5.—(1) Subject to paragraphs (2) and (3), every person who stores explosives at a site shall ensure that the relevant separation distance prescribed by Schedule 1 is maintained between a store and a building or other place not within that site to which that Schedule applies.
[F1(2) Paragraph (1) shall not apply to—
(a)desensitised explosives; or
(b)explosives which are stored under a licence granted by the Secretary of State in cases where—
(i)the public hearing procedure was required pursuant to regulation 11(4); or
(ii)that procedure was not required by virtue of regulation 11(5)(d) or (e).]
(3) Subject to paragraph (4), paragraph (1) shall not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding in the case of [F2sub-paragraphs (b) and (d)] any quantity of small arms ammunition, does not exceed—
(a)100 grams;
[F3(aa)a combined total of 5 kilograms of shooters' powder and model rocket motors;]
(b)30 kilograms of shooters' powder and 300 grams of percussion caps;
(c)200 detonators and—
(i)5 kilograms of water-based explosive and detonating cord; or
(ii)5 kilograms of water-based explosive or detonating cord; or
(d)4 kilograms of explosive kept by a police force or the Northern Ireland Prison Service for the purpose of training dogs used for the detection of explosives,
[F4(e)4 kilograms of explosive kept by a police force for operational purposes other than those referred to in sub-paragraph (d),]
and the explosives are stored in a safe and suitable place with all due precautions for public safety.
(4) For the purposes of paragraph (3), a person may not rely on more than one of the exceptions listed in sub-paragraphs (a) to (d) of that paragraph.
(5) Every person to whom the duty under paragraph (1) applies shall ensure that the separation distance referred to in paragraph (6) is maintained between a store and any building on the site on which the store is situated which is used either for accommodation or for work but not including any building used for work which is normally unoccupied by any person and is not a store.
(6) The separation distance referred to in paragraph (5) is that which is equal to half the relevant separation distance determined in accordance with Schedule 1.
(7) Every person, in a case to which regulation 11(4) applies, who is granted a licence to manufacture or store explosives, or whose licence is varied in a way which affects the separation distances required to be maintained, shall ensure that within 28 days of the grant or variation the Department of the Environment is given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence.
[F5(8) In this regulation, “model rocket motors” means explosive articles which—
(a)are allocated the U.N. nos. 0186, 0272, 0349, 0351 or 0471;
(b)are intended to be used for the propulsion of model rockets or similar articles; and
(c)in respect of each individual explosive article, contain no more than 1 kilogram of explosive.]
Textual Amendments
F1Reg. 5(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. 3(a)
F2Words in reg. 5(3)(b) substituted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 3(b)(i)
F3Reg. 5(3)(aa) inserted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 3(b)(ii)
F4Reg. 5(3)(e) inserted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 3(b)(iii)
F5Reg. 5(8) inserted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 3(c)
Commencement Information