Regulations, 2010

L.N. 177 of 2010

EXPLOSIVES ORDINANCE

(CAP. 33.)

Control of Fireworks and other Explosives (Amendment)

Regulations, 2010

IN exercise of the powers conferred by article 22 of the

Explosives Ordinance, the Minister for Justice and Home Affairs has

made the following regulations:-

These regulations may be cited as the Control of Fireworks

and other Explosives (Amendment) Regulations, 2010 and they shall

be read and construed as one with the Control of Fireworks and other

Explosives Regulations, hereinafter in these regulations referred to as

"the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "Commissioner" there

shall be inserted the following new definitions

" "explosive" means, for the purposes of these regulations,

any chemical composition, either liquid, solid or gas, that is in a

state of unstable equilibrium and which when suitably initiated

by heat, shock or friction energy, is released in the form of heat,

light, sound and/ or pressure. The chemical composition is

basically made up of an oxidizer and a fuel;

"Explosives Committee" means the Committee established

in accordance with article 23 of the Ordinance;

"Fireworks Inspector" means a fireworks inspector

appointed in accordance with regulation 16A;";

(b) immediately after the definition "Ordinance" there shall be

inserted the following new definition

" "precursors" means any chemical substances that, when

combined or manufactured, produce a practical effect by

explosion or detonation, including a pyrotechnic effect, and

including, but not limited to, the precursors listed in the Fourth

Schedule.".

Regulation 6 of the principal regulations shall be amended Amends

regulation 6 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, for the word "thereto", there

shall be substituted the words "to the above-mentioned licence"; and

(b) in sub-regulation (3) thereof, for the words "a person

holding a Category ‘A’ licence", there shall be substituted the words

"the licensee of the fireworks factory".

Immediately after regulation 12 of the principal Adds new

regulation 12A to

regulations, there shall be added the following new regulation

the principal

regulations.

" Conditions

(1) The conditions stipulated in

for testing

regulation 12 shall mutatis mutandis apply to

and trial of

sample

any person who applies for a licence to

fireworks.

discharge fireworks as provided for in article

24 of the Ordinance, with a view to test or

make a trial of a sample of fireworks

manufactured.

(2) No more than four articles may be

discharged for testing or trial purposes in

anyone day.

(3) Notwithstanding the provisions of

regulation 12(a), fireworks shall be discharged

for the purpose of testing or trial only during

the times specified in the licence, which shall

be between 11.00am and 12.00 (noon) or

8.30pm and 9.00pm.".

5. Immediately after regulation 16 of the principal Adds new

regulation 16A to

regulations there shall be added the following new regulation

the principal

regulations.

" Fireworks

(1) The Minister may appoint

Inspectors.

fireworks inspectors, who shall, upon the

instructions of the Explosives Committee or

of the Commissioner of Police

(a) carry out inspections of

fireworks

factories

and

make

recommendations

as

to

ensure

conformity with legal requirements;

(b) carry out inspections at sites

from which fireworks have been, are

being or are going to be let off;

(c) assist, advice and make

recommendations to the Explosives

Committee, the Commissioner of Police

or the Minister as the case may be, on

any matters relating to the fireworks

sector; and

(d) carry out any other task as

may be directed by the Explosives

Committee or the Commissioner of

Police.

(2) Fireworks inspectors appointed in

accordance with this regulation shall have

such powers as are required in the

performance of their functions, which shall

include the right to enter and inspect any

fireworks factory.".

6. Immediately after sub-regulation (3) of regulation 19 of

the principal regulations, there shall be inserted the following new

sub-regulation

"(4) The importer shall deliver to the manufacturer a

material safety data sheet, and any labels or other specifications

with each supply of precursors made to the manufacturer, and

the manufacturer shall ensure that such material safety data

sheets, labels or other specifications are made available at the

fireworks factory.".

7. Regulation 20 of the principal regulations shall be

substituted by the following

" 20. (1) Notwithstanding any other law, a manufacturer

shall not sell or transfer under any title whatsoever and to any

person whosoever, any precursor listed in Part I of the Fourth

Schedule, or any partially manufactured fireworks. A

manufacturer may only sell, transfer or deliver under any title

whatsoever, fireworks the manufacture of which has been

completed and which are ready to be let off

Provided that any such sale, transfer or delivery of

finished fireworks shall be subject to the relevant license

requirements laid down in the Ordinance and in any regulations

made thereunder.

(2) No dealer or importer may sell, transfer or deliver

under any title whatsoever, to any person, not being the licensee

of a fireworks factory, any quantity of any precursor listed in

Part I of the Fourth Schedule, which was so imported for use in

the manufacturing of fireworks and any other oxidizing

precursors as the Commissioner may direct

Provided that the Minister may, by order in the

Gazette, make any additions, deletions or variations to the

Fourth Schedule.".

8. Immediately after regulation 20 of the principal Adds new

regulations to the

regulations, there shall be added the following new regulations

principal

regulations.

" Limitation

No fireworks factory shall purchase or

of

otherwise acquire potassium chlorate in a quantity

Potassium

exceeding 1150kg between the 1st October of one

Chlorate.

year and the 31st September of the next following

year.

(1) The licensee of a fireworks

Register.

factory shall enter in a register the quantity and

nature of

(a) any precursor and any explosive

acquired by or on behalf of the fireworks

factory;

(b)

precursors actually used; and

(c)

fireworks manufactured.

(2) This register shall, at all times, be open

to inspection by fireworks inspectors and the

Police.".

9. The First Schedule to the principal regulations shall be Amends the

First Schedule

amended as follows

to the principal

regulations.

(a)

immediately after the words "8 a.m." in paragraphs

1, 2, 4 and 5 thereof, there shall be added the words "or 9 a.m.";

(b) in paragraphs 1, 2 and 5 thereof, after the words "10

minutes", there shall be inserted the words "during this time

not more than 6 petards (murtali tal-bomba) are to be let

off";

(c)

in paragraph 4 thereof, after the words "30

minutes", there shall be inserted the words "during this time

not more than 6 petards (murtali tal-bomba) are to be let

off";

(d) the words "1 a.m. of the following day", wherever

they occur, in paragraphs 1, 2 and 3 thereof shall be substituted

by the words "midnight of that same day";

(e)

in paragraph 4 thereof, immediately before the

words "12 noon" there shall be inserted the words "11.45 a.m.

or";

(f)

in paragraph 5 thereof, immediately before the

words "12 noon/Sanctus" there shall be inserted the words

"11.45 a.m. or"; and

(g) immediately following subparagraph (b) of

paragraph 5 thereof, there shall be added the following new

subparagraph

"(c) an uninterrupted 30-minute break shall be

observed in the discharge of fireworks during the times

indicated in subparagraphs (a) and (b) above.".

10. The Second Schedule to the principal regulations shall be

amended as follows

(a)

the words "15 cms" in subparagraph (a) of

paragraph C shall be substituted by the words "12 cms"

wherever they occur in that paragraph;

(b) subparagraph (a) of paragraph C shall be substituted

by the following

"(a) Not more than 21 maroons not exceeding

15cms diameter and 15cms length to be fired (i) during

times for discharge commencing at 8.00a.m. or 9.00a.m. or

Te Deum, (ii) during times for discharge commencing at

11.45a.m or 12 noon", as a salute at (iii) exit of the statute

from the niche, (iv) during the Evening Service

(Translazzjoni), and (v) during the commencement of the

procession on the Feast Day.";

(c)

subparagraphs (b) and (c) of paragraph D, shall be

renumbered as (c) and (d) respectively and there shall be added

the following new subparagraph

"(b) To be discharged from at least 100 metres

distance from an inhabited area or public streets used

regularly by motor vehicles - whistles, coloured or

cracker shells arranged as a battery, up to a maximum

width in diameter not exceeding 7.6 cms and 7.6 cms in

length and single break and single shot shells, excluding

maroons up to a maximum width and height of 10cms,

not arranged as a battery.".

11. Immediately after the Third Schedule to the principal Adds a new

schedule to the

regulations shall be inserted the following new Schedule

principal

regulations.

"FOURTH SCHEDULE

Regulations 2 and 20

PRECURSORS

Part I

Barium Chlorate

Barium Nitrate

Bismuth Oxide

Bismuth Trioxide

Lead Tetraoxide

Potassium Biochromate

Potassium Chlorate

Potassium Dichromate

Potassium Nitrate

Potassium Perchlorate

Sodium Nitrate

Strontium Nitrate

Part II

Aluminium Dark

Aluminium Flitter

Aluminium Brilliant

Aluminium Atomized

Aluminium Granules

Antimony Oxalate

Antimony Sulphide

Antimony Trioxide

Antimony Trisulphide

Barium Carbonate

Barium Oxalate

Barium Sulphate

Boric Acid

Calcium Carbonate

Calcium Sulphate

Charcoal

Colophony Resin

Copper Oxychloride

Copper (I) Oxide

Copper (II) Oxide

Copper Carbonate

C PVC Powder

Copper Sulphate

Cryolite

Dextrin

Dyestuffs (various colours)

Ferro-Titanium

Graphite

Gum Arabic

Gum Aroids

Gum Red

Gum Copal

Hexamine

Iron

Lactose

Magnalium (Magnesium Aluminium)

Magnesium

Magnesium Carbonate

Parlon

Potassium Benzoate

PVC Powder

PVC Saran

Shellac

Silicon

Sodium Benzoate

Sodium Oxalate

Sodium Fluoride

Sodium Salicylate

Stearic Acid

Strontium Carbonate

Strontium Oxalate

Strontium Sulphate

Sulphur

Titanium

Zinc Oxide".

€0.65