Regulations, 2012

L.N. 77 of 2012

EXPLOSIVES ORDINANCE

(CAP. 33)

Control of Fireworks and other Explosives (Amendment)

Regulations, 2012

IN exercise of the powers conferred by article 22 of the

Explosives Ordinance, the Minister for Home and Parliamentary

Affairs has made the following regulations:-

The title of these Regulations is the Control of Fireworks Citation and

and other Explosives (Amendment) Regulations, 2012 and they shall Commencement

.

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

Explosives Regulations, hereinafter referred to as "the principal S.L. 33.03.

regulations".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4of

as follows

the principal

regulations.

(a) immediately after regulation 4(2)(d) thereof there shall be

added the following new paragraph

"(e)

Category "TEMP"- for persons holding a valid

licence to let off fireworks in another State, particularly in a

Member State, and who are authorised to let off fireworks in

Malta for the duration of an event, such as fireworks exhibitions

or festivals."; and

(b) immediately after regulation 4(11) thereof there shall be

added the following new subregulations

"(12) A Category "TEMP" licence shall be valid for the

duration of an event, such as a fireworks exhibition or festival,

during which the holder would be letting off fireworks in Malta.

(13) Applications for licences in Category "TEMP" are

to be endorsed by the organiser of the event on the occasion of

which the applicant is to let off fireworks. Such applications

shall be submitted by the applicant, or by the organiser on

behalf of the applicant, at least 14 days prior to the

commencement of the event. Applications shall include the

personal details of the applicant, information relating to the

dates and site for letting off and copies of any licences or

qualifications held by the applicant. Original licences or

qualifications may be submitted at a later date as directed by the

Commissioner.

(14) Applicants for a Category "TEMP" licence may, if

deemed necessary by the Commissioner, be required to pass an

oral test to ascertain that they possess the necessary technical

knowledge and ability to let off fireworks without danger to

themselves or to others.".

Immediately after regulation 6 of the principal regulations

there shall be added the following new regulation

" Licence

(1)

The licensee of a

fireworks factory shall be responsible to

conditions.

ensure that the fireworks factory is

compliant with the provisions of these

regulations including, but not limited to

(a)

ascertaining that licence

‘A’

holders

are

adequately

supervising other licence holders at

all times; and

(b)

maintaining

and

updating the Register in regulation

(2) All licence holders shall work

under the direction of the licensee and shall

report to him in relation to any obligation

foreseen by these regulations.

(3) Whenever a fireworks factory is

in contravention of regulations 7, 8, and 9

or is otherwise in serious breach of these

regulations, or is in breach of any other law,

as stipulated in the Ordinance, the

Commissioner shall suspend the licence

pertaining to the licensee, as well as the

licence of any other person directly

involved in the contravention.".

4. Regulation 16 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (1) thereof, immediately after the

words "regulation 15" there shall be inserted the words "or for

any other purpose";

(b)

in paragraph (b) of sub-regulation (1) thereof, the

words "Museums Department" shall be substituted by the words

"Superintendence of Cultural Heritage or any other entity

responsible for the preservation of cultural heritage in terms of

the Cultural Heritage Act."; and

(c)

in paragraph (c) of sub-regulation (1) thereof,

immediately after the words "of the" there shall be added the

words "Malta Environment and".

€0.18