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

Grant of licences

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.

(2) A licence, including the renewal of a licence, may be granted—

(a) for such period not exceeding 3 years; or

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

(i) in a case to which paragraph (4) applies; or

(ii) if the 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;

(b) 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 at a mine or within a harbour;

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

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

(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.

(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)—

(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.