The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006

Grant of licences N.I.

11.—(1) An application for a licence shall be made to the Secretary of State on a form approved for the purpose of this regulation by him.

[F1 (2) A licence, not being the renewal of a licence, may be granted—

(a) for such period not exceeding 5 years; or

(b) for any period or without a time limit in a case—

(i) to which paragraph (4) applies; or

(ii) to which paragraph (4) does not apply by virtue of paragraph (5)(e); or

(iii) where the licence application relates only to the manufacture of ammonium nitrate blasting intermediate,

as the Secretary of State determines.]

(3) Subject to paragraph (4), the Secretary of State shall grant a licence unless any of the grounds for refusing to do so referred to in regulation 14 apply.

(4) Subject to paragraph (5), the procedure set out in regulation 12 for holding a public hearing shall apply.

(5) Paragraph (4) shall not apply to an application for a licence—

(a) to store no more than 2000 kilograms of explosives to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) relating to the manufacture of explosives by means of on-site mixing;

(d) relating to the manufacture of ammonium nitrate blasting intermediate; F3 ...

(e) relating to the manufacture or storage of explosives by a person who wishes to carry on such manufacture or storage within a part of a site where another person already holds a licence for the manufacture or storage of explosives, and either—

(i) the application relates to manufacturing or storage activities which would be permitted at that part of the site under the existing licence; or

(ii) in the opinion of the Secretary of State, no significant new health and safety issues are raised by the application.

[F4 (f) which is to follow, without a gap in time, a previous licence granted to follow, without a gap in time, a deemed licence for the purposes of regulation 26(3); or

(g) relating to the manufacture of explosives by the Police Service of Northern Ireland for operational purposes or the training of its members in relation to those purposes.]

(6) The conditions of every licence shall specify—

(a) the site and, within it, the places where the explosives may be manufactured or stored;

(b) except in the case of desensitised explosives, the hazard type; and

(c) the maximum quantity of explosives which may be manufactured, stored or otherwise present, as the case may be, at any one time at or in any place so specified.

(7) In addition to the matters specified in paragraph (6), a licence which is granted by the Secretary of State in cases where the public hearing procedure was required pursuant to paragraph (4) [F5 or in cases where that procedure was not required by virtue of paragraph (5)(d) or (e)] —

(a) shall be granted subject to such conditions as the Secretary of State considers appropriate which relate to separation distances;

(b) may be granted subject to such conditions as the Secretary of State considers appropriate which relate to—

(i) the construction, siting or orientation of any building (including any protective works around the building) where the activity will be undertaken; and

(ii) the activities which may be undertaken in specified buildings,

and in this sub-paragraph—

“activity” means the manufacture or storage of explosives and it includes any handling, on-site transport, testing and disposal of explosives; and

“construction” means the materials used in, and the design of, a building; and

(c)

may, where the application was for both the manufacture and storage of explosives at the same site, cover both that manufacture and storage for the purposes of, respectively, regulations 9 and 10.

(8) In addition to the matters specified in paragraphs (6) and (7), where the Secretary of State grants a licence which relates to the storage of pyrotechnic articles at any site where those articles are to be offered for sale, the Secretary of State may attach such conditions to the licence as he considers appropriate which relate to—

(a) the storage and display of those pyrotechnic articles in areas where they can be purchased;

(b) the prevention of risk of fire arising in respect of those pyrotechnic articles; and

(c) the safe use of fire escapes in that area.

(9) A licence granted pursuant to this regulation shall be in a form approved by the Secretary of State.

(10) In this regulation, “on-site mixing” means the mixing at any place of non-explosive substances or preparations to form an explosive for immediate use at that place.

Textual Amendments

F1 Reg. 11(2) substituted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 5(a)

F2 Reg. 11(5)(b) omitted (7.8.2009) by virtue of The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 5(b)(i)

F3 Word in reg. 11(5)(d) omitted (7.8.2009) by virtue of The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 5(b)(ii)

F4 Reg. 11(5)(f)(g) inserted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 5(b)(iii)

F5 Words in reg. 11(7) inserted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 5(c)

Commencement Information

I1 Reg. 11 in operation at 1.12.2006, see reg. 1