The establishment of an explosive factory necessitates adherence to rigorous licensing procedures, including submission of relevant documentation and compliance with governmental ownership criteria. Renewal of licenses is contingent upon satisfactory compliance with stipulated terms and conditions.
The Application to set up an explosive factory shall be accompanied by a certified copy of the certificate of incorporation, in the case of a company, the diagrams or plans of the proposed factory or plant, such scale or scale as the Minister may prescribe by regulations.
In the establishment of a factory, a person shall not be licensed to establish an explosive factory unless it is partly owned by the government, wholly owned or the government has majority shares and the controlling interest. This provision creates an arrangement that will make a monopoly for the government to manufacture of explosives, which would lock out private investors. It’s an offence to establish a manufacturing plant or factory without a license and if one is liable, on conviction, shall pay a fine not exceeding one billion or imprisonment for life.
Renewal of a licence must be done at least three months before the expiry is granted by the Minister upon satisfaction that the terms and conditions of the expired licence were complied with
Revocation, Suspension of the Licence
Provisions for revocation or suspension of licenses are outlined, with recourse to legal remedies available for aggrieved parties. Grounds for such actions include providing false information, non-compliance, or posing security threats. The Regulations are likely to prescribe additional grounds and procedures for suspension or revocation of a licence.
The aggrieved person whose licence has been revoked can apply to the High Court within sixty days from the date of receipt of the decision. The given grounds in the Act pertain to giving false or misleading information at the time of applying for the licence, failure to comply with the terms and conditions of the licence, where the holder has become unfit and improper to hold the licence, the holder has committed an offence, has become insolvent or is under administration, and poses a security threat.
Blasting
Blasting material is material or mixture consisting of fuel or oxidizer that is intended for blasting. A blasting certificate issued by a recognised institution, a certificate by the Chief Explosives Inspector or any other authorised person and a blasting permit.
The permit is issued to persons qualified and shall not be transferable to another person. The Minister may prescribe the requirements in regulations or with approval of the committee, issue guidelines and procedures for the blasting of explosives to ensure safety and security. The Chief Explosive Inspector shall register and certify persons qualified to be blasters of explosives. A blaster is a person registered and certified to oversee and be responsible for the loading and firing explosives materials.
Duty of Care
Conducting any activity involving explosives requires taking reasonable precautions and care to avoid endangering the safety, health, or property of any person. In determining what constitutes reasonable precaution, the court in Santam Ltd v CC Designing BK [1998] 4 AII SA 70 (C) stated that parties must consider:
- Whether one party recognized the dangers they were exposed to.
- If so, whether they deliberately courted those dangers by taking measures they knew were inadequate to avert them.
Failure to take reasonable care contravenes the law and can result in a fine not exceeding fifty thousand currency points, imprisonment for a term not exceeding ten years or both.
Furthermore, a licensee or permit holder must implement measures to safeguard people, property, and the environment. These measures should follow the guidelines set by the Chief Explosives Inspector relating to the responsibilities of licensees and permit holders.
The Explosives Act 2023 marks a decisive milestone in the process of bringing regulatory frameworks applicable to explosives usage in line with contemporary standards. The Act acknowledges Uganda's pledge to safety, security and environmental sustainability using explosives. Adherence to its provisions is necessary for all parties involved in the explosives sector, guaranteeing a safe and sustainable future