence.

The provisions of article 24 of the Probation Act

concerning the power of the court to order the offender to pay

damages shall, mutatis mutandis, also apply whenever a person is

sentenced upon conviction for an offence against the provisions of

this Ordinance.

The punishments prescribed by this Ordinance or any

regulations made thereunder shall only apply when the fact does

not constitute an offence punishable with a higher punishment

under the Criminal Code, or any other law; in which case the

punishment laid down in that Code or other law shall apply.

Proceedings for an offence against any regulations made

under this Ordinance, in so far as they are not accompanied by an

offence against this Ordinance, shall be instituted by the Police in

the Court of Magistrates (Malta) when the offence is committed in

Malta, and in the Court of Magistrates (Gozo) when the offence is

committed in Gozo or Comino.

Saving the provisions of this Ordinance, any damages

arising from any offence under the same shall be recoverable by the

injured party as a civil debt.

Where, in respect of a person found guilty of an offence

against this Ordinance, the prosecution declares in the records of

the proceedings that such person has helped the Police to

apprehend the person or persons who supplied him with the

explosives, or the person found guilty as aforesaid proves to the

satisfaction of the court that he has so helped the Police, the

punishment shall be diminished, as regards imprisonment by one or

two degrees, and as regards any pecuniary penalty by one-third and

one-half respectively.

Where a person, who has been convicted of an offence

against the provisions of this Ordinance, or of any regulations made

thereunder, commits a second like offence, he shall be liable, on

conviction, to the punishment for the offence increased by two

degrees, and on a third or subsequent conviction, by three degrees.

(Deleted by Act XX. 2012.9).

(1) Where an offence has been committed against the

provisions of this Ordinance, the court shall, in addition to any

other punishment, in its sentence or at any time thereafter, at the

request of the prosecution

(a) where any immovable property has been used for the

manufacture, sale, exposition for sale, or storage of

explosives as described in the bill of indictment or in

the charge, order the forfeiture in favour of the

Government of any real title which the offender holds

on such immovable property;

(b) where the offender is not the absolute owner but holds

any other real title on the immovable property, or has a

title, other than a real title, in virtue of which he has

the control of or a right of access to such property, the

court shall order the offender to pay a fine (multa) of

not less than ten thousand euro (€10,000) but not

exceeding sixty thousand euro (€60,000) as the court

shall determine after taking into account the value of

EXPLOSIVES

the immovable property and the value of the real title

thereon, if any, forfeited as aforesaid;

(c) saving the provisions of the Criminal Code, make an

order whereby the provisions of paragraphs (a) and (b)

shall be applied, mutatis mutandis, to or in respect of

any vessel or vehicle, used for the keeping, storing or

conveyance of, or for the selling or dealing in,

explosives; and

(d) order the forfeiture in favour of the Government of the

immovable property used for the manufacture, sale,

exposition for sale, or storage of explosives, of the

person so found guilty even if the immovable property

has, since the offender was charged, passed into the

hands of third parties.

(2) Any decision as is mentioned in subarticle (1) ordering the

forfeiture of immovable property or of any title to such property

shall be deemed to be and shall be enforceable as a civil judgment

transferring that title in favour of the Government, and the

Attorney General shall, for the purposes of article 239 of the Code

o f Org a n i z a t io n a n d C i vi l P r oc e d u re , be co n s i de r e d a s t he

interested party that may obtain the registration of such transfer.

(1) Where a person is charged under this Ordinance or

under regulations made thereunder, and such person is a person in

possession of a licence, permit or authority issued to him by a

competent authority in or in connection with the exercise of any

art, trade, calling or other occupation and the offence is committed

in a place licenced under this Ordinance, or under any other law,

t h e c o u r t m a y m a k e a n o r d e r, h e r e i n a f t e r r e f e r r e d t o a s a

"suspension order", suspending such licence, permit or authority.

(2) The suspension order shall remain in force for the whole

duration of the proceedings until final judgment.

(3) Any person who does any act for the doing of which a

licence, permit or authority is required under any law and such act

is done when that licence, permit or authority had been suspended

by virtue of a suspension order shall be deemed to have so acted

without the required licence, permit or authority.

Saving what is provided in article 40B, the provisions of

articles 21 and 28A of the Criminal Code and the provisions of the

Probation Act shall not be applicable in respect of any person

convicted of an offence under this Ordinance.

On conviction for an offence under the provisions of this

Ordinance or of any regulations made thereunder, the court may

order the offender to pay to any injured party such sum of money

that may be determined by the court in that direction as

compensation for any such loss as aforesaid or for any damages or

other injury or harm caused to such party by or through the offence.

In case of any contravention against the provisions of this

Ordinance or of any regulations made thereunder the court, besides

awarding punishment, shall order the offender, where the occasion

so requires, to remove any nuisance arising from the contravention,

or, according to circumstances, to carry out the law within a time,

sufficient for the purpose, to be fixed by the court: and if the

offender fails to comply with any such order within the time so

fixed, he shall be liable to a fine (ammenda) of not less than twenty-

five euro (€25) and not more than one hundred euro (€100) for

every day during which the nuisance or non-compliance with the

law continues after the expiration of the said time.

The court may also order that the nuisance be removed, or

that the law be carried out, by the Police at the expense of the

offender, in which case he may, under a warrant issued by the said

court, be made to refund such expense.

(1) Where the offender is, on account of mental disease or

other illness, unable to appear in court, or is absent from Malta or

has absconded, and the Commissioner of Police certified on oath

that it is urgently required that the nuisance caused by the offence

be abated, or that the law be otherwise enforced, the court shall

order the summons to be served, in either of the first two cases, on

the lawful representative, or the person having the custody of the

offender, and in the other cases, or if the offender, being insane, is

not under the care of any person, on the husband or wife, or on a

near relation by consanguinity or affinity of the offender or on the

person, if any, entrusted with the management of his property.

(2) In any such case, if the offence is proved, the court shall

apply the provisions of article 46 or of article 47; provided that

where there be room for the application of any punishment against

the offender who is insane or absent, the court shall adjourn the

case until he is fit to stand trial or until his return.

*

The provisions of this Ordinance shall not apply to the

Armed Forces of Malta.

TRANSITORY PROVISIONS

Any regulations made by the competent authority in

pursuance of the powers conferred by any of the enactments

repealed by this Ordinance † and which are not inconsistent with the

provisions of this Ordinance shall remain in force until new

regulations are made in substitution therefor, under this Ordinance.

*Reference to the Visiting Forces Act, 1966, has been omitted in view of the repeal of

that Act by Act IX of 1982.

†The repealing provisions are omitted under the Statute Law Revision Ordinance,

1936 and the Statute Law Revision Act, 1980.